What factors are considered while deciding the quantum of penalty?

Section 49 requires the Adjudicating Officer or Tribunal, as applicable, to consider the amount of gain or unfair advantage, the loss caused or likely to be caused, the repetitive nature of the contravention, whether the contravention occurred without knowledge, and any other relevant factor.

What is the penalty for selling food not of the nature, substance or quality demanded?

Under section 50, a person who sells food to the purchaser's prejudice that does not comply with the Act or regulations, or is not of the nature, substance or quality demanded, may be liable to a penalty up to ₹5 lakh. Persons covered by section 31(2) may be liable up to ₹25,000.

What is the penalty for sub-standard food?

Section 51 provides a penalty up to ₹5 lakh for manufacturing for sale, storing, selling, distributing or importing food for human consumption that is sub-standard.

What is the penalty for misbranded food?

Section 52 provides a penalty up to ₹3 lakh for manufacturing for sale, storing, selling, distributing or importing misbranded food. The Adjudicating Officer may also direct corrective action or destruction of the food, as provided by the section.

What is the penalty for a misleading food advertisement?

Section 53 provides a penalty up to ₹10 lakh for publishing, or being a party to publication of, an advertisement that falsely describes food, is likely to mislead about its nature, substance or quality, or gives a false guarantee.

What is the penalty for food containing extraneous matter?

Section 54 provides a penalty up to ₹1 lakh for manufacturing for sale, storing, selling, distributing or importing food for human consumption containing extraneous matter.

What is the penalty for failing to comply with directions of a Food Safety Officer?

Section 55 provides a penalty up to ₹2 lakh where a Food Business Operator or importer, without reasonable ground, fails to comply with requirements of the Act, rules, regulations or orders as directed by a Food Safety Officer.

What is the penalty for unhygienic or unsanitary processing or manufacture of food?

Section 56 provides a penalty up to ₹1 lakh for manufacturing or processing food for human consumption under unhygienic or unsanitary conditions.

What is the penalty for possessing or dealing in an adulterant?

Under section 57, an adulterant that is not injurious to health may attract a penalty up to ₹2 lakh, while an adulterant that is injurious to health may attract a penalty up to ₹10 lakh. Holding it on behalf of another person is not, by itself, a defence.

What is the general penalty where no specific penalty is provided?

Section 58 provides a penalty up to ₹2 lakh for contravention of the Act, rules or regulations where Chapter IX does not separately provide a penalty.

What is the punishment for unsafe food?

Section 59 grades punishment by consequence. Where unsafe food causes no injury, section 59(i), as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 and brought into force on 7 November 2023, provides imprisonment up to 3 months and fine up to ₹3 lakh. Where it causes non-grievous injury, punishment may extend to 1 year plus fine up to ₹3 lakh; grievous injury may attract imprisonment up to 6 years plus fine up to ₹5 lakh; and death may attract imprisonment of not less than 7 years, extendable to life, plus fine of not less than ₹10 lakh.

What is the punishment for interfering with seized food or other seized items?

Section 60 provides imprisonment up to 6 months and fine up to ₹2 lakh where a person, without permission of the Food Safety Officer, retains, removes or tampers with seized food, vehicle, equipment, package, labelling or advertising material or another seized thing.

What is the current penalty for giving false information under the Act?

Section 61 was decriminalised by the Jan Vishwas (Amendment of Provisions) Act, 2023. From 7 November 2023, knowingly providing false or misleading information or documents in connection with a requirement or direction under the Act attracts a penalty up to ₹10 lakh; the earlier imprisonment provision is no longer the current law.

What is the punishment for obstructing or impersonating a Food Safety Officer?

Section 62 provides imprisonment up to 3 months and fine up to ₹1 lakh for, without reasonable excuse, resisting, obstructing, attempting to obstruct, impersonating, threatening, intimidating or assaulting a Food Safety Officer in the exercise of functions under the Act.

What is the current penalty for carrying on a food business without a required licence?

Section 63 was decriminalised by the Jan Vishwas (Amendment of Provisions) Act, 2023. From 7 November 2023, a person or Food Business Operator who is required to obtain a licence but carries on the specified food business without one is liable to a penalty up to ₹10 lakh. Persons falling within section 31(2) are governed by the registration framework instead of the licensing requirement.

Updated: 1 September 2026

Food Safety and Standards Act, 2006: Penalties, Punishments, Compounding, Appeals and Limitation

This guide covers monetary penalties, criminal punishment for unsafe food, misleading advertisements, adulterants, licence violations, company liability, compensation, compounding, adjudication, Food Safety Appellate Tribunal procedure, Special Courts, appeals and limitation for prosecution.

Important amendment: The Jan Vishwas (Amendment of Provisions) Act, 2023 changed three important provisions with effect from 7 November 2023. Section 59(i) now provides up to 3 months' imprisonment and fine up to ₹3 lakh where unsafe food causes no injury. Sections 61 and 63 were decriminalised and now provide monetary penalties up to ₹10 lakh for false information and carrying on a licensable food business without licence.

Criminal-procedure update: The Food Safety and Standards Act still contains several textual references to the Code of Criminal Procedure, 1973. The CrPC was repealed from 1 July 2024 by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to savings and transitional provisions. Current proceedings should therefore be handled with reference to the FSS Act, BNSS, applicable rules and binding judicial interpretation.

37 Updated Questions and Answers

S.No.	Legal Term / Question	Updated Answer
1	What factors are considered while deciding the quantum of penalty?	Section 49 requires the Adjudicating Officer or Tribunal, as applicable, to consider the amount of gain or unfair advantage, the loss caused or likely to be caused, the repetitive nature of the contravention, whether the contravention occurred without knowledge, and any other relevant factor.
2	What is the penalty for selling food not of the nature, substance or quality demanded?	Under section 50, a person who sells food to the purchaser's prejudice that does not comply with the Act or regulations, or is not of the nature, substance or quality demanded, may be liable to a penalty up to ₹5 lakh. Persons covered by section 31(2) may be liable up to ₹25,000.
3	What is the penalty for sub-standard food?	Section 51 provides a penalty up to ₹5 lakh for manufacturing for sale, storing, selling, distributing or importing food for human consumption that is sub-standard.
4	What is the penalty for misbranded food?	Section 52 provides a penalty up to ₹3 lakh for manufacturing for sale, storing, selling, distributing or importing misbranded food. The Adjudicating Officer may also direct corrective action or destruction of the food, as provided by the section.
5	What is the penalty for a misleading food advertisement?	Section 53 provides a penalty up to ₹10 lakh for publishing, or being a party to publication of, an advertisement that falsely describes food, is likely to mislead about its nature, substance or quality, or gives a false guarantee.
6	What is the penalty for food containing extraneous matter?	Section 54 provides a penalty up to ₹1 lakh for manufacturing for sale, storing, selling, distributing or importing food for human consumption containing extraneous matter.
7	What is the penalty for failing to comply with directions of a Food Safety Officer?	Section 55 provides a penalty up to ₹2 lakh where a Food Business Operator or importer, without reasonable ground, fails to comply with requirements of the Act, rules, regulations or orders as directed by a Food Safety Officer.
8	What is the penalty for unhygienic or unsanitary processing or manufacture of food?	Section 56 provides a penalty up to ₹1 lakh for manufacturing or processing food for human consumption under unhygienic or unsanitary conditions.
9	What is the penalty for possessing or dealing in an adulterant?	Under section 57, an adulterant that is not injurious to health may attract a penalty up to ₹2 lakh, while an adulterant that is injurious to health may attract a penalty up to ₹10 lakh. Holding it on behalf of another person is not, by itself, a defence.
10	What is the general penalty where no specific penalty is provided?	Section 58 provides a penalty up to ₹2 lakh for contravention of the Act, rules or regulations where Chapter IX does not separately provide a penalty.
11	What is the punishment for unsafe food?	Section 59 grades punishment by consequence. Where unsafe food causes no injury, section 59(i), as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 and brought into force on 7 November 2023, provides imprisonment up to 3 months and fine up to ₹3 lakh. Where it causes non-grievous injury, punishment may extend to 1 year plus fine up to ₹3 lakh; grievous injury may attract imprisonment up to 6 years plus fine up to ₹5 lakh; and death may attract imprisonment of not less than 7 years, extendable to life, plus fine of not less than ₹10 lakh.
12	What is the punishment for interfering with seized food or other seized items?	Section 60 provides imprisonment up to 6 months and fine up to ₹2 lakh where a person, without permission of the Food Safety Officer, retains, removes or tampers with seized food, vehicle, equipment, package, labelling or advertising material or another seized thing.
13	What is the current penalty for giving false information under the Act?	Section 61 was decriminalised by the Jan Vishwas (Amendment of Provisions) Act, 2023. From 7 November 2023, knowingly providing false or misleading information or documents in connection with a requirement or direction under the Act attracts a penalty up to ₹10 lakh; the earlier imprisonment provision is no longer the current law.
14	What is the punishment for obstructing or impersonating a Food Safety Officer?	Section 62 provides imprisonment up to 3 months and fine up to ₹1 lakh for, without reasonable excuse, resisting, obstructing, attempting to obstruct, impersonating, threatening, intimidating or assaulting a Food Safety Officer in the exercise of functions under the Act.
15	What is the current penalty for carrying on a food business without a required licence?	Section 63 was decriminalised by the Jan Vishwas (Amendment of Provisions) Act, 2023. From 7 November 2023, a person or Food Business Operator who is required to obtain a licence but carries on the specified food business without one is liable to a penalty up to ₹10 lakh. Persons falling within section 31(2) are governed by the registration framework instead of the licensing requirement.
16	What is the law on subsequent offences?	Section 64 applies where a person, after having been previously convicted of an offence punishable under the Act, subsequently commits and is convicted of the same offence. It provides enhanced consequences including up to twice the punishment that could have been imposed on first conviction, subject to the statutory maximum, a daily fine for a continuing offence, and cancellation of licence. The section should not be treated as automatically applying to every civil penalty provision.
17	What compensation can be ordered for injury or death caused by food?	Under section 65, compensation may be directed in addition to other consequences: not less than ₹5 lakh in case of death, up to ₹3 lakh for grievous injury and up to ₹1 lakh for other injury. The Act also provides for payment within the statutory period and interim relief to next of kin in case of death.
18	How does the Act deal with offences by companies?	Section 66 can make the company and persons who were in charge of and responsible for the conduct of its business liable, subject to the statutory defence of lack of knowledge or due diligence. Where consent, connivance or neglect of a director, manager, secretary or other officer is proved, that person may also be proceeded against.
