LexThe food safety and standards act, 2006
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THE FOOD SAFETY AND STANDARDS ACT, 2006
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Declaration as to expediency of control by the Union.
3. Definitions.
CHAPTER II
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.
CHAPTER III
GENERAL PRINCIPLES OF FOOD SAFETY
18. General principles to be followed in administration of Act.
CHAPTER IV
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.
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CHAPTER V
PROVISIONS RELATING TO IMPORT
SECTIONS
25. All imports of articles of food to be subject to this Act.
CHAPTER VI
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.
CHAPTER VII
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.
CHAPTER VIII
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.
CHAPTER IX
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.
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SECTIONS
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.
CHAPTER X
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.
CHAPTER XI
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.
CHAPTER XII
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.
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SECTIONS
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.
101. Power to remove difficulties.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
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THE FOOD SAFETY AND STANDARDS ACT, 2006
ACT NO. 34 OF 2006
[23rd August, 2006.]
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.
BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:–
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. –(1) This Act may be called the Food Safety and
Standards Act, 2006.
(2) It extends to the whole of India.
(3) It shall come into force on such date 1 as the Central Government may, by notification in the
Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and
any reference in any such provision to the commencement of this Act shall be construed as a reference to
the coming into force of that provision.
2. Declaration as to expediency of control by the Union. –It is hereby declared that it is expedient
in the public interest that the Union should take under its control the food industry.
3. Definitions.–(1) In this Act, unless the context otherwise requires,–
(a) ―adulterant‖ means any material which is or could be employed for making the food unsafe
or sub-standard or mis-branded or containing extraneous matter;
(b) ―advertisement‖ means any audio or visual publicity, representation or pronouncement made
by means of any light, sound, smoke, gas, print, electronic media, internet or website and includes
through any notice, circular, label, wrapper, invoice or other documents;
(c) ―Chairperson‖ means the Chairperson of the Food Authority;
(d) ―claim‖ means any representation which states, suggests, or implies that a food has particular
qualities relating to its origin, nutritional properties, nature, processing, composition or otherwise;
(e) ―Commissioner of Food Safety‖ means the Commissioner of Food Safety appointed under
section 30;
(f) ―consumer‖ means persons and families purchasing and receiving food in order to meet their
personal needs;
(g) ―contaminant‖ means any substance, whether or not added to food, but which is present in
such food as a result of the production (including operations carried out in crop husbandry, animal
husbandry or veterinary medicine), manufacture, processing, preparation, treat ment, packing,
packaging, transport or holding of such food or as a result of environmental contamination and does
not include insect fragments, rodent hairs and other extraneous matter;
1. 28th May, 2008 (ss. 3 and 30), vide notification No. S.O. 1246(E), dated 28th May, 2008, see Gazette of India, Extraordinary,
Part II, sec. 3(ii).
28th August, 2008 (s. 90), vide notification No. S.O. 2127(E), dated 28th August, 2008, see Gazette of India, Extraordinary,
Part II, sec. 3(ii).
18th November, 2008 (ss. 16, 17, 18, 81, 82, 83, 84, 85 , 86, 92 and 93), vide notification No. S.O. 2678(E), dated 18th
November, 2008, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
9th March, 2009 (ss. 11, 12, 13, 14 and 15), vide notification No. S.O. 650(E), dated 9th March, 2009 , see Gazette of India,
Extraordinary, Part II, sec. 3(ii).
