Chapter IX - Offences and Penalties
Section 49
Section 49: factors for assessing a food-safety penalty
Section 49 identifies factors the Adjudicating Officer or Tribunal must consider when deciding a Chapter IX penalty amount.
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Need advice on Section 49?
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
While adjudging the quantum of penalty under this Chapter, the Adjudicating Officer or the Tribunal, as the case may be, shall have due regard to the following:–
(a) the amount of gain or unfair advantage, wherever quantifiable, made as a result of the contravention,
(b) the Amount of loss caused or likely to cause to any person as a result of the contravention,
(c) the repetitive nature of the contravention,
(d) whether the contravention is without his knowledge, and (e) any other relevant factor.
Introduction
The statutory factors are the gain or unfair advantage where quantifiable, loss caused or likely, repetition, whether the contravention was without the person's knowledge, and any other relevant factor.
This provision guides the quantum of a penalty. It does not replace the need to establish a specific contravention or turn the statutory maximum into an automatic amount.
Key takeaways
Amount is fact-sensitive
The authority must have due regard to the listed factors while adjudging the quantum under Chapter IX.
Harm and gain are both relevant
Quantifiable gain or unfair advantage and loss caused or likely to be caused are separate considerations.
Record repetition and knowledge
Repeated conduct and whether the contravention occurred without the person's knowledge are expressly listed.
Identify the underlying breach
First identify the specific penalty section and statutory maximum. Section 49 informs the amount; it does not create a standalone food-safety breach.
Prepare a factor-by-factor record
Retain invoices, batches, complaint records, corrective action, prior notices and evidence about what responsible staff knew. These may bear on gain, likely loss, repetition and knowledge.
Present relevant mitigation accurately
A response can explain the facts and other relevant factors with supporting documents. Do not assume one favourable factor defeats the underlying allegation.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- Read the cited penalty section alongside section 49.
- Retain contemporaneous evidence of impact and corrective action.
- Address each statutory factor in a response to a penalty notice.
Avoid
- Do not treat the maximum penalty as the automatic amount.
- Do not assert lack of knowledge without evidence.
Frequently asked questions
Does section 49 set a fixed fine?
No. It lists factors for assessing the quantum of a penalty imposed under Chapter IX.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026