1.      Short title, extent and commencement

2.      Declaration as to expediency of control by the union

 3.   Definitions

1. Establishment  of Authority
2. Composition of Authority
3. Constitution of Selection Committee to recommend members of Authority
4. Terms of office, salary, allowances and other conditions of Chairperson/Members
5. Removal of Members
6. Officers of Food Authority & staff 
7. Chief Executive Officer
8. Central Advisory Committee
9. Functions of Central Advisory Committee
10. Scientific Committee and Scientific Panels
11. Functions of Authority
12. Proceedings of Food Authority
13. Vacancies etc. not to invalidate proceedings of Food Authority

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

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.

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.

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;                                                                                                        

(b).

 “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)

"Chairperson" means the Chairperson of the Food Authority;                     

(f)

“ Commissioner of Food Safety” means the Commissioner of  Food Safety in the State or the union territory;                                                                                               

(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.                                                                                                  

(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.

(h)

“ enforcement authority” means an authority prescribed by the Act, rules and regulations for the purpose of enforcement of this Act;                                                        

(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;                                                                    

(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).

"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.

(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;                                                                                                               

(m)

" Food Authority " means the Food Safety and Standards Authority of India established under section 4;                                                                                             

(n)

"food business" means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of production, processing and distribution of food and includes import, export and sale of food and food service providers;

(o)

"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;                                                                         

(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;                                                  

(r).

. "food law" means the laws, Acts , orders , rules, regulations , notifications , orders governing food at any stage of its production, processing and distribution;
                                                                                                                       

(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.                                                                     

(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;

(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.

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

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.

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.

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.

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.

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.

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.

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.

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:-

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.