Chapter IX - Offences and Penalties
Section 54
Section 54: penalty for extraneous matter in food
Section 54 concerns specified dealings in food for human consumption that contains extraneous matter.
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Need advice on Section 54?
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 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 containing extraneous matter, shall be liable to a penalty which may extend to one lakh rupees.
Introduction
The activities listed are manufacture for sale, storage, sale, distribution and import, whether done personally or through someone on the person's behalf. The penalty may extend to ₹1 lakh.
The Act defines 'extraneous matter' separately. Classification and any overlap with unsafe-food allegations require the product facts, sample evidence and applicable definitions.
Key takeaways
More than manufacture
Storage, sale, distribution and import are also expressly covered.
Evidence of matter is central
Identify the material, affected lot and how it entered the food; preserve samples and chain of custody.
Ceiling, not fixed amount
The ₹1-lakh figure is the maximum penalty under section 54; section 49 informs quantum.
Identify the affected lot
Trace product, batch, date and distribution route, and isolate potentially affected stock while investigating.
Test the material and source
Preserve sampling, laboratory, supplier and production records. Compare the alleged material with the Act's definition of extraneous matter.
Choose the correct statutory category
Assess whether the facts involve extraneous matter, an unsafe product, or another specific breach. Do not substitute one penalty section for another without analysing the legal definition.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- Maintain foreign-body prevention and inspection controls.
- Retain samples and chain-of-custody records.
- Document the corrective action and affected batches.
Avoid
- Do not treat every visible particle as legally classified without evidence.
- Do not quote the maximum as an automatic penalty.
Frequently asked questions
Does the section apply to a distributor?
Yes. Distribution is one of the activities listed in section 54.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026