Draft Outlines of the proposed Bill
THE
FOOD SAFETY AND STANDARDS BILL, 2005
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CHAPTER - I
PRELIMINARY
1.
Short title, extent and commencement
2.
Declaration as to expediency of control by the union
3.
Definitions |
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CHAPTER – II Food Safety and Standards Authority of India
- Establishment
of Authority
- Composition
of Authority
- Constitution
of Selection Committee to recommend members of Authority
- Terms
of office, salary, allowances and other conditions of Chairperson/Members
- Removal
of Members
- Officers
of Food Authority & staff
- Chief
Executive Officer
- Central
Advisory Committee
- Functions
of Central Advisory Committee
- Scientific
Committee and Scientific Panels
- Functions
of Authority
- Proceedings
of Food Authority
- Vacancies
etc. not to invalidate proceedings of Food Authority
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CHAPTER - III
17. General Principles
of Food Safety
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CHAPTER – IV GENERAL PROVISIONS AS TO ARTICLES OF FOOD
18. Use of additives, colouring and flavouring
agents
19. Crop contaminant, naturally occurring
toxic substances,
20. Insecticides, pesticides, veterinary
drugs residues
21. Labelling of foods
22. Manufacture of genetically modified
foods, organic foods etc.
23. Restrictions on Advertisements
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CHAPTER
– V
SPECIAL
RESPONSIBILITIES AS TO FOOD SAFETY
24. Prohibition of manufacture, sale etc. of certain
articles of food
25.
Prohibitions on placing unsafe food in the market
26.
Food safety & labeling requirements
27.
Traceability
28.
Special responsibilities of food business operators
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CHAPTER - VI
Analysis of Articles of Foods &
Enforcement of the Act
29. Enforcement of the Act
30. Commissioner of Food Safety of the
State
31. Licesing and registration of food
business
32. Accreditation of laboratories, research
institutions, food safety auditors etc.
33.Improvement notices
34. Prohibitions orders
35. Emergency prohibitions notices and
orders
36. Designated officers
37. Food Inspector
38. Powers of the Food Inspectors
39. Food Analysts
40. Functions of Food Analysts
41. Sampling & analysis
42. Purchasers may have food analyzed
43. Obstruction etc. of officers
44. Powers of search, seizure, investigation,
prosecution
45. Procedure for launching prosecution
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CHAPTER -VII
General Provisions relating to
import, export
46. Import/export of articles of food
47. Prohibition of import of certain articles
of food
48. Import of articles of food
49. Application of law relating to Customs
50. Export of articles of food
51. Special provisions relating to registration
of food business from citizens of convention countries .
52. Provisions as-to reciprocity
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CHAPTER - VIII
Offences and Penalties
53. General Provisions relating to offences
and penalties
54. Rendering food injurious to health
55. Selling food not complying with food
safety requirements
56. Penalty for misleading of consumers
57 Selling food not of the nature or substance
or quality demanded
58. Falsely describing or presenting food
59. Failure to comply with requirements
of Food Inspector
60. Import and export of articles of foods
61. Punishment for contravention in certain
cases
62. Compensation in case of injury or
death of consumers
63. Interfering with seized items
64. False information
65. Obstructing or impersonating authorized
/ food Inspectors
66. Penalty for offences where no specific
penalty is provided
67 Penalties for carrying out a business
without license
68. Penalty for subsequent offences
69. Offences of bodies corporate
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CHAPTER IX ADJUDCATION AND FOOD APPELLATE TRIBUNAL
70. Adjudication
71. Establishment of food appellate tribunal
72. Composition, procedure etc of the
tribunal
73. Orders constituting the Appellate
Tribunal
74. Procedures and powers of the Appellate
Tribunal
75. Right to legal representation
76. Limitations
77. Civil court not to have jurisdiction
78. Appeal to High Court
79. Recovery of penalty]
80. Power of Court to Try cases summarily
81. Special courts
82. Appointments of Public Prosecutors
83. Trial by special court to have precedence
84. Power to transfer cases to regular
courts
85. Appeal
86. Cognizance and trial of offences
87. Time Limit for prosecutions
88. Power of court to implead manufacturers
89. Magistrates power to impose enhances
penalties
90. Defences which may or may not be allowed
in prosecution
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CHAPTER X FINANCE, ACCOUNTS, AUDIT AND REPORTS
91. Budget of Food Authority
92. Grants by Central Govt.
93. Accounts and Audit of Food Authority
94. Fee received by Food Authority
95…deleted
96. Annual Report of Food Authority
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CHAPTER - XI
Miscellaneous
97. Power of Central Government to issue
directions and obtain reports and returns
98. Power of Central Government to give
directions to State Government
99. Power of Central Govt. to supercede
authority
100. Protection of action taken in good
faith
101. Public Servant
102. Overriding effect of this Act over
other food related laws
103. Transfer of existing employees of
Central agencies governing various food related Acts/Orders
104. Power of Central Govt. to make rules
105. Power of Food Authority to make regulations
106. Laying of Rules and regulations before
Parliament
107. Power of State Governments to make
rules
108. Repeal and savings.
109. Power to remove difficulties
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Schedule 1 to the Act. |
Draft Outlines of the proposed Bill
THE FOOD SAFETY AND STANDARDS BILL, 2005
A
BILL
to
bring about a single statute relating to food and to lay down science based
standards for articles of food and regulate their manufacture, import, export,
storage, distribution and sale, to ensure availability of safe and wholesome
food for human consumption (including other matters relating thereto) and to
establish in that behalf Food Safety and Standards Authority of India and for
matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-fifth Year of the Republic of India
as follows :-
CHAPTER I
PRELIMINARY
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1.
Short title, extent and commencement
(1).
This Act may be called the Food Safety and Standards Act, 2005.
(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. |
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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 all articles of food. |
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3.
Definitions
In
this Act, unless the context otherwise requires, - |
(a). |
“adulterant”
means any material which is or could be employed for the purposes of adulteration;
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(b).
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“adulterated”
– an article of food shall be deemed to be adulterated if the article
is injurious to health,-
(i) by itself, or its container
being composed, wholly or in part, of poisonous or deleterious substance;
or
(ii) due to any filthy, putrid, rotten,
decomposed or diseased animal substance or vegetable substance used in
its processing or manufacture; or
(iii) due to its unhygienic processing or the
presence in that article of any harmful substance; |
(c) |
‘
advertisement” means any visible representation or announcement made
by means of any light, sound, smoke, gas, print, electronic media, internet
or website". |
(d) |
“Authorized
Officer” means an officer authorized by the Food Authority to enforce
and execute rules and regulations , orders and any other provisions of
this Act relating to import and export of articles of food; |
(e)
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"Chairperson"
means the Chairperson of the Food Authority;
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(f) |
“
Commissioner of Food Safety” means the Commissioner of Food Safety in
the State or the union territory;
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(g) |
“contaminant”
means any substance, not intentionally added to food, 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, but does not
include insect fragments, rodent hair and other extraneous matter.
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(gg) |
“
Designated Officer” means the officer appointed by the Food Authority
or the State Commissioner of Food Safety, by notification in the Official
Gazette , to be in-charge of food safety administration in such area
with such designation as may be specified therein.
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(h)
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“
enforcement authority” means an authority prescribed by the Act, rules
and regulations for the purpose of enforcement of this Act;
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(i) |
“
enforcement officer” in relation to any provision of this Act, rules or
any regulations or orders made there under , means the officer by whom
they are to be enforced and executed and includes Food Inspector of the
State Commissioner of Food Safety and Authorized Officer of the Food
Authority;
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(j) |
“external
matter” – an article of food shall be deemed to contain external matter
if it is found to contain any external matter which may be carried from
the raw materials, packaging materials or process systems used for its
manufacture or which is intentionally added to it, though such matter
may not render such article of food injurious to health; |
(k).
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"food"
(or "foodstuff") means any substance or product, whether processed,
partially processed or unprocessed, intended to be, or reasonably expected
to be ingested by humans and includes drink, chewing gum and any substance,
including water, used into the food during its manufacture, preparation
or treatment.
Explanation:
"Food" shall not include :
(i)
any animal feed; live animals unless they are prepared for placing
on the market for human consumption; plants prior to harvesting; medicinal
products cosmetics; tobacco and tobacco products; narcotic or psychotropic
substances and residues and contaminants.
(ii)
any article of food, being a produce of agriculture or horticulture
or aquaculture in its natural form, resulting from the growing, raising,
cultivation, picking, harvesting, collection or catching.
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(l) |
“food
additive” means any substance the addition of which to food for a technological
(including organoleptic) purpose in the manufacture, processing, preparation
or treatment of such food results (directly or indirectly) in becoming
a component thereof or otherwise affects the characteristics of such food,
but does not include contaminants;
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(m) |
"
Food Authority " means the Food Safety and Standards Authority of
India established under section 4;
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(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 production, processing and distribution of food and includes import,
export and sale of food and food service providers; |
(o)
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"food
business operator" means the natural or legal persons responsible
for ensuring that the requirements of food law are met within the food
business under their control; |
(p) |
“food
hygiene” means all the conditions and measures necessary for the manufacture,
processing, sale, storage and distribution of food designed to ensure
safe and wholesome food for human consumption;
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(q) |
“
Food Inspector ” means an officer authorized by the State Commissioner
of Food Safety to enforce and execute rules and regulations , orders and
any other provisions of this Act relating to manufacture, distribution,
sale of articles of food;
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(r).
|
.
"food law" means the laws, Acts , orders , rules, regulations
, notifications , orders governing food at any stage of its production,
processing and distribution;
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(s). |
“Food
Laboratory” means any laboratory or institute established by the Central
or the State Governments or any other agency and accredited by the Food
Authority ; |
(t) |
“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; |
(u) |
“Food
Safety Management System” means the adoption of good manufacturing practices
(GMP), good hygienic practices (GHP), hazard analysis and critical control
point (HACCP) and such other practices as may be notified by the Food
Authority, by the food business engaged in the manufacture, processing,
sale, storage and distribution of food; |
(v) |
“genetically
modified food” means the food, which is produced through techniques in
which the genetic material has been altered in a way that does not occur
naturally by mating or having adequate human intervention or both;
Explanation.-
Techniques of Genetic Engineering or modification include, but are not
limited to recombinant DNA, cell fusion, micro and macro injection, encapsulation,
gene deletion, addition and doubling.
