Food Safety and Standards Act, 2006 MCQs Set-8
1. A person in charge can escape liability if he proves:
a. He was unaware OR exercised due diligence
b. He was a shareholder
c. He was absent
d. He was newly appointed
2. Liability under Section 66 applies when offence is committed:
a. Only intentionally
b. By company in conduct of its business
c. Only by customers
d. Only by suppliers
3. If offence is committed with consent or connivance of director, he is:
a. Exempted
b. Deemed guilty and punishable
c. Only warned
d. Only fined company
4. Section 66 applies to:
a. Only food inspectors
b. Directors, managers, secretaries, officers
c. Only consumers
d. Only retailers
5. Neglect on part of officer leading to offence makes him:
a. Not responsible
b. Liable and punishable
c. Only witness
d. Automatically pardoned
6. “Company” includes:
a. Only private limited companies
b. Firms and associations of individuals
c. Only public sector units
d. Only NGOs
7. Due diligence means:
a. Ignoring rules
b. Taking reasonable steps to prevent offence
c. Increasing sales
d. Avoiding inspections
8. Primary liability under Section 66 is shared between:
a. Only directors
b. Company and responsible persons in charge
c. Only employees
d. Only consumers
9. Section 67 deals with:
a. Domestic food sale
b. Import of food articles
c. Advertising rules
d. Licensing of restaurants
10. Contravention of import provisions under FSS Act is punishable:
a. Only under FSS Act
b. Only under Customs Act
c. Under FSS Act in addition to other applicable Acts
d. No punishment
11. Acts mentioned in Section 67 include:
a. IPC only
b. Customs Act, 1962 and Foreign Trade (Development and Regulation) Act, 1992
c. Income Tax Act only
d. Companies Act only
12. Imported food violating rules may be:
a. Sold immediately
b. Destroyed or returned to importer
c. Stored indefinitely
d. Distributed free
13. Decision to destroy or return imported food is taken by:
a. Police officer
b. Competent authority under Customs/FTDR Act
c. Retailer
d. Consumer court
14. Liability under Section 67 is:
a. In place of other Acts
b. In addition to penalties under other Acts
c. Only under local law
d. Only civil liability
15. Section 67 applies when imported food:
a. Meets standards
b. Contravenes FSS Act rules and regulations
c. Is locally produced
d. Is organic
16. Imported food contravention leads to proceedings under:
a. Only FSS Act
b. FSS Act and other applicable Acts
c. Only consumer forum
d. Only export rules
17. Section 67 primarily concerns:
a. Food safety in imports
b. Food packaging design
c. Restaurant hygiene
d. Domestic taxation
18. Imported food may be returned if:
a. Manufacturer agrees
b. Permitted by competent authority
c. Consumer requests
d. Seller decides
19. Section 67 ensures compliance with:
a. Only marketing rules
b. Multiple legal frameworks for imported food safety
c. Only pricing rules
d. Only labeling rules
20. Non-compliant imported food is:
a. Always exported back without conditions
b. Either destroyed or returned as per authority decision
c. Always sold in market
d. Stored for future use
21. The Adjudicating Officer for FSS Act offences is notified by:
a. Central Government
b. State Government
c. Supreme Court
d. Food business operator
22. The Adjudicating Officer must be of rank not below:
a. District Collector
b. Additional District Magistrate
c. Superintendent of Police
d. Food Safety Officer
23. Adjudication is done in the district where:
a. Food is sold
b. Alleged offence is committed
c. Company is registered
d. Consumer resides
24. Before imposing penalty, the Adjudicating Officer must:
a. Arrest the accused immediately
b. Give reasonable opportunity of representation
c. Refer to media
d. Cancel licence directly
25. If satisfied after inquiry, the Adjudicating Officer may:
a. Only warn the offender
b. Impose penalty as per law
c. Only seize goods
d. Transfer case to police only
26. Proceedings before Adjudicating Officer are deemed:
a. Civil disputes
b. Judicial proceedings
