THE FOOD SAFETY AND STANDARDS
RULES, 2011


G.S.R.362(E), Whereas Central Government proposes to make draft Food Safety and Standards Rules, 2011 in exercise of the powers conferred by section 91 of Food Safety and Standards Act, 2006 (34 of 2006), read with the sections 5,7,30,36,37,38,39,40,41,43,45,46, 47,68,70, 71,73,74,75,76,77,78,8,182,83 and 84, which have been notified by the Government of India vide S.O. 1855 (E) dated 29th July, 2010, and Whereas these draft rules have been published at pages 1 to 68 in the Gazette of India Extraordinary Part II – Sec. 3 (i) dated 19th January, 2011 under the notification of Government of India in the Ministry of Health and Family Welfare no G.S.R 39 (E) dated the 19th January, 2011 inviting objections and suggestions from all persons likely to be affected thereby before the expiry of period of thirty days from the date on which the copies of the said Gazette containing the saidnotification were made available to the public;
And whereas the copies of the Gazette were made available to the public on the 20th January, 2011. And whereas objections and suggestions received from the public within the specified period on the said draft Rules have been considered by the Central Government. Now therefore, in exercise of the power conferred by section 91 of the said Act, the Central Government hereby makes the following Rules namely.—
The Food Safety and Standards Rules, 2011
CHAPTER 1
GENERAL


1.1: Title and commencement :
1.1.1: These rules may be called the Food Safety and Standards Rules, 2011.
1.1.2: They shall come into force2 after three months from the date of their publication in the official Gazette.
1.2: Definitions :
1.2.1: In these rules, unless the context otherwise requires,
1. “Act” means the Food Safety and Standards Act, 2006 (Act 34 of 2006);
2. “Adjudicating officer” means the Adjudicating Officer appointed under sub-section (1) of section 68 of the Act.
3. “Advocate” means a person who is entitled to practice the profession of law under the Advocates Act, 1961 (25 of 1961).
4. “Appellate Tribunal” means the Food Safety Appellate Tribunal constituted under section 70 of the Act.
5. “Authorised Officer” means an officer authorized by the Food Authority referred in the sub-section (5) of section 47 of the Act.
6. “Inquiry” means the inquiry referred to in section 68.7. “Licensing Authority” means the Designated Officer appointed under section 36 of the Act for the local area includes any other officer so appointed for the purpose of granting license by the Commissioner of Food Safety.
8. “Notified laboratory” means any of the laboratories notified by the Food Authority under sub-sections (1) and (2) of section 43 of the Act.
9. “Presiding Officer” means a person appointed as Presiding Officer of the Appellate Tribunal under section 70 of the Act.
10. “Referral laboratory” means any of the laboratories established and/or recognized by the Food Authority by notification under sub section (2) of section 43 of the Act.
11. “Registrar” means the Registrar of the Appellate Tribunal and includes an officer of such Appellate Tribunal who is authorized by the Presiding Officer to function as Registrar.
12. “Registry” means the registry of the Appellate Tribunal.
13. “Rules” means the Food Safety and Standards Rules, 2011.


CHAPTER 2
ENFORCEMENT STRUTURE AND PROCEDURES


2.1: Qualification and duties :
2.1.1: Commissioner of Food Safety :
1. Qualification.—No person below the rank of “Commissioner and Secretary” to State Government shall be eligible to be appointed as the Commissioner of Food Safety.
2. Powers and Duties.—Powers and duties of the Commissioner of Food Safety shall be as provided in the section 30 (2) of Food Safety and Standards Act, 2006.
2.1.2: Designated Officer :
1. Qualification.—(i) The Designated Officer shall be a whole time Officer, not below the rank of Sub-Divisional Officer or equivalent and shall possess a minimum of bachelors’ degree in Science with chemistry as one of the subjects or at least one of the educational qualifications prescribed for the Food Safety Officer under these Rules.
(ii) He Shall Undergo training as may be specified by the Food Authority, within a period of six months from the date of his appointment as Designated Officer.
(iii) (a) Persons having been appointed as food Inspector having qualification prescribed under the PFA Rules, 1955 or as Local Health Authority, shall be eligible for appointment as Designated Officer, subject to fulfilling such other conditions as may be prescribed for the post of Designated Officer by the State Government.
(b) At the time of commencement of these rules, the post of designated Officer is held by any other officer of equivalent rank as additional charge basis such other officer shall continue to hold such additional charge till such time a whole time Designated Officer is appointed or for a period of one year whichever is earlier.
2. Powers and duties:—(i) The powers and duties of the Designated Officer shall be as mentioned in section 36 (3) of FSS Act, 2006.
(ii) The Designated officer shall function under overall supervision of collector/ District Magistrate of the District.
(iii) The Designated Officer shall, in addition to the powers specified in Section 36 (3) of FSS Act, 2006, also ensure the refund of fee for analysis paid by the purchaser as per the provision of Section 40 (1), besides the cost of the sample.
(iv) The Designated Officer shall ensure timely disposal of redundant samples, in the manner notified for the seized materials, by the Commissioner of Food Safety.
(v) Without prejudice to anything contained in the aforesaid Rules, the Designated Officer shall have all administrative powers which may include suspension, cancellation or revocation of the license of the Food Business Operator in case any threat or grave injury to public, has been noticed in the report of the Food Analyst, Provided that while taking such administrative action the procedure described in the Act and Regulations shall be followed.
