FSSAI govern the registration and licensing of food business in India. It includes the registration and licensing requirements for the manufacturing, storage, transportation, or distribution of food products.
Requirements for FSSAI registration:
The FSSAI registration is essential for all the food business operators for manufacturers or sells or distributing any food article. And it is also essential for the small scale or cottage or such other industries with an annual turnover not exceeding Rs. 12 lakh or whose production capacity of food does not exceed 100kg/ltr per day or procurement or handling and collection of milk is up to 500 liters per day. And the slaughtering capacity is 2 large animals or 10 small animals, or 50 poultry birds per day.
FSSAI license requirements:
The person who is not classified as a petty food business operator must obtain an FSSAI license. There is two of license one id state FSSAI license and another one is Central FSSAI license. As per the size and nature of business, the licensing authority would change. The fee and procedure for obtaining an FSSAI license are more extensive when compared to an FSSAI registration. The food business operator could issue a license for a period of one to five years. And the renewal of the license must be done within thirty days before the expiry date of FSSAI license.
Overview of Penalty and Offenses under Food Security and Standard Authority of India
The Food Security and Standard Act, 2006 lead to establishment of the Food Security and Standard Authority of India that is popularly known as FSSAI. The primary purpose of this act consolidates law is to ensure the safe availability of manufacturing, storage, distribution, sale, and import of food articles to all the customers. If an individual wants to start a food business, then it is required that the person shall start the business only after getting the FSSAI licenses. The FSSAI act also assures the customers that the food is safe for human consumption. It is the Food Authority and the State Authority❜s responsibility to enforce the food safety law in India. The FSSAI Act regulates many rules, and its effort to regulate those rules the act includes many penalties and offenses for any contravening.
Penalties for offenses under FSSAI
The Food Security and Standard Authority of India (FSSAI) provides specific penalties for its offenses. And all these offenses and penalties are applicable for:
1. Private limited company
2. One person company
3. Limited company
Suppose it is confirmed as per the act that the company has committed any offenses, then as per the rule. In that case, every person who at the time of the offenses was committed in charge of and was responsible to the company for the business❜s conduct will be deemed to be guilty. And the guilty shall be considered liable to be proceeded against and will be punished accordingly. And in the case where the company has a different establishment or branch office or different units in any established or branch, the person-in-charge or the concerned head if the brand or unit of such establishment will be responsible. The responsible person in case of contravention will be considered liable and guilty of an offense.
When any companyhas committed any offenses, and it is proved that the offense has been committed with the consent or connivance or is attributable to any neglect on the part of the director, manager, secretary, or another officer of the company, shall be deemed to be guilty of committing an offense. The company and the officer responsible for the company shall be liable for an offense committed and punished accordingly. The person guilty of an offense has to face proceedings according to the FSSAI punishment.
Punishment under FSSAI for carrying out a business without an FSSAI license:
If any person wants to start a food business, the individual needs to get an FSSAI license. The FSSAI license is essential to obtain food manufacturing, sales, storage, distribution, or import of any food article. If any person or food business operator is carrying on the business without an FSSAI license, then the food business operator is punishable with imprisonment. The term for imprisonment may be extended to six months, and it also includes the fine, which may extend to five lakh rupees. This rule is applicable for exempted people under sub-section (2) of section 31 of this FSSAI act.
The penalty related to selling of substandard quality of food:
If a person or a company sells the food that is not of nature or substance or quality demanded as per the provision of the FSSAI Act or the regulations made thereunder, then the company and the person will be liable to a penalty. The person or company shall be liable to a penalty not exceeding five lakh rupees for selling food that is not of nature or substance or quality as demanded. And the person covered under sub-section (2) of section 31 shall be liable to a penalty not exceeding twenty-five thousand rupees for such non-compliance as per the acts.
Any person or any company who is selling any sub-standard food, whether by himself or by any other person on his behalf for manufacturing for sale or storage or sell or distribute or imports go any article related to food for human consumption shall be liable a penalty. The penalty related to sub-standard food may extend to five lakh rupees.
The penalty related to the sale or storage of mis-branded food:
Any person shall not sell or store any mis-branded food. Whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption that is misbranded shall be liable to a penalty. And the penalty shall be liable to a fine which may extend to three lakh rupees. Under this section, the adjudicating officer may issue a direction to the person found guilty of the offense for taking corrective action to rectify the mistake or destroy such an article of food article.
The penalty of sale and storage of food containing extraneous matter:
If any person, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food containing extraneous matter for human consumption shall be liable to a penalty. The penalty under this act for the sale and storage of food containing extraneous matter may extend to one lakh rupees.
The rule for compensation related to injury or death of consumer:
If any person whether by himself or by any other person on his behalf, manufactures or distributes or sell or imports any article of food that is the cause of injury to the consumer or his death without prejudice to the other provisions of this chapter shall be lawful for the adjudicating officer or as the case may be, the court to direct him to pay compensation to the victim or the legal representative of the victim. A sum of not less than five lakh rupees is required for compensation in case of death or not exceeding three lakh rupees in case of grievous injury, and not exceeding one lakh rupees in all other cases of injury due to food. The compensation required to be paid in this case shall be paid earlier than six months from the incident❜s date of occurrence. Further, it is provided that an interim relief shall be paid within thirty days of the incident in case of death.
Leading to grievous injury or death, if any person is held guilty of an offense, then the adjusting officer or the court may cause the name or place of residence of the person held guilty. And the offense and the penalty imposed to be published at the offender’s expense in such newspapers or such manner as the Adjudicating officer or the court may direct. The expenses of such a publication shall be deemed part of the cost attending the conviction, and it shall be recoverable in the same manner as a fine. The adjudicating officer or the court may also order to cancel license re-calls of food from the market, forfeiture of establishment, and property in case of grievous injury or death of consumer. It shall prohibit order in any other cases.
Punishment related to storage or sale of unsafe food:
If any person who is by himself or through any other person on his behalf is manufacturing unsafe food for sale or is storing or selling or distributing or importing any article of food unsafe for human consumption shall be punishable. If such failure or contravention does not result in injury, it shall be punishable with imprisonment for a term that may extend to six months and with a fine which extends to one lakh rupees. In case such failure or contravention results in a non-grievous injury with imprisonment for a term that may extend to one year and with a fine which may extend to three lakh.
If such failure or contravention results in a grievous injury, then the person may be punishable with imprisonment for a term which may extend to six years and with a fine which may extend to five lakh rupees. If failure or contravention results in death, then imprisonment for a term not extending six years or imprisonment for life shall be imposed. And the person is also liable for a fine which may extend to ten lakh rupees.
The penalty related to the advertisement which misleads:
As per the act, there is a penalty imposed on the persona who publishes or advertises any falsely describes any foods or likely to mislead as per the nature and quality of any food shall be penalized with a fine which may extend to ten lakh rupees. If any label or advertisement related to food contravenes shall be alleged to have been committed, contain an accurate statement of the foods❜ composition. It shall not preclude the court from finding the contravention that was committed.
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