c. Administrative meetings
d. Informal hearings
27. Adjudicating Officer is deemed to be a court for:
a. IPC sections only
b. Sections 345 and 346 CrPC
c. Motor Vehicles Act
d. Income Tax Act
28. Adjudicating Officer has powers of:
a. Police officer
b. Civil court
c. Municipal authority
d. Customs officer
29. In deciding penalty, Adjudicating Officer refers to:
a. Section 10 guidelines
b. Section 49 guidelines
c. Section 20 rules
d. Section 60 provisions
30. The main role of Adjudicating Officer is:
a. Investigation
b. Determination and imposition of penalty
c. Food testing
d. Import clearance
31. Judicial proceedings under Section 68 relate to:
a. Only administrative work
b. IPC Sections 193 and 228
c. Only civil contracts
d. Only licensing
32. Adjudication ensures:
a. Market promotion
b. Fair hearing and lawful penalty imposition
c. Tax collection
d. Export facilitation
33. Power to compound offences is exercised by:
a. Food Safety Officer
b. Commissioner of Food Safety
c. Police Officer
d. Court only
34. The Commissioner of Food Safety may empower:
a. Food Inspector
b. Designated Officer
c. District Magistrate
d. Manufacturer
35. Composition of offences is allowed for:
a. Only large companies
b. Petty manufacturers, retailers, hawkers, vendors, stall holders
c. Only exporters
d. Only importers
36. Composition means:
a. Jail punishment
b. Payment of money to settle offence
c. Food destruction
d. Licence cancellation
37. After payment of composition amount, the accused:
a. Is arrested again
b. Is discharged if in custody
c. Is sent to court
d. Gets higher penalty
38. After composition, no further proceedings are:
a. Mandatory
b. Taken for the same offence
c. Increased automatically
d. Transferred to police
39. Maximum composition amount under Section 69 is:
a. ₹50,000
b. ₹1 lakh
c. ₹2 lakh
d. ₹5 lakh
40. Guidelines for composition consider:
a. Section 49 provisions
b. Section 10 provisions
c. Section 60 provisions
d. Section 65 provisions
41. Offences that can be compounded must be:
a. Minor offences only
b. Non-imprisonment offences
c. Serious offences only
d. Import violations only
42. Offences punishable with imprisonment:
a. Can always be compounded
b. Cannot be compounded
c. Must be ignored
d. Are optional for court
43. Composition applies when there is:
a. Certainty of conviction
b. Reasonable belief of offence
c. Final court judgment only
d. Export violation only
44. Main purpose of Section 69 is:
a. Increase imprisonment
b. Provide settlement for petty offences
c. Cancel licences permanently
d. Increase export control
45. Food Safety Appellate Tribunal is established by:
a. Supreme Court
b. Central or State Government by notification
c. Food Safety Officer
d. District Collector
46. The Tribunal hears appeals from decisions of:
a. Food Analyst
b. Adjudicating Officer
c. Police Officer
d. Manufacturer
47. Food Safety Appellate Tribunal is also known as:
a. Consumer Court
b. Civil Court
c. Appellate body under FSS Act
d. Customs Tribunal
48. The Tribunal consists of:
a. Three members
b. Two members
c. One person only
d. Jury panel
49. The Presiding Officer of Tribunal must be:
a. Food Safety Officer
b. District Judge or former District Judge
c. Police Officer
d. IAS officer only
50. Jurisdiction of Tribunal is prescribed by:
a. Supreme Court
b. Central or State Government
c. High Court only
d. Police Department
51. Appointment of Presiding Officer is made by:
a. District Magistrate
b. Central or State Government by notification
c. Adjudicating Officer
d. Food Authority only
52. Qualification, salary and tenure of Presiding Officer are decided by:
a. Food Inspector
b. Central Government rules
c. State Police
d. District Collector
53. Tribunal mainly deals with:
a. Criminal trials
b. Appeals against Adjudicating Officer decisions
c. Import clearance
d. Food testing
54. Procedure and powers of Tribunal are prescribed by:
a. Police Act
b. Central Government
c. Municipal Corporation
d. Supreme Court only
