Short title, extent and commencement
1. This Act may be called the Food Safety and Standards Act, 2006. 2. It extends to the whole of India. 3. It shall come into force on such da...
Declaration as to expediency of control by the Union
It is hereby declared that it is expedient in the public interest that the Union should take under its control the food industry....
1. In this Act, unless the context otherwise requires,- i. "adulterant" means any material which is or could be employed for making...
|Chapter II||Food Safety and Standards Authority of India|
Establishment of Food Safety and Standards Authority of India
1. The Central Government shall, by notification, establish a body to be known as the Food Safety and Standards Authority of India to exercise the powers...
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:-a. seven Mem...
Selection Committee for selection of Chairperson and Members of Food Authority
1. The Central Government shall, for the purpose of selection of the Chairperson and the Members other than ex officio Members of the Food Authority, con...
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...
Removal of Chairperson and Members of Food Authority
1. Notwithstanding anything contained in sub-section (1) of section 7, the Central Government may, by order, remove from office the Chairperson or any ot...
Officers and other employees of Food Authority
1. There shall be a Chief Executive Officer of the Food Authority, not below the rank of Additional Secretary to the Government of India, who shall be th...
Functions of the Chief Executive Officer
1. The Chief Executive Officer shall be the legal representative of the Food Authority and shall be responsible for-a. the day-to-day administration...
Central Advisory Committee
1. The Food Authority shall, by notification, establish a Committee to be known as the Central Advisory Committee.2. The Central Advisory Committee...
Functions of Central Advisory Committee
1. The Central Advisory Committee shall ensure close co-operation between the Food Authority and the enforcement agencies and organisations operating in ...
1. The Food Authority shall establish scientific panels, which shall consist of independent scientific experts.2. The Scientific Panel shall invite...
1. The Food Authority shall constitute Scientific Committee which shall consist of the Chairpersons of the Scientific Panels and six independent scientif...
Procedure for Scientific Committee and Scientific Panel
1. The members of the Scientific Committee, who are not members of the Scientific Panel and the members of the Scientific Panel shall be appointed by the...
Duties and functions of Food Authority
1. It shall be the duty of the Food Authority to regulate and monitor the manufacture, processing, distribution, sale and import of food so as to ensure ...
Proceedings of Food Authority
1. The Food Authority shall meet at the head office or any of its offices at such time as the Chairperson may direct, and shall observe such rules of pro...
|Chapter III||General Principles of Food Safety|
General principles to be followed in administration of Act
1. The Central Government, the State Governments, the Food Authority and other agencies, as the case may be, while implementing the provisions of this Ac...
|Chapter IV||General Provisions as to Articles of Food|
Use of food additive or processing aid
No article of food shall contain any food additive or processing aid unless it is in accordance with the provisions of this Act and regulations made there und...
Contaminants, naturally occurring toxic substances, heavy metals, etc
No article of food shall contain any contaminant, naturally occurring toxic substances or toxins or hormone or heavy metals in excess of such quantities as ma...
Pesticides, veterinary drugs residues, antibiotic residues and micro-biological counts
1. No article of food shall contain insecticides or pesticides residues, veterinary drugs residues, antibiotic residues, solvent residues, pharmacologica...
Genetically modified foods, organic foods, functional foods, proprietary foods, etc
Save as otherwise provided under this Act and regulations made there under, no person shall manufacture, distribute, sell or import any novel food, geneticall...
Packaging and labelling of foods
1. No person shall manufacture, distribute, sell or expose for sale or despatch or deliver to any agent or broker for the purpose of sale, any packaged f...
Restrictions of advertisement and prohibition as to unfair trade practices
1. No advertisement shall be made of any food which is misleading or deceiving or contravenes the provisions of this Act, the rules and regulations made ...
|Chapter V||Provisions Relating to Import|
All imports of articles of food to be subject to this Act
1. No person shall import into India- i. any unsafe or misbranded or sub-standard food or food containing extraneous matter; ...
|Chapter VI||Special Responsibilities as to Food Safety|
Responsibilities of the food business operator
1. Every food business operator shall ensure that the articles of food satisfy the requirements of this Act and the rules and regulations made thereunder...
Liability of manufacturers, packers, wholesalers, distributors and sellers
1. 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 rul...
