1. Food safety and standard Act 2006

2. Object
This Act aims at consolidation of law on food , establishment of Food Safety and Standard Authority of India for fixing the standard of food and to control the matters of manufacture , distribution , sale , import , export …. of food. This law ensure the availability of safe food for human consumption.

4. Definitions. S.3
Adulterant- It means any article employed in the food for making it sub standard or mis- branded or unsafe.
Commissioner of food safety- an officer appointed u/s 30
Contaminant- a material present in the food as result of manufacture or preparation or packing or transport of food and do not include other extrtaneous things.

5. Food- any substance processed or unprocessed for human consumption and includes primary food , genetically modified food ,infant food packed drinking water, alcoholic drink, water used for preparation of food…. But does include any live animals.
Food addictive – a material added to the food for technological purpose during the manufacture or processing of food or results in to its by products and becoming a part and affects the characteristics of food

6. Food Authority- means Food safety and standard authority established u/s 4 of this Act.
Mis - branded food- means an article of food purported for sale with deceptive contents in relation to label or package or with a mis leading advertisement or sold under the name of factious person or company.
Primary food- a product of agriculture

7. or horticulture or animal husbandry or dairying or aquaculture in its natural form.
Risk assessment – a scientific process for hazard identification or hazard characterization or exposure assessment ...
Standard- means a standard fixed by the Food Authority
Unsafe food – means an article of food whose nature or quality is so affected as to become injurious to health and has become delirious substance or article comprised of putrefied or rotten or decomposed substance.

8. or an article due to its unhygienic processing has become harmful substance or an article of food in which substitution has been made by inferior or cheaper substance, or an infected or infested article or article of food made in insanitary condition or misbranded or substandard food etc.

10. Food safety and standard authority of India
Section 4
This will be established by Central Govt. by notification to discharge the function under this Act.
It shall be operate by having its Headquarters at Delhi
This is the body vested with ultimate power to control all its subordinate functionaries which are empowered to execute the various objects of this Act

11. This body will be comprised of a chairman and 22 members out of whom 1/3 will be women and this body will represent the department of agriculture, commerce, consumer affairs, food processing, health, legislative affairs, small scale industries

12. Section 4
Duties and functions of the authority
The manufacturing, processing, sale etc. of the food will be controlled by this body so as to assure safe food. Besides it will prescribe standards and guidelines in relation to articles of food and the system for enforcement

13. Make a procedure and enforcement system for the quality control of the food
Procedure for accreditation of different body engaged in certification of food safety management
Overall administration of this Act.
Controlling food labeling standards relating to health nutrients, food category etc.

14. Chapter-3 General Principles of food safety.
Section 18- Food safety Act how to be implemented and administrated?-The govt. and food authority while implementing this Act has to assure that the human life and health and also the consumer’s interest are fully safeguarded and all malpractices in relation to food trade is eliminated and assure food safety and standard

15. Chapter-4 General provisions as to articles of food.
S19- Use of food addictive:-
The addition of the food processing aids shall be according this Act and Rules
S21- Pesticide, Vet nary drugs, antibiotic residues etc. No articles of food shall contain this material in excess of the limits fixed by the regulations
No insecticides shall be used on the food unless the insecticide bears the registration under insecticide Act.

16. Section 22 :-
Genetically modifies food, organic food etc.
No person shall manufacture, sale, process or in anyway deals with these foods except as provided by this Act. This includes health suppleness, proprietary food and the food for special dietary uses

17. Section 23
Packing and labeling of food:- No person shall manufacture or sell or deliver any packed food products which are not marked or labeled as per the regulations. These kinds of labels shall not contain any false claim in relation to food quality.
Every food business operator shall ensure that this packing materials and procedures does not mislead the consumer in any manner.

18. Section 24
Restriction of advertisement and prohibition of unfair trade:- The advertisement used on food shall not be deceptive and contravenes this act and rules.
No person shall engage in any unfair trade practice for promoting the sale, supply and consumption of food articles.

19. Chapter 6 Responsibilities as to food safety
Every food operator shall ensure that the production, processing, distribution, transport etc. of the food are in accordance with this Act and rules. He shall not deal with any food which is unsafe, misbranded, unlicensed or prohibited and shall employ any person to handle the food who is suffering from infectious disease

20. Section 27 – The liability of wholesalers and distributers
Section 27 – The liability of wholesalers and distributers.It shall be the duty of these persons to ensure that the food dealt by them is within the expiry date
They shall assure that it is not stored violating safety instructions and the manufacturer is clearly identifiable and the food is not misbranded.

21. Section 28- Food recall procedure:-
If a food business operator finds that a food is processed and distributed in violation of this Act, he shall withdraw that form the market and inform the authorities

22. Chapter-7 Enforcement mechanism of this Act
Section 29- The authorities responsible for the enforcement of this Act:-
The Central Food Authorities and State Food Authorities shall be responsible for the enforcement of this Act. The Commissioner of Food Safety appointed by the state govt. shall monitor all the functions and duties in the state level.

23. The main function of the Commission is to prohibit the manufacture and distribution of food in the state for the period not exceeding 1 year in the interest of public health.