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(w) |
“hazard”
means a biological, chemical or physical agent in food or condition of
food with the potential to cause an adverse effect on the health of consumer
of such food; |
(x) |
“ingredient”
means any substance, including a food additive used in the manufacture
or preparation of food and present in the final product although in a
modified form; |
(y) |
“irradiation”
means any physical procedure, involving the intentional exposure of food
to ionizing radiations; |
(z) |
“label”
means any tag, brand, mark, pictorial or other descriptive matter or display
of written, printed, stenciled, marked, embossed or impressed matter on,
or attached to a container, cover, lid or crown of any food package; |
(za) |
“
license” means a license granted under this Act; |
(zb) |
“Local
Area or Specified Area ” means any area , whether urban or rural , declared
by the Central Government or as the case may be, the State Government
by notification in the Official Gazette , to be a local area for the purposes
of this Act; |
(zc) |
"manufacture"
includes any process incidental and 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 sale; |
(ze) |
"Member"
means a whole-time or a part-time member of the Food Authority and includes
the Chairperson; |
(zf) |
“misbranded”
– an article of food shall be deemed to be misbranded –
(1)
if it is purported, or is represented to be, or is being -
(i)
offered or promoted for sale with false, misleading or deceptive claims
upon the label of the package or through advertisement by print, electronic
media, internet, website or through any visible representation or announcement
made by means of any light, sound, smoke or gas; 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 containing the article or the label on such package;
(2)
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;
(3)
if the article contained in the package is not labelled in accordance
with the requirements of this Act or the rules made thereunder or is in
contravention thereof;
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(zg) |
"notification"
means a notification published in the Official Gazette; |
(zh) |
“package”
means a box, bottle, casket, tin, barrel, case, receptacle, sack, bag,
wrapper or other thing in which an article of food is placed or packed; |
(zi) |
“pesticide
residue” means any specified substance in or on food resulting from the
use of a pesticide or any derivatives of a pesticide, such as conversion
products, metabolites, reaction products and impurities considered to
be of toxicological significance; |
(zj) |
“premises”
include any shop, stall , place or vehicle or vessel where any article
of food is sold or manufactured or stored for sale ; |
(zk) |
"prescribed"
means prescribed by rules and regulations made there under this Act ; |
(zl) |
"primary
food" means any article of food, being a produce of agriculture or
horticulture or aquaculture in its natural form, resulting from the growing,
raising, cultivation, picking, harvesting, collection or catching |
(zm) |
“processing
aid” means any substance or material, not including apparatus or utensils
or any food ingredient not consumed by itself intentionally used in the
treatment or processing of food or its ingredients or raw materials thereof
to fulfill a certain technological purpose during such treatment or processing; |
(zn) |
“
proprietor” in relation to a food business , means the person by whom
that business is carried on; |
(zo) |
"regulations"
means the regulations made by the Food Authority; |
(zp) |
“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 drug concerned; |
(zq) |
“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; |
(zr) |
“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; |
(zs) |
“risk
assessment” means a scientifically based process consisting of the following
steps: (i) hazard identification, (ii) hazard characterization, (iii)
exposure assessment and (iv) risk characterization. |
(zt) |
“risk
management” means the process, distinct from risk assessment, of weighing
policy alternatives, in consultation with all interested parties considering
risk assessment and other factors relevant for the health protection of
consumers and for the promotion of fair trade practices, and, if needed,
selecting appropriate prevention and control options. |
(zu) |
“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. |
(zv) |
“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; |
(zw) |
“sample”
means a sample of any article of food taken under the provisions of this
Act or any rules and regulations made there-under; |
(zx) |
“standard”,
in relation to any article of food, means the standard notified by the
Food Authority under this Act; |
(zy) |
“sub-standard”
– an article of food shall be deemed to be sub-standard if it deviates
in the percentage of any of its ingredients or parameters provided in
the standards laid under the rules or regulations made under this Act; |
(zz)
|
“
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; |
(zaa) |
“traceability”
means the ability to trace and follow a food, food producing animal or
substance intended to be , or expected to be incorporated into a food
through all stages of production, processing and distribution. |
(zab) |
“Tribunal”
means the Food Appellate Tribunal established under section 71 of this
Act; |
(zac) |
“
unsafe food” means food which is injurious to health or unfit for human
consumption. |
CHAPTER II
FOOD
SAFETY AND STANDARDS AUTHORITY OF INDIA
4.
Establishment of Food Authority
(1)
The Central Government shall, within three months from the date of the
commencement of this Act, by notification in the Official Gazette, establish
a body to be known as the Food Safety and Standards Authority of India
to exercise the powers conferred on, and 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 common 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 New Delhi.
(4)
The Food Authority may establish its offices at other places in India.
5.
Composition of the Food Authority and Qualification for appointment
of its Chairperson and other Members
(1)
The Food Authority shall be composed of eleven members excluding the
Chairperson as follows:
(a)
Chairperson
(b).
six members not below the rank of Joint Secretary to be appointed by
the Central Government, to respectively to represent the Ministries
of the Central Government dealing with
(i)
Agriculture,
(ii).
Commerce,
(iii).
Consumer Affairs,
(iv).
Food Processing,
(v).
Health,
(vi).
Law and Justice,
who
shall be members ex-officio;
(c).
two representative one each from food industry and consumer organizations;
(d).
one Eminent Food Technologist or scientist
(e)
two members to be appointed by rotation in alphabetical order to represent
the States and Union territories.
(2)
The Chairperson and members of the Food Authority shall be appointed
in such a way as to secure the highest standards of competence, a broad
range of relevant expertise and, consistent with these, the broadest
possible geographic distribution within the Union.
(3)
The Chairperson shall be appointed by the Central Government by a notification
in the Official Gazette, 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 other non ex- officio Members of the Food Authority
shall be appointed by the Central Government on the recommendation of
the Selection Committee.
(5)
The Chairperson or any other Member of the Food Authority shall not
hold any other office. |
6.
Selection Committee for selection to recommend Food Authority Members
(1)
The Central Government shall, for the purpose of sub-section (3) of
section 5, constitute a Selection Committee consisting of --
(a)
Cabinet Secretary – Chairperson
(b)
Secretary-in-charge of the Ministry of Food Processing Industries as
the convener Member.
(c)
Secretary-in-charge of the Ministries of the Central Government dealing
with the Departments of 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 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 and three months before the superannuation
or end of tenure of any Chairperson or Member, make a reference to the
Selection
Committee
for filling up of the vacancy.
(3)
The Selection Committee shall finalize the selection of the Chairperson
and Members 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.
(6)
No appointment of the Chairperson or other Member 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
(1)
The Chairperson and other Members shall hold office as such for a term
of three years from the date on which they enter upon their offices,
but shall be eligible for re-appointment for not more than once:
Provided
that no Chairperson or other Member shall hold office as such after
he has attained;
(a)
in the case of the Chairperson, the age of sixty-five years and
(b)
in the case of any other 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 other Members shall be such as may
be prescribed.
(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.
(4)
Notwithstanding anything contained in sub-section (1), the Chairperson
or any Member may -
(a)
relinquish his office by giving in writing to the President notice of
not less than three months; or
(b)
be removed from his office in accordance with the provisions of section
……. .
(5)
The Chairperson or any Member ceasing to hold office as such shall -
(a)
be ineligible for further employment under the Central Government or
the State Government nor accept any commercial employment for a period
of two years from the date he ceases to hold such office.
(b)
not represent any person before the Food Authority or any State Authority
in any manner.
8.
Removal of Members
(1)
Notwithstanding anything contained in sub-section (1), the President
may by order remove from office the Chairperson or any other Member,
if the Chairperson or such other Member, as the case may be, -
(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
(c
) has become physically or mentally incapable of acting as a Member;
or
(d)
has acquired such financial or other interest 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.
9.
Officers of Food Authority and other staff
(1)
There shall be a Chief Executive Officer of the Food authority.
(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 assist 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 determined by regulations by the Food Authority with
the approval of the Central Government.
10.
Chief Executive Officer
(1).
The Chief Executive Officer shall be appointed by the Central Government
who shall be in the rank of Joint Secretary in Government of India.
(2).
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 a 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
Panels;
(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;
(f) the preparation of the statement of revenue and expenditure and
the execution of the budget of the Food Authority;
(g) developing and maintaining contact with the Central Government ,
and for ensuring a regular dialogue with its relevant committees.
(3). 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;
(d) the budget for the coming year.
(4). The Chief Executive Officer shall, following adoption by the
Food Authority , forward the general report and the programmes to the
Central Government and the States and shall have them published.
(5).
The Chief Executive Officer shall approve all financial expenditure
of the Food Authority and report on the Authority's activities to the
Central Government .
(6).
The Chief Executive Officer shall exercise the powers of the Commissioner
of Food Safety while dealing with matters relating to food safety for
import and export of food articles. |
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 one member each to represent
the interests of food industry, agriculture, consumers, relevant
research bodies in the food sector and ten Commissioners of Food Safety
on a rotation basis and the Chairman of the Scientific Committee shall
be ex-officio member.
(3) The Chief Executive Officer shall be the ex-officio Chairperson
of the Central Advisory Committee.
12.
Functions of Central Advisory Committee
(1).
It shall ensure close cooperation between the Food Authority and the
enforcement agencies, organizations operating in the field of food .
(2).
It shall advise the Food Authority on:
(a).
the performance of its duties under this section, in particular in
drawing up a proposal for the Food Authority's work programme.
(b).
on the prioritization of work,
(c).
identifying potential risks, and
(d).
pooling of knowledge.
(3).
It shall meet regularly at the invitation of the Chair or at the request
of at least a third of its members, and not less than three times a
year and its operational procedures shall be specified in the Authority's
internal rules and shall be made public.
(4). The representatives of the concerned Central Government departments
may participate in the deliberations of the Central Advisory Committee.
|
13.
Scientific Committee and Scientific Panels
(1).
The Scientific Committee and Scientific Panels shall be responsible
for providing the scientific opinions of the Food Authority, each within
their own spheres of competence, and shall have the possibility, where
necessary, of organising public hearings.
(2). The Scientific Committee shall be responsible for the general coordination
necessary to ensure the consistency of the scientific opinion procedure,
in particular with regard to the adoption of working procedures and
harmonisation of working methods.
(3)
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.
(4). Wherever necessary, and particularly in the case of subjects which
do not fall within the competence of any of the Scientific Panels, 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.
(5). The Scientific Committee shall be composed of the Chairs of the
Scientific Panels and six independent scientific experts who do not
belong to any of the Scientific Panels.
(6). The Scientific Panels shall be composed of independent scientific
experts.
(7).
When the Food Authority is established, the following Scientific Panels
shall be set up:
(a) the Panel on food additives, flavourings, processing aids and materials
in contact with food;
(b)
the Panel on plant health, plant protection products and their residues;
(c)
the Panel on genetically modified organisms;
(d)
the Panel on dietetic products, nutrition and allergies;
(e)
the Panel on biological hazards;
(f)
the Panel on contaminants in the food chain; and
(g).
the Panel on labeling
(8).
The number and names of the Scientific Panels may be adapted in the
light of technical and scientific development by the Central Government
, at the Food Authority's request.
(9).
The members of the Scientific Committee who are not members of Scientific
Panels and the members of the Scientific Panels shall be appointed by
the Food Authority, for a three-year term of office, which shall be
renewable, following publication in the Official Gazette , in the relevant
leading scientific publications and on the Food Authority's website
of a call for expressions of interest.
(10). The Scientific Committee and the Scientific Panels shall each
choose a Chair from among their members.
(11). The Scientific Committee and the Scientific Panels shall act by
a majority of their members and the minority opinions shall be recorded.
(12). The procedures for the operation and cooperation of the Scientific
Committee and the Scientific Panels shall be laid down by the Food Authority.