Food recall procedures
1. If a food business operator considers or has reasons to believe that a food which he has processed, manufactured or distributed is not in compliance w...
|Chapter VII||Enforcement of the Act|
Authorities responsible for enforcement of Act
1. The Food Authority and the State Food Safety Authorities shall be responsible for the enforcement of this Act.2. The Food Authority and the Stat...
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 ...
Licensing and registration of food business
1. No person shall commence or carry on any food business except under a licence. 2. Nothing contained in sub-section (1) shall apply to a petty man...
1. If the Designated Officer has reasonable ground for believing that any food business operator has failed to comply with any regulations to which this ...
1. If- a. any food business operator is convicted of an offence under this Act; andb. the court by or before which he is so convicted is satisfie...
Emergency prohibition notices and orders
1. If the Designated Officer is satisfied that the health risk condition exists with respect to any food business, he may, after a notice served on the f...
Notification of food poisoning
The Food Authority may, by notification, require registered medical practitioners carrying on their profession in any local area specified in the notification...
1. The Commissioner of Food Safety shall, by order, appoint the Designated Officer, who shall not be below the rank of a Sub-Divisional Officer, to be in...
Food Safety Officer
1. The Commissioner of Food Safety shall, by notification, appoint such persons as he thinks fit, having the qualifications prescribed by the Central Gov...
Powers of Food Safety Officer
1. The Food Safety Officer may- a. take a sample- i. of any food, or any substance, which appears to him to be intended...
Liability of Food Safety Officer in certain cases
Any Food Safety Officer exercising powers under this Act or the rules and regulations made there under who- a. vexatiously and without any reasonable gr...
Purchaser may have food analysed
1. Nothing contained in this Act shall be held to prevent a purchaser of any article of food other than a Food Safety Officer from having such article an...
Power of search, seizure, investigation, prosecution and procedure thereof
1. Notwithstanding anything contained in sub-section (2) of section 31, the Food Safety Officer may search any place, seize any article of food or adulte...
Procedure for launching prosecution
1. The Food Safety Officer shall be responsible for inspection of food business, drawing samples and sending them to Food Analyst for analysis.2. Th...
|Chapter VIII||Analysis of Food|
Recognition and accreditation of laboratories, research institutions and referral food laboratory
1. The Food Authority may notify food laboratories and research institutions accredited by National Accreditation Board for Testing and Calibration Labo...
Recognition of organisation or agency for food safety audit
The Food Authority may recognise any organisation or agency for the purposes of food safety audit and checking compliance with food safety management systems ...
The Commissioner of Food Safety may, by notification, appoint such persons as he thinks fit, having the qualifications prescribed by the Central Government, t...
Functions of Food Analyst
1. On receipt of a package containing a sample for analysis from a Food Safety Officer or any other person, the Food Analyst shall compare the seal on th...
Sampling and analysis
1. When a Food Safety Officer takes a sample of food for analysis, he shall –a. give notice in writing of his intention to have it so analysed to the...
|Chapter IX||Offences and Penalties|
General provisions relating to offences
1. A person may render any article of food injurious to health by means of one or more of the following operations, namely:-a. adding any article or ...
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 followin...
Penalty for selling food not of the nature or substance or quality demanded
Any person who sells to the purchaser's prejudice any food which is not in compliance with the provisions of this Act or the regulations made thereunder, or o...
Penalty for sub-standard food
Any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food ...
Penalty for misbranded food
1. Any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article ...
Penalty for misleading advertisement
1. Any person who publishes, or is a party to the publication of an advertisement, which-a. falsely describes any food; orb. is likely to mislead...
Penalty for food containing extraneous matter
Any person whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for ...
Penalty for failure to comply with the directions of Food Safety Officer
If a food business operator or importer without reasonable ground, fails to comply with the requirements of this Act or the rules or regulations or orders iss...
Penalty for unhygienic or unsanitary processing or manufacturing of food
Any person who, whether by himself or by any other person on his behalf, manufactures or processes any article of food for human consumption under unhygienic ...
Penalty for possessing adulterant
1. Subject to the provisions of this Chapter, if any person who whether by himself or by any other person on his behalf, imports or manufactures for sale...
Penalty for contraventions for which no specific penalty is provided
Whoever contravenes any provisions of this Act or the rules or regulations made there under, for the contravention of which no penalty has been separately pro...
