Sample - Sortby Old - State Central - Year 2006 - Bare Acts

Food Safety and Standards Act, 2006 Chapter I

Title: Preliminary

State: Central

Year: 2006

.....in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of this Act, rules and regulations made thereunder; (p) "food laboratory" means any food laboratory or institute established by the Central or a State Government or any other agency and accredited by National Accreditation Board for Testing and Calibration Laboratories or an equivalent accreditation agency and recognised by the Food Authority under section 43; (q) "food safety" means assurance that food is acceptable for human consumption according to its intended use; (r) "food safety audit" means a systematic and functionally independent examination of food safety measures adopted by manufacturing units to determine whether such measures and related results meet with objectives of food safety and the claims made in that behalf; (s) "Food Safety Management System" means the adoption of Good Manufacturing Practices, Good Hygienic Practices, Hazard Analysis and Critical Control Point and such other practices as may be specified by regulation, for the food business; (t) "Food Safety Officer" means an officer appointed under section.....

View Complete Act List Judgments citing this section

Food Safety and Standards Act, 2006 Section 3

Title: Definitions

State: Central

Year: 2006

.....in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of this Act, rules and regulations made thereunder; (p) "food laboratory" means any food laboratory or institute established by the Central or a State Government or any other agency and accredited by National Accreditation Board for Testing and Calibration Laboratories or an equivalent accreditation agency and recognised by the Food Authority under section 43; (q) "food safety" means assurance that food is acceptable for human consumption according to its intended use; (r) "food safety audit" means a systematic and functionally independent examination of food safety measures adopted by manufacturing units to determine whether such measures and related results meet with objectives of food safety and the claims made in that behalf; (s) "Food Safety Management System" means the adoption of Good Manufacturing Practices, Good Hygienic Practices, Hazard Analysis and Critical Control Point and such other practices as may be specified by regulation, for the food business; (t) "Food Safety Officer" means an officer appointed under section.....

View Complete Act List Judgments citing this section

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.....

View Complete Act List Judgments citing this section

Food Safety and Standards Act, 2006 Section 13

Title: Scientific Panels

State: Central

Year: 2006

(1) The Food Authority shall establish scientific panels, which shall consist of independent scientific experts. (2) The Scientific Panel shall invite the relevant industry and consumer representatives in its deliberations. (3) Without prejudice to the provisions of sub-section (1), the Food Authority may establish as many Scientific Panels as it considers necessary in addition to the Panels on: (a) food additives, flavourings, processing aids and materials in contact with food; (b) pesticides and antibiotics residues; (c) genetically modified organisms and foods; (d) functional foods, nutraceuticals, dietetic products and other similar products; (e) biological hazards; (f) contaminants in the food chain; (g) labelling; and (h) method of sampling and analysis. (4) The Food Authority may from time to time re-constitute the Scientific Panels by adding new members or by omitting the existing members or by changing the name of the panel as the case may be.

View Complete Act List Judgments citing this section

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 .....

View Complete Act List Judgments citing this section

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.....

View Complete Act List Judgments citing this section

Food Safety and Standards Act, 2006 Section 36

Title: Designated Officer

State: Central

Year: 2006

.....Officer shall be as follows, namely:-- (a) to issue or cancel licence of food business operators; (b) to prohibit the sale of any article of food which is in contravention of the provisions of this Act and rules and regulations made thereunder; (c) to receive report and samples of article of foods from Food Safety Officer under his jurisdiction and get them analysed; (d) to make recommendations to the Commissioner of Food Safety for sanction to launch prosecutions in case of contraventions punishable with imprisonment; (e) to sanction or launch prosecutions in cases of contraventions punishable with fine; (f) to maintain record of all inspections made by Food Safety Officers and action taken by them in the performance of their duties; (g) to get investigated any complaint which may be made in writing in respect of any contravention of the provisions of this Act and the rules and regulations made thereunder; (h) to investigate any complaint which may be made in writing against the Food Safety Officer; and (i) to perform such other duties as may be entrusted by the Commissioner of Food Safety.

View Complete Act List Judgments citing this section

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.....

View Complete Act List Judgments citing this section

Food Safety and Standards Act, 2006 Section 40

Title: Purchaser May Have Food Analysed

State: Central

Year: 2006

(1) Nothing contained in this Act shall be held to prevent a purchaser of any article of food other than a Food Safety Officer from having such article analysed by the Food Analyst on payment of such fees and receiving from the Food Analyst a report of his analysis within such period as may be specified by regulations: Provided that such purchaser shall inform the food business operator at the time of purchase of his intention to have such article so analysed: Provided further that if the report of the Food Analyst shows that the article of food is not in compliance with the Act or the rules or regulations made thereunder, the purchaser shall be entitled to get refund of the fees paid by him under this section. (2) In case the Food Analyst finds the sample in contravention of the provisions of this Act and rules and regulations made thereunder, the Food Analysts shall forward the report to the Designated Officer to follow the procedure laid down in section 42 for prosecution.

View Complete Act List Judgments citing this section

Food Safety and Standards Act, 2006 Section 42

Title: Procedure for Launching Prosecution

State: Central

Year: 2006

.....in case of offences punishable with imprisonment for a term up to three years; or (b) a Special Court in case of offences punishable with imprisonment for a term exceeding three years where such Special Court is established and in case no Special Court is established, such cases shall be tried by a court of ordinary jurisdiction. (5) The Commissioner of Food Safety shall communicate his decision to the Designated Officer and the concerned Food Safety Officer who shall launch prosecution before courts of ordinary jurisdiction or Special Court, as the case may be; and such communication shall also be sent to the purchaser if the sample was taken under section 40.

View Complete Act List Judgments citing this section

Bare Act Search Results