FSSAI Show Cause Notice

They have seized all the Food Products at our premises.

We have received this

"Further, it was also observed that you are engaged in storage and sale of expired products, engaged in counterfeiting food products, and also engaged in product infringement at your premise.

"You were directed to share with the designated officer ad central licensing authority, delhi the purchase invoice of all the food products purchased by you ad lying at your premise and also all the sample collected by us from the premises within 3 days from the receipt of this mail, failing which action shall be initiated against you as per the Food Safety & Standards, act , 2006 ad Rules and Regulation made there under along with other prevailing laws of the land for any illegal activity/activities, via the mail date 04.11.2023."
"
Also
1. We have no list of Samples Taken by them or list of item seized , they mentioned taking video but those were not send to us. they also documented all the sample but no copies were given to us.
2. We have lots of items in inventory - some are with bills some without.

Ques
1.What is the maximum penalty / fine in this case of FSSAI if we do not reply to this notice.
2. Whats is the penalty if we are found guilty in this "Further, it was also observed that you are engaged in storage and sale of expired products, engaged in counterfeiting food products, and also engaged in product infringement at your premise." ?
3. If we should reply to this notice - What should be our reply as we do not have all the invoices.

Asked 1 year ago in Civil Law

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6 Answers

Section 51: Penalty for sub-standard food

Any person who, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any sub-standard food article for human consumption shall be liable to a penalty which may extend to five lakh rupees.

Section 50: Penalty for selling food not of the nature or substance, or quality demanded

Any person who sells to the purchaser’s prejudice any food which is not in compliance with the provisions of this FSSAI Act or the regulations or of the nature or substance or quality demanded by the purchaser shall be liable to a penalty not exceeding five lakh rupees.

Section 57: Possessing Adulterant

If any person themself or through any other person on his behalf, manufacture/process/imports/sells/or distributes any adulterant, is liable to the below-mentioned penalty:

A penalty not exceeding two lakh rupees if such adulterant is not injurious to health

A fine not exceeding ten lakh rupees if such adulterant is injurious to health

4)You must reply to show cause notice . submit copies of invoices in your possession

5 if you dont have some invoices take the plea that they have been misplaced

Ajay Sethi

Advocate, Mumbai

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FSSAI Act prescribes several penalties and offenses for contravening.

The provisions relating to offenses and penalties are specified under section 48. Penalties are given from Sections 49-67 of the FSSAI Act.

Section 50 states that :

They provided that the persons covered under sub-section (2) of section 31 shall, for such non-compliance, be liable to a penalty not exceeding twenty-five thousand rupees.

Section 51 states:

Section 52: Penalty for misbranded food

Any person who, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is misbranded shall be liable to a penalty which may extend to three lakh rupees.

Section 53: Penalty for misleading advertisement

Under chapter 9 of the Food safety and standards act, 2006, if any person publishes or is a part of a publication that advertises to falsely describes food and is possible to deceive or trick as to the nature/substance/or quality of any food or provides a dishonest guarantee, is liable to a penalty which may extend to ten lakh rupees.

Section 54: Penalty for food containing extraneous matter

Any person, whether by himself or by any other person on his behalf, 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.

Section 55: Failure to comply with the directions of FSO

If any food business operator or importer fails to comply with the requirements under the act without any basic or reasonable ground is liable to a penalty which may extend to two lakh rupees per the directions of the Food Safety Officer.

Section 56: 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 that may extend to one lakh rupees.

Section 57: Possessing Adulterant

If any person themself or through any other person on his behalf, manufacture/process/imports/sells/or distributes any adulterant, is liable to the below-mentioned penalty:

A penalty not exceeding two lakh rupees if such adulterant is not injurious to health

A fine not exceeding ten lakh rupees if such adulterant is injurious to health

The Food Safety and Standards Authority of India (FSSAI) has recommended stringent punishment to curb food adulteration following the Supreme Court order. Those adulterating food products could face life imprisonment and a penalty of up to Rs 10 lakh as per the amendments proposed by the regulator FSSAI in its 2006 food safety and standards law.

Process for Checking Food Adulteration

The implementation and enforcement of the Food Safety and Standards Act, of 2006 rests with State Governments. Random samples of food items are drawn by the State Food Safety Officers and sent to the laboratories recognized by the FSSAI for analysis. In cases, where samples are found to contain adulterants, action is taken as per the provision of the FSSAI Act.

Powers of Food Safety Officer

A food safety officer is the authorized person to inspect the safety and security of food that is being served in restaurants or street food stalls. In case the food inspected by an officer is not fresh or had got spoilt, the FSSAI officer has all the rights to stop production of such food and issue a warning in writing to the organizer. Further, Food Safety Officer can also search or inspect any place with the help of the police force. Usually, the search is controlled or managed by a search warrant issued under the penal code.

Section 58: Contravention of FSSAI Rules

If any person who violates or opposes the rules and regulations as stated under the FSSAI act is liable to a penalty that may extend to two lakh rupees.

