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:

https://www.youtube.com/channel/UCDul7uf7pcbM_kWCEaA9WvA

Food Laboratories in India | FSSAI Notified Laboratories

Food Laboratories in India |

FSSAI Notified Laboratories

Food laboratory means any food laboratory or institute or organization posses the following three parameters.

1. Established by the Central or a State Government or any other agency

2. It should be Accredited by NABL (National Accreditation Board for Testing & Calibration Laboratories) or an equivalent accreditation agency and

3. Recognized by the Food Authority under section 43 of the FSSA, 2006.

Section 43 of the Food Safety and Standard Act, 2006 includes Recognition and Accreditation of Laboratory, Research Institutions, and Referral Food Laboratories.

Food laboratories have many distinct stated responsibilities to assess the physic-chemical and calorific content for any article of food.  

Food testing and analysis is a vital part of the food safety compliance system to ensure food safety for consumption. FSSAI has nearly 300 plus food laboratories under their arena. Total food laboratories are nearly 600 plus and out of which 75% are accredited. There may chances that overlapping of some laboratories with more categories like two national food labs are also Referral Food Laboratories.

With concern to same FSSAI recognizes NABL (National Accreditation Board for Testing and Calibration Laboratories) accredited food laboratories under section number 43 of the FSSA Act, 2006. Here, we discuss different food laboratories under the purview of FSSAI.

We can categorize the food laboratories in the following way.

1)   National Food Laboratories

2)   Primary Food Laboratories

3)   Referral Food Laboratories

4)   National Reference Laboratories

5)   State or Public Food Laboratories

6)   Other Laboratories

1. National Food Laboratories:

FSSAI has two laboratories has its own. These two are referral laboratories and are being renamed as:

          1. National Food laboratory, Ghaziabad (NFL)

          2. National or Central Food Laboratory, Kolkata (CFLK)

2. Primary Food Laboratories:

The Apex Food Authority notifies food Laboratories and various research institutes accredited by National Accreditation Agency for carrying out analysis of samples. Hence, generally preferred for analysis of sample as prescribed in section 47 of FSSA, 2006.

Presently there are 187 Primary Food Laboratories. It typically includes the validity of their NABL accreditation, the scope of testing, contact details, etc in Annexure I. FSSAI recognized and notifies NABL accredited food laboratories under Section 43 (1) of the FSS Act, 2006.

3. Referral Food Laboratories (RFL): 

The main purpose is to carry out an analysis of appealed samples. It clearly means that it is useful when FBO is not satisfied by the test results then according to his written request the sample collected by Food Safety Officer; send to referral food Laboratories. The decision made here is likely to be the final verdict.

There are currently 19 Referral Food Laboratories. FSSAI notified Referral Laboratories under Section 43 (2) of FSSA, 2006. Following is the list of referral Laboratories.

