FSSAI has issued an advisory dated 15 September 2020 where FSSAI has drawn reference to the provisions of Section-61 Punishment for False Information of FSS Act, 2006. FSSAI has reproduced Section-61 so as to draw attention to its provisions so that all Food Business Operators (FBOs) are aware.
61.Punishment for false information
If a person, in connection with a requirement or direction under this Act, provides any information or produces any document that the person knows is false or misleading, he shall be punishable with imprisonment for a term which may extend to three months and also with a fine which may extend to two lakh rupees.”
In this regard, further reference is drawn towards the Sec-80 (B) of FSS Act, 2006 that deals with the “Defence of due diligence under Section-80. “Defences which may or may not be allowed in prosecution under this Act.”
Under the Proviso- 3 (a) to sub-clause (a) of clause (2) another person does not include a person who was “(a) an employee or agent of the defendant” and thus the said defence of lack of due diligence by the consultant/agent may not be admissible to the FBO.
It may therefore, be advised to all the stakeholders that in view of the above legal position, the defence of lack of due diligence on the part of the agent or consultant engaged by the FBOs may not be admissible. Hence the FSSAI has advised all FBOs to ensure that no information submitted by them or their agent is false. This is in their own interest, otherwise the same may render the FBO and/or its agent/consultant liable for penal action under Section-61 of the FSS Act, 2006, rules and regulations made thereunder.
Source : FSSAI
Leave a Reply