Section Section 70
; (zz) 'unsafe food" means an article of food whose nature, substance or quality
section 70; (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, whether wholly o 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 o in part; or (v) by addition of a substance directly 0r as an ingredient which is not permitted; O (vi) by the abstraction, wholly or in part, of any of its constituents; O (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 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 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 reference to the corresponding Law, if any , in force in that State. CHAPTER IL FOOD SAFETYAND STANDARDS AUTHORITY OF INDIA 4. Establishment of Food Safety and Standards Authority of India. 1) The Central Government shall, by notification, establish body to be known as the Food Safety and Standards Authority of India to exercise the powers conferred 0n, 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 o be sued. (3) The head office of the Food Authority shall be at Delhi. 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: 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 _ Agriculture, (ii) Commerce, (iii) Consumer Affairs, (iv) Food Processing,
Vide notification No. S.O.3912(E) , dated 30th October; 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh:
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; two representatives from consumer organisations; three eminent food technologists o scientists; 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; 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 shall 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 administration 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: '[(4) The Chairperson and the Members including part-time Members other than the ex officio Members of the Food Authority may be appointed by the Central Government o 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. 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 =_ Cabinet Secretary-Chairperson, (b) Secretary-in-charge of the Ministry O the Department responsible for administration of this Act as the convener-Member
Secretary-in-charge of the Ministries or the Departments of the Central Government dealing with Health; Legislative and Personnel-Members, 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 nominate 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 0n which the reference is made to it: 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
and (5) We.f. 7-2-2008)
10
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 financial or other interest, which is likely to affect prejudicially his functions as a Member: 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 their offices, and shall be eligible for re-appointment for further period of three years: [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: Notwithstanding anything contained in sub-section the Chairperson Or any Member may 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 & The Chairperson or any Member ceasing to hold office as such shall not represent any person before the Food Authority o any State Authority in any manner. 8. Removal of Chairperson and Members of Food Authority. (1) Notwithstanding anything contained in sub-section (/) of
Roop's Law Assist