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(h) ―Designated Officer‖ means the officer appointed under section 36;
(i) ―extraneous matter‖ means any matter contained in an article of food which may be carried
from the raw materials, packaging materials or process systems used for its manufacture or which is
added to it, but such matter does not render such article of food unsafe;
(j) ―Food‖ means any substance, whether processed, partially processed or unprocessed, which is
intended for human consumption and includes primary food to the extent defined in clause ( zk),
genetically modified or engineered food or food con taining such ingredients, infant food, packaged
drinking water, alcoholic drink, chewing gum, and any substance, including water used into the food
during its manufacture, preparation or treatment but does not include any animal feed, live animals
unless they are prepared or processed for placing on the market for human consumption, plants, prior
to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic substances:
Provided that the Central Government may declare, by notification in t he Official Gazette, any
other article as food for the purposes of this Act having regards to its use, nature, substance or
quality;
(k) ―food additive‖ means any substance not normally consumed as a food by itself or used as a
typical ingredient of the fo od, whether or not it has nutritive value, the intentional addition of which
to food for a technological (including organoleptic) purpose in the manufacture, processing,
preparation, treatment, packing, packaging, transport or holding of such food results, or may be
reasonably expected to result (directly or indirectly), in it or its by -products becoming a component
of or otherwise affecting the characteristics of such food but does not include ―contaminants‖ or
substances added to food for maintaining or improving nutritional qualities;
(l) ―Food Analyst‖ means an analyst appointed under section 45;
(m) ―Food Authority‖ means the Food Safety and Standards Authority of India established under
section 4;
(n) ― food business‖ means any undertaking, whether for profit or not and whether public or
private, carrying out any of the activities related to any stage of manufacture, processing, packaging,
storage, transportation, distribution of food, import and includes food services, catering services, sale
of food or food ingredients;
(o) ―food business operator‖ in relation to food business means a person by whom the business is
carried on or owned and is responsible for ensuring the compliance of this Act, rules and regulations
made thereunder;
(p) ―food laboratory‖ means any food laboratory or institute established by the Central or a State
Government or any other agency and accredited by National Accreditation Board for Testing and
Calibration Laboratories or an equivalent accreditation agency and recognised by the Food Authority
under section 43;
(q) ―food safety‖ means assurance that food is acceptable for human consumption according to
its intended use;
(r) ―food safety audit‖ means a systematic and functionally independent examination of food
safety measures ad opted by manufacturing units to determine whether such measures and related
results meet with objectives of food safety and the claims made in that behalf;
(s) ―Food Safety Management System‖ means the adoption Good Manufacturing Practices, Good
Hygienic Practices, Hazard Analysis and Critical Control Point and such other practices as may be
specified by regulation, for the food business;
(t) ―Food Safety Officer‖ means an officer appointed under section 37;
(u) ―hazard‖ means a biological, chemical or phy sical agent in, or condition of, food with the
potential to cause an adverse health effect;
(v) ―import‖ means bringing into India any article of food by land, sea or air;
(w) ―improvement notice‖ means a notice issued under section 32 of this Act;
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(x) ―infant food‖ and ―infant milk substitute‖ shall have the meanings assigned to them in clauses
(f) and ( g) of sub -section (1) of section 2 of the Infant Milk Substitutes, Feeding Bottles and Infant
Foods (Regulation of Production, Supply and Distribution) Act, 1992 (41 of 1992), respectively;
(y) ―ingredient‖ means any substance, including a food additive used in the manufacture or
preparation of food and present in the final product, possibly in a modified form;
(z) ―label‖ means any tag, brand, mark, pictori al or other descriptive matter, written, printed,
stencilled, marked, embossed, graphic, perforated, stamped or impressed on or attached to container,
cover, lid or crown of any food package and includes a product insert;
(za) ―licence‖ means a licence granted under section 31;
(zb) ―local area‖ means any area, whether urban or rural, notified by the Commissioner of Food
Safety, to be a local area for the purposes of this Act;
(zc) ―manufacture‖ means a process or adoption or any treatment for conversio n of ingredients
