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Section Section 3

Definitions: In this Act, unless the context otherwise requires, (a) "adulterant'

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3. Definitions: In this Act, unless the context otherwise requires, (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; (b) advertisement" means any audio O visual publicity, representation O pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website and includes through any notice, circular; label, wrapper,; invoice O other documents; (c) ~Chairperson means the Chairperson of the Food Authority; "claim means any representation which states, suggests, O implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, composition Or otherwise; (e ~Commissioner of Food Safety" means the Commissioner of Food Safety appointed under section 30; cconsumer means persons and families purchasing and receiving food in order to meet their personal needs; g scontaminant' means any substance, whether or not added to food, but which is present in 1Sth October 2007 sections 4 to 10 (both inclusive), Sections 87, 88, 91 and 101 effective from ISth October 2007 vide Notification No. S.0.1758(E) see Gazette of India, extraordinary Part IL, sec 3(ii). 28th May, 2008 (ss_ 3 and 30), vide notification No. S.O. 1246(E), dated 28th May, 2008, see Gazette of India, Extraordinary, Part II, sec. 3(ii) 28th August; 2008 (s. 90) , vide notification No. S.O. 2127(E), dated 28th August; 2008. see Gazette of India, Extraordinary, Part II sec. 3(ii). 18th November; 2008 (ss. 16, 17, 18, 81, 82, 83, 84, 85, 86, 92 and 93), vide notification No. S.O. 2678(E), dated 18th November; 2008, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 9th March, 2009 (ss. 11, 12,13, 14 and 15), vide notification No. S.O. 6S0(E), dated 9th March, 2009, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 3st July, 2009 Section 36 to 47 effective vide Notification No. S.O 1868(E) dated 31st July, 2009, see Gazette of India Extraordinary, Part IL sec 3(ii). 29th June, 2009 Section 99 to be effective vide Notification No. S.O. 1575(E) dated 29th June, 2009, see Gazette of India Extraordinary, Part II, sec 3(ii) . 29th July. 2010 Sections 19 to 21, Sections 23 to 29, Sections 31 to 35, Sections 48 to 80, Section 89, Section 94 to 98 and Section 100 to be effective vide Notification No S.O. 1855(E) dated 29th July; 2010, see Gazette of India Extraordinary, Part II, sec 3(ii) I8th August; 2010 Section 22 [except in respect of matters relating to the genetically engineered O modified food as explained in clause (2) of the Explanation] to be effective vide Notification No. S.O. 2038(E) dated Sth August; 2010. see Gazette of India Extraordinary, Part IL, sec 3(ii). 2nd November 2021, Clause (2_ of Explanation of section 22, to be effective vide Notification No. S.O. 4601(E) dated 2nd November; 2021_ see Gazette of India Extraordinary, Part II, sec 3(ii) such food as result of the production (including operations carried out in crop husbandry, animal husbandry or veterinary medicine), manufacture, processing, preparation, treatment; packing; packaging, transport Or holding of such food o as a result of environmental contamination and does not include insect fragments, rodent hairs and other extraneous matter; "Designated Officer" means the officer appointed under section 36; ~extraneous matter" means any matter contained in an article of food which may be carried from the raw materials, packaging materials Or process systems used for its manufacture or which is added to it; but such matter does not render such article of food unsafe; Food" means any substance, whether processed, partially processed Or unprocessed, which is intended for human consumption and includes primary food to the extent defined in clause (zk), genetically modified Or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance, including water used into the food during its manufacture, preparation or treatment but does not include any animal feed, live animals unless they are prepared or processed for placing on the market for human consumption, plants, prior to harvesting, drugs and medicinal products, cosmetics, narcotic O psychotropic substances: Provided that the Central Government may declare, by notification in the Official Gazette, any other article as food for the purposes of this Act having regards to its use, nature, substance or quality; "food additive" means any substance not normally consumed as a food by itself or used as a typical ingredient of the food, whether Or not it has nutritive value, the intentional addition of which to food for technological (including organoleptic) purpose in the manufacture , processing; preparation, treatment, packing, packaging, transport or holding of such food results, or may be reasonably expected to result (directly O indirectly), in it O its by-products becoming a component of or otherwise affecting the characteristics of such food but does not include "contaminants" or substances added to food for maintaining O improving nutritional qualities; ~Food