FSSAI Penalty Overview
FSSAI Penalties
For a food business, accountability does not end at receiving FSSAI Registration or FSSAI License. The FSSAI has laid out a list of compliances that it expects every business to mandatory follow. Ineffective compliance or non-compliance may lead to loss of FSSAI license/registration, penalties, and even jail time for business owners and officers.
Here is a comprehensive list of activities which may invite penalties on a food business under the FSSAI Act.
Selling food which is not of the nature, quality or substance
Demanded by the customer
A penalty of not more than Rs.5 lakhs will be levied on him. If the business is covered under Subsection 2 to the Act, the penalty amount will not exceed Rs.25,000.
Selling substandard food
If a person or someone on his behalf manufacturers, stores, distributes or imports food for sale which is considered substandard and therefore unfit for human consumption, a penalty of not more than Rs.5 lakhs will be levied on him.
Selling misbranded food
If a person or someone on his behalf manufacturers, stores, distributes, or imports food for sale which is considered misbranded, a penalty of not more than Rs.3 lakhs will be levied on him. Also the Adjudicating Officer will order the immediate of all such food supplies.
Food containing inappropriate matter
If a food item contains substances which make it unfit for human consumption, it is said to contain inappropriate matter. If a person or someone on his behalf manufactures, stores, distributes, or imports food for sale which is considered inappropriate, a penalty of not more than Rs.1 lakhs will be levied on him.
Running a food business without FSSAI License or FSSAI Registration
Here, the food business operator can be jailed for up to six months and a penalty of not more than Rs.5 lakhs will be levied on him.
Manufacturing or processing of food in unsanitary and unhygienic Surroundings
A food business operator and anyone working on his behalf will be slapped with a fine of not more than Rs.1 lakhs in such cases.
Possessing an adulterant
A food business operator and anyone on his behalf who manufacturers, stores, or distributes food adulterants will be slapped with a fine not more than Rs.2 lakhs. This in case, the adulterant is not harmful to health. However, if the adulterant is injurious to health, the penalty can extend up to Rs.10 lakhs.
Contraventions of FSSAI Act
A food business operator and anyone working on his behalf will be slapped with a fine of not more than Rs.2 lakhs in such cases.
Unsafe food
A food business operator and anyone working on his behalf who manufactures, stores or distributes unsafe food will be slapped with a fine of not more than Rs.1 lakhs, in case the adulterant does not cause injuries along with a jail term of up to six months. However, if the unsafe food results in non-grievous injury, the penalty can extend up to Rs.3 lakhs and include a jail term up to one year. But if the unsafe food results in grievous injury, the penalty can extend up to Rs.5 lakhs and include a jail term of up to six years. In the case the unsafe food item causes death on consumption, the penalty can extend up to Rs.10 lakhs and include a jail term of up to seven years.
Some other repercussions in serious cases can be:
- Cancellation of FSSAI License or FSSAI Registration
- Recalling the food from the distributors, wholesalers and retailers
- Seizing and sealing of business premises