into an article of food, which includes any sub -process, incidental or ancillary to the manufacture of
an article of food;
(zd) ―manufacturer‖ means a person engaged in the business of manufacturing any article of food
for sale and includes any person who obtains such article from another person and packs and labels it
for sale or only labels it for such purposes;
1[(ze) ―Member‖ includes a part-time Member and the Chairperson of the Food Authority;]
(zf) ―misbranded food‖ means an article of food–
(A) if it is purported, or is represented to be, or is being–
(i) offered or promoted for sale with false, misleading or deceptive claims either;
(a) upon the label of the package, or
(b) through advertisement, or
(ii) sold by a name which belongs to another article of food; or
(iii) offered or promoted for sale under the name of a fictitious individual or company as
the manufacturer or producer of the article as borne on the package or containing the article
or the label on such package; or
(B) if the article is sold in packages which have been sealed or prepared by or at the instance
of the manufacturer or producer bearing his name and address but–
(i) the article is an imitation of, or is a substitute for, or resembles in a manner likely to
deceive, another article of food under the name of which it is sold, and is not plainly and
conspicuously labelled so as to indicate its true character; or
(ii) the package containing the article or the label on the package bears any statement,
design or device regarding the ingredients or the substances contained therein, which is false
or misleading in any material particular, or if the package is otherwise deceptive with respect
to its contents; or
(iii) the article is offered for sale as the product of any place or country which is false; or
(C) if the article contained in the package–
(i) contains any artificial flavouring, colouring or chemical preservative and the package
is without a declaratory label stating that fact or is not labelled in accordance wit h the
requirements of this Act or regulations made thereunder or is in contravention thereof; or
(ii) is offered for sale for special dietary uses, unless its label bears such information as
may be specified by regulation, concerning its vitamins, minerals or other dietary properties
in order sufficiently to inform its purchaser as to its value for such use; or
1. Subs.by Act 13 of 2008, s. 2, for cl. (ze) (w.e.f. 7-2-2008).
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(iii) is not conspicuously or correctly stated on the outside thereof within the limits of
variability laid down under this Act.
(zg) ―notification‖ means a notification published in the Official Gazette;
(zh) ―package‖ means a pre -packed box, bottle, casket, tin, barrel, case, pouch, receptacle, sack,
bag, wrapper or such other things in which an article of food is packed;
(zi) ―premises‖ include any shop, stall, hotel, restaurant, airline services and food canteens, place
or vehicle or vessel where any article of food is sold or manufactured or stored for sale;
(zj) ―prescribed‖ means prescribed by rules made by the Central Government or the State
Government, as the case may be under this Act;
(zk) ―primary food‖ means an article of food, being a produce of agriculture or horticulture or
animal husbandry and dairying or aquaculture in its natural form, resulting from the growing, raising,
cultivation, picking, harvesting, collection or catching in the hands of a person other than a farmer or
fisherman;
(zl) ―prohibition order‖ means an order issued under section 33 of this Act;
(zm) ―risk‖, in relation to any article of food, means the probability of a n adverse effect on the
health of consumers of such food and the severity of that effect, consequential to a food hazard;
(zn) ―risk analysis‖, in relation to any article of food, means a process consisting of three
components, i.e. risk assessment, risk management and risk communication;
(zo) ―risk assessment‖ means a scientifically based process consisting of the following steps:
(i) hazard identification, ( ii) hazard characterisation; ( iii) exposure assessment, and ( iv) risk
haracterisation;
(zp) ―risk communication‖ means the interactive exchange of information and opinions
throughout the risk analysis process concerning risks, risk -related factors and risk perceptions,
among risk assessors, risk managers, consumers, industry, the academic community and other
interested parties, including the explanation of risk assessment findings and the basis of risk
management decisions;
(zq) ―risk management‖ means the process, distinct from risk assessment, of evaluating policy
alternatives, in consultation with al l interested parties considering risk assessment and other factors
relevant for the protection of health of consumers and for the promotion of fair trade practices, and, if
needed, selecting appropriate prevention and control options;
(zr) ―sale‖ with its grammatical variations and cognate expressions, means the sale of any article
of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for
