Oct 1, 2020
FSSAI has emphasized that to avoid any untoward punishment, all the food businesses must submit genuine information only, whether they are submitting directly or through their agents or consultants.
The advisory by the FSSAI has stated that ‘It may be advised to all the stakeholders that the defence of lack of due diligence on part of the agent or the consultant engaged by the FBOs may not be admissible’.
The advisory further stated that the FBOs are advised to ensure that no information submitted by them or their agent should be false or misleading 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,” reads the advisory.
The Section 61 prescribes punishment for false information and it says, “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 be extended to three months and also with fine which may extend to two lakh rupees.”
According to the FSSAI, it has sought legal opinion on the matter and the advisory further refers to Sec 80 (B) of the FSS Act which deals with the ‘defence of due diligence’ under Section 80 (which may or may not be allowed in prosecution under the FSS Act).
‘Under this proviso, another person does not include a person who was ‘’an employee or agent of the defendant” and thus the said defence of lack of due diligence by the agent/ consultant may not be admissible to the FBO.
The FSSAI has also referred the advisory to all the Commissioners of Food Safety of all states and Union territories along with all Central licensing authorities of metropolis of Delhi, Mumbai, Chennai, Kolkata and Guwahati, concerning the matter for appropriate action.