FSSAI Penalty and Offences for Non-Compliance under FSSAI Act.

 

The Food Safety and Standards Act, 2006, enacted by the Indian Government, aims to uphold food safety across the country and establish uniform standards for food products. It mandates that individuals engaged in food-related businesses in India must obtain an FSSAI license. This ensures that only registered individuals, duly verified by the relevant authorities, are allowed to manufacture, store, distribute, or sell food products within the country.

To enforce compliance with FSSAI guidelines, the Act includes various penal provisions to address violations. It outlines specific penalties for offences such as food adulteration, selling substandard food, and other related violations. Understanding these penalties and how to avoid them is crucial for ensuring compliance with the FSSAI Act.

Minor offenses

Fines of up to 1 lakh rupees may be imposed for problems such as food containing foreign substances, unhygienic processing practices, or deceptive advertising.

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Grievous injury or death

Non-compliance that leads to serious injury or death can result in imprisonment of up to 6 years and a fine of up to ₹5 lakh.

Let’s explore about it in detail.

Key offences and penalties under FSSAI act

 Penalty for Substandard Food (Section 51)
If any food product does not meet the prescribed standards but is not unsafe, a penalty of up to ₹5 lakh may be imposed on the food business operator. The fine may extend to ₹25,000, for petty manufacturers.

 Penalty for Misbranded Food (Section 52)
If a food product is falsely branded or misleading in its labelling or advertising, the offender can face a penalty of up to ₹3 lakh.

 Penalty for Misleading Advertisements (Section 53)
Any person engaged in false or deceptive advertisements related to the quality, nature, or substance of the food product may be fined up to ₹10 lakh.

 Penalty for Unsafe Food (Section 54)
Selling or manufacturing food that is unsafe for human consumption can result in hefty penalties:

• For injury not resulting in death: Penalty up to ₹5 lakh.
• For grievous injury: Penalty up to ₹10 lakh.

·         In the event of a death, the penalty includes imprisonment for at least 7 years, which may extend to life imprisonment, as well as a fine of no less than ₹10 lakh.

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Penalty for Food Adulteration (Section 57)
For cases involving food adulteration that threatens consumer health, penalties may include imprisonment for up to 6 months or a fine of up to ₹1 lakh, depending on the extent of the adulteration.

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 Penalty for Failure to Comply with Food Safety Officer’s Directions (Section 55)
Any individual or business that fails to comply with the directions issued by a Food Safety Officer may face a fine up to ₹2 lakh.

Penalty for Unhygienic or Unsanitary Processing (Section 56):

A food business operator found processing or handling food in unhygienic or unsanitary conditions may face a fine of up to ₹1 lakh.

 Penalty for Non-Compliance with Licensing Requirements
Operating a food business without an FSSAI license or registration is considered a serious violation. Offenders may face penalties that range from fines of up to ₹5 lakh, depending on the nature of the violation.

 Penalty for Obstructing or Impersonating a Food Safety Officer (Section 61)
If any individual obstructs, impersonates, or prevents a food safety officer from performing their duty, they may face imprisonment of up to 3 months and a fine up to ₹1 lakh.

 Penalty for Sale of Food Prohibited Under the Act (Section 58)
If a person sells, imports, or stores any food item that has been prohibited under the FSSAI Act or declared unsafe, they may be penalized with imprisonment of up to (26 weeks)6 months and a fine up to ₹5 lakh.

How does FSSAI penalties impact food business?

The FSSAI Act enforces strict penalties for anyone committing the offences mentioned above. Since food directly affects a person's health, it is vital for food business operators to remain vigilant when delivering food products to consumers. Customers have the right to file FSSAI complaints if the food quality does not meet the required standards. The stringent penalties in place ensure that food business operators exercise proper care and avoid any negligence that could harm their customers' health.

How to avoid FSSAI offences and non-compliance?

Avoiding FSSAI offences and the consequences of non-compliance is not a difficult task. By following the necessary regulations, obtaining the appropriate FSSAI registration and approvals, and consistently providing quality food products, one can easily steer clear of legal action under the FSSAI Act. Ensuring hygiene, exercising caution, and maintaining high food quality standards not only help avoid legal repercussions but also build customer trust. For more details contact, Solubilis.