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Food Safety and Standards Act, 2006 Chapter II

Title: Food Safety and Standards Authority of India

State: Central

Year: 2006

..... Section 8 - Removal of Chairperson and Members of Food Authority (1) Notwithstanding anything contained in sub-section (1) of section 7, the Central Government may, by order, remove from office the Chairperson or any other Member, if the Chairperson or as the case may be, such other Member,-- (a) has been adjudged an insolvent; or (b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a Member; or (d) has acquired such financial or other interests as is likely to affect prejudicially his functions as a Member; or (e) has so abused his position as to render his continuance in office prejudicial to the public interest. (2) No Member shall be removed under clauses (d) and (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter. Section 9 - Officers and other employees of Food Authority (1) There shall be a Chief Executive Officer of the Food Authority, not below the rank of Additional Secretary to the Government of India, who shall be the Member-Secretary of the.....

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Food Safety and Standards Act, 2006 Chapter IV

Title: Special Responsibilities as to Food Safety

State: Central

Year: 2006

.....person shall commence or carry on any food business except under a licence. (2) Nothing contained in sub-section (1) shall apply to a petty manufacturer who himself manufactures or sells any article of food or a petty retailer, hawker, itinerant vendor or a temporary stall holder or small scale or cottage or such other industries relating to food business or tiny food business operator; but they shall register themselves with such authority and in such manner as may be specified by regulations, without prejudice to the availability of safe and wholesome food for human consumption or affecting the interests of the consumers. (3) Any person desirous to commence or carry on any food business shall make an application for grant of a licence to the Designated Officer in such manner containing such particulars and fees as may be specified by regulations. (4) The Designated Officer on receipt of an application under sub-section (3), may either grant the licence or after giving the applicant an opportunity of being heard and for reasons to be recorded in writing, refuse to grant a licence to any applicant, if he is satisfied that it is necessary so to do in the interest of public.....

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Food Safety and Standards Act, 2006 Chapter IV

Title: General Provisions as to Articles of Food

State: Central

Year: 2006

.....foods, functional foods, proprietary foods, etc. Save as otherwise provided under this Act and regulations made thereunder, no person shall manufacture, distribute, sell or import any novel food, genetically modified articles of food, irradiated food, organic foods, foods for special dietary uses, functional foods, neutraceuticals, health supplements, proprietary foods and such other articles of food which the Central Government may notify in this behalf. Explanation.--For the purposes of this section,-- (1) "foods for special dietary uses or functional foods or nutraceuticals or health supplements" means: (a) foods which are specially processed or formulated to satisfy particular dietary requirements which exist because of a particular physical or physiological condition or specific diseases and disorders and which are presented as such, wherein the composition of these foodstuffs must differ significantly from the composition of ordinary foods of comparable nature, if such ordinary foods exist, and may contain one or more of the following ingredients, namely:-- (i) plants or botanicals or their parts in the form of powder, concentrate or extract in water, ethyl.....

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Food Safety and Standards Act, 2006 Complete Act

Title: Food Safety and Standards Act, 2006

State: Central

Year: 2006

.....of Food Authority Section17 - Proceedings of Food Authority Chapter III Section18 - General principles to be followed in administration of Act Chapter IV Section19 - Use of food additive or processing aid Section20 - Contaminants, naturally occurring toxic substances, heavy metals, etc. Section21 - Pesticides, veterinary drugs residues, antibiotic residues and microbiological counts Section22 - Genetically modified foods, organic foods, functional foods, proprietary foods, etc. Section23 - Packaging and labelling of foods Section24 - Restrictions of advertisement and prohibition as to unfair trade practices Chapter v Section25 - All imports of articles of food to be subject to this Act Chapter IV Section26 - Responsibilities of the food business operator Section27 - Liability of manufacturers, packers, wholesalers, distributors and sellers Section28 - Food recall procedures Section29 - Authorities responsible for enforcement of Act Section30 - Commissioner of Food Safety of the State Section31 - Licensing and registration of food business Section32 - Improvement notices Section33 - Prohibition orders Section34 - Emergency prohibition notices and orders .....

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Food Safety and Standards Act, 2006 Section 16

Title: Duties and Functions of Food Authority

State: Central

Year: 2006

.....prejudice to the provisions of sub-section (1), the Food Authority may by regulations specify-- (a) the standards and guidelines in relation to articles of food and specifying an appropriate system for enforcing various standards notified under this Act; (b) the limits for use of food additives, crop contaminants, pesticide residues, residues of veterinary drugs, heavy metals, processing aids, myco-toxins, antibiotics and pharmacological active substances and irradiation of food; (c) the mechanisms and guidelines for accreditation of certification bodies engaged in certification of food safety management systems for food businesses; (d) the procedure and the enforcement of quality control in relation to any article of food imported into India; (e) the procedure and guidelines for accreditation of laboratories and notification of the accredited laboratories; (f) the method of sampling, analysis and exchange of information among enforcement authorities; (g) conduct survey of enforcement and administration of this Act in the country; (h) food labelling standards including claims on health, nutrition, special dietary uses and food category systems for foods; and .....