human consumption or use, or for analysis, and includes an agreement for sale , an offer for sale, the
exposing for sale or having in possession for sale of any such article, and includes also an attempt to
sell any such article;
(zs) ―sample‖ means a sample of any article of food taken under the provisions of this Act or any
rules and regulations made thereunder;
(zt) ―specified by regulations‖ means specified by regulations made by the Food Authority;
(zu) ―standard‖, in relation to any article of food, means the standards notified by the Food
Authority;
(zv) ―State Government‖ in relation to a Union territory means the Administrator of that Union
territory appointed by the President under article 239 of the Constitution;
(zw) ―substance‖ includes any natural or artificial substance or other matter, whether it is in a
solid state or in liquid form or in the form of gas or vapour;
(zx) ―sub-standard‖ an article of food shall be deemed to be sub -standard if it does not meet the
specified standards but not so as to render the article of food unsafe;
(zy) ―Tribunal‖ means the Food Safety Appellate Tribunal established under section 70;
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(zz) ―unsafe food‖ means an article of food whose nature, substance or quality is so affected as to
render it injurious to health:—
(i) by the article itself, or its package thereof, which is composed, whet her wholly or in
part, of poisonous or deleterious substances; or
(ii) by the article consisting, wholly or in part, of any filthy, putrid, rotten, decomposed
or diseased animal substance or vegetable substance; or
(iii) by virtue of its unhygienic processing or the presence in that article of any harmful
substance; or
(iv) by the substitution of any inferior or cheaper substance whether wholly or in part; or
(v) by addition of a substance directly or as an ingredient which is not permitted; or
(vi) by the abstraction, wholly or in part, of any of its constituents; or
(vii) by the article being so coloured, flavoured or coated, powdered or polished, as to
damage or conceal the article or to make it appear better or of greater value than it really is;
or
(viii) by the presence of any colouring matter or preservatives other than that specified in
respect thereof; or
(ix) by the article having been infected or infested with worms, weevils, or insects; or
(x) by virtue of its being prepared, packed or kept under insanitary conditions; or
(xi) by virtue of its being mis -branded or sub -standard or food containing extraneous
matter; or
(xii) by virtue of containing pesticides and other contaminants in excess of quantities
specified by regulations.
(2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall,
in relation to that State, be construed as a reference to the corresponding Law, if any, in force in that
State.
CHAPTER II
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA
4. Establishment of Food Safety and Standards Authority of India. –(1) The Central Government
shall, by notification, establish a body to be known as the Food Safety and Standards Authority of India
to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The Food Authority shall be a body corporate by the name aforesaid, having perpetual succession
and a common seal with power to acquire, hold and dispose of property, both movable and immovable,
and to contract and shall, by the said name, sue or be sued.
(3) The head office of the Food Authority shall be at Delhi.
(4) The Food Authority may establish its offices at any other place in India.
5. Composition of Food Authority and qualifications for appointment of its Chairperson and
other Members.–(1) The Food Authority shall consist of a Chairperson and the following twenty -two
members out of which one-third shall be women, namely:–
(a) seven Members, not below the rank of a Joint Secretary to the Government of India, to be
appointed by the Central Government, to respectively represent the Ministries or Departments of the
Central Government dealing with–
(i) Agriculture,
(ii) Commerce,
(iii) Consumer Affairs,
(iv) Food Processing,
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(v) Health,
(vi) Legislative Affairs,
(vii) Small Scale Industries,
(viii) who shall be Members ex officio;
(b) two representatives from food industry of which one shall be from small scale industries;
(c) two representatives from consumer organisations;
(d) three eminent food technologists or scientists;
(e) five members to be appointed by rotation every three years, one each in seriatim from the
Zones as specified in the First Schedule to represent the States and the Union territories;
(f) two persons to represent farmers’ organisations;
(g) one person to represent retailers’ organisations.
(2) The Chairperson and other Members of the Food Authority shall be appointed in such a manner
so as to secure the highest standards of competence, broad range of relevant expertise, and sh all
represent, the broadest possible geographic distribution within the country.