No.	Name of Laboratories
1.	Central Food Laboratory, 3 Kyd Street, Kolkata- 700016
2.	Food Safety & Analytical Quality Control Laboratory, C/o Central Food Technological Research Institute, Mysore-570013
3.	State Public Health Laboratory, Stavely Road, Cantonment Water Works Compound, Pune-411001
4.	National Food Laboratory, Ahinsa Khand-II, Indirapuram Ghaziabad-201014
5.	Indian Institute of Horticultural Research, Hessaraghatta lake post, Bangalore-560089
6.	Quality Evaluation Laboratory, Spices Board, Palarivattom P.O. Kochi-682025
7.	Quality Evaluation Laboratory, Spices Board, Chuttugunta Center, GT Road, Guntur-522004
8.	Quality Evaluation Laboratory, Spices Board, Plot No. R-11, Sipcot Industrial Complex, Gummidipoondi, Thiruvallur Dt., Chennai-601201
9.	Quality Evaluation Laboratory, Spices Board, First Floor, Banking complex II, Sector 19A, Vashi, Navi Mumbai-400703
10.	Centre for Analysis and Learning in Livestock in Food (CALF), National Dairy Development Board (NDDB), Anand-388001, Gujarat
11.	CSIR-Indian Institute of Chemical Technology, Uppal Road, Tarnaka, Hyderabad - 500007
12.	National Research Centre on Meat, Chengicherla, Buduppal, Hyderabad – 500092
13.	Indian Institute of Food Processing Technology, Food Safety and Quality Testing Laboratory, Pudukkottai Road, Thanjavur – 613005, Tamil Nadu
14.	ICAR- Central Institute of Fisheries Technology, Indian Council of Agricultural Research, Willingdon Island, CIFT Junction, Matsyapuri P.O., Cochin – 682029, Kerala
15.	ICAR-National Research Centre for Grapes, P.O. Manjiri Farm, Solapur Road, Pune - 412307
16.	Pesticide Formulation and Residue Analytical Centre, National Institute of Plant Health Management, Rajendranagar, Hyderabad - 500030
17.	Punjab Biotechnology Incubator, Mohali SCO7 & 8, Phase‐5, SAS Nagar, Mohali -160059, Punjab
18.	CSIR-Indian Institute of Toxicology Research, Vishvigyan Bhawan, 31, Mahatma Gandhi Marg, Lucknow - 226 001, Uttar Pradesh, India
19.	Auriga Research Limited, Baddi , Auriga Research Limited, Baddi

4. National Reference Laboratories (NRL):

FSSAI has recognized NRL to set up a countrywide standards for routine methods, development of the new method, and ensuring proficiency in testing across the food labs.

NRL is recognized by FSSAI under Regulations 3 of the Food Safety and Standards (Recognition and Notification of Laboratories) Regulations, 2018 for specific areas mentioned against each NRL for a period of three years from 08/08/2019.

Currently, there are 12 NRL and 02 ANRL (Ancillary National Reference Laboratory).

No.	Name of Organization / Laboratory / Institution	Address	Specific Areas as NRL
1)	Central Food Technological Research Institute	FS & AQCL Dept, CFTRI, Mysore 570020	Nutritional Information and Labelling
2)	Export Inspection Agency	27/1767 A, Shipyard Quarters Road, Panampilly Nagar (South), Kochi, Kerala 682036	GMO Testing
3)	Punjab Biotechnology Incubator	SCO 7-8,phase-V, SAS Nagar, Mohali, Punjab 160059	Sweets and Confectionary Including Honey
4)	ICAR – National Research Centre for Grapes	P.O. Majiri Farm, Solapur Road, Pune 412307	Pesticides Residues and Mycotoxins
5)	Central Institute of Fisheries Technology	CIFT Junction, Willingdon Island matsyapuri, P.O. Kochi 682029	Fish and Fish Products
6)	Central Institute and Learning in Livestock and Food NDDB	Opp. IRMA Main Gate, Near Anandalaya School, Anand 388001	Dairy and Dairy Products
7)	CSIR-Indian Institute of Toxicology Research	Vishvigyan Bhawan, 31, Mahatma Gandhi Marg, Lucknow, Uttar Pradesh 226001	Toxicological Evaluation, risk assessment of Nutraceuticals, functional foods, and novel or emerging foods
8)	Trilogy Analytical Laboratory Pvt Ltd.	Plot No.7, C.F. Area, Phase-II IDA Cherlapally, Hyderabad 500051	Mycotoxins in cereals & pulses, spices, and condiments
9)	Edward Food Research & Analytical Centre Limited	Subhas Nagar, Barasat P.O. Nilgunj Bazar, Kolkata 700121	Veterinary drug residues, antibiotics & hormones
10)	Vimta Labs Limited	Life Sciences Campus, 5, MN Park, Genome Valley, Shmeerpet, Hyderabad 500101	Water, Alcoholic and Non-Alcoholic Beverages
11)	Fare Labs Pvt Ltd.	I-17/3, DLF, Ph-II, IFFCO Chowk, M.G. Road, Gurugram 122002	Oils and Fats
12)	Neogen Food & Animal Security (India) Pvt Limited	Uchikkal Lane, Poonithura, P.O. Kochi 682038	Food Allergens