2.1.3: Food Safety Officer :
1. Qualification.—Food Safety Officer shall be a whole time officer and shall, on the date on which he is so appointed, possesses the following:
(i) a degree in Food Technology or Dairy Technology or Biotechnology or Oil Technology or Agricultural Science or Veterinary Sciences or Bio-Chemistry or Microbiology or Masters Degree in Chemistry or degree in medicine from a recognized University, or
(ii) any other equivalent/recognized qualification notified by the Central Government, and
(iii) has successfully completed training as specified by the Food Authority in a recognized institute or Institution approved for the purpose.
Provided that no person who has any financial interest in the manufacture, import or sale of any article of food shall be appointed to be a Food Safety Officer under this rule.
2. On the date of commencement of these Rules, a person who has already been appointed as a Food Inspector under the provisions of Prevention of Food Adulteration Act, 1954, may perform the dutiesof the Food Safety Officer if notified by the state/Central government if the officer fulfils such other conditions as may be prescribed for the post of Food Safety Officer by the State Government.
3. State Government may, in cases where a Medical Officer of health administration of local area has been performing the function of food Inspector under the Prevention of Food Adulteration Act, 1954, assign the powers and duties of Food Safety Officer to such Medical Officer in charge of health administration of that area.
Provided further that the persons appointed under clauses 2 and 3 above, shall undergo a specialized training laid down by the Food Authority within a period of two years from the commencement of these rules.
4. Powers and Duties.—(i) Without prejudice to the powers conferred on him under section 38 of the Act, where the Food Safety Officer is of the opinion or he has reason(s) to be recorded in writing that in the given situation it is not possible to comply with the provision of section 38 (1) (c) or the proviso to section 38(1) for reasons like non availability of the Food Business Operator, the Food Safety Officer may seize the adulterant or food which is unsafe or sub-standard or mis-branded or containing extraneous matter, may seal the premises for investigation after taking a sample of such adulterant or food for analysis.
(ii) Where the Food Safety Officer is of the opinion or he has reason(s) to believe that any person engaged in selling, handling or manufacturing any article of food is suffering from or harbouring the germs of any infectious disease, he may cause such person to be examined by a qualified medical professional duly authorized by the Designated Officer.
Provided that where such person is a female, she shall be examined by a qualified lady medical professional duly authorized by the Designated Officer.
If on such examination, the qualified medical professional certifies that such person is suffering from any such disease, the Food Safety Officer may by order in writing under intimation to the Designated Officer, direct such person not to take part in selling or manufacturing any article of food.
(iii) Furthermore, it shall be the duty of the Food Safety Officer
(a) To inspect, as frequently as may be prescribed by the Designated Officer, all food establishments licensed for manufacturing, handling, packing or selling of an article of food within the area assigned to him;
(b) To satisfy himself that the conditions of licenses are being complied with by each of the Food Business Operators carrying on business within the area assigned to him and report to the Designated Officer;
(c) To procure and send for analysis if necessary, samples of any article of food which he has reason to believe or on the basis of information received including from a purchaser are being manufactured, stocked or sold or exhibited for sale in contravention of the provisions of the Act, or rules and regulations framed thereunder
(d) To draw samples for purposes of surveillance, survey and research, which shall not be used for prosecution
(e) To investigate any complaint which may be made to him in writing in respect of any contravention of the provisions of the Act, or rules framed thereunder;
(f) To maintain a data base of all Food Businesses within the area assigned to him;
(g) To recommend to Desiganted Officer issue of improvement notices to the Food Business Operator whenever necessary;
(h) To maintain a record of all inspections made and action taken by him in the performance of his duties, including the taking of samples and seizure of stocks, and to submit copies of such records to the Designated Officer as directed in this regard;
(i) To make such inquiries and inspections as may be necessary to detect the manufacture, storage or sale of articles of food in contravention of the Act or rules framed thereunder;
(j) To stop and inspect any vehicle suspected to contain any unsafe food or food which does not comply with the provisions of this Act and rules, intended for sale or delivery for human consumption;
(k) To recommend to the Designated Officer giving specific grounds, suitable action in regard to licenses issued to any Food Business Operator, if on inspection the Food Safety Officer finds that the Food Business Operator had violated the conditions for grant of license;
(l) To carry out food safety surveillance to identify and address the safety hazards.
(m) To respond to incidents of food poisoning in his area and to send report to and assist the Designated Officer to enable him to initiate corrective action;
(n) To facilitate preparation of Food safety plans for Panchayats and Municipalities in accordance with the parameters and guidelines given in schedule IV of Chapter 3 of Regulations.
(o) To detain imported packages which are suspected to contain articles of food, the import or sale of which is prohibited;
(p) To co-ordinate with the Food Business Operators within his area of operation and facilitate the introduction of food safety systems by the Food Business Operators.
(q) To perform such other duties, as may be entrusted to him by the Designated Officer or Food Safety Commissioner having jurisdiction in the local area concerned.
