Jan Vishwas Act 2026: Centre decriminalises minor drug, cosmetic and food safety violations
Synopsis
Key Takeaways
The Centre has operationalised sweeping regulatory reforms under the Jan Vishwas Act, 2026, amending provisions of the Drugs and Cosmetics Act, 1940 and the Food Safety and Standards Act, 2006, effective Friday, 26 June. The Health Ministry confirmed in an official statement that the changes aim to reduce the compliance burden on businesses, shift minor infractions to an administrative penalty framework, and embed proportionate enforcement — without diluting safeguards against serious public health threats.
What Changes Under the Drugs and Cosmetics Act
One of the more notable omissions is Section 29 of the Drugs and Cosmetics Act, 1940, which previously prescribed a penalty of up to ₹1 lakh for using a government analyst's report in advertising any drug or cosmetic. That provision has now been removed entirely.
Violations linked to the manufacture or sale of low-risk cosmetics — such as minor labelling deficiencies, errors, or failure to meet non-critical quality parameters — have been brought under an administrative penalty system rather than criminal proceedings. Critically, offences involving spurious or adulterated cosmetics, which carry direct risks to consumer safety, continue to attract stringent penal provisions under the Act.
Violations under Section 28A, which primarily cover procedural requirements such as maintenance of records and submission of information, have also been converted into administrative penalties.
New Adjudicating Authorities and Appeal Mechanism
To ensure the reformed framework functions effectively, the amendments introduce provisions for the appointment of Adjudicating Authorities alongside a formal Appeal Mechanism. According to the Health Ministry statement, this is intended to enable timely and transparent disposal of cases involving administrative contraventions — a structural addition that distinguishes this round of reform from earlier, piecemeal amendments.
Key Shifts Under the Food Safety Act
Under the Food Safety and Standards Act, 2006, the imposition of court fines for false complaints against Food Safety Officers has been converted into an administrative penalty — removing the courts from what the government characterises as a procedural dispute.
The punishment for interfering with seized items has been rationalised: the term of imprisonment has been reduced from six months to three months. Meanwhile, the provision criminalising obstruction or resistance of a Food Safety Officer has been omitted altogether, on the grounds that such conduct is already covered under the Bharatiya Nyaya Sanhita (BNS), thus eliminating legal duplication.
The Broader Regulatory Intent
The Centre frames the Jan Vishwas Act reforms as a pivot toward 'trust-based governance' — a model that distinguishes between technical or procedural non-compliances and serious public health offences. This comes amid a broader push to improve India's ease-of-doing-business rankings, where regulatory complexity in the pharmaceutical and food sectors has historically been flagged by industry bodies as a friction point.
Notably, this is not the first attempt to rationalise India's food and drug laws — but the introduction of a dedicated adjudication and appeals architecture marks a structural step beyond earlier amendments that simply revised penalty amounts. Whether the new framework meaningfully reduces litigation timelines will depend on how quickly Adjudicating Authorities are constituted and operationalised.