Adjudicating Officer

Adjudicating Officer under this act shall be an officer not below the rank of Additional District Magistrate of the concerned district and shall be appointed by the State Government.

Adjudicating Officer shall have the powers of a Civil Court and all proceedings before him shall be deemed to be Judicial proceedings under The Indian Penal Code.

Adjudicating Officer shall have due regard to the guidelines mentioned in Section 49 while adjudicating the quantum of penalty under Food Safety and Standards Act, 2006.

No order shall be passed by the Adjudicating Officer without giving the person an opportunity of being heard.

Aggrieved Person can file an appeal against the order of the Adjudicating Officer within a period of 30 Days to Food Safety Appellate Tribunal.

Food Safety Appellate Tribunal

Food Safety Appellate Tribunal under this act shall be established by the Central Government or the State Government as the case may be and shall consist of one person namely called as presiding officer who is or has been a District Judge.

Food Safety Appellate Tribunal shall not be bound by the procedure laid down by the Civil Procedure Code, 1908 but it shall be guided by the principles of Natural Justice and shall have the powers to regulate its own procedure.

Food Safety Appellate Tribunal shall have the powers of Civil Court for the purpose of discharging its duties under this act and all proceedings before him shall be deemed to be Judicial Proceedings under the Indian Penal Code.

Aggrieved Person can file an appeal against the order of the Food Safety Appellate Tribunal within a period of 60 Days to High Court.

Offences and Penalties under Food Safety and Standards Act, 2006

Penalty for selling food not of the nature or substance or quality demanded – Person shall be liable to a penalty not exceeding Rs. 500,000, and for those persons who are covered u/s 31(2) the penalty can be Rs. 25000.(Section-50)

Penalty for Sub-Standard Food – Person shall be liable to a penalty which may extend to Rs. 500,000. (Section-51)

Penalty for Mis-branded Food – Person shall be liable to a penalty which may extend to Rs. 300,000. (Section-52)

Penalty for Misleading Advertisement – Person shall be liable to a penalty which may extend to Rs. 10,00,000. (Section-53)

Penalty for Food containing extraneous matter – Person shall be liable to a penalty which may extend to Rs. 100,000. (Section-54)

Penalty for failure to comply with the directions of Food Safety Officer – Person shall be liable to a penalty which may extend to Rs. 200,000. (Section-55)

Penalty for unhygienic or unsanitary processing or manufacturing of food – Person shall be liable to a penalty which may extend to Rs. 100,000. (Section-56)

Penalty for possessing adulterant – If it is not injurious to health then person shall be liable to a penalty which may extend to Rs. 200,000 and

If it is injurious to health then person shall be liable to a penalty which may extend to Rs. 10,00,000. (Section-57)

Penalty for contraventions for which no specific penalty is provided – Person shall be liable to a penalty which may extend to Rs. 200,000. (Section-58)

Punishment for unsafe food – If it does not result in injury then person shall be liable to a fine which may extend to Rs. 100,000 and imprisonment for a term which may extend to 6 Months.

If it results in a non-grievous injury then person shall be liable to a fine which may extend to Rs. 300,000 and imprisonment for a term which may extend to 1 Year.

If it results in a grievous injury then person shall be liable to a fine which may extend to Rs. 500,000 and imprisonment for a term which may extend to 6 Years.Adjudication under Food Safety and Standards Act, 2006

If it results in death then person shall be liable to a fine which shall not be less than Rs. 10,00,000 and imprisonment for a term which shall not be less than 7 Years but which may extend to imprisonment for life. (Section-59)

Punishment for interfering with seized items – Person shall be liable to a fine which may extend to Rs. 200,000 and imprisonment for a term which may extend to 6 Months. (Section-60)

Punishment for false information – Person shall be liable to a fine which may extend to Rs. 200,000 and imprisonment for a term which may extend to 3 Months. (Section-61)

Punishment for obstructing or impersonating a Food Safety Officer – Person shall be liable to a fine which may extend to Rs. 100,000 and imprisonment for a term which may extend to 3 Months. (Section-62)

Punishment for carrying out a business without license – Person shall be liable to a fine which may extend to Rs. 500,000 and imprisonment for a term which may extend to 6 Months. (Section-63) 

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Qualification: LL.B / Advocate
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Location: AGRA, Uttar Pradesh, India
Member Since: 15 Aug 2022 | Total Posts: 7
Currently practicing as an advocate at AGRA specialized in GST Laws, Income Tax Laws, FSSAI, Labour Laws and compliances thereof. View Full Profile

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