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Start Free TrialFood Safety and Standards Act, 2006 Section 47
Title: Sampling and Analysis
State: Central
Year: 2006
.....before the Designated Officer as soon as possible and in any case not later than seven days after the receipt of the report of the Food Analyst: Provided that if an application is made to the Designated Officer in this behalf by the person from whom any article of food has been seized, the Designated Officer shall by order in writing direct the Food Safety Officer to produce such article before him within such time as may be specified in the order. (5) In case of imported articles of food, the authorised officer of the Food Authority shall take its sample and send to the Food Analyst of notified laboratory for analysis who shall send the report within a period of five days to the authorised officer. (6) The Designated Officer, the Food Safety Officer, the authorised officer and the Food Analyst shall follow such procedure as may be specified by regulations.
View Complete Act List Judgments citing this sectionFood Safety and Standards Act, 2006 Section 46
Title: Functions of Food Analyst
State: Central
Year: 2006
.....food as may be sent to him by Food Safety Officer or by any other person authorised under this Act. (3) The Food Analyst shall, within a period of fourteen days from the date of receipt of any sample for analysis, send-- (i) where such sample is received under section 38 or section 47, to the Designated Officer, four copies of the report indicating the method of sampling and analysis; and (ii) where such sample is received under section 40, a copy of the report indicating the method of sampling and analysis to the person who had purchased such article of food with a copy to the Designated Officer: Provided that in case the sample can not be analysed within fourteen days of its receipt, the Food Analyst shall inform the Designated Officer and the Commissioner of Food Safety giving reasons and specifying the time to be taken for analysis. (4) An appeal against the report of Food Analyst shall lie before the Designated Officer who shall, if he so decides, refer the matter to the referral food laboratory as notified by the Food Authority for opinion.
View Complete Act List Judgments citing this sectionFood 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 Complete Act
State: Central
Year: 2006
.....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 s.37; (u) "hazard" means a biological, chemical or physical agent in, or condition of, food with the potential to cause an adverse health effect; (v) "import" means bringing into India any article of food by land, sea or air; (w) "improvement notice" means a notice issued under s.32 of this Act; (x) "infant food" and "infant milk substitute" shall have the meanings assigned to them in clauses (f) and (g) of sub-section (1) of s.2 of the Infant Milk Substitutes, Feeding Bottles and Infant foods (Regulation of Production, Supply and Distribution) act, 1992 (41 of 1992), respectively; (y) "ingredient" means any substance, including a food additive used in the manufacture or preparation of food and present in the final product, possibly in a modified form; (z) "label" means any tag, brand, mark, pictorial or.....
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 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 sectionFood Safety and Standards Act, 2006 Section 43
Title: Recognition and Accreditation of Laboratories, Research Institutions and Referral Food Laboratory
State: Central
Year: 2006
(1) The Food Authority may notify food laboratories and research institutions accredited by National Accreditation Board for Testing and Calibration Laboratories or any other accreditation agency for the purposes of carrying out analysis of samples by the Food Analysts under this Act. (2) The Food Authority shall, establish or recognise by notification, one or more referral food laboratory or laboratories to carry out the functions entrusted to the referral food laboratory by this Act or any rules and regulations made thereunder. (3) The Food Authority may frame regulations specifying-- (a) the functions of food laboratory and referral food laboratory and the local area or areas within which such functions may be carried out; (b) the procedure for submission to the said laboratory of samples of articles of food for analysis or tests, the forms of the laboratory's reports thereon and the fees payable in respect of such reports; and (c) such other matters as may be necessary or expedient to enable the said laboratory to carry out its functions effectively.
View Complete Act List Judgments citing this sectionFood 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 sectionFood 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 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.....
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