The sample is Misbranded because there is violation of Regulation No. 5.10(a) of the Food Safety and Standards (Packaging & Labeling) Regulations, 2020. Label- Without declaration of Expiry Date/ Use by date. What is the penalty in the above said Act Violation
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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.
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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.
- If a person, in connection with a requirement or direction under this Act, provides any information or produces any document that the person knows is false or misleading, he shall be punishable with imprisonment for a term which may extend to three months and also with fine which may extend to two lakh rupees.
- 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.
The food labeling regulations require all “Prepackaged” or “Pre-packed food” to comply with the labeling regulations in India. Per the rules, prepackaged food means food placed in a package of any nature in such a manner that the contents cannot be changed without tampering and which is ready for sale to the consumer.
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 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.
The Adjudicating Officer may issue a direction to the person found guilty of an offense under this section for taking corrective action to rectify the mistake, or such article of food shall be destroyed.
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.
Dear client,
In cases of misbranding due to the absence of an expiry date or use by date on a food product, penalties can vary. They might include warnings, fines, product recalls, or legal action against the manufacturer or distributor. The severity of the penalty can depend on the specific circumstances, the frequency of the violation, and the regulations of the region where the violation occurred. You can reach out to us for further assistance
the penalties for violations of the Food Safety and Standards Act, including misbranding due to the absence of an expiry date or use by date can vary from case to case. Penalties are often subject to the discretion of the Food Safety Officer and may include fines or other regulatory actions.
