1
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 24th August, 2006/Bhadra2, 1928( Saka)
The following Act of Parliament received the assent of the President on 23rd August,
2006, and is hereby published for general information:-
FOOD SAFETY AND STANDARDS ACT, 2006
No. 34 OF 2006
[23
rd
August, 2006]
An Act to consolidate the laws relating to food and to establish the Food Safety and
Standards Authority of India for laying down science based standards for articles of food and
to regulate their manufacture, storage, distribution, sale and import, to ensure availability of
safe and wholesome food for human consumption and for matters connected therewith or
incidental thereto.
BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as
follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
(1) This Act may be called the Food Safety and Standards Act, 2006.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint, and different dates may be appointed for different provisions of
this Act and any reference in any such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.
2. Declaration as to expediency of control by the Union.
It is hereby declared that it is expedient in the public interest that the Union should take under
its control the food industry.
3. Definitions.
(1) In this Act, unless the context otherwise requires, – 2
(a) “adulterant” means any material which is or could be employed for making the
food unsafe or sub-standard or mis-branded or containing extraneous matter;
(b) “advertisement” means any audio or visual publicity, representation or
pronouncement made by means of any light, sound, smoke, gas, print, electronic
media, internet or website and includes through any notice, circular, label, wrapper,
invoice or other documents;
(c) “Chairperson” means the Chairperson of the Food Authority;
(d) “claim” means any representation which states, suggests, or implies that a food
has particular qualities relating to its origin, nutritional properties, nature, processing,
composition or otherwise;
(e) “Commissioner of Food Safety” means the Commissioner of Food Safety
appointed under section 30;
(f) “consumer” means persons and families purchasing and receiving food in order to
meet their personal needs;
(g) “contaminant” means any substance, whether or not added to food, but which is
present in such food as a result of the production (including operations carried out in
crop husbandry, animal husbandry or veterinary medicine), manufacture, processing,
preparation, treatment, packing, packaging, transport or holding of such food or as a
result of environmental contamination and does not include insect fragments, rodent
hairs and other extraneous matter;
(h) “Designated Officer” means the officer appointed under section 36;
(i) “extraneous matter” means any matter contained in an article of food which may
be carried from the raw materials, packaging materials or process systems used for its
manufacture or which is added to it, but such matter does not render such article of
food unsafe;
(j) “Food” means any substance, whether processed, partially processed or
unprocessed, which is intended for human consumption and includes primary food to
the extent defined in clause (zk), genetically modified or engineered food or food
containing such ingredients, infant food, packaged drinking water, alcoholic drink,
chewing gum, and any substance, including water used into the food during its
manufacture, preparation or treatment but does not include any animal feed, live
animals unless they are prepared or processed for placing on the market for human
consumption, plants, prior to harvesting, drugs and medicinal products, cosmetics,
narcotic or psychotropic substances : 3
Provided that the Central Government may declare, by notification in the
Official Gazette, any other article as food for the purposes of this Act having regards
to its use, nature, substance or quality;
(k) “food additive” means any substance not normally consumed as a food by itself
or used as a typical ingredient of the food, whether or not it has nutritive value, the
intentional addition of which to food for a technological (including organoleptic)
purpose in the manufacture, processing, preparation, treatment, packing, packaging,
transport or holding of such food results, or may be reasonably expected to result
(directly or indirectly), in it or its by-products becoming a component of or otherwise
affecting the characteristics of such food but does not include “contaminants” or
substances added to food for maintaining or improving nutritional qualities;
(l) “Food Analyst” means an analyst appointed under section45;
(m) “Food Authority” means the Food Safety and Standards Authority of India
established under section 4;
(n) “Food business” means any undertaking, whether for profit or not and whether
public or private, carrying out any of the activities related to any stage of
manufacture, processing, packaging, storage, transportation, distribution of food,
import and includes food services, catering services, sale of food or food ingredients;
(o) “food business operator” in relation to food business means a person by whom the
business is carried on or owned and is responsible for ensuring the compliance of this
Act, rules and regulations made thereunder;
(p) “food laboratory” means any food laboratory or institute established by the Central
or a State Government or any other agency and accredited by National Accreditation
Board for Testing and Calibration Laboratories or an equivalent accreditation agency
and recognised by the Food Authority under section 43;
(q) “food safety” means assurance that food is acceptable for human consumption
according to its intended use;
(r) “food safety audit” means a systematic and functionally independent examination
of food safety measures adopted by manufacturing units to determine whether such
measures and related results meet with objectives of food safety and the claims made
in that behalf;
(s) “Food Safety Management System” means the adoption Good Manufacturing
Practices, Good Hygienic Practices, Hazard Analysis and Critical Control Point and
such other practices as may be specified by regulation, for the food business; 4
(t) “Food Safety Officer” means an officer appointed under section 37;
(u) “hazard” means a biological, chemical or physical agent in, or condition of, food
with the potential to cause an adverse health effect;
(v) “import” means bringing into India any article of food by land, sea or air;
(w) “improvement notice” means a notice issued under section 32 of this Act;
(x) “infant food” and “infant milk substitute” shall have the meanings assigned to
them in clauses (f) and (g) of subsection (l) of section 2 of the Infant Milk Substitutes,
Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution)
Act, 1992(41 of 1992), respectively;
(y) “ingredient” means any substance, including a food additive used in the
manufacture or preparation of food and present in the final product, possibly in a
modified form;
(z) “label” means any tag, brand, mark, pictorial or other descriptive matter, written,
printed, stencilled, marked, embossed, graphic, perforated, stamped or impressed on
or attached to container, cover, lid or crown of any food package and includes a
product insert;
(za) “licence” means a licence granted under section 31;
(zb) “local area” means any area, whether urban or rural, notified by the
Commissioner of Food Safety, to be a local area for the purposes of this Act;
(zc) “manufacture” means a process or adoption or any treatment for conversion of
ingredients into an article of food, which includes any sub-process, incidental or
ancillary to the manufacture of an article of food;
(zd) “manufacturer” means a person engaged in the business of manufacturing any
article of food for sale and includes any person who obtains such article from another
person and packs and labels it for sale or only labels it for such purposes;
(ze)“Member” means Member of the Food Authority and includes the Chairperson;
(zf) “misbranded food” means an article of food –
(A) if it is purported, or is represented to be, or is being –
(i) offered or promoted for sale with false, misleading or deceptive claims
either;
(a) upon the label of the package, or 5
(b) through advertisement, or
(ii) sold by a name which belongs to another article of food; or
(iii) offered or promoted for sale under the name of a fictitious individual or
company as the manufacturer or producer of the article as borne on the
package or containing the article or the label on such package; or
(B) if the article is sold in packages which have been sealed or prepared by or at the
instance of the manufacturer or producer bearing his name and address but -
(i) the article is an imitation of, or is a substitute for, or resembles in a manner
likely to deceive, another article of food under the name of which it is sold, and is not
plainly and conspicuously labelled so as to indicate its true character; or
(ii) the package containing the article or the label on the package bears any
statement, design or device regarding the ingredients or the substances contained
therein, which is false or misleading in any material particular, or if the package is
otherwise deceptive with respect to its contents; or
(iii) the article is offered for sale as the product of any place or country which
is false; or
(C) if the article contained in the package –
(i) contains any artificial flavouring, colouring or chemical preservative and
the package is without a declaratory label stating that fact or is not labelled in
accordance with the requirements of this Act or regulations made thereunder or is in
contravention thereof; or
(ii) is offered for sale for special dietary uses, unless its label bears such
information as may be specified by regulation, concerning its vitamins, minerals or
other dietary properties in order sufficiently to inform its purchaser as to its value for
such use; or
(iii) is not conspicuously or correctly stated on the outside thereof within the
limits of variability laid down under this Act.
(zg) “notification” means a notification published in the Official Gazette;
(zh) “package” means a pre-packed box, bottle, casket, tin, barrel, case, pouch,
receptacle, sack, bag, wrapper or such other things in which an article of food is
packed; 6
(zi) “premises” include any shop, stall, hotel, restaurant, airline services and food
canteens, place or vehicle or vessel where any article of food is sold or manufactured
or stored for sale;
(zj) “prescribed” means prescribed by rules made by the Central Government or the
State Government, as the case may be under this Act;
(zk) “primary food” means an article of food, being a produce of agriculture or
horticulture or animal husbandry and dairying or aquaculture in its natural form,
resulting from the growing, raising, cultivation, picking, harvesting, collection or
catching in the hands of a person other than a farmer or fisherman;
(zl) “prohibition order” means an order issued under section 33 of this Act;
(zm) “risk”, in relation to any article of food, means the probability of an adverse
effect on the health of consumers of such food and the severity of that effect,
consequential to a food hazard;
(zn) “risk analysis”, in relation to any article of food, means a process consisting of
three components, i.e. risk assessment, risk management and risk communication;
(zo) “risk assessment” means a scientifically based process consisting of the
following steps : (i) hazard identification,(ii) hazard characterisation; (iii) exposure
assessment, and (iv) risk characterisation;
(zp) “risk communication” means the interactive exchange of information and
opinions throughout the risk analysis process concerning risks, risk-related factors and
risk perceptions, among risk assessors, risk managers, consumers, industry, the
academic community and other interested parties, including the explanation of risk
assessment findings and the basis of risk management decisions;
(zq) “risk management” means the process, distinct from risk assessment, of
evaluating policy alternatives, in consultation with all interested parties considering
risk assessment and other factors relevant for the protection of health of consumers
and for the promotion of fair trade practices, and, if needed, selecting appropriate
prevention and control options;
(zr) “sale” with its grammatical variations and cognate expressions, means the sale of
any article of food, whether for cash or on credit or by way of exchange and whether
by wholesale or retail, for human consumption or use, or for analysis, and includes an
agreement for sale, an offer for sale, the exposing for sale or having in possession for
sale of any such article, and includes also an attempt to sell any such article; 7
(zs) “sample” means a sample of any article of food taken under the provisions of this
Act or any rules and regulations made thereunder;
(zt) “specified by regulations” means specified by regulations made by the Food
Authority;
(zu) “standard”, in relation to any article of food, means the standards notified by the
Food Authority;
(zv) “State Government” in relation to a Union territory means the Administrator of
that Union territory appointed by the President under article 239 of the Constitution;
(zw) “substance” includes any natural or artificial substance or other matter, whether
it is in a solid state or in liquid form or in the form of gas or vapour;
(zx) “Sub-standard” an article of food shall be deemed to be sub-standard if it does
not meet the specified standards but not so as to render the article of food unsafe;
(zy) “Tribunal” means the Food Safety Appellate Tribunal established under section
70;
(zz) “unsafe food” means an article of food whose nature, substance or quality is so
affected as to render it injurious to health :—
(i) by the article itself, or its package thereof, which is composed, whether
wholly or in part, of poisonous or deleterious substance; or
(ii) by the article consisting, wholly or in part, of any filthy, putrid, rotten,
decomposed or diseased animal substance or vegetable substance; or
(iii) by virtue of its unhygienic processing or the presence in that article of
any harmful substance; or
(iv) by the substitution of any inferior or cheaper substance whether wholly or
in part; or
(v) by addition of a substance directly or as an ingredient which is not
permitted; or
(vi) by the abstraction, wholly or in part, of any of its constituents; or
(vii) by the article being so coloured, flavoured or coated, powdered or
polished, as to damage or conceal the article or to make it appear better or of
greater value than it really is; or 8
(viii) by the presence of any colouring matter or preservatives other than that
specified in respect thereof; or
(ix) by the article having been infected or infested with worms, weevils, or
insects; or
(x) by virtue of its being prepared, packed or kept under insanitary conditions;
or
(xi) by virtue of its being mis-branded or sub-standard or food containing
extraneous matter; or
(xii) by virtue of containing pesticides and other contaminants in excess of
quantities specified by regulations.
(2) Any reference in this Act to a law which is not in force in the State of Jammu and
Kashmir shall, in relation to that State, be construed as a reference to the corresponding Law,
if any, in force in that State.
CHAPTER II
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA
4. Establishment of Food Safety and Standards Authority of India.
(1) The Central Government shall, by notification, establish a body to be known as the
Food Safety and Standards Authority of India to exercise the powers conferred on, and to
perform the functions assigned to, it under this Act.
(2) The Food Authority shall be a body corporate by the name aforesaid, having
perpetual succession and a seal with power to acquire, hold and dispose of property, both
movable and immovable, and to contract and shall, by the said name, sue or be sued.
(3) The head office of the Food Authority shall be at Delhi.
(4) The Food Authority may establish its offices at any other place in India.
5. Composition of Food Authority and qualifications for appointment of its Chairperson
and other Members
(1) The Food Authority shall consist of a Chairperson and the following twenty-two
members out of which one-third shall be women, namely:- 9
(a) seven Members, not below the rank of a Joint Secretary to the Government of
India, to be appointed by the Central Government, to respectively represent the
Ministries or Departments of the Central Government dealing with -
(i) Agriculture,
(ii) Commerce,
(iii) Consumer Affairs,
(iv) Food Processing,
(v) Health,
(vi) Legislative Affairs,
(vii) Small Scale Industries,
who shall be Members ex officio;
(b) two representatives from food industry of which one shall be from small scale
industries;
(c) two representatives from consumer organisations;
(d) three eminent food technologists or scientists;
(e) five members to be appointed by rotation every three years, one each in seriatim
from the Zones as specified in the First Schedule to represent the States and the Union
territories;
(f) two persons to represent farmers’ organisations;
(g) one person to represent retailers’ organisations.
