advertisement

Bare Acts

The Food Safety and Standards Act, 2006

An Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto.

English PDF Hindi PDF

Act Details

Act Number:

34

Act Year:

2006

Location:

Chhattisgarh

Enactment Date:

8/23/2006

Enforcement Date:

28-05-2008

Department:

Department of DEPARTMENT OF HEALTH AND FAMILY WELFARE

Full List of Food Safety Act Sections

PRELIMINARY

Section 1 to Section 3

Section 1

Short title, extent and commencement.

Section 2

Declaration as to expediency of control by the Union.

Section 3

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

Section 4 to Section 17

Section 4

Establishment of Food Safety and Standards Authority of India.

Section 5

Composition of Food Authority and qualifications for appointment of its Chairperson and other Members.

Section 6

Selection Committee for selection of Chairperson and Members of Food Authority.

Section 7

Term of office, salary, allowances and other conditions of service of Chairperson and Members of Food Authority.

Section 8

Removal of Chairperson and Members of Food Authority.

Section 9

Officers and other employees of Food Authority.

Section 10

Functions of the Chief Executive Officer.

Section 11

Central Advisory Committee.

Section 12

Functions of Central Advisory Committee.

Section 13

Scientific Panels.

Section 14

Scientific Committee.

Section 15

Procedure for Scientific Committee and Scientific Panel.

Section 16

Duties and functions of Food Authority.

Section 17

Proceedings of Food Authority.

GENERAL PRINCIPLES OF FOOD SAFETY

Section 18

Section 18

General principles to be followed in administration of Act.

GENERAL PROVISIONS AS TO ARTICLES OF FOOD

Section 19 to Section 24

Section 19

Use of food additive or processing aid.

Section 20

Contaminants, naturally occurring toxic substances, heavy metals, etc.

Section 21

Pesticides, veterinary drugs residues, antibiotic residues and microbiological counts.

Section 22

Genetically modified foods, organic foods, functional foods, proprietary foods, etc.

Section 23

Packaging and labelling of foods.

Section 24

Restrictions of advertisement and prohibition as to unfair trade practices.

PROVISIONS RELATING TO IMPORT

Section 25

Section 25

All imports of articles of food to be subject to this Act.

SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY

Section 26 to Section 28

Section 26

Responsibilities of the food business operator.

Section 27

Liability of the manufacturers, packers, wholesalers, distributors and sellers.

Section 28

Food recall procedures.

ENFORCEMENT OF THE ACT

Section 29 to Section 42

Section 29

Authorities responsible for enforcement of Act.

Section 30

Commissioner of Food Safety of the State.

Section 31

Licensing and registration of food business.

Section 32

Improvement notices.

Section 33

Prohibition orders.

Section 34

Emergency prohibition notices and orders.

Section 35

Notification of food poisoning.

Section 36

Designated Officer.

Section 37

Food Safety Officer.

Section 38

Powers of Food Safety Officer.

Section 39

Liability of Food Safety Officer in certain cases.

Section 40

Purchaser may have food analysed.

Section 41

Power of search, seizure, investigation, prosecution and procedure thereof.

Section 42

Procedure for launching prosecution.

ANALYSIS OF FOOD

Section 43 to Section 47

Section 43

Recognition and accreditation of laboratories, research institutions and referral food laboratory.

Section 44

Recognition of organisation or agency for food safety audit.

Section 45

Section 46

Functions of Food Analyst.

Section 47

Sampling and analysis.

OFFENCES AND PENALTIES

Section 48 to Section 67

Section 48

General provisions relating to offences.

Section 49

General provisions relating to penalty.

Section 50

Penalty for selling food not of the nature or substance or quality demanded.

Section 51

Penalty for sub-standard food.

Section 52

Penalty for misbranded food.

Section 53

Penalty for misleading advertisement.

Section 54

Penalty for food containing extraneous matter.

Section 55

Penalty for failure to comply with the directions of Food Safety Officer.

Section 56

Penalty for unhygienic or unsanitary processing or manufacturing of food.

Section 57

Penalty for possessing adulterant.

Section 58

Penalty for contraventions for which no specific penalty is provided.

Section 59

Punishment for unsafe food.

Section 60

Punishment for interfering with seized items.

Section 61

Punishment for false information.

Section 62

Punishment for obstructing or impersonating a Food Safety Officer.

Section 63

Punishment for carrying out a business without licence.

Section 64

Punishment for subsequent offences.

Section 65

Compensation in case of injury or death of consumer.

Section 66

Offences by companies.

Section 67

Penalty for contravention of provisions of this Act in case of import of articles of food to be in addition to penalties provided under any other Act.

ADJUDICATION AND FOOD SAFETY APPELLATE TRIBUNAL

Section 68 to Section 80

Section 68

Section 69

Power to compound offences.

Section 70

Establishment of Food Safety Appellate Tribunal.

Section 71

Procedure and powers of the Tribunal.

Section 72

Civil court not to have jurisdiction.

Section 73

Power of court to try cases summarily.

Section 74

Special courts and Public Prosecutor.

Section 75

Power to transfer cases to regular courts.

Section 76

Section 77

Time limit for prosecutions.

Section 78

Power of court to implead manufacturer, etc.

Section 79

Magistrate?s power to impose enhanced punishment.

Section 80

Defences which may or may not be allowed in prosecution under this Act.

FINANCE, ACCOUNTS, AUDIT AND REPORTS

Section 81 to Section 84

Section 81

Budget of Food Authority.

Section 82

Finances of the Food Authority.

Section 83

Accounts and audit of Food Authority.

Section 84

Annual report of Food Authority.

MISCELLANEOUS

Section 85 to Section 100

Section 85

Power of Central Government to issue directions to Food Authority and obtain reports and returns.

Section 86

Power of Central Government to give directions to State Governments.

Section 87

Members, officers of Food Authority and Commissioner of Food Safety to be public servants.

Section 88

Protection of action taken in good faith.

Section 89

Overriding effect of this Act over all other food related laws.

Section 90

Transfer of existing employees of Central Government Agencies governing various foods related Acts or Orders to Food Authority.

Section 91

Power of Central Government to make rules.

Section 92

Power of Food Authority to make regulations.

Section 93

Laying of rules and regulations before Parliament.

Section 94

Power of State Government to make rules.

Section 95

Reward by State Government.

Section 96

Recovery of penalty.

Section 97

Repeal and savings.

Section 98

Transitory provisions for food standards.

Section 99

Milk and Milk Products Order, 1992 shall be deemed to be regulations made under this Act.

Section 100

Amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.