Offences & Penalties in FSSA, 2006

 

Offences and Penalties in FSSA, 2006

Friends Offences and Penalties are an integral part of the Food Safety And Standard Act (FSSA), 2006. It gives clear directions regarding the various sections under the FSSA, 2006, and their corresponding offences and penalties made thereunder.

The main aim of food authority is to maintain food safety. But due to different problems safety act as focal point. Hence, certain strict limitations are incurred for some of the offences which are nothing but the violation of the act. For such offence Penalty is provided as a punishment.

The various sections which represent the specific area of an offence under the Act, rule or regulations. The various general provision related to offense comes under Section 48, whereas general provision related to penalties comes under section 49. Further, from section number 50 to section 67 are typically situated with a specific offence and their given penalties in a descriptive manner.

Here, the penalty is provided by Adjudicating officer or court to the person engaged in such offenses.

Offences and Penalties:

A.   General Provisions related to Offences: Section 48

“Offences is a violation of the law or illegal activity for which there is the provision of punishment”.

1.   Any person find out any article of food injurious to health by means of following operations.

ü  Adding any article to the food

ü  Using any article as an ingredient in preparation.

ü  Abstracting any article from the food.

2.   In determining whether any food is unsafe or injurious to health like

ü  Information provided to the consumer

ü  Probable toxic effects

ü  Health sensitiveness of a specific category of consumers.

 

B.   General Provisions related to Penalty: Section 49

The Adjudicating Officer or the Tribunal shall concern to the case with respect to the following consideration.

ü  The amount of gain or unfair advantage made as a result of the contravention.

ü  The amount of loss caused or likely to cause to any person as a result of the contravention.

ü  The repetitive nature of the contravention.

ü  Whether the contravention is without his knowledge.

ü  Any other relevant factor. 

Ø  Offences and Penalties under the Food Safety and Standard Act, 2006: It consists of sections 50 to section 67 of the FSSA act, 2006. The total Offences along with penalties are presented by the following table.

Section	Offences	Penalties
50	Selling Food not of the nature or quality demanded	Upto Rs. 2 lakh rupees
51	Manufacturing, selling, storing or importing Substandard Food	Upto Rs. 5 lakh rupees
52	Manufacturing, selling, storing or importing Misbranded Food	Upto Rs. 3 lakh rupees or destruction of food
53	Misleading Advertisement	Upto Rs. 10 lakh rupees
54	Manufacturing, selling, storing or importing of food Contains extraneous Matter	Upto Rs. 1 lakh rupees
55	Failure to comply the directions of Food Safety Officer (FSO)	Upto Rs. 2 lakh rupees
56	Manufacturing or processing of Unhygienic or unsanitary food	Upto Rs.  1 lakh rupees
57	Manufacturing, selling, storing or importing of Adulterant	1. Upto Rs. 2 lakh rupees if adulterant is not injurious to health 2. Upto Rs. 10 lakh rupees if adulterant is injurious to health.
58	Contravention for which no specific penalty is provided	Upto Rs. 2 lakh rupees
59	Manufacturing, selling, storing or importing Unsafe Food	1. Imprisonment upto 6 months and fine upto Rs. 1 lakh rupees if not injurious to health. 2. Imprisonment upto 1 year and fine upto Rs. 3 lakh rupees if injurious to health. 3. Imprisonment upto 6 years or for life and fine upto Rs. 5 lakh rupees if contravention results in death. 4. Imprisonment upto 7 years or for life and fine upto Rs. 10 lakh rupees if contravention results in death.
60	Inferring with seized items	Imprisonment upto 6 months and fine upto Rs. 2 lakh rupees
61	Providing False Information	Imprisonment upto 3 months and fine upto Rs. 2 lakh rupees
62	Obstructing Food Safety Officer (FSO)	Imprisonment upto 3 months and fine upto Rs. 1 lakh rupees
63	Carrying out business without licence	Imprisonment upto 6 months and fine upto Rs. 5 lakh rupees
64	Subsequent Offences	1. Twice the Punishment of first conviction. 2. Fine on daily basis upto Rs. 1 lakh rupees and 3. Cancellation of licence.
65	Injury or Death of consumer	1. Not Less than Rs. 5 lakh rupees in case of death. 2. Upto Rs. 3 lakh rupees in case of grievous injury 3. Upto Rs. 1 lakh rupees in case of Injury. 4. Provided that the compensation shall be paid within six months from the date of occurrence of the incident. Provided further in case of death, an interim relief shall be paid to next kin within 30 days of the incident. 5. The Adjudicating Officer may issue the order of cancellation of licence, Recall of food from market and issue of prohibition orders in other cases.
66	Offences by Companies	1. Where an offence under this Act which 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, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.  2. 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 officers shall also be deemed to be guilty of that offence and shall be liable to have proceeded against and punished accordingly.
67	Import of articles of food to be in addition to penalties provided under any other act	1. Any person who imports any article of food which is in contravention of the FSSA, 2006 and liable under Foreign Trade Act, 1992 and the Custom Act, 1962 be also liable under this act shall proceeded against accordingly. 2. Any such article shall be destroyed or returned, if permitted by Foreign Trade Act, 1992 and the Custom Act, 1962 or any other act accordingly.

Reference Video:

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