Penalties Under Fssai

Penalties Under Fssai

The Food Safety & Standards Act, 2006 has various sections and provisions to penalize an individual or organization dealing with any food article which may be injurious to health or for various offences/contravention of provisions of the Act, Rules & Regulations of the FSSAI Act.

Any article of food may be injurious to health by means of one or more of the following operations, namely:-

  • adding any article or substance to the food;
  • using any article or substance as an ingredient in the preparation of the food;
  • abstracting any constituents from the food; or
  • subjecting the food to any other process or treatment, with the knowledge that it may be sold or offered for sale or distributed for human consumption.

Various Penalties and Punishments under the Food Safety & Standards Act, 2006

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 Compensation in case of injury or death of consumer (Section 65)

  • If any person whether by himself or by any other person on his behalf, manufactures or distributes or sells or imports any article of food causing injury to the consumer or his death, it shall be lawful for the Adjudicating Officer or as the case may be, the court to direct him to pay compensation to the victim or the legal representative of the victim, a sum-
    1. not less than five lacs rupees in case of death;
    2. not exceeding three lacs rupees in case of grievous injury; and
    3. not exceeding one lacs rupees, in all other cases of injury:
  • The compensation will be paid at the earliest and in no case later than six months from the date of occurrence of the Further, in case of death, an interim relief will be paid to the next of the kin within thirty days of the incident.
  • The Adjudicating Officer or the court may cause the name and place of residence of the person held guilty, the offence and the penalty imposed to be published at the offender’s expense in such newspapers or in such other manner as the Adjudicating Officer or the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and will be recoverable in the same manner as a
  • The Adjudicating Officer or the court may also,

(i) order for cancellation of licence, re-call of food from the market, forfeiture of establishment and property in case of grievous injury or death of consumer;

(ii)  issue prohibition orders in other cases.

 

Offences by Companies (Section 66)

For the purpose of this Section,- (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director” in relation to a firm, means a partner in the firm.

  • When an offence has been committed by a company, 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, is be deemed to be guilty of the offence and will be liable to be proceeded against and punished accordingly
  • Provided that where a company has different establishments or branches or different units in any establishment or branch, the concerned Head or the person in-charge of such establishment, branch, unit nominated by the company as responsible for food safety shall be liable for contravention in respect of such establishment, branch or unit:
  • Provided further that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such
  • Notwithstanding anything contained above, if is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished.