Section 49 in The Food Safety And Standards Act, 2006
49. General provisions relating to penalty.-
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.
