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Penalty under Food Laws

Food Safety and Standard laws and prohibitions

Prohibitions & Penalties Under The Food Safety And Standards Act, 2006

Below is a detailed listing of FSSAI penalty and offences as provided under the FSS Act, 2006

Prohibitions Under The Food Safety And Standards Act, 2006

The prohibitions under the Food Safety and Standards Act, 2006 are:

No person shall manufacture, store, sell or distribute:

  • any adulterated food,
  • any misbranded food,
  • food articles to be sold under licence without fulfilling the conditions of the licence,
  • any food article the sale of which is prohibited by the Food (Health) Authority in the interest of public health,
  • any food article in contravention of any other provision of the Act or the Rules, (see ‘Conditions for Sale’)
  • any adulterant.
  • The package, label or the advertisement of edible oils and fats shall not use the expressions Super-Refined, Extra-Refined, Micro-Refined, Double-Refined, Ultra-Refined, Anti-Cholesterol, Cholesterol Fighter, Soothing to Heart, Cholesterol Friendly, Saturated Fat Free or such other expressions which are exaggerations of the quality of the product.
  • Prohibition on Sale of Certain Admixtures
  • Prohibition on Use of Acetylene Gasp
  • Prohibition on Sale of Food Articles Coated with Mineral Oil
  • Prohibition on Sale of Admixtures of Ghee or Butter

FSSAI Penalty Under The Food Safety And Standards Act, 2006 In India

FSSAI Penalty Structure

The penalties under the Food Safety and Standards Act, 2006 are:

Penalty Under Food Laws
SectionProvisionPenalty
50Penalty for selling food not of the nature or substance or quality demanded.not exceeding five lakh rupees
51Penalty for sub-standard foodmay extend to five lakh rupees
52Penalty for misbranded foodmay extend to three lakh rupees
53Penalty for misleading advertisementmay extend to ten lakh rupees
54Penalty for food containing extraneous mattermay extend to one lakh rupees
55Penalty for failure to comply with the directions of Food Safety Officermay extend to two lakh rupees
56Penalty for unhygienic or unsanitary processing or manufacturing of foodmay extend to one lakh rupees
57Penalty for possessing adulterantnot exceeding two lakh rupees a where such adulterant is not injurious to health. Where such adulterant is injurious to health it shall be penalty not exceeding ten lakh rupees
58Penalty for contraventions for which no specific penalty is provided.which may extend to two lakh rupees

Punishment for Food Adulteration in India

The FSS Act also prescribes FSSAI punishment for possession of food adulterant and provides that if any person who imports or manufactures for sale, or stores, sells or distribute any adulterant shall be liable –

  • to a penalty not exceeding two lakhs rupees- where such adulterant is not injurious to health
  • (ii) to a penalty not exceeding ten lakhs rupees- where such adulterant is injurious to health

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