55. Tribunal under Section 70 is:
a. Multi-member body
b. Single-member body
c. Advisory body only
d. Police authority
56. Purpose of Food Safety Appellate Tribunal is to:
a. Manufacture food
b. Provide appeal mechanism under FSS Act
c. Issue licences
d. Conduct inspections
57. The Food Safety Appellate Tribunal is guided by:
a. Code of Civil Procedure only
b. Principles of natural justice
c. Police rules
d. Company law
58. The Tribunal is:
a. Fully bound by CPC 1908
b. Not bound by CPC 1908
c. Bound by IPC
d. Bound by CrPC only
59. Tribunal can regulate its own procedure including:
a. Only judgments
b. Place of sittings and procedure
c. Food testing methods
d. Import licensing
60. Tribunal has powers similar to a civil court under CPC in:
a. Criminal investigation
b. Summoning and enforcing attendance of persons
c. Food manufacturing
d. Police arrest
61. Tribunal can:
a. Only hear complaints
b. Require discovery and production of documents
c. Only issue licences
d. Only impose taxes
62. Evidence before Tribunal may be received in form of:
a. Only oral statements
b. Affidavits
c. Rumours
d. News reports
63. Tribunal can:
a. Never review decisions
b. Review its own decisions
c. Only forward cases to police
d. Only advise government
64. Tribunal proceedings are deemed:
a. Administrative proceedings
b. Judicial proceedings
c. Informal meetings
d. Commercial disputes
65. Appellant before Tribunal may appear:
a. Only in person
b. Only through lawyer
c. In person or through legal practitioner or officer
d. Only through government officer
66. Limitation Act, 1963 applies to:
a. Food inspection only
b. Appeals to Tribunal
c. Licensing only
d. Import rules only
67. Appeal against Tribunal order lies to:
a. Supreme Court
b. High Court
c. District Court
d. Police Commissioner
68. Time limit for appeal to High Court is:
a. 30 days
b. 45 days
c. 60 days
d. 90 days
69. High Court may extend appeal period by up to:
a. 30 days
b. 60 days
c. 90 days
d. 6 months
70. Civil court jurisdiction under Section 72 is:
a. Fully allowed
b. Completely barred
c. Optional
d. Limited to appeals
71. Civil courts cannot entertain matters decided by:
a. Food Inspector only
b. Adjudicating Officer or Tribunal
c. Police only
d. Manufacturer
72. Injunctions in matters under FSS Act are:
a. Always granted
b. Not granted against actions under the Act
c. Mandatory
d. Allowed only in High Court
73. Section 72 mainly aims to:
a. Increase civil litigation
b. Prevent interference by civil courts
c. Promote appeals
d. Regulate imports
74. Offences not triable by Special Court are tried by:
a. Supreme Court
b. Judicial Magistrate First Class or Metropolitan Magistrate
c. Civil Judge
d. Food Authority
75. Trials under Section 73 are conducted in:
a. Regular civil procedure
b. Summary manner
c. Arbitration
d. Administrative hearing
76. Provisions of summary trial apply from CrPC sections:
a. 200–210
b. 262–265
c. 300–310
d. 100–110
77. Maximum imprisonment in summary trial conviction is:
a. 6 months
b. 1 year
c. 2 years
d. 3 years
78. If Magistrate feels higher punishment may be needed, he shall:
a. Continue summary trial
b. Convert into regular trial after hearing parties
c. Close the case
d. Send to civil court
79. During conversion from summary trial, Magistrate may:
a. Ignore witnesses
b. Recall witnesses and rehear case
c. Stop evidence
d. Transfer to police custody only
80. Section 73 applies to offences:
a. Triable by Special Court
b. Not triable by Special Court
c. Only civil offences
d. Only import offences
81. Main purpose of summary trial under Section 73 is:
a. Delay cases
b. Speedy disposal of food safety offences
c. Increase penalties
d. Avoid hearing evidence
82. Special Courts under Section 74 are constituted by:
a. District Court
b. Central or State Government
c. Food Authority
d. Police Department
83. Special Courts are constituted with concurrence of:
a. District Magistrate
b. Chief Justice of High Court
c. Supreme Court only
d. Adjudicating Officer
