நுகர்வோர் அமைப்புகளை புறக்கணித்தால் போராட்டம்! குழுக்களின் கூட்டமைப்பு தலைவர் எச்சரிக்கை

ஊட்டி : "மாவட்டத்தில் செயல்படும் அனைத்து தன்னார்வ நுகர்வோர் அமைப்புகளை அழைத்து கூட்டம் நடத்தத் தவறினால், போராட்டம் நடத்தப்படும்' என எச்சரிக்கப்பட்டுள்ளது.


நீலகிரி மாவட்ட நுகர்வோர் குழுக்களின் கூட்டமைப்பு தலைவர் கிருஷ்ணசாமி வெளியிட்டுள்ள அறிக்கை: நீலகிரி மாவட்டத்தில், பல தன்னார்வ நுகர்வோர் அமைப்புகள் செயல்படுகின்றன; மாவட்ட நிர்வாகம் மற்றும் இதரத் துறை சார்ந்த குறைபாடு, புகார்களை, துறைகளுக்கு தெரிவித்து, அதற்கான நடவடிக்கை எடுத்து வருகிறது.


நுகர்வோர் சார்ந்த குறைகளையும், மக்கள் பிரச்னைகளையும் சுட்டிக் காட்டும் வகையில், அனைத்து நுகர்வோர் அமைப்புகளை அழைத்து, ஆலோசனைக் கூட்டம் நடத்தி குறைபாடுகளை களைய வேண்டும். அரசாணை எண் 389ன் படி, மாவட்ட கலெக்டரகம் மற்றும் இதர அரசுத் துறைகளின் தலைமையகத்தில், மாவட்டத்தில் சிறப்பாக செயல்படும் தன்னார்வ நுகர்வோர் அமைப்புகளை அழைத்து, ஆண்டுக்கு 4க்கும் குறையாமல் கூட்டம் நடத்த வேண்டும் என கூறப்பட்டுள்ளது.


அரசாணை எண் 616ன் படி, மாவட்ட நுகர்வோர் பாதுகாப்புக் குழு கூட்டம், மாவட்ட கலெக்டர் அலுவலகத்தில் இருமுறை நடத்த வேண்டும்; தேர்வு செய்யப்பட்ட நுகர்வோர் அமைப்பினர் மற்றும் இதர அரசுத் துறையினர் பங்கேற்று பதில் அளிக்க வேண்டும். மாவட்ட நிர்வாகம், சில அமைப்புகளை மட்டுமே அழைத்து, ஒரு கூட்டத்தை நடத்துகிறது; தன்னார்வ அமைப்புகள் மற்றும் மாவட்ட நுகர்வோர் குழுவின் கூட்டத்தை ஒருங்கே நடத்தி, அரை மணி நேரத்தில் முடித்துக் கொள்கிறது.


மாவட்டத்தில் செயல்படும் பல தன்னார்வ நுகர்வோர் அமைப்புகளை, ஆலோசனைக் கூட்டங்களுக்கு அழைப்பதில்லை. பல துறைகள், கூட்டத்தை நடத்துவதே இல்லை. அனைத்து தன்னார்வ நுகர்வோர் அமைப்புகளையும் அழைத்து கூட்டம் நடத்த வேண்டும்; மாவட்ட நுகர்வோர் பாதுகாப்பு குழுவை மாற்ற வேண்டும் என, மாவட்ட நிர்வாகத்திடம் வலியுறுத்தி நடவடிக்கை எடுக்காததால், மாவட்ட கூட்டமைப்பு பொதுச் செயலாளர் மூலம், மாநில நுகர்வோர் பாதுகாப்பு துறை கமிஷனருக்கு புகார் தெரிவிக்கப்பட்டது. மாவட்ட நுகர்வோர் பாதுகாப்பு குழுவை மாற்றி அமைக்கவும், அனைத்து தன்னார்வ நுகர்வோர் அமைப்புகளை அழைத்து ஆலோசனைக் கூட்டம் நடத்தவும், கமிஷனர், மாவட்ட நிர்வாகத்தை அறிவுறுத்தினார்.


எனினும், இதுவரை பிற தன்னார்வ நுகர்வோர் அமைப்புகளை அழைத்து கூட்டம் நடத்த, நிர்வாகம் முன்வரவில்லை. மாவட்ட நுகர்வோர் பாதுகாப்புக் குழுவை மாற்றி அமைப்பதாக கூறி, மீண்டும் பழைய படியே நுகர்வோர் குழுவை அமைத்துள்ளது. கமிஷனரின் அறிவுரையின் படி, மாவட்ட நுகர்வோர் பாதுகாப்பு குழுவை விரைவில் மாற்றியமைத்து, அனைத்து தன்னார்வ, நுகர்வோர் அமைப்புகளை அழைத்து நுகர்வோர் கூட்டம் நடத்த வேண்டும்; தவறினால், மாவட்ட நிர்வாகத்தை கண்டித்து, மாவட்ட கலெக்டர் அலுவலகம் முன், அனைத்து நுகர்வோர் அமைப்புகள் சார்பில் விரைவில் போராட்டம் நடத்தப்படும். இவ்வாறு, கிருஷ்ணசாமி கூறியுள்ளார்.

தகவல் பெறும் உரிமை சட்டம்:விழிப்புணர்வுக்கு விண்ணப்பம்

ஊட்டி:தகவல் பெறும் உரிமை சட்ட விழிப்புணர்வு முகாமில் பங்கேற்க, விண்ணப்பங்கள் வரவேற்கப்படுகின்றன.கூடலூர் நுகர்வோர் மனித வள சுற்றுச்சூழல் பாதுகாப்பு மக்கள் மையத் தலைவர் சிவசுப்ரமணியம் வெளியிட்டுள்ள அறிக்கை:மத்திய அரசின் தகவல் பெறும் உரிமை சட்டத்தை சிலர் பயன்படுத்தினாலும், பலர், சட்டத்தின் தன்மை அறியாமல் உள்ளனர். தகவல் பெறும் உரிமை சட்ட விழிப்புணர்வு பயிற்சி வழங்க, கூடலூர் நுகர்வோர் பாதுகாப்பு மையம், மக்கள் மையம், நீலகிரி மாவட்ட நுகர்வோர் குழுக்கள் கூட்டமைப்பு தீர்மானித்துள்ளது.

சட்டம் குறித்த விளக்கங்கள், முறையீடு, மேல் முறையீடு, பெறப்பட்ட தகவல்கள் மூலம் முறைகேடுகளை களைவது, அடுத்த கட்ட நடவடிக்கை குறித்து, வக்கீல்கள் மூலம், ஆகஸ்ட் இறுதி வாரத்தில் பயிற்சி அளிக்கப்பட உள்ளது. பங்கேற்க விரும்புவோர், பெயர், முகவரி, தொடர்பு கொள்ள வேண்டிய தொலைபேசி, மொபைல் போன் எண் குறிப்பிட்டு, "தலைவர், கூடலூர் நுகர்வோர் மனிதவள சுற்றுச்சூழல் பாதுகாப்பு மையம்-மக்கள் மையம், வணிக வளாகம், பந்தலூர்-643 233' அல்லது, "பொதுச் செயலர், நீலகிரி மாவட்ட நுகர்வோர் குழுக்கள் கூட்டமைப்பு, வசம்பள்ளம், குன்னூர்-5' என்ற முகவரிக்கு, ஆக., 10ம் தேதிக்குள், விண்ணப்பங்களை அனுப்ப வேண்டும்.விபரங்களுக்கு, 94885-20800, 93453-98085 என்ற எண்களில் தொடர்பு கொண்டு பயன் பெறலாம்.

