Analysis of Offences and Penalties under FSS Act, 2006

CS Jyoti Chopra

The 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 Penalised Penalty may extend up to: 50 Penalty for selling food not of the nature or substance or quality demanded the Seller Rs. 5 lakh the persons covered Section 31 (2) [e.g. petty manufacturer, petty retailer, hawker, small scale or cottage industry etc.] Rs. 25000 51 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 distribute or imports any article of food for human consumption which is sub-standard Rs. 5 lakh 52 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 distribute or imports any article of food for human consumption which is misbranded Rs. 3 lakh 53 Penalty for misleading advertisement any person who publishes, or is a party to the publication of a misleading advertisement Rs. 10 lakh 54 Penalty for food containing extraneous matter On 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 matter Rs. 1 lakh 55 Penalty for failure to comply with the directions of Food Safety Officer On Food business operator or importer Rs. 2 lakh 56 Penalty for unhygienic or unsanitary processing or manufacturing of food any 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 conditions Rs. 1 lakh 57 Penalty for possessing adulterant manufacture, sales, distribution or import of any adulterant- -Where such adulterant is not injurious to health Rs. 2 lakh -Where such adulterant is injurious to health Rs. 10 lakh 58 Penalty for contraventions for which no specific penalty is provided – Rs. 2 lakh
II. PUNISHMENT

SECTION(S) TYPE OF PUNISHMENT PARTICULARS IMPRISONMENT/FINE WHICH MAY EXTEND TO:
59 Punishment for unsafe food Such unsafe food:- does not result in injury 6 Months and Rs 1 lakh results in non-grievous injury 1 year and Rs. 3 lakh results in grievous injury 6 Years and Rs. 5 Lakh results in death Imprisonment shall not less than 7 years but extended up to lifetime and fine shall not be less than Rs. 10 lakh 60 Punishment for interfering with seized item Interference, if done without permission of Food Safety Officer 6 Months and Rs. 2 lakh 61 Punishment for false information Provide any information or produce any document knowing it to be false/misleading 3 Months and Rs. 2 lakh 62 Punishment for obstructing or impersonating a Food Safety Officer 3 Months and Rs. 1 lakh 63 Punishment for carrying out a business without license a person who is required to obtain license under the Act 6 Months and Rs. 5 lakh 64 Punishment for subsequent offences If 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

65 Compensation in case of injury or death of consumer any 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

67 Penalty 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 Act In 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.

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