(13).
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 reimbursing the expenses of members of the Scientific
Committee and the Scientific Panels;
(d)
the manner in which tasks and requests for scientific opinions are assigned
to the Scientific Committee and the Scientific Panels;
(e)
the creation and organisation of the working groups of the Scientific
Committee and the Scientific Panels, 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 Panels; and
(g)
the possibility of organising public hearings. |
14.
Functions of Food Authority
(1).
It shall be the duty of the Food Authority to regulate the manufacture,
processing, import, export, distribution and sale of safe and wholesome
food.
(2)
Without prejudice to the provisions of sub-section (1) the Authority
may by regulations specify ,-
(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, contaminants, pesticide residues
, residues of veterinary drugs ;
(c).
the mechanisms and guidelines for accreditation of certification bodies
engaged in certification of food business;
(d
the procedure for entry and approval of any article of food imported
into India;
(e)
the procedure and the enforcement of quality control and inspection
in relation to commodities intended for export;
(f)
the procedure and guidelines for accreditation of laboratories and notify
the accredited laboratories; the method of sampling and analysis for
enforcement authorities;.
(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 law
in areas which have a direct or indirect bearing on food safety;
(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 ;
(iv) residues;
(v) identification of emerging risks ; and
(vi) introduction of rapid alert system ;
(c)
promote and coordinate the development of uniform risk assessment methodologies
and monitor and forward messages on the health and nutritional risks
of food to the Central Government and the State Governments ;
(d)
provide scientific and technical advice and assistance to the Central
Government and State Governments in the implementation of crisis management
procedures with regard to food safety and to draw up a general
plan for crisis management and work in close cooperation with the crisis
unit set up by the Central Government in this regard.
(e)
establish a system of network of organizations with the aim to facilitate
a scientific cooperation framework by the coordination 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 mission.
(f)
provide scientific and technical assistance to the Central Government
and the State Governments for improving cooperation with international
organizations ;
(g)
take all such steps to ensure that the public and interested parties
receive rapid, reliable, objective and comprehensive information;
(h)
provide, whether within or outside their area, training courses in food
hygiene for persons who are or intend to become involved in food businesses,
whether as proprietors 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)
promote the coordination of work on food standards undertaken by international
governmental and non-governmental organisations;
(l)
contribute, where relevant and appropriate, to the development of agreements
on recognition of the equivalence of specific food related measures;
and
(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.
(4)
The Food Authority shall make it public without undue delay:
(a) the opinions of the Scientific Committee and the Scientific Panels
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 Panels, 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 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. |
15.
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 determined by regulations.
(2)
The Chairperson or, if he 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 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 (including those
of the ex-officio Member) present and voting, and in the event of an
equality of votes, the Chairperson or the person presiding 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 FoodAuthority
, without voting rights,
(6)
The FoodAuthority may invite the Chair of the Scientific Committee
to attend its meetings without voting rights.
16.
Vacancies, etc. not to invalidate proceedings of Food Authority
No
act or proceedings of the FoodAuthority shall be questioned or shall
be invalidated merely on the ground of existence of any vacancy or defect
in the constitution of the FoodAuthority . |
CHAPTER – III
GENERAL
PRINCIPLES OF FOOD SAFETY
17.
The Food Authority ,the Central Government, the State Governments
and other agencies, as the case may be, while framing regulations and
specifying food safety standards or while enforcing or implementing the
provisions of this Act shall be guided by the following principles , namely
:-
(a)
food safety standards shall aim at achieving the general objectives of
a high level of protection of human life and health and the protection
of consumers' interests, including fair practices in all kind of food
trade.
(b)
the Food Authority shall while specifying standards under this Act, take
into account international standards, where international standards exist
or are in the process of being formulated, unless it is of opinion that
following such international standards or any particular part thereof
would not be 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.
(c)
the Food Authority shall specify 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.
(d)
the Food Authority shall undertake risk assessment based on the available
scientific evidence and in an independent, objective and transparent
manner.
(e)
risk management shall take into account the results of risk assessment,
and in particular, the opinions of the Food Authority, other factors relevant
to the matter under consideration including the precautionary principle
where the conditions are relevant, in order to achieve the general objectives
of regulations .
(f)
where in any specific circumstance, 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 the high level of health protection may be adopted,
pending further scientific information for a more comprehensive risk assessment.
(g)
the measures adopted on the basis of clause (f) shall be proportionate
and no more restrictive of trade than is required to achieve the high
level of health protection, regard being had to technical and economic
feasibility and other factors regarded as legitimate in the matter under
consideration.
(h
). the measures shall be reviewed within a reasonable period of time,
depending on the nature of the risk to life or health identified and the
type of scientific information needed to clarify the scientific uncertainty
and to conduct a more comprehensive risk assessment.
(i).
the regulations shall aim at the protection of the interests of consumers
and shall provide a basis for consumers to make informed choices in relation
to the foods they consume.
(j)
the regulations shall aim at the prevention of:-
(i) fraudulent or deceptive practices;
(ii) the adulteration of food; and
(iii) any other practices which may
mislead the consumer.
(k)
the Food Authority shall ensure that there is open and transparent public
consultation, directly or through representative bodies, during the preparation,
evaluation and revision of regulations, except where it is of opinion
that there is urgency to make or amend the regulations in which case
such consultation may be dispensed with.
(l)
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, public authorities 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. |
CHAPTER- IV
GENERAL
PROVISIONS AS TO ARTICLES OF FOOD
18. Use of additives, coloring and
flavoring agents etc.
No articles of food shall contain permitted
additives such as preservatives, coloring and flavoring agents, antioxidants,
stabilizing / emulsifying agents etc. in excess of quantities prescribed
under this Act and the rules and regulations made there-under.
19 . Crop contaminants , naturally occurring
toxic substances, poisonous metals etc.
No article of food shall contain crop
contaminant, naturally occurring toxic substances, poisonous metals etc.
in excess of quantities prescribed under this Act and the rules and
regulations made there under.
20. Insecticides, pesticides , veterinary
drugs residues
No article of food shall contain insecticides,
pesticides, veterinary drugs residues in excess of the tolerance limit
prescribed under this Act and the rules and regulations made there under.
21. Labelling of Foods
(1) No person shall manufacture, distribute,
sale or expose for sale or dispatch or delivery to any agent or broker
for the purpose of sale, any food products which are not packed, marked
and labelled in the manner prescribed under this Act and rules and regulations
made thereunder.
(2) 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 or in relation to the place of origin
of the said food products.
22. Manufacture, etc. of Genetically
Modified Foods, Organic foods, Functional Foods etc.
No person shall manufacture, process,
export, import or sell genetically modified articles of food, organic
foods, functional foods, neutraceuticals , health supplements etc. except
in accordance with the regulations made-there for under this Act.
23. Restriction on advertisement-
No advertisement shall be made of any
food which is misleading or contravening the provisions of this Act or
the rules and regulations made there-under.
|
CHAPTER
– V
Special
Responsibilities as to Food Safety
24.
prohibition of manufacture, sale etc. of certain articles of food
No
person shall himself or by any person on his behalf manufacture for sale
or store, sell or distribute-
(i)
any adulterated food;
(ii)
any misbranded food;
(iii)
any article of food for the sale of which a licence is prescribed, except
in according with the conditions of the licence.
(iv)
any article of food the sale of which is for the time being prohibited
by the Food Authority in the interest of public health.
(v)
any article of food in contravention of any other provision of this Act
or of any rule or regulation made thereunder; or
(vi)
any adulterant
Explanation
: For the purpose of this section, a person shall be deemed to store any
adulterated food or misbranded food or any article of food referred to
in clause (iii) or clause (iv) or clause (v) if he stores such food for
the manufacture therefrom of any article of food for sale.
25.
Prohibition on Placing Unsafe Food in Market
(1)
It shall be the duty of every food business operator to ensure that the
food shall not be placed on the market if it is unsafe.
(2)
The food shall be deemed to be unsafe if it is,
(i) injurious to health;
(ii) unfit for human consumption.
(3)
In determining whether any food is unsafe, regard shall be had to-
(i)
the normal conditions of use of the food by the consumer and at each stage
of production, processing and distribution, and
(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.
(4)
In determining whether any food is injurious to health, regard shall be
had-
(i)
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;
(ii)
to the probable cumulative toxic effects;
(iii)
to the particular health sensitivities of a specific category of consumers
where the food is intended for that category of consumers.
(5).
In determining whether any food is unfit for human consumption, regard
shall be had to whether the food is unacceptable for human consumption
according to its intended use, for reasons of contamination, whether by
extraneous matter or otherwise, or through putrefaction, deterioration
or decay.
(6)
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 there is no evidence that the rest of the batch,
lot or consignment is unsafe.
(7)
The food that complies with specific provisions governing food safety
shall be deemed to be safe insofar as the aspects covered by the specific
provisions are concerned.
(8)
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 where there
are reasons to suspect that, despite such conformity, the food is unsafe.
(9)
Where there are no specific provisions, food shall be deemed to be safe
when it conforms to the specific provisions of this Act.
26.
Food Safety and Labeling Requirements
(1).
The food business operators at all stages of production, processing and
distribution within the businesses under their control shall ensure that
articles of food satisfy the requirements of this Act which are relevant
to their activities and shall verify that such requirements are met.
(2).
The food business operators shall ensure that the labeling 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.
(3).
The Central and the State food safety authorities shall enforce this
Act, and monitor and verify that the relevant requirements of law are
fulfilled by food business operators at all stages of production, processing
and distribution.
(4).
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 production, processing and distribution.
27.
Traceability
Every
Food Business Operator shall ensure traceability of articles of food as
follows:
(a).
The food business operators shall be able to identify any person from
whom they have been supplied with a food or any substance intended to
be, or expected to be, incorporated into a food and to this end, such
operators shall have in place systems and procedures which allow for this
information to be made available to the competent authorities on demand.
(b).
The food business operators shall have in place systems and procedures
to identify the other businesses to which their products have been supplied
and this information shall be made available to the competent authorities
on demand.
(c).
The food business operator shall ensure that the food which is placed
on the market or is likely to be placed on the market in the country shall
be adequately labelled or identified to facilitate its traceability, through
relevant documentation or information in accordance with the relevant
requirements of more specific provisions.
28.
Special Responsibilities of food business operators in relation to food
safety.
(1).
If a food business operator considers or has reason to believe that a
food which it has imported, processed, manufactured or distributed is
not in compliance with the food safety requirements or injurious to human
health, it shall immediately initiate procedures to withdraw the food
in question from the market and consumers indicating the reasons for its
withdrawal , where the food has left the immediate control of that initial
food business operator and inform the competent authorities thereof.
(2).
A food business operator shall immediately inform the competent authorities
and cooperate with them , if it considers or has reasons to believe that
a food which it has placed on the market may be injurious to human health.
(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).
The food business operator shall not employ in his work any person who
is suffering from infectious, contagious or loathsome disease.
(5).
