of the Drugs and Cosmetics Act, 1940 (23 of 1940) and rules made thereunder; (ii — THE FOOD SAFETY AND STANDARDS ACT, 2006

of the Drugs and Cosmetics Act, 1940 (23 of 1940) and rules made thereunder; (ii

section 3 of the Drugs and Cosmetics Act, 1940 (23 of 1940) and rules made thereunder; (iii) does not claim to cure or mitigate any specific disease, disorder O condition (except for certain health benefit O such promotion claims) as may be permitted by the regulations made under this Act; (iv) does not include a narcotic drug or psychotropic substance as defined in the Schedule of the Narcotic Drugs and Psychotropic Substances Act; 1985 (61 of 1985) and rules made thereunder and substances listed in Schedules E and El of the Drugs and Cosmetics Rules, 1945; (2) genetically engineered or modified food" means food and food ingredients composed of o containing genetically modified or engineered organisms obtained through modern biotechnology, or food and food ingredients produced from but not containing genetically modified or engineered organisms obtained through modern biotechnology; (3) "organic food" means food products that have been produced in accordance with specified organic production standards; proprietary and novel food" means an article of food for which standards have not been specified but is not unsafe: Provided that such food does not contain any of the foods and ingredients prohibited under this Act and the regulations made thereunder: 23. Packaging and labelling of foods (1) No person shall manufacture, distribute, sell o expose for sale or despatch or deliver to any agent or broker for the purpose of sale, any packaged food products which are not marked and labelled in the manner as may be specified by regulations: Provided that the labels shall not contain any statement, claim, design or device which is false or misleading in any particular concerning the food products contained in the package O concerning the quantity or the nutritive value implying medicinal or therapeutic claims or in relation to the place of origin of the said food products (2) Every food business operator shall ensure that the labelling and presentation of food, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged and the setting in which they are displayed, and the information which is made available about them through whatever medium, does not mislead consumers 24. Restrictions of advertisement and prohibition as to unfair trade practices. No advertisement shall be made of any food which is misleading O deceiving O contravenes the provisions of this Act; the rules and regulations made thereunder: 2 No person shall engage himself in any unfair trade practice for purpose of promoting the sale, supply, use and consumption of articles of food or adopt any unfair Or deceptive practice including the practice of making any statement; whether orally Or in writing or by visible representation which falsely represents that the foods are of a particular standard, quality, quantity or grade- composition; b) makes a false or misleading representation concerning the need for, or the usefulness; gives to the public any guarantee of the efficacy that is not based 0n an adequate O scientific justification thereof: 19 Provided that where a defence is raised to the effect that such guarantee is based on adequate or scientific justification, the burden of proof of such defence shall lie on the person raising such defence. CHAPTER V PROVISIONS RELATING TO IMPORT 25. All imports of articles of food to be subject to this Act:~No person shall import into India_ any unsafe Or misbranded or sub-standard food or food containing extraneous matter; (ii) any article of food for the import of which a licence is required under any Act or rules or regulations, except in accordance with the conditions of the licence; and (iii) any article of food in contravention of any other provision of this Act O of any rule or regulation made thereunder or any other Act: (2) The Central Government shall, while prohibiting, restricting O otherwise regulating import of article of food under the Foreign Trade (Development and Regulation) Act; 1992 (22 of 1992) , follow the standards laid down by the Food Authority under the provisions of this Act and the Rules and regulations made thereunder. CHAPTER VI SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY 26. Responsibilities of the Food business operator. Every food business operator shall ensure that the articles of food satisfy the requirements of this Act and the rules and regulations made thereunder at all stages of production, processing, import, distribution and sale within the businesses under his control_ (2) No food business operator shall himself or by any person on his behalf manufacture, store, sell o distribute any article of food_ which is unsafe; or (ii) which is misbranded or sub-standard or contains extraneous matter; Or iii) for which a licence is required, except in accordance with the conditions of the licence; Or (iv) which is for the time being prohibited by the Food Authority o the Central Government O the State Government in the interest of public health; or in contravention of any other provision of this Act or of any rule or regulation made thereunder. 3) No food business operator shall employ any person who is suffering from infectious, contagious or loathsome disease. No food business operator shall sell or offer for sale any article of food to any vendor unless he also gives a guarantee in writing in the form specified by regulations about the nature and quality of such article to the vendor: Provided that a bill, cash memo, or invoice in respect of the sale of any article of food given by a food business operator to the vendor shall be deemed to be a guarantee under this section, even if a guarantee in the specified form is not included in the bill, cash memo OT invoice. 5) Where any food which is unsafe is part of a batch; lot or consignment of food of the same class or description, it shall be presumed that all the food in that batch, lot O consignment is also unsafe, unless following a detailed assessment within specified time, it is found that there is no evidence that the rest of the batch, lot or consignment is unsafe: Provided that any conformity of a food with specific provisions applicable to that food shall be without prejudice to the competent authorities taking appropriate measures to impose restrictions o that food being placed on the market or to require its withdrawal from the market for the reasons to be recorded in writing where such authorities suspect that; despite the conformity, the food is unsafe. 