Chapter X - Adjudication and Food Safety Appellate Tribunal
Section 68
Section 68: Adjudication
The State notifies an Adjudicating Officer of at least Additional District Magistrate rank for Chapter IX adjudication.
On this page
Need advice on Section 68?
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
For the purposes of adjudication under this Chapter, an officer not below the rank of Additional District Magistrate of the district where the alleged offence is committed, shall be notified by the State Government as the Adjudicating Officer for adjudication in the manner as may be prescribed by the Central Government.
(2) The Adjudicating Officer shall, after giving the person a reasonable opportunity for making representation in the matter, and if, on such inquiry, he is satisfied that the person has committed the contravention of provisions of this Act or the rules or the regulations made thereunder, impose such penalty as he thinks fit in accordance with the provisions relating to that offence.
(3) The Adjudicating Officer shall have the powers of a civil court and— (a) all proceedings before him shall be deemed to be judicial proceedings within the meaning of sections 229 and 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023); (b) shall be deemed to be a court for the purposes of sections 384 and 385 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023).
(4) While adjudicating the quantum of penalty under this Chapter, the Adjudicating Officer shall have due regard to the guidelines specified in section 49.
Key takeaways
Core rule
The State notifies an Adjudicating Officer of at least Additional District Magistrate rank for Chapter IX adjudication.
Practical check
Check the notification, district, hearing and inquiry record, penalty provision and section 49 quantum factors. The 2026 amendment updates criminal-code references.
Scope and operation
The officer must provide a reasonable opportunity to make representations, hold an inquiry and impose a penalty under the applicable provision. Civil-court and judicial-proceeding powers are specified.
Applying the section
Check the notification, district, hearing and inquiry record, penalty provision and section 49 quantum factors. The 2026 amendment updates criminal-code references.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026