(2) The Chairperson and other Members of the Food Authority shall be appointed in
such a manner so as to secure the highest standards of competence, broad range of relevant
expertise, and shall represent, the broadest possible geographic distribution within the
country.
(3) The Chairperson shall be appointed by the Central Government from amongst the
persons of eminence in the field of food science or from amongst the persons from the
administration who have been associated with the subject and is either holding or has held the
position of not below the rank of Secretary to the Government of India.
(4) The Chairperson and the Members other than ex officio Members of the Food
Authority shall be appointed by the Central Government on the recommendations of the
Selection Committee. 10
(5) The Chairperson or Members other than ex-officio Members of the Food
Authority shall not hold any other office.
6. Selection Committee for selection of Chairperson and Members of Food Authority.
(1) The Central Government shall, for the purpose of selection of the Chairperson and
the Members other than ex officio Members of the Food Authority, constitute a Selection
Committee consisting of –
(a) Cabinet Secretary – Chairperson,
(b) Secretary-in-charge of the Ministry or the Department responsible for
administration of this Act as the convener– Member,
(c) Secretary-in-charge of the Ministries or the Departments of the Central
Government dealing with Health ,Legislative and Personnel– Members,
(d) Chairman of the Public Enterprises Selection Board –Member,
(e) An eminent food technologist to be nominated by the Central Government –
Member.
Explanation– For the purposes of clause (e), the Central Government shall nominate a person
from amongst persons holding the post of Director or the Head, by whatever name called, of
any national research or technical institution.
(2) The Central Government shall, within two months from the date of occurrence of
any vacancy by reason of death, resignation, or removal of the Chairperson or a Member of
the Food Authority and three months before the superannuation or completion of the term of
office of the Chairperson or any Member of that Authority, make a reference to the Selection
Committee for filling up of the vacancy.
(3) The Selection Committee shall finalise the selection of the Chairperson and
Members of the Food Authority within two months from the date on which the reference is
made to it.
(4) The Selection Committee shall recommend a panel of two names for every
vacancy referred to it.
(5) Before recommending any person for appointment as a Chairperson or other
Member of the Food Authority, the Selection Committee shall satisfy itself that such person
does not have any financial or other interest, which is likely to affect prejudicially his
functions as a Member. 11
(6) No appointment of the Chairperson or other Member of the Food Authority shall
be invalid merely by reason of any vacancy in the Selection Committee.
7. Term of Office, salary, allowances and other conditions of service of Chairperson and
Members of Food Authority
(1) The Chairperson and the members other than ex officio Members shall hold office
for a term of three years from the date on which they enter upon their offices, and shall be
eligible for re-appointment for a further period of three years:
Provided that the Chairperson shall not hold office as such after he has attained the
age of sixty-five years.
(a) in the case of the Chairperson, the age of sixty-five years, and
(b) in the case of a Member, the age of sixty-two years.
(2) The salary and allowances payable to, and the other terms and conditions of
service of the Chairperson and Members other than ex-officio Members shall be such as may
be prescribed by the Central Government.
(3) The Chairperson and every Member shall, before entering upon his office, make
and subscribe to an oath of office and of secrecy in such form and in such manner and before
such authority as may be prescribed by the Central Government.
(4) Notwithstanding anything contained in sub-section the Chairperson or any
Member may –
(a) relinquish his office by giving in writing to the Central Government a notice of not
less than three months; or
(b) be removed from his office in accordance with the provisions of section 8.
(5) The Chairperson or any Member ceasing to hold office as such shall not represent
any person before the Food Authority or any State Authority in any manner.
8. Removal of Chairperson and Members of Food Authority.
(1) Notwithstanding anything contained in sub-section (1) of section 7, the Central
Government may, by order, remove from office the Chairperson or any other Member, if the
Chairperson or as the case may be, such other Member,—
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government,
involves moral turpitude; or 12
(c) has become physically or mentally incapable of acting as a Member; or
(d) has acquired such financial or other interests as is likely to affect prejudicially his
functions as a Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the
public interest.
(2) No Member shall be removed under clauses (d) and (e) of sub-section (1) unless
he has been given a reasonable opportunity of being heard in the matter.
9. Officers and other employees of Food Authority.
(1) There shall be a Chief Executive Officer of the Food Authority, not below the rank
of Additional Secretary to the Government of India, who shall be the Member-Secretary of
the Authority, to be appointed by the Central Government.
(2) The Food Authority may, with the approval of the Central Government, determine
the number, nature and categories of other officers and employees required to the Food
Authority in the discharge of its functions.
(3) The salaries and allowances payable to and other conditions of service of, the
Chief Executive Officer, officers, and other employees shall be such as may be specified by
regulations by the Food Authority with the approval of the Central Government.
10. Functions of the Chief Executive Officer
(1) The Chief Executive Officer shall be the legal representative of the Food
Authority and shall be responsible for –
(a) the day-to-day administration of the Food Authority;
(b) drawing up of proposal for the Food Authority’s work programmes in
consultation with the Central Advisory Committee;
(c) implementing the work programmes and the decisions adopted by the Food
Authority;
(d)ensuring the provision of appropriate scientific, technical and
administrative support for the Scientific Committee and the Scientific Panel;
(e) ensuring that the Food Authority carries out its tasks in accordance with
the requirements of its users, in particular with regard to the adequacy of the
services provided and the time taken; 13
(f) the preparation of the statement of revenue and expenditure and the
execution of the budget of the Food Authority; and
(g) developing and maintaining contact with the Central Government, and for
ensuring a regular dialogue with its relevant committees.
(2) Every year, the Chief Executive Officer shall submit to the Food Authority for
approval –
(a) a general report covering all the activities of the Food Authority in the previous
year;
(b) programmes of work;
(c) the annual accounts for the previous year; and
(d) the budget for the coming year.
(3) The Chief Executive Officer shall, following adoption by the Food Authority,
forward, the general report and the programmes to the Central Government and the State
Governments and shall have them published.
(4) The Chief Executive Officer shall approve all financial expenditure of the Food
Authority and report on the Authority’s activities to the Central Government.
(5) The Chief Executive Officer shall exercise the powers of the Commissioner of
Food Safety while dealing with matters relating to food safety of such articles.
(6) The Chief Executive Officer shall have administrative control over the officers
and other employees of the Food Authority.
11. Central Advisory Committee.
(1) The Food Authority shall, by notification, establish a Committee to be known as
the Central Advisory Committee.
(2) The Central Advisory Committee shall consist of two members each to represent
the interests of food industry, agriculture, consumers, relevant research bodies and food
laboratories and all Commissioners of Food Safety, and the Chairperson of the Scientific
Committee shall be ex officio member.
(3) The representatives of the concerned Ministries or Departments of the Central
Government in Agriculture, Animal Husbandry and Dairying, Bio-technology, Commerce
and Industry, Consumer Affairs, Environment and Forests, Food Processing Industries,
Health, Panchayati Raj, Small Scale Industries and Food and Public Distribution or 14
government institutes or organisations and government recognised farmers’ shall be invitees
to the deliberations of the Central Advisory Committee.
(4) The Chief Executive Officer shall be ex officio Chairperson of the Central
Advisory Committee.
(5) The Central Advisory Committee shall follow such rules of procedure including
its transaction of business as may be specified by regulations.
12. Functions of Central Advisory Committee.
(1) The Central Advisory Committee shall ensure close cooperation between the Food
Authority and the enforcement agencies and organisations operating in the field of food.
(2) The Central Advisory Committee shall advise the Food Authority on –
(a) the performance of its duties under this section and in particular in drawing
up of a proposal for the Food Authority’s work programme,
(b) on the prioritisation of work,
(c) identifying potential risks,
(d) pooling of knowledge, and
(e) such other functions as may be specified by regulations.
(3) The Central Advisory Committee shall meet regularly at the invitation of the
Chairperson of Central Advisory Committee or at the request of at least one-third of its
members, and not less than three times a year.
13. Scientific Panels.
(1) The Food Authority shall establish scientific panels, which shall consist of
independent scientific experts.
(2) The Scientific Panel shall invite the relevant industry and consumer
representatives in its deliberations.
(3) Without prejudice to the provisions of sub-section (1), the Food Authority may
establish as many Scientific Panels as it considers necessary in addition to the Panels on:
(a) food additives, flavourings, processing aids and materials in contact with
food;
(b) pesticides and antibiotics residues;
(c) genetically modified organisms and foods; 15
(d) functional foods, nutraceuticals, dietetic products and other similar
products;
(e) biological hazards;
(f) contaminants in the food chain;
(g) labelling; and
(h) method of sampling and analysis.
(4) The Food Authority may from time to time re-constitute the Scientific Panels by
adding new members or by omitting the existing members or by changing the name of the
panel as the case may be.
14. Scientific Committee.
(1) The Food Authority shall constitute Scientific Committee which shall consist of
the Chairpersons of the Scientific Panels and six independent scientific experts not belonging
or affiliated to any of the Scientific Panels.
(2) The Scientific Committee shall be responsible for providing the scientific opinions
to the Food Authority, and shall have the powers, where necessary, of organising public
hearings.
(3) The Scientific Committee shall be responsible for the general co-ordination
necessary to ensure consistency of the scientific opinion procedure and in particular with
regard to the adoption of working procedures and harmonisation of working methods of the
Scientific Panels.
(4) The Scientific Committee shall provide opinions on multi-sectoral issues falling
within the competence of more than one Scientific Panel, and on issues which do not fall
within the competence of any of the Scientific Panels.
(5) Wherever necessary, and particularly, in the case of subjects which do not fall
within the competence of any of the Scientific Panel, the Scientific Committee shall set up
working groups and in such cases, it shall draw on the expertise of those working groups
when establishing scientific opinions.
15. Procedure for Scientific Committee and Scientific Panel.
(1) The members of the Scientific Committee, who are not members of the Scientific
Panel and the members of the Scientific Panel shall be appointed by the Food Authority, for a
period of three years, which shall be renewable for such period, and the vacancy notice shall
be published in the relevant leading scientific publications and on the Food Authority’s
website for a call for expressions of interest. 16
(2) The Scientific Committee and the Scientific Panel shall each choose a Chairperson
from amongst their members.
(3) The Scientific Committee and the Scientific Panel shall act by a majority of their
members and the views of the members shall be recorded.
(4) The procedure for the operation and co-operation of the Scientific Committee and
the Scientific Panel shall be specified by regulations.
(5) These procedures shall relate in particular to –
(a) The number of times that a member can serve consecutively on a Scientific
Committee or Scientific Panel;
(b) the number of members in each Scientific Panel;
(c) the procedure for re-imbursing the expenses of members of the Scientific
Committee and the Scientific Panel;
(d) the manner in which tasks and requests for scientific opinions are assigned
to the Scientific Committee and the Scientific Panel;
(e) The creation and organisation of the working groups of the Scientific
Committee and the Scientific Panel, and the possibility of external experts
being included in those working groups;
(f) The possibility of observers being invited to meetings of the Scientific
Committee and the Scientific Panel;
(g) The possibility of organising public hearings; and
(h) Quorum of the meeting, meeting notice, agenda of the meeting and such
other matters.
16. Duties and functions of Food Authority.
(1) It shall be the duty of the Food Authority to regulate and monitor the manufacture,
processing, distribution, sale and import of food so as to ensure safe and wholesome food.
(2) Without prejudice to the provisions of sub-section (1),the Food Authority may by
regulations specify – 17
(a) the standards and guidelines in relation to articles of food and specifying
an appropriate system for enforcing various standards notified under this Act;
(b) the limits for use of food additives, crop contaminants, pesticide residues,
residues of veterinary drugs, heavy metals, processing aids, myco-toxins,
antibiotics and pharmacological active substances and irradiation of food;
(c) the mechanisms and guidelines for accreditation of certification bodies
engaged in certification of food safety management systems for food
businesses;
(d) the procedure and the enforcement of quality control in relation to any
article of food imported into India;
(e) the procedure and guidelines for accreditation of laboratories and
notification of the accredited laboratories;
(f) the method of sampling, analysis and exchange of information among
enforcement authorities;
(g) conduct survey of enforcement and administration of this Act in the
country;
(h) food labelling standards including claims on health, nutrition, special
dietary uses and food category systems for foods; and
(i) the manner in which and the procedure subject to which risk analysis, risk
assessment, risk communication and risk management shall be
undertaken.
