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What is Penalty under FSSAI Act.?

Swarit Advisors

| Updated: Aug 29, 2017 | Category: FSSAI

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.

 

Section Offense Persons covered Penalty
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.

Swarit Advisors

Swaritadvisors.com is technology motivated platform establishing the specialized legal & Financial advisory services in India. We are dedicated to helping startups and MNC in solving legal, Taxation and compliance related to starting and running their business around the world.

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