ஆங்கிலப் பள்ளிகளில், அரசு நிர்ணயித்த கட்டணத்தையே வசூலிக்க வேண்டும்

நீலகிரி மாவட்ட நுகர்வோர் குழுக்கள் கூட்டமைப்பின் செயற்குழு கூட்டம், ஊட்டியில் நடத்தப்பட்டது.தனியார் ஆங்கிலப் பள்ளிகளில், அரசு நிர்ணயித்த கட்டணத்தையே வசூலிக்க நடவடிக்கை எடுப்பதுடன், கட்டணப் பட்டியலை, பெற்றோர் பார்வைக்கு வைக்க நடவடிக்கை எடுக்க வேண்டும்; நீலகிரியில் குன்னூர், ஊட்டி, கூடலூர் ஆகிய பகுதிகளில் உள்ள பஸ் ஸ்டாண்ட்களில், இலவச பொதுக் கழிப்பிடம் அமைக்க வேண்டும்; கட்டணக் கழிப்பிடங்களில் முறையாக கட்டணம் வசூலிக்க நடவடிக்கை எடுக்க வேண்டும்; பல ரேஷன் கடைகளில், அரசுப் பணியில் அல்லாதவர்கள் பணிபுரிகின்றனர்;

இதுகுறித்து விசாரித்து நடவடிக்கை எடுக்க வேண்டும். அரசு பஸ்கள், மினி பஸ்களின் படிக்கட்டுகள் மிக உயரமாக உள்ளதால், வயதானவர்கள், குழந்தைகள், பஸ்சில் ஏற முடியாத நிலை உள்ளதால், போக்குவரத்து கழகத்தினர் நடவடிக்கை எடுக்க வேண்டும் என்பன உட்பட பல தீர்மானங்கள் நிறைவேற்றப்பட்டன. கிருஷ்ணசாமி தலைமை வகித்தார். துணைத் தலைவர் சிவசுப்ரமணியம், பொதுச் செயலர் வீரபாண்டியன், பொருளாளர் வனிதாகுமாரி, கணேஷன், சுப்ரமணி, விஜயகுமார், சாந்தி பங்கேற்றனர்.

THE PREVENTION OFFOOD ADULTERATION ACT, 1954 (ACT 37 OF 1954) (29th September 1954)

1
TO BE PUBLISHED IN THE GAZETTE OF INDIA:EXTRAORDINARY
[Part II—Sec. 3(i)]
MINISTRY OF HEALTH AND FAMILY WELFARE
(Department Of Health and Family Welfare)
NOTIFICATION
New Delhi, the __ April,2010
G.S.R.____In exercise of the powers conferred by clause (b) to (m) of
sub-section (2) of section 91 read with section
5,7,30,36,37,38,39,40,41,43,45,46,47,68,70,71,73,74,75,76,77,78,81
82,83 and 84 of the Food Safety and Standards Act, 2006 (34 of
2006), the Central Government hereby makes the following rules.
CHAPTER I - General
1.1: Title and commencement –
1.1.1: These rules may be called the Food Safety and Standards
Rules, 2010.
1.1.2: They shall come into force on the date of their publication
in the official Gazette.
1.2 - Definitions
1.2.1: In these rules, unless the context otherwise requires,
:
1. “Act” means the Food Safety and Standards Act, 2006 (Act 34 of
2006) ;
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2. “Adjudicating Officer” means the Adjudicating Officer appointed
under sub-section (1) of section 68 of the Act.
3. “Advocate” means a person who is entitled to practice the
profession of law under the Advocates Act, 1961 (25 of 1961)
4. “Appellate Tribunal” means the Food Safety Appellate Tribunal
constituted under section 70 of the Act.
5. “Authorised Officer” means an officer authorized by the Food
Authority referred in the sub-section (5) of section 47 of the Act.
6. “Director of the Referral Laboratory” means the person
appointed by the Central Government by notification in the official
Gazette as the Director of a Referral Laboratory and includes any
person in charge of the Referral Laboratory or appointed by the
Central Government in like manner to perform all or any of the
functions of director under this Act.
7. “Inquiry” means the inquiry referred to in section 68.
8. “Licensing Authority” means the Designated Officer appointed
under section 36 of the Act for the local area and includes any other
officer so appointed for the purpose of granting license by the
Commissioner of Food Safety
9. “Notified laboratory” means any of the laboratories notified
by the Food Authority under sub-sections (1) and (2) of section 43 of
the Act.
10. “Presiding Officer” means a person appointed as Presiding
Officer of the Appellate Tribunal under section 70 of the Act.
11. “Referral laboratory” means any of the laboratories established
and/or recognized by the Food Authority by notification under sub
section (2) of section 43 of the Act.
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12. “Registrar” means the Registrar of the Appellate Tribunal and
includes an officer of such Appellate Tribunal who is authorized by the
Presiding Officer to function as Registrar
13. “Registry” means the registry of the Appellate Tribunal
14. “Rules” means the Food Safety and Standards Rules, 2010.
CHAPTER 2: Structure of Food Authority and Administration
2.1: Terms and conditions of service of Chairperson and
Members of Food Authority
2.1.1: Chairperson-FSSAI ( already approved and notified)
2.1.2: Members (other than ex-officio Members of Food
Authority)
2.1.3: Oath of Office and Secrecy (already approved and
notified)
2.2 – Accounts, Budgets and Annual Report (being drafted)
2.2.1: Budgets (being drafted )
2.2.2 : Statement of Accounts (being drafted)
2.2.3: Annual Report ( being drafted)
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CHAPTER 3 - Enforcement structure and procedures
3.1 - Qualification and duties
3.1.1: Commissioner of Food Safety
The Commissioner of Food Safety shall be not below the rank of
Commissioner and Secretary to State Government.
3.1.2 Powers and Duties: powers and duties of the Commissioner of
Food Safety shall be as provided in the section 30 (2) of Food Safety
and Standards Act, 2006.
3.1.2: Designated Officer
1. Qualification: The Designated Officer shall be a whole time
Officer, not below the rank of Sub-Divisional Officer or equivalent
and shall possess at least one of the educational qualifications
prescribed for the Food Safety Officer under these Rules..
Notwithstanding anything mentioned above, persons having
qualification prescribed under the PFA Rules, 1955 and having
been appointed as Local Health Authority or food Inspector
under the PFA Act shall be eligible for appointment as
Designated Officer, subject to fulfilling such other conditions as
may be prescribed for the post of Designated Officer by the
State Government.
and
2. has successfully completed training as may be specified by the
Food Authority.
3. Powers and duties: of the Designated officer shall be as
prescribed in section 36 (3) of FSS Act, 2006.
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3.1.3: Food Safety Officer
1. Qualification: Food Safety Officer shall be a whole time officer and
shall, on the date on which he is so appointed fulfill the following
qualifications:
i. Hold a degree in Food Technology or Dairy Technology or
Biotechnology or Oil Technology or Agricultural Science or
Veterinary Sciences or Bio-Chemistry or Microbiology or
degree in Science with Chemistry as one of the subjects
from a recognized University, or
ii. possess any other qualification notified by the Central
Government, or
iii. is a graduate in medicine and has received training in food
safety, sampling and surveillance approved for the purpose
by the Central Government or State Government or
And
iv. has successfully completed training, for a specified period in
food safety, food inspection and sampling under an Institute
or Institution approved for the purpose by the Food
Authority.
Provided that a person who has already been appointed as a Food
Inspector under the provisions of Prevention of Food Adulteration Act
1954 on the date of commencement of these Rules, may perform the
duties of the Food Safety Officer if notified by the state/Central
government if the Officer fulfils such other conditions as may be
prescribed for the post of Food Safety Officer by the State
Government.
Provided further that the State Government may, in cases where a
Medical Officer of health administration of local area has been
6
performing the function of food Inspector under the PFA, assign the
powers and duties of Food Safety Officer to such Medical Officer in
charge of health administration of that area.
Provided further also that he/she shall undergo a specialized training
laid down by the Food Authority within a period of two years from the
commencement of the Act.
Powers & Duties:
i. Without prejudice to the powers conferred on him under section
38 of the Act, where the Food Safety Officer is of the
opinion or he has reason to believe that in the given
situation it is not possible to comply with the provision of
section 38 (1) (c) or the proviso to section 38(1) for reasons
like non availability of the Food Business Operator, the Food
Safety Officer may seize the adulterant or food which is
unsafe or sub-standard or mis-branded or containing
extraneous matter and seal the premises for investigation
after taking a sample of such adulterant or food for analysis.
ii. where the Food Safety Officer is of the opinion or he has
reason to believe that any person engaged in selling,
handling or manufacturing any article of food is suffering
from or harbouring the germs of any infectious disease, he
may cause such person to be examined by a qualified
medical professional duly authorized by the Designated
Officer.
PROVIDED that where such person is a female she shall be
examined by a qualified woman medical professional duly
authorized by the Designated Officer.
