The Food Safety And Standards Act, 2006

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The Food Safety And Standards Act, 2006

Transcript Of The Food Safety And Standards Act, 2006

THE FOOD SAFETY AND STANDARDS ACT, 2006 –––––
ARRANGEMENT OF SECTIONS –––––
CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Declaration as to expediency of control by the Union. 3. Definitions.
CHAPTER II FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA 4. Establishment of Food Safety and Standards Authority of India. 5. Composition of Food Authority and qualifications for appointment of its Chairperson and other Members. 6. Selection Committee for selection of Chairperson and Members of Food Authority. 7. Term of office, salary, allowances and other conditions of service of Chairperson and Members of Food Authority. 8. Removal of Chairperson and Members of Food Authority. 9. Officers and other employees of Food Authority. 10. Functions of the Chief Executive Officer. 11. Central Advisory Committee. 12. Functions of Central Advisory Committee. 13. Scientific Panels. 14. Scientific Committee. 15. Procedure for Scientific Committee and Scientific Panel. 16. Duties and functions of Food Authority. 17. Proceedings of Food Authority.
CHAPTER III GENERAL PRINCIPLES OF FOOD SAFETY 18. General principles to be followed in administration of Act.
CHAPTER IV GENERAL PROVISIONS AS TO ARTICLES OF FOOD 19. Use of food additive or processing aid. 20. Contaminants, naturally occurring toxic substances, heavy metals, etc. 21. Pesticides, veterinary drugs residues, antibiotic residues and microbiological counts. 22. Genetically modified foods, organic foods, functional foods, proprietary foods, etc. 23. Packaging and labelling of foods. 24. Restrictions of advertisement and prohibition as to unfair trade practices.
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CHAPTER V PROVISIONS RELATING TO IMPORT SECTIONS 25. All imports of articles of food to be subject to this Act.
CHAPTER VI SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY 26. Responsibilities of the food business operator. 27. Liability of the manufacturers, packers, wholesalers, distributors and sellers. 28. Food recall procedures.
CHAPTER VII ENFORCEMENT OF THE ACT 29. Authorities responsible for enforcement of Act. 30. Commissioner of Food Safety of the State. 31. Licensing and registration of food business. 32. Improvement notices. 33. Prohibition orders. 34. Emergency prohibition notices and orders. 35. Notification of food poisoning. 36. Designated Officer. 37. Food Safety Officer. 38. Powers of Food Safety Officer. 39. Liability of Food Safety Officer in certain cases. 40. Purchaser may have food analysed. 41. Power of search, seizure, investigation, prosecution and procedure thereof. 42. Procedure for launching prosecution.
CHAPTER VIII ANALYSIS OF FOOD 43. Recognition and accreditation of laboratories, research institutions and referral food laboratory. 44. Recognition of organisation or agency for food safety audit. 45. Food Analysts. 46. Functions of Food Analyst. 47. Sampling and analysis.
CHAPTER IX OFFENCES AND PENALTIES 48. General provisions relating to offences. 49. General provisions relating to penalty. 50. Penalty for selling food not of the nature or substance or quality demanded. 51. Penalty for sub-standard food. 52. Penalty for misbranded food. 53. Penalty for misleading advertisement. 54. Penalty for food containing extraneous matter. 55. Penalty for failure to comply with the directions of Food Safety Officer. 56. Penalty for unhygienic or unsanitary processing or manufacturing of food.
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SECTIONS
57. Penalty for possessing adulterant. 58. Penalty for contraventions for which no specific penalty is provided. 59. Punishment for unsafe food. 60. Punishment for interfering with seized items. 61. Punishment for false information. 62. Punishment for obstructing or impersonating a Food Safety Officer. 63. Punishment for carrying out a business without licence. 64. Punishment for subsequent offences. 65. Compensation in case of injury or death of consumer. 66. Offences by companies. 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.
CHAPTER X
ADJUDICATION AND FOOD SAFETY APPELLATE TRIBUNAL
68. Adjudication. 69. Power to compound offences. 70. Establishment of Food Safety Appellate Tribunal. 71. Procedure and powers of the Tribunal. 72. Civil court not to have jurisdiction. 73. Power of court to try cases summarily. 74. Special courts and Public Prosecutor. 75. Power to transfer cases to regular courts. 76. Appeal. 77. Time limit for prosecutions. 78. Power of court to implead manufacturer, etc. 79. Magistrate’s power to impose enhanced punishment. 80. Defences which may or may not be allowed in prosecution under this Act.
CHAPTER XI
FINANCE, ACCOUNTS, AUDIT AND REPORTS
81. Budget of Food Authority. 82. Finances of the Food Authority. 83. Accounts and audit of Food Authority. 84. Annual report of Food Authority.
