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Bar News Acts League

The Food Safety and Standards Act, 2006

Act ID: 2006

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."

Table of Contents

100 Sections

Ch. 1

PRELIMINARY

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

Ch. 2

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

S.4Establishment of Food Safety and Standards Authority of India.S.5Composition of Food Authority and qualifications for appointment of its Chairperson and other Members.S.6Selection Committee for selection of Chairperson and Members of Food Authority.S.7Term of office, salary, allowances and other conditions of service of Chairperson and Members of Food Authority.S.8Removal of Chairperson and Members of Food Authority.S.9Officers and other employees of Food Authority.S.10Functions of the Chief Executive Officer.S.11Central Advisory Committee.S.12Functions of Central Advisory Committee.S.13Scientific Panels.S.14Scientific Committee.S.15Procedure for Scientific Committee and Scientific Panel.S.16Duties and functions of Food Authority.S.17Proceedings of Food Authority.

Ch. 3

GENERAL PRINCIPLES OF FOOD SAFETY

S.18General principles to be followed in administration of Act.

Ch. 4

GENERAL PROVISIONS AS TO ARTICLES OF FOOD

S.19Use of food additive or processing aid.S.20Contaminants, naturally occurring toxic substances, heavy metals, etc.S.21Pesticides, veterinary drugs residues, antibiotic residues and microbiological counts.S.22Genetically modified foods, organic foods, functional foods, proprietary foods, etc.S.23Packaging and labelling of foods.S.24Restrictions of advertisement and prohibition as to unfair trade practices.

Ch. 5

PROVISIONS RELATING TO IMPORT

S.25All imports of articles of food to be subject to this Act.

Ch. 6

SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY

S.26Responsibilities of the food business operator.S.27Liability of the manufacturers, packers, wholesalers, distributors and sellers.S.28Food recall procedures.

Ch. 7

ENFORCEMENT OF THE ACT

S.29Authorities responsible for enforcement of Act.S.30Commissioner of Food Safety of the State.S.31Licensing and registration of food business.S.32Improvement notices.S.33Prohibition orders.S.34Emergency prohibition notices and orders.S.35Notification of food poisoning.S.36Designated Officer.S.37Food Safety Officer.S.38Powers of Food Safety Officer.S.39Liability of Food Safety Officer in certain cases.S.40Purchaser may have food analysed.S.41Power of search, seizure, investigation, prosecution and procedure thereof.S.42Procedure for launching prosecution.

Ch. 8

ANALYSIS OF FOOD

S.43Recognition and accreditation of laboratories, research institutions and referral food laboratory.S.44Recognition of organisation or agency for food safety audit.S.45Food Analysts.S.46Functions of Food Analyst.S.47Sampling and analysis.

Ch. 9

OFFENCES AND PENALTIES

S.48General provisions relating to offences.S.49General provisions relating to penalty.S.50Penalty for selling food not of the nature or substance or quality demanded.S.51Penalty for sub-standard food.S.52Penalty for misbranded food.S.53Penalty for misleading advertisement.S.54Penalty for food containing extraneous matter.S.55Penalty for failure to comply with the directions of Food Safety Officer.S.56Penalty for unhygienic or unsanitary processing or manufacturing of food.S.57Penalty for possessing adulterant.S.58Penalty for contraventions for which no specific penalty is provided.S.59Punishment for unsafe food.S.60Punishment for interfering with seized items.S.61Punishment for false information.S.62Punishment for obstructing or impersonating a Food Safety Officer.S.63Punishment for carrying out a business without licence.S.64Punishment for subsequent offences.S.65Compensation in case of injury or death of consumer.S.66Offences by companies.S.67Penalty 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.

Ch. 10

ADJUDICATION AND FOOD SAFETY APPELLATE TRIBUNAL

S.68Adjudication.S.69Power to compound offences.S.70Establishment of Food Safety Appellate Tribunal.S.71Procedure and powers of the Tribunal.S.72Civil court not to have jurisdiction.S.73Power of court to try cases summarily.S.74Special courts and Public Prosecutor.S.75Power to transfer cases to regular courts.S.76Appeal.S.77Time limit for prosecutions.S.78Power of court to implead manufacturer, etc.S.79Magistrate?s power to impose enhanced punishment.S.80Defences which may or may not be allowed in prosecution under this Act.

Ch. 11

FINANCE, ACCOUNTS, AUDIT AND REPORTS

S.81Budget of Food Authority.S.82Finances of the Food Authority.S.83Accounts and audit of Food Authority.S.84Annual report of Food Authority.

Ch. 12

MISCELLANEOUS

S.85Power of Central Government to issue directions to Food Authority and obtain reports and returns.S.86Power of Central Government to give directions to State Governments.S.87Members, officers of Food Authority and Commissioner of Food Safety to be public servants.S.88Protection of action taken in good faith.S.89Overriding effect of this Act over all other food related laws.S.90Transfer of existing employees of Central Government Agencies governing various foods related Acts or Orders to Food Authority.S.91Power of Central Government to make rules.S.92Power of Food Authority to make regulations.S.93Laying of rules and regulations before Parliament.S.94Power of State Government to make rules.S.95Reward by State Government.S.96Recovery of penalty.S.97Repeal and savings.S.98Transitory provisions for food standards.S.99Milk and Milk Products Order, 1992 shall be deemed to be regulations made under this Act.S.100Amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.