Chapter IX - Offences and Penalties
Section 51
Section 51: penalty for sub-standard food
Section 51 addresses specified dealings in sub-standard food for human consumption, with a penalty that may extend to ₹5 lakh.
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Need advice on Section 51?
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 person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is sub-standard, shall be liable to a penalty which may extend to five lakh rupees.
Introduction
The provision covers a person acting personally or through another on their behalf who manufactures for sale, stores, sells, distributes or imports sub-standard food. Whether an article is legally sub-standard depends on the Act's definition, applicable standards and evidence.
Keep this category distinct from unsafe food under section 59 and misbranded food under section 52; a product may raise different issues, but each statutory allegation needs its own basis.
Key takeaways
Several supply-chain activities
Manufacture for sale, storage, sale, distribution and import are each listed.
A standard must be identified
Classifying food as sub-standard requires comparison to applicable requirements and evidence, not just a consumer's dissatisfaction.
₹5 lakh is a ceiling
The provision says the penalty may extend to ₹5 lakh; section 49 factors govern the amount.
Identify the article and applicable standard
Trace product, lot and date; identify the relevant food standard and preserve laboratory or inspection records.
Map the operator's activity
Determine whether the person manufactured for sale, stored, sold, distributed or imported the article, directly or through another on their behalf.
Assess classification and response
Separate a sub-standard allegation from unsafe-food or labelling allegations. Preserve sample chain, corrective action and any recall assessment.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- Maintain batch specifications and test records.
- Investigate out-of-specification findings promptly.
- Keep traceability records across distribution.
Avoid
- Do not call every quality complaint sub-standard without an applicable statutory standard.
- Do not quote ₹5 lakh as a fixed fine.
Frequently asked questions
Does section 51 cover storage and import?
Yes. Both activities are expressly listed, along with manufacture for sale, sale and distribution.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026