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.