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Impacts of non-compliance with the FSSAI Act

Overview of FSSAI


Are you looking towards starting your own food business or restaurants? If you have planned like this, then you need to complete the FSSAI registration process. This is highly essential for any food business or outlet. Nowadays, the competition is rapidly increasing, and to leg up this competition, you need to strictly follow all food regulations.

If you register under this food safety Act, your food can promote and protect public health through food safety regulations. Also, you need to provide hygienic food to your consumers because it❜s all about their safety. So every food industry should sincerely follow all these food-related guidelines. Through the article, you will get to know more about penal provisions and offenses under FSSAI Act. But before that, we must understand the meaning and object of FSSAI.

What do you mean by FSSAI?


Food Safety and Standards Authority of India is known as a self-governing body that regulates all food businesses and industries in India. FSSAI registration is quite an essential process that ensures food safety and quality. Also, without a food safety certificate, you cannot run any food industry. The food authority of India issues this certificate. Moreover, we can say that FSSAI provides food licensing for food businesses.


Important FSSAI objectives


1. It ensures good food quality, preparing process, manufacturing quality, sales of food, distribution channel, etc.
2. It ensures food safety.
3. It provides a science-based standard for food articles.

Along with that, one applicant is also required to renew his/her licensing. All food business operators need to follow all these compliances because it❜s about public health and safety. In case any applicant does not follow these required compliances, then that applicant shall be punishable.
Possible penalties and offenses in case of non-compliance with FSSAI

Every industry is required to comply with their respective authorities. Likewise, food industry is also required to comply with all concerned guideless and laws of the FSSAI. In case any food business operator fails to perform compliances which are coming under FSSAI Act rules and regulation, then that food operator will be liable to pay some penalties. This provision of penalties is declared under Food Safety and Standards Acts of section 49 to 67.

Under Act48, it has been specified that if food has not complied with FSSAI, then that food substance may be injurious to health. Various points are quite important for taking the penalty decision, which is stated in Section 49.
1. For the penalty, calculation authority needs to consider all illegal profits earned by the infringement.
2. Consideration of periodical or recurring aspect of an infringement.
3. If there is any loss occur due to infringement.
4. In case of other valid reasons.


Here is a detailed overview of penalties and offenses under the FSSA Act, 2006 (after mentioned as "FSSA 2006")


FSSA 2006: Under Section 50


Any person who sells foods that fail to satisfy prejudiced purchaser❜s required nature, demand, supply, or substances then that person will be liable to pay the penalty. That food seller will be penalized due to non-compliance with FSSAI. The penalty amount will notbe exceeding Rs. Five lakhs.


FSSA 2006: Under Section 51


Whether by him or by any other person on behalf of him, any person who sells, distributes, imports, or stores any foodarticles for human consumption, which is sub-standard, will liable to a penalty. In this case, the penalty amount may extend to Rs. Five lakhs.


FSSA 2006: Under Section 52


When a person sells, stores, imports, or distributes misbranded food, whether by himself or by another person on behalf of him, for human consumption, shall be liable to a penalty, which may extend to three lakhs Rupees. The accountable officers can ask that person to correct such things; otherwise, his food article will be destroyed.


FSSA 2006: Under Section 53


Suppose any person likely to mislead to any food❜s quality, nature, substance or gives any false advertise or guarantee. In that case, he shall be penalized, and that amount may extend to Rs. Ten lakhs.


FSSA 2006: Under Section 54


If a person sells, stores, distribute, or imports any food articles, whether by himself or through another that contains extraneous matter shall be penalized with an amount that may extend to Rs. One lakh.


FSSA 2006: Under Section 55


When a person operating any food business fails to fulfill this FSSA Act❜s compliance requirements or any rules without any reasonable ground, he will be liable to a penalty. In this case, the penalty amount may extend to Rs. Two lakhs.


FSSA 2006: Under Section 56


Whether by himself or through others, a person manufactures or processes food articles under any unsanitary or unhygienic condition, he is liable to pay the penalty. In this case, the penalty amount may extend to Rs. One lakh.


FSSA 2006: Under Section 57


When person manufacture, imports, process, distributes or sells any adulterant whether by himself or through other people will be liable to pay:
1. When adulterant is not injurious to health, then penalty shall not be exceeding Rs. Two lakhs.
2. The penalty amount will not exceed Rs. Ten lakhs when adulterant is not injurious to human health.
3. In the proceeding under sub-section (1), If it found that accused person was holding adulterants on behalf of others, it shall not be a defense.


FSSA 2006: Under Section 58


If any person contravenes any provision of this FSSAI Act or the rules and regulation of FSSAI made thereunder, for this contravention no separate penalty has been provided in this chapter, the person liable to a penalty which may extend to Rs. Two lakhs.


