By Parv Badjatiya · Wed May 20 2026 00:00:00 GMT+0000 (Coordinated Universal Time)

Delhi High Court Strikes Down Mandatory BIS Mark for Cattle Feed

The Delhi High Court has quashed the rule that made BIS certification mandatory for commercial cattle feed sold in India. In a judgment delivered on 7 April 2026 in the case of Godrej Agrovet Ltd. v. Food Safety and Standards Authority of India (FSSAI) [W.P.(C) 1079/2025], a Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia has held that FSSAI did not have the legal power to regulate cattle feed and could not make BIS certification compulsory through its own regulation.

This is one of the biggest regulatory rulings for the Indian cattle feed industry in years. The mandatory BIS Standard Mark on bags of compound cattle feed, which was being enforced under FSSAI directions since 2019, stands cancelled.

What exactly did the court strike down

The court quashed three things:

1. Note (c) of Regulation 2.5.2 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 — the amended version inserted in 2021. This was the note that said cattle feed must comply with BIS standards and carry the BIS certification mark on the label.
2. FSSAI Direction dated 10 December 2019 — which had first ordered that commercial feed for food-producing animals must comply with BIS standards.
3. FSSAI Directions dated 27 January 2020 and 1 January 2021 — which reinforced and extended the timeline for the above order.

All three are now legally void.

Why the court ruled against FSSAI

In simple language, the court gave three main reasons:

1. FSSAI's law is for human food, not animal feed. The Food Safety and Standards Act, 2006, under which FSSAI operates, defines "food" in Section 3(1)(j). That definition specifically says food does not include animal feed. The whole Act — its long title, its sections on safety, sale, labelling, definitions — refers to food meant for human consumption. Cattle feed is not human food, so FSSAI cannot regulate it.

2. FSSAI exceeded its rule-making power. Section 92 of the FSS Act lets FSSAI make regulations only for "food meant for human consumption". The court held that FSSAI's regulation on cattle feed was ultra vires — outside the powers given by Parliament. A regulator cannot expand its own jurisdiction by writing a regulation.

3. BIS standards are voluntary unless the Central Government makes them mandatory. Under Rule 24 of the Bureau of Indian Standards Rules, 2018, all Indian Standards (including IS 2052 for cattle feed) are voluntary. They become mandatory only if:

• they are stipulated in a contract, or
• referred to in a legislation, or
• made mandatory by a specific order of the Central Government under Section 16 of the BIS Act, 2016.

The court found that no such Central Government order existed for cattle feed. FSSAI cannot, through its own regulation, convert a voluntary BIS standard into a mandatory one. That is the Central Government's job — and the Central Government had not done it.

What this means for cattle feed manufacturers

The immediate effect:

• You no longer need a BIS licence to manufacture or sell commercial cattle feed in India under FSSAI's regulation.
• The BIS Standard Mark is not required on the bag label for cattle feed.
• Feed makers who were preparing to apply for BIS certification (or were stuck in the application process) can pause — the legal compulsion is gone for now.
• Existing BIS-certified feed remains BIS-certified; the certification is still valid as a quality signal, just not legally required.

The court itself clarified (paragraph 69 of the judgment) that this does not stop the government from making BIS mandatory through the correct legal route — i.e., a notification by the Central Government under Section 16 of the BIS Act, 2016, after consulting the Bureau. Until such a notification is issued, BIS for cattle feed is voluntary.

What this means for dairy farmers and buyers

For farmers buying feed:

• Quality has not changed overnight. The same manufacturers who were making good feed last month will continue making it. A BIS mark on a bag was always one signal of quality, not the only one. Continue to read the feed analysis label — protein, fat, fibre, moisture, calcium, phosphorus — and trust manufacturers with a track record.
• Prices may soften slightly. Some manufacturers were passing on the cost of BIS licensing, testing, and the certification fee to buyers. Without that compulsory cost layer, organised brands may compete more aggressively on price.
• More brands may re-enter the market. Some small and mid-size feed makers had paused production while applying for BIS or struggling to meet the timeline. They can now resume.
• Watch for substandard feed. The biggest risk of removing a mandatory standard is that fly-by-night manufacturers may push poor-quality feed into rural markets. Stick to known brands, ask for the feed analysis report, and reject feed with visible mould, off-smell, or no proper label.

What may happen next

Three possibilities are on the table:

1. The Central Government issues a fresh BIS notification. Under Section 16 of the BIS Act, 2016, the Centre — after consulting BIS — can issue a proper gazette notification making IS 2052 (and related standards like IS 2052:2023) mandatory for cattle feed across India. The court has explicitly said this route is open. If the government considers BIS certification important for the dairy and meat economy, this is the clean fix.
2. FSSAI appeals to the Supreme Court. FSSAI may challenge the Delhi HC ruling before the Supreme Court of India. If admitted, the matter will take many months, and the present position (BIS not mandatory) will continue unless a stay is granted.
3. Parliament amends the FSS Act. The FSSAI direction itself noted in 2019 that the law would need amendment to cover animal feed. Parliament could add animal feed to the scope of the FSS Act — though this is a longer route.

Until any of these happens, the law of the land for the Indian cattle feed industry is the position set by the Delhi High Court on 7 April 2026: BIS certification for cattle feed is voluntary, not mandatory.

What cattlefeed.info will track

• Any fresh Central Government notification under the BIS Act regarding cattle feed
• Any appeal filed by FSSAI against this ruling
• Daily raw material prices for the cattle feed industry — see today's prices
• Practical guides on what to look for on a feed bag now that BIS is not compulsory — see our compound feed guide

Case citation: Godrej Agrovet Ltd. v. Food Safety and Standards Authority of India & Anr., W.P.(C) 1079/2025, Delhi High Court, judgment delivered on 7 April 2026 by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia.

Disclaimer: This article is a general explanation of a court ruling for the cattle feed industry. It is not legal advice. Feed manufacturers and importers should consult a qualified lawyer before making business decisions based on this judgment.