Chapter IX - Offences and Penalties
Section 60
Section 60: interfering with seized items
Section 60 concerns retaining, removing or tampering with items seized under the FSS Act without the Food Safety Officer's permission.
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Need advice on Section 60?
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
If a person without the permission of the Food Safety Officer, retains, removes or tampers with any food, vehicle, equipment, package or labelling or advertising material or other thing that has been seized under this Act, he shall be punishable with imprisonment for a term which may extend to three months and also with fine which may extend to two lakh rupees.
Introduction
The listed items include food, vehicles, equipment, packages, labelling and advertising material, and other seized things. Under the 2026 amendment effective 1 October 2026, the imprisonment ceiling changed from six to three months; the fine ceiling remains ₹2 lakh.
The seized item's identity, custody and any officer permission are central. A business should secure the seizure memo and prevent staff from moving or changing items without authorisation.
Key takeaways
Permission controls handling
Retaining, removing or tampering without Food Safety Officer permission is the conduct addressed.
Broad item list
The provision reaches seized food, vehicles, equipment, packages and label or advertising material, among other items.
2026 term changed
The current maximum imprisonment term is three months following Jan Vishwas 2026 serial 62; the fine may extend to ₹2 lakh.
Inventory the seizure
Keep the seizure memo, item descriptions, location, seals and responsible custodian together.
Control access and movement
Tell staff and contractors not to move, open, alter or dispose of seized items without documented officer permission.
Check any alleged interference
Compare the alleged conduct with custody records, permission and the exact status of each item at the relevant time.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Practical checklist
Do
- Photograph and log the condition of seized items as lawfully permitted.
- Record any officer permission in writing.
- Assign one responsible custodian.
Avoid
- Do not move or change a seized item informally.
- Do not use the pre-October 2026 six-month ceiling as current law.
Frequently asked questions
Did the 2026 amendment remove the offence?
No. It changed the imprisonment ceiling to three months; the remaining statutory conduct and fine ceiling continue.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026