(3) The Food Authority shall also –
(a) provide scientific advice and technical support to the Central Government
and the State Governments in matters of framing the policy and rules in
areas which have a direct or indirect bearing on food safety and nutrition;
(b) search, collect, collate, analyse and summarise relevant scientific and
technical data particularly relating to –
(i) food consumption and the exposure of individuals to risks related to the
consumption of food;
(ii) incidence and prevalence of biological risk;
(iii) contaminants in food; 18
(iv) residues of various contaminants;
(v) identification of emerging risks; and
(vi) introduction of rapid alert system;
(c) promote, co-ordinate and issue guidelines for the development of risk
assessment methodologies and monitor and conduct and forward messages on
the health and nutritional risks of food to the Central Government, State
Governments and Commissioners of Food Safety;
(d) provide scientific and technical advice and assistance to the Central
Government and the State Governments in implementation of crisis
management procedures with regard to food safety and to draw up a general
plan for crisis management and work in close co-operation with the crisis unit
set up by the Central Government in this regard;
(e) establish a system of network of organisations with the aim to facilitate a
scientific co-operation framework by the co-ordination of activities, the
exchange of information, the development and implementation of joint
projects, the exchange of expertise and best practices in the fields within the
Food Authority’s responsibility;
(f) provide scientific and technical assistance to the Central Government and
the State Governments for improving co-operation with international
organisations;
(g) take all such steps to ensure that the public, consumers, interested parties
and all levels of panchayats receive rapid, reliable, objective and
comprehensive information through appropriate methods and means;
(h) provide, whether within or outside their area, training programmes in food
safety and standards for persons who are or intend to become involved in food
businesses, whether as food business operators or employees or otherwise;
(i) undertake any other task assigned to it by the Central Government to carry
out the objects of this Act;
(j) contribute to the development of international technical standards for food,
sanitary and phyto-sanitary standards;
(k) contribute, where relevant and appropriate to the development of
agreement on recognition of the equivalence of specific food related measures; 19
(l) promote co-ordination of work on food standards undertaken by
international governmental and nongovernmental organisations;
(m) promote consistency between international technical standards and
domestic food standards while ensuring that the level of protection adopted in
the country is not reduced; and
(n) promote general awareness as to food safety and food standards.
(4) The Food Authority shall make it public without undue delay –
(a) the opinions of the Scientific Committee and the Scientific Panel
immediately after adoption;
(b) the annual declarations of interest made by members of the Food
Authority, the Chief Executive Officer, members of the Advisory Committee
and members of the Scientific Committee and Scientific Panel, as well as the
declarations of interest if any, made in relation to items on the agendas of
meetings;
(c) the results of its scientific studies; and
(d) the annual report of its activities;
(5) The Food Authority may from time to time give such directions, on matters
relating to food safety and standards, to the Commissioner of Food Safety, who shall be
bound by such directions while exercising his powers under this Act;
(6) The Food Authority shall not disclose or cause to be disclosed to third parties
confidential information that it receives for which confidential treatment has been requested
and has been acceded, except for information which must be made public if circumstances so
require, in order to protect public health.
17. Proceedings of Food Authority.
(1) The Food Authority shall meet at the head office or any of its offices at such time
as the Chairperson may direct, and shall observe such rules of procedure in regard to the
transaction of business at its meetings (including the quorum at its meetings)as may be
specified by regulations.
(2) If the Chairperson is unable to attend a meeting of the Food Authority, any other
Member nominated by the Chairperson in this behalf and, in the absence of such nomination 20
or where there is no Chairperson, any Member chosen by the Members present from amongst
themselves, shall preside at the meeting.
(3) All questions which come up before any meeting of the Food Authority shall be
decided by a majority of votes of the Members present and voting, and in the event of an
equality of votes, the Chairperson or the person presiding over the meeting shall have the
right to exercise a second or casting vote.
(4) All orders and decisions of the Food Authority shall be authenticated by the Chief
Executive Officer.
(5) The Chief Executive Officer shall take part in the meetings of the Food Authority
but without a right to vote.
(6) The Food Authority may invite the Chairperson of the Scientific Committee to
attend its meetings but without a right to vote.
(7) No act or proceedings of the Food Authority shall be questioned or invalidated
merely on the ground of existence of any vacancy or defect in the constitution of Food
Authority
CHAPTER III
GENERAL PRINCIPLES OF FOOD SAFETY
18. General principles to be followed in Administration of Act.
The Central Government, the State Governments, the Food Authority and other agencies, as
the case may be, while implementing the provisions of this Act shall be guided by the
following principles namely:-
(1) (a) endeavour to achieve an appropriate level of protection of human life and
health and the protection of consumer’s interests, including fair practices in
all kinds of food trade with reference to food safety standards and practices;
(b) carry out risk management which shall include taking into account the
results of risk assessment and other factors which in the opinion of the Food
Authority are relevant to the matter under consideration and where the
conditions are relevant, in order to achieve the general objectives of
regulations;
(c) where in any specific circumstances, on the basis of assessment of
available information, the possibility of harmful effects on health is identified
but scientific uncertainty persists, provisional risk management measures
necessary to ensure appropriate level of health protection may be adopted, 21
pending further scientific information for a more comprehensive risk
assessment;
(d) the measures adopted on the basis of clause (c) shall be proportionate and
no more restrictive of trade than is required to achieve appropriate level of
health protection, regard being had to technical and economic feasibility and
other factors regarded as reasonable and proper in the matter under
consideration;
(e) The measures adopted shall be reviewed within a reasonable period of
time, depending on the nature of the risk to life or health being identified and
the type of scientific information needed to clarify the scientific uncertainty
and to conduct a more comprehensive risk assessment;
(f) in cases where there are reasonable grounds to suspect that a food may
present a risk for human health, then, depending on the nature, seriousness and
extent of that risk, the Food Authority and the Commissioner of Food Safety
shall take appropriate steps to inform the general public of the nature of the
risk to health, identifying to the fullest extent possible the food or type of food,
the risk that it may present, and the measures which are taken or about to be
taken to prevent, reduce or eliminate that risk; and
(g) where any food which fails to comply with food safety requirements is part
of a batch, lot or consignment of food of the same class or description, it shall
be presumed until the contrary is proved, that all of the food in that batch, lot
or consignment fails to comply with those requirements.
(2) The Food Authority shall, while framing regulations or specifying standards under
this Act–
(a) take into account –
(i) prevalent practices and conditions in the country including agricultural
practices and handling, storage and transport conditions; and
(ii) international standards and practices, where international standards or
practices exist or are in the process of being formulated, unless it is of opinion
that taking into account of such prevalent practices and conditions or
international standards or practices or any particular part thereof would not be
an effective or appropriate means for securing the objectives of such
regulations or where there is a scientific justification or where they would
result in a different level of protection from the one determined as appropriate
in the country; 22
(b) determine food standards on the basis of risk analysis except where it is of opinion
that such analysis is not appropriate to the circumstances or the nature of the case;
(c) undertake risk assessment based on the available scientific evidence and in an
independent, objective and transparent manner;
(d) ensure that there is open and transparent public consultation, directly or through
representative bodies including all levels of panchayats, during the preparation,
evaluation and revision of regulations, except where it is of opinion that there is an
urgency concerning food safety or public health to make or amend the regulations in
which case such consultation may be dispensed with :
Provided that such regulations shall be in force for not more than six months;
(e) ensure protection of the interests of consumers and shall provide a basis for
consumers to make informed choices in relation to the foods they consume;
(f) ensure prevention of –
(i) fraudulent, deceptive or unfair trade practices which may mislead or
harm the consumer; and
(ii) unsafe or contaminated or sub-standard food.
(3) The provisions of this Act shall not apply to any farmer or fisherman or farming
operations or crops or livestock or aquaculture, and supplies used or produced in farming or
products of crops produced by a farmer at farm level or a fisherman in his operations.
CHAPTER IV
GENERAL POVISIONS AS TO ARTICLES OF FOOD
19. Use of food additive or processing aid
No article of food shall contain any food additive or processing aid unless it is in
accordance with the provisions of this Act and regulations made thereunder.
Explanation.– For the purposes of this section, “processing aid” means any
substance or material, not including apparatus or utensils, and not consumed as a food
ingredient by itself, used in the processing of raw materials, foods or its ingredients to fulfil a 23
certain technological purpose during treatment or processing and which may result in the
non-intentional but unavoidable presence of residues or derivatives in the final product.
20. Contaminants, naturally occurring toxic substances, heavy metals, etc
No article of food shall contain any contaminant, naturally occurring toxic substances
or toxins or hormone or heavy metals in excess of such quantities as may be specified by
regulations.
21. Pesticides, veterinary drugs residues, antibiotic residues and microbiological counts
(1) No article of food shall contain insecticides or pesticides residues, veterinary
drugs residues, antibiotic residues, solvent residues, pharmacological active substances and
micro-biological counts in excess of such tolerance limit as may be specified by regulations.
(2) No insecticide shall be used directly on article of food except fumigants registered
and approved under the Insecticides Act, 1968 (46 of 1968).
Explanation. – For the purposes of this section, –
(1) “pesticide residue” means any specified substance in food resulting from
the use of a pesticide and includes any derivatives of a pesticide, such as conversion
products, metabolites, reaction products and impurities considered to be of
toxicological significance and also includes such residues coming into food from
environment;
(2) “residues of veterinary drugs” include the parent compounds or their
metabolites or both in any edible portion of any animal product and include residues
of associated impurities of the veterinary drugs concerned.
22. Genetically modified foods, organic foods, functional foods, proprietary foods, etc.
Save as otherwise provided under this Act and regulations made thereunder, no person
shall manufacture, distribute, sell or import any novel food, genetically modified articles of
food, irradiated food, organic foods, foods for special dietary uses, functional foods,
neutraceuticals, health supplements, proprietary foods and such other articles of food which
the Central Government may notify in this behalf.
Explanation.– For the purposes of this section,–
(1) “foods for special dietary uses or functional foods or nutraceuticals or health
supplements” means: 24
(a) foods which are specially processed or formulated to satisfy particular dietary
requirements which exist because of a particular physical or physiological
condition or specific diseases and disorders and which are presented as such,
wherein the composition of these foodstuffs must differ significantly from the
composition of ordinary foods of comparable nature, if such ordinary foods exist,
and may contain one or more of the following ingredients, namely:-
(i) plants or botanicals or their parts in the form of powder, concentrate or
extract in water, ethyl alcohol or hydro alcoholic extract, single or in
combination;
(ii) minerals or vitamins or proteins or metals or their compounds or amino
acids (in amounts not exceeding the Recommended Daily Allowance for
Indians) or enzymes (within permissible limits);
(iii) substances from animal origin;
(iv) a dietary substance for use by human beings to supplement the diet by
increasing the total dietary intake;
(b) (i) a product that is labelled as a “Food for special dietary uses or functional foods
or nutraceuticals or health supplements or similar such foods” which is not
represented for use as a conventional food and whereby such products may be
formulated in the form of powders, granules, tablets, capsules, liquids, jelly and other
dosage forms but not parenterals, and are meant for oral administration;
(ii) such product does not include a drug as defined in clause (b) and ayurvedic,
sidha and unani drugs as defined in clauses (a) and (h) of section 3 of the Drugs
and Cosmetics Act, 1940 (23 of 1940) and rules made thereunder;
(iii) does not claim to cure or mitigate any specific disease, disorder or condition
(except for certain health benefit or such promotion claims) as may be permitted by
the regulations made under this Act;
(iv) does not include a narcotic drug or a psychotropic substance as defined in the
Schedule of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of
1985) and rules made thereunder and substances listed in Schedules E and EI of the
Drugs and Cosmetics Rules, 1945;
(2) “genetically engineered or modified food” means food and food ingredients
composed of or containing genetically modified or engineered organisms
obtained through modern biotechnology, or food and food ingredients 25
produced from but not containing genetically modified or engineered
organisms obtained through modern biotechnology;
(3) “organic food” means food products that have been produced in accordance
with specified organic production standards;
(4) “proprietary and novel food” means an article of food for which standards
have not been specified but is not unsafe:
Provided that such food does not contain any of the foods and ingredients
prohibited under this Act and regulations made thereunder.
23. Packaging and labelling of foods.
(1) No person shall manufacture, distribute, sell or expose for sale or despatch or
deliver to any agent or broker for the purpose of sale, any packaged food products which are
not marked and labelled in the manner as may be specified by regulations:
Provided that the labels shall not contain any statement, claim, design or device which
is false or misleading in any particular concerning the food products contained in the package
or concerning the quantity or the nutritive value implying medicinal or therapeutic claims or
in relation to the place of origin of the said food products.
(2) Every food business operator shall ensure that the labelling and presentation of
food, including their shape, appearance or packaging, the packaging materials used, the
manner in which they are arranged and the setting in which they are displayed, and the
information which is made available about them through whatever medium, does not mislead
consumers.
24. Restrictions of advertisement and prohibition as to unfair trade practices.
(1) No advertisement shall be made of any food which is misleading or deceiving or
contravenes the provisions of this Act, the rules and regulations made thereunder.
(2) No person shall engage himself in any unfair trade practice for purpose of
promoting the sale, supply, use and consumption of articles of food or adopt any unfair or
deceptive practice including the practice of making any statement, whether orally or in
writing or by visible representation which -
(a) falsely represents that the foods are of a particular standard, quality, quantity or
grade-composition;
(b) makes a false or misleading representation concerning the need for, or the
usefulness; 26
(c) gives to the public any guarantee of the efficacy that is not based on an adequate
or scientific justification thereof:
Provided that where a defence is raised to the effect that such guarantee is based on
adequate or scientific justification, the burden of proof of such defence shall lie on the
person raising such defence.
