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Penalty under FSSAI– A Detailed Guide

In order to ensure that the food operators in the country are abiding by the law and not making contravention of the standards as prescribed in the Act and guidelines, FSSAI has provided for penalties for various offenses. In certain events, penalties are imposed with imprisonment. So the food operators must abide by the laws at all times.

Aim of FSSAI:

FSSAI was established with the aim of laying down standards for food business operators. The business can be manufacturing, warehousing, distribution, transportation, retail business, etc. It covers all types of food articles where FBOs must obtain registration/ license from FSSAI as per the nature of their business.

This article describes various penalties as provided in the FSSAI Act.

Penalties as per the Act:

Type of offense

Penalty imposed

Selling food, not of nature or substance or quality demanded by the purchaser.

Up to five lakh rupees.

Sub-standard food

Up to five lakh rupees.

Misbranded food

Up to three lakh rupees.

Misleading advertisement

Up to ten lakh rupees.

Food containing extraneous matter

Up to one lakh rupees.

Failure to comply with the directions of the food safety officer

Up to two lakh rupees.

Unhygienic or unsanitary processing or manufacturing of food

Up to one lakh rupees.

Possessing adulterant

Maximum to ten lakh rupees.

Unsafe food
  • Where such failure has not resulted in injury- imprisonment that can be up to six months and fine which up to one lakh rupees
  • Where such failure resulted in a non-grievous injury- imprisonment up to one year and fine up to three lakh rupees
  • Where such failure caused the grievous injury- imprisonment up to six years and fine up to five lakh rupees
  • Where such failure caused death- imprisonment for a minimum of seven years, which may extend to imprisonment for life and minimum amount of fine is ten lakh Rupees.

Interfering with seized items

Imprisonment- can extend up to six months, and

Fine- up to two lakh rupees

False information in any document known to be false or misleading

Imprisonment- may extend to three months, and

Fine- up to two lakh rupees

Obstructing or impersonating a Food Safety Officer.

Imprisonment- may extend to three months, and

Fine- up to one lakh rupees

Continuing business without a license

Imprisonment- may extend to six months, and

Fine- up to five lakh rupees

Subsequent offenses- where a person is previously convicted of an offense and is convicted of the same offense
  • Twice the punishment, which might have been imposed on first conviction (subject to the being maximum punishment provided for the same offense)
  • Where the offense is a continuing- Fine on a daily basis which may extend up to one lakh rupees
  • The license shall be canceled.

Contravention of bylaws where import of food product is involved (along with the penalties imposed under any other Act)
  • The person will be liable to penalty/punishment under this Act, in addition to penalty/punishment under the Foreign Trade (Development and Regulation) Act, 1992 and the Customs Act, 1962.
  • Such food article shall be destroyed or returned to the importer if such action is permissible by the concerned authority as per the Foreign Trade (Development and Regulation) Act, 1992 or Customs Act, 1962, or any other Act, as the case may be.

Contraventions for which no specific penalty is provided

May extend to two lakh rupees.

 

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