Section Section 80
Defences which may or may not be allowed in prosecution under this Act. (A) Defen
80. Defences which may or may not be allowed in prosecution under this Act. (A) Defence relating to publication of advertisements (1) In any proceeding for an offence under this Act in relation to the publication of an advertisement; it is defence for person to prove that the person carried 0n the business of publishing O arranging for the publication of advertisements and that the person published 0 arranged for the publication of the advertisement in question in the ordinary course of that business.
(2) Clause does not apply if the person should reasonably have known that the publication of the advertisement was an offence; Or (b) had previously been informed in writing by the relevant authority that publication of such an advertisement would constitute an offence; Or (c is the food business operator Or is otherwise engaged in the conduct of a food business for which the advertisements concerned were published: B) Defence of due diligence In any proceedings for an offence, it is a defence if it is proved that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by such person or by another person under the person's control. (2) Without limiting the ways in which a person may satisfy the requirements of clause ( Z), a person satisfies those requirements if it is proved that the commission of the offence was due to
an act O default of another person; Or (ii) reliance on information supplied by another person; and b the person carried out all such checks of the food concerned as were reasonable in all the circumstances; Or (ii) it was reasonable in all the circumstances to rely on checks carried out by the person who supplied such food to the person; and that the person did not import the food into the jurisdiction from another country; and in the case of an offence involving the sale of food, that the person sold the food in the same condition as and when the person purchased it; Or (ii) the person sold the food in a different condition to that in which the person purchased it, but that the difference did not result in any contravention of this Act 0r the rules and regulations made thereunder; and
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that the person did not know and had no reason to suspect at the time of commission of the alleged offence that the person S act Or omission would constitute an offence under the relevant section. (3) In sub-clause (a) of clause (2), another person does not include a person who was an employee or agent of the defendant; or (b) in the case of a defendant which is a company, a director, employee O agent of that company. Without limiting the ways in which a person may satisfy the requirements of clause 1) and item (i) of sub-clause (b) of clause (2), a person may satisfy those requirements by proving that in the case of an offence relating to a food business for which food safety programme is required to be prepared in accordance with the regulations, the person complied with a food safety programme for the food business that complies with the requirements of the regulations, Or (b) in any other case_ the person complied with scheme (for example, quality assurance programme O an industry code of practice) that was designed to manage food safety hazards and based on national or international standards, codes or guidelines designed for that purpose, and (ii) documented in some manner:
Defence of mistaken and reasonable belief not available
In any proceedings for an offence under the provisions of this Act; it is no defence that the defendant had a mistaken but reasonable belief as to the facts that constituted the offence. D) Defence in respect of handling food In proceedings for an offence under section 56, it is a defence if it is proved that the person caused the food to which the offence relates to be destroyed or otherwise disposed of immediately after the food was handled in the manner that was likely to render it unsafe Defences of significance of the nature, substance o quality of food It shall be no defence in a prosecution for an offence pertaining to the sale of any unsafe O misbranded article of food to allege merely that the food business operator was ignorant of the nature, substance or quality of the food sold by him O that the purchaser having purchased any article for analysis was not prejudiced by the sale. CHAPTER XI
FINANCE, ACCOUNTS, AUDIT AND REPORTS
81. Budget of Food Authority: 1) The Food Authority shall prepare, in such form and at such time in each financial year as may be prescribed by the Central Government; its budget for the next financial year, showing the estimated receipts and expenditure of the Food Authority and forward the same to the Central Government: (2) The Food Authority with the prior approval of the Central Government, shall adopt financial regulation which specifies in particular, the procedure for drawing up and implementing the Authority $ budget. 82. Finances of the Food Authority. (1) The Central Government may, after due appropriation, make to the Food Authority grants of such sums of money as the Central Government may think fit: (2) The Food Authority o the recommendation of the Central Advisory Committee shall specify a graded fee from licensed food business operators, accredited laboratories Or food safety auditors to be charged by the commissioner of Food Safety.
