The Food Safety and Standards Act, 2006: (34 of 2006) (Bare Act)/
The Food Safety and Standards Act, 2006: (34 of 2006) (Bare Act)/
Universal Law Publishing
- New Delhi: Universal Law Publishing, 2010.
- x, 118 p.
THE FOOD SAFETY AND STANDARDS ACT, 2006
CHAPTER I
PRELIMINARY
Sections
1. Short title, extent and commencement
2. Declaration as to expediency of control by the Union .
3. Definitions
CHAPTER II
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA Establishment of Food Safety and Standards Authority of India Composition of Food Authority and qualifications for appointment of its Chairperson and other Members Selection Committee for selection of Chairperson and Members of Food Authority 7. Term of office, salary, allowances and other conditions of service of Chairperson and Members of Food Authority 8. Removal of Chairperson and Members of Food Authority 9. Officers and other employees of Food Authority
10. Functions of the Chief Executive Officer 11. Central Advisory Committee 12. Functions of Central Advisory Committee
Scientific Panels
Scientific Committee
Procedure for Scientific Committee and Scientific Panel Duties and functions of Food Authority Proceedings of Food Authority
CHAPTER III
GENERAL PRINCIPLES OF FOOD SAFETY General principles to be followed in administration of Act
CHAPTER IV
GENERAL PROVISIONS AS TO ARTICLES OF FOOD
19. Use of food additive or processing aid 20. Contaminants, naturally occurring toxic substances, heavy metals, etc. 21. Pesticides, Veterinary drugs residues, antibiotic residues and micro-biological counts
22. Genetically modified foods, organic foods, functional foods, proprietary foods, etc. 23. Packaging and labelling of foods 24. Restrictiofis of advertisement and prohibition as to unfair trade practices
CHAPTER V
PROVISIONS RELATING TO IMPORT
25. All imports of articles of food to be subject to this Act
CHAPTER VI
SPECIAL RESPONSIBILITIES AS
TO FOOD SAFETY
26. Responsibilities of the food business operator 27. Liability of Manufacturers, packers, wholesalers, j distributors and sellers
28. Food recall procedures
CHAPTER VII
ENFORCEMENT OF THE ACT
29. Authorities responsible for enforcement of Act
30. Commissioner of Food Safety of the State 31. Licensing and registration of food business 32. Improvement notices
33. Prohibition orders 34.. Emergency prohibition notices and orders
35. Notification of food poisoning 36. Designated Officer 37. Food Safety Officer 38. Powers of Food Safety Officer 39. Liability of Food Safety Officer in certain cases 40. Purchaser may have food analysed 41. Power of search, seizure, investigation, prosecution and procedure thereof 42. Procedure for launching prosecution
CHAPTER VIII
ANALYSIS OF FOOD
43. Recognition and accreditation of laboratories, research institutions and referral food laboratory 44. Recognition of organization or agency for food safety audit
45. Food Analysts
46. Functions of Food Analyst 47. Sampling and analysis
CHAPTER IX
OFFENCES AND PENALTIES
48. General provisions relating to offences 49. General provisions relating to penalty 50. Penalty for selling food not of the nature or substance or quality demanded 51. Penalty for sub-standard, food 52. Penalty for misbranded food 53. Penalty for misleading advertisement 54. Penalty for food containing extraneous matter 55. Penalty for failure to comply with the directions of Food Safety Officer
56. Penalty for unhygienic or unsanitary processing or manufacturing of food 57. Penalty for possessing adulterant 58. Penalty for contraventions for which no specific penalty is provided
59. Punishment for unsafe food
60. Punishment for interfering with seized items
61. Punishment for false information
62. Punishment for obstructing or impersonating a Food Safety Officer
63. Punishment for carrying out a business without licence 64. Punishment for subsequent offences 65. Compensation in case of injury or death of consumer 66. Offences by companies 67. Penalty for contravention of provisions of this Act in case of import of articles of food to be in addition to penalties provided under any other Act
CHAPTER X
ADJUDICATION AND FOOD SAFETY
APPELLATE TRIBUNAL
68. Adjudication
69. Power to compound offences 70. Establishment of Food Safety Appellate Tribunal 71. Procedure and powers of Tribunal 72. Civil court not to have jurisdiction
73. Power of court to try ca^s summarily 74. Special courts and Public Prosecutor 75. Power to transfer cases to regular courts 76. Appeal