2.1.4: Food Analyst :
1. Qualification.—A person shall not be qualified for appointment as Food Analyst under the Act unless she/he :—
(i) Holds a Master’s degree in Chemistry or Biochemistry or microbiology or Dairy Chemistry or Food Technology, Food and Nutrition or holds Bachelor of Technology in Dairy/Oil or holds degree in Veterinary Sciences from a university established in India by law or is an associate of the Institution of Chemists (India) by examination in the section of Food Analysts conducted by the Institution of Chemists (India) or any other equivalent qualification recognized and notified by the Central government for such purposes and has not less than three years experience in the analysis of food; and
(ii) Has been declared qualified for appointment as a Food Analyst by a board appointed and notified by the Authority Notwithstanding anything contained above,
(a) any person who has been declared qualified for appointment as Public Analyst by the board constituted under Prevention of Food Adulteration Act, 1954 shall also be eligible for holding the post of Food Analyst.
(b) any person who is a Public Analyst under the provisions of Prevention of Food Adulteration Act, 1954 on the date of commencement of these Rules, may hold office of the Food Analyst subject to the terms and conditions of service applicable to such person .
(iii) A person appointed as Food Analyst shall undergo all specialized training programmes specified by the Food Authority periodically.
2. Duties:
(i) The Food Analyst shall analyse or cause to be analysed the article of food sent to him for analysis. In analyzing the article of food, the Food Analyst shall follow such instructions and shall adhere to such procedure as adopted by the Food Authority from time to time. The report of analysis shall be signed by the Food Analyst.
(ii) After completion of analysis of article of food, the Food Analyst shall send his report to the Designated Officer, the Purchaser of article of food, as the case may be, in Form VII A.
2.2: Procedure of taking extracts of documents and matters connected therewith
2.2.1: Manner of taking extracts :
1. Where the Food Safety Officer has seized any books of account and other relevant documents in exercise of powers conferred upon him under sub-section (6) of section 38 of the Act, he shall return the same to the person from whom they were seized within a period not exceeding thirty days from the date of such seizure :
Provided that before returning the books of account and other relevant documents, the

Food Safety Officer shall be entitled for copies thereof or extracts there from, as the case may be.
2. On receipt of such communication from the Food Safety Officer, the person from whom the books of account and documents were seized shall provide the copies or extracts as the case may be, duly authenticated by the Food Business Operator.
3. The extracts shall be taken by the Food Safety Officer or by any person authorized by him.
4. The person making the extracts shall not in any manner cause dislocation, mutilation, tampering or damage to the records in the course of making extracts.
5. The person making extracts shall not make any marking on any record or paper.
2.2.2: Affidavit
1. The extracts or the copies referred to in Rule 2.2.1 above, shall be initialed on each page of such extracts or copies by the person from whom the books of account and other documents were seized and such extracts or copies so authenticated shall be provided to the Food Safety Officer, accompanied by an Affidavit in Form I of the person from whom the books of account and other documents were seized, certifying the authenticity of such extracts or copies.
2.3: Seizure of articles of food by the Food Safety Officer and matters connected therewith
2.3.1: Form of receipt for article of food seized by a FoodSafety officer.—For every article of food seized under clause (b) ofsub-section 1 of Section 38 of the Act, a receipt in Form II shall be given by the Food Safety Officer to the person from whom the article of food was seized.
2.3.2: Form of order/bond not to dispose of the stock:.— Where the Food Safety Officer keeps any article of food in the safe custody of the Food Business Operator under clause (c) of sub-section (1) of Section 38 of the Act.
(1) he shall, after affixing the seal, on the article of food, make an order to the Food Business Operator in Form III and the Food Business Operator shall comply with such an order, and
(2) he may require the Food Business Operator to execute a bond in Form IV.


2.4: Sampling and Analysis


2.4.1: Procedure for taking sample and manner of sending it foranalysis.—The Food Safety Officer while taking sample of food for analysis under clause A of Sub Section 1 of Section 38 and Section 47 (except 47 (5)) of the Act, shall also follow the procedure specified hereunder.—
1. shall call one or more witnesses at the time of lifting of the samples;
2. obtain the signatures from the witnesses in all the forms and documents prepared;
3. serve the notice in Form V-A to the business operator then and there;
4. in case the food business operator discloses that the product has been obtained from the manufacturer, the distributor or supplier, a notice shall also be given to such manufacturer, distributor or supplier,
5. in case where the sample is drawn from an open container, theperson drawing the
sample shall also draw a sample from a container in original condition of the same article bearing the same declaration, if such container is available, and intimate the same to the Food Analyst.
6. where a Food Safety Officer or the purchaser takes a sample of an article of food for analysis, he shall pay, the cost of such sample, to the person from whom the sample is taken, calculated at the rate at which the article is sold to the public.
7. sample of article of Food for the purpose of analysis shall be taken in clean dry bottles or jars or in other suitable containers which shall be closed to prevent leakage, evaporation or to avoid entrance of moisture in case of dry substance and shall be carefully sealed.
Provided, if a sealed package marketed by the manufacturer/Food Business Operator is taken as sample, further sealing in separate containers will not be required.
8. All bottles or jars or other containers containing the samples for analysis shall be properly labeled and the parcel shall be properly addressed. The label on any sample of food sent for analysis shall bear
I. Code number of the sample
II. Name of the sender with his official designation
III. Date and place of collection
IV. Nature of articles being sent for analysis
V. Nature and quantity of preservative, if any, added to the sample.
9. The samples will be packed and sealed in the manner prescribed hereunder:
(i) Sample shall be divided into four parts or take four already sealed packages and mark and seal or fasten up each part in such a manner as its nature permits and take the signature or thumb impression of the person from whom the sample has been taken on the label mentioned in 2.4.1.8
(ii) The stopper/cap shall first be securely fastened so as to prevent leakage of the contents in transit
(iii) The bottle, jar or other container shall then be completely wrapped in fairly strong thick paper. The ends of the paper shall be neatly folded in and affixed by means of gum or other adhesive.
