Chapter IX - Offences and Penalties
Section 50
Section 50: food not of the nature or quality demanded
Section 50 addresses selling food to a purchaser's prejudice when it does not meet applicable food law or the nature, substance or quality demanded.
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Need advice on Section 50?
This article is for general information. Refer to the Food Safety and Standards Act, 2006 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Any person who sells to the purchaser’s prejudice any food which is not in compliance with the provisions of this Act or the regulations made thereunder, or of the nature or substance or quality demanded by the purchaser, shall be liable to a penalty not exceeding five lakh rupees: Provided that the persons covered under sub-section (2) of section 31, shall for such non-compliance be liable to a penalty not exceeding twenty-five thousand rupees.
Introduction
The general penalty may extend to ₹5 lakh. The proviso sets a lower ceiling of ₹25,000 for persons covered under section 31(2), namely the statutory registration category, for such non-compliance.
This is a sale-based provision with a purchaser-prejudice element. Do not confuse it with the separate provisions on sub-standard, misbranded or unsafe food.
Key takeaways
Sale and purchaser prejudice
The provision turns on a sale to the purchaser's prejudice of food that does not meet the Act/regulations or the nature, substance or quality demanded.
Two statutory ceilings
The general maximum is ₹5 lakh; the proviso gives a ₹25,000 maximum for persons under section 31(2). Neither amount is an automatic fine.
Classify the business correctly
Check whether the person is genuinely in section 31(2)'s registration category before applying the proviso.
Compare the product with the sale representation
Retain the listing, menu or label, invoice, lot record and product sample. Identify what the purchaser demanded and what was supplied.
Check the applicable food requirement
Identify the relevant Act or regulation and whether the food failed it. Record any testing or inspection evidence, with chain of custody where applicable.
Determine the correct penalty ceiling
Confirm whether the seller falls under section 31(2); otherwise use the general ceiling. Section 49's factors inform the penalty quantum.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- Keep product specifications and sales claims aligned.
- Retain batch, invoice and sample evidence after a complaint.
- Check the business's section 31 classification before citing a ceiling.
Avoid
- Do not advertise a quality that the delivered food cannot meet.
- Do not confuse this penalty with the separate unsafe-food punishment.
Frequently asked questions
Is ₹5 lakh the fixed fine?
No. The statute says the penalty may extend to ₹5 lakh, with a lower ceiling for section 31(2) persons; section 49 factors also matter.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026