CHAPTER XII
MISCELLANEOUS
85. Power of Central Government to issue directions to Food Authority and obtain reports and returns.
86. Power of Central Government to give directions to State Governments. 87. Members, officers of Food Authority and Commissioner of Food Safety to be public servants. 88. Protection of action taken in good faith. 89. Overriding effect of this Act over all other food related laws. 90. Transfer of existing employees of Central Government Agencies governing various foods related
Acts or Orders to Food Authority. 91. Power of Central Government to make rules. 92. Power of Food Authority to make regulations. 93. Laying of rules and regulations before Parliament. 94. Power of State Government to make rules.
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SECTIONS 95. Reward by State Government. 96. Recovery of penalty. 97. Repeal and savings. 98. Transitory provisions for food standards. 99. Milk and Milk Products Order, 1992 shall be deemed to be regulations made under this Act. 100. Amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992. 101. Power to remove difficulties. THE FIRST SCHEDULE. THE SECOND SCHEDULE.
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THE FOOD SAFETY AND STANDARDS ACT, 2006
ACT NO. 34 OF 2006
[23rd August, 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.
BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:–
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.–(1) This Act may be called the Food Safety and Standards Act, 2006.
(2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2. Declaration as to expediency of control by the Union.–It is hereby declared that it is expedient in the public interest that the Union should take under its control the food industry.
3. Definitions.–(1) In this Act, unless the context otherwise requires,–
(a) ―adulterant‖ means any material which is or could be employed for making the food unsafe or sub-standard or mis-branded or containing extraneous matter;
(b) ―advertisement‖ means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website and includes through any notice, circular, label, wrapper, invoice or other documents;
(c) ―Chairperson‖ means the Chairperson of the Food Authority;
(d) ―claim‖ means any representation which states, suggests, or implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, composition or otherwise;
(e) ―Commissioner of Food Safety‖ means the Commissioner of Food Safety appointed under section 30;
(f) ―consumer‖ means persons and families purchasing and receiving food in order to meet their personal needs;
(g) ―contaminant‖ means any substance, whether or not added to food, but which is present in such food as a result of the production (including operations carried out in crop husbandry, animal husbandry or veterinary medicine), manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food or as a result of environmental contamination and does not include insect fragments, rodent hairs and other extraneous matter;
1. 28th May, 2008 (ss. 3 and 30), vide notification No. S.O. 1246(E), dated 28th May, 2008, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 28th August, 2008 (s. 90), vide notification No. S.O. 2127(E), dated 28th August, 2008, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 18th November, 2008 (ss. 16, 17, 18, 81, 82, 83, 84, 85, 86, 92 and 93), vide notification No. S.O. 2678(E), dated 18th November, 2008, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 9th March, 2009 (ss. 11, 12, 13, 14 and 15), vide notification No. S.O. 650(E), dated 9th March, 2009, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
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(h) ―Designated Officer‖ means the officer appointed under section 36;
(i) ―extraneous matter‖ means any matter contained in an article of food which may be carried from the raw materials, packaging materials or process systems used for its manufacture or which is added to it, but such matter does not render such article of food unsafe;
(j) ―Food‖ means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food to the extent defined in clause (zk), genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance, including water used into the food during its manufacture, preparation or treatment but does not include any animal feed, live animals unless they are prepared or processed for placing on the market for human consumption, plants, prior to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic substances:
Provided that the Central Government may declare, by notification in the Official Gazette, any other article as food for the purposes of this Act having regards to its use, nature, substance or quality;
(k) ―food additive‖ means any substance not normally consumed as a food by itself or used as a typical ingredient of the food, whether or not it has nutritive value, the intentional addition of which to food for a technological (including organoleptic) purpose in the manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food results, or may be reasonably expected to result (directly or indirectly), in it or its by-products becoming a component of or otherwise affecting the characteristics of such food but does not include ―contaminants‖ or substances added to food for maintaining or improving nutritional qualities;
(l) ―Food Analyst‖ means an analyst appointed under section 45;
(m) ―Food Authority‖ means the Food Safety and Standards Authority of India established under section 4;
(n) ―food business‖ means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, catering services, sale of food or food ingredients;
(o) ―food business operator‖ 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 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 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 section 32 of this Act;
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(x) ―infant food‖ and ―infant milk substitute‖ shall have the meanings assigned to them in clauses (f) and (g) of sub-section (1) of section 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 other descriptive matter, written, printed, stencilled, marked, embossed, graphic, perforated, stamped or impressed on or attached to container, cover, lid or crown of any food package and includes a product insert;
