Can an FSSAI penalty case be settled without going to court?

Yes, under Section 69 of the FSS Act 2006, certain offences can be compounded, meaning settled by paying a prescribed amount without full prosecution. However, offences for which imprisonment is prescribed cannot be compounded. Operating without a licence under Section 63 carries imprisonment, which means it cannot be compounded and must go through adjudication.

Can a Food Safety Officer be penalised for wrongful action?

Yes. Under Section 39 of the FSS Act, a Food Safety Officer found guilty of an offence while performing duties is liable to a fine up to Rs 1 lakh. If a complaint made against a Food Safety Officer is found to be false, the complainant is liable to a fine between Rs 50,000 and Rs 1 lakh.

How long does a food business have to respond to a show cause notice?

The FSS Act does not prescribe a universal response window, but show cause notices typically specify 15 to 30 days. For appeals against improvement notices, the FSS Act gives 15 days from the date the notice was served to appeal to the State Commissioner of Food Safety.

Does FSSAI perpetual licence validity mean no annual obligations?

No. From 10 March 2026, FSSAI licences carry perpetual validity and no longer expire. However, two annual obligations remain mandatory: payment of the annual licence fee and submission of the Food Safety Compliance Return by 31 May each year. Failure to meet either can result in deemed suspension of the licence.

What is the difference between FSSAI adjudication and prosecution?

Adjudication is a civil process handled by the Adjudicating Officer for offences like substandard or misbranded food, resulting in financial penalties. Prosecution is a criminal process filed before a Magistrate's court for offences involving unsafe food or operating without a licence. Both can run simultaneously for the same violation.

What FSSAI License Penalty Applies to Your Food Business in India?

By Nagaveni N|June 16, 2026|12 min read

Key Takeaways

Operating without an FSSAI license is a criminal offence under the FSS Act 2006, not a minor administrative slip.
The FSSAI license penalty under Section 63 can reach up to Rs 5 lakh. Additional violations found during the same inspection stack on top of that.
FSSAI inspectors can arrive without notice. There is no grace period once an inspector is on your premises.
Repeat violations or adulteration charges can trigger imprisonment under FSS Act provisions.
Renewing on time costs a fraction of what a single enforcement action costs.
The April 2026 FSSAI threshold update changed which licence tier applies to many businesses. Verify your current classification now.

Need an Expert Opinion?

Consult with top industry specialists for your manufacturing challenges.

Nagaveni N

Project Manager, SolutionBuggy

Nagaveni N is a Food Technologist and Project Manager at SolutionBuggy, bringing 4+ years of hands-on experience in R&D, NPD, and food safety management.

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What FSSAI License Penalty Applies to Your Food Business in India?

Key Takeaways

Nagaveni N

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