Parliament Question: Monetary Penalties under Food Safety and Standards Act, 2006

GOVERNMENTOFINDIA MINISTRYOFHEALTH ANDFAMILYWELFARE DEPARTMENTOFHEALTH ANDFAMILYWELFARE LOK SABHA UNSTARREDQUESTION NO. 1074 TO BE ANSWERED ON24th JULY,2026 MONETARYPENALTIES UNDER FOOD SAFETYAND STANDARDS ACT, 2006 1074. SHRI ANURAG SHARMA: Will the Ministerof HEALTHANDFAMILYWELFAREbe pleasedtostate: (a) whether the Government has taken note that the existing flat monetary penalties under the Food Safety and Standards Act, 2006 are inadequate to deter large food manufacturing companiesfrom repeated violationsof food safety standards, if so, the detailsthereof; (b) whether the Government proposes to amend the Act to introduce turnover-linked penalties, proportionate to the annual turnover of the Food Business Operator (FBO), for cases involving food adulteration,misbranding andrepeatednon-compliance,if so, the detailsthereof; (c) whether the Government proposes to make Front-of-Pack (FOP) warning labels mandatory on pre-packaged foods containing high levels of sugar, salt and saturated fat in view of the observations of the Hon'ble Supreme Court regarding misleading food advertisements, if so, the detailsthereof; (d) the timeline fixed by the Food Safety and Standards Authority of India (FSSAI) for implementation of such labellingnorms; and (e) the steps taken/proposed to be taken by the Government to curb misleading health claims ("health-washing") inadvertisementsof ultra-processed food products? ANSWER THE MINISTER OFSTATE INTHE MINISTRYOFHEALTH ANDFAMILY WELFARE (SHRIPRATAPRAOJADHAV) (a) to (e): Food Safety and Standards Authority of India (FSSAI) is mandated to lay down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for humanconsumption. The implementation and enforcement of the Food Safety and Standards (FSS) Act, 2006isa shared responsibility between the Central andStateGovernments. The penalties and punishment under the FSS Act, 2006 are imposed in a graded manner depending on the nature & gravity of offence and accordingly, civil penalties for minor offences and punishment for serious violations are levied. These penalties & punishments are levied post enquiry/trial through judicial proceedings i.e. adjudication & prosecution as provided under the FSS Act 2006 by the Adjudication Court and by a Judicial Magistrate of the first class or by a Metropolitan Magistrate. Further, punishment for unsafe food includes imprisonment ranging from up to 3 months to imprisonment extending up to life imprisonment in cases resulting in death, along with substantial fines and penalties up to ₹10 lakh for offences such as sub-standard food, misleadingadvertisements, unhygienic processing, andpossession of adulterants. Further, Section 49of the Act mandates that while adjudging penalties, factors such as unfair gain, loss caused, repetitive nature of contravention, and other relevant considerations are taken into account to ensure proportional and deterrent punishment. In addition to above, Section 64 of FSS Act, 2006 provides Punishment for subsequent offences to ensure deterrence. FSSAIhasnotifiedthe FoodSafetyandStandards(Labellingand Display) Regulations, 2020 that mandates the mentioning of nutritional information on the labels w.r.t salt, sugar and fat for consumer to make informed choices while selecting the food articles. The matter of introducing Front of Pack Nutritional Labelling and rating system is sub-judice in the Hon’ble SupremeCourt of India. The FoodSafety andStandards (Advertising andClaims) Regulations, 2018 ensure that all claims must be truthful, unambiguous, meaningful, not misleading and help consumers to comprehendthe informationprovided,andshall not encourage or condone excess consumption of a particular food and prohibit any statement, suggestion, or implication that a balanced and varieddietcannotprovide the nutrientsrequiredbythe body inappropriate quantities. There shall not appear in the label of any package, containing food for sale the words “recommended by the medical or nutritionor health professionals” or any words which imply or suggest that the food is recommended, prescribed, or approved by medical practitioners or approved for medical purpose. No health claimsshall be made for foods thatcontain nutrients or constituents in quantity that increase the risk of disease or an adverse health-related condition.Moreover, FSSAI also operates a dedicated consumer grievance portal on Food Safety Compliance System (FoSCoS), where consumers can lodge complaints or report misleading claims against Food Business Operators (FBOs) via Food Safety Connect App (https://foscos.fssai.gov.in/consumergrievance/) or website. Consumer grievance received on the portal are forwarded to the concerned Food Business Operator (FBO) for resolution. If the FBO fails to address the complaint, the matter is escalated to the relevant licensing authority (State/UTor central)for assessment andappropriate action. *****