84. Special Courts deal mainly with offences involving:
a. Minor labelling errors
b. Grievous injury or death with imprisonment > 3 years
c. Licensing issues only
d. Import documentation only
85. Special Courts may hold proceedings at:
a. Only one fixed place
b. Any place if necessary
c. Only High Court premises
d. Police station only
86. Trial by Special Court shall:
a. Be postponed
b. Have precedence over other cases
c. Be optional
d. Be conducted after civil cases
87. During Special Court trial, other cases against accused:
a. Continue normally
b. Remain in abeyance
c. Are closed permanently
d. Are transferred to civil court
88. Public Prosecutor for Special Court is appointed by:
a. Supreme Court
b. Central or State Government
c. Food Safety Officer
d. District Magistrate
89. Additional Public Prosecutors may be:
a. Only one
b. More than one
c. Not allowed
d. Appointed by accused
90. Minimum experience required for Public Prosecutor is:
a. 3 years
b. 5 years
c. 7 years
d. 10 years
91. A Special Public Prosecutor may be appointed for:
a. General cases only
b. A particular case or group of cases
c. Only civil disputes
d. Only appeals
92. Special Courts are primarily for cases involving:
a. Advertising violations
b. Serious food safety offences causing injury or death
c. Licensing delays
d. Import taxes
93. Special Court constitution requires:
a. Approval of Food Inspector
b. Notification in Official Gazette
c. Consumer approval
d. Police report only
94. Priority of Special Court trials means:
a. They are delayed
b. They are heard before other criminal cases
c. They are optional
d. They are transferred to civil court
95. Eligibility for Public Prosecutor includes:
a. 5 years practice
b. 7 years practice or equivalent legal post
c. 2 years practice
d. No qualification needed
96. If a Special Court finds that an offence is not triable by it, it shall:
a. Acquit the accused
b. Transfer the case to a competent court
c. Continue trial anyway
d. Send it to police custody
97. The court receiving a transferred case shall:
a. Start investigation again
b. Proceed as if it had taken cognizance
c. Reject the case automatically
d. Send back to Special Court
98. Appeal against Special Court order lies to:
a. District Court
b. High Court
c. Supreme Court directly
d. Tribunal
99. Time limit for filing appeal to High Court is:
a. 30 days
b. 45 days
c. 60 days
d. 90 days
100. Appeal fee and deposit must be:
a. Optional
b. Paid as prescribed and amount imposed must be deposited
c. Waived always
d. Paid after judgment only
101. High Court may accept delayed appeal if:
a. No reason is required
b. Sufficient cause is shown
c. Police approves
d. Food Authority allows
102. Appeals under Section 76 are heard by:
a. Single judge
b. Bench of not less than two judges
c. Tribunal only
d. Magistrate court
103. Time limit for taking cognizance of offence is:
a. 6 months
b. 1 year
c. 2 years
d. 3 years
104. Cognizance after limitation period can be extended up to:
a. 2 years
b. 3 years
c. 5 years
d. 10 years
105. Extension of prosecution period up to 3 years requires approval of:
a. District Judge
b. Commissioner of Food Safety
c. Police Commissioner
d. High Court
106. Section 77 limitation applies to:
a. Only civil cases
b. All offences under FSS Act
c. Only appeals
d. Only import cases
107. Extension of limitation must be:
a. Oral approval
b. Recorded in writing with reasons
c. Approved by media
d. Not required to be recorded
108. Section 78 empowers the court to implead:
a. Only consumers
b. Manufacturer, importer, distributor or dealer
c. Only government officers
d. Only retailers
109. Court may implead manufacturer/distributor if satisfied by:
a. Police report only
b. Evidence adduced before it
c. Media report
d. Complaint only
110. Section 78 overrides which provisions?
a. Income Tax Act
b. CrPC Section 319(3) and Section 71 of FSS Act
c. Motor Vehicles Act
d. Companies Act
111. Under Section 78, court may proceed against impleaded person:
a. Only after fresh complaint