 Ancillary National Reference Laboratory (ANRL):

No.	Name of Organization or Institution	Address	Specific Area as ANRL
13)	Export Inspection Agency, EIA, Chennai	6th Floor, CMIDA Tower II, Gandhi Irwin Road, Egmore, Chennai 600008	Support Facility as PTP in microbiological testing
14)	Export Inspection Agency, EIA, Kolkata	101, Southend Conclave, 1582, Rajdanga Main Road, Kolkata 700107	Support Facility as PTP the area of heavy metals in all food categories.

Functions of NRL:

1)    Act as a resource center for the provision of information

2)    Develop standards for routine testing procedure.

3)    Develop technical support in the area of competence.

4)    Coordinate exchange of information among notified food laboratories & RFL.

Functions of ANRL:

1)    Act as a Proficiency Testing provider in the specific area assigned.

2)    Assist NRL in method validation or inter-laboratory comparison as and when requested by NRL and/or FSSAI.

5. State or Public Food Laboratories:

These are recognized by FSSAI to do the necessary task for the particular state. Currently, there are 72 state food laboratories.

LIST OF STATE/PUBLIC FOOD LABORATORIES

No.	State/UT	Laboratory Address
1.	Andaman & Nicobar Island	State Food Laboratory, G.B. Pant Hospital Campus, Andaman & Nicobar Islands, Port Blair – 744103
2.	Andhra Pradesh	State Food Laboratory, Nacharam Industrial Area, Hyderabad – 501507
3.	Andhra Pradesh	Regional Public Health Laboratory, Govt Hospital Complex, Pedda Waltair, Visakhapatnam - 530017
4.	Assam	State Public Health Laboratory, Bamuni Maidam, Guwahati 21, Assam
5.	Bihar	Combined Food & Drugs Laboratory, Agamkuan, Patna- 800 007
6.	Chhattisgarh	State Food Testing Laboratory, Near Mahila Police Station, Opp. Nagar Nigam Office, Kalibari, Raipur
7.	Delhi	Combined Food & Drugs Laboratory, Directorate of PFA, NCT of Delhi, A-20, Lawrence Road, Industrial Area, Delhi- 110035
8.	Jharkhand	State Food & Drug Laboratory, Namkum, Ranchi Tata Road, Ranchi – 834010
9.	Goa	Food and Drug Laboratory, Directorate of Food & Drugs Admn. DHANWANTARI, Opp, the Shrine of Holy Cross, Bambolim – Goa – 403202
10.	Gujarat	Public Health Laboratory, Urban Health Centre Bldg, Nr. Lal Bungalow, C.G. Road, Navarangpura, Ahmedabad 380009
11.	Gujarat	Food and Drugs Laboratory, Near Polytechnic College, Nizampura, Vadodara – 390 002
12.	Gujarat	Public Health Laboratory, Municipal Corporation, Laheripura Road, Vadodara - 390 001
13.	Gujarat	Regional Food Laboratory, New Lotus Ring Road, Nr. Mahakali Temple, Opp. District Panchayat Staff Quarters, Bhuj, Kutch - 370001
14.	Gujarat	Regional Food Laboratory, University Road, Nr. Forensic Lab, Opp. Kidney Hospital, Rajkot, Gujarat - 360005
15.	Gujarat	Public Health Laboratory, Surat Municipal Corporation, 304, Ambedkar Shopping Centre, Mann Darwaza, Ring Road, Surat – 395003
16.	Haryana	District Food Laboratory, Civil Hospital, Karnal – 132001
17.	Haryana	State Food, Water and Excise Laboratory, Govt. of Haryana, Ground Floor, Sector – 11 D, Chandigarh