(iv) A paper slip of the size that goes round completely from the bottom to top of the container, bearing the signature of the Designated Officer or any officer authorized by Food Safety commissioner and code number of the sample, shall be pasted on the wrapper. The signature or thumb impression of the person from whom the sample has been taken, shall be affixed in such a manner that the paper slip and the wrapper both carry a part of this signature or the thumb impression.
Provided that in case the person from whom the sample is taken refuses to affix his signature or thumb impression, the signature or thumb impression of one or more witnesses shall be taken in the same manner Provided further that in case the paper slip containing the signature of the Designated Officer is of such a size that it does not cover completely from
the bottom to the top of the container, the Food Safety Officer shall affix additional sheets of paper to the slip containing the signature of the Designated Officer so as to cover the container completely and the Food Safety Officer shall affix his signature on each of the joints for the purpose of identification.
Provided also further that where the purchaser or an Authorized Officer draws the sample no such paper slip shall be required to be affixed.
(v) The paper cover shall be further secured by means of strong twine or thread both above and across the bottle, jar or other container and the twine or thread shall then be fastened on the paper cover by means of sealing wax on which there shall be distinct and clear impression of the seal of the sender, of which one shall be at the top of the packet, one at the bottom and the other two on the body of the packet. The knots of the twine or thread shall be covered by means of sealing wax bearing the impression of the seal of the sender.
10. The containers of the samples shall be dispatched forthwith in the following manner
(i) the sealed container of one part of the sample for analysis along with memorandum in Form VI shall be sent in a sealed packet to the Food Analyst under appropriate
condition to retain the integrity of the sample.
(ii) the sealed container of the second and third parts of the sample and two copies of memorandum in Form VI shall be sent to the Designated Officer by any suitable means and
(iii) the sealed container of the remaining fourth part of the sample and a copy of memorandum in Form VI shall be sent to an accredited laboratory along with fee prescribed by the Authority, if so requested by the Food Business Operator, under intimation to the Designated Officer Provided that fourth part also shall be deposited with Designated Officer if Food business Operator does not request to send the sample to an accredited lab.
(iv) for lifting a sample for testing microbiological parameters, the method of lifting sample, type of container, temperature to be maintained, method of transportation and any other condition to maintain the integrity of the sample shall be notified by the Food Authority from time to time.
11. The Food Safety Officer shall send to the Food Analyst to whom the sealed container of first part of the sample was sent, a copy of the memorandum and specimen impression of the seal used to seal the packet and the same shall be sent forthwith.
12. The Food Safety Officer or the Authorized Officer, while taking sample for the purpose of analysis under the provisions of the Act except in the case where the sample is meant for microbiological testing/analysis, may add to the sample, a preservative as may be prescribed from time to time in the regulations for the purpose of maintaining it in a condition suitable for analysis.
13. Whenever any preservative is added to a sample, the nature andquantity of the preservative added shall be clearly noted on the label to be affixed to the container.
14. The quantity of sample of food to be sent to the Food Analyst /Referral lab for analysis shall be as specified in regulations by the Food Authority:
Explanation.— Foods sold in packaged condition (sealed container or package) shall be sent for analysis in its original condition without opening the package as far as practicable, to constitute approximate quantity along with original label. In case of bulk packages, wherever preservatives are to be added as per the requirement under these rules, the sample shall be taken after opening sealed container or package in the presence of the Food Business Operator or in case of his refusal, in the presence of one or more witnesses and the contents of the original label shall also be sent along with the sample for analysis. However, such samples shall not be used for microbiological analysis
15. Where food is sold or stocked for sale or for distribution in sealed containers having identical label declaration, the contents of one or more of such containers as may be required to satisfy the quantity prescribed, shall be treated to be a part of the sample.
16. The quantity of sample of food packaging material to be sent to the Food Analyst /Director of referral lab for analysis shall be as specified below : —
Name of food packaging Approximate quantity/surface
material area to be supplied
1. Food packaging material when 8 x 1000 x 9 sq.cm. surface area.”
sample is taken from manufacturer.
2. When sample is taken from small Complete packaging material
consumer packages. used for one container.

17. Notwithstanding anything contained in Rule 2.4.1 (15) the quantity of sample sent for analysis shall be considered as sufficient unless the Food Analyst reports to the contrary.
For the purpose of the Rule 2.4.1, if the sample is taken for Surveillance purposes, the procedure illustrated under this rule shall not be followed
2.4.2. Analysis of food samples by Food Analyst
1. On receipt of the package containing a sample of food for analysis, the Food Analyst or an officer authorized by him shall compare the seals on the container and the outer cover with specimen impression of seal received separately and shall note the condition of the seal thereon.
2. Food laboratories including mobile food laboratories wherever required, may be established or notified by the Central/State Government for the purpose of testing food samples received from the Food Safety Officer/purchaser.
