In India, selling expired products is not just unethical but also illegal, with severe consequences for violators. Here’s an overview of the key laws that regulate the sale of expired goods and the penalties for non-compliance.
1. Section 273 of the Indian Penal Code, 1860
According to Section 273 of the Indian Penal Code, 1860, it is illegal to sell, show or offer food or drink that is spoiled or unsafe for consumption. If a person knowingly or negligently sells such items, they can face imprisonment for up to six months. In addition to jail time, offenders may be fined up to ₹1,000 or they could face both imprisonment and a fine.
2. The Packaged Commodities (Regulation) Order, 1975
The Packaged Commodities (Regulation) Order, 1975, mandates that all packaged goods must have clear labeling, including the manufacturing date and expiry date. This regulation ensures that consumers are informed about the product’s freshness and safety. Selling products without these crucial details can lead to significant legal repercussions.
3. The Food Safety and Standards Act of 2006 (FSSAI)
The Food Safety and Standards Act of 2006, overseen by the Food Safety and Standards Authority of India (FSSAI), is designed to ensure that all food products are safe for consumption. This act holds businesses accountable for maintaining the quality and safety of food products throughout their lifecycle, from manufacturing to sale.
Penalties and Offenses Under FSSAI
The FSSAI imposes substantial penalties for violations related to the sale of food products:
- Selling Misrepresented Food: A fine of up to ₹5 lakh can be imposed if the food sold does not match its description.
- Selling Substandard Food: If the food fails to meet quality standards, the fine can be up to ₹5 lakh.
- Misleading Labels: Incorrect or deceptive labeling can result in a fine of up to ₹3 lakh.
For more severe offenses, such as selling food that causes harm, the penalties can be even harsher. If the unsafe food results in a fatality, the responsible seller or manufacturer may face life imprisonment and a fine of up to ₹10 lakh.
These laws are in place to protect consumers and ensure that food safety is maintained. Violating these regulations not only jeopardizes public health but also leads to serious legal consequences.