24. Section 31- Licensing and registration of food business:-
Food business shall not be carried by any person except under a license. But this license shall not necessary in the case a petty food manufacturer or a seller who installs a temporary stall or a tiny food operator. But they shall register with such authorities as per regulation so as to assure safe food for human consumption. The license will be granted by Designated officer. The period of license shall be as per regulations.

25. Improvement Notice
If the designated officer is satisfied that any food operator is not doing the business as per rules, he may be served with the notice by DO to take some measures in order to ameliorate his business within prescribed time. If this notice is not complied , his license will be suspended by the Designated Officer

26. Section 33- Prohibition orders
If a food business operator is convicted for any offence under this Act, the convicting court may pass a prohibition order prohibiting the use of any premises for food business, use of any process for food business, participation of any person in the management of food business either temporary or permanently, use of any equipment for food business

27. Designated officer and Food safety officer
Section 36
Designated officer is appointed by Food Safety Commissioner for each District. The main function of the Designated Officer is to issue and cancel the license, prohibit the sale of any food, analysis of food samples, the prosecution under this Act etc.

28. The Food Safety Officer appointed as per section 37 shall take the samples of food kept for sale or seize any article of food which appears to him is against this Act and will send it for analysis by the Food Analyst. Similarly the Food Safety officer is vested with the power of search and seizure under this Act.

29. Section 40 - Purchaser may have the food analyzed
Besides the Food Safety Officer, the purchaser of the food can also get it analyzed on the payment of fees and within such time as per regulation. But he should have informed the business operator about this. If upon the analysis the report shows that the food is unsafe, the Food Analyst will send that report to the DO for launching prosecution.

30. Section 41- Power of search and investigation and prosecution
This power is given to Food Safety Officer in relation to unsafe food are adulterant and he will inform to the DO immediately about the action taken

31. Section 42 Procedure for launching Prosecution
The food safety officer will send the sample of food seized to the food analyst . On analysis if the samples are found to be unsafe food, Analyst will send the report to DO along with necessary documents within 14 days. The copy will send to commissioner of food safety. The DO will study the report and will refer the matter to the Food Safety Commissioner of the State to decide upon launching of prosecution.

32. The FSO will decide the reference within 4 days and direct the DO to launch prosecution before the ordinary courts. Incase of offences punishable up to 3years or before the Sessions Court or Special Court in other cases

33. Section 46 – Food Analyst and his functions
Food Analyst on the receipt of samples from the food safety officer shall compare the seal on the container and outer cover with specimen impression condition of the seal. The Food Analyst shall give the report the DO within 14 days along with 4 copies indicating sampling and analysis.

34. Section 47 – Sampling and Analysis
After taking the samples Food Safety Officer shall:-
Give the notice to the person from whom the sample is taken about the intended analysis
Divide the samples into 4 parts. Put the seal, signature, mark and fasten it in the prescribed manner
Send 1st part for Analysis after intimation to the DO

35. Send 2 parts to the DO for keeping in safe custody
Send the 4th part to the accredited Lab for an independent Analysis
After getting the report from the Analyst the seized food or adulterant will be produced before the DO in 7 days

36. Chapter-9 Offences and Penalties
The main offences under this Act
Section 50- Penalty for selling the food not of the nature the quality demanded
Section 51- Penalty for substandard food
Section 52- Penalty for misbranded food
Section 53- Penalty for misleading advertisement
Section 54- Penalty for food containing exerneous matter

37. Section 56- Sale of food of unhygienic or unsanitary nature
Section 59- Punishment for unsafe food
Section 63- Punishment of carrying out a business without license
In this case penalty is ranging from Rs. 1 lakh to 10 lakh depending upon the nature of offence. Similarly, punishment is ranging form 6 months to life imprisoned in the case sale of unsafe food

38. The Compensation Package
Section 65- If a consumer is sustained with an injury or a death due to consumption of unsafe food, the food operator shall liable to pay a compensation of 5 lakhs in case of death and Rs. 3 lakhs in case of any other injury

39. Section 68- The penalty provided under this Act shall be adjudicated by the officer appointed under section 58 by following a prescribed procedure
Section 74- As per this section State Govt. can constitute a special court for trial of offences, punishable for 3 years or upwards and can also appoint special PP or designated PP. In other case, the cases will be tried summarily as per section 73. The prosecution has to launch within a period of 1 year from the date of offence [section 77]

40. Section- 18 Defense allowable for the prosecution under this Act.
Every defense except those mentioned in section 60 is not allowed in the case of prosecution under this Act. The general defense which can be made avail by the accused is that he had taken all reasonable precautions and due diligence to prevent the offence as per rules.

41. Possible Questions Define Unsafe food Misbranded food Food
The Commissioner of food safety
Primary food
Explain the procedure for prosecution under this Act
Explain the procedure for the sampling and analysis of the food seized under this Act

42. Explain the powers of Designated officer
What are the defenses allowed and not allowed in this Act
What are the main difference b/w this Act and Food adulteration Act
Explain certain offences and contravention which attracts penalty by this Act

43. AND