Offences that is punishable under FSSAI

Offences that is punishable under FSSAI

Why is FSSAI License needed?

FSSAI or The Food Safety and Standards Authority of India is composed with the help of the Ministry of Health & Family Welfare. The authority is responsible to supervise the proper implementation of FSS Act. This Act is implemented on various food business endeavors. Under this Act, all food manufacturing units may function from one contact.

FSSAI ensures that the food manufacturers follow all lay upon rules and regulations while operating. FSSAI has dictated the procedures applicable for all food operators in order to obtain a food license. The license or registration can be categorized into three types. On the basis of business category & income, FBO suggests the suitable license type. All businesses which have an annual income below Rs. 12, 00,000 require a registration. A state license is mandatory for businesses with an annual income ranging from Rs. 12 Lakh to Rs. 20 Crore. A Central License is needed for manufacturers whose annual business turnover exceeds Rs. 20 Crore. FSSAI Act is bestowed upon the responsibility to check upon the offenses committed and decides upon the penalties for committing those offenses.

Misconduct by businesses

The FSSAI Act dictates offenses committed by Private Limited Company,One Person Company, Limited Company and states the penalties for them. Under this Act, when an offense is committed, all individuals engaged in the offense along with the company are pronounced guilty and procedural charges will be brought against them. When a company has different branches, the Head or the official authority of that food manufacturing unit will be held accountable for the misconduct. The Director, Administrator, Secretary or other in charge officials of the Company is held responsible for offenses against the Act and will be punished accordingly. An individual is held responsible for selling another trader any food product if that transaction does not follow the provisions of the regulations of the Act.

Penalties

1. The traders will be penalized for selling food products of nature or material or quality which is not as same as demanded. Thereafter, the individual will have to make a payment not more than five lakh rupees as a However, as per Section 31 (2), petty manufacturer, vendors’ dealers, small scale industry and more are liable to pay a penalty up to Rs. 25,000.
2. There is also a penalty for supplying and selling of inadequate food items. When the manufacturer or a representative of the manufacturer sells or circulates items of food for human intake which is not of the proper standard, is held legally responsible and is bound to pay an amount of five lakh rupees.
3. Similarly, there will also a penalty for supplying and selling of food items that are not branded or misbranded. When the manufacturer or a representative of the manufacturer vend or circulates items of food for human intake which is misbranded, is held legally responsible and is bound to pay an amount of three lakh rupees. In such a circumstance, the Adjudicating Officer is entitled to file a charge against the accused individual. Moreover, the officer will take all the necessary remedial measures to rectify the error. Alternatively, the food item shall be damaged by the Officer.
4. When a food item contains any extraneous material, the manufacturer or a representative of the manufacturer who vends or circulates items of food for human intake is answerable to the law and are reprimanded. They have to pay an amount which may extend to 1 lakh rupees.
5. When the manufacturer or a representative of the manufacturer who vends or circulates items of food for human intake is manufactured and processes in contaminated or shall penalize and will have to pay up to one lakh rupees.
6. When the manufacturer or a representative of the manufacturer who vends or circulates items of food for human intake ends up causing damage or harm to the customer or demise of the customer, the Adjudicating Officer is entitled to make the food manufacturer pay reparation to the victim or the legal agent of the victim an agreed.
7. The amount to be paid in case of a death shan't be less than Rs five lakh.
8. In case the food item causes serious injury to the consumer, then an amount not beyond three lakh rupees shall be paid as compensation.
9. Moreover, when other injuries are involved, an amount not above one lakh rupees shall be compensated. All the above compensation shall be paid within six months of the date of the unfortunate.
10. In addition, within thirty days of the occurrence, a provisional aid shall be paid to the next of the kith and kin. Where such incidents have taken place, the Adjudicating Officer is entitled to revoke the order the license. Moreover, the property shall be surrendered in case of demise of consumer or severe injury.
11. There is also penalty stated for offenses which involve publishing of deceptive advertisement. Thus, where an individual publishes or is an accomplice in that publication of the misleading description of any food, thereafter the individual shall be penalized. Moreover, when any party is actively involved in promoting misleading nature and/or quality of any food shall be accountable to a penalty not beyond to Rs 10 lakh.
12. Furthermore, on failure to meet the terms of Food Safety Officer, the Food business manufacturer or supplier shall be liable to pay a penalty of Rs 2 Lakh.

In conclusion wherein, any Company found to have hired a Food Dealer while lacking the FSSAI License or Registration will be put on trial by FSSAI or the FDA. Moreover, the officials will act against the guilty individual, in the absence of accurate documents. The penalties to be paid will range from 1,00,000/- to 10,00,000/-. In addition, depending on the severity of the offense, the individual can be imprisoned for six months or serve till lifetime. Thus, it is crucial for all food manufacturing units to have a through understanding about the “offenses that are punishable under FSSAI”, and maintain proper documentation in order to avoid the penalties.