7
If on such examination the qualified medical professional certifies
that such person is suffering from any such disease, the
Designated Officer, on the recommendation of the Food Safety
Officer may by order in writing direct such person not to take part
in selling or manufacturing any article of food.
Provided further that in emergent situations, in the interest of
public health, the Food Safety Officer may direct such person to
desist from food related operations, while informing the
Designated Officer simultaneously.
It shall be the duty of the Food Safety Officer–
i. To inspect as frequently as may be prescribed by the Designated
Officer all food establishments licensed for manufacturing,
handling, packing or selling of an article of food within the area
assigned to him;
ii. To satisfy himself that the conditions of licences are being
complied with by each of the Food Business Operators carrying on
business within the area assigned to him and report to the
Designated Officer;
iii. To procure and send for analysis if necessary, samples of any
articles of food which he has reason to suspect are being
manufactured, stocked or sold or exhibited for sale in
contravention of the provisions of the Act, or rules framed there
under or if such sampling is required for purposes of surveillance
or regulation;
iv. To investigate any complaint which may be made to him in writing
in respect of any contravention of the provisions of the Act, or
rules framed there under;
v. To maintain a data base of all Food Business within the area
assigned to him;
8
vi. To recommend issue of improvement notices to the Food Business
Operator whenever necessary;
vii. To maintain a record of all inspections made and action taken by
him in the performance of his duties, including the taking of
samples and seizure of stocks, and to submit copies of such
records to the Designated Officer as directed in this regard;
viii. To make such inquiries and inspections as may be necessary to
detect the manufacture, storage or sale of articles of food in
contravention of the Act or rules framed thereunder;
ix. To stop and inspect any vehicle suspected to contain any unsafe
food or food which does not comply with the provisions of this Act
and Rules, intended for sale or delivery for human consumption;
x. To recommend to the Designated Officer giving specific grounds,
suitable action in regard to licences issued to any Food Business
Operator, if on inspection the Food Safety Officer finds that the
Food Business Operator had violated the conditions for grant of
licence;
xi. To carry out food safety surveillance to identify and address the
safety hazards;
xii. To respond to incidents of food poisoning in his area and to send
report to and assist the Designated Officer to enable him to
initiate corrective action;
xiii. To facilitate preparation of Food safety plans for Panchayat and
Municipalities in accordance with the parameters and guidelines
given in regulations.
xiv. To detain imported packages which are suspected to contain
articles of food, the import or sale of which is prohibited;
9
xv. To coordinate with the Food Business Operators within his area of
operation and facilitate the introduction of food safety systems by
the Food Business Operators.
xvi. To perform such other duties, as may be entrusted to him by the
Designated Officer or Food Safety Commissioner having
jurisdiction in the local area concerned.
3.1.4: Food Analyst
1. Qualification: A person shall not be qualified for appointment as
Food Analyst under the Act unless she/he
i. Holds a master’s degree in Chemistry or Biochemistry or
microbiology or Dairy Chemistry or Food Technology food and
Nutrition or Holds Bachelor of technology in dairy/Oil or holds
degree in Veterinary Sciences from a university established in
India by law or is an associate of the Institution of Chemists
(India) by examination in the section of Food Analysts conducted
by the Institution of Chemists (India) or any other equivalent
qualification recognized and notified by the Central government
for such purposes and has not less than three years experience in
the analysis of food; and
ii. Has been declared qualified for appointment as a Food analyst by
a board appointed and notified by the Authority
Notwithstanding the above, any person who has been declared
qualified for appointment as public analyst by the board
constituted under Prevention of Food Adulteration Act shall be
eligible for holding the post of food Analyst.
Provided that a person who is a public Analyst under the
provisions of Prevention of Food Adulteration Act 1954 on the date
10
of commencement of these Rules, may hold office of the Food
Analyst subject to the terms and conditions of service applicable
to him/her even though he/she does not fulfill the qualification
prescribed under these Rules.
2. Duties: The Food Analyst shall analyse or cause to be analysed
the article of food sent to him for analysis. In analyzing the article of
food, the Food Analyst shall follow such instructions and shall adhere
to such procedure as may be prescribed for analysis by the Central
Government or the Food Authority from time to time. The report of
analysis shall be signed by the Food analyst
2. After completion of analysis of article of food, the Food Analyst shall
send his report to the Designated Officer, the Purchaser of article of
food, as the case may be, in such form as may be prescribed from
time to time for the purpose.
3.2 - Procedure of taking extracts of documents and matters
connected therewith
3.2.1: Manner of taking extracts
1. Where the Food Safety Officer has seized any books of account
and other documents in exercise of powers conferred upon him under
sub-section (6) of section 38 of the Act, he shall return the same to
the person from whom they were seized within a period not exceeding
thirty days from the date of such seizure
Provided that before returning the books of account and other
documents, the Food Safety Officer shall be entitled for copies thereof
or extracts there from, as the case may be.
11
2. Before returning the books of account and other documents, the
Food Safety Officer shall inform the person from whom they were
seized whether he requires copies or extracts there from and if so the
details thereof. On receipt of such communication from the Food
Safety Officer, the person from whom the books of account and
documents were seized shall provide the copies or extracts as the case
may be, duly authenticated by the Food Business Operator.
3. The extracts shall be taken by the Food Safety Officer or by any
person authorized by him.
4. The person making the extracts shall not in any manner cause
dislocation, mutilation, tampering or damage to the records in the
course of making extracts.
5. The person making extracts shall not make any marking on any
record or paper.
3.2.2 Affidavit
1. The extracts or the copies referred to in rule 3.2.1 above, shall be
initialled on each page of such extracts or copies by the person from
whom the books of account and other documents were seized and
such extracts or copies so initialled shall be provided to the Food
Safety Officer, accompanied by an Affidavit of the person from
whom the books of account and other documents were seized,
certifying the authenticity of such extracts or copies.
Provided that if the person from whom the books of account and
other documents were seized fails, neglects or refuses either to
12
provide the extracts or copies or to certify the authenticity of such
extracts or copies, the Food Safety Officer shall not return such books
of account and other documents.
2. The Affidavit shall be in Form I annexed to these rules or as
near thereto as the circumstances admit and shall be sworn either
before a Judicial First Class Magistrate or before a Notary Public. The
Judicial First Class Magistrate or the Notary Public shall cause his
official seal to be affixed on each page of the Affidavit and on each
page of the extracts or copies
3. Notwithstanding providing the extracts or copies as mentioned
above, the person from whom the books of account and other
documents were seized, shall continue to be liable to produce from
time to time as may be required, the books of account and other
documents in respect of which the extracts or copies were given,
before the Designated Officer or Food Safety Officer or before any
inquiry proceedings or adjudication proceedings initiated against the
person from whom the books of account and other documents were
seized or against the firm/company which he is representing. .
3.3 - Seizure of articles of food by the Food Safety Officer and
matters connected therewith
3.3.1.: Form of receipt for article of food seized by a Food
Safety officer– For every article of food seized under clause (b) of
sub-section 1 of Section 38 of the Act, a receipt in Form II shall be
given by the Food Safety Officer to the person from whom the article
of food was seized.
3.3.2 Form of order/bond not to dispose of the stock– Where the
Food Safety Officer keeps any article of food in the safe custody of the
13
Food Business Operator under clause (c) of sub-section (1) of Section
38
1. he shall, after sealing such article of food, make an order to the
Food Business Operator in Form III and the Food Business
Operator shall comply with such an order, and
2. he may require the Food Business Operator to execute a bond in
Form IV.
3.4: Sampling and Analysis
3.4.1: Procedure for taking sample –
1. Food Safety officer while taking samples of food for analysis under
clause (a) of sub-section (1) of section 38 of the Act or an
Authorized Officer taking sample of imported article of food for
analysis under sub-section (5) of section 47 of the Act shall, follow
the procedure specified herein for taking samples and sending them
for analysis.
2. While taking sample the Food Safety Officer shall call one or two
persons to be present at the time of lifting the samples and he shall
obtain the signatures from such persons in all forms and documents
prepared by the Food Safety Officer at the time of taking samples.
3. When a sample of food is taken for analysis, Food Safety
Officer shall give notice in writing then and there of his intention to
have the sample so analysed to the person from whom he has
taken the sample and simultaneously, by appropriate means also to
the person whose name, address and other particulars have been
disclosed under rule 3.6 of these Rules.
