Chapter: 4.4 Offences and Penalties of the Food Safety and Standards

The Pood Safety and Standards Act specifies very heavy fines ranging from Rs 1 lakh to Rs 10 lakh fin clauses 50-65 of the Acts accompanied with imprisonment, cancellation of license etc. The offen.ces are triable by a metropolitan magistrate or a magistrate of the first class.

The Adjudicating Officer / Court may also direct the accused / defaulter to pay compensation to the victim or the legal representative of the victim, which in case of death may be Rs. Five Lakhs, in case of grievous injury Rs. Three Lakhs and in all other cases of injury compensation of Rs. 1 lakh.

The Civil Court's jurisdiction has been expressly barred to entertain any suit or proceeding in respect of any matter which an Adjudicating Officer or the Tribunal-is empowered by or under this Act to determine. The Courts / any other authority are not empowered to issue any stay order on any action taken or to be taken in pursuance of any power conferred by or under this Act.

The Offences under this Act relating to grievous injury or death of the consumer for which punishment of imprisonment for more than three years has been prescribed shall be triable by a Special Court. Any person aggrieved by a decision or order of a Special Court may prefer an appeal to the High Court.

It is importantly provided that no court shall take cognizance of an offence under this Act after the expiry of the period of one year from the date of commission of an offence. However, the Commissioner of Pood Safety may, for reasons to be recorded in writing, approve prosecution within an extended period of up to three years.