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Food Safety and Standards Act, 2006 Section 38

Title: Powers of Food Safety Officer

State: Central

Year: 2006

.....business operator shall execute the bond accordingly. (2) The Food Safety Officer may enter and inspect any place where the article of food is manufactured, or stored for sale, or stored for the manufacture of any other article of food, or exposed or exhibited for sale and where any adulterant is manufactured or kept, and take samples of such articles of food or adulterant for analysis. (3) Where any sample is taken, its cost calculated at the rate at which the article is usually sold to the public shall be paid to the person from whom it is taken. (4) Where any article of food seized under clause (b) of sub-section (1) is of a perishable nature and the Food Safety Officer is satisfied that such article of food is so deteriorated that it is unfit for human consumption, the Food Safety Officer may, after giving notice in writing to the food business operator, cause the same to be destroyed. (5) The Food Safety Officer shall, in exercising the powers of entry upon, and inspection of any place under this section, follow, as far as may be, the provisions of the Code of Criminal Procedure, 1973(2 of 1974) relating to the search or inspection of a place by a police officer.....

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Food Safety and Standards Act, 2006 Section 22

Title: Genetically Modified Foods, Organic Foods, Functional Foods, Proprietary Foods, Etc.

State: Central

Year: 2006

Save as otherwise provided under this Act and regulations made thereunder, no person shall manufacture, distribute, sell or import any novel food, genetically modified articles of food, irradiated food, organic foods, foods for special dietary uses, functional foods, neutraceuticals, health supplements, proprietary foods and such other articles of food which the Central Government may notify in this behalf. Explanation.--For the purposes of this section,-- (1) "foods for special dietary uses or functional foods or nutraceuticals or health supplements" means: (a) foods which are specially processed or formulated to satisfy particular dietary requirements which exist because of a particular physical or physiological condition or specific diseases and disorders and which are presented as such, wherein the composition of these foodstuffs must differ significantly from the composition of ordinary foods of comparable nature, if such ordinary foods exist, and may contain one or more of the following ingredients, namely:-- (i) plants or botanicals or their parts in the form of powder, concentrate or extract in water, ethyl alcohol or hydro alcoholic extract, single or in.....

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Food Safety and Standards Act, 2006 Chapter X

Title: Adjudication and Food Safety Appellate Tribunal

State: Central

Year: 2006

.....sold the food in a different condition to that in which the person purchased it, but that the difference did not result in any contravention of this Act or the rules and regulations made thereunder; and (e) that the person did not know and had no reason to suspect at the time of commission of the alleged offence that the person's act or omission would constitute an offence under the relevant section. (3) In sub-clause (a) of clause (2), another person does not include a person who was-- (a) an employee or agent of the defendant; or (b) in the case of a defendant which is a company, a director, employee or agent of that company. (4) Without limiting the ways in which a person may satisfy the requirements of clause (1) and item (i) of sub-clause (b) of clause (2), a person may satisfy those requirements by proving that-- (a) in the case of an offence relating to a food business for which a food safety programme is required to be prepared in accordance with the regulations, the person complied with a food safety programme for the food business that complies with the requirements of the regulations, or (b) in any other case, the person complied with a scheme (for.....

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Food Corporations Act, 1964 Chapter IV

Title: State Food Corporations

State: Central

Year: 1964

.....to such conditions of service and shall be entitled to such remuneration as may be determined by regulations made by the Corporation under this Act. Section 24 - Executive Committee and other committees (1) The board of directors of a State Food corporation may constitute an Executive Committee which shall consist of-- (a) the Chairman of the board of directors; (b) the General Manager; and (c) three other members of the board of directors, of whom one shall be a non-official. (2) the Chairman of the Board of Directors shall be the Chairman of the Executive Committee. (3) Subject to the general control, direction and superintendence of the board of directors, the Executive Committee shall be competent to deal with any matter within the competence of the State Food Corporation. (4) The board of directors may constitute such other committees, whether consisting wholly of members of the board or wholly of other persons or partly of such members and partly of other persons as it thinks fit for, such purposes as it may decide. (5) A committee constituted under this section, shall meet at such times and places and shall observe such rules of procedure in regard.....

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Prevention of Food Adulteration Act,1954 Section 10

Title: Powers of Food Inspectors

State: Central

Year: 1954

.....the previous approval of the authority to which he isofficially subordinate.] (7) Wherethe food inspector takes any action under clause (a) of sub-section(1), sub-section(2), sub-section(4),or sub-section (6), he shall 10 [call one or more personsto be present at the time when such action is taken and take his ortheir signatures. 11 [(7A) Whereany books of account or other documents are seizedunder sub-section (6), the food inspector shall,within a period not exceeding thirty days from the date of seizure, return thesame to the person from whom they were seized after copies thereof or extractsthere from as certified by that person in such manner as may be prescribed havebeen taken: Providedthat where such person refuses to so certify, and a prosecution has beeninstituted against him under this Act, such books of account or otherdocuments shall be returned to him only after copies thereofor extracts there from as certified by the court have been taken. (7B) Whenany adulterant is seized under sub-section (6), theburden of proving that such adulterant is not meant for purposes ofadulteration shall be on the person from whose possession suchadulterant was seized.] (8) Any.....

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