Punishable Offences Under FSSAI: Know the Rules

FSSAI offences can have severe legal consequences for food businesses in India. The Food Safety and Standards Authority of India (FSSAI) plays a vital role in regulating food safety standards and safeguarding public health. As food-related health issues are becoming more prominent, businesses in the food industry must comply with FSSAI regulations to ensure their products are safe. Failing to do so can lead to heavy penalties, including fines, imprisonment, and even suspension or revocation of licenses. This blog will walk you through the punishable offences under FSSAI, how to avoid them, and why legal compliance is essential for your food business in India.

What is FSSAI and Why Does It Matter?

The FSSAI, established under the Ministry of Health and Family Welfare, Government of India, regulates food businesses to ensure safe and hygienic food practices. FSSAI’s core responsibilities include framing food safety regulations, promoting awareness of food safety, and overseeing compliance through its licensing framework. All food business operators—from manufacturers to traders—must comply with the food regulations established by FSSAI. These regulations cover food labeling, hygiene standards, packaging, food imports, and more. Non-compliance with FSSAI can lead to penalties, imprisonment, and suspension or revocation of licenses.

FSSAI Offences: What You Need to Know

FSSAI imposes stringent rules, and violations can have serious consequences. Here are the most common FSSAI offences related to food regulations that food business operators in India should be aware of:

1. Manufacturing or Selling Food Without an FSSAI License

Offence: Selling or manufacturing food products without obtaining an FSSAI license or registration is a punishable offence. FSSAI mandates that all food business operators must obtain a license or registration based on the scale and type of their business.
Penalty: A fine of up to ₹5 lakhs for non-compliance with food regulations and licensing norms.

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2. False Labeling and Misleading Information

Offence: Providing false or misleading information on food labels, such as incorrect expiry dates, nutritional content, or deceptive health claims, is a punishable offence under FSSAI regulations.
Penalty: The fine can go up to ₹5 lakhs, and in severe cases, imprisonment for up to 6 months.

3. Unhygienic Conditions in Food Manufacturing or Processing

Offence: Food businesses must maintain hygiene standards throughout the food processing, handling, and manufacturing stages. Operating in unsanitary conditions or failing to ensure cleanliness in food operations is a direct violation of food regulations.
Penalty: A fine of ₹1 lakh or imprisonment for up to 6 months.
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4. Sale of Substandard Food Products

Offence: Selling food products that do not meet the prescribed quality standards of FSSAI is a significant violation. This includes products with adulteration or contamination, violating the food regulations set by FSSAI.
Penalty: A fine of ₹1 lakh, along with imprisonment for up to 1 year.

5. Food Items Beyond the Expiry Date

Offence: Selling food items that have exceeded their shelf life or expired is against FSSAI food regulations. Strict adherence to the expiry dates of all consumable products is a legal requirement under FSSAI.
Penalty: A fine of ₹2 lakhs or imprisonment for up to 1 year.

6. Unauthorized Food Additives and Contaminants

Offence: Using food additives or chemicals that are not approved by FSSAI or exceeding the permissible limits for food preservatives and additives is a serious violation of food regulations.
Penalty: A fine of ₹5 lakhs, along with the suspension or cancellation of the license.

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7. Importing Non-Compliant Food Products

Offence: Importing food products that do not meet the standards set by FSSAI, such as foods with unauthorized ingredients or lacking proper labelling and documentation, is a violation of food regulations.
Penalty: A fine of ₹10 lakhs and/or imprisonment for up to 3 years.

8. Failure to Maintain Records

Offence: Failing to maintain records of food ingredients, safety checks, and other operational documents as required by FSSAI can result in penalties. Businesses must keep detailed records for auditing purposes as part of adhering to food regulations.
Penalty: A fine of ₹50,000 to ₹1 lakh, with the possibility of suspension of the food business license.
Note: Penalty amounts and regulations are subject to change. Please refer to the latest FSSAI circulars or consult with a legal expert for the most current information.

Why is Legal Compliance Crucial for Your Food Business?

Legal compliance with FSSAI regulations is not only important for avoiding penalties but also for establishing a trustworthy reputation in the market. Non-compliance can damage your business’s credibility and impact customer trust, especially when food safety issues are involved. Below are some reasons why adhering to food regulations and FSSAI rules is crucial for your business:

1. Consumer Protection

The primary goal of FSSAI is to protect consumer health. When businesses comply with food regulations, they contribute to the well-being of their customers by ensuring the quality and safety of the food they sell.

2. Brand Reputation

Maintaining FSSAI standards boosts consumer confidence in your brand. A food business that adheres to legal norms demonstrates its commitment to offering safe and quality products, which enhances brand image and consumer loyalty.

3. Avoiding Financial Loss

Non-compliance can result in hefty fines, penalties, and lawsuits that can severely damage your finances. Businesses can avoid such outcomes by keeping track of food safety standards and acquiring the necessary FSSAI licenses.

4. Expanding Business Opportunities

Obtaining an FSSAI license opens doors to various business opportunities, including partnerships with large retailers, export opportunities, and government contracts. It also ensures that your business complies with food regulations for global expansion.

Steps to Ensure Compliance with FSSAI Regulations

To avoid the punishable offences mentioned above, food businesses must take proactive steps to ensure compliance with food regulations set by FSSAI:

Step 1: Get the Right License or Registration

Ensure that your food business is licensed or registered under FSSAI according to its scale. A license is necessary for medium and large businesses, while small businesses need to register under FSSAI.

Step 2: Maintain Proper Records

Ensure that all operational records, including the receipt of raw materials, food processing data, and hygiene maintenance logs, are properly documented and available for inspection.

Step 3: Train Your Employees

Conduct regular training for employees on food safety standards, hygiene practices, and the proper use of additives, preservatives, and other food-related chemicals.

Step 4: Adhere to Labeling Guidelines

Your food packaging must follow FSSAI’s labeling regulations, including the correct display of ingredients, nutritional information, manufacturing details, and expiry dates.

Step 5: Regular Audits and Inspections

Regularly conduct self-audits or hire a third-party auditor to review your compliance with FSSAI food regulations. This helps identify gaps and ensures ongoing compliance.
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Conclusion

Adhering to FSSAI regulations is essential for any food business in India to operate legally and ensure consumer safety. Understanding the punishable offences under FSSAI and taking steps to comply with the standards will help your business thrive and avoid unnecessary penalties. If you need guidance on obtaining your FSSAI license, ensuring compliance, or avoiding legal violations, Registerkaro is here to help. Contact us for expert support and make sure your food business runs smoothly and safely in the eyes of the law.

FAQs About FSSAI Offences

1. What happens if I don’t get an FSSAI license?

• Failure to obtain an FSSAI license can lead to penalties of up to ₹5 lakhs, along with the possibility of imprisonment.

2. How do I avoid food safety violations?

• Ensure compliance by maintaining hygiene, labeling standards, and acquiring the necessary FSSAI licenses. Regular training and audits can also help.

3. Can I sell expired food?

• No. Selling expired food is a punishable offence under FSSAI. Penalties may include fines and imprisonment.

4. Are there penalties for importing non-compliant food products?

• Yes. Importing non-compliant food products can result in a fine of ₹10 lakhs and imprisonment for up to 3 years.

5. How do I maintain my food business’s compliance with FSSAI?

• Obtain the required licenses, follow food safety protocols, maintain records, and adhere to food labeling standards.