19	Are penalties under the Food Safety Act additional to customs or foreign-trade liability for imports?	Yes. Section 67 provides that a person importing food in contravention of the Act, rules or regulations may be liable under the Food Safety and Standards Act in addition to liability under the Foreign Trade (Development and Regulation) Act, 1992 and the Customs Act, 1962. Non-compliant food may also be destroyed or returned where permitted by the competent authority.
20	Who acts as the Adjudicating Officer?	Section 68 provides that an officer not below the rank of Additional District Magistrate of the district where the alleged contravention is committed may be notified by the State Government as Adjudicating Officer. The current Rules should also be consulted because the Jan Vishwas amendments converted sections 61 and 63 into penalty provisions.
21	Can offences under the Food Safety and Standards Act be compounded?	Section 69 allows the Commissioner of Food Safety to empower the Designated Officer to accept composition money from specified petty manufacturers, retailers, hawkers, itinerant vendors and temporary stall holders. The composition amount cannot exceed ₹1 lakh, and an offence for which imprisonment is prescribed cannot be compounded under this section.
22	What is the Food Safety Appellate Tribunal and what procedure does it follow?	Sections 70 and 71 provide for Food Safety Appellate Tribunals to hear appeals from decisions of Adjudicating Officers. The Tribunal is not bound by the Code of Civil Procedure, 1908 but is guided by principles of natural justice and has specified civil-court powers. The applicable Food Safety and Standards Rules prescribe the appeal procedure.
23	What powers does the Food Safety Appellate Tribunal have?	Section 71 gives the Tribunal specified powers of a civil court, including summoning and examining persons on oath, requiring discovery and production of documents or electronic records, receiving evidence on affidavit, issuing commissions, reviewing decisions, dismissing matters for default and deciding them ex parte. Representation may be in person, by legal practitioners or by authorised officers.
24	What is the time limit for an appeal from the Food Safety Appellate Tribunal to the High Court?	Section 71(6) permits an appeal to the High Court within 60 days from communication of the Tribunal's decision or order on a question of fact or law. If sufficient cause is shown, the High Court may allow filing within a further period not exceeding 60 days.
25	Can a civil court entertain matters assigned to the Adjudicating Officer or Tribunal?	Section 72 bars civil-court jurisdiction over matters that the Adjudicating Officer or Tribunal is empowered to determine and also bars injunctions in respect of action taken or proposed under powers conferred by the Act.
26	What is the provision for summary trial?	Section 73 provides for summary trial of offences not triable by a Special Court before a Judicial Magistrate of the First Class or Metropolitan Magistrate. The section still contains textual references to the Code of Criminal Procedure, 1973. Since the CrPC was repealed from 1 July 2024, present-day procedure must be read with the Bharatiya Nagarik Suraksha Sanhita, 2023, its section 531 savings, and binding judicial interpretation.
27	When may a Special Court be constituted under the Food Safety Act?	Section 74 permits the Central or State Government, where expedient and necessary in the public interest and with concurrence of the Chief Justice of the High Court, to constitute Special Courts for offences relating to grievous injury or death for which imprisonment exceeding 3 years is prescribed.
28	Can a Special Court hold proceedings at a place other than its ordinary sitting?	Yes. Section 74(2) allows a Special Court, on its own motion or on an application by the Public Prosecutor, to sit for any of its proceedings at another place if it considers this expedient or desirable. The provision does not confer a separate power to 'suo motu register' an offence.
29	Do Special Court trials receive precedence?	Yes. Section 74(3) gives a trial before a Special Court under the Act precedence over the trial of another case against the accused in a court that is not a Special Court, and the other trial is to remain in abeyance as provided by the section.
30	Who may be appointed as Public Prosecutor or Special Public Prosecutor for a Special Court?	Section 74(4) provides for appointment of Public Prosecutors and Additional Public Prosecutors for Special Courts and permits appointment of a Special Public Prosecutor for a case or class of cases. The statutory qualification is at least 7 years' practice as an advocate or at least 7 years in a qualifying government post requiring special knowledge of law.
31	Can a Special Court transfer a case to a regular court?	Yes. Section 75 provides that if, after taking cognizance, a Special Court concludes that an offence is not triable by it, the case is to be transferred to a court having jurisdiction. The section still refers to the CrPC, so current procedure must be understood with the BNSS repeal-and-savings framework.
32	What is the time limit to appeal from a Special Court to the High Court?	Section 76 allows an aggrieved person to appeal to the High Court within 45 days from service of the Special Court's decision or order, subject to the prescribed fee and statutory deposit requirements. The High Court may entertain a delayed appeal on sufficient cause. The appeal is to be heard by a Bench of not less than two judges.
33	What is the limitation period for prosecution under the Food Safety and Standards Act?	Section 77 provides that a court shall not take cognizance after 1 year from the date of commission of the offence. The Commissioner of Food Safety may, for reasons recorded in writing, approve prosecution within an extended period up to 3 years.
34	Can the court proceed against an importer, manufacturer, distributor or dealer who was not originally prosecuted?	Section 78 permits the court, when evidence during trial shows that an importer, manufacturer, distributor or dealer is also concerned with the offence, to proceed against that person as though prosecution had been instituted under the Act. The section still refers to section 319(3) CrPC; post-1 July 2024 procedural questions should be considered with the BNSS and transitional law.
35	Can a Magistrate impose punishment beyond ordinary sentencing limits?	Section 79 authorises a court of ordinary jurisdiction to pass a sentence authorised by the Food Safety and Standards Act, subject to the limitation stated in that section. Its textual reference to section 29 CrPC must now be considered in light of the BNSS, which replaced the CrPC from 1 July 2024 subject to section 531 savings.
36	What statutory defences are available in prosecutions under the Act?	Section 80 contains detailed rules on defences. They include a limited defence for publishers of advertisements acting in the ordinary course of business, a due-diligence defence in specified circumstances, rules concerning reliance on another person's acts or information, and a defence in certain section 56 cases involving destruction or disposal of food. A merely mistaken but reasonable belief as to facts constituting the offence is not a defence, and ignorance of the nature, substance or quality of unsafe or misbranded food is not by itself a defence.
37	How is an unpaid penalty recovered?	Section 96 provides that an unpaid penalty may be recovered as an arrear of land revenue and that the defaulter's licence is to be suspended until the penalty is paid.

Current penalty structure at a glance

The Act separates adjudicable monetary penalties from offences carrying imprisonment. Sections 50 to 58 mainly prescribe monetary penalties. Section 59 escalates criminal punishment according to the consequence caused by unsafe food. Sections 61 and 63 are now penalty provisions following the 2023 Jan Vishwas amendment, while sections such as 60 and 62 continue to prescribe imprisonment and fine.

Appeals and limitation

Appeals from Adjudicating Officers are dealt with through the Food Safety Appellate Tribunal framework under sections 70 and 71 and the Food Safety and Standards Rules. A further appeal from the Tribunal to the High Court is ordinarily available within 60 days, with a possible further period not exceeding 60 days on sufficient cause. Appeals from Special Courts under section 76 are ordinarily filed within 45 days from service of the order. Section 77 generally bars cognizance after one year from the offence, subject to written approval by the Commissioner of Food Safety for prosecution within an extended period up to three years.

Official legal sources

For the current law, refer to the Food Safety and Standards Act, 2006 - FSSAI, the official FSSAI Act Amendments page, the FSS Act Enforcement Notifications, the FSSAI Regulations repository, FoSCoS, and India Code. For post-1 July 2024 criminal procedure, use the Ministry of Home Affairs - New Criminal Laws.

Disclaimer: This page is general legal information. The applicable consequence depends on the exact section, nature of food, injury caused, licence status, evidence, procedural stage, State enforcement structure, amendments, rules, notifications and binding judicial decisions.