Punishable Offenses under FSSAI Food License

The Food Safety and Standard Authority of India (FSSAI) is administered under the Ministry of Health & Family Welfare. The authority is accountable to oversee the proper implementation of the FSS Act that has been enforced on various food business endeavors. The FSSAI Food License ensures that all the food manufacturers follow the laid rules and regulations during its operation. A complete guide of procedures has been dictated by FSSAI for all the food operators to be eligible to obtain their licenses. Failing to comply with the guide will lead to punishable offenses under FSSAI Food license.  Offenses under fssai act are mandatory for all to follow.

The entire registration has been categorized on the basis of business category and income:

  1. FSSAI State License – For the business’ with an annual income ranging from Rs. 12 lakh to Rs. 20 Crore.
  2. FSSAI Central License – For business’ whose turnover exceeds Rs. 20 Crore.

The Food Business Operator (FBO) suggests the suitable license type. The FSSAI Act has been entrusted with the responsibility to keep a check on the offenses committed by the food manufacturers operating as Private Limited Company, One Person Company, Limited Company and decides upon their penalties accordingly.

Under the Act, all the individuals engaged in the offense along with the company are pronounced guilty and legal charges are brought against them. In the case of multiple branches of a company, the Head Office will be considered accountable for the misconduct.Offenses under fssai act are mandatory for all to follow.

The Director, Manager, Administrator, Secretary or any other in-charge officials of the company, if held responsible, will be proceeded against and punished accordingly.

List of Punishable Offenses under FSSAI Act

1. Penalty for Selling Food, not of the demanded Nature or Substance or Quality

Anyone selling any kind of food to the purchaser’s prejudice which not in compliance with the provisions of this Act or the regulations prescribed by FSSAI, or of nature or substance or quality as demanded by the purchaser will be liable to a penalty not exceeding Rs. 5 lakh. If the person is covered under Sub-Section (2), Section 31 for any non-compliance, will be liable to a penalty, not exceeding Rs. 25,000.

2. Penalty for Sub-Standard Food

Anyone either by themselves or through any other person on their behalf manufactures for sale, store or sells, distributes or imports any article of food for human consumption which is considered to be of sub-standard will be liable to a penalty which may be extended to Rs. 5 lakh.Offenses under fssai act are mandatory for all to follow.

3. Penalty for Misbranded Food

  1. Anyone either by themselves or through any other person on their behalf manufactures for sale, store or sells or distributes or imports any food article for human consumption which is misbranded will be liable to a penalty that is extended up to Rs. 3 lakhs.
  2. The Adjudicating Officer is eligible to issue a direction to a person found guilty of an offense under this section, for taking corrective action to rectify the mistakes or such articles of food will be destroyed.

4. Penalty for Misleading Advertisement

Anyone who publishes or is confederate to the publication of an advertisement, which –

  1. deceitfully describes any food 
  2. is likely to mislead the consumer as nature/substance/quality of the food gives a false guarantee will be liable to pay a penalty up to Rs. 10 lakh.

In any of the above proceedings, a label or an advertisement relating to any article of food in respect of which the contravention is alleged to have been committed contains an accurate statement of the composition of the food will not help to stop the court from finding that the violation is committed.Offenses under fssai act are mandatory for all to follow.

5. Penalty for Food containing Extraneous Matter

Anyone either by themselves or through any other person manufactures for sale, store or sells, distributes, imports any food article for human consumption containing extraneous matter will be liable to pay a penalty up to Rs. 1 lakh.

6. Penalty for Running the Business without a License

Any food business operator (except for the business owners exempted from the licensing scheme under Sub-Section 2, Section 31 of FSS Act) either by himself or through someone on their behalf who is required to acquire the license operates without a valid FSSAI license will be penalized with an imprisonment term up to six months and a fine up to Rs. 5 lakhs.

7. Penalty for Failure to Comply with the Directions by the Food Safety Officer

If a food business operator or importer fails to comply with the requirements of the FSS Act or the rules and regulations directed by the Food Safety Officer without any reasonable grounds will be liable to a penalty up to Rs. 2 lakh.Offenses under fssai act are mandatory for all to follow.

8. Penalty for Processing/Manufacturing of food under an Unhygienic/Unsanitary condition

Anyone either by themselves or through any other person manufactures/processes any food article for human consumption under unhygienic or unsanitary conditions will be liable to pay a penalty of up to Rs. 1 lakh.

