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Offences, penalties & adjudication related to food
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Tuesday, 14 December, 2021, 13 : 00 PM [IST]
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Ganesh Gaikwad & Dr Rajesh Kshirsagar
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Food means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption.
Adulterant means any material which is or could be employed for making the food unsafe or Sub-standard or mis-branded or containing extraneous matter.
Contaminant means any substance, whether or not added to food but which is present in such food as a result of the production, manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food.
Extraneous matter means any matter contained in an article of food which may be carried from the raw materials, packaging materials or process systems used for its manufacture or which is added to it, but such matter does not render such article of food unsafe.
Sub-standard, an article of food shall be deemed to be Sub-standard if it does not meet the specified standards but not so as to render the article of food unsafe; unsafe food means an article of food whose nature, substance or quality is so affected as to render it injurious to health.
Offences and Penalties
Section 48. General provisions relating to offences
(1) A person may render any article of food injurious to health by means of one or more of the following operations, namely: -
(a) adding any article or substance to the food;
(b) using any article or substance as an ingredient in the preparation of the food;
(c) abstracting any constituents from the food; or
(d) subjecting the food to any other process or treatment, with the knowledge that it may be sold or offered for sale or distributed for human consumption.
(2) In determining whether any food is unsafe or injurious to health, regard shall be had to –
(a) (i) the normal conditions of use of the food by the consumer and its handling at each stage of production, processing and distribution;
(ii) the information provided to the consumer, including information on the label, or other information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food or category of foods not only to the probable, immediate or short-term or long-term effects of that food on the health of a person consuming it, but also on subsequent generations;
(iii) to the probable cumulative toxic effects;
(iv) to the particular health sensitivities of a specific category of consumers where the food is intended for that category of consumers; and
(v) also to the probable cumulative effect of food of substantially the same composition on the health of a person consuming it in ordinary quantities;
(b) the fact where the quality or purity of the article, being primary food, has fallen below the specified standard or its constituents are present in quantities not within the specified limits of variability, in either case, solely due to natural causes and beyond the control of human agency, then such article shall not be deemed to be unsafe or Sub-standard or food containing extraneous matter.
Section 49. General provisions relating to penalty
While adjudging the quantum of penalty under this Chapter X, the Adjudicating Officer
or the Tribunal, as the case may be, shall have due regard to the following: -
(a) The amount of gain or unfair advantage, wherever quantifiable, 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 without his knowledge, and
(e) Any other relevant factor.
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 Act 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 lakh rupees.
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. 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 article of food for human consumption which is Sub-standard, shall be liable to a penalty which may extend to five lakh rupees.
Section 52. Penalty for misbranded food
(1) 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.
(2) The Adjudicating Officer may issue a direction to the person found guilty of an offence under this section, for taking corrective action to rectify the mistake or such article of food shall be destroyed.
Section 53. Penalty for misleading advertisement
(1) Any person who publishes, or is a party to the publication of an advertisement, which–
(a) falsely describes any food; or
(b) is likely to mislead as to 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.
(2) In any proceeding the fact that a label or advertisement relating to any article of food in respect of which the contravention is alleged to have been committed contained an accurate statement of the composition of the food shall not preclude the court from finding that the contravention was committed.
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. Penalty for failure to comply with the directions of Food Safety Officer
If a food business operator or importer without reasonable ground, fails to comply with the requirements of this Act or the rules or regulations or orders issued thereunder, as directed by the Food Safety Officer, he shall be liable to a penalty which may extend to two lakh rupees.
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 which may extend to one lakh rupees.
Section 57. Penalty for possessing adulterant
(1) Subject to the provisions of this chapter, if any person who whether by himself or by any other person on his behalf, imports or manufactures for sale, or stores, sells or distribute any adulterant shall be liable –
(i) where such adulterant is not injurious to health, to a penalty not exceeding two lakh rupees;
(ii) where such adulterant is injurious to health, to a penalty not exceeding ten lakh rupees.
(2) In a proceeding under sub-section (1), it shall not be a defence that the accused was holding such adulterant on behalf of any other person.
