Why the FSSAI is also putting liquor under the scanner

Polity & Governance · 1 September 2026 · Based on The Hindu (original report)

2-minute summary

A recent regulatory action by the Food Safety and Standards Authority of India (FSSAI) against a Tamil Nadu distillery highlights the overlapping jurisdictions of Central and State authorities over alcohol. While 'intoxicating liquors' is a State subject under Entry 8 of List II, the 'adulteration of foodstuffs' falls under Entry 18 of List III (Concurrent List). Under Section 3(1)(j) of the Food Safety and Standards Act, 2006, 'food' explicitly includes alcoholic drinks. Consequently, FSSAI enforces product identity, safety, and labeling standards through the FSS (Alcoholic Beverages) Regulations, 2018. The recent crackdown targeted the unauthorized use of artificial or nature-identical flavorings that mimic natural maturation processes in spirits like whisky, emphasizing that alcohol must meet strict quality benchmarks beyond merely being safe from acute toxicity.

Why it's in the news

In August 2026, the FSSAI's Southern Regional Office inspected a licensed distillery in Tamil Nadu and temporarily halted the sale of 11 liquor products due to unauthorized artificial and nature-identical flavorings. This action brought to the fore the constitutional division of powers between state excise control and central food safety standards.

Background and context

Historically, the regulation of alcohol in India has been a state-dominated domain, primarily because state excise duties on liquor constitute a major source of revenue for state governments. However, the enactment of the Food Safety and Standards Act, 2006, consolidated various food laws under a single central regulator, the FSSAI. To address quality issues, adulteration, and misleading labeling in the liquor industry, FSSAI notified the Food Safety and Standards (Alcoholic Beverages) Regulations in 2018. These regulations define specific standards for various alcoholic beverages (like whisky, beer, and wine), detailing permitted ingredients, limits on additives, and labeling requirements, thereby establishing a dual-regulatory regime where states control the commerce and the Union regulates the product standards.

Constitutional provisions

  • Entry 8 of List II (State List), Seventh Schedule — Grants States exclusive legislative power over the production, manufacture, possession, transport, purchase, and sale of intoxicating liquors.
  • Entry 18 of List III (Concurrent List), Seventh Schedule — Grants both Parliament and State Legislatures power over the 'adulteration of foodstuffs and other goods', providing the constitutional basis for the FSS Act, 2006.

Mains practice: Analyze the constitutional and regulatory overlap between State Excise laws and Central Food Safety laws with respect to the regulation of alcoholic beverages in India. How can cooperative federalism resolve potential conflicts?

Introduction:

The regulation of alcohol in India presents a unique constitutional matrix where state fiscal interests intersect with central public health mandates. While states exercise exclusive legislative control over 'intoxicating liquors', the Union regulates its safety standards under concurrent powers related to food adulteration.

Constitutional and Regulatory Overlap:

• Seventh Schedule Division: Entry 8 of List II (State List) vests the power over production, manufacture, possession, transport, purchase, and sale of intoxicating liquors solely in State Legislatures. Conversely, Entry 18 of List III (Concurrent List) empowers both Parliament and States to legislate on the 'adulteration of foodstuffs and other goods'.

• Statutory Mandate of FSSAI: Under Section 3(1)(j) of the Food Safety and Standards (FSS) Act, 2006, 'food' explicitly includes alcoholic drinks. This grants the FSSAI jurisdiction to enforce safety, labeling, and product identity standards under the FSS (Alcoholic Beverages) Regulations, 2018.

• Nature of Regulation: State excise laws treat liquor primarily as an intoxicating commodity and a source of revenue, focusing on licensing and taxation. FSSAI, however, regulates liquor as a consumable product, ensuring it is free from harmful chemical additives, synthetic flavorings, or misbranding.

Resolving Conflicts through Cooperative Federalism:

• Harmonized Enforcement: Joint task forces comprising State Excise officials and FSSAI food safety officers can streamline inspections, minimizing harassment for businesses.

• Clear Jurisdictional Demarcation: State machinery should focus on revenue collection and distribution logistics, while FSSAI handles scientific testing and standard-setting.

• Institutional Dialogue: Regular consultations between the FSSAI's scientific panels and state excise commissioners can prevent sudden bans and ensure smooth compliance transitions.

Conclusion:

Ensuring consumer safety without disrupting state revenues requires a balanced approach. By treating alcohol safety as a shared responsibility, India can uphold the principles of cooperative federalism while safeguarding public health.

Prelims practice questions

Q1. With reference to the regulation of alcoholic beverages in India, consider the following statements: 1. 'Intoxicating liquors' is a subject placed under the Concurrent List (List III) of the Seventh Schedule. 2. The Food Safety and Standards Act, 2006, explicitly includes alcoholic drinks within the definition of 'food'. Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer: B. Statement 1 is incorrect because 'intoxicating liquors' (production, manufacture, possession, transport, purchase, and sale) is a subject under Entry 8 of List II (State List). Statement 2 is correct because Section 3(1)(j) of the FSS Act, 2006, explicitly includes alcoholic drinks within the definition of 'food'.

Q2. Which of the following entries in the Seventh Schedule of the Constitution of India provides the constitutional basis for the Parliament to enact laws regarding the adulteration of foodstuffs?

  1. Entry 52 of List I (Union List)
  2. Entry 18 of List III (Concurrent List)
  3. Entry 8 of List II (State List)
  4. Entry 33 of List III (Concurrent List)

Answer: B. Entry 18 of List III (Concurrent List) covers 'adulteration of foodstuffs and other goods', which allows both Parliament and State legislatures to pass laws on the subject, serving as the constitutional basis for the FSS Act, 2006.

Q3. Under the Food Safety and Standards (Alcoholic Beverages) Regulations, 2018, which of the following entities bears the primary responsibility for ensuring compliance with safety and labeling standards throughout the production and distribution chain?

  1. The Ministry of Consumer Affairs
  2. State Excise Departments
  3. The Agricultural and Processed Food Products Export Development Authority (APEDA)
  4. The Food Business Operator (FBO)

Answer: D. Section 26 of the FSS Act, 2006, places the primary responsibility on the Food Business Operator (FBO) to ensure that the articles of food satisfy the requirements of the Act and its regulations at all stages of production, processing, import, distribution, and sale.

Revision flashcards

  • Which entry in the Seventh Schedule deals with 'intoxicating liquors'? Entry 8 of List II (State List), which covers production, manufacture, possession, transport, purchase, and sale.
  • Under which entry of the Concurrent List (List III) is the 'adulteration of foodstuffs' regulated? Entry 18 of List III.
  • Does the Food Safety and Standards Act, 2006, define alcohol as 'food'? Yes, under Section 3(1)(j), 'food' explicitly includes alcoholic drinks.
  • Which specific regulations govern the standards of liquor products under FSSAI? The Food Safety and Standards (Alcoholic Beverages) Regulations, 2018.
  • Who bears the primary responsibility for food safety compliance under Section 26 of the FSS Act, 2006? The Food Business Operator (FBO).

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