Penalty and Punishment FSSAI

Be Prepared to Avoid Penalty & Punishment/Imprisonment

The Food Safety & Standard Act, 2006 contains the general provisions for penalties for various offences / contravention of provisions of the Act, Rules & Regulations committed by an individual. A person may render any article of food injurious to health by means of one or more of the following operations, namely:-

(a) adding any article or substance to the food

(b) using any article or substance as an ingredient in the preparation of the food

(c) abstracting any constituents from the food; or

(d) subjecting the food to any other process or treatment, with the knowledge that it may be sold or offered for sale or distributed for human consumption.

Details of Offences and Penalties under FSS Act, 2006

Offences / contravention are described as below and their respective penalties. It can be as high as Rs. 3 Lac and 6 moths imprisonment.

1. Punishment for carrying out a business without licence
   • If any person or food business operator (except the persons exempted from licensing under sub-section (2) of section 31 of this Act), himself or by any person on his behalf who is required to obtain licence, manufacturers, sells, stores or distributes or imports any article of food without licence, shall be punishable with imprisonment for a term which may extend to six months and also with a fine which may extend to five lakh rupees.
2. Penalty for sub-standard food.
   • Any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is sub-standard, shall be liable to a penalty which may extend to five lakh rupees.
3. Penalty for misbranded food.
   • Any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is misbranded, shall be liable to a penalty which may extend to three lakh rupees.
   • The Adjudicating Officer may issue a direction to the person found guilty of an offence under this section, for taking corrective action to rectify the mistake or such article of food shall be destroyed.
4. Penalty for misleading advertisement.
   • Any person who publishes, or is a party to the publication of an advertisement, which–
     1. Falsely describes any food; or
     2. is likely to mislead as to the nature or substance or quality of any food or gives false guarantee, shall be liable to a penalty which may extend to ten lakh rupees.
   • In any proceeding the fact that a label or advertisement relating to any article of food in respect of which the contravention is alleged to have been committed contained an accurate statement of the composition of the food shall not preclude the court from finding that the contravention was committed.
5. Penalty for possessing adulterant
   • Subject to the provisions of this chapter, if any person who whether by himself or by any other person on his behalf, imports or manufactures for sale, or stores, sells or distribute any adulterant shall be liable –
     1. Where such adulterant is not injurious to health, to a penalty not exceeding two lakh rupees;
     2. Where such adulterant is injurious to health, to a penalty not exceeding ten lakh rupees
   • In a proceeding under sub-section (1), it shall not be a defence that the accused was holding such adulterant on behalf of any other person.
6. Punishment for unsafe food.
   • Any person who, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is unsafe, shall be punishable–
     1. where such failure or contravention does not result in injury, with imprisonment for a term which may extend to six months and also with fine which may extend to one lakh rupees;
     2. where such failure or contravention results in a non-grievous injury, with imprisonment for a term which may extend to one year and also with fine which may extend to three lakh rupees;
     3. where such failure or contravention results in a grievous injury, with imprisonment for a term which may extend to six years and also with fine which may extend to five lakh rupees;
     4. Where such failure or contravention results in death, with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh rupees.
7. Punishment for false information.
   • If a person, in connection with a requirement or direction under this Act, provides any information or produces any document that the person knows is false or misleading, he shall be punishable with imprisonment for a term which may extend to three months and also with fine which may extend to two lakh rupees.
8. Penalty for failure to comply with the directions of Food Safety Officer.
   • If a food business operator or importer without reasonable ground, fails to comply with the requirements of this Act or the rules or regulations or orders issued thereunder, as directed by the Food Safety Officer, he shall be liable to a penalty which may extend to two lakh rupees
9. Penalty for unhygienic or unsanitary processing or manufacturing of food.
   • Any person who, whether by himself or by any other person on his behalf, manufactures or processes any article of food for human consumption under unhygienic or unsanitary conditions, shall be liable to a penalty which may extend to one lakh rupees.
10. Punishment for obstructing or impersonating a Food Safety Officer.
    • If a person without reasonable excuse, resists, obstructs, or attempts to obstruct, impersonate, threaten, intimidate or assault a Food Safety Officer in exercising his functions under this Act, he shall be punishable with imprisonment for a term which may extend to three months and also with fine which may extend to one lakh rupees

Penalty for failure to comply with the Licensing Condition

• Annual Return/Half yearly Returns
  1. Every licensee shall on or before 31st May of each year, submit a return electronically or in physical form as may be prescribed by the concerned Food Safety Commissioner, in ‘Form D-1’ provided in Schedule 2 of FSS Regulations to the Licensing Authority in respect of each class of food products handled by him during the previous financial year.
  2. Provided however that every licensee engaged in manufacturing of milk and/or milk products shall file half yearly returns for the periods 1st April to 30th September and 1st October to 31st March of every financial year in the form D-2, as provided in Schedule-2 of FSS regulations. Such returns will be filed within a month from the end of the period.
  3. Any delay in filing return beyond 31st May of each year shall attract a penalty of Rs 100 per day of delay.

Penalty for failure in Renewal of Registration and License

• Any application for the renewal of a registration or license granted under the FSS Regulations shall be made in Form A or B of Schedule 2, as the case may be, not later than 30 days prior to the expiry date indicated in the license.
• Any renewal application filed beyond the period mentioned under Regulation 2.1.7 (2) above but before the expiry date, shall be accompanied by a late fee of Rs 100 per day for each day of delay.

Offences / contravention are summarized below in attachment and their respective penalties. You can download, save, share it….

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