20 27. Liability of manufacturers, packers, wholesalers, distributors and sellers. The manufacturer Or packer of an article of food shall be liable for such article of food if it does not meet the requirements of this Act and the rules and regulations made thereunder: (2) The wholesaler or distributor shall be liable under this Act for any article of food which is_ supplied after the date of its expiry; Or stored or supplied in violation of the safety instructions of the manufacturer; Or unsafe Or misbranded; or unidentifiable of manufacturer from whom the article of food have been received; Of stored or handled 0r kept in violation of the provisions of this Act, the rules and regulations made thereunder; or received by him with knowledge of being unsafe. 3 The seller shall be liable under this Act for any article of food which is _ sold after the date of its expiry; Or (b) handled or kept in unhygienic conditions; Or misbranded; or unidentifiable of the manufacturer or the distributors from whom such articles of food were received; or (e) received by him with knowledge of being unsafe. 28. Food recall procedures. (1) If a food business operator considers or has reasons to believe that food which he has processed, manufactured O distributed is not in compliance with this Act, 0r the rules or regulations, made thereunder, he shall immediately initiate procedures to withdraw the food in question from the market and consumers indicating reasons for its withdrawal and inform the competent authorities thereof: (2) A food business operator shall immediately inform the competent authorities and co-operate with them, if he considers or has reasons to believe that a food which he has placed on the market may be unsafe for the consumers. (3) The food business operator shall inform the competent authorities of the action taken to prevent risks to the consumer and shall not prevent or discourage any person from cO-operating, in accordance with this Act; with the competent authorities, where this may prevent, reduce or eliminate a risk arising from a food. Every food business operator shall follow such conditions and guidelines relating to food recall procedures as the Food Authority may specify by regulations CHAPTER VII ENFORCEMENT OF THE ACT 29. Authorities responsible for enforcement of Act: The Food Authority and the State Food Safety Authorities shall be responsible for the enforcement of this Act. (2) The Food Authority and the State Food Safety Authorities shall monitor and verify that the relevant requirements of law are fulfilled by food business operators at all stages of food business. (3) The authorities shall maintain system of control and other activities as appropriate to the circumstances, including public communication on food safety and risk; food safety surveillance and other monitoring activities covering all stages of food business. The Food Safety Officers shall enforce and execute within their area the provisions of this Act with respect to which the duty is not imposed expressly or by necessary implication on some other authority. 21 The regulations under this Act shall specify which of the Food Safety Officers are to enforce and execute them; either generally O in relation to cases of a particular description Or particular area, and any such regulations Or orders may provide for the giving of assistance and information by any authority concerned in ]lthe administration of the regulations or orders, Or of any provisions of this Act, to any other authority so concerned, for the purposes of their respective duties under them: The Commissioner of Food Safety and Designated Officer shall exercise the same powers as are conferred on the Food Safety Officer and follow the same procedure specified in this Act 30. Commissioner of Food Safety of the State. 1) The State Government shall appoint the Commissioner of Food Safety for the State for efficient implementation of food safety and standards and other requirements laid down under this Act and the rules and regulations made thereunder: (2) The Commissioner of Food Safety shall perform all O any of the following functions, namely: (a) prohibit in the interest of public health, the manufacture, storage, distribution Or sale of any article of food, either in the whole of the State or any area Or part thereof for such period, not exceeding one year; as may be specified in the order notified in this behalf in the Official Gazette; (b) carry out survey of the industrial units engaged in the manufacture Or processing of food in the State to find out compliance by such units of the standards notified by the Food Authority for various articles of food; (c conduct or organise training programmes for the personnel of the office of the Commissioner of Food Safety and, on wider scale, for different segments of food chain for generating awareness on food safety; ensure an efficient and uniform implementation of the standards and other requirements as specified and also ensure high standard of objectivity, accountability, practicability, transparency and credibility; sanction prosecution for offences punishable with imprisonment under this Act; such other functions as the State Government may_ in consultation with the Food Authority, prescribe. (3) The Commissioner of Food Safety may, by Order, delegate, subject to such conditions and restrictions as may be specified in the Order, such of his powers and functions under this Act (except the power to appoint Designated Officer; Food Safety Officer and Food Analyst) as he may deem necessary or expedient to any officer subordinate to him. 31. Licensing and registration of food business. No person shall commence or carry on any food business except under a licence. (2) Nothing contained in sub-section (1) shall apply to petty manufacturer who himself manufactures or sells any article of food or petty retailer, hawker, itinerant vendor Or a temporary stall holder or small scale or cottage or such other industries relating to food business O tiny food business operator; but they shall register themselves with such authority and in such manner aS may be specified by regulations, without prejudice to the availability of safe and wholesome food for human consumption or affecting the interests of the consumers (3) Any person desirous to commence Or carry on any food business shall make an application for grant of a licence to the Designated Officer in such manner containing such particulars and fees as may be specified by regulations The Designated Officer on receipt of an application under sub-section (3), may either grant the licence or after giving the applicant an opportunity of being heard and for reasons to be recorded in writing, refuse to grant licence to any applicant, if he is satisfied that it is necessary so to do in the interest of public health and shall make available to the applicant a copy of the order: Provided that if a licence is not issued within two months from the date of making the application Or his application is not rejected, the applicant may start his food business after expiry of the said period and in such case, the Designated Officer shall not refuse to issue a licence but may, if he considers necessary, issue an improvement notice, under

Section Section 3