Chapter IX - Offences and Penalties
Section 57
Section 57: penalty for possessing an adulterant
Section 57 addresses importing, manufacturing for sale, storing, selling or distributing an adulterant.
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Need advice on Section 57?
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
(1) Subject to the provisions of this chapter, if any person who whether by himself or by any other person on his behalf, imports or manufactures for sale, or stores, sells or distribute any adulterant shall be liable— (i) where such adulterant is not injurious to health, to a penalty not exceeding two lakh rupees;
(ii) where such adulterant is injurious to health, to a penalty not exceeding ten lakh rupees.
(2) In a proceeding under sub-section (1), it shall not be a defence that the accused was holding such adulterant on behalf of any other person.
Introduction
The section has two penalty ceilings: ₹2 lakh where the adulterant is not injurious to health and ₹10 lakh where it is injurious. It also states that holding the adulterant on behalf of someone else is not a defence in a proceeding under subsection (1).
The legal classification of a substance as an adulterant and whether it is injurious requires evidence; avoid applying either tier solely from a product label or allegation.
Key takeaways
Dealings are specified
Import, manufacture for sale, storage, sale and distribution are listed, including acts done through another person on one's behalf.
Injury classification changes the ceiling
The non-injurious tier may reach ₹2 lakh; the injurious tier may reach ₹10 lakh.
Holding for another is not a defence
Subsection (2) expressly rejects that answer to a subsection (1) proceeding.
Identify the material
Preserve sample, composition, source, purchase and laboratory records so the alleged adulterant can be classified against the Act's definition.
Trace who handled it
Map import, manufacture, storage, sale and distribution, including agents and contractors. Record whether any person held it on another's behalf.
Determine the correct tier
Review evidence of whether the adulterant is injurious to health before citing either statutory ceiling. Section 49 factors may inform the penalty amount.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- Maintain raw-material approval and traceability records.
- Quarantine a suspect material during investigation.
- Preserve laboratory evidence about potential health impact.
Avoid
- Do not assume storage for another person removes statutory exposure.
- Do not state the ₹10-lakh ceiling without evidence relevant to injuriousness.
Frequently asked questions
Is storing an adulterant for another person a defence?
No. Section 57(2) says that holding it on behalf of another is not a defence in a subsection (1) proceeding.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026