Topic
Food safety in India is governed by the Food Safety and Standards Act, 2006, and earlier laws like the Prevention of Food Adulteration Act, which impose liability on manufacturers, sellers, and even directors for violations such as adulteration or non-compliance with packaging norms.
Calcutta HC held Customs officers may sample imported food under Section 144 for tariff classification even with food safety concerns, letting revenue probe duty evasion without waiting for separate food safety clearance.
Allahabad High Court allows commutation of a one-year sentence under the Prevention of Food Adulteration Act to a fine deposit of Rs. 10,000, despite the statutory minimum sentence, citing a 15-year delay in justice. The ruling underscores judicial discretion to balance societal harm with prolonged incarceration, setting a precedent for similar cases involving delayed trials.
Kerala High Court rules that a salesman selling adulterated food (tartrazine in banana chips) is criminally liable under Section 16(1A)(i) of the Prevention of Food Adulteration Act, even if the shop owner is acquitted. The judgment reinforces strict vicarious liability for employees in food safety violations, irrespective of employer culpability.
The Andhra Pradesh High Court granted anticipatory bail to a former director of a dairy company after the charge sheet was filed, holding that mere corporate affiliation without specific allegations of overt acts post-resignation cannot justify arrest. This reinforces that liability under corporate criminal law requires direct, personal involvement-not positional responsibility alone-shaping how investigators and courts assess accountability in complex economic offenses.
Bombay High Court quashes prosecution of directors under the FSS Act, ruling that vicarious liability requires specific allegations of active involvement in daily operations. The judgment clarifies that mere directorship without proof of control does not establish criminal liability, impacting food safety compliance for corporate directors.
Bombay High Court upholds mandatory sealing and BIS certification for packaged drinking water under FSSAI Regulations, rejecting claims of undue burden on small vendors.