THE FOOD SAFETY AND STANDARDS ACT, 2006

ACT NO. 34 OF 2006 · Enacted [23rd August, 2006.] · 101 sections

PRELIMINARY

Section 1.Short title, extent and commencement.

Section 2.Declaration as to expediency of control by the Union.

Section 3.Definitions.

FOOD SAFETYAND STANDARDS AUTHORITY OF INDIA

Section 4.Establishment of Food Safety and Standards Authority of India.

Section 5.Composition of Food Authority and qualifications for appointment of its Chairperson and other Members.

Section 6.Selection Committee for selection of Chairperson and Members of Food Authority.

Section 7.Term of office, salary, allowances and other conditions of service of Chairperson and Members of Food Authority.

Section 8.Removal of Chairperson and Members of Food Authority.

Section 9.Officers and other employees of Food Authority.

Section 10.Functions of the Chief Executive Officer.

Section 11.Central Advisory Committee.

Section 12.Functions of Central Advisory Committee.

Section 13.Scientific Panels.

Section 14.Scientific Committee.

Section 15.Procedure for Scientific Committee and Scientific Panel.

Section 16.Duties and functions of Food Authority.

Section 17.Proceedings of Food Authority.

GENERAL PRINCIPLES OF FOOD SAFETY

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

GENERAL PROVISIONS AS TO ARTICLES OF FOOD

Section 19.Use of food additive or processing aid.

Section 20.Contaminants, naturally occurring toxic substances, heavy metals, etc.

Section 21.Pesticides, veterinary drugs residues, antibiotic residues and microbiological counts.

Section 22.Genetically modified foods, organic foods, functional foods, proprietary foods, etc.

Section 23.Packaging and labelling of foods.

Section 24.Restrictions of advertisement and prohibition as to unfair trade practices.

PROVISIONS RELATING TO IMPORT

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

SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY

Section 26.Responsibilities of the food business operator.

Section 27.Liability of the manufacturers, packers, wholesalers, distributors and sellers.

Section 28.Food recall procedures.

ENFORCEMENT OF THE ACT

Section 29.Authorities responsible for enforcement of Act.

Section 30.Commissioner of Food Safety of the State.

Section 31.Licensing and registration of food business.

Section 32.Improvement notices.

Section 33.Prohibition orders.

Section 34.Emergency prohibition notices and orders.

Section 35.Notification of food poisoning.

Section 36.Designated Officer.

Section 37.Food Safety Officer.

Section 38.Powers of Food Safety Officer.

Section 39.Liability of Food Safety Officer in certain cases.

Section 40.Purchaser may have food analysed.

Section 41.Power of search, seizure, investigation, prosecution and procedure thereof.

Section 42.Procedure for launching prosecution.

ANALYSIS OF FOOD

Section 43.Recognition and accreditation of laboratories, research institutions and referral food laboratory.

Section 44.Recognition of organisation or agency for food safety audit.

Section 45.Food Analysts.

Section 46.Functions of Food Analyst.

Section 47.Sampling and analysis.

OFFENCES AND PENALTIES

Section 48.General provisions relating to offences.

Section 49.General provisions relating to penalty.

Section 50.Penalty for selling food not of the nature or substance or quality demanded.

Section 51.Penalty for sub-standard food.

Section 52.Penalty for misbranded food.

Section 53.Penalty for misleading advertisement.

Section 54.Penalty for food containing extraneous matter.

Section 55.Penalty for failure to comply with the directions of Food Safety Officer.

Section 56.Penalty for unhygienic or unsanitary processing or manufacturing of food.

Section 57.Penalty for possessing adulterant.

Section 58.Penalty for contraventions for which no specific penalty is provided.

Section 59.Punishment for unsafe food.

Section 60.Punishment for interfering with seized items.

Section 61.Punishment for false information.

Section 62.Punishment for obstructing or impersonating a Food Safety Officer.

Section 63.Punishment for carrying out a business without licence.

Section 64.Punishment for subsequent offences.

Section 65.Compensation in case of injury or death of consumer.

Section 66.Offences by companies.

Section 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

Section 68.Adjudication.

Section 69.Power to compound offences.

Section 70.Establishment of Food Safety Appellate Tribunal.

Section 71.Procedure and powers of the Tribunal.

Section 72.Civil court not to have jurisdiction.

Section 73.Power of court to try cases summarily.

Section 74.Special courts and Public Prosecutor.

Section 75.Power to transfer cases to regular courts.

Section 76.Appeal.

Section 77.Time limit for prosecutions.

Section 78.Power of court to implead manufacturer, etc.

Section 79.Magistrate’s power to impose enhanced punishment.

Section 80.Defences which may or may not be allowed in prosecution under this Act.

FINANCE, ACCOUNTS, AUDIT AND REPORTS

Section 81.Budget of Food Authority.

Section 82.Finances of the Food Authority.

Section 83.Accounts and audit of Food Authority.

Section 84.Annual report of Food Authority.

MISCELLANEOUS

Section 85.Power of Central Government to issue directions to Food Authority and obtain reports and returns.

Section 86.Power of Central Government to give directions to State Governments.

Section 87.Members, officers of Food Authority and Commissioner of Food Safety to be public servants.

Section 88.Protection of action taken in good faith.

Section 89.Overriding effect of this Act over all other food related laws.

Section 90.Transfer of existing employees of Central Government Agencies governing various foods related Acts or Orders to Food Authority.

Section 91.Power of Central Government to make rules.

Section 92.Power of Food Authority to make regulations.

Section 93.Laying of rules and regulations before Parliament.

Section 94.Power of State Government to make rules.

Section 95.Reward by State Government.

Section 96.Recovery of penalty.

Section 97.Repeal and savings.

Section 98.Transitory provisions for food standards.

Section 99.Milk and Milk Products Order, 1992 shall be deemed to be regulations made under this Act.

Section 100.Amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.

Section 101.Power to remove difficulties.