As you might have expected, there are certain pre-established rules in India regarding selling expired products, right? Well, this is actually a punishable offense and could lead someone (seller or manufacturer) to longer jail time and heavier fines. So, if you are wondering about what laws are there against selling expired products in India, then just keep on reading because that’s what we are all about today. Here we go now.
What Are The Laws Against Selling Expired Products in India?
1. Section 273 in The Indian Penal Code, 1860
If someone sells, shows, or offers any food or drink that’s gone bad or isn’t safe to eat or drink, and they know or should know it’s not safe, they can be sent to jail for up to six months. They might also have to pay a fine of up to 1,000 rupees, or they could face both jail time and a fine.
2. The Packaged Commodities (Regulation) Order, 1975
Imagine you pick up a pack of chips and you really can’t make out when it was manufactured or by when you are supposed to consume it. That’s a clear “NO” right there. This 1975 rule demands that every single packet of it should be marked to clearly indicate the date of manufacturing and the expiry date of the product. Selling the foodstuff without these dates? Well, one could get some serious legal raps from that one. This rule is there to make sure the food you’re munching on is not bad for you.
3. The Food Safety and Standards Act of 2006 (FSSAI)
There’s this important group called FSSAI tasked with keeping our food safe. This particular rule is there to ensure that businesses of food, whether manufacturing, storing, or selling, offer only safe and good-to-eat food. If someone skips out on these important safety steps, there are real consequences waiting for them.
Penalties and Offenses under FSSAI
If any person is found selling any food, whether it be not good for eating or in which the quality or substance is misrepresented, then the person can be heavily fined according to major rules in India. Some examples are as follows:
- If someone sells food that’s not what they say it is: They could be fined up to 5 lakh rupees.
- If the food is below standard: Again, they could be fined up to 5 lakh rupees.
- If the food is wrongly branded or has misleading labels: The fine could be up to 3 lakh rupees.
For other serious offenses, further penalties are applicable. For example, if food brings harm to whoever takes it or consumes it after it is sold, then that seller or the manufacturer of that product may be taken to jail, and the fines can be much bigger. And if unsafe food sold by seller or manufacturer becomes a cause of death for someone, then they might be locked up for life along with a fine of up to 10 lakh rupees.
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