FSSA 2006: Under Section 59


When a person manufactures, sells, distributes sores, or imports any unsafe food articles whether by himself or through other:
1. Such failures will be punished with imprisonment, which does not result in any injury for a duration that may extend to six months. Also, a penalty may charge that may extend to Rs. One lakh.
2. Suppose such contravention will result in any non-grievous injury with imprisonment for a period that may extend up to one year. In case penalty amount may also charge that may extend to Rs. Three lakhs.
3. In case any contravention will result in a grievous injury with imprisonment for a duration that may extend to six years. Here the penalty amount may extend to Rs. Five lakhs.
4. In case the contravention or failure results in death with imprisonment for a period which will not less than seven years. Also, the imprisonment will extend for a lifetime. Here the penalty amount will not be less than Rs. Ten lakhs.


FSSA 2006: Under Section 60


When a person removes, retains, or tampers food with the help of any vehicle, labeling, equipment, or other things without taking the permission of concerned Food Safety Officer, then under this Act, that has been seized. Also, that person will be punishable with imprisonment for a period of up to six months. Along with all these, that person may be penalized with the amount which may extend to Rs. Two lakhs.


FSSA 2006: Under Section 61


Suppose a person provides any information which is not correct or misleading any false information. Under this Act, he will be punishable with imprisonment for a period which may be extended up to three months. Also, a penalty amount will be charged that may be extended up to Rs. Two lakhs.


FSSA 2006: Under Section 62


In case any person obstructs, assault, threaten, or resist any Food Safety Officer during his inspection, that person will be punished. He may punish with imprisonment, which period may extend up to three months. Also, a penalty amount will be charged, which may extend up to Rs. One lakhs.


FSSA 2006: Under Section 63


When a person who needs to obtain the license, whether by himself or through another person, sells, manufactures, stores, imports, distributes any article of food without a license, will be responsible for non-compliance with FSSAI. In this case, the imprisonment duration may be extended up to six months. Along with that, the penalty amount will be extended up to Rs. Five lakhs.


FSSA 2006: Under Section 64


When a person after been convicted of any offense punishable under this Act would subsequently convict and commits the same offense, that person will be liable to-
1. His license shall be cancel
2. A penalty will be charged per day basis, which may be extended to Rs. One lakh in case of a continuing offense.
3. In case of the same offense, second-time punishment would have given on that first conviction, which is subject to maximum time.


FSSA 2006: Under Section 65


This Act contains compensation rules in case of any consumer❜s death or injury. When a person manufactures, sells, stores, distributes, or imports food articles, whether by own or through others causing any injury or death to the respective consumer, the court of law will ask that person to pay the victim❜s compensation amount. In this case, the compensation amount can be paid directly to the victim or his legal representative. The compensation amount shall:
1. For any grievous injury, the penalty amount will not exceed up to Rs. Three lakhs.
2. If a food article causes death, then the penalty amount will not exceed Rs. Five lakhs.
3. If any other injury, the food business operators need to pay compensation early, and it will not exceed up to Rs. One lakh. Also, the food business operator needs to pay this compensation amount within a six-month duration. In case of death, interim relief will be paid within thirty days of duration.


FSSA 2006: Under Section 66


Under this Act, if any company commits an offense related to this, every person connected with this company will be liable to get punishment. All responsible persons shall be punishable due to non-compliance with FSSAI rules.


FSSA 2006: Under Section 67


In case a person imports any articles of foods which is in contravention of these provisions of the Act, then that person commits non-compliance with rules and regulations of FSSAI. In such a case, that person is liable under Foreign Trade and Customs Act, 1962. Also, that person liable to penalties under this Foreign Trade and Customs, 1962.


If any non-compliance under this Foreign Trade and Customs will be noticeable, then the respective food article will be destroyed.


Recent Practical examples related to Non-compliance with FSSAI

Nestle India Ltd vs. FSSAI

This case is from an Uttar Pradesh district, where Maggi noodles samples were found with some lead and MSG particles. In those Maggie samples, the lead amount was so excessive and that far away from the permissible limit when FSSAI found that it in non-compliance with FSSAI rules, it notified Nestle India Ltd. to remove nine variants of Maggi noodles because those Maggi samples contain unsafe and unhygienic particles, which is not safe for human consumption, after that, the FSSAI authority directed to stop the processing, sales, distribution, and production process.

Though they have not performed proper compliance with FSSAI, the government declared banning Maggi noodles from May 2015. Also, Nestle India Ltd. rejected the accusation because it contains dangerous particles. After that, a Government-authorized laboratory has declared that all compliances correctly follow Maggi noodles with National food safety standards. At later on, the Bombay High Court also gives its permission to export the Maggi noodles.


Closing lines


When it comes to starting a food industry, then the FSSAI registration is highly essential. If the food operator will not comply with all FSSAI rules and guidelines, it is a crucial offense. Along with that, food business operators will be penalized. So before starting any food business, the operator must abide by FSSAI compliance rules and regulations. Every food business operators need to look after such things, which also helps you avoid massive penalties and punishment.

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