Food Act

PRELIMINAR

Definitions

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

Establishment of Food Safety and Standards Authority of India.

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

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

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

Removal of Chairperson and Members of Food Authority.

Officers and other employees of Food Authority.

Functions of the Chief Executive Officer.

Central Advisory Committee.

Functions of Central Advisory Committee.

Scientific Panels.

Scientific Committee.

Procedure for Scientific Committee and Scientific Panel.

Duties and functions of Food Authority.

Proceedings of Food Authority

GENERAL PRINCIPLES OF FOOD SAFETY

General principles to be followed in Administration of Act.

GENERAL PROVISIONS AS TO ARTICLES OF FOOD

Use of food additive or processing aid.

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

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

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

Packaging and labelling of foods.

Restrictions of advertisement and prohibition as to unfair trade practices.

PROVISIONS RELATING TO IMPORT

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

SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY

Responsibilities of the Food business operator.

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

Food recall procedures.

ENFORCEMENT OF THE ACT

Authorities responsible for enforcement of Act.

Commissioner of Food Safety of the State.

Licensing and registration of food business.

Improvement notices.

Prohibition orders.

Emergency prohibition notices and orders.

Notification of food poisoning.

Designated Officer.

Food Safety Officer.

Powers of Food Safety Officer

Liability of Food Safety Officer in certain cases.

Purchaser may have food analysed.

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

Procedure for launching prosecution.

ANALYSIS OF FOOD

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

Recognition of organisation or agency for food safety audit.

Food Analysts.

Functions of Food Analyst.

Sampling and analysis.

OFFENCES AND PENALTIES

General provisions relating to offences.

General provisions relating to penalty.

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

Penalty for sub-standard food.

Penalty for misbranded food.

Penalty for misleading advertisement.

Penalty for food containing extraneous matter.

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

Penalty for unhygienic or unsanitary processing or manufacturing of food.

Penalty for possessing adulterant.

Penalty for contraventions for which no specific penalty is provided.

Punishment for unsafe food.

Punishment for interfering with seized items.

Punishment for false information.

Punishment for obstructing or impersonating a Food Safety Officer.

Punishment for carrying out a business without licence.

Punishment for subsequent offences.

Compensation in case injury of death of consumer.

Offences by companies.

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

Adjudication.

Power to compound offences.

Establishment of Food Safety Appellate Tribunal.

Procedure and powers of the Tribunal.

Civil court not to have jurisdiction.

Power of court to try cases summarily.

Special courts and Public Prosecutor.

Power to transfer cases to regular courts.

Appeal.

Time limit for prosecutions.

Power of court to implead manufacturer etc.

Magistrate’s power to impose enhanced punishment.

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

FINANCE, ACCOUNTS, AUDIT AND REPORTS

Budget of Food Authority.

Finances of the Food Authority.

Accounts and audit of Food Authority.

Annual report of Food Authority.

MISCELLANEOUS

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

Power of Central Government to give directions to State Governments.

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

Protection of action taken in good faith.

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

Power of Central Government to make rules.

Power of Food Authority to make regulations.

Laying of rules and regulations before Parliament.

Power of State Government to make rules.

Reward by State Government.

Recovery of penalty.

Repeal and savings.

Transitory provisions for food standards.

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

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

Power to remove difficulties.

THE FIRST SCHEDULE

THE SECOND SCHEDULE (See section 97)

Food safety and standards (contaminats, toxins and residues) regulation, 2011

Metal contaminants

Crop contaminants and naturally occurring toxic substances

Residues

Restriction on the use of insecticides

Antibiotic and other pharma-cologically active substances

Food Safety and Standards (Laboratory and sampling analysis) regulation, 2011

Notified Laboratories for Import

Referral Laboratory

Procedure of Sampling

Food safety and Standards (Licensing and Registration of Food businesses) regulation, 2011

LICENSING AND REGISTRATION OF FOOD BUSINESS

SCHEDULE 1

SCHEDULE 2

SCHEDULE – 3

Schedule 4

Part – I

Part-II

PART-III

PART IV

Part – V

Food Safety and standards (Packaging and Labelling) regulation, 2011

Labelling

Manner of declaration

Specific Requirements/ Restrictions on manner of labelling

Specific restrictions on Product labels

Restriction on advertisement

Exemptions from labelling requirements

Notice of addition, admixture or deficiency in food

Food safety and standards (Prohibition and Restrction on sales) regulation, 2011

Sale of certain admixtures prohibited

Restriction on use of certain ingredient

Prohibition and Restriction on sale of certain products

FSS Gazete Rules 2011

ENFORCEMENT STRUCTURE AND PROCEDURES

Qualification and duties

Designated Officer

Food Safety Officer

Food Analyst

Procedure of taking extracts of documents and matters connected therewith

Seizure of articles of food by the Food Safety Officer and matters connected therewith

Sampling and Analysis

ADJUDICATION AND APPEAL TO TRIBUNAL

Holding of inquiry

Order of the Adjudicating Officer and matters relating thereto

Appellate Tribunal

Qualification and terms of office of Presiding Officer of an Appellate Tribunal

Terms and conditions of service of Presiding Officer