(3) The Chairperson shall be appointed by the Central Government from amongst the persons of
eminence in the field of food science or from amongst the persons from the adminis tration who have
been associated with the subject and is either holding or has held the position of not below the rank of
Secretary to the Government of India.
1[(4) The Chairperson and the Members including part -time Members other than the ex officio
embers of the Food Authority may be appointed by the Central Government on the recommendations of
the Selection Committee.
(5) The Chairperson of the Food Authority shall not hold any other office.]
6. Selection Committee for selection of Chairperson and Members of Food Authority. –(1) The
Central Government shall, for the purpose of selection of the Chairperson and the Members other than ex
officio Members of the Food Authority, constitute a Selection Committee consisting of–
(a) Cabinet Secretary–Chairperson,
(b) Secretary-in-charge of the Ministry or the Department responsible for administration of this
Act as the convener–Member,
(c) Secretary-in-charge of the Ministries or the Departments of the Central Government dealing
with Health, Legislative and Personnel–Members,
(d) Chairman of the Public Enterprises Selection Board–Member,
(e) An eminent food technologist to be nominated by the Central Government–Member.
Explanation–For the purposes of clause ( e), the Central Government shall no minate a person
from amongst persons holding the post of Director or the Head, by whatever name called, of any
national research or technical institution.
(2) The Central Government shall, within two months from the date of occurrence of any vacancy by
reason of death, resignation, or removal of the Chairperson or a Member of the Food Authority and three
months before the superannuation or completion of the term of office of the Chairperson or any Member
of that Authority, make a reference to the Selection Committee for filling up of the vacancy.
(3) The Selection Committee shall finalise the selection of the Chairperson and Members of the Food
Authority within two months from the date on which the reference is made to it.
(4) The Selection Committee shall recommend a panel of two names for every vacancy referred to it.
1. Subs. by Act 13 of 2008, s. 3, for sub-sections (4) and (5) (w.e.f. 7-2-2008).
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(5) Before recommending any person for appointment as a Chairperson or other Member of the Food
Authority, the Selection Committee shall satisfy itself that such person does not have any finan cial or
other interest, which is likely to affect prejudicially his functions as a Member.
(6) No appointment of the Chairperson or other Member of the Food Authority shall be invalid
merely by reason of any vacancy in the Selection Committee.
7. Term of office, salary, allowances and other conditions of service of Chairperson and
Members of Food Authority. –(1) The Chairperson and the members other than ex officio Members
shall hold office for a term of three years from the date on which they enter upon the ir offices, and shall
be eligible for re-appointment for a further period of three years:
1[Provided that the Chairperson shall not hold office as such after he has attained the age of sixty-five
years.]
(2) The salary and allowances payable to, and the other terms and conditions of service of the
Chairperson and Members other than ex officio Members shall be such as may be prescribed by the
Central Government.
(3) The Chairperson and every Member shall, before entering upon his office, make and subscribe to
an oath of office and of secrecy in such form and in such manner and before such authority as may be
prescribed by the Central Government.
(4) Notwithstanding anything contained in sub-section the Chairperson or any Member may–
(a) relinquish his office by giving in writing to the Central Government a notice of not less than
three months; or
(b) be removed from his office in accordance with the provisions of section 8.
(5) The Chairperson or any Member ceasing to hold office as such shall not represent any person
before the Food Authority or any State Authority in any manner.
8. Removal of Chairperson and Members of Food Authority. –(1) Notwithstanding anything
contained in sub-section (1) of section 7, the Central Government may, by order, remo ve from office the
Chairperson or any other Member, if the Chairperson or as the case may be, such other Member,—
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves
moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or
(d) has acquired such financial or other interests as is likely to affect prejudicially his functions
as a Member; or
(e) has so abused his position as to render his cont inuance in office prejudicial to the public
interest.
(2) No Member shall be removed under clauses ( d) and ( e) of sub -section ( 1) unless he has been
given a reasonable opportunity of being heard in the matter.