Punishment for unsafe food
Any person who, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of foo...
If a person without the permission of the Food Safety Officer
If a person without the permission of the Food Safety Officer, retains, removes or tampers with any food, vehicle, equipment, package or labelling or advertis...
Punishment for false information
If a person, in connection with a requirement or direction under this Act, provides any information or produces any document that the person knows is false or...
Punishment for obstructing or impersonating a Food Safety Officer
If a person without reasonable excuse, resists, obstructs, or attempts to obstruct, impersonate, threaten, intimidate or assault a Food Safety Officer in exer...
Punishment for carrying out a business without licence
If any person or food business operator (except the persons exempted from licensing under sub-section (2) of section 31 of this Act), himself or by any person...
Punishment for subsequent offences
1. If any person, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offenc...
Compensation in case of injury or death of consumer
1. Without prejudice to the other provisions of this Chapter, if any person whether by himself or by any other person on his behalf, manufactures or dist...
Offences by companies
1. Where an offence under this Act which has been committed by a company, every person who at the time the offence was committed was in charge of, and wa...
Penalty for contravention of provisions of this Act in case of import of articles of food to be in addition to penalties provided under any other Act
1. Any person who imports any article of food which is in contravention of the provisions of this Act, rules and regulations made there under, shall, in ...
|Chapter X||Adjudication and Food Safety Appellate Tribunal|
1. For the purposes of adjudication under this Chapter, an officer not below the rank of Additional District Magistrate of the district where the alleged...
Power to compound offences
1. The Commissioner of Food Safety may, by order, empower the Designated Officer, to accept from petty manufacturers who himself manufacture and sell any...
Establishment of Food Safety Appellate Tribunal
1. The Central Government or as the case may be, the State Government may, by notification, establish one or more tribunals to be known as the Food Safet...
Procedure and powers of Tribunal
1. The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justi...
Civil court not to have jurisdiction
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Adjudicating Officer or the Tribunal is empowered...
Power of court to try cases summarily
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences not triable by a Special Court, shall be tried in a summary way by a ...
Special courts and Public Prosecutor
1. Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973, the Central Government or the State Government in their res...
Power to transfer cases to regular courts
Where, after taking cognizance of any offence, a Special Court is of the opinion that the offence is not triable by it, it shall, notwithstanding that it has ...
1. Any person aggrieved by a decision or order of a Special Court may, on payment of such fee as may be prescribed by the Central Government and after de...
Time limit for prosecutions
Notwithstanding anything contained in this Act, no court shall take cognizance of an offence under this Act after the expiry of the period of one year from th...
Power of court to implead manufacturer, etc
Where at any time during the trial of any offence under this Act alleged to have been committed by any person, not being the importer, manufacturer, distribut...
Magistrate's power to impose enhanced punishment
Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973, it shall be lawful for the court of ordinary jurisdiction to pass an...
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 advertise...
|Chapter XI||Finance, Accounts, Audit and Reports|
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 ...
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...
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 b...
Annual report of Food Authority
1. 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 givin...
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 of its functions und...
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...
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 or purporting to act in pursu...
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 constitute...
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 ...
Transfer of existing employees of Central Government Agencies governing various food 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 immed...
Power of Central Government to make rules
1. The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.2. In particular, an...
Power of Food Authority to make regulations
1. The Food Authority may, with the previous approval of the Central Government and after previous publication, by notification, make regulations consist...
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...
Power of State Government to make rules
1. Subject to the powers of the Central Government and the Food Authority to make rules and regulations respectively, the State Government may, after pre...
Reward by State Government
The State Government may empower the Commissioner of Food Safety to order payment of reward to be paid to a person who renders assistance in the detection of ...
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 pe...
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...
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 an...
Milk and Milk Products Order, 1992 shall be deemed to be regulations made under this Act
1. On and from the date of commencement of this Act, the Milk and Milk Products Order, 1992 issued under the Essential Commodities Act, 1955 shall be dee...
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) ...
Power to remove difficulties
1. 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 ...
The First Schedule
1. Andhra Pradesh2. Goa 3. Karnataka4. Kerala5. Maharashtra6. Orissa7. Tamil Nadu1. Haryana 2. Himachal Pradesh 3. Jammu and Kashmir4. Punjab5. Uttaranchal6. U...
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. Th...