FSSA Act
Food safety in India experienced enhancement through the implementation of the Food Safety and Standards Act, 2006. The Food Safety and Standards Authority of India (FSSAI) emerged from this legislation to oversee the entire food supply chain from manufacturing up to storage and distribution and retail sales and product importation.
The primary goal of the FSSA Act seeks two-fold objectives: protection of wholesome food for people alongside the formulation of scientific product standards while regulating Indian food businesses, and the elimination of multiple outdated procedures with a clear unified regulatory system.
Under the FSSA Act, authorities can inspect food operations then take regulatory actions against non-compliant foods while having the power to impose penalties on offenders.
Sections 48 to 67 of the FSSA Act deal with the offences and penalties thereof. The punishment ranges from life imprisonment along with possible monetary fines up to Rs. 10 lakhs depending on individual circumstances.
Provisions under the Indian Penal Code (IPC), 1860
Sections 272 and 273 of the IPC deal with adulteration (mixing harmful things) and the sale of harmful food. The Sections are quoted here for a better appreciation of the subject at hand.
Section 272 - Adulteration of food or drink intended for sale.—Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Section 273 - Sale of noxious food or drink.—Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Be it noted here that, in some states, special amendments to this section are there. For example, in Odisha, the punishment is life imprisonment instead of the prescribed six months' imprisonment.
In simpler words, Section 272 of the IPC makes it a crime to mix any harmful or poisonous substance into food or drink meant for sale. It specifically provides that the purpose of mixing is important, e.g., if it is done to sell the item or for someone else to consume, it constitutes a punishable offence.
Similarly, Section 273 of the IPC deals with the Sale of Harmful Food or Drink. This section punishes the sale of any food or drink that is known to be harmful or unfit for consumption. It is provided in this section that even if the seller did not adulterate it themselves, knowingly selling it is an offence.
Can the provisions of the FSSA Act and Sections 272 and 273 of the IPC go hand in hand?
This issue was put before the Hon’ble Supreme Court of India in the Matter of Ram Nath Vs State of Uttar Pradesh and others reported in (2024) 3 SCC 502. Here, the question before the court was as to whether Sections 272 and 273 of the IPC would be maintainable when the FSSA Act has overriding effect over all food-related laws. It was contended before the Court that Section 89 of the FSSA Act provides overriding effect over any other law in force. Reliance was placed under Section 5 of the IPC, which states that the provisions of the IPC would not apply to the provisions of any Special or Local Law. It was contended before the Hon’ble Supreme Court that Sections 272 and 273 of the IPC have lost their force when the provisions of the FSSA Act came into play.
The Hon’ble Supreme Court, while deciding the issue, held that as far as the offences relating to food and food safety are concerned, there are very exhaustive provisions made in the FSSA Act, and Section 59 of the Act specifically deals with the punishment for unsafe food. Further, it was held that Section 89 of the FSSA Act states that an overriding effect is given to the provisions of the act over any other law, which means it has an overriding effect over the Indian Penal Code, and as such, Sections 272 and 273 of the IPC would not be applicable. With such observations, the Hon’ble Supreme Court quashed and set aside the Order of the Allahabad High Court, which refused to quash the order of cognizance U/S 272 and 273 of IPC. It was, however, given liberty to the authorities to initiate appropriate proceedings in accordance with the law, i.e. FSSA Act.
Conclusion
Reference:
Ram Nath vs The State Of Uttar Pradesh
Supreme court holds that an overriding effect is given to the provisions of the FSSA over IPC
Section 59 of Food Safety and Standards Act overrides Sections 272 and 273 of Penal Code: Supreme CourtM/s Pepsico India Holdings (Pvt) Limited and others VS State of UP