The food business operator shall sell such article of food to any vendor
unless he also give a warranty in writing in the prescribed form about
the nature and quality of such article to the vendor :
Provided that a bill, cash memorandum, 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 warranty under this section, even if a warranty
in the prescribed form is not included in the bill, cash memorandum or
invoice. |
CHAPTER
VI
ANALYSIS
OF ARTICLES OF FOOD AND ENFORCEMENT OF THE ACT
29.
Enforcement of the Act:
(1) In
this Act “Enforcement Officer” , in relation to any provisions of this
Act , rules or any regulations or orders made thereunder , means the Food
Inspector appointed by the Commissioner of Food Safety of the State or
authorized officer appointed by the Food Authority for the purposes of
enforcement of this Act in their respective jurisdictions.
(2) Every Enforcement Officer 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.
(3) The regulations or orders under this Act shall specify which
of the Enforcement Officer 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 the 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.
(4).
The authorized officer shall exercise the same powers as is conferred
on the Food Inspector 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 or the rules and regulations
made thereunder.
(2).
The functions to be performed by the Commissioner of Food Safety shall
be as follows , namely:-
(a) issue or cancel license to the food business
operators on the recommendations of designated officer;
(b) prohibiting 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;
(c) carrying out survey of the industrial units
engaged in the manufacture of food in the whole of the State or any local
area or part thereof, to find out compliance by such units of the standards
notified by the Food Authority for various articles of food;
(d) conducting 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;
(e) ensuring an efficient and uniform implementation
of the standards and other requirements as prescribed , ensuring a high
standard of objectivity, accountability, practicality, transparency and
credibility;
(f) such other functions as the State Government
may, in consultation with the Food Authority , prescribe.
(3)
The Commissioner of Food Safety shall exercise the powers and perform
the functions and duties as may be prescribed.
31.
Licensing and Registration of food business
(1)
No person shall manufacture, sell, stock, distribute or exhibit for sale
any article of food, including ready –to- serve food, irradiated food
except under a licence issued by the State Commissioner of Food Safety
or its authorized officer.
(2)
One licence may be issued by the licensing authority for one or more
articles of food and also for different establishments or premises in
the same area.
(3)
The name and address of the Chief Executive or Manager or the person
in-charge , as the case may be, nominated by the company shall be mentioned
in the licence.
(4)
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:
Provided that the itinerant vendors who have no specified place of business,
shall be licensed to conduct business in a particular area within the
jurisdiction of the licensing authority under specified terms and conditions.
(5)
Before granting a licence for manufacture, stock, sale or exhibition
of any of the articles of food, the licensing authority shall inspect
the premises, and plant and machinery and satisfy itself that these meet
with the requirements of food safety management systems.
(6).
The applicant for the licence shall have to make such alteration in the
premises , manufacturing process as may be required by the licensing
authority for the grant of licence.
(7)
The licensing authority may, for reasons to be recorded in writing, refuse
to grant a licence to any applicant, if it is satisfied that it is necessary
to do so in the interest of public health and may make available to the
applicant a copy of order.
(8)
The licensing authority may, after giving the licensee an opportunity
to show cause and after giving him three months notice, suspend or cancel
any licence granted to him for any breach of the terms of the licence
or for any contravention of the provisions of this Act or for any failure
to comply with any order, direction or requisition made under this Act
and rules and regulations made there-under:
Provided that the licensing authority may suspend any licence forthwith
in the interest of public health for reasons to be recorded in writing.
(9)
The licensee may appeal to the Commissioner of Food Safety , against
the order passed by the Licensing Authority suspending or canceling the
licence within a period of thirty days of the receipt of the order by
such licensee:
Provided that a revision petition could be filed within a period of thirty
days of the appeal order before the State Government against orders passed
in an appeal petition.
(10)
Every licensee to whom any direction or order is issued in pursuance of
any provision of this Act and rules and regulations made thereunder, shall
be bound to comply with such direction or order and any failure on the
part of the licensee to comply with such direction or order shall be deemed
to be a contravention of the provisions of this Act.
(11)
Every licensee shall maintain a register showing the quantity manufactured,
received or sold and the destination of each consignment of the substances
sent out from his manufacturing place or place of business, and shall
present such register for inspection whenever required to do so by the
licensing authority.
(12)
The nature of articles of food for the manufacture, distribution or sale
of which a licence is required under these rules shall be mentioned in
the application for licence and any objectionable, ambiguous or misleading
trade name shall not be approved by the licensing authority.
(13)
A licence shall, unless sooner suspended or cancelled shall be in force
for such period as may be prescribed:
Provided that if application for a fresh 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.
(14) The
licence shall subsist for the benefit of the deceased's personal representative,
or his widow or any other member of his family, until the end of—
(a) the
period of three months beginning with his death; or
(b)
such longer period as the licensing authority may allow.
32.
Accreditation of laboratories, research institutions, food safety auditors
etc.
(1)
The Food Authority may accredit laboratories and research institutions
as referral laboratories or otherwise for the purposes of carrying out
analysis of samples under this Act.
(2)
The Food Authority may also accredit any organization 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.
(3)
The accredited laboratories and institutions shall be authorized to test
sample, under this Act and to carry out food safety audit and to verify
compliance with food safety management systems under this Act.
33.
Improvement notices
(1) If
an Enforcement Officer has reasonable grounds for believing that proprietor
of a food business operator is failing to comply with any regulations
to which this section applies, he may, by a notice served on that proprietor
(in this Act referred to as an "improvement notice")—
(a) state
the officer's grounds for believing that the proprietor is failing to
comply with the regulations;
(b) specify
the matters which constitute the proprietor 's failure so to comply;
(c) specify
the measures which, in the officer's opinion, the proprietor must take
in order to secure compliance; and
(d) require
the proprietor to take those measures, or measures which are at least
equivalent to them, within such period (not being less than fourteen days)
as may be specified in the notice.
(2) Any
person who fails to comply with an improvement notice shall be guilty
of an offence and be punishable with a fine which may extend to rupees
three lakhs and a further fine on daily basis of upto rupees one lakhs
shall be imposed where the non-compliance is continued.
(3) This section shall apply to any regulations which make provision—
(a) for requiring, prohibiting or regulating the use
of any process or treatment in the preparation of food; or
(b) for securing the observance of hygienic conditions and
practices in connection with the carrying out of commercial operations
with respect to food or food sources.
(4) Any
person who is aggrieved by—
(a) a decision of an Enforcement Officer
to serve an improvement notice; or
(b) a decision
to refuse to issue a certificate as to improvement; or
(c) subject to sub-section (2)
, a decision of such an authority to refuse, cancel, suspend or revoke
a licence required by regulations under this Act,
may appeal to the State Commissioner
of Food Safety .
(5) The period within which
such an appeal may be brought shall be—
(a) one month 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)(a) above, that period or the period specified in the improvement
notice, whichever ends the earlier;
and, in the case of such an appeal, the making of the
complaint shall be deemed for the purposes of this sub-section to be the
bringing of the appeal.
(6). Any person who is aggrieved by the
decision of the State Commissioner of Food Safety may further appeal to
the Food Authority within thirty days of the receipt of the order.
34. Prohibition orders.
(1) If—
(a) the proprietor of a food business
is convicted of an offence under any regulation to which this section
applies; and
(b) the court by or before which
he is so convicted is satisfied that the health risk condition is fulfilled
with respect to that business,
the court shall by an order impose
the appropriate prohibition.
(2) The health risk condition is fulfilled with respect to
any food business if any of the following involves risk of injury to health,
namely:-
(a) the use for the purposes
of the business of any process or treatment;
(b) the construction of any premises
used for the purposes of the business, or the use for those purposes of
any equipment; and
(c) the state or condition of any
premises or equipment used for the purposes of the business.
(3) The appropriate prohibition corresponding
to sub-section (2) above shall be: -
(a) a prohibition on the use of
the process or treatment for the purposes of the business;
(b) a prohibition on the use of
the premises or equipment for the purposes of the business or any other
food business of the same class or description;
(c) a prohibition on the use of
the premises or equipment for the purposes of any food business.
(4) If—
(a) the proprietor of a food business
is convicted of an offence under any regulation to which this section
applies by virtue of clause (b) sub-section (3) above; and
(b) the court by or before which
he is so convicted thinks it proper to do so in all the circumstances
of the case,
the court may, by an order, impose a prohibition
on the proprietor participating in the management of any food business,
or any food business of a class or description specified in the order.
(5) As soon as practicable after the making of an order under
sub-section (1) or (4) above (in this Act referred to as a "prohibition
order"), the concerned Enforcement Officer shall—
(a) serve a copy of the order on
the proprietor of the business; and
(b) in the case of an order under
subsection (1) above, affix a copy of the order at a conspicuous place
on such premises used for the purposes of the business as they consider
appropriate,
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 rupees three lakhs.
(6) A prohibition order shall cease
to have effect—
(a) in the case of an order
under sub-section (1) above, on the issue by the Enforcement Officer of
a certificate to the effect that he is satisfied that the proprietor has
taken sufficient measures to secure that the health risk condition is
no longer fulfilled with respect to the business;
(b) in the case of an order under
sub-section (4) above, on the giving by the court of a direction to that
effect.
(7) The concerned Enforcement Officer
shall issue a certificate under paragraph (a) of sub-section (6) above
within three days of his being satisfied as mentioned in that paragraph;
and on an application by the proprietor for such a certificate, the 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 proprietor of the reasons for that determination.
(8) The court shall give a direction
under clause (b) of sub-section (6) above if, on an application by the
proprietor, the court thinks it proper to do so having regard to all the
circumstances of the case, including in particular the conduct of the
proprietor 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 proprietor of a previous application for such a direction.
(9) Sub-section (4) above shall apply in relation
to a manager of a food business as it applies in relation to the proprietor
of such a business; and any reference in sub-section (5) or (8) above
to the proprietor of the business, or to the proprietor, shall be construed
accordingly.
(10) In sub-section (9) above "manager" , in relation to
a food business, means any person who is entrusted by the proprietor with
the day to day running of the business, or any part of the business.
35. Emergency prohibition notices
and orders
(1) If an Enforcement Officer is
satisfied, that the health risk condition is fulfilled with respect to
any food business, he may, after a notice served on the proprietor of
the business (in this Act referred to as an "emergency prohibition
notice"), apply to the Commissioner of Food Safety for imposing
the appropriate prohibition.
(2). If the Commissioner of Food Safety
is satisfied, on the application of such an officer, that the health risk
condition is fulfilled with respect to any food business , he shall ,
by an order, impose the appropriate prohibition.
(3) The Enforcement 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 proprietor
of the business of his intention to apply for the order .
(4) As soon as practicable after
the service of an emergency prohibition notice, the Enforcement Officer
shall affix a copy of the notice at a conspicuous place on such premises
used for the purposes of the business as they consider appropriate; and
any person who knowingly contravenes such a notice shall be guilty of
an offence and shall be punishable with imprisonment of a term which may
extend to one year and with fine which may extend to rupees two lakhs
,
(5) As soon as practicable after
the making of an emergency prohibition order, the Enforcement Officer
shall—
(a) serve a copy of the order
on the proprietor of the business; and
(b) affix a copy of the order
at a conspicuous place on such premises used for the purposes of that
business as they consider appropriate;
and any person who knowingly contravenes
such an order shall be guilty of an offence and shall be punishable with
imprisonment of a term which may extend to two years and with fine which
may extend to rupees two lakhs ,
(6) An emergency prohibition notice
shall cease to have effect—
(a) if no application for an emergency
prohibition order is made within the period of three days beginning with
the service of the notice, at the end of that period;
(b) if such an application is so
made, on the determination or abandonment of the application.
