Food Safety and Standards Act, 2006 (FSSA)

 The Food Safety and Standards Act, 2006 (FSSA) establishes a dual enforcement architecture where central standard-setting functions operate alongside state-level operational execution. The Act distinguishes between civil contraventions (punishable by monetary penalties via administrative adjudication) and criminal offences (punishable by imprisonment via regular courts).

Enforcement Machinery and Regulatory Powers

• Commissioner of Food Safety (State Level): Appointed by the State Government under Section 30, serving as the apex authority in the state. Powers include prohibiting the manufacture, storage, or sale of any food article in the interest of public health, sanctioning prosecutions, and coordinating food safety administration.

• Designated Officer (District Level): Appointed under Section 36 (ranked not below Sub-Divisional Officer). Powers include issuing, suspending, or canceling licenses, serving improvement notices to Food Business Operators (FBOs), sanctioning or launching prosecutions, and forwarding non-criminal contraventions to the Adjudicating Officer.

• Food Safety Officer (Field Level): Operating under Section 38, FSOs hold direct search and seizure powers:

  • Inspect any premises where food is manufactured, stored, or exhibited for sale.

  • Procure and send samples to a Food Analyst for testing.

  • Seize and seal articles suspected of being unsafe or adulterated, or seize books of accounts and records.

• Adjudication Mechanism: Contraventions involving only monetary penalties are adjudicated by an Adjudicating Officer (an officer not below the rank of Additional District Magistrate). Appeals from this level lie with the Food Safety Appellate Tribunal (headed by a District Judge), and further appeals go to the High Court.

Penal Provisions and Offences (Chapter IX)

Section	Offence / Contravention	Statutory Penalty / Punishment
Section 50	Selling food not of nature, substance, or quality demanded	Fine up to ₹5 lakh (up to ₹25,000 for petty manufacturers)
Section 51	Manufacturing, storing, or selling substandard food	Fine up to ₹5 lakh
Section 52	Sale of misbranded food	Fine up to ₹3 lakh
Section 53	Publishing or airing misleading advertisements	Fine up to ₹10 lakh
Section 54	Food containing extraneous matter	Fine up to ₹1 lakh
Section 56	Unhygienic or unsanitary processing/manufacturing	Fine up to ₹1 lakh
Section 57	Possessing or dealing with adulterants	Up to ₹2 lakh (non-injurious); up to ₹10 lakh (injurious to health)
Section 59	Manufacturing/selling unsafe food (graded liability): • No injury • Non-grievous injury • Grievous injury • Resulting in death	Imprisonment up to 6 months + fine up to ₹1 lakh Imprisonment up to 1 year + fine up to ₹3 lakh Imprisonment up to 6 years + fine up to ₹5 lakh Imprisonment from 7 years to life + fine not less than ₹10 lakh
Section 63	Operating a food business without a mandatory license	Imprisonment up to 6 months and fine up to ₹5 lakh
Section 65	Mandatory compensation to consumer/legal heir	Minimum ₹5 lakh in case of death; up to ₹3 lakh for grievous injury; up to ₹1 lakh for other injuries
Section 66	Offences by companies	Vicarious liability extending to directors, managers, and individuals in charge of operations

Under Section 64, repeat convictions attract twice the penalty/punishment originally prescribed, daily compounding fines for continuing violations, and cancellation of the operating license.