What is Penalty under FSSAI Act.?

The enforcement of FSSAI act has been started from 1^st year of enactment of the law, but enforcement was bit slow in initial years and but after 2010 the FSSAI Department has encouraged public to provide inputs about the FBO, who are evolved in violation of FSSAI act. In this article, we discuss the what activities of food business operator may be considered as a violation of FSSAI Act, as a food operation what should you ensure so that your food business is legally compliant with FSSAI laws. The various provisions of penalties under FSSAI act have been enacted with the seriousness of offense evolved. In this article, we have done a detailed analysis of the Penalty under FSSAI Act.

As per Section 48 of the Food Safety and Standards Act, 2006contains the provisions relating to offenses. It provides that:

If a person renders any food article which causes an injury to health by any of the following means, namely:-

• Addition of any article or substance;

• By use of any substance as an ingredient while preparing food

• By subtracting all or any of the constituents of the food

• Using any process or treatment, with full knowledge that it will be sold or distributed for human consumption.

Then such an article or food license shall be deemed to be an unsafe or substandard food product.However, there are certain exceptions while determining whether the food is safe or injurious to health, following factors are taken into consideration

• The manner in which the food is used by the consumer in normal conditions and its handling at various stages of production, processing, and distribution.

• The information made available to the consumer, including the information on the labels affixed and such other general information available to the consumers relating to the ill-effects from the use of a particular food or category of food.

• The most likely toxic effects occurring from the use of food or category of food

• The necessary health sensitive information, where the food is intended for a particular category of consumers
• whether the quality and purity of the article or main ingredient has fallen below the required standards or is not present in required quantities because of any natural causes or which are beyond the human control, then such article is not be deemed to be an unsafe or substandard food product.

Section 49 of FSSAI Act, provides that while computing the penalty under this section, the Adjudicating Officer or the Tribunal, as the case may be, shall make the following considerations: –

• Whether any unfair advantage or wrongful gain, in quantifiable terms, been made because of such contravention

• The Amount of loss caused or likely to be caused to any person because of such Contravention

• Whether the contravention is of repetitive.

• Whether the contravention has occurred without his knowledge and
• Any other factors prescribed from time to time.

Section 50-67 the Food Safety and Standards Act, 2006 are the penalizing sections.