14
Provided that in case where the sample is drawn from an open
container, the person drawing the sample shall also draw a sample
from a container in original condition of the same article bearing the
same declaration, if such container is available, and intimate the same
to the Food Analyst.
4. The Notice to be given by the Food Safety Officer or an Authorized
Officer or the purchaser to the person from whom he has taken the
sample and to the person, if any, whose name and address and
other particulars have been disclosed under rule 3.5 of these Rules,
shall be in Form No. V. (a)
5. Where a Food Safety Officer or the purchaser takes a sample of an
article of food for analysis, he shall pay, the cost of such sample, to
the person from whom the sample is taken, calculated at the rate at
which the article is sold to the public.
Provided that in case where the sample of article of imported food
is taken at the port of entry, the cost of sample as well as the cost
of testing will be borne by the importer or
dealer/distributer/licensee or from whom the sample was taken.
6. Sample of article of food (whether imported or domestic) for the
purpose of analysis shall be taken in clean dry bottles or jars or in
other suitable containers which shall be closed sufficiently tight to
prevent leakage, evaporation or to avoid entrance of moisture in
case of dry substance and shall be carefully sealed.
Provided, if a sealed package marketed by the manufacturer/Food
business Operator is taken as sample, further sealing in separate
containers will not be required.
15
7. The person taking the sample shall divide the sample in four parts
or take four already sealed packages and mark and seal or fasten
up each part in such a manner as its nature permits and take the
signature or thumb impression of the person from whom the
sample has been taken.
Provided that where such person refuses to sign or put his thumb
impression, the Food Safety officer or Authorized Officer taking the
sample 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.
8. All bottles or jars or other containers containing the samples for
analysis shall be properly labeled and the parcel shall be properly
addressed. The label on any sample of food sent for analysis shall
bear
i. Code number of the sample
ii. Name of the sender with his official designation
iii. Date and place of collection
iv. Nature of articles being sent for analysis
v. Nature and quantity of preservative, if any, added to the
sample.
Provided that in the case of a sample which has been taken from
Agmark sealed container, the label shall bear the following additional
information
(i) Grade
(ii) Agmark label No./Batch No.
(iii) Name of packing station.
Provided further that the large consignment sample will be taken in
such a manner as may be prescribed by the food Authority.
16
9. Manner of packing and sealing the samples
i.The stopper/cap shall first be securely fastened so as to prevent
leakage of the contents in transit
ii.The bottle, jar or other container shall then be completely wrapped in
fairly strong thick paper. The ends of the paper shall be neatly
folded in and affixed by means of gum or other adhesive.
iii.A paper slip of the size that goes round completely from the bottom to
top of the container, bearing the signature of the Designated Officer
or any officer authorized by Food Safety commissioner and code
number of the sample, shall be pasted on the wrapper, the
signature or thumb impression of the person from whom the sample
has been taken, shall be affixed in such a manner that the paper slip
and the wrapper both carry a part of this signature or the thumb
impression
Provided that in case the person from whom the sample is taken
refuses to affix his signature or the thumb impression, the signature
or thumb impression of the witness shall be taken in the same manner
Provided further that in case the paper slip containing the signature of
the Designated Officer is of such a size that it does not cover
completely from the bottom to the top of the container, the Food
Safety Officer shall affix additional sheet/s of paper to the slip
containing the signature of the Designated Officer so as to cover the
container completely and the Food Safety Officer shall affix his
signature on each of the joints for the purpose of identification.
Provided further that where the sample is taken by a
purchaser or an Authorized Officer, the paper slip need not contain
the signature of the Designated Officer.
17
iv. The paper cover shall be further secured by means of strong twine or
thread both above and across the bottle, jar or other container and the
twine or thread shall then be fastened on the paper cover by means of
sealing wax on which there shall be distinct and clear impression of the
seal of the sender, of which one shall be at the top of the packet, one
at the bottom and the other two on the body of the packet. The knots
of the twine or thread shall be covered by means of sealing wax
bearing the impression of the seal of the sender.
v. Manner of dispatching containers of samples: The containers of
the samples shall be dispatched in the following manner
a) the sealed container of one part of the sample for analysis and a
memorandum in Form VI shall be sent in a sealed packet to the Food
Analyst not later than the immediate succeeding working day by any
suitable means.
b) the sealed container of the second and third parts of the sample and
two copies of memorandum in Form VI shall be sent to the
Designated Officer immediately but not later than the succeeding
working day by any suitable means and
c) the sealed container of the remaining fourth part of the sample and a
copy of memorandum in Form VI shall be sent to an accredited
laboratory along with fee prescribed by the Authority, if so requested
by the Food Business Operator, under intimation to the Designated
Officer but not later than the immediate succeeding working day by
any suitable means.
Provided that fourth part also will be deposited with Designated Officer
if Food business Operator does not request to send the sample to an
accredited lab.
18
vi. for lifting a sample for testing microbiological parameters, the
method of lifting sample, type of container, temperature to be
maintained, method of transportation and any other condition to
maintain the integrity of the sample shall be as prescribed by the
Food Authority.
Provided that in the case of a sample which has been taken from
Agmark sealed container, the label shall bear the following additional
information
(i) Grade
(ii) Agmark label No./Batch No.
(iii) Name of packing station.
9. Memorandum and impression of seal to be sent separately:
The Food Safety Officer shall send to the Food Analyst to whom the
sealed container of first part of the sample was sent, a copy of the
memorandum and specimen impression of the seal used to seal the
packet and the same shall be sent not later than the immediate
succeeding working day, by any suitable means.
10. Addition of preservatives to samples
The Food Safety Officer or the Authorized Officer, while taking sample
for the purpose of analysis under the provisions of the Act except in
the case where the sample is meant for microbiological
testing/analysis, may add to the sample, a preservative as may be
prescribed from time to time in the regulations for the purpose of
maintaining it in a condition suitable for analysis.
11. Nature and quantity of preservative to be noted on the
label:
19
Whenever any preservative is added to a sample, the nature and
quantity of the preservative added shall be clearly noted on the label
to be affixed to the container.
12. Quantity of sample to be sent to the Food Analyst – The
quantity of sample of food to be sent to the Food Analyst / Referral lab
for analysis shall be as specified in regulations by the Food Authority:
Explanation: Foods sold in packaged condition (sealed container or
package) shall be sent for analysis in its original condition without
opening the package as far as practicable, to constitute approximate
quantity along with original label. In case of bulk packages, wherever
preservatives are to be added as per the requirement under these
rules, the sample shall be taken after opening sealed container or
package in the presence of the Food Business Operator or in case of
his refusal, in the presence of one or more independent witnesses and
the contents of the original label shall also be sent along with the
sample for analysis. However, such samples shall not be fit for
microbiological analysis.
13. Contents of one or more similar sealed containers having
identical labels or constitute the quantity of a food sample –
Where food is sold or stocked for sale or for distribution in sealed
containers having identical label declaration, the contents of one or
more of such containers as may be required to satisfy the quantity
prescribed in shall be treated to be a part of the sample.
14. Quantity of samples of food packaging material to be sent
to the Food Analyst – The quantity of sample of food packaging
material to be sent to the Food Analyst /Director of referral lab for
analysis shall be as specified below:-
20
Name of food packaging material Approximate quantity/surface area
to be supplied
1. Food packaging material
when sample is taken from
manufacturer.
8 x 1000 x 9 sq.cm. surface area.”
2. When sample is taken from
small consumer packages.
Complete packaging material used
for one container.
15. Quantity of sample sent to be considered as sufficient–
Notwithstanding anything contained in Rule 3.5.1 the quantity of
sample sent for analysis shall be considered as sufficient unless the
Food Analyst or the Director of referral lab reports to the contrary.
Rule 3.4.2. Analysis of food samples by food analyst
1. On receipt of the package containing a sample of food for
analysis, the Food Analyst or an officer authorized by him shall
compare the seals on the container and the outer cover with
specimen impression of seal received separately and shall note
the condition of the seal thereon.
2. Food laboratories including mobile food laboratories wherever
required, may be established or notified by the Central/State
Government for the purpose of testing food samples received
from the Food Safety Officer/purchaser.