77. Time limit for prosecutions 78. Power of court to implead manufacturer, etc.
Magistrate's power to impose enhanced punishment Defences which may or may not be allowed in prosecution under this Act
CHAPTER XI
FINANCE, ACCOUNTS, AUDIT AND REPORTS
Budget of Food Authority
Finances of the Food Authority
Accounts and audit of Food Authority Armual report of Food Authority
CHAPTER XII
MISCELLANEOUS
Power of Central Government to issue directions to Food Authority and obtain reports and returns i. Power of Central Government to give directions to
State Governments Members, officers of Food Authority and Commissioner of Food Safety to be public servants Protection of action taken in good faith Overriding effect of this Act over all other food
related laws Transfer of existing employees of Central Government Agencies governing various food related Acts or Orders to Food Authority Power of Central Government to make rules Power of Food Authority to make regulations Laying of rules and regulations before Parliament Power of State Government to make rules Reward by State Government Recovery of penalty Repeal and savings Transitory provisions for food standards Milk and Milk Products Order, 1992 shaU be deemed to be regulations made under this Act Amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 Power to remove difficulties rruv vw cr 'iCHEDUlt - [Composition of Food Authority-Members to be THE SCHEDU . represent States and Union Territories—See section 5(l)(e)] the second SCHEDULE.-lEmc„nen,s f Or^s s—^
See section 97]
THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA (SALARIES, ALLOWANCES AND OTHER CONDITIONS
OF SERVICE OF CHAIRPERSON AND MEMBERS) RULES, 2008
Rules
1. Short title and commencement
2. Definitions
3. Salaries and allowances
4. Leave
5. Provident Fund 6. Travelling allowance and daily allowance
7. Domestic official tours
8. Leave Travel Concession
9. Medical treatment
10. Official visits abroad 11. Conveyance facility
12. Accommodation
13. Retirement from Government service 14. Meeting allowance to a member 15. Conveyance allowance to a member 16. Oath of office and secrecy 17. Interpretation 18. Residuary provision
19. Power to relax FORM I .—Form of Oath of Office for the Chairperson and Members of the Food Safety and Standards Authority of India FORM 11.—Form of Oath of Secrecy for the Chairperson and Members of the Food Safety and Standards Authority of India
RELEVANT PROVISIONS OF STATUTES REFERRED IN THE FOOD SAFETY AND STANDARDS ACT, 2006 (34 OF 2006)
The Code of Criminal Procedure, 1973
The Constitution of India The Drugs and Cosmetics Act, 1940 The Drugs and Cosmetics Rules, 1945 The General Clauses Act, 1897
The Indian Penal Code The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 The Narcotic Drugs and Psychotropic Substances Act, 1985
THE PREVENTION OF FOOD ADULTERATION ACT, 1954
Introduction
PRELIMINARY
Sections * 1. Short title, extent and commencement
2. Definitions
2A. Rule of construction
CENTRAL COMMITTEE FOR FOOD STANDARDS AND CENTRAL
FOOD LABORATORY
3. The Central Committee for Food Standards 3A. Appointment of Secretary and other staff 4. Central Food Laboratory
GENERAL PROVISIONS AS TO FOOD 5. Prohibition of import of certain articles of food 6. Application of law relating to sea customs and powers of Customs Officers . . ' " ' 7. Prohibitions of manufacture, sale, etc., of certain articles
of food
ANALYSIS OF FOOD
8. Public Analysts 9. Food Inspectors 10. Powers of food inspectors 11. Procedure to be followed by food mspectors 12. Purchaser may have food analysed 13. Report of public analyst
MISCELLANEOUS 14. Manufacturer, distributors and dealers to give w^ranty 14A. Vendor to disclose the name etc., of the person from whom the article of food was purchased 15. Notification of food poisoning
16. Penalties 16A. Power of court to try cases summarily 17. Offences by companies 18. Forfeiture of property 19. Defences which may or may not be al o prosecutions under this Act 20. Cognizance and trial of offences 20A^ Power of court to implead manufacturer, etc. 20AA Application of the Probation of Offenders ■.ndLlion 360 of the Code of Crlmln.1 Prot^ure, 1973 21 Magistrate's power to impose enhanced penalties 22 Protection of action taken in good faith 22A Power of Central Government to give directio ^ Power of the Central Govemmeol to ^ 24. Power of the State Government to make rule 25 Repeal and Saving