CHAPTER V
PROVISIONS RELATING TO IMPORT
25. All imports of articles of food to be subject to this Act.
(1) No person shall import into India –
(i) any unsafe or misbranded or sub-standard food or food containing
extraneous matter;
(ii) any article of food for the import of which a licence is required under any
Act or rules or regulations, except in accordance with the conditions of the
licence; and
(iii) any article of food in contravention of any other provision of this Act or
of any rule or regulation made thereunder or any other Act.
(2) The Central Government shall, while prohibiting, restricting or otherwise
regulating import of article of food under the Foreign Trade (Development and Regulation)
Act, 1992 (22 of 1992), follow the standards laid down by the Food Authority under the
provisions of this Act and the Rules and regulations made thereunder.
CHAPTER VI
SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY
26. Responsibilities of the Food business operator.
(1) Every food business operator shall ensure that the articles of food satisfy the
requirements of this Act and the rules and regulations made thereunder at all stages of
production, processing, import, distribution and sale within the businesses under his control.
(2) No food business operator shall himself or by any person on his behalf
manufacture, store, sell or distribute any article of food –
(i) which is unsafe; or
(ii) which is misbranded or sub-standard or contains extraneous matter; or 27
(iii) for which a licence is required, except in accordance with the conditions of the
licence; or
(iv) which is for the time being prohibited by the Food Authority or the Central
Government or the State Government in the interest of public health; or
(v) in contravention of any other provision of this Act or of any rule or regulation
made thereunder.
(3) No food business operator shall employ any person who is suffering from
infectious, contagious or loathsome disease.
(4) No food business operator shall sell or offer for sale any article of food to any
vendor unless he also gives a guarantee in writing in the form specified by regulations about
the nature and quality of such article to the vendor:
Provided that a bill, cash memo, or invoice in respect of the sale of any article of food
given by a food business operator to the vendor shall be deemed to be a guarantee under this
section, even if a guarantee in the specified form is not included in the bill, cash memo or
invoice.
(5) Where any food which is unsafe is part of a batch, lot or consignment of food of
the same class or description, it shall be presumed that all the food in that batch, lot or
consignment is also unsafe, unless following a detailed assessment within a specified time, it
is found that there is no evidence that the rest of the batch, lot or consignment is unsafe:
Provided that any conformity of a food with specific provisions applicable to that food
shall be without prejudice to the competent authorities taking appropriate measures to impose
restrictions on that food being placed on the market or to require its withdrawal from the
market for the reasons to be recorded in writing where such authorities suspect that, despite
the conformity, the food is unsafe.
27. Liability of the manufacturers, packers, wholesalers, distributors and sellers
(1) The manufacturer or packer of an article of food shall be liable for such article of
food if it does not meet the requirements of this Act and the rules and regulations made
thereunder.
(2) The wholesaler or distributor shall be liable under this Act for any article of food
which is–
(a) Supplied after the date of its expiry; or
(b) Stored or supplied in violation of the safety instructions of the
manufacturer; or
(c) Unsafe or misbranded; or 28
(d) Unidentifiable of manufacturer from whom the article of food have been
received; or
(e) Stored or handled or kept in violation of the provisions of this Act, the
rules and regulations made thereunder; or
(f) received by him with knowledge of being unsafe.
(2) The seller shall be liable under this Act for any article of food which is –
(a) sold after the date of its expiry; or
(b) handled or kept in unhygienic conditions; or
(c) misbranded; or
(d) unidentifiable of the manufacturer or the distributors from whom such
articles of food were received; or
(e) received by him with knowledge of being unsafe.
28. Food recall procedures.
(1) If a food business operator considers or has reasons to believe that a food which he
has processed, manufactured or distributed is not in compliance with this Act, or the rules or
regulations, made thereunder, he shall immediately initiate procedures to withdraw the food
in question from the market and consumers indicating reasons for its withdrawal and inform
the competent authorities thereof.
(2) A food business operator shall immediately inform the competent authorities and
co-operate with them, if he considers or has reasons to believe that a food which he has
placed on the market may be unsafe for the consumers.
(3) The food business operator shall inform the competent authorities of the action
taken to prevent risks to the consumer and shall not prevent or discourage any person from
cooperating, in accordance with this Act, with the competent authorities, where this may
prevent, reduce or eliminate a risk arising from a food.
(4) Every food business operator shall follow such conditions and guidelines relating
to food recall procedures as the Food Authority may specify by regulations.
CHAPTER VII
ENFORCEMENT OF THE ACT
29. Authorities responsible for enforcement of Act.
(1) The Food Authority and the State Food Safety Authorities shall be responsible for
the enforcement of this Act. 29
(2) The Food Authority and the State Food Safety Authorities shall monitor and verify
that the relevant requirements of law are fulfilled by food business operators at all stages of
food business.
(3) The authorities shall maintain a system of control and other activities as
appropriate to the circumstances, including public communication on food safety and risk,
food safety surveillance and other monitoring activities covering all stages of food business.
(4) The Food Safety Officers shall enforce and execute within their area the
provisions of this Act with respect to which the duty is not imposed expressly or by necessary
implication on some other authority.
(5) The regulations under this Act shall specify which of the Food Safety Officers are
to enforce and execute them, either generally or in relation to cases of a particular description
or a particular area, and any such regulations or orders may provide for the giving of
assistance and information by any authority concerned in 11the administration of the
regulations or orders, or of any provisions of this Act, to any other authority so concerned, for
the purposes of their respective duties under them.
(6) The Commissioner of Food Safety and Designated Officer shall exercise the same
powers as are conferred on the Food Safety Officer and follow the same procedure specified
in this Act.
30. Commissioner of Food Safety of the State.
(1) The State Government shall appoint the Commissioner of Food Safety for the
State for efficient implementation of food safety and standards and other requirements laid
down under this Act and the rules and regulations made thereunder.
(2) The Commissioner of Food Safety shall perform all or any of the following
functions, namely:–
(a) prohibit in the interest of public health, the manufacture, storage,
distribution or sale of any article of food, either in the whole of the State or
any area or part thereof for such period, not exceeding one year, as may be
specified in the order notified in this behalf in the Official Gazette;
(b) carry out survey of the industrial units engaged in the manufacture or
processing of food in the State to find out compliance by such units of the
standards notified by the Food Authority for various articles of food; 30
(c) conduct or organise training programmes for the personnel of the office of
the Commissioner of Food Safety and, on a wider scale, for different segments
of food chain for generating awareness on food safety;
(d) ensure an efficient and uniform implementation of the standards and other
requirements as specified and also ensure a high standard of objectivity,
accountability, practicability, transparency and credibility;
(e) sanction prosecution for offences punishable with imprisonment under this
Act;
(f) such other functions as the State Government may, in consultation with the
Food Authority, prescribe.
(3) The Commissioner of Food Safety may, by Order, delegate, subject to such
conditions and restrictions as may be specified in the Order, such of his powers and functions
under this Act(except the power to appoint Designated Officer, Food Safety Officer and Food
Analyst) as he may deem necessary or expedient to any officer subordinate to him.
31. Licensing and registration of food business.
(1) No person shall commence or carry on any food business except under a licence.
(2) Nothing contained in sub-section (1) shall apply to a petty manufacturer who
himself manufactures or sells any article of food or a petty retailer, hawker, itinerant vendor
or a temporary stall holder or small scale or cottage or such other industries relating to food
business or tiny food business operator; but they shall register themselves with such authority
and in such manner as may be specified by regulations, without prejudice to the availability
of safe and wholesome food for human consumption or affecting the interests of the
consumers.
(3) Any person desirous to commence or carry on any food business shall make an
application for grant of a licence to the Designated Officer in such manner containing such
particulars and fees as may be specified by regulations.
(4) The Designated Officer on receipt of an application under sub-section (3), may
either grant the licence or after giving the applicant an opportunity of being heard and for
reasons to be recorded in writing, refuse to grant a licence to any applicant, if he is satisfied
that it is necessary so to do in the interest of public health and shall make available to the
applicant a copy of the order:
Provided that if a licence is not issued within two months from the date of making the
application or his application is not rejected, the applicant may start his food business after 31
expiry of the said period and in such a case, the Designated Officer shall not refuse to issue a
licence but may, if he considers necessary, issue an improvement notice, under section 32 and
follow procedures in that regard.
(5) Every licence shall be in such form and subject to such conditions as may be
specified by regulations.
(6) A single licence may be issued by the Designated Officer for one or more articles
of food and also for different establishments or premises in the same area.
(7) If the articles of food are manufactured, stored, sold or exhibited for sale at
different premises situated in more than one area, separate applications shall be made and
separate licence shall be issued in respect of such premises not falling within the same area.
(8) An appeal against the order of rejection for the grant of licence shall lie to the
Commissioner of Food Safety.
(9) A licence unless suspended or cancelled earlier shall be in force for such period as
may be specified by regulations: Provided that if an application for a renewal of licence is
made before the expiry of the period of validity of the licence, the licence shall continue to be
in force until orders are passed on the application.
(10) The licence shall subsist for the benefit of the deceased’s personal representative
or any other member of his family, until the expiry of –
(a) the period of three months beginning with his death; or
(b) such longer period as the Designated Officer may allow.
32. Improvement notices.
(1) If the Designated Officer has reasonable ground for believing that any food
business operator has failed to comply with any regulations to which this section applies, he
may, by a notice served on that food business operator (in this Act referred to as an
“improvement notice”)–
(a) state the grounds for believing that the food business operator has failed to
comply with the regulations;
(b) specify the matters which constitute the food business operator’s failure so
to comply;
(c) specify the measures which, in the opinion of the said Authority, the food
business operator must take, in order to secure compliance; and
(d) require the food business operator to take those measures, or measures
which are at least equivalent to them, within a reasonable period (not being
less than fourteen days) as may be specified in the notice. 32
(2) If the food business operator fails to comply with an improvement notice, his
licence may be suspended.
(3) If the food business operator still fails to comply with the improvement notice, the
Designated Officer may, after giving the licensee an opportunity to show cause,
cancel the licence granted to him:
Provided that the Designated Officer may suspend any licence forthwith in the interest
of public health for reasons to be recorded in writing.
(4) Any person who is aggrieved by –
(a) an improvement notice; or
(b) refusal to issue a certificate as to improvement; or
(c) cancellation or suspension or revocation of licence under this Act, may
appeal to the Commissioner of Food Safety whose decision thereon, shall be
final.
(5) The period within which such an appeal may be brought shall be –
(a) fifteen days from the date on which notice of the decision was served on
the person desiring to appeal; or
(b) in the case of an appeal under sub-section (1), the said period or the period
specified in the improvement notice, whichever expires earlier.
Explanation – For the purpose of this sub-section, the making of the complaint shall be
deemed to be the bringing of the appeal.
33. Prohibition orders.
(1) If –
(a) any food business operator is convicted of an offence under this Act; and
(b) the court by or before which he is so convicted is satisfied that the health
risk exists with respect to that food business, the court, after giving the food
business operator an opportunity of being heard, may by an order, impose the
following prohibitions, namely:-
(i) a prohibition on the use of the process or treatment for the purposes
of the food business;
(ii) a prohibition on the use of the premises or equipment for the
purposes of the food business or any other food business of the same
class or description; 33
(iii) a prohibition on the use of the premises or equipment for the
purposes of any food business.
(2) The court may, on being satisfied that it is necessary so to do, by an order, impose
a prohibition on the food business operator participating in the management of any food
business, or any food business of a class or description specified in the order.
(3) As soon as practicable after the making of an order under sub-section (1) or subsection (2) (in this Act referred to as a “prohibition order”), the concerned Food Safety
Officer shall
(a) serve a copy of the order on the food business operator; and
(b) in the case of an order under sub-section (1), affix a copy of the order at a
conspicuous place on such premises used for the purposes of the food
business, and any person who knowingly contravenes such an order shall be
guilty of an offence and be punishable with a fine which may extend to three
lakh rupees.
(4) The concerned Food Safety Officer shall with the approval of the Designated
Officer issue a certificate to the effect that the food business operator has taken sufficient
measures justifying lifting of the prohibition order, within seven days of his being satisfied on
an application made by the food business operator for such a certificate or the said officer
shall–
(a) determine, as soon as is reasonably practicable and in any event within
fourteen days, whether or not he is so satisfied; and
(b) if he determines that he is not so satisfied, give notice to the food business
operator of the reasons for that determination.
(5) A prohibition order shall cease to have effect upon the court being satisfied, on an
application made by the food business operator not less than six months after the prohibition
order has been passed, that the food business operator has taken sufficient measures justifying
the lifting of the prohibition order.
(6) The court shall give a direction on an application by the food business operator, if
the court thinks it proper so to do having regard to all the circumstances of the case, including
in particular, the conduct of the food business operator since the making of the order; but no
such application shall be entertained if it is not made –
(a) within six months after the making of the prohibition order; or
(b) within three months after the making by the food business operator of a
previous application for such a direction. 34
Explanation – For the purpose of this section,–
(i) any reference above shall apply in relation to a manager of a food business as it
applies in relation to the food business operator; and any reference to the food business
operator of the business, or to the food business operator, shall be construed accordingly;
(ii) “manager”, in relation to a food business, means any person who is entrusted by
the food business operator with the day-to-day running of the business, or any part of the
business.