9. Officers and other employees of Food Author ity.–(1) There shall be a Chief Executive Officer
of the Food Authority, not below the rank of Additional Secretary to the Government of India, who shall
be the Member-Secretary of the Authority, to be appointed by the Central Government.
(2) The Food Auth ority may, with the approval of the Central Government, determine the number,
nature and categories of other officers and employees required to the Food Authority in the discharge of
its functions.
(3) The salaries and allowances payable to and other condi tions of service of, the Chief Executive
Officer, officers, and other employees shall be such as may be specified by regulations by the Food
Authority with the approval of the Central Government.
1. Subs.by Act 13 of 2008, s. 4, for the proviso (w.e.f. 7-2-2008).
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10. Functions of the Chief Executive Officer. –(1) The Chief Executive Officer shall be the legal
representative of the Food Authority and shall be responsible for–
(a) the day-to-day administration of the Food Authority;
(b) drawing up of proposal for the Food Authority’s work programmes in consultation with the
Central Advisory Committee;
(c) implementing the work programmes and the decisions adopted by the Food Authority;
(d) ensuring the provision of appropriate scientific, technical and administrative support for the
Scientific Committee and the Scientific Panel;
(e) ensuring that the Food Authority carries out its tasks in accordance with the requirements of
its users, in particular with regard to the adequacy of the services provided and the time taken;
(f) the preparation of the statement of revenue and expenditure and the execution of the budget of
the Food Authority; and
(g) developing and maintaining contact with the Central Government, and for ensuring a regular
dialogue with its relevant committees.
(2) Every year, the Chief Executive Officer shall submit to the Food Authority for approval–
(a) a general report covering all the activities of the Food Authority in the previous year;
(b) programmes of work;
(c) the annual accounts for the previous year; and
(d) the budget for the coming year.
(3) The Ch ief Executive Officer shall, following adoption by the Food Authority, forward, the
general report and the programmes to the Central Government and the State Governments and shall have
them published.
(4) The Chief Executive Officer shall approve all finan cial expenditure of the Food Authority and
report on the Authority’s activities to the Central Government.
(5) The Chief Executive Officer shall exercise the powers of the Commissioner of Food Safety while
dealing with matters relating to food safety of such articles.
(6) The Chief Executive Officer shall have administrative control over the officers and other
employees of the Food Authority.
11. Central Advisory Committee. –(1) The Food Authority shall, by notification, establish a
Committee to be known as the Central Advisory Committee.
(2) The Central Advisory Committee shall consist of two members each to represent the interests of
food industry, agriculture, consumers, relevant research bodies and food laboratories and all
Commissioners of Food Safety, and the Chairperson of the Scientific Committee shall be ex officio
member.
(3) The representatives of the concerned Ministries or Departments of the Central Government in
Agriculture, Animal Husbandry and Dairying, Bio -technology, Commerce and Industry, Consumer
Affairs, Environment and Forests, Food Processing Industries, Health, Panchayati Raj, Small Scale
Industries and Food and Public Distribution or government institutes or organisations and government
recognised farmers’ shall be invitees to the deliberations of the Central Advisory Committee.
(4) The Chief Executive Officer shall be ex officio Chairperson of the Central Advisory Committee.
(5) The Central Advisory Committee shall follow such rules of procedure including its transaction of
business as may be specified by regulations.
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12. Functions of Central Advisory Committee. –(1) The Central Advisory Committee shall ensure
close cooperation between the Food Authority and the enforcement agencies and organisations operating
in the field of food.
(2) The Central Advisory Committee shall advise the Food Authority on–
(a) the performance of its duties under this section and in particular in drawing up of a proposal
for the Food Authority’s work programme,
(b) on the prioritisation of work,
(c) identifying potential risks,
(d) pooling of knowledge, and
(e) such other functions as may be specified by regulations.
(3) The Central Advisory Committee shall meet regularly at the invitation of the Chairperson of
Central Advisory Committee or at the request of at least one-third of its members, and not less than three
times a year.