18.	Himachal Pradesh	Composite Testing Laboratory, Kandaghat, Distt. Solan, Himachal Pradesh
19.	Jammu & Kashmir	Public Health Laboratory, Patoli Mangotrian, Jammu
20.	Jammu & Kashmir	Public Health Laboratory, Nr. CD Hospital, Dalgate, Srinagar
21.	Karnataka	State Water and Food Laboratory, Public Health Institute, Sheshadri Road, Bangalore- 560 001
22.	Karnataka	Bruhat Bangalore Mahanagara Palike Laboratory, Dasappa Hospital Compound, N R Circle, Silver Jubilee Park Road, Bangalore - 560002
23.	Karnataka	Divisional Food Laboratory, Umar Khayam Road, Tilak Nagar, Mysore- 570001
24.	Karnataka	Corporation Laboratory, Corporation of the city of Mysore, Corporation office Building, Mysore
25.	Kerala	Regional Analytical Laboratory, Kakkanand, P.O. Ernakulam, Kochi
26.	Kerala	Regional Analytical Laboratory, Malaparamba, Kozhikode – 673009
27.	Kerala	Government Analyst Laboratory, Vanchiyoor P.O Red Cross Road, Thiruvananthapuram - 695035
28.	Madhya Pradesh	State Food Laboratory, Controller Food and Drug Administration, Idgah Hills, Bhopal - 462001
29.	Madhya Pradesh	Food Laboratory, Municipal, Corporation, Shivaji Market, Nagar Nigam Road, Indore
30.	Madhya Pradesh	State Food Testing Laboratory, Municipal Corporation, Chhatrapati Shivaji Bhavan, Agar Road, Ujjain
31.	Maharashtra	Regional Public Health Laboratory, Nizam Bunglow, Cantonment Area, Aurangabad - 431002
32.	Maharashtra	District Public Health Laboratory, Dhobhi Ghat Building, General Hospital Compound, Jalgaon – 425001
33.	Maharashtra	District Public Health Laboratory, 330/2, B, Y.P. Powar Nagar, Bendre Building, Kolhapur - 416002
34.	Maharashtra	Municipal Laboratory, Room No. 49, 2nd Floor, G North Ward Office, J.K. Sawant Marg, Dadar, Dadar West, Mumbai- 400 028
35.	Maharashtra	Room No. 606, Public Health Laboratory, Konkan Bhawan, 6th Floor, CBD Belapur, District Thane, New Mumbai - 400 614
36.	Maharashtra	District Public Health Laboratory, New Civil Hospital Compound, Nashik – 422002
37.	Maharashtra	State Public Health Laboratory, Stavely Road, Cantonment Water Works Compound, Pulgate, Near St. Mary’s School, Pune - 411001
38.	Maharashtra	District Public Health Laboratory, Vasantdada Co-op. Industrial Estate, Madhavnagar Road, Nr. R.T.O., Sangli – 416416
39.	Maharashtra	District Public Health Laboratory, Sai Darshan, 5 – Babanagar, Near Polytechnic College, Nanded - 431602
40.	Maharashtra	Regional Public Health Laboratory, Mental Hospital Compound, Chindwada Road, Nagpur- 440 029
41.	Maharashtra	District Public Health Laboratory, Opposite Irvin General Hospital, Amravati-444601
42.	Meghalaya	Combined Food and Drug Laboratory, Pasteur Institute, Shillong - 793001
43.	Nagaland	State Public Health Laboratory, Merhuliesta Colony, Near CMO Office, Kohima, Nagaland
44.	Odisha	State Public Health Laboratory, In front of Ram Mandir, Convent Square, Bhubaneswar - 751001
45.	Puducherry	Public Health Laboratory, Indira Nagar, Gorimedu, Puducherry – 605006
