FSSAI Penalty for Restaurants and Food Businesses

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The Food Safety and Standards Act, 2006 renders definition for food businesses and food business operators (FBO) including restaurants in India. The Act entails certain statutory requirements and compliances for ensuring food safety and packaging and labelling of food related products in India. The non- compliance of procedural requirements for food businesses and FBO’s attracts FSSAI penalty. These penal provisions are enumerated under the FSS Act for various offences.

FSSAI Penalty Structure

The various FSSAI penalties and offences are enumerated below:

Penalty for selling food not of the nature or substance or quality demanded- This states that any person who sells any food item which is not in compliance with the provisions of the FSS Act or the regulations made thereunder, then the food business shall be liable to a penalty not exceeding five lakh rupees.

Penalty for sub-standard food- Under this any person who manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is sub-standard, shall be liable to a penalty which may extend to five lakh rupees.

Penalty for misbranded food- A person who manufactures, sale or stores or sells or distributes or imports any food article is misbranded, shall be liable to a penalty which may extend to three lakh rupees.

Penalty for misleading advertisement- The FSSAI punishment for any person who publishes, or is a party to the publication of an advertisement, which is likely to mislead about the nature or substance or quality of any food or gives false guarantee, shall be liable to a penalty which may extend to ten lakh rupees.

Penalty for food containing extraneous matter- Under this any person who manufactures for sale or stores or sells or distributes or imports any article of food for human consumption containing extraneous matter, shall be liable to a penalty which may extend to one lakh rupees.

Penalty for unhygienic or unsanitary processing or manufacturing of food- Any person who, whether by himself or by any other person on his behalf, manufactures or processes any article of food for human consumption under unhygienic or unsanitary conditions, shall be liable to a penalty which may extend to one lakh rupees.

Punishment for Food Adulteration in India

The FSS Act also prescribes punishment for possession of food adulterant and provides that if any person who imports or manufactures for sale, or stores, sells or distribute any adulterant shall be liable –

(i)    to a penalty not exceeding two lakhs rupees- where such adulterant is not injurious to health

(ii)   to a penalty not exceeding ten lakhs rupees- where such adulterant is injurious to health

The Food Laws in India also provides FSSAI punishment for misleading consumers and states that every FBO shall ensure that the labelling and presentation of food, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged and the setting in which they are displayed, and the information which is made available about them should not mislead consumers.

The Act also mandates that no person shall commence or carry on any food business without licensing and registration of food business.