13. Scientific Panels.–(1) The Food Authority shall establish scientific panels, which shall consist of
independent scientific experts.
(2) The Scientific Panel shall invit e the relevant industry and consumer representatives in its
deliberations.
(3) Without prejudice to the provisions of sub -section (1), the Food Authority may establish as many
Scientific Panels as it considers necessary in addition to the Panels on:
(a) food additives, flavourings, processing aids and materials in contact with food;
(b) pesticides and antibiotics residues;
(c) genetically modified organisms and foods;
(d) functional foods, nutraceuticals, dietetic products and other similar products;
(e) biological hazards;
(f) contaminants in the food chain;
(g) labelling; and
(h) method of sampling and analysis.
(4) The Food Authority may from time to time re -constitute the Scientific Panels by adding new
members or by omitting the existing members or by changing the name of the panel as the case may be.
14. Scientific Committee.–(1) The Food Authority shall constitute Scientific Committee which shall
consist of the Chairpersons of the Scientific Panels and six independent scientific experts not belonging or
affiliated to any of the Scientific Panels.
(2) The Scientific Committee shall be responsible for providing the scientific opinions to the Food
Authority, and shall have the powers, where necessary, of organising public hearings.
(3) The Scientific Commi ttee shall be responsible for the general co -ordination necessary to ensure
consistency of the scientific opinion procedure and in particular with regard to the adoption of working
procedures and harmonisation of working methods of the Scientific Panels.
(4) The Scientific Committee shall provide opinions on multi -sectoral issues falling within the
competence of more than one Scientific Panel, and on issues which do not fall within the competence of
any of the Scientific Panels.
(5) Wherever necessary, and particularly, in the case of subjects which do not fall within the
competence of any of the Scientific Panel, the Scientific Committee shall set up working groups and in
such cases, it shall draw on the expertise of those working groups when establishing scientific opinions.
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15. Procedure for Scientific Committee and Scientific Panel. –(1) The members of the Scientific
Committee, who are not members of the Scientific Panel and the members of the Scientific Panel shall be
appointed by the Food Authority, for a period of three years, which shall be renewable for such period,
and the vacancy notice shall be published in the relevant leading scientific publications and on the Food
Authority’s website for a call for expressions of interest.
(2) The Scientific Committee and the Scientific Panel shall each choose a Chairperson from amongst
their members.
(3) The Scientific Committee and the Scientific Panel shall act by a majority of their members and the
views of the members shall be recorded.
(4) The procedure for the operation and co -operation of the Scientific Committee and the Scientific
Panel shall be specified by regulations.
(5) These procedures shall relate in particular to–
(a) The number of times that a member can serve consecutively on a Scientific Com mittee or
Scientific Panel;
(b) the number of members in each Scientific Panel;
(c) the procedure for re -imbursing the expenses of members of the Scientific Committee and the
Scientific Panel;
(d) the manner in which tasks and requests for scientific opini ons are assigned to the Scientific
Committee and the Scientific Panel;
(e) The creation and organisation of the working groups of the Scientific Committee and the
Scientific Panel, and the possibility of external experts being included in those working groups;
(f) The possibility of observers being invited to meetings of the Scientific Committee and the
Scientific Panel;
(g) The possibility of organising public hearings; and
(h) Quorum of the meeting, meeting notice, agenda of the meeting and such other matters.
16. Duties and functions of Food Authority. –(1) It shall be the duty of the Food Authority to
regulate and monitor the manufacture, processing, distribution, sale and import of food so as to ensure
safe and wholesome food.