(7) An emergency prohibition
notice or emergency prohibition order shall cease to have effect on the
issue by the Enforcement Officer of a certificate to the effect that he
is satisfied that the proprietor has taken sufficient measures to secure
that the health risk condition is no longer fulfilled with respect to
the business.
(8) The Enforcement Officer shall issue a certificate under sub-section
(7) above within three days of his being satisfied as mentioned in that
sub-section; and on an application by the proprietor for such a certificate,
the 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 proprietor of the reasons for
that determination.
(10) Where an emergency prohibition
notice is served on the proprietor of a business, the Enforcement Officer
shall compensate him in respect of any loss suffered by reason of his
complying with the notice unless—
(a) an application for an emergency
prohibition order is made within the period of three days beginning with
the service of the notice; and
(b) the Director of Food Safety
declares itself satisfied, on the hearing of the application, that the
health risk condition was fulfilled with respect to the business at the
time when the notice was served;
and any disputed question as to the right to or the amount
of any compensation payable under this sub-section shall be determined
by arbitration.
36. Designated Officer
The functions to be performed by the Designated
Officer shall be as follows, namely :
(1). recommend to State Commissioner
of Food Safety (a) to issue or cancel license of food business operators
, (b) to prohibit the sale of any article of food or substance which
may be injurious to health ;
(2). to receive report and samples
of article of foods from Food Inspector under its jurisdiction and get
them analyzed ;
(3). make recommendations to State Commissioner
of Food Safety to launch prosecutions in case of contravention;
(4). maintain record of all inspection
made by food inspectors and action taken by them in the performance of
their duties;
(5). investigate any complaint which
may be made in writing in respect of any contravention of the provisions
of this Act, the rules and regulations made thereunder.
(6). investigate any complaint which
may be made in writing against the Food Inspector ;and
(7). to perform such other duties as
may be entrusted by the State Commissioner of Food Safety .
37. Food Inspector
(1) The State Commissioner of Food Safety,
shall, by notification, appoint such persons as it thinks fit, having
the prescribed qualifications as Food Inspectors for such areas as it
may assign to them for the purpose of performing its functions under this
Act.
(2) The State Government may authorize
any officer of the State Government having the prescribed qualifications
to perform the functions of a Food Inspector within the specified jurisdiction.
38. Powers of the Food Inspectors
(1) The Food Inspector may —
(a) (i) take a sample 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) take a sample from any food
source, or a sample of any contact material, which is found by him on
or in any such premises; or
(iii). take a sample of any article or
substance which is found by him on or in any such premises and 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 there under ; and
(b)(i) send such sample for analysis
to the Food Analyst for the local area within which such sample has been
taken; or
(ii) with the previous approval of the
Designated Officer having jurisdiction in the area concerned , prohibit
the sale of any article of food in the interest of public health.
(2) The Food Inspector may enter and
inspect any place where 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.
(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) If any article intended for food appears
to Food Inspector to be in contravention of this Act , he may , with
the approval of the Designated Officer , seize and carry away or keep
in the safe custody of the vendor such article in order that it may be
dealt with as hereinafter provided and he shall, in either case, take
a sample of such article and submit the same for analysis to a Food Analyst;
Provided that where the Food Inspector
keeps such article in the safe custody of the vendor he may require the
vendor to execute a bond for a sum of money equal to the value of such
article with one or more sureties as the Food Inspector deems fit and
the vendor shall execute the bond accordingly.
(5) Where any article of food seized under
sub-section (4) is of a perishable nature and the Designated Officer is
satisfied that such article of food is so deteriorated that it is unfit
for human consumption, the said Designated Officer may, after giving notice
in writing to the vendor, cause the same to be destroyed.
(6). The Food Inspectors 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, relating to the search or inspection of a place by a police officer
executing a search warrant issued under that Code.
(7) 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 Inspector
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 Inspector 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 Inspector except with the
previous approval of the authority to which he is subordinate.
(8) Where the Food Inspector takes any
action under clause (a) of sub-section (1), sub-section (2), sub-section
(4) or sub-section (7), he shall, call one or more persons to be present
at the time when such action is taken and take his or their signatures.
(9) Where any books of account or other
documents are seized under sub-section (6), the Food Inspector 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 therefrom as certified by that person in such manner as my
be prescribed 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 therefrom as certified by the
court have been taken.
(10) When any adulterant is seized under
sub-section (7), 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.
(11) The State Commissioner of Food Safety
may from time to time issue guidelines with regard to exercise of powers
of the Food Inspectors , which shall be binding.
(12) Any Food Inspector exercising powers
under this Act or under the rules and regulations made there-under who
(a) vexatiously
and without any reasonable grounds of suspicion 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 punishable for such offence with fine which may extend
to twenty five thousand rupees.
39. Food Analysts
The Food Authority or the Commissioner
of Food Safety may, by notification in the Official Gazette, appoint
such persons as it thinks fit, having the prescribed qualifications to
be Food Analysts for such local areas as may be assigned to them by the
Food Authority or the Commissioner of Food Safety , as the case may be:
Provided that no person, who has any financial
interest in the manufacture, import , export or sale of any article of
food shall be appointed to be a Food Analyst under this section:
Provided further that different Food Analyst
may be appointed for different articles of food.
40. Functions of Food Analyst
(1) On receipt of a package containing
a sample for analysis from a Food Inspector 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 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
analyzed such samples of article of food as may be sent to him by Food
Inspector or by any other person authorized under this Act.
(3) The Food Analyst shall, within a period
of ten days from the date of receipt of any sample for analysis, send
by registered post or by hand to the designated officer a report of the
result of such analysis:
Provided that where any such sample does
not conform to the provisions of this Act or the rules and regulations
made thereunder , the Food Analyst shall send by registered post or by
hand four copies of such report to the designated officer:
Provided further that the
Food Analyst shall forward a copy of such report also to the person who
purchased an article of food and forwarded the same to him for analysis.
Provided also that in case
the sample can not be analyzed with ten days of its receipt, the Food
Analyst shall inform the designated officer and the State Commissioner
of Food Safety giving reasons and specifying the time to be taken for
analysis.
41. Sampling and analysis etc
(1) When a Food Inspector 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 provided by
rules madeunder this Act, divide the sample into three 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:
Provided that where such person refuses
to sign or put his thumb impression , the Food Inspector 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 ; and
(ii) send the remaining two parts to the
designated officer for keeping these in safe custody ;
(2) Where the part of the sample sent
to the Food Analyst is lost or damaged, the designated officer shall,
on a requisition made to it by the Food Analyst or the Food Inspector
dispatch one of the parts of the sample sent to it to the Food Analyst
for analysis.
(3) When a sample of any article of food
or adulterant is taken ,the Food Inspector shall, by the immediately succeeding
working day, send a sample of the article of food or adulterant or both,
as the case may be , in accordance with the rules prescribed for sampling
to the Food Analysts for the area concerned.
(4) An article of food or adulterant seized,
unless destroyed, shall be produced before a Magistrate as soon as possible
and in any case not later than seven days after the receipt of the report
of the Food Analyst:
Provided that if an application
is made to the Magistrate in this behalf by the person from whom any article
of food has been seized, the Magistrate shall by order in writing direct
the Food Inspector to produce such article before him within such time
as may be specified in the order.
(5) If it appears to the Magistrate on
taking such evidence as he may deem necessary –
(a) that the article of food produced
before him is adulterated or misbranded, he may order it-
(i) to be forfeited to the Food Authority
, the State Commissioner of Food Safety or the Designated Officer , as
the case may be; or
(ii) to be destroyed at the cost of the
owner or the person from whom it was seized so as to prevent its being
used as human food; or
(iii) to be so disposed of as to prevent
its being again exposed for sale or used for food under its deceptive
name; or
(b) that the adulterant seized and produced
before him is apparently of a kind which may be employed for purposes
of adulteration and for the possession of which the manufacturer, distributor
or dealer, as the case may be, is unable to account satisfactorily, he
may order it to be forfeited to the Food Authority , the State Commissioner
of Food Safety or the Designated Officer, as the case may be.
(6) If it appears to the Magistrate that
any such-
(a) article of food is not adulterated;
or
(b) adulterant which is purported to be
an adulterant is not an adulterant,
the person from whose possession the article
of food or adulterant was taken, shall be entitled to have it restored
to him and it shall be in the discretion of the Magistrate to award such
person from such fund as the State Government may direct in this behalf,
such compensation not exceeding the actual loss which he has sustained
as the Magistrate may think proper.
(7).In case of imported article of food,
the authorized officer of Food Authority shall take sample and send
to Food Analyst of notified laboratory who will send the report within
a period of ten days to the Authority and the Food Authority shall thereupon
take decision about permitting destruction or return of consignment to
the exporter.
(8) The Enforcement Officer shall
follow the regulations framed by the Food Authority in this regard.
(9) The Food Authority in framing, sampling
and analysis procedure shall prescribe :
(a) the matters to be taken into
account in determining whether, and at what times, samples should be procured;
(b) the manner of procuring samples,
including the steps to be taken in order to ensure that any samples procured
are fair samples;
(c) the method of dealing with samples,
including (where appropriate) their division into parts;
(d) the persons to whom parts of
samples are to be given and the persons by whom such parts are to be retained;
(e) the notices which are to be given
to, and the information which is to be furnished by, the persons in charge
of any food, substance, contact material or food source of or from which
samples are procured;
(f) the methods which are to be used
in analyzing samples, or parts of samples, or in classifying the results
of analyses or examinations;
(g) the circumstances in which a Food
analyst is to be precluded, by reason of a conflict of interest, from
analyzing a particular sample or part of a sample; and
(h) the circumstances in which samples,
or parts of samples, are to be or may be submitted for analysis—
(i) to the Food Analyst , or to such
other Food Analyst as he may direct; or
(ii) to a person determined by or
under the regulations.
42. Purchaser may have food analyzed.
(1). Nothing contained in this Act shall
be held to prevent a purchaser of any article of food other than a Food
Inspector from having such article analyzed by the Food Analyst on payment
of such fees as may be prescribed and from receiving from the Food Analyst
a report of his analysis:
Provided that such purchaser shall inform
the vendor at the time of purchase of his intention to have such article
so analyzed:
Provided also that if the report of the
Food Analyst shows that the article of food is adulterated, 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 food safety requirements under this Act, he
shall follow the procedure prescribed under section 46 for prosecution.
43. Obstruction etc. of officers.
(1) Any person who—
(a) intentionally obstructs any person
acting in the execution of this Act; or
(b) without reasonable cause,
fails to give to any person acting in the execution of this Act any assistance
or information which that person may reasonably require of him for the
performance of his functions under this Act,
shall be guilty of an offence.