3. If the sample container received by the Food Analyst is found to be in broken condition or unfit for analysis, he shall, within a period of seven days from the date of receipt of such sample, inform the Designated Officer about the same and request him to send the second part of the sample for analysis.
4. On receipt of requisition from the Food Analyst pursuant to Rule 2.4.2 (3) the Designated Officer, shall by the succeeding working day, dispatch to the Food Analyst for analysis one part of the samples sent to him by the Food Safety Officer.
5. On receipt of the sample, the Food Analyst shall analyse or cause to be analysed the sample and send the analysis report mentioning the method of analysis. The analysis report shall be as per Form VII A and four copies of the same shall be sent to the Designated Officer under whose jurisdiction the Food Safety Officer functions or the purchaser of article of food. The analysis report shall be signed by the Food Analyst and such report shall be sent
within fourteen days of the receipt of the sample by the Food Analyst.
6. The Designated Officer shall keep two copies of analysis report for further action, one copy shall be sent to Food Safety Officer for record and one copy to Food business Operator from whom the sample was taken.
Provided that in case the sample cannot be analysed within fourteen days of its receipt, the Food Analyst shall inform the Designated Officer and the Commissioner of Food Safety giving reasons and specifying the time to be taken for analysis.
7. The manuals of the method of analysis, as amended/adopted by the Authority from time to time including AOAC/ ISO/Pearson’s/Jacob/IUPAC/Food Chemicals CODEX/BIS/Woodmen/Winton-Winton/Joslyn, shall be used for analyzing the samples of food articles. However, in case the method for analyzing any parameter is not available in these manuals, a validated method of analysis prescribed by internationally recognized/analytical/regulatory agencies, shall be adopted
2.4.3: Action by Designated Officer on the report of Food Analyst.
If, after considering the report, the Designated Officer is of the opinion for reason(s) to be recorded in writing, that the report delivered by the Food Analyst under Rule 2.4.2 (5) is erroneous, he shall forward one of the parts of the sample kept by him to referral laboratory, for analysis and if the analysis report of such referral laboratory is to the effect that the article of food is unsafe or substandard or mis-branded or containing extraneous matter, the provisions of Rule 3.1 shall, so far as may be, apply.
2.4.4: Purchasers may have the food analysed
1. A Purchaser of food article may, if he so desires, have the article analysed by the Food Analyst according to the procedure notified by the Food Authority.
2. If the Purchaser desires to have the food article purchased by him to be analysed by the Food Analyst, he shall give a notice in writing, then and there, in Form V B of his intention to have it so analysed to the person from whom he has purchased the food article.
3. The provisions of Rule 2.4.1 shall mutatis mutandis apply except 2.4.1 (9) (i, iv) , 10 (ii, iii), 11, and 16 and with the modification that the samples shall be divided into two parts or two already sealed packages will be taken each of which will be marked and sealed or fastened up in such a manner as its nature permits and the signature or thumb impression of the person from whom the sample has been taken or a witness will be affixed on the label mentioned in 2.4.1 (8). The purchaser will forward one part of the sample to the Food Analyst and the other to the Designated Officer which can be used in the event of appeal by the Food Business Operator against the finding of the report of the Food Analyst.
4. The Purchaser shall pay the prescribed fee to the Food Analyst for carrying out the analysis.
5. The Food Analyst shall send to the Purchaser his report on analysis of the article of food and if the finding of the report is to the effect that the article of food is adulterated/misbranded/contaminated or does not conform to the standards prescribed under the Act or the Regulations, the Food Analyst shall also send his report in triplicate, to the Designated Officer of the area in which the article of food was purchased, besides sending a copy of the Report to the Purchaser.
6. The report of the Food Analyst shall be sent within 14 days of the receipt of the article of food for analysis and such report shall be in Form VII A.
2.4.5: Food business operator’s right to have the food analysed:
1. In case the Food business operator from whom the sample has been taken or the person whose name and address and other particulars have been disclosed under Rule 2.5 of these rules, desires to have the fourth part of the sample analysed, he shall request the Food Safety Officer in writing to send the sample to any NABL accredited/FSSAI notified laboratory for analysis under intimation to the Designated Officer.
2. The Food Safety Officer shall send the sample to a NABL accredited/FSSAI notified laboratory, under intimation to the Designated Officer forthwith, in the manner prescribed under Rule 2.4.1.
Provided that the cost of testing by the accredited lab will be borne by the Food Business Operator or the person identified under Rule 2.5. The payment shall be made by the Food Business Operator through Bank draft or online transfer or treasury chalan or any other suitable means as specified by the Designated Officer.
Provided further that the Accredited lab where the Food Safety Officer will send the sample, should be within the state or the neighboring state wherever available
3. The Food Analyst in-charge of the accredited laboratory shall analyse the sample within fourteen days from the date of the receipt of the sample:
Provided that in case the sample cannot be analysed within fourteen days from the date of its receipt, the Food Analyst/incharge of the accredited laboratory, shall inform the Designated Officer and the Commissioner of Food Safety giving reasons and specify the time to be taken for analysis.
4. The Food Analyst shall send four copies of the analysis report to theDesignated Officer, in the proforma given in Form VII A, indicating the method of analysis.