3. If the sample container received by the Food Analyst is found to
be in broken condition or unfit for analysis, he shall, within a
period of seven days from the date of receipt of such sample,
21
inform the Designated Officer about the same and request him
to send the second part of the sample for analysis.
4. On receipt of requisition from the Food Analyst pursuant to rule
3.4.2.2 the Designated Officer, shall by the immediate
succeeding working day, dispatch to the Food Analyst for
analysis one part of the samples sent to him by the Food Safety
Officer.
5. On receipt of the sample, the Food Analyst shall analyse or
cause to be analysed the sample and send the analysis report
mentioning the method of analysis. The analysis report shall be
as per Form VII(A) and four copies of the same shall be sent to
the Designated Officer under whose jurisdiction the Food Safety
Officer functions or the purchaser of article of food. The analysis
report shall be signed by the Food Analyst and such report shall
be sent within fourteen days of the receipt of the sample by the
Food Analyst.
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
the reasons and specifying the time to be taken for analysis.
6. The manuals of the method of analysis, as amended by the
Authority from time to time, shall be used for analyzing the
samples of food articles. However, in case the method for
analyzing any parameter is not available in these manuals, the
method of analysis prescribed in the following manuals shall be
adopted: Pearson’s/JACOB/IUPAC/Food chemicals
codex/BIS/Woodmen/Winton-Winton/Joslyn Further, in case of
non-availability of method of analysis in these manuals, the
22
method prescribed in any other standard published literature or
publication shall be adopted.
3.4.3: Action to be taken by Designated Officer on the report of
Food Analyst.
If, after considering the report, if any, of the Food Safety
Officer or otherwise, the Designated Officer is of the opinion that
the report delivered by the Food Analyst under Rule 3.4.2 (5) is
erroneous, he shall forward one of the parts of the sample kept
by him to referral laboratory, for analysis and if the analysis
report of such referral laboratory is to the effect that the article
of food is unsafe or sub-standards or mis-branded or containing
extraneous matter, the provisions of rule 4.1 shall, so far as
may be, apply.
3.4.4: Purchasers may have the food analysed
1. A Purchaser of food article may, if he so desires, have the article
analysed by the Food Analyst according to the procedure notified
by the Food Authority. In case of any difficulty a purchaser may
also request the Designated Officer with justification for
sampling and testing from a Food Business Operator. Designated
officer shall consider the application on merit and take
appropriate action.
2. If the Purchaser desires to have the food article purchased by
him to be analysed by the Food Analyst, he shall give a notice in
writing, then and there, in Form V.b of his intention to have it
so analysed to the person from whom he has purchased the food
article.
23
3. The provisions of 3.4.1 shall mutatis mutandis apply in respect
of samples taken for analysis by the Purchaser.
4. The Purchaser shall pay the prescribed fee to the Food Analyst
for carrying out the analysis.
5. The Food Analyst shall send to the Purchaser his report on
analysis of the article of food and if the finding of the report is to
the effect that the article of food is
adulterated/misbranded/contaminated or does not conform to
the standards prescribed under the Act or the Regulations, the
Food Analyst shall also send a copy of his report to the
Designated Officer of the area in which the article of food was
purchased, in addition to sending a copy of the Report to the
Purchaser.
6. The report of the Food Analyst shall be sent within 14 days of
the receipt of the article of food for analysis and such report
shall be in Part A of Form No. VII.
7. If the report of the Food Analyst shows that the article of food is
not in compliance with the provision of the Act or the rules or the
regulations made there under, the Purchaser shall be entitled to
get refund from the Food Analyst, the amount of fees paid by
him to the Food Analyst.
3.4.5: Food business operator’s right to have the food analysed
1. In case the Food business operator from whom the sample has
been taken or the person whose name and address and other
particulars have been disclosed under Rule 3.5 of these rules,
desires to have the fourth part of the sample analysed, he shall
request the Food Safety Officer in writing to send the sample to
24
any accredited laboratory for analysis under intimation to the
Designated officer.
2. The Food Safety Officer shall send the sample to an accredited
laboratory, under intimation to the Designated officer
immediately, but not later than next succeeding working day.
Provided that the cost of testing by the accredited lab will be
borne by the Food Business Operator or the person identified
under Rule 3.6.
3. The Food analyst of the accredited laboratory shall analyse the
sample within fourteen days from the date of the receipt of the
sample
Provided that in case the sample cannot be analysed within
fourteen days from the date of its receipt, the Food analyst of the
accredited laboratory, shall inform the Designated officer and the
Commissioner of Food Safety giving reasons and specify the time to
be taken for analysis.
4. The Food Analyst shall send four copies of the analysis report to
the Designated officer, in the proforma given in Part A of Form
VII, indicating the method of analysis.
3.4.6: Appeal to the Designated Officer
1. On receipt of analysis report from the Food Analyst, to the effect
that the sample of food sent for analysis is
adulterated/misbranded/contaminated/does not conform to
standards prescribed under the Regulations, the Food business
operator or the person whose name and address and other
particulars have been disclosed under Rule 3.5 may file an
appeal against the report of Food Analyst before the Designated
25
Officer. Such appeal shall be in Form VIII and the same shall
be filed within 30 days from the date of the receipt of the copy of
the analysis report from the Designated Officer
2. The Designated Officer shall fix a date of hearing of the appeal
after giving notice of such hearing to the Appellants.
3. If on consideration of materials placed before him, the
Designated Officer is of the opinion that the matter be referred
to the referral laboratory for opinion, he shall forward one part of
the sample with him to the referral laboratory and the report of
the referral laboratory shall be final.
4. The Designated Officer shall send the sample in the required
condition including transport to retain the integrity of the
sample. The remaining samples will also be safely kept under
appropriate conditions to prevent deterioration.
26
3.5: Nomination by a company
3.5.1: Offences and liabilities of a company
1. Where an offence under Section 48 of this Act has been
committed by a company, every person who at the time the
offence was committed was in charge of, and was responsible to
the company for the conduct of the business of the company, as
well as the company, shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished
accordingly under Section 66 of the Act.
2. Where a Company has different establishments or branches or
different units in any establishment or branch, such Company
shall inform the concerned licensing authority, the name and
designation of the Head, or the person in-charge of such
establishment or branch or unit nominated by the company as
responsible for food safety, and such head or the person incharge
shall be responsible for all activities and compliances with
this Act, rules and regulations.
Such nomination in respect of the person in charge shall be
made in Form IX, signed by the proprietor or any signatory
authorized by the Board of Directors of the company for the
purpose.
3. Where
a. A Company having different establishments or branches
or different units in any establishment or branch has not
intimated name and designation of the head, or made any
nomination under sub-rule (2) above for any or all of its
establishments or branches, or
b. determination of the Head, or the person in-charge or the
person responsible for food safety in any establishment,
branch or unit cannot be made for any reason whatsoever,
or
c. The nomination under sub rule 2 above is found to be not
in accordance with the provisions of the Act and procedure
laid down in these rules,
then every person who at the relevant time was in-charge of the
affairs of the Company, or responsible for the conduct of the
affairs of the Company as well as the Company shall be deemed to
be guilty of the offence for the purposes of Section 66 of the Act.
27
CHAPTER 4: ADJUDICATION AND APPEAL TO TRIBUNAL
4.1: Adjudication proceedings
4.1.1: Holding of inquiry
1. The Designated Officer shall, on receipt of the report from the
Food Analyst, analyse the contents of such report and take other
necessary administrative action including suspension and
cancellation of license in the public interest.
Provided that while taking such administrative action the
procedure described in the Act and regulations shall be followed.
2. If on receipt of the copy of the report of Food Analyst from the
Designated Officer, the person from whom the sample was taken
or the persons, whose names and addresses and other
particulars have been disclosed under rule 3.5 of these rules or
whole saler or manufacturer has preferred an appeal against
the findings of the report of the Food Analyst before the
Designated Officer in terms of sub-section (4) of section 46 of
the Act and the same has been dismissed, or the referral
laboratory has, pursuant to the reference made by the
Designated Officer in terms of sub-section (4) of section 46 of
the Act confirmed the findings of the Food Analyst in his report,
or if no appeal has been preferred, the Designated Officer shall
examine the case on the basis of the sections under which the
person has been charged as to whether the contravention is
punishable with imprisonment or the same is punishable with
fine only under the Act. However, if no contravention is
established and the sample conforms to the requirement of
these regulations, the same will be communicated to the Food
28
Business Operator immediately but not later than the next
working day.