9. Penalty for Possessing Adulterant

Anyone either by themselves or through any other person on their behalf manufactures or imports for sale, stores, selling or distribution is into adulteration will be liable –

  1. to pay a penalty up to Rs. 2 lakh in case such adulterant is not injurious to health
  2. to pay a penalty up to Rs. 10 lakh in case such adulterant is injurious to health.

10. Penalty for Contraventions

Anyone who breaches any provision of the FSS Act or the Rules and Regulations made by it will be liable to pay a penalty up to Rs. 2 lakh but for this officially there is no prescribed penalty in the Act.Offenses under fssai act are mandatory for all to follow.

11. Penalty for Unsafe Food

Anyone either by themselves or through any other person on their behalf manufactures or imports for sale, stores, selling or distribution of any food article unsafe for human consumption will be punishable where the contravention –

  1. does not lead to injury – an imprisonment term up to six months and fine up to Rs. 1 Lakh.
  2. results in non-grievous injury – an imprisonment term up to one year and fine up to Rs. 3 Lakh.
  3. results in grievous injury – an imprisonment term up to six years and fine up to Rs. 5 Lakh.
  4. results in death – an imprisonment not less than seven years which could be extended up to life imprisonment and a fine not less than Rs. 10 Lakh.

12. Penalty for False Information

Anyone who is in conjunction with the direction or requirement under the FSS Act provides any information or produces any false or misleading documents will be punished with an imprisonment term up to three months along with a fine up to Rs. 2 lakhs.

13. Penalty for Interfering with Seized Items

Anyone without the permission of a Food Satefy Officers either retains, removes or tampers with any food, equipment, packaging, labeling, vehicle, advertising or any other additional material that has been seized under this Act will be punishable with imprisonment for a term which might extend to six months along with a fine up to Rs. 2 lakh.

14. Penalty for Obstructing or Impersonating Food Safety Officer

Anyone without any justifiable excuse, indulges in resisting, obstructing, threatening, intimidating, or assaulting the Food Safety Officer while he his exercising his duties and functions under the act will be penalized with an imprisonment term up to three months and a fine up to Rs 1 lakh.Offenses under fssai act are mandatory for all to follow.

15. Penalties for Subsequent Offenses

Anyone after being convicted once of an offense that is punishable under the act and again gets convicted for the same crime then:

  1. the person is liable for twice the punishment which was imposed on the first conviction.
  2. the person will be liable to pay a fine on the daily basis where the offense is a continuing one and the fine may be extended up to Rs. 1 lakh.
  3. there is a huge possibility of the license being canceled.

There are chances that the Court may cause the perpetrator’s name, place of residence, the details of the offense and the penalty imposed publishes in the newspaper on the expenses of the perpetrator. 

16. Compensation for the occurrence of Injury or Death to the Consumer

A. Anyone either by themselves or through any other person on their behalf manufactures, distributes, imports or sells any food article that causes injury or death of the consumer then he shall be lawful for the Adjudicating Officer. The Court is eligible to direct the guilty to pay a compensation to the victim a sum of –

  1. not exceeding Rs. 1 lakh in case of injuries.
  2. not exceeding Rs. 3 lakh in case of grievous injury.
  3. not less than Rs. 5 lakh in case of death.

It is mandatory that the compensation should be paid as earliest as possible and should not exceed six months from the date of occurrence of the incident. And in the case of death, the provisional remedial fund d=jmust be paid to the next of the kin within the 30 days of the incident.Offenses under fssai act are mandatory for all to follow.

B. In case of grievous injury or death, an Adjudicating Officer or the Court may –

  1. Order the cancellation of the FSSAI – Food License.
  2. Recall of food from the market.
  3. Forfeiture of establishment and property
  4. Issue prohibition orders (in case of other injuries)

17. Penalty for Contravention of Provisions of FSS Act in case of Import of Food Articles

Anyone importing any sort of food article which breaches the provisions of the Act or its rules and regulations will be liable under  Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) and the Customs Act, 1962 (52 of 1962) be also liable under this Act and shall be proceeded against accordingly.

Also, any such article will be returned to the owner if it is permitted by the competent authority under Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or the Customs Act, 1962 (52 of 1962).

Related Topic: Licenses Required To Open a Cafe in Delhi

Punishable Offenses under FSSAI Food License
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2018-11-02T12:17:25+00:00fssai|Comments Off on Punishable Offenses under FSSAI Food License
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