34. Emergency prohibition notices and orders.
(1) If the Designated Officer is satisfied that the health risk condition exists with
respect to any food business, he may, after a notice served on the food business operator (in
this Act referred to as an ‘emergency prohibition notice”), apply to the Commissioner of
Food Safety for imposing the prohibition.
(2) If the Commissioner of Food Safety is satisfied, on the application of such an
officer, that the health risk condition exists with respect to any food business, he shall, by an
order, impose the prohibition.
(3) The Designated Officer shall not apply for an emergency prohibition order unless,
at least one day before the date of the application, he has served notice on the food business
operator of the business of his intention to apply for the order.
(4) As soon as practicable after the making of an emergency prohibition order, the
Designated Officer shall require the Food Safety Officer to –
(a) serve a copy of the order on the food business operator of the business; or
(b) affix a copy of the order at a conspicuous place on such premises used for
the purposes of that business; and any person who knowingly contravenes
such an order shall be guilty of an offence and shall be punishable with
imprisonment for a term which may extend to two years and with fine which
may extend to two lakh rupees.
(5) An emergency prohibition order shall cease to have effect on the issue by the
Designated Officer of a certificate to the effect that he is satisfied that the food business
operator has taken sufficient measures for justifying the lifting of such order.
(6) The Designated Officer shall issue a certificate under subsection (5) within seven
days of an application by the food business operator for such a certificate and on his being 35
not satisfied, the said officer shall give notice to the food business operator within a period of
ten days indicating the reasons for such decision.
35. Notification of food poisoning.
The Food Authority may, by notification, require registered medical practitioners
carrying on their profession in any local area specified in the notification, to report all
occurrences of food poisoning coming to their notice to such officer as may be specified.
36. Designated Officer.
(1) The Commissioner of Food Safety shall, by order, appoint the Designated Officer,
who shall not be below the rank of a Sub-Divisional Officer, to be in-charge of food safety
administration in such area as may be specified by regulations.
(2) There shall be a Designated Officer for each district.
(3) The functions to be performed by the Designated Officer shall be as follows,
namely :—
(a) to issue or cancel licence of food business operators;
(b) to prohibit the sale of any article of food which is in contravention of the
provisions of this Act and rules and regulations made thereunder;
(c) to receive report and samples of article of foods from Food Safety Officer
under his jurisdiction and get them analysed;
(d) to make recommendations to the Commissioner of Food Safety for
sanction to launch prosecutions in case of contraventions punishable with
imprisonment;
(e) to sanction or launch prosecutions in cases of contraventions punishable
with fine;
(f) to maintain record of all inspections made by Food Safety Officers and
action taken by them in the performance of their duties;
(g) to get investigated any complaint which may be made in writing in respect
of any contravention of the provisions of this Act and the rules and regulations
made thereunder;
(h) to investigate any complaint which may be made in writing against the
Food Safety Officer; and 36
(i) to perform such other duties as may be entrusted by the Commissioner of
Food Safety.
37. Food Safety Officer.
(1) The Commissioner of Food Safety shall, by notification, appoint such persons as
he thinks fit, having the qualifications prescribed by the Central Government, as Food Safety
Officers for such local areas as he may assign to them for the purpose of performing
functions under this Act and the rules and regulations made thereunder.
(2) The State Government may authorise any officer of the State Government having
the qualifications prescribed under sub-section (1) to perform the functions of a Food Safety
Officer within a specified jurisdiction.
38. Powers of Food Safety Officer.
(1) The Food Safety Officer may –
(a) take a sample –
(i) of any food, or any substance, which appears to him to be intended
for sale, or to have been sold for human consumption; or
(ii) of any article of food or substance which is found by him on or in
any such premises; which he has reason to believe that it may be
required as evidence in proceedings under any of the provisions of this
Act or of the regulations or orders made thereunder; or
(b) seize any article of food which appears to the Food Safety Officer to be in
contravention of this Act or the regulations made thereunder; and
(c) keep it in the safe custody of the food business operator such article of
food after taking a sample; and in both cases send the same for analysis to a
Food Analyst for the local area within which such sample has been taken:
Provided that where the Food Safety Officer keeps such article in the safe custody of
the food business operator, he may require the food business operator to execute a bond for a
sum of money equal to the value of such article with one or more sureties as the Food Safety
Officer deems fit and the food business operator shall execute the bond accordingly.
(2) The Food Safety Officer may enter and inspect any place where the article of food
is manufactured, or stored for sale, or stored for the manufacture of any other article of food,
or exposed or exhibited for sale and where any adulterant is manufactured or kept, and take
samples of such articles of food or adulterant for analysis. 37
(3) Where any sample is taken, its cost calculated at the rate at which the article is
usually sold to the public shall be paid to the person from whom it is taken.
(4) Where any article of food seized under clause (b) of subsection (1) is of a
perishable nature and the Food Safety Officer is satisfied that such article of food is so
deteriorated that it is unfit for human consumption, the Food Safety Officer may, after giving
notice in writing to the food business operator, cause the same to be destroyed.
(5) The Food Safety Officer shall, in exercising the powers of entry upon, and
inspection of any place under this section, follow, as far as may be, the provisions of the
Code of Criminal Procedure, 1973 (2 of 1974) relating to the search or inspection of a place
by a police officer executing a search warrant issued under that Code.
(6) Any adulterant found in the possession of a manufacturer or distributor of, or
dealer in, any article of food or in any of the premises occupied by him as such and for the
possession of which he is unable to account to the satisfaction of the Food Safety Officer and
any books of account or other documents found in his possession or control and which would
be useful for, or relevant to, any investigation or proceeding under this Act, may be seized by
the Food Safety Officer and a sample of such adulterant submitted for analysis to a Food
Analyst:
Provided that no such books of account or other documents shall be seized by the
Food Safety Officer except with the previous approval of the authority to which he is
subordinate.
(7) Where the Food Safety Officer takes any action under clause (a) of sub-section
(1), or sub-section (2), or sub-section (4) or sub-section (6), he shall, call one or more persons
to be present at the time when such action is taken and take his or their signatures.
(8) Where any books of account or other documents are seized under sub-section (6),
the Food Safety Officer shall, within a period not exceeding thirty days from the date of
seizure, return the same to the person from whom they were seized after copies thereof or
extracts there from as certified by that person in such manner as may be prescribed by the
Central Government have been taken:
Provided that where such person refuses to so certify and a prosecution has been
instituted against him under this Act, such books of account or other documents shall be
returned to him only after copies thereof and extracts there from as certified by the court have
been taken.
(9) When any adulterant is seized under sub-section (6), the burden of proving that
such adulterant is not meant for purposes of adulteration shall be on the person from whose
possession such adulterant was seized. 38
(10) The Commissioner of Food Safety may from time to time issue guidelines with
regard to exercise of powers of the Food Safety Officer, which shall be binding:
Provided that the powers of such Food Safety Officer may also be revoked for a
specified period by the Commissioner of Food Safety.
39. Liability of Food Safety Officer in certain cases.
Any Food Safety Officer exercising powers under this Act or the rules and regulations
made thereunder who –
(a) vexatiously and without any reasonable ground seizes any article of food or
adulterant; or
(b) commits any other act to the injury of any person without having reason to believe
that such act is necessary for the execution of his duty. shall be guilty of an offence under this
Act and shall be liable to a penalty which may extend to one lakh rupees:
Provided that in case any false complaint is made against a Food Safety Officer and it
is proved so, the complainant shall be guilty of an offence under this Act and shall be
punishable with fine which shall not be less than fifty thousand rupees but may extend to one
lakh rupees.
40. Purchaser may have food analysed.
(1) Nothing contained in this Act shall be held to prevent a purchaser of any article of
food other than a Food Safety Officer from having such article analysed by the Food Analyst
on payment of such fees and receiving from the Food Analyst a report of his analysis within
such period as may be specified by regulations:
Provided that such purchaser shall inform the food business operator at the time of
purchase of his intention to have such article so analysed:
Provided further that if the report of the Food Analyst shows that the article of food is
not in compliance with the Act or the rules or regulations made thereunder, the purchaser
shall be entitled to get refund of the fees paid by him under this section.
(2) In case the Food Analyst finds the sample in contravention of the provisions of
this Act and rules and regulations made thereunder, the Food Analysts shall forward the
report to the Designated Officer to follow the procedure laid down in section 42 for
prosecution. 39
41. Power of search, seizure, investigation, prosecution and procedure thereof
(1) Notwithstanding anything contained in sub-section (2) of section 31, the Food
Safety Officer may search any place, seize any article of food or adulterant, if there is a
reasonable doubt about them being involved in commission of any offence relating to food,
and shall thereafter inform the Designated Officer of the actions taken by him in writing:
Provided that no search shall be deemed to be irregular by reason only of the fact that
witnesses for the search are not inhabitants of the locality in which the place searched is
situated.
(2) Save as in this Act otherwise expressly provided, provisions of the Code of
Criminal Procedure, 1973 (2 of 1974) relating to search, seizure, summon, investigation and
prosecution, shall apply, as far as may be, to all action taken by the Food Safety Officer under
this Act.
42. Procedure for launching prosecution.
(1) The Food Safety Officer shall be responsible for inspection of food business,
drawing samples and sending them to Food Analyst for analysis.
(2) The Food Analyst after receiving the sample from the Food Safety Officer shall
analyse the sample and send the analysis report mentioning method of sampling and analysis
within fourteen days to Designated Officer with a copy to Commissioner of Food Safety.
(3) The Designated Officer after scrutiny of the report of Food Analyst shall decide as
to whether the contravention is punishable with imprisonment or fine only and in the case of
contravention punishable with imprisonment, he shall send his recommendations within
fourteen days to the Commissioner of Food Safety for sanctioning prosecution.
(4) The Commissioner of Food Safety shall, if he so deems fit decide, within the
period prescribed by the Central Government, as per the gravity of offence, whether the
matter be referred to,–
(a) a court of ordinary jurisdiction in case of offences punishable with
imprisonment for a term up to three years; or
(b) a Special Court in case of offences punishable with imprisonment for a
term exceeding three years where such Special Court is established and in case no
Special Court is established, such cases shall be tried by a Court of ordinary
jurisdiction. 40
(5) The Commissioner of Food Safety shall communicate his decision to the
Designated Officer and the concerned Food Safety Officer who shall launch prosecution
before courts of ordinary jurisdiction or Special Court, as the case may be; and such
communication shall also be sent to the purchaser if the sample was taken under section 40.
CHAPTER VIII
ANALYSIS OF FOOD
43. Recognition and accreditation of laboratories, research institutions and referral food
laboratory
(1) The Food Authority may notify food laboratories and research institutions
accredited by National Accreditation Board for Testing and Calibration Laboratories or any
other accreditation agency for the purposes of carrying out analysis of samples by the Food
Analysts under this Act.
(2) The Food Authority shall, establish or recognise by notification, one or more
referral food laboratory or laboratories to carry out the functions entrusted to the referral food
laboratory by this Act or any rules and regulations made thereunder.
(3) The Food Authority may frame regulations specifying –
(a) The functions of food laboratory and referral food laboratory and the local
area or areas within which such functions may be carried out;
(b) The procedure for submission to the said laboratory of samples of articles
of food for analysis or tests, the forms of the laboratory’s reports thereon and
the fees payable in respect of such reports; and
(c) Such other matters as may be necessary or expedient to enable the said
laboratory to carry out its functions effectively.
44. Recognition of organisation or agency for food safety audit.
The Food Authority may recognise any organisation or agency for the purposes of
food safety audit and checking compliance with food safety management systems required
under this Act or the rules and regulations made thereunder.
45. Food Analysts.
The Commissioner of Food Safety may, by notification, appoint such persons as he
thinks fit, having the qualifications prescribed by the Central Government, to be Food
Analysts for such local areas as may be assigned to them by the Commissioner of Food
Safety: 41
Provided that no person, who has any financial interest in the manufacture or sale of
any article of food shall be appointed to be a Food Analyst under this section:
Provided further that different Food Analysts may be appointed for different articles
of food.
46. Functions of Food Analyst.
(1) On receipt of a package containing a sample for analysis from a Food Safety
Officer or any other person, the Food Analyst shall compare the seal on the container and the
outer cover with specimen impression received separately and shall note the conditions of the
seal thereon:
Provided that in case a sample container received by the Food Analyst is found to be
in broken condition or unfit for analysis, he shall within a period of seven days from the date
of receipt of such sample inform the Designated Officer about the same and send requisition
to him for sending second part of the sample.
(2) The Food Analyst shall cause to be analysed such samples of article of food as
may be sent to him by Food Safety Officer or by any other person authorised
under this Act.
(3) The Food Analyst shall, within a period of fourteen days from the date of receipt
of any sample for analysis, send—
(i) where such sample is received under section 38 or section 47, to the
Designated Officer, four copies of the report indicating the method of
sampling and analysis; and
(ii) where such sample is received under section 40, a copy of the report
indicating the method of sampling and analysis to the person who had
purchased such article of food with a copy to the Designated Officer:
Provided that in case the sample cannot be analysed within fourteen days of its
receipt, the Food Analyst shall inform the Designated Officer and the Commissioner of Food
Safety giving reasons and specifying the time to be taken for analysis.