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83. Accounts and audit of Food Authority. (1) The Food Authority shall maintain proper accounts and relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India: (2) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Food Authority under this Act shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Food Authority. (3) The accounts of the Food Authority, as certified by the Comptroller and Auditor- General o any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the Central Government by the Food Authority and the Central Government shall cause the audit report to be laid, as soon as may be after it is received, before each House of Parliament. 84. Annual report of Food Authority. The Food Authority shall prepare once every year, in such form and at such time as may be prescribed by the Central Government, an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded to the Central Government and State Governments. (2) A copy of the report received under sub-section shall be laid, as soon as may be after it is received, before each House of Parliament: CHAPTER XII
MISCELLANEOUS
85. Power of Central Government to issue directions to Food Authority and obtain reports and returns: (1) Without prejudice to the foregoing provisions of this Act; the Food Authority shall, in exercise of its powers and in performance f its functions under this Act; be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the Central Government may give in writing to it from time to time: Provided that the Food Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section: (2) If any dispute arises between the Central Government and the Food Authority as to whether a question is O is not a question of policy, the decision of the Central Government thereon shall be final. (3) The Food Authority shall furnish to the Central Government such returns Or other information with respect to its activities as the Central Government may, from time to time, require. 86. Power of Central Government to give directions to State Governments. The Central Government may give such directions, as it may deem necessary, to a State Government for carrying out all or any of the provisions of this Act and the State Government shall comply with such directions. 87. Members, officers of Food Authority and Commissioner of Food Safety to be public servants. The Members, officers of the Food Authority and the Commissioners of Food Safety and their officers shall be deemed, when acting O purporting to act in pursuance of any of the provisions of this Act; to be public servants within the meaning section 21 of the Indian Penal Code (45 of 1860). 88. Protection of action taken in good faith: ~No suit, prosecution or other legal proceedings shall lie against the Central Government; the State Government, the Food Authority and other bodies constituted under this Act or any officer of the Central Government; the State Government or any member, officer Or other employee of such Authority and bodies O any other officer acting under this Act for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder. 89. Overriding effect of this Act over all other food related laws. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force Or in any instrument having effect by virtue of any law other than this Act
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90. Transfer of existing employees of Central Government Agencies governing various foods related Acts or Orders to Food Authority On and from the date of establishment of the Food Authority, every employee holding office under the Central Government Agencies administering food laws immediately before that date shall hold his office in the Food Authority by the same tenure and upon the same terms and conditions of service including remuneration; leave, provident fund, retirement and other terminal benefits as he would have held such office if the Food Authority had not been established and shall continue to do so as an employee of the Food Authority O until the expiry of the period of six months from that date if such employee opts not to be the employee of the Food Authority. 91. Power of Central Government to make rules. The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all O any of the following matters, namely: salary, terms and conditions of service of Chairperson and Members other than ex officio Members under sub-section (2) and the manner of subscribing to an oath of office and secrecy under sub-section (3) of section 7; qualifications of Food Safety Officer under sub-section (1) of section 37; the manner of taking the extract of documents seized under sub-clause (8) of section 38; determination of cases for referring to appropriate courts and time-frame for such determination under sub-section (4) of section 42; (e qualifications of Food Analysts under section 45; the manner of sending sample for analysis and details of the procedure to be followed in this regard under sub-section (1) of section 47; g the procedure to be followed in adjudication of cases under sub-section (1) of section 68; qualifications, terms of office, resignation and removal of Presiding Officer under sub-section the procedure of appeal and powers of Tribunal under sub-section (5) of section 70; any other matter relating to procedure and powers of Tribunal under clause of sub-section (2) of section 71; the fee to be paid for preferring an appeal to the High Court under sub-section of section 76; form and time of preparing budget under sub-section (Z) of section 81; form and statement