The Food Safety and Standard Authority of India is overseen by the Ministry of Health and Family Welfare. They are held accountable for carrying out the FSS act. This licence guarantees the government that all food processors and manufacturers follow all rules and regulations while conducting business. The FSSAI has created a set of rules and regulations for businesses to follow in order to receive a licence to operate. The Food Safety and Standards Act requires everyone to follow the guidelines.
The FSSAI Act specifies a number of offences and punishments also. Under the FSSAI Act, FSSAI establishes various rules and regulations for food business operators to follow. Furthermore, it is the FSSAI’s job to resolve food-related matters efficiently. In this blog, we will see the various penalties under FSSAI Act for the kinds of offences mentioned under the FSSAI Act.
Punishable Offences Under the FSSAI Act
The penalties under FSSAI Act are usually invoked for the below mentioned offences:
1. Vending or manufacturing food of subpar quality.
2. Misleading representation of food products.
3. Dissemination of deceptive information through advertising.
4. Inclusion of unnecessary additives in food items without appropriate licencing, as conducting a business requires compliance.
5. Neglecting the adherence to prescribed food safety standards and the directives issued by Food Safety Officers.
6. Maintenance of unhygienic conditions within facilities involved in production or processing.
7. Possession of adulterants in contravention of regulations.
8. Dealing with hazardous food products.
9. Dissemination of false information.
10. Obstructing processes involving confiscated items.
11. Hindering a food safety officer’s duty or assuming the identity of such an officer.
12. Imposition of escalated penalties for recurring infractions.
13. Import or export of food products that violate the stipulations outlined in the Food Safety and Standards Act.
These offences are subject to penalties under FSSAI Act, and individuals or entities found guilty may face penalties as prescribed by law to ensure the safety and quality of food products.
Penalties Under FSSAI Act for Offences by Different Forms of Companies
The Food Safety and Standards Authority of India Act provides explicit guidelines regarding penalties for violations committed by various types of companies, including One Person Companies, Private Limited Companies, and Limited Companies.
Collective Guilt and Punishment for Company Offences
If a firm is determined to have committed an infringement under the FSSAI Act, any individuals who held responsibility for or were involved in the management of the company at the time the offence occurred will be held collectively liable. They must face legal proceedings and face the proper legal sanctions.
Responsibility of Branch or Establishment Heads
In cases where a company operates multiple branches, establishments, or units, designated heads of the respective branches or establishments responsible for food safety oversight, as chosen by the company, will bear legal accountability for the conduct of their assigned branch, unit, or establishment.
Penalties Under FSSAI Act for Misbranded and Sub-Standard
If an individual engages in activities such as manufacturing, selling, etc. of the misbranded food intended for human consumption the imposed penalty can extend up to Rs five lakhs.
Corrective Measures for Offences
Individuals found culpable for offences as outlined in this section will receive directives from the Adjudicating Officer’s office. These directives will stipulate the necessary corrective actions to rectify the errors, including the rectification of mistakes in labelling or other relevant aspects. Alternatively, the implicated food materials may be required to be destroyed.
Penalty for Involvement in Sub-Standard Food
Any individual who is directly engaged in the manufacturing, distribution, storage, or import of food materials that do not meet stipulated quality standards for human consumption, either personally or through a representative, will be held accountable. The penalty for such actions can extend up to Rs five lakhs.
Penalties under FSSAI Act for Operating Food Business without Licence
Individuals or Food Business Operators who participate in activities such as selling, distributing etc. of food goods without an FSSAI licence, with the exception of those granted exemption under FSSAI Act will face penalties that may include up to six months in prison and a fine of up to Rs five lakhs.
Penalties under FSSAI Act for Unhygienic Food Processing or Manufacturing
In instances where individuals, either directly or through representatives, process or manufacture food intended for human consumption in unsanitary conditions, penalties will be enforced. The penalties could extend up to Rs one lakh.
Penalties under the FSSAI Act for Food Containing Extrinsic Matter
Individuals who, either directly or through representatives, engage in the manufacturing of food articles containing extraneous matter for human consumption with the intent to sell, store, distribute, or import will face penalties. The penalties could amount to up to Rs one lakh.
Penalties under the FSSAI Act for Selling Food without Meeting Quality Demands
If a person or an FBO sells food to consumers without adhering to the provisions of the FSSAI Act, the prescribed guidelines, or failing to meet the buyer’s requirements for food quality or substance, penalties may be imposed. For such violations, the penalty may not exceed Rs five lakhs.
Additionally, those falling under Section 31, subsection 2, who fail to comply with the provisions, could be subjected to penalties under FSSAI Act not exceeding Rs twenty-five thousand.
Final Thoughts
The penalties under the FSSAI Act serve as important deterrents against various violations within the food industry. From operating without the required licence to compromising hygiene during processing and selling substandard products, these penalties underscore the significance of adhering to safety regulations. The Act ensures accountability for those who jeopardise consumer well-being through non-compliance.
By imposing fines and possible imprisonment, the FSSAI Act aims to foster a culture of responsibility and diligence in the food business sector. Ultimately, these measures strive to protect public health, uphold quality standards, and promote transparency in food-related practices. As a result, the importance of regulating the food industry by the food regulatory authority is of utmost value and the penalties provide another option for FSSAI registration to manage its duties.
For more details on penalties under FSSAI Act, connect with our experts at StartupFino.