(4) An appeal against the report of Food Analyst shall lie before the Designated
Officer who shall, if he so decides, refer the matter to the referral food laboratory as notified
by the Food Authority for opinion. 42
47. Sampling and analysis.
(1) When a Food Safety Officer takes a sample of food for analysis, he shall –
(a) give notice in writing of his intention to have it so analysed to the person
from whom he has taken the sample and to the person, if any, whose name,
address and other particulars have been disclosed;
(b) except in special cases as may be provided by rules made under this Act,
divide the sample into four parts and mark and seal or fasten up each part in
such a manner as its nature permits and take the signature or thumb impression
Of the person from whom the sample has been taken in such place and in such
manner as may be prescribed by the Central Government:
Provided that where such person refuses to sign or put his thumb impression, the Food
Safety Officer shall call upon one or more witnesses and take his signature or thumb
impression, in lieu of the signature or thumb impression of such person;
(c) (i) send one of the parts for analysis to the Food Analyst under
intimation to the Designated Officer;
(ii) send two parts to the Designated Officer for keeping these in safe
custody; and
(iii) send the remaining part for analysis to an accredited laboratory, if
so requested by the food business operator, under intimation to the
Designated Officer:
Provided that if the test reports received under sub clauses (i) and (iii) are found to be
at variance, then the Designated Officer shall send one part of the sample kept in his custody,
to referral laboratory for analysis, whose decision thereon shall be final.
(2) When a sample of any article of food or adulterant is taken, the Food Safety
Officer shall, by the immediate succeeding working day, send the sample to the Food Analyst
for the area concerned for analysis and report.
(3) Where the part of the sample sent to the Food Analyst is lost or damaged, the
Designated Officer shall, on a requisition made to him, by the Food Analyst or the Food
Safety Officer, despatch one of the parts of the sample sent to him, to the Food Analyst for
analysis.
(4) An article of food or adulterant seized, unless destroyed, shall be produced before
the Designated Officer as soon as possible and in any case not later than seven days after the
receipt of the report of the Food Analyst: 43
Provided that if an application is made to the Designated Officer in this behalf by the
person from whom any article of food has been seized, the Designated Officer shall by order
in writing direct the Food Safety Officer to produce such article before him within such time
as may be specified in the order.
(5) In case of imported articles of food, the authorised officer of the Food Authority
shall take its sample and send to the Food Analyst of notified laboratory for analysis who
shall send the report within a period of five days to the authorised officer.
(6) The Designated Officer, the Food Safety Officer, the authorised officer and the
Food Analyst shall follow such procedure as may be specified by regulations.
CHAPTER IX
OFFENCES AND PENALTIES
48. General provisions relating to offences.
(1) A person may render any article of food injurious to health by means of one or
more of the following operations, namely:-
(a) adding any article or substance to the food;
(b) using any article or substance as an ingredient in the preparation of the
food;
(c) abstracting any constituents from the food; or
(d) subjecting the food to any other process or treatment, with the knowledge
that it may be sold or offered for sale or distributed for human consumption.
(2) In determining whether any food is unsafe or injurious to health, regard shall be
had to –
(a) (i) the normal conditions of use of the food by the consumer and its handling
at each stage of production, processing and distribution;
(ii) the information provided to the consumer, including information on the
label, or other information generally available to the consumer concerning the
avoidance of specific adverse health effects from a particular food or category
of foods not only to the probable, immediate or short-term or long-term effects
of that food on the health of a person consuming it, but also on subsequent
generations;
(iii) to the probable cumulative toxic effects;
(iv) to the particular health sensitivities of a specific category of consumers
where the food is intended for that category of consumers; and 44
(v) also to the probable cumulative effect of food of substantially the same
composition on the health of a person consuming it in ordinary quantities;
(b) the fact where the quality or purity of the article, being primary food, has fallen
below the specified standard or its constituents are present in quantities not within the
specified limits of variability, in either case, solely due to natural causes and beyond
the control of human agency, then such article shall not be deemed to be unsafe or
sub-standard or food containing extraneous matter.
Explanation – For the purposes of this section, “injury”, includes any impairment,
whether permanent or temporary, and “Injurious to health” shall be construed accordingly.
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,
50. Penalty for selling food not of the nature or substance or quality demanded.
Any person who sells to the purchaser’s prejudice any food which is not in
compliance with the provisions of this Act or the regulations made thereunder, or of the
nature or substance or quality demanded by the purchaser, shall be liable to a penalty not
exceeding five lakh rupees.
Provided that the persons covered under sub-section (2) of section 31, shall for such
non-compliance be liable to a penalty not exceeding twenty five thousand rupees.
51. Penalty for sub-standard food.
Any person who whether by himself or by any other person on his behalf
manufactures for sale or stores or sells or distributes or imports any article of food for human
consumption which is sub-standard, shall be liable to a penalty which may extend to five lakh
rupees. 45
52. Penalty for misbranded food.
(1) Any person who whether by himself or by any other person on his behalf
manufactures for sale or stores or sells or distributes or imports any article of food for human
consumption which is misbranded, shall be liable to a penalty which may extend to three lakh
rupees.
(2) The Adjudicating Officer may issue a direction to the person found guilty of an
offence under this section, for taking corrective action to rectify the mistake or such article of
food shall be destroyed.
53. Penalty for misleading advertisement.
(1) Any person who publishes, or is a party to the publication of an advertisement,
which–
(a) falsely describes any food; or
(b) is likely to mislead as to the nature or substance or quality of any food or
gives false guarantee, shall be liable to a penalty which may extend to ten lakh
rupees.
(2) In any proceeding the fact that a label or advertisement relating to any article of
food in respect of which the contravention is alleged to have been committed contained an
accurate statement of the composition of the food shall not preclude the court from finding
that the contravention was committed.
54. Penalty for food containing extraneous matter.
Any person whether by himself or by any other person on his behalf manufactures for
sale or stores or sells or distributes or imports any article of food for human consumption
containing extraneous matter, shall be liable to a penalty which may extend to one lakh
rupees.
55. Penalty for failure to comply with the directions of Food Safety Officer.
If a food business operator or importer without reasonable ground, fails to comply
with the requirements of this Act or the rules or regulations or orders issued thereunder, as
directed by the Food Safety Officer, he shall be liable to a penalty which may extend to two
lakh rupees.
56. Penalty for unhygienic or unsanitary processing or manufacturing of food.
Any person who, whether by himself or by any other person on his behalf,
manufactures or processes any article of food for human consumption under unhygienic or
unsanitary conditions, shall be liable to a penalty which may extend to one lakh rupees. 46
57. Penalty for possessing adulterant.
(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.
58. Penalty for contraventions for which no specific penalty is provided.
Whoever contravenes any provisions of this Act or the rules or regulations made
thereunder, for the contravention of which no penalty has been separately provided in this
Chapter, shall be liable to a penalty which may extend to two lakh rupees.
59. Punishment for unsafe food.
Any person who, whether by himself or by any other person on his behalf,
manufactures for sale or stores or sells or distributes or imports any article of food for human
consumption which is unsafe, shall be punishable,–
(i) where such failure or contravention does not result in injury, with
imprisonment for a term which may extend to six months and also with fine
which may extend to one lakh rupees;
(ii) where such failure or contravention results in a non-grievous injury, with
imprisonment for a term which may extend to one year and also with fine
which may extend to three lakh rupees;
(iii) where such failure or contravention results in a grievous injury, with
imprisonment for a term which may extend to six years and also with fine
which may extend to five lakh rupees;
(iv) where such failure or contravention results in death, with imprisonment
for a term which shall not be less than seven years but which may extend to
imprisonment for life and also with fine which shall not be less than ten lakh
Rupees. 47
60. Punishment for interfering with seized items.
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 six months and also with fine which may extend to two lakh
rupees.
61. Punishment for false information.
If a person, in connection with a requirement or direction under this Act, provides any
information or produces any document that the person knows is false or misleading, 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.
62. Punishment for obstructing or impersonating a Food Safety Officer.
If a person without reasonable excuse, resists, obstructs, or attempts to obstruct,
impersonate, threaten, intimidate or assault a Food Safety Officer in exercising his functions
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 one lakh rupees.
63. Punishment for carrying out a business without licence.
If any person or food business operator (except the persons exempted from licensing
under sub-section (2) of section 31 of this Act), himself or by any person on his behalf who is
required to obtain licence, manufacturers, sells, stores or distributes or imports any article of
food without licence, shall be punishable with imprisonment for a term which may extend to
six months and also with a fine which may extend to five lakh rupees.
64. Punishment for subsequent offences.
(l) If any person, after having been previously convicted of an offence punishable
under this Act subsequently commits and is convicted of the same offence, he shall be liable
to—
(i) twice the punishment, which might have been imposed on a first conviction,
subject to the punishment being maximum provided for the same offence;
(ii) a further fine on daily basis which may extend up to one lakh rupees, where the
offence is a continuing one; and
(iii) his licence shall be cancelled. 48
(2) The Court may also cause the offender’s name and place of residence, the offence
and the penalty imposed to be published at the offender’s expense in such newspapers or in
such other manner as the court may direct and the expenses of such publication shall be
deemed to be part of the cost attending the conviction and shall be recoverable in the same
manner as a fine.
65. Compensation in case injury of death of consumer
(l) Without prejudice to the other provisions of this Chapter, if any person whether by
himself or by any other person on his behalf, manufactures or distributes or sells or imports
any article of food causing injury to the consumer or his death, it shall be lawful for the
Adjudicating Officer or as the case may be, the court to direct him to pay compensation to the
victim or the legal representative of the victim, a sum—
(a) not less than five lakh rupees in case of death;
(b) not exceeding three lakh rupees in case of grievous injury;
and
(c) not exceeding one lakh rupees, in all other cases of injury:
Provided that the compensation shall be paid at the earliest and in no case later than
six months from the date of occurrence of the incident:
Provided further that in case of death, an interim relief shall be paid to the next of the
kin within thirty days of the incident.
(2) Where any person is held guilty of an offence leading to grievous injury or death,
the Adjudicating Officer or the court may cause the name and place of residence of the
person held guilty, the offence and the penalty imposed to be published at the offender’s
expense in such newspapers or in such other manner as the Adjudicating Officer or the court
may direct and the expenses of such publication shall be deemed to be part of the cost
attending the conviction and shall be recoverable in the same manner as a fine.
(3) The Adjudicating Officer or the court may also,—
(a) order for cancellation of licence, re-call of food from market, forfeiture of
establishment and property in case of grievous injury or death of consumer;
(b) issue prohibition orders in other cases.
66. Offences by companies.
(l) Where an offence under this Act which has been committed by a company, every
person who at the time the offence was committed was in charge of, and was responsible to,
the company for the conduct of the business of the company, as well as the company, shall be 49
deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that where a company has different establishments or branches or different
units in any establishment or branch, the concerned Head or the person in-charge of such
establishment, branch, unit nominated by the company as responsible for food safety shall be
liable for contravention in respect of such establishment, branch or unit:
Provided further that nothing contained in this sub-section shall render any such
person liable to any punishment provided in this Act, if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of or is attributable to any neglect on the part of,
any director, manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly.
Explanation.—For the purpose of this section,—
(a) “company” means anybody corporate and includes a firm or other association of
individuals; and
(b) “director” in relation to a firm, means a partner in the firm.
67. Penalty for contravention of provisions of this Act in case of import of articles of
food to be in addition to penalties provided under any other Act.
(1) Any person who imports any article of food which is in contravention of the
provisions of this Act, rules and regulations made thereunder, shall, in addition to any penalty
to which he may be liable under the provisions of the Foreign Trade (Development and
Regulation) Act, 1992 (22 of 1992) and the Customs Act, 1962 (52 of 1962) be also liable
under this Act and shall be proceeded against accordingly.
(2) Any such article of food shall be destroyed or returned to the importer, if
permitted by the competent authority under the Foreign Trade (Development and Regulation)
Act, 1992 (22 of 1992) or the Customs Act, 1962 (52 of 1962), or any other Act, as the case
may be. 50
CHAPTER X
ADJUDICATION AND FOOD SAFETY APPELLATE TRIBUNAL
68. Adjudication.
(1) For the purposes of adjudication under this Chapter, an officer not below the rank
of Additional District Magistrate of the district where the alleged offence is committed, shall
be notified by the State Government as the Adjudicating Officer for adjudication in the
manner as may be prescribed by the Central Government.
(2) The Adjudicating Officer shall, after giving the person a reasonable opportunity
for making representation in the matter, and if, on such inquiry, he is satisfied that the person
has committed the contravention of provisions of this Act or the rules or the regulations made
thereunder, impose such penalty as he thinks fit in accordance with the provisions relating to
that offence.
(3) The Adjudicating Officer shall have the powers of a civil court and—
(a) all proceedings before him shall be deemed to be judicial proceedings
within the meaning of sections 193 and 228 of the Indian Penal Code (45 of
1860);
(b) shall be deemed to be a court for the purposes of sections 345 and 346 of
the Code of Criminal Procedure, 1973 (2 of 1974).
(3) while adjudicating the quantum of penalty under this Chapter, the Adjudicating
Officer shall have due regard to the guidelines specified in section 49.
