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THE FOOD SAFETY AND STANDARDS ACT, 2006<br/>CHAPTER I<br/>PRELIMINARY<br/>Sections<br/>1. Short title, extent and commencement<br/>2. Declaration as to expediency of control by the Union .<br/>3. Definitions <br/>CHAPTER II<br/>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<br/>10. Functions of the Chief Executive Officer 11. Central Advisory Committee 12. Functions of Central Advisory Committee<br/>Scientific Panels<br/>Scientific Committee<br/>Procedure for Scientific Committee and Scientific Panel Duties and functions of Food Authority Proceedings of Food Authority<br/>CHAPTER III<br/>GENERAL PRINCIPLES OF FOOD SAFETY General principles to be followed in administration of Act<br/>CHAPTER IV<br/>GENERAL PROVISIONS AS TO ARTICLES OF FOOD<br/>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<br/><br/>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<br/>CHAPTER V<br/>PROVISIONS RELATING TO IMPORT<br/>25. All imports of articles of food to be subject to this Act<br/>CHAPTER VI<br/>SPECIAL RESPONSIBILITIES AS<br/>TO FOOD SAFETY<br/>26. Responsibilities of the food business operator 27. Liability of Manufacturers, packers, wholesalers, j distributors and sellers<br/>28. Food recall procedures<br/>CHAPTER VII<br/>ENFORCEMENT OF THE ACT<br/>29. Authorities responsible for enforcement of Act<br/>30. Commissioner of Food Safety of the State 31. Licensing and registration of food business 32. Improvement notices<br/>33. Prohibition orders 34.. Emergency prohibition notices and orders<br/>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<br/>CHAPTER VIII<br/>ANALYSIS OF FOOD<br/>43. Recognition and accreditation of laboratories, research institutions and referral food laboratory 44. Recognition of organization or agency for food safety audit<br/>45. Food Analysts<br/>46. Functions of Food Analyst 47. Sampling and analysis<br/><br/>CHAPTER IX<br/>OFFENCES AND PENALTIES<br/>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<br/>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<br/>59. Punishment for unsafe food<br/>60. Punishment for interfering with seized items<br/>61. Punishment for false information<br/>62. Punishment for obstructing or impersonating a Food Safety Officer<br/>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<br/>CHAPTER X<br/>ADJUDICATION AND FOOD SAFETY<br/>APPELLATE TRIBUNAL<br/>68. Adjudication<br/>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<br/>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<br/>77. Time limit for prosecutions 78. Power of court to implead manufacturer, etc.<br/><br/>Magistrate's power to impose enhanced punishment Defences which may or may not be allowed in prosecution under this Act<br/>CHAPTER XI<br/>FINANCE, ACCOUNTS, AUDIT AND REPORTS<br/>Budget of Food Authority<br/>Finances of the Food Authority<br/>Accounts and audit of Food Authority Armual report of Food Authority<br/>CHAPTER XII<br/>MISCELLANEOUS<br/>Power of Central Government to issue directions to Food Authority and obtain reports and returns i. Power of Central Government to give directions to<br/>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<br/>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—^<br/> See section 97]<br/><br/>THE FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA (SALARIES, ALLOWANCES AND OTHER CONDITIONS<br/>OF SERVICE OF CHAIRPERSON AND MEMBERS) RULES, 2008<br/>Rules<br/>1. Short title and commencement<br/>2. Definitions<br/>3. Salaries and allowances<br/>4. Leave<br/>5. Provident Fund 6. Travelling allowance and daily allowance<br/>7. Domestic official tours<br/>8. Leave Travel Concession<br/>9. Medical treatment<br/>10. Official visits abroad 11. Conveyance facility<br/>12. Accommodation<br/>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<br/>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<br/><br/>RELEVANT PROVISIONS OF STATUTES REFERRED IN THE FOOD SAFETY AND STANDARDS ACT, 2006 (34 OF 2006)<br/>The Code of Criminal Procedure, 1973<br/>The Constitution of India The Drugs and Cosmetics Act, 1940 The Drugs and Cosmetics Rules, 1945 The General Clauses Act, 1897<br/>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<br/><br/>THE PREVENTION OF FOOD ADULTERATION ACT, 1954<br/>Introduction<br/>PRELIMINARY<br/>Sections * 1. Short title, extent and commencement<br/>2. Definitions<br/>2A. Rule of construction<br/>CENTRAL COMMITTEE FOR FOOD STANDARDS AND CENTRAL<br/>FOOD LABORATORY<br/>3. The Central Committee for Food Standards 3A. Appointment of Secretary and other staff 4. Central Food Laboratory<br/>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<br/>of food<br/>ANALYSIS OF FOOD<br/>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<br/>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<br/>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 |