Section 59: Punishment for unsafe food

Where such failure or contravention does not result in injury, with imprisonment for a term which may extend to six months and also with a fine which may extend to one lakh rupees;

where such failure or contravention results in a non-grievous injury, with imprisonment for a term which may extend to one year and also with a fine which may extend to three lakh rupees;

where such failure or contravention results in a grievous injury, with imprisonment for a term which may extend to six years and also with a fine which may extend to five lakh rupees;

where such failure or contravention results in death, with imprisonment for a term which shall not be less than seven years but may extend to imprisonment for life, and with a fine which shall not be less than ten lakh Rupees.

Section 60: Punishment for interfering with seized items

If any person illegally or without the permission of the Food Safety Officer holds/switches/transfers/or damages any such food/vehicle/package/labeling/or advertising matter that has been confiscated, is punishable with imprisonment for a duration which may extend to six months and also with fine which may extend to two lakh rupees.

Section 61: Punishment for false information

if any person gives in false details as required under the FSSAI act is punishable with imprisonment for a duration which may extend to three months and a fine which may extend to two lakh rupees.

Section 62: Punishment for obstructing or impersonating an FSO

If any person tries to or does threaten/excuse/resist/obstruct/intimidate/or assault the Food Safety Officer (FSO) during his checks or hours of exercising inspection is punishable with imprisonment for a term which may extend to three months and also with fine which may extend to one lakh rupees.

Section 63: Punishment for carrying out a business without an FSSAI license

If any person or food business operator (except the persons exempted from licensing under sub-section (2) of section 31 of this Act), himself or by any person on his behalf who is required to obtain a license, manufacturers, sells, stores or distributes or imports any article of food without a permit, shall be punishable with imprisonment for a term which may extend to six months and also with a fine which may extend to five lakh rupees.

Learn more about FSSAI Food Business License.

Section 64: Punishment for subsequent offenses

If any person is found guilty as per the law under the FSSAI act is again commits and is convicted of the same is liable to the following penalty-

FSSAI license being canceled

An additional fine daily which may extend up to one lakh rupees, where the offense is a continuing one

twice the punishment, which might have been imposed on a first conviction, subject to the sentence being maximum provided for the same offense

Section 65: Compensation in case injury or death of consumer

f any person themself or through any other person on his behalf, manufacture/process/imports/sell/or distributes any article of food inducing injury to the consumer or to his death, shall be lawful for the Adjudicating Officer or as the case may be, the court to direct him to pay compensation to the victim or the legal representative of the victim, a sum-

not exceeding three lakh rupees in case of grievous injury

not less than five lakh rupees in case of death

not exceeding one lakh rupees in all other cases of injury

Note: The compensation is processed six months from the date of occurrence of the incident and as early as possible. If the case reaches death, an interim relief shall be paid to the next of kin within thirty days of the incident.

Section 66: Offences by Companies

The FSSAI Act prescribes the following penalties for offenses by companies – Private Limited Companies, One Person Companies, and Limited Companies:

Suppose a company has committed an offense under the FSSAI act. In that case, every person in charge of the company when the offense was committed is held responsible and deemed guilty of the crime and shall be liable to be proceeded against and punished accordingly.

Provided that where a company has different establishments or branches or different units in any establishment or branch, the concerned Head or the person in charge of such establishment, branch, or team nominated by the company as responsible for food safety shall be liable for infringement in respect of such establishment, branch or unit:

Notwithstanding anything in sub-section (1), where a Company has committed an offense under this Act, and it is proved that the offense has been committed with the consent or connivance of or is attributable to any neglect on the part of any Director, Manager, Secretary or other Officer of the Company, such Director, Manager, Secretary or other Office shall also be deemed to be guilty of that offense and shall be liable to be proceeded against and punished accordingly.

Section 67: Imports of food in contravention of the FSSAI Act

If any person who imports any article of food which is in contravention of the provisions of this FSSAI Act, rules and regulations made there under, shall, in addition to any penalty to which he may be liable under the conditions of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) and the Customs Act, 1962 (52 of 1962) be also liable under the FSSSAI Act and shall be proceeded against accordingly.

Any such article of food shall be destroyed or returned to the importer if permitted by the competent authority under the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) of the Customs Act, 1962 (52 of 1962), or any other Act, as the case may be.

For more information you may visit the website of the authorities concerned

T Kalaiselvan

Advocate, Vellore

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Dear Client,

Following an inspection of your property, you were given a notice accusing you of food counterfeiting, storing and selling expired goods, and violating product laws. Within three days, authorities have asked for information on food samples and products that have been purchased. According to the Food Safety and Standards Act of 2006, there could be consequences for not responding. If a violation is discovered, there may be fines, a license suspension, or even cancellation. Even if some invoices are not available, it is still advisable to seek legal advice for assistance in drafting a thorough response.

Anik Miu

Advocate, Bangalore

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It’s not about penalty or fine the license will be cancelled if you don’t reply and follow up

Prashant Nayak

Advocate, Mumbai

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Talk to Advocate Prashant Nayak

1. Any person selling any food which is not in compliance with the provisions of FSS Act, 2006 or the regulations made thereunder, or of the nature or substance or quality demanded by the purchaser, shall be liable to a penalty not exceeding five lakhs rupees.

2. same as above

3. You can deny the allegation