69. Power to compound offences.
(1) The Commissioner of Food Safety may, by order, empower the Designated
Officer, to accept from petty manufacturers who himself manufacture and sell any article of
food, retailers, hawkers, itinerant vendors, temporary stall holders against whom a reasonable
belief exists that he has committed an offence or contravention against this Act, payment of a
sum of money by way of composition of the offence which such person is suspected to have
committed.
(2) On the payment of such sum of money to such officer, the suspected person, if in
custody, shall be discharged and no further proceedings in respect of the offence shall be
taken against such person. 51
(4) The sum of money accepted or agreed to be accepted as composition under sub
section (1), shall not be more than one lakh rupees and due regard shall be made
to the guidelines specified in section 49:
Provided that no offence, for which punishment of imprisonment has been prescribed
under this Act, shall be compounded.
70. Establishment of Food Safety Appellate Tribunal.
(1) The Central Government or as the case may be, the State Government may, by
notification, establish one or more tribunals to be known as the Food Safety Appellate
Tribunal to hear appeals from the decisions of the Adjudicating Officer under section 68.
(2) The Central Government or the State Government, as the case may be, shall
prescribe, the matters and areas in relation to which the Tribunal may exercise jurisdiction.
(3) The Tribunal shall consist of one person only (hereinafter referred to as the
Presiding Officer of the Tribunal) to be appointed, by notification, by the Central
Government or the State Government, as the case may be:
Provided that no person shall be qualified for appointment as a Presiding Officer to
the Tribunal unless he is or has been a District Judge.
(4) The qualifications, appointment, term of office, salary and allowances, resignation
and removal of the Presiding Officer shall be such as may be prescribed by the Central
Government.
(5) The procedure of appeal and powers of the Tribunal shall be such as may be
prescribed by the Central Government.
71. Procedure and powers of the Tribunal.
(1) The Tribunal shall not be bound by the procedure laid down by the Code of Civil
Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and,
subject to the other provisions of this Act and the rules made thereunder, the Tribunal shall
have powers to regulate its own procedure including the place at which it shall have its
sittings.
(2) The Tribunal shall have, for the purposes of discharging its functions under this
Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5
of 1908), while trying a suit, in respect of the following matters, namely:- 52
(a) summoning and enforcing the attendance of any person and examining him
on oath;
(b) requiring the discovery and production of documents or other electronic
records;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) reviewing its decisions;
(f) dismissing an application for default or deciding it ex parte;
(g) any other matter which may be prescribed by the Central Government.
(3) Every proceeding before the Tribunal shall be deemed to be a judicial proceeding
within the meaning of sections 193 and 228, and for the purposes of section 196 of
the Indian Penal Code (45 of 1860), it shall be deemed to be a civil court for all
the purposes of section 195 and Chapter XXVI of the Code of Criminal
Procedure, 1973 (2 of 1974).
(4) The appellant may either appear in person or authorise one or more legal
practitioners or any of its officers to represent his case before the Tribunal.
(5) The provisions of the Limitation Act, 1963 (36 of 1963),shall, except as otherwise
provided in this Act, apply to an appeal made to the Tribunal.
(6) Any person aggrieved by any decision or order of the Tribunal may file an appeal
to the High Court within sixty days from the date of communication of the decision or
order of the Tribunal to him on any question of fact or law arising out of such order:
Provided that the High Court may, if it is satisfied that the appellant was prevented by
sufficient cause from filing the appeal within the said period, allow it to be filed within a
further period not exceeding sixty days.
72. Civil court not to have jurisdiction.
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of
any matter which an Adjudicating Officer or the Tribunal is empowered by or under this Act
to determine and no injunction shall be granted by any court or other authority in respect of
any action taken or to be taken in pursuance of any power conferred by or under this Act. 53
73. Power of court to try cases summarily.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of
1974), all offences not triable by a Special Court, shall be tried in a summary way by a
Judicial Magistrate of the first class or by a Metropolitan Magistrate and the provisions of
sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such a
trial:
Provided that in the case of any conviction in a summary trial under this section, it
shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding
one year:
Provided further that when at the commencement of, or in the course of, a summary
trial under this section, it appears to the Magistrate that the nature of the case is such that a
sentence of imprisonment for a term exceeding one year may have to be passed or that it is,
for any other reason, undesirable to try the case summarily, the Magistrate shall after hearing
the parties, record an order to that effect and thereafter recall any witness who may have been
examined and proceed to hear or rehear the case in the manner provided by the said Code.
74. Special courts and Public Prosecutor.
1) Notwithstanding anything contained in this Act or in the Code of Criminal
Procedure, 1973 (2 of 1974), the Central Government or the State Government in their
respective jurisdictions may, if consider expedient and necessary in the public interest, for the
purposes of the trial of offences relating to grievous injury or death of the consumer for
which punishment of imprisonment for more than three years has been prescribed under this
Act, constitute, by notification in the Official Gazette, as many Special Courts with the
concurrence of the Chief Justice of the High Court as may be necessary for such area or areas
and for exercising such jurisdiction, as may be specified in the notification.
(2) A Special Court may, on its own motion, or on an application made by the Public
Prosecutor and if it considers it expedient or desirable so to do, sit for any of its proceedings
at any place other than its ordinary place of sitting.
(3) The trial under this Act of any offence by a Special Court shall have precedence
over the trial of any other case against the accused in any other court (not being a Special
Court) and shall be concluded in preference to the trial of such other case and accordingly the
trial of such other case shall remain in abeyance.
(4) For every Special Court, the Central Government or the State Government, as the
case may be, shall appoint a person to be the Public Prosecutor and may appoint more than
one person to be the Additional Public Prosecutors: 54
Provided that the Central Government or the State Government, as the case may be,
may also appoint for any case or class or group of cases, a Special Public Prosecutor.
(5) A person shall not be qualified to be appointed as a Public Prosecutor or an
Additional Public Prosecutor or a Special Public Prosecutor under this section unless he has
been in practice as an Advocate for not less than seven years or has held any post, for a
period of not less than seven years, under the Union or a State, requiring special knowledge
of law.
75. Power to transfer cases to regular courts.
Where, after taking cognizance of any offence, a Special Court is of the opinion that
the offence is not triable by it, it shall, notwithstanding that it has no jurisdiction to try such
offence, transfer the case for the trial of such offence to any court having jurisdiction under
the Code of Criminal Procedure, 1973 (2 of 1974) and the court to which the case is
transferred may proceed with the trial of the offence as if it had taken cognizance of the
offence.
76. Appeal.
(1) Any person aggrieved by a decision or order of a Special Court may, on payment
of such fee as may be prescribed by the Central Government and after depositing the amount,
if any, imposed by way of penalty, compensation or damage under this Act, within forty-five
days from the date on which the order was served, prefer an appeal to the High Court:
Provided that the High Court may entertain any appeal after the expiry of the said
period of forty-five days, if it is satisfied that the appellant was prevented by sufficient cause
for filing the appeal within the said period.
(2) An appeal preferred under this section shall be disposed of by the High Court by a
bench of not less than two judges.
77. Time limit for prosecutions.
Notwithstanding anything contained in this Act, no court shall take cognizance of an
offence under this Act after the expiry of the period of one year from the date of commission
of an offence:
Provided that the Commissioner of Food Safety may, for reasons to be recorded in
writing, approve prosecution within an extended period of up to three years. 55
78. Power of court to implead manufacturer etc.
Where at any time during the trial of any offence under this Act alleged to have been
committed by any person, not being the importer, manufacturer, distributor or dealer of any
article of food, the court, is satisfied, on the evidence adduced before it, that such importer,
manufacturer, distributor or dealer is also concerned with that offence, then the court may,
notwithstanding anything contained in sub-section (3) of section 319 of the Code of Criminal
Procedure, 1973 (2 of 1974), or in section 71 of this Act, proceed against him as though a
prosecution has been instituted under this Act.
79. Magistrate’s power to impose enhanced punishment.
Notwithstanding anything contained in section 29 of the Code of Criminal Procedure,
1973 (2 of 1974), it shall be lawful for the court of ordinary jurisdiction to pass any sentence
authorised by this Act, except a sentence of imprisonment for a term exceeding six years in
excess of his powers under the said section.
80. Defences which may or may not be allowed in prosecution under this Act.
(A) Defence relating to publication of advertisements
(1) In any proceeding for an offence under this Act in relation to the publication of an
advertisement, it is a defence for a person to prove that the person carried on the
business of publishing or arranging for the publication of advertisements and that the
person published or arranged for the publication of the advertisement in question in
the ordinary course of that business.
(2) Clause (1) does not apply if the person—
(a) should reasonably have known that the publication of the advertisement
was an offence; or
(b) had previously been informed in writing by the relevant authority that
publication of such an advertisement would constitute an offence; or
(c) is the food business operator or is otherwise engaged in the conduct of a
food business for which the advertisements concerned were published.
(B) Defence of due diligence—
(1) In any proceedings for an offence, it is a defence if it is proved that the
person took all reasonable precautions and exercised all due diligence to 56
prevent the commission of the offence by such person or by another person
under the person’s control.
(2) Without limiting the ways in which a person may satisfy the requirements
of clause (1), a person satisfies those requirements if it is proved—
(a) that the commission of the offence was due to—
(i) an act or default of another person; or
(ii) reliance on information supplied by another person; and
(b) (i) the person carried out all such checks of the food concerned as
were reasonable in all the circumstances; or
(ii) it was reasonable in all the circumstances to rely on checks
carried out by the person who supplied such food to the person; and
(c) that the person did not import the food into the jurisdiction from
another country; and
(d) in the case of an offence involving the sale of food, that—
(i) the person sold the food in the same condition as and
when the person purchased it; or
(ii) the person sold the food in a different condition to that in
which the person purchased it, but that the difference did not
result in any contravention of this Act or the rules and
regulations made thereunder; and
(e) that the person did not know and had no reason to suspect at the
time of commission of the alleged offence that the person’s act or
omission would constitute an offence under the relevant section.
(3) In sub-clause (a) of clause (2), another person does not include a person who
was—
(a) an employee or agent of the defendant; or
(b) in the case of a defendant which is a company, a director, employee or
agent of that company.
(5) Without limiting the ways in which a person may satisfy the requirements of
clause (1) and item (i) of sub-clause (b) of clause (2), a person may satisfy those
requirements by proving that—
(a) in the case of an offence relating to a food business for which a food safety
programme is required to be prepared in accordance with the regulations, the 57
person complied with a food safety programme for the food business s that
complies with the requirements of the regulations, or
(b) In any other case, the person complied with a scheme (for example, a
quality assurance programme or an industry code of practice) that was—
(i) Designed to manage food safety hazards and based on national or
international standards, codes or guidelines designed for that purpose,
and
(ii) Documented in some manner.
(C) Defence of mistaken and reasonable belief not available—
In any proceedings for an offence under the provisions of this Act, it is no defence
that the defendant had a mistaken but reasonable belief as to the facts that constituted the
offence.
(D) Defence in respect of handling food—
In proceedings for an offence under section 56, it is a defence if it is proved that the
person caused the food to which the offence relates to be destroyed or otherwise disposed of
immediately after the food was handled in the manner that was likely to render it unsafe.
(E) Defences of significance of the nature, substance or quality of food—
It shall be no defence in a prosecution for an offence pertaining to the sale of any
unsafe or misbranded article of food to allege merely that the food business operator was
ignorant of the nature, substance or quality of the food sold by him or that the purchaser
having purchased any article for analysis was not prejudiced by the sale.
CHAPTER XI
FINANCE, ACCOUNTS, AUDIT AND REPORTS
81. Budget of Food Authority.
(1) The Food Authority shall prepare, in such form and at such time in each financial
year as may be prescribed by the Central Government, its budget for the next financial year,
showing the estimated receipts and expenditure of the Food Authority and forward the same
to the Central Government.
(2) The Food Authority with the prior approval of the Central Government, shall
adopt financial regulation which specifies in particular, the procedure for drawing up and
implementing the Authority’s budget. 58
82. Finances of the Food Authority.
(1) The Central Government may, after due appropriation, make to the Food
Authority grants of such sums of money as the Central Government may think fit.
(2) The Food Authority on the recommendation of the Central Advisory Committee
shall specify a graded fee from licensed food business operators, accredited laboratories or
food safety auditors to be charged by the commissioner of Food Safety.
83. Accounts and audit of Food Authority.
(1) The Food Authority shall maintain proper accounts and relevant records and
prepare an annual statement of accounts in such form as may be prescribed by the Central
Government in consultation with the Comptroller and Auditor General of India.
(2) The Comptroller and Auditor-General and any person appointed by him in
connection with the audit of the accounts of the Food Authority under this Act shall have the
same rights and privileges and authority in connection with such audit as the Comptroller and
Auditor-General generally has in connection with the audit of Government accounts and, in
particular, shall have the right to demand the production of books, accounts, connected
vouchers and other documents and papers and to inspect any of the offices of the Food
Authority.
(3) The accounts of the Food Authority, as certified by the Comptroller and AuditorGeneral or any other person appointed by him in this behalf, together with the audit report
thereon shall be forwarded annually to the Central Government by the Food Authority and
the Central Government shall cause the audit report to be laid, as soon as may be after it is
received, before each House of Parliament.
