Chapter VII - Enforcement of the Act
Section 39
Section 39: Liability of Food Safety Officer in certain cases
A Food Safety Officer faces a penalty for vexatious seizure or other injurious acts without reasonable grounds.
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This article is for general information. Refer to the Food Safety and Standards Act, 2006 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Any Food Safety Officer exercising powers under this Act or the rules and regulations made thereunder who— (a) vexatiously and without any reasonable ground seizes any article of food or adulterant; or (b) commits any other act to the injury of any person without having reason to believe that such act is necessary for the execution of his duty, shall be guilty of an offence under this Act and shall be liable to a penalty which may extend to one lakh rupees: Provided that in case any false complaint is made against a Food Safety Officer and it is proved so, the complainant shall be liable to penalty which shall not be less than fifty thousand rupees but may extend to one lakh rupees.
Key takeaways
Core rule
A Food Safety Officer faces a penalty for vexatious seizure or other injurious acts without reasonable grounds.
Practical check
Distinguish an unsupported exercise of power from a failed prosecution; assess the grounds and conduct actually recorded.
Scope and operation
The current amended maximum is one lakh rupees. The section also addresses false complaints against an officer.
Applying the section
Distinguish an unsupported exercise of power from a failed prosecution; assess the grounds and conduct actually recorded.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026