(2) Without prejudice to th e provisions of sub -section ( 1), the Food Authority may by regulations
specify–
(a) the standards and guidelines in relation to articles of food and specifying an appropriate
system for enforcing various standards notified under this Act;
(b) the limits fo r use of food additives, crop contaminants, pesticide residues, residues of
veterinary drugs, heavy metals, processing aids, myco -toxins, antibiotics and pharmacological active
substances and irradiation of food;
(c) the mechanisms and guidelines for accre ditation of certification bodies engaged in
certification of food safety management systems for food businesses;
(d) the procedure and the enforcement of quality control in relation to any article of food
imported into India;
(e) the procedure and guidelines for accreditation of laboratories and notification of the accredited
laboratories;
(f) the method of sampling, analysis and exchange of information among enforcement authorities;
(g) conduct survey of enforcement and administration of this Act in the country;
(h) food labelling standards including claims on health, nutrition, special dietary uses and food
category systems for foods; and
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(i) the manner in which and the procedure subject to which risk analysis, risk assessment, risk
communication and risk management shall be undertaken.
(3) The Food Authority shall also–
(a) provide scientific advice and technical support to the Central Government and the State
Governments in matters of framing the policy and rules in areas which have a direct or indirect
bearing on food safety and nutrition;
(b) search, collect, collate, analyse and summarise relevant scientific and technical data
particularly relating to–
(i) food consumption and the exposure of individuals to risks related to the consumption of
food;
(ii) incidence and prevalence of biological risk;
(iii) contaminants in food;
(iv) residues of various contaminants;
(v) identification of emerging risks; and
(vi) introduction of rapid alert system;
(c) promote, co -ordinate and issue guidelines for the develo pment of risk assessment
methodologies and monitor and conduct and forward messages on the health and nutritional risks of
food to the Central Government, State Governments and Commissioners of Food Safety;
(d) provide scientific and technical advice and assistance to the Central Government and the State
Governments in implementation of crisis management procedures with regard to food safety and to
draw up a general plan for crisis management and work in close co -operation with the crisis unit set
up by the Central Government in this regard;
(e) establish a system of network of organisations with the aim to facilitate a scientific co -
operation framework by the co-ordination of activities, the exchange of information, the development
and implementation of joint projects, the exchange of expertise and best practices in the fields within
the Food Authority’s responsibility;
(f) provide scientific and technical assistance to the Central Government and the State
Governments for improving co-operation with international organisations;
(g) take all such steps to ensure that the public, consumers, interested parties and all levels of
panchayats receive rapid, reliable, objective and comprehensive information through appropriate
methods and means;
(h) provide, whether within or outside their area, training programmes in food safety and
standards for persons who are or intend to become involved in food businesses, whether as food
business operators or employees or otherwise;
(i) undertake any other task assigned to it by the Central Government to carry out the objects of
this Act;
(j) contribute to the development of international technical standards for food, sanitary and phyto-
sanitary standards;
(k) contribute, where relevant and appropriate to the development of agree ment on recognition of
the equivalence of specific food related measures;
(l) promote co -ordination of work on food standards undertaken by international governmental
and non-governmental organisations;
(m) promote consistency between international technic al standards and domestic food standards
while ensuring that the level of protection adopted in the country is not reduced; and
(n) promote general awareness as to food safety and food standards.
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(4) The Food Authority shall make it public without undue delay–
(a) the opinions of the Scientific Committee and the Scientific Panel immediately after adoption;
(b) the annual declarations of interest made by members of the Food Authority, the Chief
Executive Officer, members of the Advisory Committee and membe rs of the Scientific Committee
and Scientific Panel, as well as the declarations of interest if any, made in relation to items on the
agendas of meetings;
(c) the results of its scientific studies; and
(d) the annual report of its activities.
(5) The Food Authority may, from time to time give such directions, on matters relating to food safety
and standards, to the Commissioner of Food Safety, who shall be bound by such directions while
exercising his powers under this Act.
(6) The Food Authority shall not disclose or cause to be disclosed to third parties confidential
information that it receives for which confidential treatment has been requested and has been acceded,
except for information which must be made public if circumstances so require, in order to protect public
health.
17. Proceedings of Food Authority.–(1) The Food Authority shall meet at the head office or any of
its offices at such time as the Chairperson may dExcerpt shown. Open the full act in Lexace.