corporate law

Understanding the Roles and Penalties of Food Safety Authorities in India

Adjudicating Officer

The Adjudicating Officer, as defined under this Act, must hold the rank of Additional District Magistrate or higher and is appointed by the State Government. This officer possesses the powers of a Civil Court, ensuring that all proceedings are recognized as Judicial proceedings under The Indian Penal Code.

When determining the quantum of penalties under the Food Safety and Standards Act, 2006, the Adjudicating Officer must adhere to the guidelines outlined in Section 49. Importantly, no orders may be issued without providing the individual concerned an opportunity to be heard.

Individuals aggrieved by the Adjudicating Officer's order can appeal to the Food Safety Appellate Tribunal within 30 days.

Food Safety Appellate Tribunal

The Food Safety Appellate Tribunal, established by either the Central Government or the State Government, comprises a presiding officer who must have experience as a District Judge.

This Tribunal operates independently of the Civil Procedure Code, 1908, while still adhering to the principles of Natural Justice. It has the authority to regulate its procedures as necessary. Similar to the Adjudicating Officer, the Tribunal also holds the powers of a Civil Court, treating all its proceedings as Judicial Proceedings under the Indian Penal Code.

Aggrieved parties have 60 days from the Tribunal's order to file an appeal to the High Court.

Offences and Penalties under the Food Safety and Standards Act, 2006

The following penalties may be imposed:

  • Selling substandard food: Up to ₹500,000 (Section 51).

  • Mis-branded food: Up to ₹300,000 (Section 52).

  • Misleading advertisement: Up to ₹1,000,000 (Section 53).

  • Food containing extraneous matter: Up to ₹100,000 (Section 54).

  • Failure to comply with Food Safety Officer's directions: Up to ₹200,000 (Section 55).

  • Unhygienic food processing or manufacturing: Up to ₹100,000 (Section 56).

  • Possession of adulterants:

    • If not harmful to health: Up to ₹200,000.
    • If harmful to health: Up to ₹1,000,000 (Section 57).

  • Contraventions without specified penalties: Up to ₹200,000 (Section 58).

Punishment for Unsafe Food

  • No injury: Fine up to ₹100,000 and/or imprisonment for up to 6 months.
  • Non-grievous injury: Fine up to ₹300,000 and/or imprisonment for up to 1 year.
  • Grievous injury: Fine up to ₹500,000 and/or imprisonment for up to 6 years.
  • Resulting in death: Fine not less than ₹1,000,000 and imprisonment not less than 7 years, potentially extending to life imprisonment (Section 59).

Additional Punishments

  • Interference with seized items: Fine up to ₹200,000 and/or imprisonment for up to 6 months (Section 60).

  • Providing false information: Fine up to ₹200,000 and/or imprisonment for up to 3 months (Section 61).

  • Obstructing or impersonating a Food Safety Officer: Fine up to ₹100,000 and/or imprisonment for up to 3 months (Section 62).

  • Operating a business without a license: Fine up to ₹500,000 and/or imprisonment for up to 6 months (Section 63).

This structured framework establishes clear guidelines regarding the roles, responsibilities, and penalties imposed under the Food Safety and Standards Act, 2006.