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Start Free TrialFood Safety and Standards Act, 2006 Chapter IV
Title: Special Responsibilities as to Food Safety
State: Central
Year: 2006
.....distribution and sale within the businesses under his control. (2) No food business operator shall himself or by any person on his behalf manufacture, store, sell or distribute any article of food-- (i) which is unsafe; or (ii) which is misbranded or sub-standard or contains extraneous matter; or (iii) for which a licence is required, except in accordance with the conditions of the licence; or (iv) which is for the time being prohibited by the Food Authority or the Central Government or the State Government in the interest of public health; or (v) in contravention of any other provision of this Act or of any rule or regulation made thereunder. (3) No food business operator shall employ any person who is suffering from infectious, contagious or loathsome disease. (4) No food business operator shall sell or offer for sale any article of food to any vendor unless he also gives a guarantee in writing in the form specified by regulations about the nature and quality of such article to the vendor: Provided that a bill, cash memo, 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.....
View Complete Act List Judgments citing this sectionFood 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.....
View Complete Act List Judgments citing this sectionFood Safety and Standards Act, 2006 Chapter II
Title: Food Safety and Standards Authority of India
State: Central
Year: 2006
.....matters. Section 16 - Duties and functions of Food Authority (1) It shall be the duty of the Food Authority to regulate and monitor the manufacture, processing, distribution, sale and import of food so as to ensure safe and wholesome food. (2) Without 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.....
View Complete Act List Judgments citing this sectionFood Safety and Standards Act, 2006 Complete Act
Title: Food Safety and Standards Act, 2006
State: Central
Year: 2006
.....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 Section35 - Notification of food poisoning Section36 - Designated Officer Section37 - Food Safety Officer Section38 - Powers of Food Safety Officer Section39 - Liability of Food Safety Officer in certain cases Section40 - Purchaser may have food analysed Section41 - Power of search, seizure, investigation, prosecution and procedure thereof Section42 - Procedure for launching prosecution Section43 - Recognition and accreditation of laboratories, research institutions and referral food laboratory Section44 - Recognition of organisation or agency for food safety audit Section45 - Food Analysts Section46 - Functions of Food Analyst Section47 -.....
List Judgments citing this sectionFood Safety and Standards Act, 2006 Section 30
Title: Commissioner of Food Safety of the State
State: Central
Year: 2006
.....Commissioner of Food Safety shall perform all or any of the following functions, namely:-- (a) prohibit 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; (b) carry out survey of the industrial units engaged in the manufacture or processing of food in the State to find out compliance by such units of the standards notified by the Food Authority for various articles of food; (c) conduct or organise 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; (d) ensure an efficient and uniform implementation of the standards and other requirements as specified and also ensure a high standard of objectivity, accountability, practicability, transparency and credibility; (e) sanction prosecution for offences punishable with imprisonment under this Act; (f) such other functions as the State Government may, in.....
View Complete Act List Judgments citing this sectionFood Safety and Standards Act, 2006 Chapter X
Title: Adjudication and Food Safety Appellate Tribunal
State: Central
Year: 2006
.....69 - Power to compound offences (1) The Commissioner of Food Safety may, by order, empower the Designated Officer, to accept from petty manufacturers who himself manufacture and sell any article of food, retailers, hawkers, itinerant vendors, temporary stall holders against whom a reasonable belief exists that he has committed an offence or contravention against this Act, payment of a sum of money by way of composition of the offence which such person is suspected to have committed. (2) On the payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person. (3) The sum of money accepted or agreed to be accepted as composition under subsection (1), shall not be more than one lakh rupees and due regard shall be made to the guidelines specified in section 49: Provided that no offence, for which punishment of imprisonment has been prescribed under this Act, shall be compounded. Section 70 - Establishment of Food Safety Appellate Tribunal (1) The Central Government or as the case may be, the State Government may, by notification, establish.....
View Complete Act List Judgments citing this sectionFood Safety and Standards Act, 2006 Amending Act 1
Title: The Food Safety and Standards (Amendment) Act, 2008
State: Central
Year: 2006
.....of February, 2008. 2. Amendment of section 3 In the Food Safety and Standards Act, 2006(34 of 2006) (hereinafter referred to as the principal Act), in section 3, in sub-section (1), for clause (ze), the following clause shall be substituted, namely:-- '(ze) "Member" includes a part-time Member and the Chairperson of the Food Authority;'. 3. Amendment of section 5 In section 5 of the principal Act, for sub-sections (4) and (5), the following sub-sections shall be substituted, namely:-- "(4) The Chairperson and the Members including part-time Members other than the ex officio Members of the Food Authority may be appointed by the Central Government on the recommendations of the Selection Committee. (5) The Chairperson of the Food Authority shall not ho)d any other office.". 4. Amendment of section 7 In section 7 of the principal Act, in sub-section (7), for the proviso, the following proviso shall be substituted, namely: "Provided that the Chairperson shall not hold office as such after he has attained the age of sixty-five years.". 5. Repeal and saving (1) The Food Safety and Standards (Amendment) Ordinance, 2008(Ord. 6 of 2008) is hereby repeated. (2).....
View Complete Act List Judgments citing this sectionFood Safety and Standards Act, 2006 Chapter III
Title: General Principles of Food Safety
State: Central
Year: 2006
.....safety standards and practices; (b) carry out risk management which shall include taking into account the results of risk assessment, and other factors which in the opinion of the Food Authority are relevant to the matter under consideration and where the conditions are relevant, in order to achieve the general objectives of regulations; (c) where in any specific circumstances, 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 appropriate level of health protection may be adopted, pending further scientific information for a more comprehensive risk assessment; (d) the measures adopted on the basis of clause (c) shall be proportionate and no more restrictive of trade than is required to achieve appropriate level of health protection, regard being had to technical and economic feasibility and other factors regarded as reasonable and proper in the matter under consideration; (e) the measures adopted shall be reviewed within a reasonable period of time, depending on the nature of the risk to life or health being.....
View Complete Act List Judgments citing this sectionSuppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 Preamble 1
Title: Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002
State: Central
Year: 2002
An Act to give effect to the International Maritime Organisation Convention for Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Prool for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf and for matters connected therewith. whereas a Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation and the Prool for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf were signed at Rome on the 10th day of March, 1988; and whereas India, having acceded to the said Convention and the Prool, should make provisions for giving effect thereto and for matters connected therewith; be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows
View Complete Act List Judgments citing this sectionFood Safety and Standards Act, 2006 Section 37
Title: Food Safety Officer
State: Central
Year: 2006
(1) The Commissioner of Food Safety shall, by notification, appoint such persons as he thinks fit, having the qualifications prescribed by the Central Government, as Food Safety Officers for such local areas as he may assign to them for the purpose of performing functions under this Act and the rules and regulations made thereunder. (2) The State Government may authorise any officer of the State Government having the qualifications prescribed under sub-section (1) to perform the functions of a Food Safety Officer within a specified jurisdiction.
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