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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
.....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.....
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
..... 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.....
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 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 .....
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
.....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.....
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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