2.4.6: Appeal to the Designated Officer
1. When an appeal as provided under sub-section 4 of section 46 is preferred to the Designated Officer by the Food Business Operator against the report of the Food Analyst, the Designated Officer, shall if he so decides, within thirty days from the receipt of such appeal after considering the material placed before him and after giving an opportunity to Food Business Operator to be heard shall forward one part of the sample to the referral lab, such appeal shall be in Form VIII which shall be filed within 30 days from the date of the receipt of the copy of the analysis report from the Designated Officer. Report of the referral laboratory shall be final in this regard.
The Designated Officer shall forward one part of the the sample under appropriate condition as specified for the product including transport, to retain the integrity of the sample. The cost of analysis of the sample shall be borne by the Food Business Operator The remaining samples will also be safely kept under appropriate conditions to prevent deterioration.
2.5: Nomination by the company in the prescribed proforma:
2.5.1: The company which is having different establishments or branches, units, any establishment or branch shall inform the Licensing authority in Form IX, the particulars relating to the concerned head or the person in-charge of such establishment, branch, unit, with due certification that the concerned person has been so nominated for the purposes of the section 66 of the Act and regulations made under section 31 of the Act.
2.5.2: The Company shall also intimate to the Licensing Authority, as and when any change occurs in the nomination given in Rule 2.5.1above forthwith, in Form IX


CHAPTER 3
ADJUDICATION AND APPEAL TO TRIBUNAL


3.1: Adjudication proceedings:
3.1.1: Holding of inquiry
1. On receipt of the copy of the report of Food Analyst in Form VII Afrom the Designated Officer, the person from whom the sample was taken or the persons, whose names and addresses and other particulars have been disclosed under Rule 2.5 of these rules or wholesaler or manufacturer has preferred an appeal against the findings of the report of the Food Analyst before the Designated Officer in terms of sub-section (4) of section 46 of the Act and the same has been dismissed, or the referral laboratory has, pursuant to the reference made by the Designated Officer in terms of subsection (4) of section 46 of the Act confirmed the findings of the Food Analyst in his report, or if no appeal has been preferred, the Designated Officer shall examine the case on the basis of the sections under which the person has been charged as to whether the contravention is punishable with imprisonment or the same is punishable with fine only under the Act. However, if no contravention is established and the sample conforms to the requirement of FSS regulations, the same will be communicated to the Food Business Operator immediately.
2. If the Designated Officer decides that such contravention is not punishable with imprisonment but only with fine under the provisions of the Act, he shall cause and authorize the Food Safety Officer to file with the Adjudicating Officer an application for adjudication of the offence alleged to have been committed by the person from whom the food sample has been taken or the person whose name and address and other particulars have been disclosed under Rule 2.5 of these rules and/or the seller or manufacturer of the food item in respect of which the report has been received.
3. On receipt of the communication from the Designated Officer authorizing the filing of the adjudication application, the Food Safety Officer shall file the application for adjudication with the Adjudicating Officer for adjudication of the offence/contravention alleged to have been committed.
4. On receipt of the application for adjudication from the Food Safety Officer, the Adjudicating Officer shall commence the inquiry proceedings.
5. The Adjudicating Officer shall have power to hold an inquiry for purpose of adjudicating offences punishable under sections 50, 51,52, 53, 54, 55, 56, 57, 58, 64, 65, 66 and 67 of the Act.
6. For holding an inquiry for the purpose of adjudication under section 68 of the Act as to whether any person(s) has/have committed contravention of any of the provisions of the Act referred to in Rule 3.1.1.(5) herein or the rules or regulations in respect of which the offence is alleged to have been committed, the Adjudicating Officer shall, in the first instance, issue a notice to such person or persons giving him or them an opportunity to make a representation in the matter within such period as may be specified in the notice (not being less than 30 days from the date of service thereof).
7. Every notice under Rule 3.1.1.(6) to any such person shall indicate the nature of offence alleged to have been committed by him or them, the section(s) of the Act alleged to have been contravened, and the date of hearing of the matter. A copy of the report of the Food Analyst shall also be annexed to such notice.
8. On the date fixed for hearing, the Adjudicating Officer shall explain to the person or persons proceeded against or to his authorized representative, the offence alleged to have been committed by such person, indicating the provision of the Act, rules or regulations in respect of which the contravention is alleged to have taken place.
9. The Adjudicating Officer shall then give an opportunity to such person or persons to produce such documents or evidence as he may consider relevant to the inquiry and if necessary the hearing may be adjourned to a future date Provided that the notice referred to in Rule 3.1.1. (6) may, at the request of the person concerned, be waived.
Provided further that the Adjudicating Officer shall pass the final order within 90 days from the date of first hearing mentioned in Rule 3.1.1 (8) above.
10. The State Government may appoint a presenting officer from amongst the panel of advocates of the court of local jurisdiction, in an inquiry under this rule.
11. While holding an inquiry under this rule, the Adjudicating Officer shall have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which, in the opinion of the Adjudicating Officer may be useful for or relevant to, the subject matter of the inquiry.
12. If any person fails neglects or refuses to appear as required by Rule 3.1.1 (6&7) before the Adjudicating Officer, the Adjudicating Officer may proceed with the inquiry in the absence of such person, after recording the reasons for doing so.
3.1.2: Order of the Adjudicating Officer and matters relating thereto
1. If, upon consideration of the evidence produced before the Adjudicating Officer, the Adjudicating Officer is satisfied that the person or persons or any of them against whom the inquiry has been conducted, has become liable for penalty and/or any suitable administrative action under any of the sections referred to in Rule 3.1.1. (5) he may, by order in writing, impose such penalty as he thinks fit, in accordance with the provisions of the relevant section or sections of the Act.
