In 2006, food safety laws came after consolidating the laws related to it, and that law is commonly known as the FSS Act. The full form of this act is the Food Safety and Standards Act of 2006. After the introduction of this law, the food market has become clean, and this is because of the heavy fines, penalties and punishment given under the above-mentioned law. There are many punishable offences under the FSSAI Act, which one must be aware of as a food business owner and the consumer of the food. For both of them, the knowledge of these punishable offences under the FSSAI Act is important in different aspects.
What do you mean by Punishable Offences?
Any act or behaviour that is wrong or prohibited by law will be considered an offence, especially under criminal laws. And under the particular law, if any kind of punishment has been given with respect to such an offence, then those offences will be known as the punishable offences. There are many types of punishable offences under the Indian laws. Some of the examples of punishable offences under the FSSAI Act are given below:
- Selling of unhygienic food products
- Adulteration of food
- Doing food business without an FSSAI License
- Selling of bad quality food in the market
- Misbranded food selling as well as misleading advertisements related to food
What are the punishable offences under the FSSAI Act?
Chapter 9 of the food safety laws talks about the punishable offences and the penalties for the violation of food safety laws in India. Some of the key provisions given in this chapter are mentioned below:
- General provisions with respect to the offences regarding food safety in India.
- General provisions regarding the penalties for those who break the food safety laws of India.
- Penalty for selling such kind of food material that is not of the nature or substance or quality that is expected under the food safety laws
- There is a penalty for dealing with the food which is sub-standard.
- Misbranding of food, as well as misleading advertisements regarding the food, are offences under the food safety laws.
- Finding food containing extraneous matter will be considered an offence under the food laws.
- If one fails to comply with the directions of the food safety officer, then he or she may attract penalties for the same act.
- If it is found that one is processing or manufacturing food material in an unhygienic and unsanitary way, then such food business may attract penalties.
- If any food business is dealing with possessing adulterant food, then his business might be penalised for the same.
- There is a provision under the FSS Act of 2006 that talks about the penalty for those offences that are not mentioned as offences under the food safety laws.
- There are several sections given under the food safety laws that talk about the punishment for unsafe food materials, interfering with the items that are seized, false information regarding the food, obstructing or impersonating a Food Safety Officer, carrying out a business without a proper licence s per the business and any subsequent offences.
- In case of the negligence of the food business owner, if any consumer is injured or dies, then compensation will be given to them.
- Offences that are done or committed by the companies also come under the purview of the FSS Act of 2006
- There are some serious penalties for the contravention or violation of the provisions of the FSS Act during the th=ime of import food business
List of Punishments Prescribed Under FSS Act of 2006
A list of the punishable offences under the FSSAI Act is mentioned below in tabular form, mainly with three headings:
| Section | Details | Punishment |
| Section 50 | Selling food which is not as per the quality that has been demanded under the prescribed food safety laws is one of the punishable offences under the FSSAI Act | Upto Rs. 5 lakhs |
| Section 51 | Selling of sub-standard food materials for human consumption in the market | Upto Rs. 5 lakhs |
| Section 52 | Selling of misbranded food materials for human consumption in the market | Upto Rs. 3 lakhs |
| Section 53 | Misleading advertisements or marketing of the food material include but are not exhausted to false information regarding the food, false information with respect to quality as well as quantity of food, etc. | Upto Rs. 10 lakhs |
| Section 54 | Selling, manufacturing or distribution of any food material that contains extraneous matters | Upto Rs. 1 lakh |
| Section 55 | Not complying with the direction given by the food safety officers to the food business owner | Upto Rs. 2 lakhs |
| Section 56 | Manufacturing or processing unhygienic and unsanitary food materials | Upto Rs. 1 lakh |
| Section 57 | Selling, manufacturing or distribution of any food material that contains adulterants | Upto Rs. 2 lakhs (if adulterants are not injurious to one’s health) and up to Rs 10 lakhs ((if adulterants are injurious to one’s health) |
| Section 58 | Contraventions that are not prescribed anywhere under the food safety laws | Upto Rs. 2 lakhs |
| Section 59 | Selling, manufacturing or distribution of any food material that is unsafe for human consumption | Upto Rs. 1 lakh fine or six months imprisonment (if there is no injury), Upto Rs. 3 lakhs fine or one-year imprisonment (if there is a non-grievous injury), Upto Rs. 5 lakhs fine or six years imprisonment (if there is a grievous injury) and not less than Rs. 10 lakhs fine or up to 7 years imprisonment (if there is death caused due to the injury) |
| Section 60 | In case one is interfering with the seized items | Upto Rs. 2 lakhs fine or six months imprisonment |
| Section 61 | If it is found that false information regarding the food has been circulated by its seller, distributor, manufacturer, retailer, or wholesaler | Upto Rs. 2 lakhs fine or three months imprisonment |
| Section 62 | Obstructing the work of the food safety officer or not following the instructions given by it is one of the punishable offences under the FSSAI Act | Upto Rs. 1 lakh fine or three months imprisonment |
| Section 63 | If it is caught that one is running any kind of food business without obtaining a license for the same from the Food Safety and Standards Authority of India | Upto Rs. 5 lakhs fine or six months imprisonment |
Conclusion
To develop seriousness among the general food business owners with respect to food safety, the FSS Act 2006 came into action. The main purpose of this act is to provide safe and healthy food to the general public. To achieve the objective of the food safety laws, the legislature has prescribed certain punishable offences under the FSSAI Act. The motto behind these punishable offences under the FSSAI Act is to develop fear of the law among the masses so that they will maintain food safety in the market.
If the figures after coming and before this law will be checked it will be quite clear how successfully the objective of this law has been achieved. If you are in the food industry then you must be aware of everything regarding the food safety laws especially the punishments for the violation. This will help you not violate the laws and save your business from heavy penalties which are enough to collapse your business as well as its reputation in the market among competitors and consumers.