of accounts under sub-section (1) of section 83; m) the form and time for preparing annual report by Food Authority under sub-section of section 84; and (n) any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules by the Central Government 92. Power of Food Authority to make regulations. The Food Authority may with the previous approval of the Central Government and after previous publication, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: salaries and other conditions of service of officers and other employees of the Food Authority under sub-section (3) of section 9; b) rules of procedure for transaction of business under sub-section (5) of section Il; (c other functions of the Central Advisory Committee under sub-section (2) of section 12; procedure of Scientific Committee and Panels under sub-section (4) of section 15; (e) notifying standards and guidelines in relation to articles of food meant for human consumption under sub-section (2) of section 16;
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procedure to be followed by Food Authority for transaction of business at its meetings under sub-section (1) of section 17; (g)making or amending regulations in view of urgency concerning food safety O public health under clause (d) of sub-section (2) of section 18; limits of additives under section 19; limits of quantities of contaminants, toxic substance and heavy metals, etc , under section 20; tolerance limit of pesticides, veterinary drugs residues, etc, under section 21; the manner of marking and labelling of foods under section 23; form in which guarantee shall be given under sub-section of section 26; m conditions and guidelines relating to food recall procedures under sub-section of section 28; regulations relating to functioning of Food Safety Officer under sub-section (5) of section 29; (0 notifying the registering authority and the manner of registration; the manner of making application for obtaining licence, the fees payable therefore and the circumstances under which such licence may be cancelled or forfeited under section 31; the respective areas of which the Designated Officer shall be in-charge for food safety administration under sub-section (1) of section 36; procedure in getting food analysed, details of fees, etc. under sub-section of section 40; functions, procedure to be followed by food laboratories under sub-section (3) of section 43; procedure to be followed by officials under sub-section (6) of section 47; financial regulations to be adopted by the Food Authority in drawing up its budget under sub-section (2) of section 81; (u) issue guidelines or directions for participation in Codex Meetings and preparation of response to Codex matters; and any other matter which is required to be, Or may be, specified by regulations Or in respect of which provision is to be made by regulations 93. Laying of rules and regulations before Parliament: ~Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session Or in two Or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule O regulation or both Houses agree that the rule O regulation should not be made, the rule O regulation shall thereafter have effect only in such modified form o be of no effect; as the case may be; SO, however, that any such modification Or annulment shall be without prejudice to the validity of anything previously done under that rule O regulation. 94. Power of State Government to make rules. Subject to the powers of the Central Government and the Food Authority to make rules and regulations respectively, the State Government may, after previous publication and with the previous approval of the Food Authority, by notification in the Official Gazette, make rules to carry out the functions and duties assigned to the State Government and the State Commissioner of Food Safety under this Act and the rules and regulations made thereunder. 2 In particular and without prejudice to the generality of the foregoing power, such rules may provide for all O any of the following matters, namely: other functions of the Commissioner of Food Safety under clause of sub-section (2) of section 30; b) earmarking fund and the manner in which reward shall be paid to a person rendering assistance in detection of offence Or apprehension of offender under section 95; and
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(c any other matter which is required to be, or may be prescribed Or in respect of which provision is to be made by rules by the State Government (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses O where such State Legislature consists of one House, before that House. 95. Reward by State Government: The State Government may empower the Commissioner of Food Safety to order payment of reward to be paid to person who renders assistance in the detection of the offence or the apprehension of the offender, from such fund and in such manner aS may be prescribed by the State Government. 96. Recovery of penalty.