(2) Any person who, in purported compliance with any such requirement
as is mentioned in clause (b) of subsection (1) above—
(a) furnishes information which he
knows to be false or misleading in a material particular; or
(b) recklessly furnishes information
which is false or misleading in a material particular,
shall be guilty of an offence.
(3) Nothing in clause (b) sub-section
(1) shall be construed as requiring any person to answer any question
or give any information if to do so might incriminate him.
44 . Power of search, seizure, investigation
, prosecution and procedure thereof
(1) An Enforcement Officer may search
any place, seize any article, if there is a reasonable doubt about them
being involved in commission of any offence relating to food.
Provided that no search shall be deemed
to be irregular by reason only of the fact that witness 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 relating
to search, seizure, summon, investigation and prosecution , shall apply,
as far as may be, to all action taken by the Enforcement Officer in these
respects under this Act.
|
45.
Procedure for launching prosecution:
(1).
The Enforcement 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 Enforcement Officer shall
analyze the sample and send the analysis report within ten days to Designated
Officer with a copy to Commissioner of Food Safety.
(3).
The Designated Officer after examination of the report of Food Analyst
shall send its recommendations within fifteen days on the action to be
taken in the case of contravention of this Act and rules and regulations
made thereunder, to Commissioner of Food Safety for adjudication or prosecution
as the case may be.
(4).
The Commissioner of Food Safety shall decide as per the gravity of offence
whether matter be referred to:
(a)
an Adjudicating Officer in case of offences punishable with fine only,
or
(b)
a Special Court in case of offences punishable with imprisonment or both
imprisonment and fine
(5)
The Commissioner of Food Safety shall communicate his decision to the
Designated Officer and the concerned Food Inspector who shall launch prosecution
before Adjudicating Officer or Special Court , as the case may be. |
CHAPTER VII
GENERAL PROVISIONS RELATING TO IMPORT, EXPORT
ETC.
46.
Import or Export of articles of food:
No
person shall import or export any article of food except under a license
issued by the Food Authority or its authorized officer.
47.
Prohibition of import of certain articles of food – No person shall
import into India –
(i) any adulterated food;
(ii) any misbranded food;
(iii) any article of food for the import of which a licence is prescribed,
except in accordance with
the conditions of the licence; and
(iv) any article of food in contravention of any other provision of this
Act or of any rule made
thereunder,
48.
Import of articles of food
(1)
The Central Government may, in consultation with the Food Authority, by
notification, regulate the import of any article of food , including genetically
modified food into India.
(2)
Any food imported into India shall comply with the requirements of this
Act and rules and regulations made thereunder and conform to the standards
laid down in this Act or the rules and regulations made thereunder or,
where a specific agreement exists between India and the exporting country,
with requirements contained therein.
(3)
The Food Authority may authorize any of the approved laboratories to
examine and test the standard of any article of food imported into India
and if it is satisfied on receipt of a report from the laboratory that
such article does not conform with the standards laid down in this Act
or the rules and regulations made thereunder, it may ban the concerned
consignment of such article of food from sale in India or export to a
third country or destroy the consignment or return the same to the exporter.
(4)
The country of origin of imported food shall be declared on the label
of the articles of food. |
49.
Application of law relating to Customs and powers of Customs Officers
(1).
The law for the time being in force relating to customs and to goods,
the import of which is prohibited by Customs Act, 1962 shall, subject
to the provisions of this Act, apply in respect of articles of food, the
import of which is prohibited under the Customs Act, and officers of
Customs and the officers empowered under that Act to perform the duties
imposed thereby on a Customs Collector and other officers of Customs,
shall have the same powers in respect of such articles of food as they
have for the time being in respect of goods as aforesaid.
(2)
Without prejudice to the provisions of sub-section (1) the Custom Collector,
or any other officer authorized by the Food Authority in this behalf,
may detain any imported package which he suspects to contain any article
of food, the import of which is in contravention of this Act and shall
forthwith report such detention to the Officer authorized by the Food
Authority, forward the package or send samples of any suspected article
of food found therein to the Laboratory notified by the Food Authority. |
50.
Export of articles of food
(1)
If the Central Government, after consulting the Food Authority, is of
the opinion that it is necessary or expedient so to do for the development
of the export trade of India, it may, by order published in the Official
Gazette-
(a) notify commodities which shall be subject to quality
control or inspection or both prior to export;
(b) specify the type of quality control or inspection which
will be applied to a notified commodity;
(c) establish, adopt or recognize one or more standard
specifications for a notified commodity;
(d) prohibit the export in the course of international trade
of a notified commodity unless it is accompanied by a certificate that
the commodity meets with the conditions relating to quality control or
inspection, or it has affixed or applied to it a mark or seal recognized
by the Food Authority as indicating that it conforms to the standard specifications
applicable to it under clause(c).
(2)
The food exported from India for placing on the market of any other
country shall comply with the requirements of this Act and the rules
made there under , unless otherwise requested by the authorities of the
importing country or established by the laws, regulations, standards,
codes of practice and other legal and administrative procedures as may
be in force in the importing country.
51.
Special Provisions relating to applications for Registrations of food
business from Citizens of Convention Countries
(1)
With a view to the fulfillment of a treaty, convention or arrangement
with any country or country which is a member of a group of countries
or union of countries or Inter-Governmental Organization outside India
which affords to citizens of India similar privileges as granted to its
own citizens, the Central Government may, by notification in the Official
Gazette, declare such country or group of countries or union of countries
or Inter-Governmental Organization to be a convention country or group
of countries or union countries or Inter-Governmental Organizations, as
the case maybe, for the purposes of this Act.
(2)
Where a person has made an application for the registration in a convention
country or country which is a member of a group of countries or union
of countries or Inter-Governmental Organization and that person, or his
legal representative or assignee, makes an application for the registration
of food business in India within six months after the date on which the
application was made in the convention country of country which is a member
of a group of countries or union of countries or Inter-Governmental organizations,
the food business shall, if registered under this Act, be registered as
of the date on which the application was made in the convention country
or country which a member of a group of countries or union of countries
or Inter-Governmental Organisation and that date shall be deemed for the
purposes of this Act to be the date of registration.
(3)
Where applications have been made for the registration of a food business
in two or more convention countries or country which are members of group
of countries or union of countries or Inter- Governmental Organisation,
the period of six months referred to in the last preceding sub-section
shall be reckoned from the date on which the earlier or earliest of those
applications was made.
(4)
Nothing in this Act shall entitle the proprietor of a food business to
recover damages for infringement which took place prior to the date of
application for registration under this Act.
52.
Provision as to reciprocity
Where
any country or country which is a member of a group of countries or union
of countries or Inter-Governmental Organisation specified by the Central
Government in this behalf by notification in the Official Gazette does
not accord to citizens of India the same rights in respect of the registration
and protection of food business as it accord to its own nationals, no
national of such country or country which is a member of a group of countries
or union of countries or Inter-Governmental Organisation, as the case
may be, shall be entitled, either solely or jointly with any other person:-
(a) to apply for the registration of, or be registered
as the proprietor of, a food business;
(b) to be registered as the assignee of the proprietor of
a registered food business; or
(c) to apply for registration or be registered as a
registered user of a food business under section 31. |
CHAPTER
VIII
OFFENCES
AND PENALTIES
53.
In this Chapter-
(a) for
determining whether any food is injurious to health, regard shall be had
–
(i) not
only to the probable effect of that food on the health of a person consuming
it; but
(ii) 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) “injury’,
includes any impairment, whether permanent or temporary, and “injurious
to health” shall be construed accordingly;
© food
fails to comply with food safety requirements if –
(i)
it has been rendered injurious to health by means of any of the operations
mentioned in sub-
section (1) of section –
(ii)
it is unfit for human consumption; or
(iii)
it is so contaminated (whether by extraneous matter or otherwise)that
it would not be
reasonable to expect it to be used for human consumption in that state
and references
to such requirements or to food complying with such requirements shall
be construed
accordingly;
(d) in any
proceeding the fact that a label or advertisement in respect of which
the offence 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 offence was committed.
54. Rendering
food injurious to health.
(1) Any
person who renders any article of food injurious to health by means
of any 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 for human consumption, shall be liable
to a penalty not exceeding fifty lakhs.
55. Selling
food not complying with the food safety requirements.
(1) Any
person who—
(a) sells for human consumption or offers, exposes or
advertises for sale for such consumption, or has in his possession for
the purpose of such sale or of preparation for such sale; or
(b) deposits with, or consigns to, any other person for the
purpose of such sale or of preparation for such sale,
any
food which fails to comply with food safety requirements specified under
this Act or in contravention of Chapter III shall be liable to a penalty
not exceeding rupees twenty five lakhs.
(2) 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 for the purposes of this section,
until the contrary is proved, that all of the food in that batch, lot
or consignment fails to comply with those requirements.
56.
Any person who manufacatures, sells, or offers or exposes for sale, or
has in his possession for the purpose of sale, any food the presentation
of which is likely to mislead as to the nature or substance or quality
of the food and which is injurious to health of consumer shall be liable
to penalty not exceeding rupees ten lakhs.
57. Selling
food not of the nature or substance or quality demanded.
(1) Any
person who sells to the purchaser's prejudice any food which is not of
the nature or substance or quality demanded by the purchaser , shall be
liable , -
(a)
where such article of food is not injurious to health, to a penalty not
exceeding two lakh rupees; and
(b)
where such article of food 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 purchaser was not prejudiced because he bought for analysis or examination.
58.
Falsely describing or presenting food.
(1) Any
person who gives with any food manufactured or sold by him, or displays
with any food offered or exposed by him for sale or in his possession
for the purpose of sale, a label, whether or not attached to or printed
on the wrapper or container, which—
(i)
is misbranded within the meaning of clause (x) of section 3, he shall,
in addition to any penalty to which he may be liable under the relevant
provisions of the Customs Act, 1962, be punishable with fine which may
extend to three lakh rupees and the Adjudicating Officer may issue a direction
to him for corrective action to rectify the mistake;
(2) Any person who publishes, or is a party to the publication of
an advertisement, not being such a label given or displayed by him as
mentioned in sub-section (1) above which—
(a) falsely
describes any food; or
(b)
is likely to mislead as to the nature or substance or quality of any food,
shall
be liable to a penalty not exceeding rupees ten lakhs.
59.
Failure to comply with requirements of Enforcement Officer
If
a food business operator without reasonable ground, fails to comply
with the requirements of this Act directed by the Enforcement Officer
, he shall be liable to penalty not exceeding rupees two lakhs.
60.
Import and export of articles of food
(1) Any
person who imports food which is injurious to health or not complying
with food safety requirements, in addition to any penalty to which he
may be liable under the relevant provisions of the Customs Act, 1962,
shall be liable under this Act also and shall be proceeded according.
(2).
Such article of food shall be destroyed or returned to the exporter if
he wishes so.
(3) Any
person who exports food which is injurious to health or not complying
with food safety requirements of importing country shall be guilty of
an offence under this Act.