(za) ―licence‖ means a licence granted under section 31;
(zb) ―local area‖ means any area, whether urban or rural, notified by the Commissioner of Food Safety, to be a local area for the purposes of this Act;
(zc) ―manufacture‖ means a process or adoption or any treatment for conversion of ingredients into an article of food, which includes any sub-process, incidental or ancillary to the manufacture of an article of food;
(zd) ―manufacturer‖ means a person engaged in the business of manufacturing any article of food for sale and includes any person who obtains such article from another person and packs and labels it for sale or only labels it for such purposes;
1[(ze) ―Member‖ includes a part-time Member and the Chairperson of the Food Authority;]
(zf) ―misbranded food‖ means an article of food–
(A) if it is purported, or is represented to be, or is being–
(i) offered or promoted for sale with false, misleading or deceptive claims either;
(a) upon the label of the package, or
(b) through advertisement, or
(ii) sold by a name which belongs to another article of food; or
(iii) offered or promoted for sale under the name of a fictitious individual or company as the manufacturer or producer of the article as borne on the package or containing the article or the label on such package; or
(B) if the article is sold in packages which have been sealed or prepared by or at the instance of the manufacturer or producer bearing his name and address but–
(i) the article is an imitation of, or is a substitute for, or resembles in a manner likely to deceive, another article of food under the name of which it is sold, and is not plainly and conspicuously labelled so as to indicate its true character; or
(ii) the package containing the article or the label on the package bears any statement, design or device regarding the ingredients or the substances contained therein, which is false or misleading in any material particular, or if the package is otherwise deceptive with respect to its contents; or
(iii) the article is offered for sale as the product of any place or country which is false; or
(C) if the article contained in the package–
(i) contains any artificial flavouring, colouring or chemical preservative and the package is without a declaratory label stating that fact or is not labelled in accordance with the requirements of this Act or regulations made thereunder or is in contravention thereof; or
(ii) is offered for sale for special dietary uses, unless its label bears such information as may be specified by regulation, concerning its vitamins, minerals or other dietary properties in order sufficiently to inform its purchaser as to its value for such use; or
1. Subs.by Act 13 of 2008, s. 2, for cl. (ze) (w.e.f. 7-2-2008).
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(iii) is not conspicuously or correctly stated on the outside thereof within the limits of variability laid down under this Act.
(zg) ―notification‖ means a notification published in the Official Gazette;
(zh) ―package‖ means a pre-packed box, bottle, casket, tin, barrel, case, pouch, receptacle, sack, bag, wrapper or such other things in which an article of food is packed;
(zi) ―premises‖ include any shop, stall, hotel, restaurant, airline services and food canteens, place or vehicle or vessel where any article of food is sold or manufactured or stored for sale;
(zj) ―prescribed‖ means prescribed by rules made by the Central Government or the State Government, as the case may be under this Act;
(zk) ―primary food‖ means an article of food, being a produce of agriculture or horticulture or animal husbandry and dairying or aquaculture in its natural form, resulting from the growing, raising, cultivation, picking, harvesting, collection or catching in the hands of a person other than a farmer or fisherman;
(zl) ―prohibition order‖ means an order issued under section 33 of this Act;
(zm) ―risk‖, in relation to any article of food, means the probability of an adverse effect on the health of consumers of such food and the severity of that effect, consequential to a food hazard;
(zn) ―risk analysis‖, in relation to any article of food, means a process consisting of three components, i.e. risk assessment, risk management and risk communication;
(zo) ―risk assessment‖ means a scientifically based process consisting of the following steps: (i) hazard identification, (ii) hazard characterisation; (iii) exposure assessment, and (iv) risk haracterisation;
(zp) ―risk communication‖ means the interactive exchange of information and opinions throughout the risk analysis process concerning risks, risk-related factors and risk perceptions, among risk assessors, risk managers, consumers, industry, the academic community and other interested parties, including the explanation of risk assessment findings and the basis of risk management decisions;
(zq) ―risk management‖ means the process, distinct from risk assessment, of evaluating policy alternatives, in consultation with all interested parties considering risk assessment and other factors relevant for the protection of health of consumers and for the promotion of fair trade practices, and, if needed, selecting appropriate prevention and control options;
(zr) ―sale‖ with its grammatical variations and cognate expressions, means the sale of any article of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for human consumption or use, or for analysis, and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale of any such article, and includes also an attempt to sell any such article;
(zs) ―sample‖ means a sample of any article of food taken under the provisions of this Act or any rules and regulations made thereunder;
(zt) ―specified by regulations‖ means specified by regulations made by the Food Authority;
(zu) ―standard‖, in relation to any article of food, means the standards notified by the Food Authority;
(zv) ―State Government‖ in relation to a Union territory means the Administrator of that Union territory appointed by the President under article 239 of the Constitution;