Section 58. Penalty for contraventions for which no specific penalty is provided
Whoever contravenes any provisions of this Act or the rules or regulations made thereunder, for the contravention of which no penalty has been separately provided in this Chapter X, shall be liable to a penalty which may extend to two lakh rupees.
Section 59. Punishment for unsafe 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 unsafe, shall be punishable,–
(i) where such failure or contravention does not result in injury, with imprisonment for a term which may extend to six months and also with fine which may extend to one lakh rupees;
(ii) 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 fine which may extend to three lakh rupees;
(iii) where such failure or contravention results in a grievous injury, with imprisonment for a term which may extend to six years and also with fine which may extend to five lakh rupees;
(iv) where such failure or contravention results in death, with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh Rupees.
Section 60. Punishment for interfering with seized items
If a person without the permission of the Food Safety Officer, retains, removes or tampers with any food, vehicle, equipment, package or labelling or advertising material or other thing that has been seized under this Act, he shall be punishable with imprisonment for a term which may extend to six months and also with fine which may extend to two lakh rupees.
Section 61. Punishment for false information
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 62. Punishment for obstructing or impersonating a Food Safety Officer
If a person without reasonable excuse, resists, obstructs, or attempts to obstruct, impersonate, threaten, intimidate or assault a Food Safety Officer in exercising his functions under this Act, he shall be 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 licence
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 licence, manufacturers, sells, stores or distributes or imports any article of food without licence, 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.
Section 64. Punishment for subsequent offences
(l) If any person, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offence, he shall be liable to—
(i) twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence;
(ii) a further fine on daily basis which may extend up to one lakh rupees, where the offence is a continuing one; and
(iii) his licence shall be cancelled.
(2) The Court may also cause the offender’s name and place of residence, the offence and the penalty imposed to be published at the offender’s expense in such newspapers or in such other manner as the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine.
Section 65. Compensation in case injury of death of consumer
(l) Without prejudice to the other provisions of this Chapter, if any person whether by himself or by any other person on his behalf, manufactures or distributes or sells or imports any article of food causing injury to the consumer or his death, it 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—
(a) not less than five lakh rupees in case of death;
(b) not exceeding three lakh rupees in case of grievous injury; and
(c) not exceeding one lakh rupees, in all other cases of injury: Provided that the compensation shall be paid at the earliest and in no case later than six months from the date of occurrence of the incident: Provided further that in case of death, an interim relief shall be paid to the next of the kin within thirty days of the incident.
(2) Where any person is held guilty of an offence leading to grievous injury or death, the Adjudicating Officer or the court may cause the name and place of residence of the person held guilty, the offence and the penalty imposed to be published at the offender’s expense in such newspapers or in such other manner as the Adjudicating Officer or the court may direct and the expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine.
(3) The Adjudicating Officer or the court may also,-
(a) order for cancellation of licence, re-call of food from market, forfeiture of establishment and property in case of grievous injury or death of consumer;
(b) issue prohibition orders in other cases.
Section 68. Adjudication
(1) For the purposes of adjudication under this Chapter, an officer not below the rank of Additional District Magistrate of the district where the alleged offence is committed, shall be notified by the State Government as the Adjudicating Officer for adjudication in the manner as may be prescribed by the Central Government.
(2) The Adjudicating Officer shall, after giving the person a reasonable opportunity for making representation in the matter, and if, on such inquiry, he is satisfied that the person has committed the contravention of provisions of this Act or the rules or the regulations made thereunder, impose such penalty as he thinks fit in accordance with the provisions relating to that offence.
(3) The Adjudicating Officer shall have the powers of a civil court and
(a) all proceedings before him shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860);
(b) shall be deemed to be a court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
(4) while adjudicating the quantum of penalty under this Chapter, the Adjudicating Officer shall have due regard to the guidelines specified in section 49.
(Gaikwad is research scholar, College of Food Technology,
VNMKV, Parbhani.
Kshirsagar is head, department of food engineering, College of Food Technology, VNMKV, Parbhani. They can be reached at ganeshpg107@gmail.com)
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