CS Jyoti Chopra

Jyoti ChopraThe Food Safety and Standard Act, 2006 (FSSA, 2006) is an Act which endeavor to keep with changing needs/ requirement of time and to consolidate the existing laws relating to food and to establish the pioneer body, Food Safety and Standard Authority of India in order to regulate the food industry in India.

The Act was needed to bring out a single statutory body for food laws, standard setting and enforcement. It eradicate the confusion in the minds of manufactures, traders, distributors, importers and consumers on handling body and laws for matters pertaining to food.

To ensure quality and safe food to the consumer and to regulate food business in India, various standards, provisions and regulations has been set up.

The foremost monetary penalties and punishment for offences conducted under various provisions of the FSSA, 2006 is listed below:

I. PENALTIES

Section(s)Type of Offence(s)Who is PenalisedPenalty may extend up to:
50Penalty for selling food not of the nature or substance or quality demandedthe SellerRs. 5 lakh
the persons covered Section 31 (2) [e.g. petty manufacturer, petty retailer, hawker, small scale or cottage industry etc.]Rs. 25000
51Penalty for sub-standard foodany person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distribute or imports any article of food for human consumption which is sub-standardRs. 5 lakh
52Penalty for misbranded foodany person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distribute or imports any article of food for human consumption which is misbrandedRs. 3 lakh

 

53Penalty for misleading advertisementany person who publishes, or is a party to the publication of a misleading advertisementRs. 10 lakh
54Penalty for food containing extraneous matterOn any person who whether by himself or by any other person on his behalf manufacturers for sale or stores or sells or distribute or imports any article of food for human consumption containing extraneous matterRs. 1 lakh
55Penalty for failure to comply with the directions of Food Safety OfficerOn Food business operator or importerRs. 2 lakh
56Penalty for unhygienic or unsanitary processing or manufacturing of foodany person who whether by himself or by any other person on his behalf manufacturers or processes any article of food for human consumption under unhygienic or unsanitary conditionsRs. 1 lakh
57Penalty for possessing adulterantmanufacture, sales, distribution or import of any adulterant-
-Where such adulterant is not injurious to healthRs. 2 lakh
-Where such adulterant is injurious to healthRs. 10 lakh
58Penalty for contraventions for which no specific penalty is providedRs. 2 lakh

II. PUNISHMENT

SECTION(S)TYPE OF PUNISHMENTPARTICULARSIMPRISONMENT/FINE WHICH MAY EXTEND TO:
59Punishment for unsafe foodSuch unsafe food:-
does not result in injury6 Months and Rs 1 lakh
results in non-grievous injury1 year and Rs. 3 lakh
results in grievous injury6 Years and Rs. 5 Lakh
results in deathImprisonment shall not less than 7 years but extended up to lifetime and fine shall not be less than Rs. 10 lakh
60Punishment for interfering with seized itemInterference, if done without permission of Food Safety Officer6 Months and Rs. 2 lakh
61Punishment for false informationProvide any information or produce any document knowing it to be false/misleading3 Months and Rs. 2 lakh
62Punishment for obstructing or impersonating a Food Safety Officer3 Months and Rs. 1 lakh
63Punishment for carrying out a business without licensea person who is required to obtain license under the Act6 Months and Rs. 5 lakh
64Punishment for subsequent offencesIf any person, after having been previously convicted of an offence under this Act subsequently commits and is convicted of the same offence§ Twice the punishment which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence

§ If offence is continuing -Further, Daily fine which may extend up to Rs. 1 lakh

§ License shall be cancelled

65Compensation in case of injury or death of consumerany person who whether by himself or by any other person on his behalf manufacturers or distributes or sells or imports any article of food for causing injury or death of the Consumer§ Rs. 5 lakh in case of death

§ Rs. 3 lakh in case of grievous injury

§ Rs. 1 lakh, in all other cases of injury

67Penalty for contravention of provision of this Act in case of import of articles of food to be in addition to penalties provided under any other ActIn addition to FSS Act, 2006 may also be Liable under provisions of Foreign Trade (Development and Regulation) Act, 1992 and the Customs Act, 1962

Important Note:

III. OFFENCE BY COMPANIES:

Every person who at the time the offence was committed was in-charge of, and was responsible to, the company for the conduct of the business of the company, as well as the Company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly for an offence under this Act.

Disclaimer: We aim to ensure the content is current and accurate however, the above article is for your information only. Author is not intended to be comprehensive, and they do not constitute and must not be relied on as legal advice.

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