(zw) ―substance‖ includes any natural or artificial substance or other matter, whether it is in a solid state or in liquid form or in the form of gas or vapour;
(zx) ―sub-standard‖ an article of food shall be deemed to be sub-standard if it does not meet the specified standards but not so as to render the article of food unsafe;
(zy) ―Tribunal‖ means the Food Safety Appellate Tribunal established under section 70;
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(zz) ―unsafe food‖ means an article of food whose nature, substance or quality is so affected as to render it injurious to health:—
(i) by the article itself, or its package thereof, which is composed, whether wholly or in part, of poisonous or deleterious substances; or
(ii) by the article consisting, wholly or in part, of any filthy, putrid, rotten, decomposed or diseased animal substance or vegetable substance; or
(iii) by virtue of its unhygienic processing or the presence in that article of any harmful substance; or
(iv) by the substitution of any inferior or cheaper substance whether wholly or in part; or
(v) by addition of a substance directly or as an ingredient which is not permitted; or
(vi) by the abstraction, wholly or in part, of any of its constituents; or
(vii) by the article being so coloured, flavoured or coated, powdered or polished, as to damage or conceal the article or to make it appear better or of greater value than it really is; or
(viii) by the presence of any colouring matter or preservatives other than that specified in respect thereof; or
(ix) by the article having been infected or infested with worms, weevils, or insects; or
(x) by virtue of its being prepared, packed or kept under insanitary conditions; or
(xi) by virtue of its being mis-branded or sub-standard or food containing extraneous matter; or
(xii) by virtue of containing pesticides and other contaminants in excess of quantities specified by regulations.
(2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding Law, if any, in force in that State.
CHAPTER II
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA
4. Establishment of Food Safety and Standards Authority of India.–(1) The Central Government shall, by notification, establish a body to be known as the Food Safety and Standards Authority of India to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The Food Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued.
(3) The head office of the Food Authority shall be at Delhi.
(4) The Food Authority may establish its offices at any other place in India.
5. Composition of Food Authority and qualifications for appointment of its Chairperson and other Members.–(1) The Food Authority shall consist of a Chairperson and the following twenty-two members out of which one-third shall be women, namely:–
(a) seven Members, not below the rank of a Joint Secretary to the Government of India, to be appointed by the Central Government, to respectively represent the Ministries or Departments of the Central Government dealing with–
(i) Agriculture,
(ii) Commerce,
(iii) Consumer Affairs,
(iv) Food Processing,
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(v) Health, (vi) Legislative Affairs,
(vii) Small Scale Industries, (viii) who shall be Members ex officio;
(b) two representatives from food industry of which one shall be from small scale industries; (c) two representatives from consumer organisations; (d) three eminent food technologists or scientists;
(e) five members to be appointed by rotation every three years, one each in seriatim from the Zones as specified in the First Schedule to represent the States and the Union territories;
(f) two persons to represent farmers’ organisations; (g) one person to represent retailers’ organisations. (2) The Chairperson and other Members of the Food Authority shall be appointed in such a manner so as to secure the highest standards of competence, broad range of relevant expertise, and shall represent, the broadest possible geographic distribution within the country.
(3) The Chairperson shall be appointed by the Central Government from amongst the persons of eminence in the field of food science or from amongst the persons from the administration who have been associated with the subject and is either holding or has held the position of not below the rank of Secretary to the Government of India.
1[(4) The Chairperson and the Members including part-time Members other than the ex officio embers 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 hold any other office.] 6. Selection Committee for selection of Chairperson and Members of Food Authority.–(1) The Central Government shall, for the purpose of selection of the Chairperson and the Members other than ex officio Members of the Food Authority, constitute a Selection Committee consisting of–
(a) Cabinet Secretary–Chairperson,
(b) Secretary-in-charge of the Ministry or the Department responsible for administration of this Act as the convener–Member,
(c) Secretary-in-charge of the Ministries or the Departments of the Central Government dealing with Health, Legislative and Personnel–Members,
(d) Chairman of the Public Enterprises Selection Board–Member, (e) An eminent food technologist to be nominated by the Central Government–Member. Explanation–For the purposes of clause (e), the Central Government shall nominate a person from amongst persons holding the post of Director or the Head, by whatever name called, of any national research or technical institution. (2) The Central Government shall, within two months from the date of occurrence of any vacancy by reason of death, resignation, or removal of the Chairperson or a Member of the Food Authority and three months before the superannuation or completion of the term of office of the Chairperson or any Member of that Authority, make a reference to the Selection Committee for filling up of the vacancy.
(3) The Selection Committee shall finalise the selection of the Chairperson and Members of the Food Authority within two months from the date on which the reference is made to it.
(4) The Selection Committee shall recommend a panel of two names for every vacancy referred to it.
1. Subs. by Act 13 of 2008, s. 3, for sub-sections (4) and (5) (w.e.f. 7-2-2008).
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