~A penalty imposed under this Act; if it is not paid, shall be recovered as an arrear of land revenue and the defaulters licence shall be suspended till the penalty is paid. 97. Repeal and savings. (1) With effect from such date as the Central Government may appoint in this behalf, the enactment and Orders specified in the Second Schedule shall stand repealed: Provided that such repeal shall not affect: the previous operations of the enactment and Orders under repeal or anything duly done O suffered there under; Or (ii) any right, privilege, obligation or liability acquired, accrued Or incurred under any of the enactment or Orders under repeal; Or (iii) any penalty, forfeiture Or punishment incurred in respect of any offences committed against the enactment and Orders under repeal; O (iv) any investigation Or remedy in respect of any such penalty, forfeiture O punishment, and any such investigation, legal proceedings Or remedy may be instituted, continued or enforced and any such penalty, forfeiture Or punishment may be imposed, as if this Act had not been passed. (2) If there is any other law for the time being in force in any State, corresponding to this Act, the same shall upon the commencement of this Act, stand repealed and in such case, the provisions of section 6 of the General Clauses Act; 1897(10 of 1897) shall apply as if such provisions of the State law had been repealed. (3) Notwithstanding the repeal of the aforesaid enactment and Orders, the licences issued under any such enactment or Order, which are in force on the date of commencement of this Act, shall continue to be in force till the date of their expiry for all purposes, as if they had been issued under the provisions of this Act o the rules O regulations made thereunder: Notwithstanding anything contained in any other law for the time being in force, no court shall take cognizance of an offence under the repealed Act or Orders after the expiry of a period of three years from the date of the commencement of this Act: 98. Transitory provisions for food standards. Notwithstanding the repeal of the enactment and Orders specified in the Second Schedule, the standards, safety requirements and other provisions of the Act and the rules and regulations made thereunder and Orders listed in that Schedule shall continue to be in force and operate till new standards are specified under this Act or rules and regulations made thereunder:
Provided that anything done or any action taken under the enactment and Orders under repeal shall be deemed to have been done Or taken under the corresponding provisions of this Act and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this Act 99. Milk and Milk Products Order, 1992 shall be deemed to be regulations made under this Act: On and from the date of commencement of this Act; the Milk and Milk Products Order; 1992 issued under the Essential commodities Act; 1955 (10 of 1955) shall be deemed to be the Milk and Milk Products Regulations, 1992 issued by the Food Authority under this Act
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(2) The Food Authority may, with the previous approval of the Central Government and after previous publication, by notification, amend the regulations specified in sub-section to carry out the purposes of this Act 100. Amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act; 1992. As from the notified day, the provisions of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act; 1992 (41 of 1992) (herein referred to as the principal Act) shall apply subject to the following amendments, namely: throughout the principal Act, any reference to "the Prevention of the Food Adulteration Act, 1954 (37 of 1954)" shall be substituted by reference to "the Food Safety and Standards Act; 2006": in section 12 of the principal Act; the reference to ~any Food Inspector appointed under section 9 of the Prevention of the Food Adulteration Act; 1954 (37 of 1954)" shall be substituted by reference to ~any Food Safety Officer appointed under the Food Safety and Standards Act, 2006"; throughout the principal Act, any reference to "Food Inspector" shall be substituted by the expression "the Food Safety Officer" and in section 21 of the principal Act; in sub-section (1), the reference to clause shall be substituted by the following, namely: '(a the Designated Officer o the Food Safety Officer directed under sub-section (5) of section 42 of the Food Safety and Standards Act; 2006; or , 101. Power to remove difficulties. ~If any difficulty arises in giving effect to the provisions of this Act; the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary, for removing the difficulty: Provided that no order shall be made under this section after of the expiry of the period of three years from the date of commencement of this Act. (2) Every order made under this section shall be laid, as soon aS may be after it is made, before each House of Parliament.
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THE FIRST SCHEDULE
[See section 5(1)(e)]
Zone [ 1_ Andhra Pradesh 2. Goa 3. Karnataka 4. Kerala 5. Maharashtra 6. Orissa 7. Tamil Nadu
Zone II 1_ Haryana 2. Himachal Pradesh 3_ Jammu and Kashmir 4. Punjab 5. Uttaranchal 6. Uttar Pradesh Zone III 1_ Bihar 2. Chhattisgarh 3. Gujarat 4_ Jharkhand 5. Madhya Pradesh 6. Rajasthan 7 . West Bengal Zone IV 1_ Arunachal Pradesh 2. Assam 3_ Manipur 4 Meghalaya 5. Mizoram 6_ Nagaland 7 . Sikkim 8. Tripura Zone V 1_ Andaman and Nicobar Islands 2. Chandigarh 3_ Dadra and Nagar Haveli 4. Daman and Diu 5. Delhi 6. Lakshadweep 7. Pondicherry:
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THE SECOND SCHEDULE (See section 97)
1. The Prevention of Food Adulteration Act; 1954 (37 of 1954). 2. The Fruit Products Order; 1955. 3. The Meat Food Products Order; 1973. 4. The Vegetable Oil Products (Control) Order; 1947 . 5. The Edible Oils Packaging (Regulation) Order, 1998. 6. The Solvent Extracted Oil, De oiled Meal, and Edible Flour (Control) Order; 1967. 7 . The Milk and Milk Products Order; 1992. 8_ Any other order issued under the Essential Commodities Act, 1955 (10 of 1955) relating to food.
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Roop's Law Assist