Friday 9 February 2018

Penalties and Punishments under FSS Act,2006.

As per the FSS Act, 2006 following penalties and punishment are set for the respective offences as mentioned below:

1.Offence: Selling the article of food which is not in compliance with the provisions of FSS Act,2006 or the regulations made thereunder, or NOT of the nature or substance or quality demanded by the purchaser.
Penalty : Not exceeding five lakh rupees.

Exception:Petty manufacturer who
himself manufactures or sells any article of food or a petty retailer, hawker, itinerant vendor or a temporary stall holder or small scale or cottage or such other industries relating to food business or tiny food business operator;
Penalty: Not exceeding twenty five thousand rupees.

2. Offence: Manufacturing or storing or selling or distributing or importing any article of food for human consumption which is sub-standard.
Penalty: Up to five lakh rupees.

3.Offence: Manufacturing for sale or storing or selling or distributing or importing, any article of food for human consumption which is misbranded.
Penalty:Up to three lakh rupees.

4.Offence: Publishing misleading advertisement,
which–
(a) falsely describes any food; or
(b) is likely to mislead as to the nature or substance or quality of any food or gives false guarantee,
Penalty: Up to ten lakh rupees.

5.Offence:Manufacturing or storing or selling or distributing or importing any article of food for human consumption containing extraneous matter.
Penalty :Upto one lakh rupees.

6.Offence:Not compling the directions of Food Safety Officer without reasonable ground.
Penalty: Up to two lakh rupees.

7.Offence: Manufacturing or processing, any article of food for human consumption under unhygienic or unsanitary conditions.
Penalty:Up to one lakh rupees

8.Offence:Possessing adulterant.
Penalty:
(i) Where such adulterant is not injurious to health; penalty not exceeding
two lakh rupees.
(ii) Where such adulterant is injurious to health; penalty not exceeding ten
lakh rupees.

9. Offence: Contravenesing any provisions of FSS Act,2006 or the rules or regulations made thereunder, for which no penalty has been separately provided in FSS Act,2006.
Penalty: Up to two lakh rupees.

10. Offence:Manufacturing or storing or selling or distributing or importing any article of food for human consumption, which is unsafe.

Condition-1: Where such food not result in injury.
Punishment:Imprisonment up to six months and fineup to one lakh rupees.

Condition-2: Where such food results in a non-grievous injury.
Punishment:Imprisonment up to one year and also with fine Up to three lakh rupees.

Condition-3: Where such failure or contravention results in a grievous injury.
Punishment:Imprisonment for a term which may extend to six years and also with fine which may extend to five lakh rupees.

Condition-4: Where such failure or contravention results in death.
Punishment :Imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh Rupees.

10.Offence: Retaining, removing or
tampering with any food,vehicle,equipment, package or labelling or advertising material or other thing without permission of Food Safety Officer  that has been seized under FSS Act,2006.
Punishment: Imprisonment for a term which may extend to six months and also with fine which may extend to two lakh
rupees.

11. Offence: Providing any
information or produces any document that the person knows is false or misleading inconnection with a requirement or direction under FSS Act 2006.
Punishment: Imprisonment for a term which may extend to three months and also with fine which may extend to two lakh rupees.

12. Offence: Obstructing or impersonating a Food Safety Officer.
Punishment: Imprisonment for a term which may extend to three months and also with fine which may extend to one lakh rupees.

13. Offence: Carrying out a business without licence.
Punishment: Imprisonment for a term which may extend to six months and also with a fine which may extend to five lakh rupees.

Exception:
Petty manufacturer who
himself manufactures or sells any article of food or a petty retailer, hawker, itinerant vendor or a temporary stall holder or small scale or cottage or such other industries relating to food business or tiny food business operator; which requires registration not licence.

14. Offence:Committing same offences again.
Punishment:
(i) Twice the punishment, which might have been imposed on a first conviction.
(ii) A further fine on daily basis which may extend up to one lakh rupees, where the
offence is a continuing one; and
(iii) Licence cancellation.

References:
Food Safety & Standards Act, 2006

3 comments:

  1. If your business belongs to FMCG products but total turnover is more than 12 Lac per annum or you are a manufacturer of any FMCG product then you have to registered your firm under FSSAI act as food license Registration in Jaipur.

    ReplyDelete
  2. Nice, very informative. Contact Vakilsearch through website to Food License Registration

    ReplyDelete
  3. Vishesh Jangir

    https://visheshjangir.com/

    Mr. Vishesh Jangir is a reputed GST practitioner in new Delhi,north-west-Delhi. is recognized for GST Advisory and tax optimization works.

    ReplyDelete

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