Analyst" means an analyst appointed under section45; (m) ~Food Authority" means the Food Safety and Standards Authority of India established under section 4; (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 o food ingredients; food business operator" in relation to food business means person by whom the business is carried on or owned and is responsible for ensuring the compliance of this Act, rules and regulations made thereunder; (p "food laboratory"' means any food laboratory 0r institute established by the Central 0r a State Government 0 any other agency and accredited by National Accreditation Board for Testing and Calibration Laboratories or an equivalent accreditation agency and recognised by the Food Authority under section 43; food safety" means assurance that food is acceptable for human consumption according to its intended use; ~food safety audit" means systematic and functionally independent examination of food safety measures adopted by manufacturing units to determine whether such measures and related results meet with objectives of food safety and the claims made in that behalf; "Food Safety Management System' means the adoption Good Manufacturing Practices, Good Hygienic Practices, Hazard Analysis and Critical Control Point and such other practices as may be specified by regulation, for the food business; Food Safety Officer" means an officer appointed under section 37; u) 'hazard" means a biological, chemical 0 physical agent in, Or condition of, food with the potential to cause an adverse health effect; import" means bringing into India any article of food by land, sea or air; improvement notice" means notice issued under section 32 of this Act; ~infant food" and infant milk substitute" shall have the meanings assigned to them in clauses (f) and (g) of sub-section (1) of section 2 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act; 1992 (41 of 1992), respectively; ~ingredient" means any substance, including a food additive used in the manufacture or preparation of food and present in the final product, possibly in a modified form; ~label" means any tag, brand, mark, pictorial Or other descriptive matter; written, printed, stencilled, marked, embossed, graphic, perforated, stamped or impressed on or attached to container, cover, lid or crown of any food package and includes a product insert; (za) * licence"' means licence granted under section 31; (zb) 'local area means any area, whether urban or rural, notified by the Commissioner of Food Safety; to be a local area for the purposes of this Act; (zc) "manufacture means process O adoption O any treatment for conversion of ingredients into an article of food, which includes any sub-process, incidental Or ancillary to the manufacture of an article of food; (zd) "manufacturer" means a person engaged in the business of manufacturing any article of food for sale and includes any person who obtains such article from another person and packs and labels it for sale or only labels it for such purposes; '[(ze) "Member" includes a part-time Member and the Chairperson of the Food Authority;] "misbranded food" means an article of food_ (A) if it is purported, Or is represented to be, Or is being offered or promoted for sale with false, misleading O deceptive claims either; upon the label of the package, or (b) through advertisement; or ii sold by a name which belongs to another article of food; O1 (iii) offered or promoted for sale under the name of a fictitious individual or company as the manufacturer Or producer of the article as borne on the package or containing the article or the label on such package; or B) if the article is sold in packages which have been sealed or prepared by or at the instance of the manufacturer O producer bearing his name and address but_ the article is an imitation of, Or is substitute for, or resembles in a manner likely to deceive, another article of food under the name of which it is sold, and is not plainly and conspicuously labelled so as to indicate its true character; O (ii) the package containing the article or the label on the package bears any statement, design or device regarding the ingredients or the substances contained therein, which is false or misleading in any material particular, Or if the package is otherwise deceptive with respect to its contents; O (iii) the article is offered for sale as the product of any place O country which is false; Or if the article contained in the package contains any artificial flavouring, colouring O chemical preservative and the package is without declaratory label stating that fact or is not labelled in accordance with the requirements of this Act O regulations made thereunder Or is in contravention thereof; O (ii) is offered for sale for special dietary uses, unless its label bears such information as may be specified by regulation, concerning its vitamins, minerals or other dietary properties in order sufficiently to inform its purchaser as to its value for such use; O1 (iii) is not conspicuously or correctly stated on the outside thereof within the limits of