Sections 56 and 57 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 56 of the Food Safety and Standards Act, 2006 imposes a penalty of up to one lakh rupees on anyone who manufactures or processes food for human consumption under unhygienic or unsanitary conditions. Section 57 imposes a penalty of up to two lakh rupees, or up to ten lakh rupees if the substance is injurious to health, on anyone who imports, manufactures for sale, stores, sells or distributes an adulterant.
Section 56: manufacturing or processing food for human consumption under unhygienic or unsanitary conditions, whether by oneself or through another, carries a penalty up to Rs 1 lakh. Section 57: importing, manufacturing for sale, storing, selling or distributing an adulterant carries a penalty up to Rs 2 lakh where it is not injurious to health and up to Rs 10 lakh where it is injurious to health. It is no defence that the accused held the adulterant on behalf of another person (s.57(2)).
Sections 56 and 57 at a glance
| Section | Conduct | Penalty |
|---|---|---|
| 56 | Manufactures or processes food for human consumption under unhygienic or unsanitary conditions | Up to Rs 1 lakh |
| 57(1)(i) | Imports, manufactures for sale, stores, sells or distributes an adulterant not injurious to health | Not exceeding Rs 2 lakh |
| 57(1)(ii) | The same, where the adulterant is injurious to health | Not exceeding Rs 10 lakh |
| 57(2) | Holding the adulterant on behalf of another | Not a defence |
Numbering note: an older post on our site cites the unhygienic-processing penalty under a different section number in its slug. The correct section is 56.
Section 56: unhygienic or unsanitary processing
The text
"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."
What the section covers
- The act is manufacture or processing. Unlike s.54, the section does not list storage, sale or distribution. It is aimed at the production stage. Storage or sale under poor conditions may fall elsewhere; for example, s.27 makes a seller liable for food "handled or kept in unhygienic conditions".
- The standard is "unhygienic or unsanitary conditions". The Act does not define either phrase in s.56. The hygiene and sanitary requirements for licensed and registered businesses are set out in Schedule 4 of the licensing regulations, which this series covers separately. See our article on Schedule 4 Part I and the Schedule 4 Part II premises article once you know which schedule applies to your business.
- "By any other person on his behalf". A brand owner that has another unit process its goods can be caught in the same way as the processor.
- It is a penalty, not imprisonment. It is imposed by the Adjudicating Officer after considering the s.49 factors; see our article on section 49.
Relation to unsafe food
Clause (x) of s.3(1)(zz) lists food "prepared, packed or kept under insanitary conditions" among the ways food can be rendered injurious to health, and clause (iii) refers to "unhygienic processing". So unhygienic processing that makes the food injurious to health can lead to an unsafe-food case under s.59 instead of, or as well as, a s.56 penalty. Section 56 covers the case where the conditions are unhygienic without the injury element being proved.
If you want your processing area reviewed against hygiene requirements before an inspection, our penalty and adjudication team can help you look at where the exposure lies.
Section 57: possessing an adulterant
The definition
Section 3(1)(a) says "adulterant" means "any material which is or could be employed for making the food unsafe or sub-standard or mis-branded or containing extraneous matter". The test is capability: a material that "could be employed" for that purpose is within it.
The text and the two tiers
Section 57(1) reaches "any person who whether by himself or by any other person on his behalf, imports or manufactures for sale, or stores, sells or distribute any adulterant". The penalty depends on the substance.
- (i) where the adulterant is not injurious to health: a penalty not exceeding two lakh rupees; and
- (ii) where the adulterant is injurious to health: a penalty not exceeding ten lakh rupees.
The opening words, "subject to the provisions of this chapter", mean s.57 sits alongside the other sections of Chapter IX. A person who adds the adulterant to food and sells it may also fall under the provisions on unsafe or sub-standard food.
No defence of holding for another (s.57(2))
"In a proceeding under sub-section (1), it shall not be a defence that the accused was holding such adulterant on behalf of any other person." A warehouse-keeper, transporter or agent cannot escape by saying the goods belonged to someone else. The possession, storage or sale itself is the offence. This defence is barred in s.57 only; other defences under s.80 are dealt with in our article on defences in prosecution.
Seizure and burden
Section 38(6) lets a Food Safety Officer seize an adulterant found in the possession of a manufacturer, distributor or dealer in food that he cannot account for to the officer's satisfaction. Section 38(9) then puts on the person from whose possession the adulterant was seized the burden of proving that it is not meant for purposes of adulteration. Read with s.57, a dealer holding an unexplained chemical or additive should be ready to show what it is for, with bills and usage records. See the post on seizure and destruction of unsafe food.
Example 1 (s.56). A sweet-maker processes khoya in a room with open drains and uncovered waste, in breach of basic sanitary requirements. Even if no customer is ill, the processing under unsanitary conditions can attract a s.56 penalty up to one lakh rupees.
Example 2 (s.57). A godown-keeper stores drums of a substance used to colour food. He says the drums belong to a trader who left them with him. Under s.57(2), holding on behalf of another is not a defence. If the substance is injurious to health, the penalty ceiling is ten lakh rupees.
Need help reviewing hygiene or stock?
If an inspection has pointed to hygiene gaps or unexplained stock, TaxClue can help you review your position and plan the response. See our penalty and adjudication page.
Key takeaways
- Section 56: unhygienic or unsanitary manufacture or processing of food carries a penalty up to Rs 1 lakh.
- Section 57: an adulterant carries a penalty up to Rs 2 lakh, or up to Rs 10 lakh if injurious to health.
- "Adulterant" means any material that is or could be used to make food unsafe, sub-standard, misbranded or with extraneous matter.
- Holding an adulterant on behalf of another person is no defence.
- Unexplained adulterant can be seized, and the burden of proving it is not for adulteration is on the holder (s.38(9)).
Read next
- Sections 54 and 55: extraneous matter and failure to comply with FSO directions
- Sections 58 and 64: residuary penalty and subsequent offences
- Selling adulterated food: penalty and prosecution
- Seizure and destruction of unsafe food
Disclaimer: Based on the Food Safety and Standards Act, 2006 as enacted, read with the Jan Vishwas (Amendment of Provisions) Act, 2023 where it applies (ss.59, 61 and 63 only). Hygiene requirements for licensed businesses are in the licensing regulations. Verify current notifications, regulations and FSSAI orders before acting.