Food Safety and Standards Act--Bare Act
342.54 / UNI/F
THE FOOD SAFETY AND STANDARDS ACT, 2006
CHAPTER I
PRELIMINARY
Sections
1. Short title, extent and commencement
2. Declaration as to expediency of control by the Union .
3. Definitions
CHAPTER II
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA Establishment of Food Safety and Standards Authority of India Composition of Food Authority and qualifications for appointment of its Chairperson and other Members Selection Committee for selection of Chairperson and Members of Food Authority 7. Term of office, salary, allowances and other conditions of service of Chairperson and Members of Food Authority 8. Removal of Chairperson and Members of Food Authority 9. Officers and other employees of Food Authority
10. Functions of the Chief Executive Officer 11. Central Advisory Committee 12. Functions of Central Advisory Committee
Scientific Panels
Scientific Committee
Procedure for Scientific Committee and Scientific Panel Duties and functions of Food Authority Proceedings of Food Authority
CHAPTER III
GENERAL PRINCIPLES OF FOOD SAFETY General principles to be followed in administration of Act
CHAPTER IV
GENERAL PROVISIONS AS TO ARTICLES OF FOOD
19. Use of food additive or processing aid 20. Contaminants, naturally occurring toxic substances, heavy metals, etc. 21. Pesticides, Veterinary drugs residues, antibiotic residues and micro-biological counts
22. Genetically modified foods, organic foods, functional foods, proprietary foods, etc. 23. Packaging and labelling of foods 24. Restrictiofis of advertisement and prohibition as to unfair trade practices
CHAPTER V
PROVISIONS RELATING TO IMPORT
25. All imports of articles of food to be subject to this Act
CHAPTER VI
SPECIAL RESPONSIBILITIES AS
TO FOOD SAFETY
26. Responsibilities of the food business operator 27. Liability of Manufacturers, packers, wholesalers, j distributors and sellers
28. Food recall procedures
CHAPTER VII
ENFORCEMENT OF THE ACT
29. Authorities responsible for enforcement of Act
30. Commissioner of Food Safety of the State 31. Licensing and registration of food business 32. Improvement notices
33. Prohibition orders 34.. Emergency prohibition notices and orders
35. Notification of food poisoning 36. Designated Officer 37. Food Safety Officer 38. Powers of Food Safety Officer 39. Liability of Food Safety Officer in certain cases 40. Purchaser may have food analysed 41. Power of search, seizure, investigation, prosecution and procedure thereof 42. Procedure for launching prosecution
CHAPTER VIII
ANALYSIS OF FOOD
43. Recognition and accreditation of laboratories, research institutions and referral food laboratory 44. Recognition of organization or agency for food safety audit
45. Food Analysts
46. Functions of Food Analyst 47. Sampling and analysis
CHAPTER IX
OFFENCES AND PENALTIES
48. General provisions relating to offences 49. General provisions relating to penalty 50. Penalty for selling food not of the nature or substance or quality demanded 51. Penalty for sub-standard, food 52. Penalty for misbranded food 53. Penalty for misleading advertisement 54. Penalty for food containing extraneous matter 55. Penalty for failure to comply with the directions of Food Safety Officer
56. Penalty for unhygienic or unsanitary processing or manufacturing of food 57. Penalty for possessing adulterant 58. Penalty for contraventions for which no specific penalty is provided
59. Punishment for unsafe food
60. Punishment for interfering with seized items
61. Punishment for false information
62. Punishment for obstructing or impersonating a Food Safety Officer
63. Punishment for carrying out a business without licence 64. Punishment for subsequent offences 65. Compensation in case of injury or death of consumer 66. Offences by companies 67. Penalty for contravention of provisions of this Act in case of import of articles of food to be in addition to penalties provided under any other Act
CHAPTER X
ADJUDICATION AND FOOD SAFETY
APPELLATE TRIBUNAL
68. Adjudication
69. Power to compound offences 70. Establishment of Food Safety Appellate Tribunal 71. Procedure and powers of Tribunal 72. Civil court not to have jurisdiction
73. Power of court to try ca^s summarily 74. Special courts and Public Prosecutor 75. Power to transfer cases to regular courts 76. Appeal
