Chapter IX - Offences and Penalties
Section 52
Section 52: penalty for misbranded food
Section 52 addresses manufacture for sale, storage, sale, distribution or import of misbranded food for human consumption.
On this page
Need advice on Section 52?
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
(1)Any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is misbranded, shall be liable to a penalty which may extend to three lakh rupees.
(2) The Adjudicating Officer may issue a direction to the person found guilty of an offence under this section, for taking corrective action to rectify the mistake or such article of food shall be destroyed.
Introduction
Subsection (1) sets a penalty that may extend to ₹3 lakh. Subsection (2) permits the Adjudicating Officer to direct corrective action to rectify the mistake or destruction of the article.
An allegation needs the Act's misbranding definition and the applicable labelling or advertising rule. Do not assume every design or typographical error automatically establishes statutory misbranding.
Key takeaways
Supply chain is covered
The statute includes manufacturing for sale, storage, sale, distribution and import, personally or through another on one's behalf.
Corrective action may be ordered
The Adjudicating Officer may direct rectification; the article may instead be destroyed under subsection (2).
Penalty is capped, not fixed
The maximum is ₹3 lakh, subject to the statutory assessment of facts and section 49 factors.
Locate the allegedly misleading presentation
Preserve packaging, labels, online listings and advertising as they appeared for the relevant batch and date.
Compare with the applicable rule
Identify the specific misbranding definition and current label or advertising requirement. Check whether the representation satisfies the legal condition.
Plan correction and traceability
Map affected stock and channels. Document a lawful correction or destruction plan if directed by the Adjudicating Officer.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- Approve labels against current category-specific rules.
- Keep artwork version history and batch links.
- Respond to a correction direction with documented action.
Avoid
- Do not assume relabelling is always permitted without checking the order.
- Do not confuse section 52 with the separate advertising provision in section 53.
Frequently asked questions
Can an Adjudicating Officer require correction?
Yes. Section 52(2) allows a direction to rectify the mistake, or for destruction of the article.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026