THE FOOD SAFETY AND STANDARDS ACT, 2006

(101 Sections, 12 Chapters and 2 Schedules)

Section 3 (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.

Section 3 (g): A "contaminant" refers to any substance that is added or not added to food but
present due to various factors such as production processes (like farming or animal care),
manufacturing, processing, packaging, transport, or environmental pollution. However, it does
not include things like insect parts, rodent hairs, or other foreign objects.

Section 3 (f): The definition of "food" provided in the text is broad and encompasses various
substances intended for human consumption. It includes:

 Processed, partially processed, or unprocessed substances that are meant for eating.
 Primary food (likely basic, unprocessed food items like raw fruits, vegetables, etc.).
 Genetically modified or engineered foods or foods containing such ingredients.
 Infant food, packaged drinking water, alcoholic drinks, and chewing gum.
 Water used in food production (during its manufacture, preparation, or treatment).

However, it excludes:

 Animal feed.
 Live animals (unless they are processed for human consumption).
 Plants before harvesting.
 Drugs and medicinal products, cosmetics, and narcotics/psychotropic substances.

Additionally, the Central Government has the authority to declare other items as food if they are
intended for consumption and meet specific criteria related to their nature or quality.

Section 3 (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.

Section 4: Registration of Real Estate Agents

  The central government is responsible for creating the FSSAI through notification. The
body will oversee the implementation of the powers and responsibilities outlined in the
Act.
 FSSAI is a body corporate, having perpetual succession and a common seal with power
to acquire. It has the ability to own property, enter into contracts, and can take legal
action (sue or be sued) in its own name.
 The main office of the FSSAI will be located in Delhi.
 The FSSAI has the authority to set up additional offices across India, wherever needed, to
carry out its functions.

Section 16: Duties and functions of Food Authority

1. Primary Duty: The Food Authority regulates and monitors all stages of food handling
(manufacture, processing, distribution, sale, and import) to ensure safe and wholesome
food.
2. Specific Responsibilities:
 Set standards and guidelines for food safety.
 Define limits for harmful substances (additives, pesticides, drug residues, etc.).
 Accredit and oversee certification bodies and laboratories.
 Establish procedures for quality control, especially for imported food.
 Develop food labeling standards, including health and nutrition claims.
 Implement systems for sampling, analysis, and information sharing.
 Conduct surveys and ensure effective enforcement of food safety laws.
 Create methods for assessing and managing risks related to food safety.
3. Transparency:
 Publish scientific opinions, results, and annual reports promptly.
 Disclose interest declarations of key members and stakeholders.
4. Directions to Authorities: Issue binding directions to the Commissioner of Food Safety
on food safety matters.
5. Confidentiality: Maintain confidentiality of sensitive information unless public health
requires disclosure.

Section 37: Food Safety Officer

  The Commissioner can appoint, by notification, individuals with prescribed qualifications
as Food Safety Officers for specific local areas. These officers are tasked with
implementing the functions outlined in the Act, rules, and regulations.
 The State Government can also designate its qualified officers to act as Food Safety
Officers for particular areas, empowering them to perform the same functions.

Section 38: Powers of Food Safety Officer

1. The officer can collect samples of food or substances that:

 Appear intended for sale or have been sold for human consumption.
 Are found on the premises and might be needed as evidence for legal proceedings under
the applicable food safety laws.
2. The officer can seize food items that seem to violate food safety regulations.
3. After taking a sample, the officer can keep the food item in the custody of the food
business operator.
4. In both cases (sample collection or seizure), the food is sent to a designated Food Analyst
for evaluation.
5. A Food Safety Officer (FSO) is authorized to enter and inspect places where food is
manufactured, stored, sold, or displayed, as well as places where adulterants are kept. The
officer can take samples for analysis.
6. When samples are taken, their cost must be paid to the seller at the usual selling price.
7. If perishable food is seized and deemed unfit for consumption, the FSO may destroy it
after notifying the food business operator in writing.
8. The FSO must follow the procedures outlined in the Code of Criminal Procedure, 1973,
for searches and inspections, akin to a police officer executing a search warrant.
9. Adulterants or documents related to food found in a manufacturer’s or distributor’s
possession can be seized if the person cannot justify their presence. The adulterants are
then sent for analysis to a Food Analyst.
10. When a Food Safety Officer takes specific actions (like inspections, seizures, or
investigations), they must ensure that one or more persons are present as witnesses and
take their signatures.
 11. If the officer seizes books of accounts or documents during an investigation, they must
return these to the person they were taken from within 30 days. Before returning them,
certified copies or extracts of these documents can be taken as per rules set by the Central
Government.
12. If an adulterant (substance used to contaminate food) is seized, the person it was taken
from must prove that it was not intended for adulteration.
13. The Commissioner of Food Safety can issue binding guidelines on how Food Safety
Officers should exercise their powers.

Section 31: Licensing and Registration of Food Businesses

 Every food business must obtain a license to operate.