77. Time limit for prosecutions 78. Power of court to implead manufacturer, etc.
Magistrate's power to impose enhanced punishment Defences which may or may not be allowed in prosecution under this Act
CHAPTER XI
FINANCE, ACCOUNTS, AUDIT AND REPORTS
Budget of Food Authority
Finances of the Food Authority
Accounts and audit of Food Authority Armual report of Food Authority
CHAPTER XII
MISCELLANEOUS
Power of Central Government to issue directions to Food Authority and obtain reports and returns i. Power of Central Government to give directions to
State Governments Members, officers of Food Authority and Commissioner of Food Safety to be public servants Protection of action taken in good faith Overriding effect of this Act over all other food
related laws Transfer of existing employees of Central Government Agencies governing various food related Acts or Orders to Food Authority Power of Central Government to make rules Power of Food Authority to make regulations Laying of rules and regulations before Parliament Power of State Government to make rules Reward by State Government Recovery of penalty Repeal and savings Transitory provisions for food standards Milk and Milk Products Order, 1992 shaU be deemed to be regulations made under this Act Amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 Power to remove difficulties rruv vw cr 'iCHEDUlt - [Composition of Food Authority-Members to be THE SCHEDU . represent States and Union Territories—See section 5(l)(e)] the second SCHEDULE.-lEmc„nen,s f Or^s s—^
See section 97]
THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA (SALARIES, ALLOWANCES AND OTHER CONDITIONS
OF SERVICE OF CHAIRPERSON AND MEMBERS) RULES, 2008
Rules
1. Short title and commencement
2. Definitions
3. Salaries and allowances
4. Leave
5. Provident Fund 6. Travelling allowance and daily allowance
7. Domestic official tours
8. Leave Travel Concession
9. Medical treatment
10. Official visits abroad 11. Conveyance facility
12. Accommodation
13. Retirement from Government service 14. Meeting allowance to a member 15. Conveyance allowance to a member 16. Oath of office and secrecy 17. Interpretation 18. Residuary provision
19. Power to relax FORM I .—Form of Oath of Office for the Chairperson and Members of the Food Safety and Standards Authority of India FORM 11.—Form of Oath of Secrecy for the Chairperson and Members of the Food Safety and Standards Authority of India
RELEVANT PROVISIONS OF STATUTES REFERRED IN THE FOOD SAFETY AND STANDARDS ACT, 2006 (34 OF 2006)
The Code of Criminal Procedure, 1973
The Constitution of India The Drugs and Cosmetics Act, 1940 The Drugs and Cosmetics Rules, 1945 The General Clauses Act, 1897
The Indian Penal Code The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 The Narcotic Drugs and Psychotropic Substances Act, 1985
THE PREVENTION OF FOOD ADULTERATION ACT, 1954
Introduction
PRELIMINARY
Sections * 1. Short title, extent and commencement
2. Definitions
2A. Rule of construction
CENTRAL COMMITTEE FOR FOOD STANDARDS AND CENTRAL
FOOD LABORATORY
3. The Central Committee for Food Standards 3A. Appointment of Secretary and other staff 4. Central Food Laboratory
GENERAL PROVISIONS AS TO FOOD 5. Prohibition of import of certain articles of food 6. Application of law relating to sea customs and powers of Customs Officers . . ' " ' 7. Prohibitions of manufacture, sale, etc., of certain articles
of food
ANALYSIS OF FOOD
8. Public Analysts 9. Food Inspectors 10. Powers of food inspectors 11. Procedure to be followed by food mspectors 12. Purchaser may have food analysed 13. Report of public analyst
MISCELLANEOUS 14. Manufacturer, distributors and dealers to give w^ranty 14A. Vendor to disclose the name etc., of the person from whom the article of food was purchased 15. Notification of food poisoning
16. Penalties 16A. Power of court to try cases summarily 17. Offences by companies 18. Forfeiture of property 19. Defences which may or may not be al o prosecutions under this Act 20. Cognizance and trial of offences 20A^ Power of court to implead manufacturer, etc. 20AA Application of the Probation of Offenders ■.ndLlion 360 of the Code of Crlmln.1 Prot^ure, 1973 21 Magistrate's power to impose enhanced penalties 22 Protection of action taken in good faith 22A Power of Central Government to give directio ^ Power of the Central Govemmeol to ^ 24. Power of the State Government to make rule 25 Repeal and Saving
Food Safety and Standards Act--Bare Act
342.54 / UNI/F