The Food Safety and Standards Act, 2006
| Coming into Force | 28 May 2008 |
| Act Number | 34 |
| Enactment Date | 23 August 2006 |
| Record Number | 200634 |
| Date | 23 August 2006 |
| Court | Ministry of Health and Family Welfare |
1
THE FOOD SAFETY AND STANDARDS ACT, 2006
–––––
ARRANGEMENT OF SECTIONS
–––––
CHAPTER I
P
RELIMINARY
S
ECTIONS
1. Short title, extent and commencement.
2. Declaration as to expediency of control by the Union.
3. Definitions.
CHAPTER II
F
OOD
S
AFETYAND
S
TANDARDS
A
UTHORITY OF
I
NDIA
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
G
ENERAL PRINCIPLES OF
F
OOD
S
AFETY
18. General principles to be followed in administration of Act.
CHAPTER IV
G
ENERAL 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.
2
CHAPTER V
P
ROVISIONS RELATING TO IMPORT
S
ECTIONS
25. All imports of articles of food to be subject to this Act.
CHAPTER VI
S
PECIAL RESPONSIBILITIES AS TO
F
OOD
S
AFETY
26. Responsibilities of the food business operator.
27. Liability of the manufacturers, packers, wholesalers, distributors and sellers.
28. Food recall procedures.
CHAPTER VII
E
NFORCEMENT OF THE
A
CT
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
A
NALYSIS 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
O
FFENCES 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.
3
S
ECTIONS
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
A
DJUDICATION AND
F
OOD
S
AFETY
A
PPELLATE
T
RIBUNAL
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
F
INANCE, 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
M
ISCELLANEOUS
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.
To continue reading
Request your trial