• Fssai .. act

Sir my freind is a sweetshop owner and runs its business .. he purchase raw materials and make sweets and sell .. but during he festival time due to large and high demand of sweets which can’t be fulfilled within3-4 days instead start making the stock of sweets 30-40 days before and refrigerate them.. and during festival season uses them to sell ... 
my question is would he is liable to punishemnt for storing the milk goods for such long time..but in refrigiration the quality of milk products remain edible.. and after consuming not one falls ill... would he be liable for punishment in future if he did it in past..? And can He do the same ...In future and.. do fssai allows such storing by local vendors.. a
Asked 6 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

Under food safety act, it is illegal and punishable. Dairy products should not be ordered too far in advance of when they will be used. Ideally, such products should be delivered on a daily basis.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Sir , it depends upon the testing by Food Inspectors. 

As far as the result s of such test s are in the permissible range, you are complying to the law

Deepankar Kataria
Advocate, Delhi
194 Answers

FSSAI Food Licensing & Registration System Guidelines state that the storage of the raw materials, as well as the prepared food items, must be stored properly. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Well FSSAI Act doe snot apply to retail vendors who sells product o daily basis and the same are not packaged food.

2. However such vendors comes under Food Adulteration ct.

3. Since string of milk products for 3-40 days is not safe for human conduction you can inform the local Police and Municipality so they may raid his storage and confiscation the stored goods for long unless those are found safe for j=human consumption.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Storing milk products with adulterants is against the fssai rules.  Many vendors do it to preserve milk for longer duration. The same can cause cancer and dreadful disease. If such things are not performed then there is no voilation of fssai rules

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Hello, 

The product shall not fail during the lab test of the FSSAI in case the FSSAI makes raid on complaint of some individual. 

Preserving the milk depends on a lot of factors and hence it is advised to maintain the quality and preserve the same. Merely preserving and selling is not a crime. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

  1. As per the information mentioned in the present query, makes it clear that he has done so, but no one has fallen ill ever.
  2. If he continues to do the same and no one again don’t fall ill then also he can be held liable if authority comes to know about the same.
  3. Now, it is to understand as to what kind of things he keeps in refrigerator and whether the same is permissible as per law of FSSAI and Dairy norms to store then such a long time.
  4. If it permissible then nothing to worry otherwise this time be prepare for heavy supply at any cost to safeguard from future unwanted litigation.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Till you not caught in inspection, you not thief. NO old conduct can be proved neither you agree. If anytime you caught with old storage product, consider it first time you stored.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

If no one is he will only be fined if caught against the regulations.  Past incidents can't be proved so they will only fine for present period

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

The conduct can be bought to books for as long as the FSSAI will be able to prove it. 

It is not valid that whether some one fell ill or not? 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

yes even no one fallen I'll person is liable, 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.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir

Your friend is not doing any offence till he is using good quality milk products without adulterous material. 

And it should pass the chemical tests in case there is raid of food inspector on your friend shop. 

He cannot be punished for past incidents until it is not stated by your friend that he is doing this from 8 to 9 years

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer