SRINAGAR: Lieutenant Governor Vinai Kumar Saxena has directed the Ladakh administration to adopt a “zero tolerance” approach towards food safety violations, warning nearly 8,800 Food Business Operators (FBOs) of stringent action, including penalties of up to Rs 10 lakh and imprisonment in serious cases.
The directive requires all food businesses in the Union Territory to comply strictly with the Food Safety and Standards Act, 2006, and ensure that food manufactured, processed, stored, transported, distributed or sold in Ladakh is safe and meets prescribed standards.
According to the administration, Ladakh currently has 428 FSSAI licence holders and 8,355 FSSAI registration holders.
The Food Safety Department has been instructed to ensure continuous compliance with food safety, hygiene, sanitary and FSSAI licensing requirements and initiate enforcement action against violations. This may include inspections, sampling and analysis, seizure or detention of food products, restrictions on the sale or distribution of unsafe food and suspension or cancellation of licences wherever legally warranted.
Food businesses, including hotels, restaurants and eateries, have been prohibited from manufacturing, storing or selling food that is unsafe, sub-standard, misbranded, adulterated, contaminated or beyond its shelf life.
“Food safety is not merely a regulatory requirement; it is a fundamental responsibility towards the health and well-being of every citizen,” Saxena said, adding that there would be zero tolerance for violations that put public health at risk. He said enforcement would remain fair, transparent and firmly grounded in law.
Under the directions, FBOs must obtain and maintain valid FSSAI licences or registrations and prominently display their certificates at business premises. They must comply with applicable hygiene and sanitary requirements, including Good Hygiene Practices and Good Manufacturing Practices.
Operators have also been directed to maintain clean premises, ensure personal hygiene among food handlers, prevent cross-contamination and safely store raw materials and finished products. They must maintain appropriate temperatures and cold-chain conditions, use potable water, ensure proper waste disposal and pest control, and use food-grade equipment, utensils and packaging.
Licensed FBOs have been instructed to implement an appropriate Food Safety Management System, while food handlers must receive suitable training in food safety and hygiene. Persons suffering from illnesses that could adversely affect food safety should not be engaged in food-handling activities.
Businesses must also maintain proper records, source ingredients and raw materials from reliable and legal suppliers, comply with labelling requirements for pre-packaged food and refrain from making false, misleading or deceptive claims or advertisements.
Food must be stored in a manner that prevents contamination, deterioration and infestation, with proper stock rotation maintained. Expired, spoiled or otherwise unsafe food must neither be stored nor offered for sale.
The administration has directed FBOs to cooperate with Food Safety Officers during inspections, sampling, surveillance and enforcement operations and comply with lawful directions issued under the Act.
The prescribed penalties include fines of up to RS 5 lakh for selling food not meeting the demanded nature, substance or quality, up to RS 5 lakh for sub-standard food, up to Rs 3 lakh for misbranded food and up to Rs 10 lakh for misleading advertisements.
Violations involving extraneous matter can attract a penalty of up to RS 1 lakh, while failure to comply with directions of a Food Safety Officer can attract up to RS 2 lakh. Unhygienic or unsanitary processing or manufacturing can also result in a penalty of up to Rs 1 lakh.
Possession of adulterants can attract a penalty of up to RS 2 lakh where the substance is not injurious to health and up to RS 10 lakh where it is injurious. Contraventions for which no specific penalty is prescribed can attract a fine of up to RS 2 lakh.
Manufacturing, storing, selling or distributing unsafe food can result in imprisonment and fines depending on whether the offence causes injury, grievous injury or death. Interfering with seized food or other items can attract imprisonment of up to six months and a fine of up to RS 2 lakh.
Furnishing false information can attract a penalty of up to Rs 10 lakh, while obstructing, impersonating, threatening or assaulting a Food Safety Officer can result in imprisonment of up to three months and a fine of up to Rs 1 lakh. Operating a food business without the required licence can attract a penalty of up to Rs 10 lakh.
For publication, it would be useful to cross-check the listed penalties against the relevant provisions of the Food Safety and Standards Act, 2006 before finalising the copy.
