corporate law
Published on 10 April 2025
Understanding Food Safety Regulations in India: The FSS Act Explained
**## Understanding Food Safety in India: The Role of the FSS Act
Food safety is an essential public health concern in India and falls under the purview of the Food Safety and Standards Act, 2006 (FSS Act). The article examines the role and responsibilities of Adjudicating Officers and the Food Safety Appellate Tribunal, outlines various offences as defined in the Act, and considers associated penalties, alongside recent updates from the Food Safety and Standards Authority of India (FSSAI).
Adjudicating Officer: Authority and Recent Amendments
Definition and Appointment
Adjudicating Officers, appointed by the State Government, shall be of the rank of Additional District Magistrate or above. Adjudicating Officers will have the powers of a Civil Court and their procedure would be as judicial as contemplated by the Indian Penal Code.
Key Responsibilities
The Adjudicating Officer is mainly required to adjudicate offences and fix penalties for violations of the FSS Act which do not need criminal prosecution.
- Fixing Penalties: Under Section 49, penalties are fixed taking into account:
- The gravity of the offence
- The extent of harm caused
- Intent or repetition of the offence
Due Process
Before issuing any orders or penalties, a fair hearing must be conducted, in accordance with natural justice principles.
Recent Example
An Adjudicating Officer in North Goa imposed penalties in March 2024 on a number of bakeries for selling low-quality foods containing unauthorized synthetic colors, indicating the enforcement of the Act.
They can appeal within 30 days before the Food Safety Appellate Tribunal if they are aggrieved by the order of an Adjudicating Officer.
Food Safety Appellate Tribunal: Structure and Role
Establishment and Authority
The Food Safety Appellate Tribunal is established by the Central or State Government and is notified in the Official Gazette. It shall consist of one member who has been a District Judge to be familiar with food safety matters.
Procedural Independence
Though not regulated by the Civil Procedure Code of 1908, the Tribunal is constrained to follow canons of natural justice and possess authority to design its own rules of procedure to make adjudications more efficient.
Powers and Appeals
Similar to Adjudicating Officers, Tribunal also has powers of a Civil Court, its proceeding thus forming a judicial proceeding under the IPC. Appeals over Tribunal orders could be made within 60 days to the High Court.
Offences and Penalties: Recent Developments
The FSS Act prescribes varying penalties, with recent amendments advancing sanctions on some violations:
| Offence | Section | Maximum Penalty |
|---|---|---|
| Selling products below anticipated quality or standards | 50 | ₹5,00,000 |
| Selling sub-standard food | 51 | ₹5,00,000 |
| Misbranded food | 52 | ₹3,00,000 |
| Misleading advertisement | 53 | ₹10,00,000 |
| Extraneous material with food | 54 | ₹1,00,000 |
| Violation of instructions from Food Safety Officer | 55 | ₹2,00,000 |
| Unhygienic processing/manufacturing of food | 56 | ₹1,00,000 |
| Possession of non-harmful adulterants | 57 | ₹2,00,000 |
| Possession of harmful adulterants | 57 | ₹10,00,000 |
| Offences without stipulated penalties | 58 | ₹2,00,000 |
Penalties for Hazardous Food (Section 59)
- No Harm: imprisonment for a period not more than 6 months and/or fine up to ₹1,00,000
- Non-Grievous Injury: Max. 1 year's imprisonment and/or max. ₹3,00,000 fine
- Grievous Injury: Max. 6 years' imprisonment and/or max. ₹5,00,000 fine
- Death: Min. 7 years' imprisonment (extendable to life) and min. ₹10,00,000 fine
Major Additional Penalties
- Obstruction of goods seized: Max. 6 months' imprisonment and/or a fine of max. ₹2,00,000 (Section 60)
- Providing false information: Imprisonment for a maximum of 3 months and/or a fine of up to ₹2,00,000 (Section 61)
- Obstruction or impersonation of a Food Safety Officer: Imprisonment for a maximum of 3 months and/or a fine of up to ₹1,00,000 (Section 62)
- Operating without a food business license: Imprisonment for a maximum of 6 months and/or a fine of up to ₹5,00,000 (Section 63)
Recent Amendments
The 2024 Amendment Bill puts stricter regulation on unhealthy foods targeting children in educational institutions, expanding the definitions of "child" and "educational institution."
- Victims Compensation: Officials can force compensation up to ₹3,00,000 for grievous injuries and at least ₹5,00,000 in the event of death (Section 65).
- Repeat Offenders: Higher penalties, including license cancellation and doubling of punishment for repeat offenses, have been put into action (Section 64).
Recent Example
In March 2024, some bakeries in Goa were fined between ₹10,000 and ₹20,000 for selling "Mix Shev" and "Jaggery" containing unauthorized synthetic color, showing the intricacy of enforcement under the Act.
Practical Insights and Considerations
Principles of Natural Justice
The Adjudicating Officer and the Tribunal have to provide transparency, equity, and the right to be heard, showing fundamental administrative justice.
Corporate Accountability
Where there is a violation, the individuals in charge at the time, including directors and managers, can be held criminally liable if negligence or consent were involved in the violation.
Comprehensive Regulatory Framework
The FSS Act supplants all earlier food-related laws in India, providing one regulatory framework.
Recurring Violations
For repeated offences, additional daily penalties can increase to ₹1,00,000, and licences can be revoked from repeat offenders.
Continued Monitoring and Adaptations
The FSSAI and State Food Authorities regularly change rules to reduce the promotion and sale of unhealthy foods, especially near schools.
Conclusion: The Importance of Food Safety
Food safety legislation is essential for the preservation of public health. Providing accountability for all stake holders in the food chain, the FSS Act ensures consumer protection against unsafe and inferior food products. The recent enforcement drives, such as that which has been seen in Goa, reflect the determination of the authorities to implement food safety standards. With legislative progress continuing to be made, India is well on its way to a healthy future, particularly for its youth.