Chapter 9 of the Food Safety and Standard Act, 2006 gives the general provisions for penalties for numerous offences/ violations of provisions of the Act, Rules & Regulations committed by an individual. There are various provisions given in the Food Safety and Standard Act, 2006 which are given from section 50 to section 67 of the Food Safety and Standard Act, 2006.
When determining whether a food is harmful to one's health, consideration must be given not only to the specific health sensitivities of a specific consumer group where the food is intended for that group, but also to the likely cumulative effect of food of substantially the same composition on the health of a person consuming it in ordinary quantities.
The Adjudicating Officer/Tribunal shall consider the following factors when determining the quantum of penalty:
(a) The amount of gain or unfair advantage made as a result of the contravention,
(b) The amount of loss caused or likely to cause to any person as a result of the contravention,
(c) The repetitive nature of the contravention,
(d) Whether the contravention is committed without his knowledge, and
(e) Any other relevant factor.
Imposing penalties are very important so that people follow the rules and regulations carefully otherwise the consumers have to suffer. Reasons for imposing penalties are the follows:
- If a person is carrying out a business without FSSAI license, then penalty will be imposed.
- If a person is selling food not of the nature or substance or quality demanded, then penalty will be imposed.
- If a person sells sub-standard food, then penalty will be imposed.
- If a person sells misbranded food, then penalty will be imposed.
- If a person sells food containing extraneous matter, then penalty will be imposed.
- If a person manufactures unhygienic or unsanitary processing of food, then penalty will be imposed.
- If a person publishes misleading advertisement, then penalty will be imposed.
The minimum imprisonment for providing unsafe food is 6 months and the maximum can be extended to a lifetime of imprisonment and fine ranges between 25000 and 10 lakhs.