Food safety is imperative and today it has become a global concern. The regulatory authorities...
Unexpected things are bound to come up, so do yourself the favour of checking applicable FSSAI Compliance and another regulatory requirement before you jump in the food business. In this article, we will discuss the penalty under FSSAI due to a violation of FSSAI Act and rules.
FSSAI lays down basic standards for all type of food articles and regulates the various process of food life cycle like manufacturing, warehousing, retail, distribution, transport, re-Packaging and export/ Import to make sure the safety with regards to food to the community at large. FSSAI Registration is mandatory for every food business irrespective of turnover.
For example, if a Food Business Operator (FBO) contravenes with any provision of the FSSAI Act, then what penalties are levied by the FSSAI Dep’t? If any person renders any food product which is injurious to the health of citizen is liable for penalty under FSSAI or imprisonment or both.
Some of the Penalties for different Acts of vendors selling food injuries to health are as follows:
Any person who whether by himself or by any other person on his behalf Manufactures for sales or warehousing or retail sells, imports or export any article of food for human consumption which is substandard shall be rendered liable for a penalty which may extend up to Rs. 5,00,000
Any person who whether by himself or by any other person on his behalf deals with any article of food for human consumption which is misbranded shall be liable to a penalty which may extend to Rs. 3,00,000.
If a person is found guilty of such offence than the Adjudicating Officer may issue a direction of an offence to that person under this section, for taking corrective action to rectify his mistake or such food article shall be destroyed.
Any person who publishes, or is a merely a party to such publication of an advertisement anywhere, which–
(a) Describes any food article falsely; or
(b) Misleads the nature or substance or food quality, he shall be liable to pay a penalty which may extend to Rs. 10,00,000.
Any person whether by himself or by any other person on his behalf deals with food article that contains extraneous matter that person shall be liable to a penalty which may extend to one lakh rupees.
If any persons who fail to follow the directions of a food safety officer or don’t comply with the requirements of the FSSAI Act or the rules or regulations. He shall be liable to a penalty which may extend up to Rs. 2,00,000.
Any person who, whether by himself or by any other person on his behalf, manufactures or processes any article of food for human consumption under unhygienic or unsanitary conditions, he shall be liable to pay a penalty which may extend to Rs. 100,000.
Adulterant in food in common language means addition of alien substance into a food item in order to increase/improve the quantity of the food article in raw form or in the prepared form that results in the loss of actual quality of food items.
So any person indulge in such kind of practice is liable as under–
Any person who, for normal human consumption sells or distributes or manufacture or export or imports by himself or by any other person on his behalf, any food items for human consumption which is not safe, he shall be punishable as,–
NOTE: In the case of death, an interim relief shall be paid within 30 days of the incident taken place.
In such cases A.O. can order for cancellation of license, call of food articles from the market, cancel of the establishment and property in case of serious injury or consumer dies. In other cases, he may also issue prohibition orders as deem fit.
If any person or any food business operator (except the persons who are exempted from licensing). himself or by any person on his behalf who is mandatorily required to obtain license, but the manufacturers, trade, sell, warehousing or distribution of any food article without license, then he shall be punishable with imprisonment for a term which may extend to 6 months and also with a fine which may extend to Rs. 5,00,000.
If a person without reasonable excuse or reason obstructs or attempts to obstruct in verification or also threatens an FSO ( Food safety officer ) in exercising his functions be liable to be punished with imprisonment for a term which may extend to three (3) months along with fine which may extend to Rs.1,00,000.
A person shall be liable to a penalty which may extend to 2 lakh rupees if he contravenes and no penalty for such contravention is specified in the Act.