b. As though prosecution was already instituted
c. Only after police approval
d. Only in civil court
112. Main purpose of Section 78 is to:
a. Reduce penalties
b. Add liable persons during trial
c. Close cases early
d. Limit evidence
113. Section 79 deals with:
a. Licensing powers
b. Magistrate’s power to impose enhanced punishment
c. Import restrictions
d. Food labelling rules
114. Section 79 overrides which provision?
a. Section 29 CrPC
b. Section 200 CrPC
c. Section 319 CrPC
d. Section 73 FSS Act
115. Under Section 79, court can impose:
a. Only fine
b. Any sentence under FSS Act within jurisdiction limits
c. Only imprisonment up to 3 months
d. Only warning
116. Maximum imprisonment limit mentioned in Section 79 restriction is:
a. 3 years
b. 5 years
c. 6 years
d. 10 years
117. Section 78 applies when offence is initially alleged against:
a. Manufacturer only
b. Any person other than manufacturer/importer/distributor/dealer
c. Only government officer
d. Only consumer
118. Court under Section 78 acts based on:
a. Assumption only
b. Satisfaction from evidence
c. Complaint alone
d. Advertisement
119. Key idea of Section 79 is:
a. Limit magistrate powers completely
b. Allow higher sentencing within statutory limits
c. Remove punishment
d. Shift cases to civil court
120. In advertisement offences, a valid defence is that the person:
a. Created the advertisement intentionally
b. Published it in ordinary course of business
c. Approved it personally
d. Designed the food product
121. The defence of ordinary course of business is NOT available if the person:
a. Is a publisher
b. Should have reasonably known it was an offence
c. Works as a distributor
d. Works as a printer
122. Defence of publication is not allowed if the person is:
a. A newspaper editor only
b. Food business operator related to advertisement
c. A courier
d. A customer
123. A general defence under Section 80 is:
a. Ignorance of law
b. Due diligence and reasonable precautions
c. High profit margin
d. Marketing approval
124. Due diligence means:
a. Avoiding responsibility
b. Taking reasonable precautions to prevent offence
c. Increasing sales
d. Ignoring inspections
125. Defence applies if offence occurred due to:
a. Intentional act of accused
b. Act or default of another person or reliance on information
c. Government approval
d. Consumer complaint
126. In sale of food, defence is available if:
a. Food was altered to unsafe condition
b. Food was sold in same condition as purchased
c. Food was expired intentionally
d. Food was mislabeled knowingly
127. A mistaken but reasonable belief is:
a. Always a valid defence
b. Not a defence under Section 80
c. Mandatory defence
d. Accepted in all cases
128. Defence under Section 56 is available if food is:
a. Sold in market
b. Immediately destroyed after unsafe handling
c. Imported legally
d. Properly labeled
129. Ignorance of nature, substance or quality of food is:
a. A valid defence
b. Not a defence
c. Always accepted
d. Required proof of innocence
130. Defence based on due diligence excludes reliance on:
a. Customers
b. Employees or agents of defendant company
c. Suppliers
d. Inspectors
131. Compliance with food safety programme is:
a. Irrelevant
b. A valid defence under due diligence
c. Always illegal
d. Optional punishment
132. Section 80 mainly provides:
a. Penalties
b. Defences against prosecution
c. Licensing rules
d. Import restrictions
133. Defence of publication applies only if advertisement was published:
a. Outside business scope
b. In ordinary course of publishing business
c. For personal use
d. Without approval
134. The Food Authority prepares its budget for:
a. Current financial year
b. Next financial year
c. Past financial year
d. Five-year plan only
135. The budget of Food Authority is forwarded to:
a. Supreme Court
b. Central Government
c. State Government
d. Parliament only
136. The form and timing of budget preparation is prescribed by:
a. State Government
b. Central Government
c. Food Safety Officer
d. District Magistrate