2. If however, the Adjudicating Officer is satisfied that the person or persons or any of them against whom the inquiry has been conducted for the contravention of provisions of the Act, has or have not been proved beyond doubt, the Adjudicating Officer shall dismiss the case.
3. Every order made under Rule 3.1.2. (1) shall specify the provisions of the Act or the rules or the regulations in respect of which the offence has taken place and shall contain brief reasons for such decision. While imposing monetary penalty, the Adjudicating Officer shall have due regard to the provisions of section 49 of the Act. Such penalty will be remitted in the form of a crossed demand draft drawn on a nationalized bank in favour of “Adjudicating
Officer, …….District” payable at thestation where the Adjudicating officer is located.
4. Every such order shall be dated and signed by the Adjudicating Officer.
5. The Adjudicating Officer shall send a copy of the order made under Rule 3.1.2 to the person or persons against whom the inquiry was conducted and the Food Safety Officer who has filed the application for adjudication.
6. A notice or an order issued under these rules shall be served on the person or the persons against whom the adjudication proceedings were held or inquiry has been conducted, in any of the following manner:
(i) by delivering or tendering it to that person or his duly authorized representative; or
(ii) by sending it to the person by registered post with acknowledgement due to the address of his place of residence or his last known place of residence or the place where he carried on or last carried on, business or personally works or last worked for gain; or
(iii) if it cannot be served in the manner specified under Rule 3.1.2 (6) (i) or (ii) by affixing it on the outer door or some other conspicuous part of the premises in which that person resides or is known to have last resided or carried on business or personally works or has worked for gain and written report thereof should be witnessed by two persons.
3.2: Appellate Tribunal :
3.2.1 Qualification and terms of office of Presiding Officer of an Appellate Tribunal
1. No person shall be qualified for appointment as a Presiding Officer of an Appellate Tribunal unless he is or has been a District Judge 31 and has not attained the age of 65 years on the date of appointment.
2. The Presiding Officer shall be selected by the State Government in which the Appellate Tribunal is located. The selection panel shall consist of three persons, one being a serving Judge of the High Court in which the Appellate Tribunal is located, the Law Secretary of the State Government and the Secretary of the concerned department of the State Government.
3. The panel’s recommendation shall be decided by the majority of the members constituting the panel. The panel shall send its recommendation to the State Government, which will then take such steps as may be necessary to notify the appointment of the Presiding Officer. If there are more than one candidate which the panel has recommended for appointment, the panel shall rank the candidates in the order of their merit.
3.2.2: Terms and conditions of service of Presiding Officer
1. Term of office.—The Presiding Officer of the Appellate Tribunal shall hold office for a term of five years from the date on which he assumes office or until he attains the age of 65 years, whichever is earlier.
Filling of vacancy.— If for reason other than temporary absence, any vacancy occurs in the office of the Presiding Officer of the Appellate Tribunal, then the Central Government or the State Government, as the case may be, shall appoint another person in accordance with the provisions of the Act to fill the vacancy and the proceedings may be continued before the Appellate Tribunal from the stage at which the vacancy occurred. 32
2. Salary and allowances of Presiding Officer.—The Presiding Officer of Appellate Tribunal shall be paid such salary as admissible to a serving District Judge of the State in which the Appellate Tribunal is located. Provided that if the Presiding Officer is in receipt of any retirement benefit by way of pension, gratuity, employer’s contribution to Contributory Provided Fund, etc. the pay of such Presiding Officer shall be reduced by the gross amount of pension or employer’s contribution to the Contributory Provided Fund or any other form of retirement benefit, if any, drawn or to be drawn by him.
(i) Travelling Allowance.— The Presiding Officer while on tour or on transfer (including the journey undertaken to join the Appellate Tribunal or on the expiry of his term with the Appellate Tribunal to proceed to his home town) shall be entitled to traveling allowance, daily allowances, transportation of personal effects and other similar matters at the same scale and at the same rates as are applicable to a District Judge of the State in which the Appellate Tribunal is located.
(ii) Leave Travel Concession.—The Presiding Officer shall be entitled to Leave Travel Concession at the same rates and at the same scale as are applicable to a District Judge of the State in which the Appellate Tribunal is located
(iii) Conveyance: The Presiding Officer shall be entitled to a staff car as applicable to a District Judge.
(iv) Facilities of Medical Treatment.— The Presiding Officer of the Appellate Tribunal shall be entitled to medical treatment and hospital facilities as provided in the Service Rules as are 33 applicable to a District Judge in the state in which the Appellate Tribunal is located.
3. Resignation and removal.— The Presiding Officer of the Appellate Tribunal may, by a notice in writing under his hand addressed to the Central Government or the State Government, as the case may be, which has appointed him, resign from his office. The Central Government or the State Government, as the case may be, remove from office, the Presiding Officer of the Appellate Tribunal, who
(i) has been adjudged as insolvent
(ii) has been convicted of an offence which in the opinion of the Central Government or the State Government, as the case may be, involves moral turpitude.
(iii) has become physically or mentally incapable of acting as the Presiding Officer (iv) has acquired such financial or other interest as is likely to affect prejudicially his functions as the Presiding Officer.