84. Annual report of Food Authority.
(1) The Food Authority shall prepare once every year, in such form and at such time
as may be prescribed by the Central Government, an annual report giving a summary of its
activities during the previous year and copies of the report shall be forwarded to the Central
Government and State Governments.
(2) A copy of the report received under sub-section (1) shall be laid, as soon as may
be after it is received, before each House of Parliament. 59
CHAPTER XII
MISCELLANEOUS
85. Power of Central Government to issue directions to Food Authority and obtain
reports and returns.
(1) Without prejudice to the foregoing provisions of this Act, the Food Authority
shall, in exercise of its powers and in performance of its functions under this Act, be bound
by such directions on questions of policy, other than those relating to technical and
administrative matters, as the Central Government may give in writing to it from time to
time:
Provided that the Food Authority shall, as far as practicable, be given an opportunity
to express its views before any direction is given under this sub-section.
(2) If any dispute arises between the Central Government and the Food Authority as
to whether a question is or is not a question of policy, the decision of the Central Government
thereon shall be final.
(3) The Food Authority shall furnish to the Central Government such returns or other
information with respect to its activities as the Central Government may, from time to time,
require.
86. Power of Central Government to give directions to State Governments.
The Central Government may give such directions, as it may deem necessary, to a
State Government for carrying out all or any of the provisions of this Act and the State
Government shall comply with such directions.
87. Members, officers of Food Authority and Commissioner of Food Safety to be public
servants.
The Members, officers of the Food Authority and the Commissioners of Food Safety
and their officers shall be deemed, when acting or purporting to act in pursuance of any of the
provisions of this Act, to be public servants within the meaning section 21 of the Indian
Penal Code (45 of 1860).
88. Protection of action taken in good faith.
No suit, prosecution or other legal proceedings shall lie against the Central
Government, the State Government, the Food Authority and other bodies constituted under
this Act or any officer of the Central Government, the State Government or any member,
officer or other employee of such Authority and bodies or any other officer acting under this 60
Act for anything which is in good faith done or intended to be done under this Act or the
rules or regulations made thereunder.
89. Overriding effect of this Act over all other food related laws.
The provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force or in any instrument having
effect by virtue of any law other than this Act.
90. Transfer of existing employees of Central Government Agencies governing various
foods related Acts or Orders to the Food Authority.
On and from the date of establishment of the Food Authority, every employee holding
office under the Central Government Agencies administering food laws immediately before
that date shall hold his office in the Food Authority by the same tenure and upon the same
terms and conditions of service including remuneration, leave, provident fund, retirement and
other terminal benefits as he would have held such office if the Food Authority had not been
established and shall continue to do so as an employee of the Food Authority or until the
expiry of the period of six months from that date if such employee opts not to be the
employee of the Food Authority.
91. Power of Central Government to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules
for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:-
(a) salary, terms and conditions of service of Chairperson and Members other
than ex officio Members under subsection (2) and the manner of subscribing
to an oath of office and secrecy under sub-section (3) of section 7;
(b) qualifications of Food Safety Officer under sub-section (1) of section 37;
(c) the manner of taking the extract of documents seized under sub-clause (8)
of section 38;
(d) determination of cases for referring to appropriate courts and time-frame
for such determination under sub-section (4) of section 42;
(e) qualifications of Food Analysts under section 45; 61
(f) the manner of sending sample for analysis and details of the procedure to
be followed in this regard under subsection (1) of section 47;
(g) the procedure to be followed in adjudication of cases under sub-section (1)
of section 68;
(h) qualifications, terms of office, resignation and removal of Presiding
Officer under sub-section (4), the procedure of appeal and powers of Tribunal
under sub-section (5) of section 70;
(i) any other matter relating to procedure and powers of Tribunal under clause
(g) of sub-section (2) of section 71;
(j) the fee to be paid for preferring an appeal to the High Court under subsection (1) of section 76;
(k) form and time of preparing budget under sub-section (1) of section 81;
(l) form and statement of accounts under sub-section (1) of section 83;
(m) the form and time for preparing annual report by Food Authority under
sub-section (1) of section 84; and
(n) any other matter which is required to be, or may be, prescribed or in
respect of which provision is to be made by rules by the Central Government.
92. Power of Food Authority to make regulations.
(1) The Food Authority may, with the previous approval of the Central Government
and after previous publication, by notification, make regulations consistent with this Act and
the rules made thereunder to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
regulations may provide for all or any of the following matters, namely:-
(a) salaries and other conditions of service of officers and other employees of
the Food Authority under sub-section (3) of section 9;
(b) rules of procedure for transaction of business under subsection (5) of
section 11;
(c) other functions of the Central Advisory Committee under sub-section (2)
of section 12; 62
(d) procedure of Scientific Committee and Panels under subsection (4) of
section 15;
(e) notifying standards and guidelines in relation to articles of food meant for
human consumption under sub-section (2) of section 16;
(f) procedure to be followed by Food Authority for transaction of business at
its meetings under sub-section (1) of section 17;
(g) making or amending regulations in view of urgency concerning food safety
or public health under clause (d) of sub-section (2) of section 18;
(h) limits of additives under section 19;
(i) limits of quantities of contaminants, toxic substance and heavy metals, etc.,
under section 20;
(j) tolerance limit of pesticides, veterinary drugs residues, etc, under section
21;
(k) the manner of marking and labelling of foods under section 23;
(l) form in which guarantee shall be given under sub-section (4) of section 26;
(m) conditions and guidelines relating to food recall procedures under subsection (4) of section 28;
(n) regulations relating to functioning of Food Safety Officer under subsection (5) of section 29;
(o) notifying the registering authority and the manner of registration; the
manner of making application for obtaining licence, the fees payable therefore
and the circumstances under which such licence may be cancelled or forfeited
under section 31;
(p) the respective areas of which the Designated Officer shall be in-charge for
food safety administration under subsection (1) of section 36;
(q) procedure in getting food analysed, details of fees etc., under sub-section
(1) of section 40; 63
(r) functions, procedure to be followed by food laboratories under sub-section
(3) of section 43;
(s) procedure to be followed by officials under sub-section (6) of section 47;
(t) financial regulations to be adopted by the Food Authority in drawing up its
budget under sub-section (2) of section 81;
(u) issue guidelines or directions for participation in Codex Meetings and
preparation of response to Codex matters; and
(v) any other matter which is required to be, or may be, specified by
regulations or in respect of which provision is to be made by regulations.]
93. Laying of rules and regulations before Parliament.
Every rule and every regulation made under this Act shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or more successive sessions, and
if, before the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the rule or regulation or
both Houses agree that the rule or regulation should not be made, the rule or regulation shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule or regulation.
94. Power of State Government to make rules.
(1) Subject to the powers of the Central Government and the Food Authority to make
rules and regulations respectively, the State Government may, after previous publication and
with the previous approval of the Food Authority, by notification in the Official Gazette,
make rules to carry out the functions and duties assigned to the State Government and the
State Commissioner of Food Safety under this Act and the rules and regulations made
thereunder.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) other functions of the Commissioner of Food Safety under clause (f) of
sub-section (2) of section 30; 64
(b) earmarking a fund and the manner in which reward shall be paid to a
person rendering assistance in detection of offence or apprehension of
offender under section 95; and
(c) any other matter which is required to be, or may be prescribed or in respect
of which provision is to be made by rules by the State Government.
(3) Every rule made by the State Government under this Act shall be laid, as soon as
may be after it is made, before each House of the State Legislature where it consists of two
Houses or where such State Legislature consists of one House, before that House.
95. Reward by State Government.
The State Government may empower the Commissioner of Food Safety to order
payment of reward to be paid to a person who renders assistance in the detection of the
offence or the apprehension of the offender, from such fund and in such manner
as may be prescribed by the State Government.
96. Recovery of penalty.
A penalty imposed under this Act, if it is not paid, shall be recovered as an arrear of
land revenue and the defaulters licence shall be suspended till the penalty is paid.
97. Repeal and savings.
(1) With effect from such date as the Central Government may appoint in this behalf,
the enactment and Orders specified in the Second Schedule shall stand repealed:
Provided that such repeal shall not affect:—
(i) the previous operations of the enactment and Orders under repeal or anything
duly done or suffered there under; or
(ii) any right, privilege, obligation or liability acquired, accrued or incurred under
any of the enactment or Orders under repeal; or
(ii) any penalty, forfeiture or punishment incurred in respect of any offences
committed against the enactment and Orders under repeal; or
(iv) any investigation or remedy in respect of any such penalty, forfeiture or
punishment, and any such investigation, legal proceedings or remedy may be instituted,
continued or enforced and any such penalty, forfeiture or punishment may be imposed,
as if this Act had not been passed: 65
(2) If there is any other law for the time being in force in any State, corresponding to
this Act, the same shall upon the commencement of this Act, stand repealed and in such case,
the provisions of section 6 of the General Clauses Act, 1897(10 of 1897) shall apply as if
such provisions of the State law had been repealed.
(3) Notwithstanding the repeal of the aforesaid enactment and Orders, the licences
issued under any such enactment or Order, which are in force on the date of commencement
of this Act, shall continue to be in force till the date of their expiry for all purposes, as if they
had been issued under the provisions of this Act or the rules or regulations made thereunder.
(4) Notwithstanding anything contained in any other law forthe time being in force,
no court shall take cognizance of an offence under the repealed Act or Orders after the expiry
of a period of three years from the date of the commencement of this Act.
98. Transitory provisions for food standards.
Notwithstanding the repeal of the enactment and Orders specified in the Second
Schedule, the standards, safety requirements and other provisions of the Act and the rules and
regulations made thereunder and Orders listed in that Schedule shall continue to be in force
and operate till new standards are specified under this Act or rules and regulations made
thereunder:
Provided that anything done or any action taken under the enactment and Orders
under repeal shall be deemed to have been done or taken under the corresponding provisions
of this Act and shall continue in force accordingly unless and until superseded by anything
done or by any action taken under this Act:
99. Milk and Milk Products Order, 1992 shall be deemed to be regulations made under
this Act.
(1) On and from the date of commencement of this Act, the Milk and Milk Products
Order, 1992 issued under the Essential commodities Act, 1955 (10 of 1955) shall be deemed
to be the Milk and Milk Products Regulations, 1992 issued by the Food Authority under this
Act.
(2) The Food Authority may, with the previous approval of the Central Government
and after previous publication, by notification, amend the regulations specified in sub-section
(1) to carry out the purposes of this Act. 66
100. Amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods
(Regulation of Production, Supply and Distribution) Act, 1992.
As from the notified day, the provisions of the Infant Milk Substitutes, Feeding
Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 (41
of 1992) (herein referred to as the principal Act) shall apply subject to the following
amendments, namely:-
(a) throughout the principal Act, any reference to “the Prevention of the Food
Adulteration Act, 1954 (37 of 1954)” shall be substituted by reference to “the Food Safety
and Standards Act, 2006”;
(b) in section 12 of the principal Act, the reference to “any Food Inspector appointed
under section 9 of the Prevention of the Food Adulteration Act, 1954 (37 of 1954)” shall be
substituted by reference to “any Food Safety Officer appointed under the Food Safety and
Standards Act, 2006”;
(c) throughout the principal Act, any reference to “Food Inspector” shall be
substituted by the expression “the Food Safety Officer”; and
(d) in section 21 of the principal Act, in sub-section (1), the reference to clause (a)
shall be substituted by the following, namely:- “(a) the Designated Officer or the Food
Safety Officer directed under sub-section (5) of section 42 of the Food Safety and Standards
Act, 2006; or”.
101. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act, as may appear to be necessary, for removing the
difficulty:
Provided that no order shall be made under this section after of the expiry of the
period of three years from the date of commencement of this Act,
(2) Every order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament. 67
THE FIRST SCHEDULE
[See section 5(1) (e) ]
Zone 1
1. Andhra Pradesh
2. Goa
3. Karnataka
4. Kerala
5. Maharashtra
6. Orissa
7. Tamil Nadu
Zone II
1. Haryana
2. Himachal Pradesh
3. Jammu and Kashmir
4. Punjab
5. Uttaranchal
6. Uttar Pradesh
Zone III
1. Bihar
2. Chhattisgarh
3. Gujarat
4. Jharkhand
5. Madhya Pradesh
6. Rajasthan
7. West Bengal 68
Zone IV
1. Arunachal Pradesh
2. Assam
3. Manipur
4. Meghalaya
5. Mizoram
6. Nagaland
7. Sikkim
8. Tripura
Zone V
1. Andaman and Nicobar Islands
2. Chandigarh
3. Dadra and Nagar Haveli
4. Daman and Diu
5. Delhi
6. Lakshadweep
7. Pondicherry. 69
THE SECOND SCHEDULE
(See section 97)
1. The Prevention of Food Adulteration Act, 1954 (37 of 1954).
2. The Fruit Products Order, 1955.
3. The Meat Food Products Order, 1973.
4. The Vegetable Oil Products (Control) Order, 1947.
5. The Edible Oils Packaging (Regulation) Order, 1998.
6. The Solvent Extracted Oil, De oiled Meal, and Edible Flour
(Control) Order, 1967.
7. The Milk and Milk Products Order, 1992.
8. Any other order issued under the Essential Commodities
Act, 1955 (10 of 1955) relating to food.
K.N.CHATURVEDI
Secy. To the Govt. Of India
