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What is Penalty under FSSAI Act.?
Swarit Advisors
| Updated: Aug 29, 2017 | Category: FSSAI

What is Penalty under FSSAI Act.?

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, 2006 contains 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.

SectionOffensePersons coveredPenalty
50Sale of Food products of poor nature or which is of poor quality.Sellerup toRs.2Lakhs

 

Not exceeding Rs. 25000 for petty manufacturers.

51Where the food product is of Sub-standard nature.A seller, Manufacturer, Storage, Distributor, ImporterUp toRs.5 Lakhs
52Misbranded Food Products

 

 

A seller, Manufacturer, Storage, Distributor, Importerup to Rs. 3 Lakhs
53Where the Advertisement of a misleading nature.Publisher of advertisementup to Rs. 10 Lakhs
54Food containing extraneous matter.A seller, Manufacturer, Storage, Distributor, Importerup to Rs. 1 Lakh
55Non Compliance of any directions issued by the Food Safety Officer.Importer or Food business operatorup toRs. 2 Lakhs
56Where the  Processing or

 

Manufacturer conditions are unhygienic.

Manufacturer or processorup to Rs. 1 Lakh
57Possession of AdulterantA seller, Manufacturer, Storage, Distributor, ImporterWhere the Adulterant is not  harmful to health– up to Rs. 2 Lakhs

 

Where the Adulterant is harmful to health – up to Rs. 10 Lakhs

58Where no specific penalty has been prescribedAny person contravening the provisions of the actup toRs. 2 Lakhs.
59Unsafe FoodA seller, Manufacturer, Storage, Distributor, ImporterWhere 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.

60Seized Food ItemsAny 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
61Misleading InformationEvery person Providing such misleading informationImprisonment up to 3 Months and fine up to Rs. 2 Lakhs
62Obstructing or Impersonating the Food Safety OfficerA seller, Manufacturer, Storage, Distributor, ImporterImprisonment up to 3 Months and fine up to Rs. 1 Lakh.
63Carrying on food Business without LicenseA seller, Manufacturer, Storage, Distributor, ImporterImprisonment up to 6 Months and fine up to Rs. 5 Lakhs.
64Where an offense is repeated by a person who has been previously convicted of any offense punishable

 

under the Act

A seller, Manufacturer, Storage, Distributor, ImporterTwice 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

65In case of Death of ConsumerA seller, Manufacturer, Storage, Distributor, ImporterCompensation:

 

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

66Offenses relating to CompaniesEvery person in charge of CompanyThis 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.
67Where an imported article Contravenes the provisions of the ActImporterThe 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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