61.
Punishment for contraventions in certain cases
Any person who is liable to a penalty under section 50 and 51 of this
Act shall where such contraventions or failures result in any injury or
death to any person, be punished as
(i)
where such failure or contravention results in a non-serious injury, with
imprisonment for a term which may extend to three years and with fine;
(ii)
where such failure or contravention results in a grievous injury, with
a imprisonment for a term which may extend to six years and with fine.
(iii)
where such failure or contravention results in death, with imprisonment
for life and with fine.
62.
Compensation in case of injury or death of consumer
(1)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 sells any article of food causing injury to the consumer or his death,
it shall be lawful for the adjudicating officer or the court as the case
may be to direct him to pay compensation to the victim or the legal representative
of the victim,-
(a)
a sum not less than rupees five lakhs in case of death;
(b)
a sum not exceeding rupees three lakhs in case of grievous injury; and
(c)
in all other cases of injury compensation of a sum of not less than rupees
fifty thousand.
(2)
Where any person is held liable to a penalty or guilty of an offence under
this Chapter the adjudicating officer or the court may also cause the
name and place of residence of the person held liable or 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 license , 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 |
63.
Interfering with seized items
If
a person without the permission of an Enforcement Officer, detain, remove
or tamper with any food, vehicle, equipment, package or labelling or advertising
material or other thing that has been seized under this Act, shall be
punishable with a fine which may extend to rupees two lakhs and imprisonment
for a term which shall not be less than six months..
64.
False information
If
a person in connection with a requirement or direction under this Act,
provide any information or produce any document that the person knows
is false or misleading shall be punishable with a fine which may extend
to rupees two lakhs and imprisonment for a term which shall not be less
than three months.
65.
Obstructing , impersonating Enforcement Officer
If
a person without reasonable excuse, resist, obstruct, or attempt to obstruct,
impersonate , threaten, intimidate or assault an Enforcement Officer in
the exercise of functions under this Act, shall be punishable with imprisonment
for a term which shall not be less than one month and with a fine which
may extend to rupees one lakh.
66.
Penalty for offences where 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 punishment has been separately
provided in this Chapter, shall be punishable with fine which may extend
to rupees two lakhs depending upon the gravity of the offence.
67.
Penalty for carrying out a business without license
If
any person or food business operator himself or by any person on his
behalf manufacture, sale, store, distribute , import or export any article
of food without license , shall be punishable with imprisonment for a
term which shall not be less than six months and with a fine which may
extend to rupees one lakh.
68.
Penalty for subsequent offences
If
any person, after having been previously convicted of an offence punishable
under this Act subsequently commits and is convicted of an offence , he
shall be liable to twice the punishment, which might have been imposed
on a first conviction subject to the punishment being maximum provided
for the same offence , and
(a)
a further fine on daily basis of upto rupees one lakh shall be imposed
where the offence is continued ;
(b) 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;
(c) his license
may be cancelled.
|
69.
Offences by bodies corporate
(1) Where
an offence under this Act which has been committed by a body corporate
is proved to have been committed with the consent or connivance of, or
to be attributable to any neglect on the part of—
(a) any
director, manager, secretary or other similar officer of the body corporate;
or
(b) any
person who was purporting to act in any such capacity,
he
as well as the body corporate shall be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
(2) In
sub-section (1) above "director" , in relation to any body corporate
established by or under any enactment for the purpose of carrying on any
industry or part of an industry or undertaking, being a body corporate
whose affairs are managed by its members, means a member of that body
corporate.
(3).
Where a company has different establishments or branches or different
units in any establishment or branch, the concerned chief executive and
the person nominated by the company as responsible for food safety of
such an establishment or branch or unit shall be responsible for contravention
in respect of such establishment, branch or unit. |
CHAPTER IX ADJUDICATION AND FOOD APPELLATE TRIBUNAL
70.
Adjudication
(1)
For the purposes of adjudication under this Chapter, an officer not below
the rank of District Magistrate of the district where the offence is
committed, shall be notified by the State Government as the Adjudicating
Officer for holding an inquiry in such manner as may be prescribed .
(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 under any section
of this Chapter, impose such penalty as he thinks fit in accordance with
the provisions of that section.
(3)
Every 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).
(4)
While adjudging the quantum of penalty under this Chapter, the Adjudicating
Officer 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 to any person as a result
of the contravention;
(c) the repetitive nature of the contravention, and
(d) any other relevant factor.
(5). Any person
who is aggrieved by a decision of an Adjudicating Officer may appeal to
the Divisional Commissioner or the Commissioner of Food Safety of the State;
Provided that the period within which such an appeal may be brought
shall be thirty days from the date on which order was served on
the person desiring to make appeal.
Provided further that any person aggrieved
by the orders of the Commissioner or the Commissioner
of Food Safety of the State may further appeal to the Food Appellate Tribunal
within thirty days of the receipt of the order.
70A. Power to compound offences
(1) The Central Government or the case
may be the State Government may, by notification, empower the Additional
District Magistrate, to accept from any person against whom a reasonable
suspicion exists that he has committed an offence against this act, payment
of sum of money by way of composition of the offence which such person
is suspected to have committed.
(2) On 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.
(3) The officer compounding any offence
may, approach the officer so empowered, for the cancellation of the license
or permit of the offender granted under this Act.
(4) The sum of money accepted or agreed
to be accepted as composition under sub section (1) shall, in no case,
exceed the sum of two lakh rupees:
Provided that no offence, for which a
minimum period of imprisonment has been prescribed in this chapter, shall
be compounded.
71. Establishment of Appellate Tribunal.
(a) 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 Appellate Tribunal.
(b) The Central Government or the State Government as the case may be,
shall also specify, in the notification referred to in sub-section (1),
the matters and places in relation to which the Food Appellate Tribunal
may exercise jurisdiction.
72. Composition, procedure etc. of
the Tribunal.
(1).A Tribunal shall consist of one person
only (hereinafter referred to as the Presiding Officer of the Food Appellate
Tribunal) to be appointed, by notification, by the Central Government
or the State Government as the case may be .
(2) The qualifications, appointment, term
of office, salary or allowances, resignation and removal of the Presiding
Officer shall be such as may be prescribed by the State Government.
(3) The procedure of appeal and powers
of the Tribunal shall be such as may be prescribed by the Central Government.
73. Orders constituting the Appellate Tribunal to be final and not
to invalidate its proceeding etc.
No order appointing any person as the
Presiding Officer of a Food Appellate Tribunal shall be called in question
in any manner and no act or proceeding before a Tribunal shall be called
in question in any manner on the ground merely of any defect in the constitution
of a Tribunal.
74. Procedure and powers of the Food
Appellate Tribunal.
(1) The Food Appellate Tribunal shall not be bound by the procedure laid
down by the Code of Civil Procedure, 1908 but shall be guided by the principles
of natural justice and, subject to the other provisions of this Act and
of any rules, the Tribunal shall have powers to regulate its own procedure
including the place at which it shall have its sittings.
(2) The Food Appellate 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, while trying a suit, in
respect of the following matters, namely:-
(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;
© 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.
(3) Every proceeding before the Food Appellate
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 and the Food Appellate Tribunal shall be deemed to be a court
for the purposes of section 195 and Chapter XXVI of the Code of Criminal
Procedure, 1973.
75. Right to legal representation.
The appellant may either appear in person or authorize one or more legal
practitioners or any of its officers to present his or its case before
the Food Appellate Tribunal.
76. Limitation.
The provisions of the Limitation Act, 1963, shall, as far as may be, apply
to an appeal made to the Food Appellate Tribunal.
77. Civil court not to have jurisdiction.
No court shall have jurisdiction to entertain
any suit or proceeding in respect of any matter which an adjudicating
officer appointed under this Act or the Food Appellate Tribunal constituted
under this Act 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.
78. Appeal to High Court.
Any person aggrieved by any decision or
order of the Food Appellate 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.
79. 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 licence,
shall be suspended till the penalty is paid.
80. Power of court to try cases
summarily.
Notwithstanding anything contained in
the Code of Criminal Procedure, 1973, all offences under sections 56,57
and 58 shall be tried in a summary way by a Judicial Magistrate of the
first class specially empowered in this behalf by the State Government
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 practices, 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.
81. Special courts
(A) Constitution of Special Court
(1) Notwithstanding anything contained
in this Act or in the Code of Criminal Procedure, 1973, the Central Government
or the State Government in their respective jurisdictions may, for the
purposes of the trial of offences leading to grievous injury or death
of the consumer by notification in the Official Gazette, constitute as
many Special Courts with the concurrence of the Chief Justice of 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:
82. Appointment of Public Prosecutor
(1) 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:
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.
(2) 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.
83. Trial by Special Courts to have precedence.
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.
84. 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 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.
85. Appeal
(1) Any person aggrieved by a decision
or order of a Special Court may, on payment of such fee as may be prescribed
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.
86. Cognizance and trial of offences
(1). No prosecution for an offence under
this Act shall be instituted except by, or with the written sanction
of, the Food Authority or the State Commissioner of Food Safety or
a person authorized in this behalf, by general or special order, by the
Central Government or the State Government as in accordance with provisions
of section …… of this Act:
Provided that a prosecution for an offence
under this Act may be instituted by a purchaser or recognized consumer
association, if he or it produces in court a copy of the report of the
Food Analyst of the laboratory concerned alongwith the complaint.
Explanation. – For the purpose
of this section “recognized consumer association” means a voluntary consumer
association registered under the Companies Act, 1956 or under any other
law for the time being in force.
87. 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 three years from the date of commission
of an offence.
88. 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 manufacturer, distributor or dealer of any article of food,
the court, is satisfied, on the evidence adduced before it, that such
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), or in section
69 proceed against him as though a prosecution has been instituted against
him under section 69.
89. Magistrate’s power to impose enhanced
penalties.
Notwithstanding anything contained in
section 29 of the Code of Criminal Procedure (1973), it shall be lawful
for the trial court to pass any sentence authorized by this Act, except
a sentence of imprisonment for life or for a term exceeding six years,
in excess of his powers under the said section.
90. 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) Subsection (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 proprietor of a food business
or is otherwise engaged in the conduct of a food business for which the
advertisements concerned were published.
(b) Defence in respect of food for
export
(1) In any proceeding for an offence
involving a contravention of or failure to comply with a provision of
the this Act and the rules and regulations made there under in relation
to food, it is a defence for a person to prove that:
(a) the food in question is to be exported
to another country, and
(b) the food complies with the laws in
force at the time of the alleged offence in the place to which the food
is to be exported,
(2) This section does not apply to food
that was originally intended for export but was sold in this jurisdiction.
(c) 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 prevent the commission
of the offence by the person or by another person under the person's control.
(2) Without limiting the ways in which
a person may satisfy the requirements of sub-section (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) that:
(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 the food concerned
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 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
regulations, 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 clause (a) of subsection (2) ,
another persondoes not include a person who was:
(a) an employee or agent of the defendant,
or
(b) in the case of a defendant that is
a body corporate, a director, employee or agent of the defendant.