(v) has so misbehaved or abused his position as to render his continuance in office prejudicial to the public interest.
Provided however that the Presiding Officer shall not be so removed from his office for reasons mentioned in iv and vexcept by an order of the Central Government or theState Government, as the case may be, after an inquiry made by a serving or retired Judge of a High Court in which the Presiding Officer has been informed of the charges against him and given a reasonable opportunity of being heard in respect of the charges and the person conducting the enquiry files a report that the Presiding Officer ought to be removed.
Whereas in respect of i, ii, and iii the decision of the Government shall be based on convincing evidence or documentary proof on the basis of a speaking order.
4. Residuary powers and power to relax rules
(i) Residuary Powers.—Matters relating to the conditions of service of the Presiding Officer with respect to which no express provision is made in these rules, shall be referred, in each case to the Central Government or the State Government as the case may be for its decision and the decision of the Central Government or the State Government thereon shall be binding on the Presiding Officer.
(ii) Power to relax.— The Central Government or the State Government as the case may be, shall have the power to relax the provision of any of these rules relating to Presiding Officer.
3.3: Procedure for Appeal to Appellate Tribunal and Connected matters therewith
3.3.1 Appeal to Appellate tribunal
1. Limitation for filing appeal.—Every appeal under section 70 of the Act, arising out of a decision of the Adjudicating Officer appointed under section 68 of the Act, shall be filed within a period of 30 days from the date on which the copy of the order against which the
appeal is filed, is received by the appellant.
Provided however that the Appellate Tribunal may allow a maximum of another 30 days to entertain an appeal if it is satisfied that there was sufficient cause for not filing the appeal within first 30 days.
2. Form and procedure of appeal
(i) A memorandum of appeal shall be presented in Form X by any aggrieved person in the registry of the Appellate Tribunal or shall be sent by registered post addressed to the Registrar.
(ii) A memorandum of appeal sent by post shall be deemed to have been presented in the registry on the day it is received in the registry.
3. Contents of Memorandum of Appeal
(i) Every Memorandum of Appeal filed under Rule 3.3.1 (2) shall set forth concisely under distinct heads, the grounds of such appeal and such grounds shall be numbered consecutively.
(ii) It shall not be necessary to present separate memorandum of appeal to seek interim order or direction, if the same is prayed for in the Memorandum of Appeal.
4. Manner of presentation of appeal or application or petition
(i) Every appeal or petition or application presented to the Appellate Tribunal shall be in English or the local language of the state and shall be fairly and legibly type written or printed, in double spacing on one side of standard petition paper, duly paginated, indexed and stitched together in paper book form.
(ii) Appeal or petition or application shall be divided into paragraphs and shall be numbered consecutively.
5. Initialing alteration
Every interlineations erasing or correction or deletion in any appeal or petition or application filed before the Appellate Tribunal shall be initialed by the party or his authorized agent in writing or the party’s advocate presenting the same.
6. Presentation of appeal, petition or application :
(i) Every appeal, petition or application shall be presented in triplicate by the appellant or the petitioner or the applicant, as the case may be, in person or by his duly authorized agent in writing or by an advocate duly appointed in this behalf and shall be accompanied, wherever applicable, with the stipulated fee.
(ii) Every appeal shall be accompanied by the certified copy of the impugned order.
7. Scrutiny of memorandum of appeal
(i) The Registrar shall endorse on every appeal the date on which it is presented under Rule 3.3.1 or deemed to have been presented under that rule and shall sign endorsement.
(ii) If on scrutiny, the appeal is found to be in order, it shall be duly registered and given a serial number.
(iii) If on scrutiny, the appeal or petition or application is found to be defective, the same shall, after notice to the party, be returned for compliance and if within 21 days of receipt of such notice or within such extended time as may be granted by the Registrar, the defect is not rectified, the Registrar, may, for reasons to be recorded in writing, decline to register the appeal or petition or application.
8. Ex-parte amendments
(i) In every appeal or petition or application, arithmetical, grammatical, clerical and such other errors may be rectified on the orders of the Registrar under notice to the parties.
9. Service of appeal on the respondent
A copy of the Memorandum of Appeal and the paper book shall be served by the Registrar on the Respondent as soon as they are registered in the registry, by hand delivery or by Registered post or speed post
10. Calling for records.—On the admission of the appeal or the application or petition, the Registrar shall, if so directed by the Appellate Tribunal, call for the records relating to the proceedings from the respective Adjudicating Officer and re-transmit the same at the conclusion of the proceedings or thereafter.
11. Reply to the appeal by the Respondent
(i) Respondent may, within 30 days of service of notice of appeal file with the registry three complete sets containing reply to the appeal along with the documents in a paper book form.
(ii) A copy of every reply and a copy of every document/material annexed to the reply, relied on by the Respondent, shall be served on the appellant by the respondent.
12. Fee
(i) Every Memorandum of appeal shall be accompanied with a fee provided in sub-rule (ii) and such fee shall be remitted in the form of crossed demand draft drawn on a nationalized bank in favour of “Registrar, Food Safety Appellate Tribunal” payable at the station where the Appellate Tribunal is located.
(ii) The amount of fee payable in respect of appeal against adjudication orders passed under section 68 of the Act shall be as follows: Sl No.Amount of penalty imposed Amount of fee payable
1. Less than Rupees10,000/- Rs. 500/-
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