3. If the Designated Officer decides that such contravention is not
punishable with imprisonment but only with fine under the
provisions of the Act, he shall cause and authorize the Food
Safety Officer to file with the Adjudicating Officer an application
for adjudication of the offence alleged to have been committed
by the person from whom the food sample has been taken or
the person whose name and address and other particulars have
been disclosed under rule 3.5 of these rules and/or the seller or
manufacturer of the food item in respect of which the report has
been received.
4. On receipt of the communication from the Designated Officer
authorizing the filing of the adjudication application, the Food
Safety Officer shall file the application for adjudication with the
Adjudicating Officer for adjudication of the offence/contravention
alleged to have been committed.
5. On receipt of the application for adjudication from the Food
Safety Officer, the Adjudicating Officer shall commence the
inquiry proceedings.
6. The Adjudicating Officer shall have power to hold an inquiry for
purpose of adjudicating offences punishable under sections 50,
51, 52, 53, 54, 55, 56, 57, 64, 65 and 67 of the Act.
29
7. For holding an inquiry for the purpose of adjudication under
section 68 of the Act as to whether any person or persons has
committed contravention of any of the provisions of the Act
referred to in rule 4.1.1.(6) herein or the rules or regulations in
respect of which the offence is alleged to have been committed,
the Adjudicating Officer shall, in the first instance, issue a
notice to such person or persons giving him or them an
opportunity to make a representation in the matter within such
period as may be specified in the notice (not being less than 30
days from the date of service thereof).
8. Every notice under rule 4.1.1.(7) to any such person shall
indicate the nature of offence alleged to have been committed
by him or them, the section/s of the Act alleged to have been
contravened, and the date of hearing of the matter. A copy
of the report of the Food Analyst shall also be annexed to such
notice.
9. On the date fixed for hearing, the Adjudicating Officer shall
explain to the person or persons proceeded against or his
advocate, the offence alleged to have been committed by such
person, indicating the provision of the Act, rules or regulations in
respect of which the contravention is alleged to have taken
place.
10. The Adjudicating Officer shall then give an opportunity to
such person or persons to produce such documents or evidence
as he may consider relevant to the inquiry and if necessary the
hearing may be adjourned to a future date
30
Provided that the notice referred to in rule 4.1.1. (7) may, at
the request of the person concerned, be waived.
Provided further that the Adjudicating Officer shall pass the final
order in the case not later than 90 days from the date of first
hearing mentioned in Para (9) above.
11. The State Government may appoint a presenting officer in
an inquiry under this rule.
12. While holding an inquiry under this rule, the Adjudicating
Officer shall have the power to summon and enforce the
attendance of any person acquainted with the facts and
circumstances of the case to give evidence or to produce any
document which, in the opinion of the Adjudicating Officer may
be useful for or relevant to, the subject matter of the inquiry.
13. If any person fails neglects or refuses to appear as
required by rule 4.1.1 (8) before the Adjudicating Officer, the
Adjudicating Officer may proceed with the inquiry in the absence
of such person, after recording the reasons for doing so.
31
4.1.2: Order of the Adjudicating Officer and matters relating
thereto
1. If, upon consideration of the evidence produced before the
Adjudicating Officer, the Adjudicating Officer is satisfied that the
person or persons or any of them against whom the inquiry has
been conducted, has become liable to penalty and/or any
suitable administrative action under any of the sections referred
to in rule 4.1.1. (6) he may, by order in writing, impose such
penalty as he thinks fit, in accordance with the provisions of the
relevant section or sections of the Act.
2. If however, upon consideration of the evidence produced before
the Adjudicating Officer, the Adjudicating Officer is satisfied that
the person or persons or any of them against whom the inquiry
has been conducted, has or have not contravened the provisions
of the Act as alleged in the reference, he shall dismiss the
reference against such person.
3. Every order made under rule 4.1.2. (1) shall specify the
provisions of the Act or the rules or the regulations in respect of
which the offence has taken place and shall contain brief reasons
for such decision. While imposing monetary penalty, the
Adjudicating Officer shall have due regard to the provisions of
section 49 of the Act.
4. Every such order shall be dated and signed by the Adjudicating
Officer.
5. Communication of copy of the order - The Adjudicating
Officer shall send a copy of the order made under rule 4.1.2 to
the person or persons against whom the inquiry was conducted
32
and the Food Safety Officer who has filed the application for
adjudication.
6. Service of notice and orders - A notice or an order issued
under these rules shall be served on the person or the persons
against whom the adjudication proceedings were held or inquiry
has been conducted, in any of the following manner:
i. by delivering or tendering it to that person or his duly authorized
representative or
ii. by sending it to the person by registered post with
acknowledgement due to the address of his place of residence or
his last known place of residence or the place where he carried on
or last carried on, business or personally works or last worked for
gain or
iii. if it cannot be served in the manner specified under rule (i) of
4.1.2 (6) or rule (ii) of 4.1.2 (6) by affixing it on the outer door or
some other conspicuous part of the premises in which that person
resides or is known to have last resided or carried on business or
personally works or has worked for gain and written report thereof
should be witnessed by two persons.
4.2: Appellate Tribunal
4.2.1 Qualification and terms of office of Presiding Officer of an
Appellate Tribunal
Qualification and selection of Presiding Officer
1. No person shall be qualified for appointment as a Presiding
Officer of an Appellate Tribunal unless he is or has been a
District Judge and has not attained the age of 65 years on the
date of appointment.
33
2. The Presiding Officer shall be selected by the State Government
in which the Appellate Tribunal is located. The selection panel
shall consist of three persons, one being a serving Judge of the
High Court in which the Appellate Tribunal is located, the Law
Secretary of the State Government and the Secretary of the
concerned department of the State Government.
3. The panel’s recommendation shall be decided by the majority of
the members constituting the panel. The panel shall send its
recommendation to the State Government, which will then take
such steps as may be necessary to notify the appointment of the
Presiding Officer. If there are more than one candidate which the
panel has recommended for appointment, the panel shall rank
the candidates in the order of their merit.
4.2.2: Terms and conditions of service of Presiding Officer
1. Term of office: The Presiding Officer of the Appellate Tribunal
shall hold office for a term of five years from the date on which
he assumes office or until he attains the age of 65 years,
whichever is earlier.
Filling of vacancy: If for reason other than temporary absence,
any vacancy occurs in the office of the Presiding Officer of the
Appellate Tribunal, then the Central Government or the State
Government, as the case may be, shall appoint another person
in accordance with the provisions of the Act to fill the vacancy
and the proceedings may be continued before the Appellate
Tribunal from the stage at which the vacancy occurred.
34
2. Salary and allowances of Presiding Officer: The Presiding
Officer of Appellate Tribunal shall be paid such salary as
admissible to a serving District Judge of the State in which the
Appellate Tribunal is located.
Provided that if the Presiding Officer is in receipt of any
retirement benefit by way of pension, gratuity, employer’s
contribution to Contributory Provided Fund, etc. the pay of such
Presiding Officer shall be reduced by the gross amount of
pension or employer’s contribution to the Contributory Provided
Fund or any other form of retirement benefit, if any, drawn or to
be drawn by him.
i. Travelling Allowance: The Presiding Officer while on tour
or o n transfer (including the journey undertaken to join
the Appellate Tribunal or on the expiry of his term with the
Appellate Tribunal to proceed to his home town) shall be
entitled to travelling allowance, daily allowances,
transportation of personal effects and other similar matters
at the same scale and at the same rates as are applicable
to a District Judge of the State in which the Appellate
Tribunal is located.
ii. Leave Travel Concession: The Presiding Officer shall be
entitled to Leave Travel Concession at the same rates and at
the same scale as are applicable to a District Judge of the
State in which the Appellate Tribunal is located.
iii. Conveyance: The Presiding Officer shall be entitled to a
staff car as applicable to a District Judge.
iv. Facilities of Medical Treatment: The Presiding Officer of
the Appellate Tribunal shall be entitled to medical treatment
and hospital facilities as provided in the Service Rules as are
35
applicable to a District Judge in the state in which the
Appellate Tribunal is located.
3. Resignation and removal: The Presiding Officer of the
Appellate Tribunal may, by a notice in writing under his hand
addressed to the Central Government or the State
Government, as the case may be, which has appointed him,
resign from his office.
