Chapter IX - Offences and Penalties
Section 56
Section 56: unhygienic or unsanitary food processing
Section 56 addresses manufacturing or processing food for human consumption under unhygienic or unsanitary conditions.
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Need advice on Section 56?
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, whether by himself or by any other person on his behalf, manufactures or processes any article of food for human consumption under unhygienic or unsanitary conditions, shall be liable to a penalty which may extend to one lakh rupees.
Introduction
The provision applies whether a person performs the activity personally or through another on their behalf. The penalty may extend to ₹1 lakh.
A hygiene assessment should connect observed conditions to the applicable food-safety requirements and the actual process; supporting photographs, inspection notes and cleaning records matter.
Key takeaways
Manufacturing and processing
The provision covers both activities, including work done through another person on one's behalf.
Conditions are the focus
The allegation concerns unhygienic or unsanitary conditions, not merely an unattractive appearance.
₹1 lakh is the maximum
The statutory penalty may extend to ₹1 lakh; it is not an automatic amount.
Map the process and premises
Document food handling stages, equipment, water, pest controls, cleaning and staff hygiene for the relevant place and time.
Preserve inspection and corrective records
Keep photographs, inspection report, maintenance and cleaning logs, staff training and remedial action records.
Check the specific hygiene requirement
Compare observed facts with applicable schedules and regulations. Assess whether section 56 or another specific provision addresses the conduct.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- Maintain documented sanitation and pest-control routines.
- Train food handlers and record corrective action.
- Review third-party processors operating on the business's behalf.
Avoid
- Do not treat a cleaning log alone as proof of safe conditions.
- Do not quote the maximum penalty as a fixed fine.
Frequently asked questions
Does outsourcing the processing remove section 56 risk?
The wording includes acts done by another person on one's behalf; the actual relationship and conduct must be assessed.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026