Sections 58 and 64 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 58 of the Food Safety and Standards Act, 2006 is the catch-all: any contravention of the Act, rules or regulations for which no penalty is separately provided in Chapter IX attracts a penalty of up to two lakh rupees. Section 64 raises the stakes for repeat offenders: on a second conviction for the same offence, the court can impose twice the punishment, a daily fine for continuing offences, and cancellation of the licence.
Section 58: whoever contravenes any provision of the Act or the rules or regulations for which no penalty is separately provided in Chapter IX is liable to a penalty up to Rs 2 lakh. Section 64: a person previously convicted of an offence under the Act who is convicted of the same offence again is liable to (i) twice the punishment of a first conviction, subject to the maximum for the offence; (ii) a further daily fine up to Rs 1 lakh for a continuing offence; and (iii) cancellation of the licence. The court may also order publication of the offender's name and offence at his expense.
The two sections at a glance
| Section | Trigger | Consequence |
|---|---|---|
| 58 | Contravention with no separate penalty in Chapter IX | Penalty up to Rs 2 lakh |
| 64(1)(i) | Second conviction for the same offence | Twice the punishment of the first conviction, subject to the maximum provided for the offence |
| 64(1)(ii) | Same, where the offence is a continuing one | Further fine on a daily basis up to Rs 1 lakh |
| 64(1)(iii) | Same | Licence cancelled |
| 64(2) | Court's discretion | Publication of name, residence, offence and penalty at offender's expense |
Section 58: the residuary penalty
The text
"Whoever contravenes any provisions of this Act or the rules or regulations made thereunder, for the contravention of which no penalty has been separately provided in this Chapter, shall be liable to a penalty which may extend to two lakh rupees."
How it works
Chapter IX lists specific penalties: for example s.50 (food not of the nature or quality demanded), s.51 (sub-standard food), s.52 (misbranded food), s.53 (misleading advertisement), s.54 (extraneous matter), s.55 (failure to comply with FSO directions), s.56 (unhygienic processing) and s.57 (adulterant). Section 58 picks up everything else. If a provision of the Act, rules or regulations is breached and none of those sections fits, s.58 is the route.
Some examples of where the residuary penalty can be relevant, on the text of the Act, are breaches of the responsibilities in s.26, such as employing a person with an infectious disease (s.26(3)) or selling to a vendor without the written guarantee (s.26(4)), and breaches of the recall duties in s.28. Whether a specific penalty elsewhere covers a given breach is a question the adjudicating authority decides on the facts; this article does not assign any particular breach to s.58.
Three features are worth stating.
- It is a penalty, not imprisonment. It is imposed by the Adjudicating Officer under s.68 after giving a reasonable opportunity to make representation; see our post on adjudication of food safety cases.
- The s.49 factors apply. Gain, loss, repetition, knowledge and other relevant factors must be weighed; see the article on section 49.
- It is a ceiling. "May extend to two lakh rupees" sets a maximum, not a fixed amount.
A breach of a licence or registration condition that no other section separately penalises can also fall here. Our penalty and adjudication team can help you see which penalty section a notice is actually invoking.
Section 64: subsequent offences
The trigger
Section 64(1) applies to a person who, "after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offence". Three conditions follow.
- A previous conviction. Not merely a penalty in adjudication: the section speaks of conviction, which is a court's finding.
- A subsequent commission. The second offence is committed after the first conviction.
- The same offence. A conviction under one section followed by a conviction under a different section does not meet the wording.
The three consequences
(i) Twice the punishment. The person is liable to "twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence". The clause doubles the first-conviction punishment but keeps it within the maximum provided for that offence, so read the clause with the section creating the offence. This article does not calculate a figure.
(ii) A daily fine for a continuing offence. "A further fine on daily basis which may extend up to one lakh rupees, where the offence is a continuing one". The fine is per day and capped at one lakh rupees a day. The Act does not define a continuing offence in this section.
(iii) Licence cancelled. "His licence shall be cancelled." The wording is mandatory: the clause says "shall". For a manufacturer, restaurant or importer, a second conviction for the same offence can therefore end the business's licence.
Publication of the offender's name (s.64(2))
The court "may also cause the offender's name and place of residence, the offence and the penalty imposed to be published at the offender's expense in such newspapers or in such other manner as the court may direct". The cost is treated as part of the cost of the conviction and is recoverable in the same way as a fine. This is at the court's discretion ("may"). For a brand, publication can have an effect beyond the fine.
What changed in 2023
The Jan Vishwas (Amendment of Provisions) Act, 2023 changed ss.61 and 63 from imprisonment and fine to a penalty of up to ten lakh rupees, and cut the imprisonment in s.59(i) to three months with a fine up to three lakh rupees. A "conviction" is a court finding, so the repeat-offender rule in s.64 needs a prior conviction for an offence punishable under the Act. Because ss.61 and 63 are now penalty provisions, read s.64 carefully with the amended text when considering them; this article does not offer a view on how the two interact.
Why the two sections sit together
They mark the two ends of Chapter IX's structure: s.58 at the bottom, a catch-all penalty; s.64 at the top, an escalation for repeat convictions. For a food business, the practical message is to treat every adjudication order and every conviction as part of a record. A clean compliance history helps under s.49(c), and a conviction followed by a repeat of the same offence exposes the licence under s.64.
Example 1 (s.58). A food business operator supplies food to a vendor without giving the written guarantee or invoice-as-guarantee that s.26(4) requires. No specific penalty section names that default, so the Adjudicating Officer may consider s.58 and a penalty up to two lakh rupees, after hearing the operator.
Example 2 (s.64). A dealer is convicted of an offence under the Act, and later commits and is convicted of the same offence again. On the text of s.64, the court can impose twice the first-conviction punishment within the maximum for the offence, the licence is to be cancelled, and the court may order publication of his name at his expense.
Need help with a penalty or repeat-offence risk?
If you have a notice that invokes the residuary penalty, or a past conviction that raises repeat-offence exposure, TaxClue can help you review the position. See our penalty and adjudication page.
Key takeaways
- Section 58 sets a penalty up to Rs 2 lakh for any contravention with no separate penalty in Chapter IX.
- It is imposed by the Adjudicating Officer after a hearing, with s.49 factors.
- Section 64 applies on a second conviction for the same offence.
- It brings twice the punishment, a daily fine up to Rs 1 lakh for a continuing offence, and cancellation of the licence.
- The court may order publication of the offender's name and offence at his expense.
Read next
- Sections 56 and 57: unhygienic processing and possessing adulterant
- Section 49: general provisions relating to penalty
- Operating without an FSSAI licence: section 63
- Compounding of offences under the FSS Act: section 69
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). Verify current notifications, regulations and FSSAI orders before acting.