The Central Government or the State Government, as the case
may be, remove from office, the Presiding Officer of the
Appellate Tribunal, who
i. has been adjudged as insolvent
ii. has been convicted of an offence which in the opinion of the
Central Government or the State Government, as the case
may be, involves moral turpitude
iii. has become physically or mentally incapable of acting as the
Presiding Officer
iv. has acquired such financial or other interest as is likely to
affect prejudicially his functions as the Presiding
Officer
v. has so misbehaved or abused his position as to render his
continuance in office prejudicial to the public interest.
Provided however that the Presiding Officer shall not be so removed
from his office for reasons mentioned in iv and v except by an order
of the Central Government or the State Government, as the case may
be, after an inquiry made by a serving or retired Judge of a High Court
in which the Presiding Officer has been informed of the charges
against him and given a reasonable opportunity of being heard in
36
respect of the charges and the person conducting the enquiry files a
report that the Presiding Officer ought to be removed.
Whereas in respect of i, ii, and iii the decision of the Government
shall be based on convincing evidence or documentary proof on the
basis of a speaking order.
4. Residuary powers and power to relax rules
i. Residuary Powers: Matters relating to the conditions of
service of the Presiding Officer with respect to which no
express provision is made in these rules, shall be referred,
in each case to the Central Government or the State
Government as the case may be for its decision and the
decision of the Central Government or the State
Government thereon shall be binding on the Presiding
Officer.
ii. Power to relax: The Central Government or the State
Government as the case may be, shall have the power to
relax the provision of any of these rules relating to Presiding
Officer.
4.3: Procedure for Appeal to Appellate Tribunal and Connected
matters therewith
4.3.1 Appeal to Appellate tribunal
1. Limitation for filing appeal: Every appeal under section 70 of
the Act, arising out of a decision of the Adjudicating Officer appointed
under section 68 of the Act, shall be filed within a period of 30 days
37
from the date on which the copy of the order against which the appeal
is filed, is received by the appellant.
Provided however that the Appellate Tribunal may allow a maximum of
another 30 days to entertain an appeal if it is satisfied that there was
sufficient cause for not filing the appeal within first 30 days.
2. Form and procedure of appeal
i. A memorandum of appeal shall be presented in Form XIII by
any aggrieved person in the registry of the Appellate Tribunal
or shall be sent by registered post addressed to the Registrar.
ii. A memorandum of appeal sent by post shall be deemed to
have been presented in the registry on the day it is received
in the registry.
3. Contents of Memorandum of Appeal
i. Every Memorandum of Appeal filed under rule 4 shall set
forth concisely under distinct heads, the grounds of such
appeal and such grounds shall be numbered consecutively.
ii. It shall not be necessary to present separate memorandum
of appeal to seek interim order or direction, if the same is
prayed for in the Memorandum of Appeal.
4. Manner of presentation of appeal or application or petition
i. Every appeal or petition or application presented to the
Appellate Tribunal shall be in English or the local language
of the state and shall be fairly and legibly type written or
printed, in double spacing on one side of standard petition
paper, duly paginated, indexed and stitched together in
paper book form.
ii. Appeal or petition or application shall be divided into
paragraphs and shall be numbered consecutively.
38
5.Initialing alteration
Every interlineations erasing or correction or deletion in any appeal or
petition or application filed before the Appellate Tribunal shall be
initialed by the party or his authorized agent in writing or the party’s
advocate presenting the same.
6. Presentation of appeal, petition or application
i. Every appeal, petition or application shall be presented in
triplicate by the appellant or the petitioner or the applicant,
as the case may be, in person or by his duly authorized
agent in writing or by an advocate duly appointed in this
behalf and shall be accompanied, wherever applicable, with
the stipulated fee.
ii. Every appeal shall be accompanied by the certified copy of
the impugned order.
7. Scrutiny of memorandum of appeal
i. The Registrar shall endorse on every appeal the date on
which it is presented under rule 4.3.2 or deemed to have
been presented under that rule and shall sign endorsement.
ii. If on scrutiny, the appeal is found to be in order, it shall be
duly registered and given a serial number.
iii. If on scrutiny, the appeal or petition or application is found
to be defective, the same shall, after notice to the party, be
returned for compliance and if within 21 days of receipt of
such notice or within such extended time as may be granted
by the Registrar, the defect is not rectified, the Registrar,
39
may, for reasons to be recorded in writing, decline to
register the appeal or petition or application.
8. Ex-parte amendments
i. In every appeal or petition or application, arithmetical,
grammatical, clerical and such other errors may be
rectified on the orders of the Registrar without notice to
parties.
9. Service of appeal on the respondent
A copy of the Memorandum of Appeal and the paper book shall be
served by the Registrar on the Respondent as soon as they are
registered in the registry, by hand delivery or by Registered post or
speed post.
10. Calling for records
On the admission of the appeal or the application or petition, the
Registrar shall, if so directed by the Appellate Tribunal, call for the
records relating to the proceedings from the respective Adjudicating
Officer and re-transmit the same at the conclusion of the proceedings
or thereafter.
11. Reply to the appeal by the Respondent
i. Respondent may, within 30 days of service of notice of
appeal file with the registry three complete sets
containing reply to the appeal along with the documents in
a paper book form.
40
ii. A copy of every reply and a copy of every
document/material annexed to the reply, relied on by the
Respondent, shall be served on the appellant by the
respondent.
12. Fee
i. Every Memorandum of appeal shall be accompanied with a
fee provided in sub-rule (ii) and such fee shall be remitted in
the form of crossed demand draft drawn on a nationalized
bank in favour of “Registrar, Food Safety Appellate
Tribunal” payable at the station where the Appellate Tribunal
is located.
ii. The amount of fee payable in respect of appeal against
adjudication orders passed under section 68 of the Act shall
be as follows:
Sl
No.
Amount of penalty imposed Amount of fee payable
1. Less than Rupees10,000/- Rs. 500/-
2. Rupees Ten thousand or more but less
than Rupees One lakh
Rs. 1,500/-
3. Rupees One lakh or more Rs.1500/- plus Rupees
500/- for every additional
one lakh of penalty or
fraction thereof subject to a
maximum of Rs.5,000/-
41
4.3.2 General matters relating to Appellate Tribunal
1. Sitting hours of the Appellate Tribunal
The sitting hours of the Appellate Tribunal shall ordinarily be from 11
a.m. to 1.30 p.m. and from 2.30 p.m. to 5 p.m., subject to any order
issued by the Presiding Officer.
Working hours of the Appellate Tribunal
i.The office of the Appellate Tribunal shall remain open on all
working days on which the State Government Offices remain
open and the working hours of the office of the Appellate
Tribunal shall be as applicable to working hours of the State
Government in which the Appellate Tribunal is located.
ii.The filing counter of the Registry shall remain open on all
working days from 11 a.m. to 4.30 p.m.
2. Language of the Appellate Tribunal
i.The proceedings of the Appellate shall be conducted in
English or the local language of the state.
ii.No document filed in the proceedings before the Appellate
Tribunal in any language other than English, shall be
accepted by the Appellate Tribunal unless the same is
accompanied by a true copy of translation thereof in
English.
3. Official seal of the Appellate Tribunal
i. The official seal of the Appellate Tribunal shall be such, as
the Presiding Officer may from time to time specify.
42
ii. The official seal of the Appellate Tribunal shall be kept in
the custody of the Registrar.
iii. Subject to any general or special direction given by the
Presiding Officer, the official seal of the Appellate Tribunal
shall not be affixed to any order, summons or other
process, save under the authority in writing from the
Registrar.
iv. The official seal of the Appellate Tribunal shall not be
affixed to any certified copy issued by the Appellate
Tribunal, save under the authority in writing of the
Registrar.
4. Format of order or direction or rule
Every direction, order, summons, warrant or other mandatory process
shall be issued in the name of the Presiding Officer and shall be signed
by the Registrar or any other officer specifically authorized in that
behalf by the Presiding Officer, with the day, month and year of
signing and shall be sealed with the seal of the Appellate Tribunal.
5. Carry forward of cause list and adjournment of cases on
account of non-sitting of the Appellate Tribunal
If by reason of declaration of holiday or for any other unforeseen
reason, the Appellate Tribunal does not function for the day, the Daily
Cause List for that day shall, unless otherwise directed, be treated as
the Daily Cause List for the next working day, in addition to the cases
already posted for that day.
