Legal Ramifications of Food Safety Violations: FSSAI Penalties

FSSAI: What is it?

The FSSAI stands for Food Safety and Standards Authority of India. Established under the Ministry of Health and Family Welfare of the Indian government, it is an independent agency. It is covered under the Food Safety and Standards Authority Act, 2006, which includes all Indian laws relating to food safety and regulation. In addition to ensuring that food is produced, distributed, and sold across the country in compliance with the act’s regulations, the FSSAI is responsible for ensuring that food safety and standards are maintained and that any food-related concerns are addressed. They also take specific actions to enhance public health.

Adherence to the FSSAI

Under the Food Safety and Standards Act, 2006, the legal working body is established as the basic legislation that encompasses all rules relevant to food goods. The goals of FSSAI are: 

1. Maintaining food’s basic security.
2. Creating scientifically based standards for food products and
3. Regulating the importation, distribution, storage, and manufacturing of food.

The Food Safety and Standards Act (FSS) compiles all of the antiquated regulations, rules, and standards relating to food safety. The FSS Act incorporated the following seven previous acts:

1. The Prevention of Food Adulteration Act of 1954
2. The Fruit Products Order of 1955 
3. Order for the Control of Vegetable Oil Products, 1947
4. Order of 1967 for Solvent Extracted Oil, De-Oiled Meal, and Edible Flour (Control) 
5. Regulation of Meat Products, 1973 
6. Packaging of Edible Oils (Regulation) Order 1988
7. Order on Milk and Milk Products, 1992.

Anybody who attempts to violate these rules, whether they are selling, distributing, starting a company, or running a store, will face penalties, the FSSAI said. 

Click here for- FSSAI license

FSSAI penalties for Non-Compliance

Every industry is required to follow the guidelines established by the appropriate authorities and government. The food industry is one such industry that needs to comply since it poses a danger to human health. The penalties under chapter 9 of the legislation are as follows:

According to Section 48, one of the main prohibitions relevant to offenses under the Food Safety and Standards Act, 2006, is the addition, use, abstraction, or application of any object or substance to food that could be hazardous to health.

Section 49: The arbitrator must consider several elements before deciding on the proper punishment amount, according to the act’s fundamental provisions regulating penalties. Here are a few of these points: 

1. If quantifiable, the assessment of the profit or illegal advantage gained as a result of the breach
2. The frequent occurrence of the violation or infringement
3. The extent of the harm caused by the infraction
4. If he is cognisant of the infraction
5. or a justifiable reason.

Section 50: A supplier of food who fails to satisfy the buyer’s criteria for quantity, quality, kind, or content may be fined up to five lakh rupees under Chapter 9 of the Food Safety and Standards Act of 2006. 

Section 51: Chapter 9 of the Food Safety and Standards Act of 2006 stipulates that anybody who sells, stores, distributes, or imports any inferior food item (directly or via third parties) risks a punishment of up to five lakh rupees.

Section 52: Chapter 9 of the Food Safety and Standards Act, 2006, stipulates that anybody who sells, stores, distributes, or imports any food item that is misbranded risks a fine of up to three lakh rupees, whether directly or via third parties. If a person is determined to have violated the act, the adjudicating official must take corrective measures to improve their conduct; if they don’t, the food item will be destroyed.

Section 53: As per Chapter 9 of the Food Safety and Standards Act of 2006, a fine of up to ten lakh rupees can be imposed on anyone who publishes or contributes to a publication that promotes food that is misrepresented, has the potential to mislead or deceive people about the nature, substance, or quality of any food, or makes an untruthful guarantee.

Section 54: Under Chapter 9 of the Food Safety and Standards Act, 2006, anybody in the direct or indirect sale, storage, distribution, or importation of any food item containing extraneous material risks a fine of up to one lakh rupees.

Section 55: A food safety officer may punish an importer or operator of a food company up to two lakh rupees for violating the Food Safety and Standards Act, 2006’s chapter 9 standards without a good explanation.

Section 61: In accordance with Chapter 9 of the Food Safety and Standards Act, 2006, anybody who gives false, misleading, or incorrect information as required by this act may be fined up to two lakh rupees and imprisoned for up to three months.

Section 62: According to Chapter 9 of the Food Safety and Standards Act, 2006, anyone who tries to or actually does threaten, excuse, resist, obstruct, intimidate, or assault the Food Safety Officer while he is performing his checks or inspection hours faces a maximum sentence of three months in prison and a fine of one lakh rupees.

Section 63: Any individual or food business operator who manufactures, sells, stores, distributes or imports any food item without a license faces up to six months in prison and a fine of up to five lakh rupees, as prescribed by Chapter 9 of the Food Safety and Standards Act, 2006, whether acting alone or with the help of others on their behalf.

FSSAI Penalties

A food business’s obligations do not cease when it receives a license or registration from the FSSAI. All firms are required to follow a set of compliance rules specified by the FSSAI. Non-compliance or poor compliance can lead to fines, jail time, and the cancellation of an FSSAI license or registration for officials and business owners.

A comprehensive list of violations that might lead to sanctions for a food business under the FSSAI Act is provided below:

• Selling food that does not satisfy the client’s standards for nature, substance, or quality: A maximum fine of Rs. 5 lakhs will be imposed on him. The penalty amount will not be more than Rs. 25,000 if the firm is covered under Subsection 2 of the Act.
• Serving subpar food: A punishment of up to Rs. 5 lacs can be imposed on anybody who produces, imports, distributes, or keeps food that is deemed subpar and hence unfit for human consumption.
• Selling improperly labeled food: Anyone who makes, imports, distributes, or stores food that is thought to be misbranded for sale faces a fine of up to Rs. 3 lakhs. The adjudicating authority will also order the immediate destruction of any such food supplies.
• Food that has inappropriate ingredients: Food items that include components that make them inappropriate for human consumption are said to contain unsuitable materials. Anyone who manufactures, imports, distributes, or stores food for sale improperly faces a punishment of up to Rs. 1 lakh.
• Having a food business without a permit or registration with the FSSAI: The food company’s owner might be fined up to Rs. 5 lakhs and imprisoned for up to six months.
• Unhygienic and dirty circumstances during food manufacturing or processing: A food business owner and any staff working with him might be punished up to Rs. 1 lakh in such cases.
• Possession of food adulterants: If an employee or owner of a food firm produces, stores, or distributes food adulterants, they might be fined up to Rs. 2 lakhs. There are no health hazards associated with the adulterant in this situation. However, in the event that the adulterant poses a health risk, the penalties might amount to Rs. 10 lakhs.
• FSSAI Act Violations: A food business owner and any workers working for him may be punished up to Rs. 2 lakhs in some circumstances.
• Hazardous food: If the proprietor of a food firm or someone working on his behalf manufactures, stores, or distributes hazardous food, they might face a fine of up to Rs. 1 lakh and a jail term of up to six months, assuming the adulterant does not cause any damage. Nevertheless, if the tainted food results in non-grievous injuries, the penalties might amount to Rs. 3 lakhs and a year in jail. If the tainted food causes significant injury, however, the penalty can reach Rs. 5 lakhs and include a maximum 6-year jail sentence. Should the tainted food item cause death after consumption, a fine of up to Rs. 10 lakhs and a maximum penalty of seven years in jail may be applied.

In severe circumstances, other repercussions might include:

• Termination of a license or registration with the FSSAI
• Keeping in mind the food that distributors, merchants, and wholesalers offered
• Sealing and confiscation of business property

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