Analysis of Offences and Penalties under FSS Act, 2006

The Food Safety and Standard Act, 2006 (FSSA, 2006) is an Act which endeavor to keep with changing needs/ requirement of time and to consolidate the existing laws relating to food and to establish the pioneer body, Food Safety and Standard Authority of India in order to regulate the food industry in India.

The Act was needed to bring out a single statutory body for food laws, standard setting and enforcement. It eradicate the confusion in the minds of manufactures, traders, distributors, importers and consumers on handling body and laws for matters pertaining to food.

To ensure quality and safe food to the consumer and to regulate food business in India, various standards, provisions and regulations has been set up.

The foremost monetary penalties and punishment for offences conducted under various provisions of the FSSA, 2006 is listed below:

I. PENALTIES

Section(s)	Type of Offence(s)	Who is Penalised	Penalty may extend up to:
50	Penalty for selling food not of the nature or substance or quality demanded	the Seller	Rs. 5 lakh
		the persons covered Section 31 (2) [e.g. petty manufacturer, petty retailer, hawker, small scale or cottage industry etc.]	Rs. 25000
51	Penalty for sub-standard food	any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distribute or imports any article of food for human consumption which is sub-standard	Rs. 5 lakh
52	Penalty for misbranded food	any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distribute or imports any article of food for human consumption which is misbranded	Rs. 3 lakh
53	Penalty for misleading advertisement	any person who publishes, or is a party to the publication of a misleading advertisement	Rs. 10 lakh
54	Penalty for food containing extraneous matter	On any person who whether by himself or by any other person on his behalf manufacturers for sale or stores or sells or distribute or imports any article of food for human consumption containing extraneous matter	Rs. 1 lakh
55	Penalty for failure to comply with the directions of Food Safety Officer	On Food business operator or importer	Rs. 2 lakh
56	Penalty for unhygienic or unsanitary processing or manufacturing of food	any person who whether by himself or by any other person on his behalf manufacturers or processes any article of food for human consumption under unhygienic or unsanitary conditions	Rs. 1 lakh
57	Penalty for possessing adulterant	manufacture, sales, distribution or import of any adulterant-
		-Where such adulterant is not injurious to health	Rs. 2 lakh
		-Where such adulterant is injurious to health	Rs. 10 lakh
58	Penalty for contraventions for which no specific penalty is provided	–	Rs. 2 lakh

II. PUNISHMENT

SECTION(S)	TYPE OF PUNISHMENT	PARTICULARS	IMPRISONMENT/FINE WHICH MAY EXTEND TO:
59	Punishment for unsafe food	Such unsafe food:-
		does not result in injury	6 Months and Rs 1 lakh
		results in non-grievous injury	1 year and Rs. 3 lakh
		results in grievous injury	6 Years and Rs. 5 Lakh
		results in death	Imprisonment shall not less than 7 years but extended up to lifetime and fine shall not be less than Rs. 10 lakh
60	Punishment for interfering with seized item	Interference, if done without permission of Food Safety Officer	6 Months and Rs. 2 lakh
61	Punishment for false information	Provide any information or produce any document knowing it to be false/misleading	3 Months and Rs. 2 lakh
62	Punishment for obstructing or impersonating a Food Safety Officer		3 Months and Rs. 1 lakh
63	Punishment for carrying out a business without license	a person who is required to obtain license under the Act	6 Months and Rs. 5 lakh
64	Punishment for subsequent offences	If any person, after having been previously convicted of an offence under this Act subsequently commits and is convicted of the same offence	§ Twice the punishment which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence § If offence is continuing -Further, Daily fine which may extend up to Rs. 1 lakh § License shall be cancelled
65	Compensation in case of injury or death of consumer	any person who whether by himself or by any other person on his behalf manufacturers or distributes or sells or imports any article of food for causing injury or death of the Consumer	§ Rs. 5 lakh in case of death § Rs. 3 lakh in case of grievous injury § Rs. 1 lakh, in all other cases of injury
67	Penalty for contravention of provision of this Act in case of import of articles of food to be in addition to penalties provided under any other Act		In addition to FSS Act, 2006 may also be Liable under provisions of Foreign Trade (Development and Regulation) Act, 1992 and the Customs Act, 1962

Important Note:
III. OFFENCE BY COMPANIES:

Every person who at the time the offence was committed was in-charge of, and was responsible to, the company for the conduct of the business of the company, as well as the Company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly for an offence under this Act.

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