(4) Without limiting the ways in which
a person may satisfy the requirements of sub-section (1) or (2) (b) (i),
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 person complied with
a food safety
program for the food business 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.
(d) Defence of mistaken and reasonable
belief not available
In any proceedings for an offence under
sections 49,50 and 51 it is no defence that the defendant had a mistaken
but reasonable belief as to the facts that constituted the offence.
(e) Defence in respect of handling
food
In any proceedings for an offence under
concerned section , 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 or unsuitable.
|
CHAPTER X FINANCE, ACCOUNTS , AUDIT AND REPORTS
91. 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,
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.
92. Grants by Central Government
The Central Government may, after due
appropriation, make to the FoodAuthority grants of such sums of money
as that Government may think fit.
93. Accounts and Audit of Food Authority
(1) The Food Authority shall maintain
proper accounts and other 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 FoodAuthority.
(3) The accounts of the Food Authority
, as certified by the Comptroller and Auditor General 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.
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94.
Fee received by Food Authority
The
Food Authority in consultation with Central Government shall by regulation
charge a graded fee from licensed food units , accredited laboratories
or auditors, for carrying out its day to day activities. |
95.
Deleted |
96.
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, 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.
(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. |
CHAPTER
XI
MISCELLANEOUS
97.
Power of Central Government to issue directions and obtain reports and
returns
(1).
Without prejudice to the foregoing provisions of this Act, the Food Authority
shall, in exercise of its powers or the 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).
The decision of the Central Government, whether a question is one of policy
or not, shall be final.
(3).
(a). The Food Authority shall furnish to the Central Government at such
time and in such form and manner as may be prescribed, or as the Central
Government may direct, such returns, statements and other particulars
as the Central Government may require.
(b).
Without prejudice to the provisions of clause (a), the Food Authority
shall, within two months after the close of each financial year, submit
to the Central Government a report giving a true and full account of its
activities
(c).
The copies of the reports received under clause (b) shall be laid, as
soon as may be after they are received, before each House of Parliament.
98.
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.
99.
Power of Central Government to supersede Food Authority
(1).
If at any time the Central Government is of the opinion,-
(a) that on account of circumstances beyond the control
of the Food Authority, it is unable to discharge the functions or perform
the duties imposed on it by or under the provisions of this Act; or
(b) that the FoodAuthority has persistently defaulted in complying
with any direction given by the Central Government under this Act or in
the discharge of the functions or performance of the duties imposed on
it by or under the provisions of this Act and as a result of such default
the financial position of the Food Authority or the administration of
the Food Authority has suffered; or
(c) that circumstances exist which render it necessary
in the public interest so to do,
the
Central Government may, by notification and for reasons to be specified
therein, supersede the Food Authority for such period, not exceeding
six months, as may be specified in the notification and appoint a person,
not below the rank of a Joint Secretary to the Government of India, to
look after the affairs of the FoodAuthority:
Provided
that before issuing any such notification, the Central Government shall
give a reasonable opportunity to the Food Authority to make representations
against the proposed supersession and shall consider the representations,
if any, of the Food Authority.
(2).
Upon the publication of a notification under sub-section (1) superseding
the FoodAuthority,-
(a)
the Chairperson and other members of the Food Authority shall, as from
the date of supersession, vacate their offices as such;
(b)
all the powers, functions and duties which may, by or under the provisions
of this Act, be exercised or discharged by or on behalf of the Food Authority
shall, until the Food Authority is reconstituted under sub-section (3),
be exercised and discharged by the person appointed under sub-section
(1).
(3).
On or before the expiration of the period of supersession specified in
the notification issued under sub-section (1), the Central Government
shall reconstitute the FoodAuthority by a fresh appointment of its members
and in such case any person who had vacated his office under clause (a)
of sub-section (2) shall not be deemed to be disqualified for reappointment.
(4).
The Central Government shall cause a copy of the notification issued under
sub-section (1) and a full report of any action taken under this section
and the circumstances leading to such action to be laid before each House
of Parliament.
100.
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 Act for anything which
is in good faith done or intended to be done under this Act or the rules
or regulations made thereunder.
101
. Public Servant
The
Chairperson, Members, Officers and other employees of the Authority 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 of section
21 of the Indian Penal Code(45 of 1860).
102.
Overriding effect of this Act over all other food related laws
The
provisions of this Act shall have effect notwithstanding anything inconsistent
there with 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.
103.
Transfer of Existing Employees of Central Agencies governing various food
related Acts/Orders to the Food Safety.
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 as
respective 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 within
such period.
104.
Power of Central Government to make rules
(1)
The Central Government may, by notification in the Official Gazette, make
rules for carrying out the purposes of this Act. |
(2)
In particular, and without prejudice to the generality of the foregoing
powers, such rules may provide for all or any of the following matters,
namely: -
(a) such other powers which may be exercised by
the Food Authority
(b)
the salary and allowances payable to, and other terms and conditions
of service of, the members and officers and staff of the Food Authority;
(c) the form and manner in which and the time
within which returns and statements and particulars are to be furnished
by the Food Authority to the Central Government;
(d) the manner of setting up the State Commissionerate
of Food Safety and the powers, functions and duties which may be performed
by the said Commissioner;
(e) the guidelines for appointment of the Commissioner
of Food Safety by the State Government or the union territory;
(f) the manner of holding inquiry
by the Adjudicating Officer or the Food Appellate Tribunal ;
(g) Issue directions or guidelines in regard to
international issues relating to food standards and safety,
(h) any other matter which is required to be,
or may be, prescribed or in respect of which provision is to be made by
rules. |
105.
Power of Authority to make regulations
(1)
The 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 purposes
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)
notifying standards and guidelines in relation to articles of food meant
for human consumption ; (b) notifying procedure for the
licensing and registration of industrial units for the manufacture, processing
or sale of safe food, the fees payable therefor, the deposit of any sum
as security for the performance of the conditions of licensing and the circumstances
under which such licensing or security may be cancelled or forfeited;
(c) notifying guidelines for the manufacture, export,
import and sale of food including genetically modified articles of food,
health and functional foods, any other foods; (d) make regulations
requiring or authorising charges to be imposed by enforcement authorities
in respect of things done by them which they are required or authorised
to do by or under this Act; (e) issue codes of recommended
practices in consultation with the concerned organizations as regards the
execution and enforcement of this Act and of regulations and orders made
under it; and any such code shall be laid before Parliament after being
issued; (f) issue guidelines or directions for
participation in Codex Meetings and preparation of response to Codex matters;
etc. (g) regulating the procedure for the transaction
of business at its meetings; (h) constitution of Sub-Committees
for specific subject matters , their powers and duties and the conditions
subject to which such powers and duties are to be exercised or performed;
(i) delegation of powers and duties to its
officers, (j) 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.
frame such guidelines and regulations
as directed by the Central Government , with a view to carry out the provisions
of this Act;
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106.
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.
107.
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
powers, such rules may provide for all or any of the following matters,
namely :-
(a) the delegation of powers, functions and duties conferred
by this Act on the State Government to the State Commissioner of Food
Safety and such other authorities as the State Government may deem fit;
(b) the infrastructure, appointment, administration,
financing, accounting and auditing of the State Commissioner of Food Safety;
(c) the powers, functions, duties and the code of conduct
of the Commissioner of Food Safety, Food Inspectors and other officers
of the State Commissionerate of Food Safety;
(d) to enforce provisions of this Act and the rules
made thereunder.
(e) the term of office, salary and allowances and other
conditions shall be such as may be prescribed by the State Government
under sub-section(3) of section 72. |
(3).
Every rule made by the State Government under this Act shall, as soon
as possible after it is made, be laid before the respective State Legislatures. |
107A.
Reward by State Government
The
State Government may empower the Commissioner of Food Safety to order
payment of reward not exceeding twenty five thousand rupees 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. |
108.
Repeal and savings
(1).
Immediately with effect from the date on which this Act comes into force,
the enactments specified in Schedule-I- Part A shall stand repealed provided
that such repeal shall not affect :
(i)
the previous operations of the enactments under repeal; or
(ii)
any penalty, forfeiture or punishment incurred in respect of any offences
committed against the enactments under repeal ; or
(iii)
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:
Provided that subject to the preceding provision, anything done or any
action taken under the enactments 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 superceded by anything
done or by any action taken under this Act:
Provided
further that no court shall take cognizance of an offence committed under
enactments so repealed or amended after the of the period of three years
from the date of commission of an offence.
(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 shall apply as if such provisions of the State law
had been repealed.
(3) The
enactments mentioned in Schedule 1-Part B to this Act shall have no effect
so far as food is concerned.
(4)
The Central Government may by order make such modifications of Acts and
Orders enacted or issued by State Governments , and of subordinate legislation,
as appear to them to be necessary or expedient in consequence of the provisions
of this Act.
(5)
Notwithstanding the repeal or modification of the aforesaid enactments,
the licenses issued under any such enactment, 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.
(6)
The standards, safety requirements and other provisions of the Acts ,
rules and orders listed in Schedule -I shall continue to operate and
be in force till new provisions are prescribed under this Act and the
rules and regulations made thereunder. |
109.
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 or give such directions not inconsistent with the
provisions of this Act as may appear to be necessary or expedient for
removing the difficulty :
Provided
that no order shall be made under this section after the expiry of three
years from the commencement of this Act.
(2)
Any order made under this section shall have effect notwithstanding anything
inconsistent therewith in any rules and regulations made under this Act.
(3)
Every order made under this section shall be laid, as soon as may be,
after it is made before each House of Parliament. |
Schedule – I
(See section 108)
(A). Food Acts / orders which stand
repealed on commencement of this Act
1. The Prevention
of Food Adulteration Act, 1954 (37 of 1954).
2. The Fruit Products
Order,1955.
3. The Milk and
Milk Products Order, 1992.
4. The Meat Food
Products Order, 1973 .
5. The Vegetable
Oil Products (Control) Order, 1947.
6. The Edible Oils
Packaging (Regulation) Order,1998.
7. The Solvent Extracted
Oil, De oiled Meal, and Edible Flour (Control) Order, 1967.
8. The Infant Milk
Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply
and Distribution) Act, 1992 (41 of 1992).
9. Any other order
issued under the Essential Commodities Act ,1955 ( 10 of 1955) relating to Food.
(B). Food Laws from which sections relating
to food are required to be deleted / modified on commencement of this Act
1. The Standards
of Weights and Measure Act, 1976 (60 of 1976) (The Packaged Commodity Rules,
1977) .
2. The Export (Quality
Control and Inspection) Act, 1963 (22 of 1963) .
3. The Environment
Protection Act, 1986 and the Environment Protection Rules, 1989 (29 of 1986).
4. The Bureau of
Indian Standards Act, 1986 (63 of 1986) .
5. The Agricultural
Produce (Grading and Marketing) Act, 1937 ( 1 of 1937) .
6. The Customs
Act, 1962 (52 of 1962) .
7. The Foreign
Trade (Development and Regulation) Act, 1992 (22 of 1992).
8. Other Acts
/ Orders enacted or issued by the State Governments and Union territories.
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