copy of the report indicating the method of sampling and analysis to the perso — THE FOOD SAFETY AND STANDARDS ACT, 2006

, copy of the report indicating the method of sampling and analysis to the perso

section 40, copy of the report indicating the method of sampling and analysis to the person who had purchased such article of food with copy to the Designated Officer: Provided that in case the sample cannot be analysed within fourteen days of its receipt, the Food Analyst shall inform the Designated Officer and the Commissioner of Food Safety giving reasons and specifying the time to be taken for analysis. An appeal against the report of Food Analyst shall lie before the Designated Officer who shall, if he So decides, refer the matter to the referral food laboratory as notified by the Food Authority for opinion. 47. Sampling and analysis (1) When a Food Safety Officer takes a sample of food for analysis, he shall- give notice in writing of his intention to have it So analysed to the person from whom he has taken the sample and to the person, if any, whose name, address and other particulars have been disclosed; b) except in special cases as may be provided by rules made under this Act, divide the sample into four parts and mark and seal o fasten up each part in such a manner as its nature permits and take the signature O thumb impression of the person from whom the sample has been taken in such place and in such manner as may be prescribed by the Central Government: Provided that where such person refuses to sign O put his thumb impression, the Food Safety Officer shall call upon one Or more witnesses and take his signature Or thumb impression, in lieu of the signature or thumb impression of such person; (c) (i) send one of the parts for analysis to the Food Analyst under intimation to the Designated Officer; ii send two parts to the Designated Officer for keeping these in safe custody; and (iii) send the remaining part for analysis to an accredited laboratory, if s0 requested by the food business operator, under intimation to the Designated Officer: Provided that if the test reports received under sub-clauses and (iii) are found to be at variance, then the Designated Officer shall send one part of the sample kept in his custody, to referral laboratory for analysis, whose decision thereon shall be final. 29 (2) When sample of any article of food o adulterant is taken; the Food Safety Officer shall, by the immediate succeeding working day, send the sample to the Food Analyst for the area concerned for analysis and report. 3) Where the part of the sample sent to the Food Analyst is lost o damaged, the Designated Officer shall, on requisition made to him; by the Food Analyst o the Food Safety Officer, despatch one of the parts of the sample sent to him; to the Food Analyst for analysis. An article of food or adulterant seized, unless destroyed, shall be produced before the Designated Officer as soon as possible and in any case not later than seven days after the receipt of the report of the Food Analyst: Provided that if an application is made to the Designated Officer in this behalf by the person from whom any article of food has been seized, the Designated Officer shall by order in writing direct the Food Safety Officer to produce such article before him within such time as may be specified in the order: 5) In case of imported articles of food, the authorised officer of the Food Authority shall take its sample and send to the Food Analyst of notified laboratory for analysis who shall send the report within a period of five days to the authorised officer. The Designated Officer, the Food Safety Officer, the authorised officer and the Food Analyst shall follow such procedure as may be specified by regulations. CHAPTER IX OFFENCES AND PENALTIES 48. General provisions relating to offences. (1) A person may render any article of food injurious to health by means of one O more of the following operations, namely: _ adding any article Or substance to the food; (b) using any article or substance as an ingredient in the preparation of the food; abstracting any constituents from the food; 0r subjecting the food to any other process or treatment; with the knowledge that it may be sold or offered for sale O distributed for human consumption. (2) In determining whether any food is unsafe or injurious to health, regard shall be had to _ the normal conditions of use of the food by the consumer and its handling at each stage of production, processing and distribution; (ii) the information provided to the consumer, including information on the label; or other information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food O category of foods not oly to the probable, immediate O short-term or long-term effects of that food on the health of a person consuming it, but also on subsequent generations; (iii) to the probable cumulative toxic effects; (iv) to the particular health sensitivities of a specific category of consumers where the food is intended for that category of consumers; and also to the probable cumulative effect of food of substantially the same composition o the health of a person consuming it in ordinary quantities; (b) the fact where the quality or purity of the article, being primary food, has fallen below the specified standard or its constituents are present in quantities not within the specified limits of variability, in either case, solely due to natural causes and beyond the control of human agency, then such article shall not be deemed to be unsafe or sub-standard or food containing extraneous matter. Explanation.-For the purposes of this section, "injury" includes any impairment, whether permanent O temporary, and ~Injurious to health" shall be construed accordingly. 30 49. General provisions relating to penalty.~While adjudging the quantum of penalty under this Chapter, the Adjudicating Officer Or the Tribunal, as the case may be, shall have due regard to the following: the amount of gain or unfair advantage, wherever quantifiable, made as a result of the contravention, b the Amount of loss caused o likely to cause to any person as a result of the contravention, the repetitive nature of the contravention, whether the contravention is without his knowledge, and e any other relevant factor: 50. Penalty for selling food not of the nature Or substance O quality demanded: Any person who sells to the purchaser prejudice any food which is not in compliance with the provisions of this Act or the regulations made thereunder, O of the nature O substance O quality demanded by the purchaser, shall be liable to a penalty not exceeding five lakh rupees: Provided that the persons covered under sub-section (2) of

Section Section 40