FSSAI penalties range from ₹25,000 for certain petty food business operators to ₹10 lakh for serious violations. In cases involving unsafe food that causes death, the law can also impose life imprisonment. The Food Safety and Standards Act, 2006, specifies the penalty for each offence.
However, FSSAI penalties do not all follow the same process. Most violations attract monetary penalties imposed by an Adjudicating Officer, while only specific offences carry imprisonment and require criminal prosecution.
Key Takeaways
- The Food Safety and Standards Act, 2006 sets out FSSAI penalties. Adjudicating Officers impose most civil penalties, while criminal offences go before the courts.
- FSSAI penalties range from ₹25,000 for certain petty food business offences to ₹10 lakh for serious civil violations.
- Only specific offences attract imprisonment, including operating without a license and selling or manufacturing unsafe food.
- Unsafe food attracts some of the strictest penalties. Depending on the harm caused, the fine can reach ₹10 lakh, with imprisonment ranging from six months to life imprisonment where the offence causes death.
- Common penalties include up to ₹5 lakh for substandard food, ₹3 lakh for misbranded food, ₹10 lakh for misleading advertisements, and ₹1 lakh for unhygienic or unsanitary processing.
FSSAI Offences and Penalties: Section-Wise
The table below outlines the key FSSAI offences, the relevant sections of the Act, and the maximum penalties that may apply.
| Section | Offence | Penalty |
|---|---|---|
| Section 50 | Selling food that does not meet the demanded nature, substance, or quality | Up to ₹5 lakh; petty FBOs: up to ₹25,000 |
| Section 51 | Selling or manufacturing substandard food | Up to ₹5 lakh |
| Section 52 | Misbranded food | Up to ₹3 lakh |
| Section 53 | Misleading advertisements or false claims | Up to ₹10 lakh |
| Section 54 | Food containing extraneous matter | Up to ₹1 lakh |
| Section 55 | Failure to comply with a Food Safety Officer’s directions | Up to ₹2 lakh |
| Section 56 | Unhygienic or unsanitary processing or manufacturing | Up to ₹1 lakh |
| Section 58 | General contravention where no specific penalty applies | Up to ₹2 lakh |
| Section 63 | Operating a food business without a required license | Up to ₹5 lakh and imprisonment up to 6 months |
Section 59 of the Food Safety and Standards Act, 2006: Penalties for Unsafe Food
Section 59 imposes some of the strictest penalties under the Food Safety and Standards Act, 2006. The punishment increases with the severity of the harm caused by the unsafe food:
- No injury: Imprisonment up to 6 months and a fine up to ₹1 lakh.
- Non-grievous injury: Imprisonment up to 1 year and a fine up to ₹3 lakh.
- Grievous injury: Imprisonment up to 6 years and a fine up to ₹5 lakh.
- Death: Imprisonment for at least 7 years, which may extend to life imprisonment, and a fine of at least ₹10 lakh.
How FSSAI Penalties Work?
FSSAI enforcement follows a defined process, with the authority, penalty, and appeal route depending on the nature of the violation:
- Most violations attract monetary penalties: An Adjudicating Officer handles most civil offences under the Food Safety and Standards Act, 2006.
- Adjudicating Officers impose penalties: The officer must generally hold a rank not below that of an Additional District Magistrate.
- Serious offences can lead to imprisonment: Offences such as operating without a license or dealing with unsafe food can result in criminal prosecution and imprisonment.
- Businesses can appeal penalties: A food business operator can appeal an Adjudicating Officer’s order before the Food Safety Appellate Tribunal and, where permitted, approach the High Court.
- Petty food businesses receive lower penalty limits: The Act sets a maximum penalty of ₹25,000 for certain violations by petty food business operators, such as selling substandard food under Section 50.
How to Avoid FSSAI Penalties?
Follow these tips to reduce the risk of FSSAI penalties:
- Obtain the correct license: Choose the FSSAI registration applicable to your business activity and scale, and renew it before expiry.
- Follow labelling requirements: Provide accurate expiry or best-before dates, nutritional information, ingredient details, and other mandatory declarations. Avoid false or misleading claims.
- Maintain hygienic premises: Keep manufacturing, processing, storage, and handling areas clean and follow applicable FSSAI hygiene and sanitation requirements.
- Train food handlers: Train employees on personal hygiene, safe food handling, sanitation, storage, and contamination prevention.
- Conduct regular internal checks: Review your processes and records regularly to identify and correct compliance gaps before an FSSAI inspection or enforcement action.
