Section 49

General provisions relating to penalty.

The Food Safety and Standards Act, 2006

  • Act 34 of 2006
  • Ministry of Health and Family Welfare
  • Department of Health and Family Welfare
About this Act

An Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying 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 human consumption and for matters connected therewith or incidental thereto.

All sections
    While adjudging the quantum of penalty under this Chapter, the Adjudicating Officer or the Tribunal, as the case may be, shall have due regard to the following:--
         (a) the amount of gain or unfair advantage, wherever quantifiable, made as a result of the contravention,
         (b) the Amount of loss caused or likely to cause to any person as a result of the contravention,
         (c) the repetitive nature of the contravention,
         (d) whether the contravention is without his knowledge, and
         (e) any other relevant factor.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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