46.	Punjab	State Food, Drugs and Excise Laboratory, Govt. of Punjab, Second Floor, Sector – 11 D, Chandigarh
47.	Punjab	District Public Health, Laboratory, Nehru Garden, Jullundhar (Punjab)
48.	Punjab	District Public Health, Laboratory, Old Civil Hospital, Bhatinda (Punjab)
49.	Rajasthan	Food Safety and Standards Laboratory, E-1, Behind Kamla Nehru T.B. Hospital, Jaipur Road, Ajmer
50.	Rajasthan	State Public Health Laboratory, Mini Swasthya Bhawan, Mandir Marg, Sethi Colony, Behind Mental Hospital, Jaipur - 302004
51.	Rajasthan	Regional Public Health Laboratory, C-27, Railway Road, Jodhpur - 342001
52.	Rajasthan	Food Safety and Standards Laboratory, Rajiv Gandhi Hospital Campus, Alwar – 301001
53.	Rajasthan	Public Health Laboratory, Maharana Bhopal Cancer Hospital, Near Dhobighat, Udaipur
54.	Rajasthan	Public Health Laboratory, P.B.M. Hospital Premises Bikaner (Rajasthan)
55.	Rajasthan	Public Health Laboratory, Sriganganagar (Rajasthan)
56.	Rajasthan	Public Health Laboratory, Banswara (Rajasthan)
57.	Tamil Nadu	Food Analysis Laboratory, No.219, Race Course Road, Coimbatore - 641018
58.	Tamil Nadu	Food Analysis Laboratory, King Institute Campus, Guindy, Chennai - 600032
59.	Tamil Nadu	Food Analysis Laboratory, Gandhi Nagaram, Near Gandhi Museum, Poor Home Campus, Madurai – 625 020
60.	Tamil Nadu	Food Analysis Laboratory, Kamaraj Nagar Colony Post, Salem - 636014
61.	Tamil Nadu	Food Analysis Laboratory, Medical College Road, Near Membalam, Thanjavur - 613001
62.	Tamil Nadu	Food Analysis Laboratory, No.5, Old Police Hospital Road, Palayamkottai, Tirunelveli – 627002
63.	Tamil Nadu	Food Analysis Laboratory, Corporation of Chennai, Chennai- 600 003
64.	Tripura	Regional Food Laboratory, Pandit Nehru Office Complex, Agartala - 799006
65.	Uttar Pradesh	Regional Public Analyst Laboratory, HB Training Campus, Halwai Ki Bageechi, Agra
66.	Uttar Pradesh	State Government Laboratory, UP Behind Nehru Batika, Sector C, Aliganj, Lucknow – 226020
67.	Uttar Pradesh	Regional Public Health Laboratory, Shivpur, Varanasi – 221003
68.	West Bengal	Public Health Laboratory, 2, Convent Road, Kolkata 700015
69.	West Bengal	Central Food Laboratory, Kolkata Municipal Corporation, I-A, Hogg Street, Kolkata 700087
70.	West Bengal	District Public Health Laboratory, Murshidabad, CMO Office Campus, P.O. Berhampur, Murshidabad (W.B.)
71.	West Bengal	Public Health Laboratory, GM Hospital, P.O. Netaji Subhash, Santorium, Kalyani-741 251, Nadia (W.B.)
72.	West Bengal	Assansol Mines Board of Health Laboratory, Asansol, District Burdwan- 713304

6. Others:

It typically includes various organizations with concern to the food laboratories.

1. EIC (Export Inspection Council): 35 labs

2. APEDA (Agricultural Processed Food Products Export Development Authority): 44 labs

3. MoFPI (Ministry of Food Processing Industries): 72 labs

4. BIS (Bureau of Indian Standards): 229 labs

5. Commodity Board (Tea, coffee)

6. AGMARK

7. ISO

8. AYUSH and others

Reference Video:

                     https://www.youtube.com/channel/UCDul7uf7pcbM_kWCEaA9WvA