 Small-scale food operators (e.g., petty manufacturers, hawkers, temporary stalls, small-
scale or cottage industries) are exempt from licensing but must register with the
appropriate authority. This ensures food safety and consumer interests are not
compromised.
 Anyone wishing to start a food business must apply for a license by submitting the
necessary details and fees as specified by regulations.
 The Designated Officer will review the application and either:
a) Grant the license, or
b) Refuse it (if public health concerns arise), after giving the applicant a chance to present
their case and providing written reasons for refusal.
 Licenses are issued in a specified format and are subject to conditions defined by
regulations.
 A single license can cover multiple food articles and establishments/premises in the same
area.
 If operations span across multiple areas, separate applications and licenses are required
for premises outside the same area.
 If a license application is rejected, the applicant can appeal to the Commissioner of Food
Safety.
 Licenses are valid for a regulated period unless suspended or canceled earlier.
 License Continuation Upon Death:
 a) The license remains valid for the deceased’s representative or family member for 3
months after death.
b) The Designated Officer may extend this period.

Food Analysis (S. 43-47): 1) Recognition and accreditation of laboratories, research

institutions and referral food laboratory (Section 43):

 The Food Authority can notify accredited laboratories (approved by NABL or other
agencies) for analyzing food samples.
 The Food Authority may establish or recognize specialized referral laboratories to
perform specific functions under the Act.
 Regulations for Laboratory Functions:
a) Define the roles and jurisdictions of food and referral laboratories.
b) Specify procedures for submitting food samples, report formats, and fees.
c) Address additional requirements to ensure effective functioning of laboratories.

2) Recognition of organisation or agency for food safety audit (Section 44):

 The Food Authority may recognise any organisation or agency for the purposes of food
safety audit and checking compliance with food safety management systems required
under this Act or the rules and regulations made thereunder.

3) Food Analysts (Section 45):

 The Commissioner of Food Safety may, by notification, appoint such persons as he thinks
fit, having the qualifications prescribed by the Central Government, to be Food Analysts
for such local areas as may be assigned to them by the Commissioner of Food Safety.
 These appointments are subject to two conditions:
a) A person with any financial interest in the manufacture or sale of food cannot be
appointed as a Food Analyst to ensure impartiality.
b) Different Food Analysts can be appointed for different types of food products, allowing
for specialization and expertise in analysis.

4) Functions of Food Analyst (Section 46):

  Upon receiving a sample for analysis, the Food Analyst must check the seal on the
container and its cover against a specimen impression. If the sample container is damaged
or unfit for analysis, the Food Analyst must inform the Designated Officer within seven
days and request a second sample.
 The Food Analyst is required to analyze samples sent by Food Safety Officers or other
authorized persons.
 Within 14 days of receiving the sample, the Food Analyst must send:
a) For samples under specific sections (38 or 47), four copies of the analysis report to the
Designated Officer.
b) For samples under section 40, a report to the person who purchased the food, with a copy
to the Designated Officer. If analysis cannot be completed within 14 days, the Food
Analyst must notify the Designated Officer and the Commissioner of Food Safety,
explaining the delay and providing a new timeline.
 If there is an appeal against the Food Analyst’s report, the Designated Officer can refer
the matter to a referral food laboratory for further examination.

5) Sampling and Analysis (Section 47):

 When a Food Safety Officer takes a sample of food for analysis, the following steps must
be followed:
a) The officer must inform both the person from whom the sample was taken and any other
relevant person about the intention to have the sample analyzed through a notice in
writing.
b) The sample should be divided into four parts, with each part sealed or fastened properly.
The officer must ensure the person from whom the sample was taken signs or gives a
thumb impression on the sample, unless they refuse. In such a case, witnesses must sign
on behalf of the person.
c) (i) One part is sent to a Food Analyst for analysis, with the Designated Officer being
notified.
(ii) Two parts are sent to the Designated Officer for safe storage.
(iii) The remaining part can be sent to an accredited laboratory if requested by the
food business operator, with the Designated Officer being informed.
 If the test results from the Food Analyst and the accredited laboratory differ, one of the
parts held by the Designated Officer will be sent to a referral laboratory for a final
decision.

 When a sample of food or adulterant is taken, the Food Safety Officer must send it to the
Food Analyst for testing within the next working day.
 If a part of the sample sent for analysis is lost or damaged, the Designated Officer must
send another part of the sample for testing upon request by the Food Analyst or Food
Safety Officer.
 Any seized food or adulterant, unless destroyed, must be presented to the Designated
Officer within seven days of receiving the Food Analyst’s report. If requested by the
person from whom the food was seized, the Designated Officer may grant more time for
the presentation.
 For imported food, an authorized officer must take the sample and send it to a notified
laboratory for analysis. The Food Analyst is required to send the report back within five
days.
 The Designated Officer, Food Safety Officer, authorized officer, and Food Analyst must
follow procedures outlined by applicable regulations.

Spurious Drugs

A drug is considered spurious under the following circumstances:

 False Branding: It is manufactured under the name of another genuine drug.

 Imitation or Deception: It imitates or substitutes another drug in a way that could
deceive consumers or falsely carries the name of another drug without clearly revealing
its true identity.
 Fake Manufacturer: Its label falsely claims it is made by an individual or company that
does not exist.
 Adulteration: It has been wholly or partially replaced with another substance.
 False Origin: It falsely claims to be produced by a specific manufacturer when it is not.