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The Food Safety and Standards Act

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.
2006
List of Chapters & Sections

  1. PRELIMINARY

  2. 1
     Short title, extent and commencement
  3. 2
     Declaration as to expediency of control by the Union
  4. 3
     Definitions

  • 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

  • GENERAL PRINCIPLES OF FOOD SAFETY

  • 18
     General principles to be followed in administration of Act

  • 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

  • PROVISIONS RELATING TO IMPORT

  • 25
     All imports of articles of food to be subject to this Act

  • 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

  • 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

  • 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

  • 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
  • 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

  • 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

  • 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

  • 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
  • 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