The food business is definitely preferable by every foodie entrepreneur. They always want to show their love and passion for food through their delicious food and creative presentation. Thus, they...
The enforcement of FSSAI act has been started from 1st 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.
|50||Sale of Food products of poor nature or which is of poor quality.||Seller||up toRs.2Lakhs
Not exceeding Rs. 25000 for petty manufacturers.
|51||Where the food product is of Sub-standard nature.||A seller, Manufacturer, Storage, Distributor, Importer||Up toRs.5 Lakhs|
|52||Misbranded Food Products
|A seller, Manufacturer, Storage, Distributor, Importer||up to Rs. 3 Lakhs|
|53||Where the Advertisement of a misleading nature.||Publisher of advertisement||up to Rs. 10 Lakhs|
|54||Food containing extraneous matter.||A seller, Manufacturer, Storage, Distributor, Importer||up to Rs. 1 Lakh|
|55||Non Compliance of any directions issued by the Food Safety Officer.||Importer or Food business operator||up toRs. 2 Lakhs|
|56||Where the Processing or
Manufacturer conditions are unhygienic.
|Manufacturer or processor||up to Rs. 1 Lakh|
|57||Possession of Adulterant||A seller, Manufacturer, Storage, Distributor, Importer||Where the Adulterant is not harmful to health– up to Rs. 2 Lakhs
Where the Adulterant is harmful to health – up to Rs. 10 Lakhs
|58||Where no specific penalty has been prescribed||Any person contravening the provisions of the act||up toRs. 2 Lakhs.|
|59||Unsafe Food||A seller, Manufacturer, Storage, Distributor, Importer||Where food does not cause any Injury– Imprisonment up to 6 Months and also fine up to Rs. 1 Lakh.
Where the food causes any injury of not- grievous nature – Imprisonment up to 1 Year and also fine up to Rs. 3 Lakhs.
Where the food causes any injury of grievous nature – Imprisonment up to 6 Years and also fine up to Rs. 5 Lakhs.
Where the food has resulted in the death of any person – Imprisonment up to 7 years which may extend to life imprisonment and also fine not fewer than Rs. 10 Lakhs.
|60||Seized Food Items||Any person who retains removes or
tampers with any food item which has been seized, without prior permission of the Food Safety Officer
|Imprisonment up to 6 Months and fine up to Rs. 2 Lakhs|
|61||Misleading Information||Every person Providing such misleading information||Imprisonment up to 3 Months and fine up to Rs. 2 Lakhs|
|62||Obstructing or Impersonating the Food Safety Officer||A seller, Manufacturer, Storage, Distributor, Importer||Imprisonment up to 3 Months and fine up to Rs. 1 Lakh.|
|63||Carrying on food Business without License||A seller, Manufacturer, Storage, Distributor, Importer||Imprisonment up to 6 Months and fine up to Rs. 5 Lakhs.|
|64||Where an offense is repeated by a person who has been previously convicted of any offense punishable
under the Act
|A seller, Manufacturer, Storage, Distributor, Importer||Twice the punishment, which was imposed when he was first convicted,
Where the offense is a continuous Nature, a fine on a daily basis up to Rs. 1 lakh.
Cancellation of License
|65||In case of Death of Consumer||A seller, Manufacturer, Storage, Distributor, Importer||Compensation:
In case of death- up to Rs. 5 Lakhs
In case of grievous injury- up to Rs. 3 lakhs
In any other cases – up to Rs. 1 lakh
The Adjudicating Officer or the court may also order Cancellation of license or issue any prohibitory orders
|66||Offenses relating to Companies||Every person in charge of Company||This section provides a clarification with respect to the person who shall be held responsible if any offense is committed by the company under the Act.|
|67||Where an imported article Contravenes the provisions of the Act||Importer||The importer of such food article shall be punishable under the provisions of Food Act in addition to any penalty which may be imposed on him under the provisions of the Foreign Trade (Development and Regulated regulation992 (22 of 1992) and the Customs Act, 1962 (52 of 1962).
Also, the food article shall be destroyed or returned to the importer with prior approval of the designated authority under the Foreign Trade (Development and Regulation)Act, 1992 (22 of 1992) or the Customs Act, 1962 (52 of 1962), or any other Act, as the case may be.