Mumbai: Taking a tough stand on food safety, the Maharashtra Food and Drug Administration (FDA) has issued a comprehensive food safety compliance order for hotels, restaurants, dhabas, cloud kitchens, caterers and online food delivery operators across the state. FDA Commissioner Tukaram Mundhe has warned that businesses compromising public health by serving unsafe or unhygienic food will face stringent penalties, including imprisonment, hefty fines, licence cancellation and closure of establishments.
Violations Found
The order follows recent inspections that exposed several serious violations. FDA teams found food being prepared in unhygienic conditions, repeated use of cooking oil, improper storage of food items at prescribed temperatures, deployment of food handlers without medical fitness certificates and failure to provide customers with safe drinking water. In response, the FDA has launched the statewide “Safe Food – Healthy Maharashtra” campaign, under which around 4.5 lakh food establishments across Maharashtra will be inspected.
The FDA has made it clear that any food business found violating food safety norms will face strict legal action. Under the Food Safety and Standards Act, 2006, if consumption of unsafe food results in a person's death, the offender can be punished with a minimum of seven years’ imprisonment, which may extend to life imprisonment, along with a minimum fine of ₹10 lakh.
Graded Punishment
The law also prescribes severe penalties for other offences. If unsafe food causes grievous injury or serious health damage, the offender can face up to six years in prison and a fine of up to ₹5 lakh. In cases where ordinary injury is caused, the punishment may extend to one year in jail and a fine of up to ₹3 lakh. Even if no injury occurs, serving unsafe food can attract imprisonment of up to three months and a fine of up to ₹1 lakh.
Commissioner Mundhe has also warned that operating a food business without a valid FSSAI licence or registration will be treated as a serious violation, carrying a penalty of up to ₹10 lakh. Manufacturing, storing or selling substandard food products can attract fines of up to ₹5 lakh, while misleading labelling or misbranding of food products may result in penalties of up to ₹3 lakh. Food prepared or stored in unhygienic and unhealthy conditions can invite fines of up to ₹1 lakh.
Free Safe Water
A major consumer-friendly provision in the order makes it mandatory for all hotels, restaurants and eateries to provide safe drinking water free of cost to customers. Establishments cannot compel customers to purchase bottled water and must prominently display notices informing patrons about the availability of free safe drinking water.
The FDA has also ordered strict implementation of food safety regulations relating to cooking oil and food packaging. The reuse or unauthorized sale of used cooking oil has been prohibited. Establishments have also been barred from serving or packaging food in newspapers or any non-food-grade materials due to potential health hazards.
The enforcement action will go beyond monetary penalties. The FDA has stated that violators may be issued improvement notices, face suspension or cancellation of licences, be ordered to shut down operations, and have unsafe food products seized and destroyed. Authorities may also order product recalls and publicly disclose the names of offending establishments. In serious cases, prosecution under other applicable criminal laws may also be initiated.
Officials said the “Safe Food – Healthy Maharashtra” campaign aims to strengthen food safety compliance across the state, improve hygiene standards in food establishments and ensure that consumers receive safe, quality food without compromising their health. The FDA has urged all food business operators to strictly comply with food safety regulations and maintain the highest standards of hygiene and public health protection.
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