Penalties and punishments are different things
Chapter IX of the Food Safety and Standards Act has two kinds of consequence. Sections 50–58 are penalties — money, decided by an Adjudicating Officer. Sections 59–64 are offences — court matters that can carry imprisonment.
Every figure below is a maximum. Section 49 tells the Adjudicating Officer to weigh the gain made or the loss caused, whether the contravention repeats, and whether it was knowing. Nobody can tell you in advance what you’d actually be charged, and you should be wary of anyone who does.
Food Safety and Standards Act 2006, Chapter IX
Penalties (sections 50–58)
| Section | What it covers | Maximum |
|---|---|---|
| 50 | Food not of the nature, substance or quality demanded | Up to ₹5 lakh (₹25,000 for registered petty businesses) |
| 51 | Sub-standard food | Up to ₹5 lakh |
| 52 | Misbranded food | Up to ₹3 lakh |
| 53 | Misleading advertisement | Up to ₹10 lakh |
| 54 | Food containing extraneous matter | Up to ₹1 lakh |
| 55 | Failing to comply with a Food Safety Officer’s directions | Up to ₹2 lakh |
| 56 | Unhygienic or unsanitary processing or manufacture | Up to ₹1 lakh |
| 57 | Possessing an adulterant | Up to ₹2 lakh; up to ₹10 lakh if injurious to health |
| 58 | Any contravention with no specific penalty | Up to ₹2 lakh |
Offences (sections 59–64)
| Section | What it covers | Maximum |
|---|---|---|
| 59 | Unsafe food | No injury: up to 6 months and ₹1 lakh · non-grievous injury: up to 1 year and ₹3 lakh · grievous injury: up to 6 years and ₹5 lakh · death: 7 years to life and not less than ₹10 lakh |
| 63 | Carrying on business without a licence | Up to 6 months’ imprisonment and a fine up to ₹5 lakh |
| 64 | Repeat offences | Twice the punishment, up to ₹1 lakh a day for a continuing offence, and possible cancellation of the licence |
The ones food businesses actually meet
- Section 52, misbranding — the label. A missing allergen line, an undersized veg mark, a licence number that isn’t yours. Each SKU is its own exposure. Label review.
- Section 53, misleading claims — “natural”, “healthy”, “100%”, a picture of nuts the product barely contains. The highest ceiling a routine business faces.
- Section 63, no licence — including a licence whose kind of business no longer describes what you do, or one under deemed suspension for an unpaid fee.