6. Record of Proceedings
Case Diaries, in each appeal, shall be kept by the clerk-in charge in
such form as may be prescribed by the Presiding Officer and they shall
be written legibly. The diary in the main file shall contain a concise
43
history of the appeal or petition or application, and the substance of
the order(s) passed thereon.
7. Order sheet
i. Order sheet shall be maintained in every proceeding and
shall contain all orders passed by the Appellate Tribunal
from time to time.
ii. Order sheet shall also contain the reference number of the
appeal or petition or application, date of order and all
incidental details including short cause title thereof .
8. Calling of cases in the Appellate Tribunal
Subject to any direction that may be given by the Presiding Officer,
the clerk-in-charge shall call the cases listed in the cause list in the
serial order.
9. Issue of notice
i. Where notice of an appeal or petition or application is issued
by the Appellate Tribunal, copies of the same, the Affidavit
in support thereof and the copy of other documents filed
therewith, if any, shall be served along with the notice on
the other side.
ii. The aforesaid copies shall show the date of presentation of
the appeal or petition or application and the name of the
advocate of such party, with his full address for service and
the interim order, if any, made thereon.
iii. The Appellate Tribunal may order for issuing notice in
appropriate cases and also permit the party concerned for
service of the said notice on the other side by private
service and in such case, deliver the notice to such party
and it is for such party to file affidavit of service with proof.
44
10. Summons
Whenever summons or notice is ordered by private service, the
appellant or applicant or petitioner as the case may be, unless already
served on the other side in advance, shall arrange to serve the copy of
appeal or application or petition by registered post or courier service
and file affidavit of service with its proof of acknowledgment before the
date fixed for hearing.
11. Steps for issue of fresh notice
If any notice is returned unserved in the circumstances not specified in
rule 4.3.3 (9) that fact and the reason thereof shall be notified
immediately on the notice board of the Registry. The appellant or
applicant or petitioner shall within seven days from date of such
notification takes steps to serve the notice afresh.
12. Consequence of failure to take steps for issue fresh notice
Where after a summon has been issued to the other side and returned
unserved and the appellant or applicant or petitioner, as the case
maybe, fails to take necessary steps within a period as ordered by the
Appellate Tribunal from the date of return of the notice on the
respondent/s, the Registrar shall post the case before the Appellate
Tribunal for further directions or for dismissal for non-prosecution.
13. Default of appearance of respondent and consequences
Where the respondent, despite effective service of summons or notice
on him does not appear before the date fixed for hearing, the
Appellate Tribunal may proceed to hear the appeal or application or
petition ex parte and pass final orders on merits.
45
14. Filing of objections by respondent
i. The respondent, if so directed by the Appellate Tribunal,
shall file objections or counter within the time allowed by
the Appellate Tribunal. The objections shall be verified as
an appeal or petition and wherever new facts are sought to
be introduced for the first time, leave of the Appellate
Tribunal shall be obtained.
ii. The respondent, if permitted to file objections or counter in
any proceeding shall also file three copies thereof after
serving copies of the same on the appellant or applicant or
the petitioner or their Advocate on record or the authorized
representative, as the case may be.
15. Inspection of records
The parties to any proceedings before the Appellate Tribunal or their
Advocate or the authorized representative may be allowed to inspect
the records of such proceedings by making an application in that
behalf to the Registrar and paying the prescribed fee for such
inspection.
16. Grant of inspection
i. An application for inspection of record under rule 4.3.3 (13)
shall be in the prescribed form and presented at the filing
counter of the Registry between 10.30 a.m. and 3 p.m. on
any working day and three days before the date on which
the inspection is sought, unless otherwise permitted by the
Registrar.
46
ii. The Registry shall submit the application with its remarks
before the Registrar, who shall on consideration of the
same, pass appropriate orders.
17. Fee payable for inspection
Fee as may be specified by the Food Authority shall be payable on any
application for inspection of records of a pending or decided case.
Such fee shall be paid by way of Demand Draft to be drawn in favour
of “Registrar, Food Safety Appellate Tribunal” and payable at the place
where the Appellate Tribunal is located.
18. Mode of inspection
i. On grant of permission for inspection of the records, the
Registry shall arrange to procure the records of the case
and allow inspection of such records on the date and time
fixed by the Registrar between 10.30 a.m. and 12.30 p.m.
and between 2.30 p.m. and 4.30 p.m. in the immediate
presence of an officer authorised in that behalf.
ii. The person inspecting the records shall not in any manner
cause dislocation, mutilation, tampering or damage to the
records in the course of inspection.
iii. The person inspecting the records shall not make any
marking on any record or paper so inspected and taking
notes, if any, of the documents or records inspected may be
done only in pencil.
iv. The officer of the Registry supervising the inspection may at
any time prohibit further inspection, if in his opinion, any of
the records are likely to be damaged in the process of
inspection or the person inspecting the records has violated
47
or attempted to violate the provisions of these rules and
shall immediately make a report about the matter to the
Registrar and seek further orders from the Registrar.
19. Maintenance of Register of Inspection
The Registry shall maintain a Register for the purpose of inspection of
documents or records and shall obtain therein the signature of the
person making such inspection on the Register as well as on the
application on the conclusion of inspection.
20. Application for production of documents and form of
summons
i. Except as otherwise provided hereunder, discovery or
production and return of documents shall be regulated by
the provisions of Civil Procedure Code, 1908.
ii. An application for summons to produce documents shall set
out the document/s production of which is sought; the
relevancy of the document/s and in case where the
production of a certified copy would serve the purpose,
whether application was made to the proper officer and the
result thereof.
21. Suo motu summoning of documents
Notwithstanding anything contained in these rules, the Appellate
Tribunal, may, suo motu, issue summons for production of public
documents or other documents in the custody of a public officer.
48
4.3.3:Powers and functions of the Registrar and related
matters
1. The Registrar shall discharge his functions under the general
superintendence of the Presiding Officer. He shall discharge
such other functions as are assigned to him under these rules by
the Presiding Officer.
2. The Registrar shall have the custody of the records of the
Appellate Tribunal.
3. The Registrar shall have the following powers and functions viz.
i. registration of appeals, petitions and applications;
ii. to receive applications for amendment of appeal or the
petition or application or subsequent proceedings
iii. subject to the directions of the Presiding Officer, to fix date
of hearing of the appeal or other proceedings and issue
notices thereon
iv. to order grant of copies of documents to parties to
proceedings.
v. to dispose of all matters relating to the service of notices
or other processes, application for the issue of fresh notice
or for extending the time for or ordering a particular
method of service on a respondent including a substituted
service by publication of the notice by way of
advertisement in the newspapers.
vi. to requisition records from the custody of the Adjudicating
officer or any other authority.
4. Preparation and publication of daily cause list:
i.The Registry shall prepare and publish on the Notice Board
of the Registry before the closing of working hours on each
49
working day, the cause list for the next working day and
subject to the directions of the Presiding Officer, listing of
cases in the Daily Cause List shall be in the following order
of priority: cases for “pronouncement of orders”
a. cases for “clarification”
b. cases for “admission”
c. cases for “orders or directions”
d. part-heard cases, latest part-heard having precedence
e. cases posted as per numerical order or as directed by the
Presiding Officer
ii. The title of the daily cause list shall contain the number of the
appeal or petition or application number, the day, date and
time of the sitting of the Appellate Tribunal and the Coram
indicating the name of the Presiding Officer.
iii. Against the number of each case listed in the daily cause list,
the following shall be shown namely
iv. the name/s of the advocate/s appearing for both sides and
setting in brackets the details of the parties whom they
represent
v. the names of the parties, if unrepresented, with their details
in brackets
vi. The objections and special directions, if any, of the Registry
shall be briefly indicated in the daily cause list in remarks
column, whenever compliance is required.
4.3.4: Orders of Appellate Tribunal and related matters
1. Order
i. Every order of the Appellate Tribunal shall be signed and
dated by the Presiding Officer. The Presiding Officer shall
50
have powers to pass interim orders or injunction, subject to
reasons to be recorded in writing, which he considers
necessary in the interest of justice.
ii. Orders shall be pronounced in the sitting of the Appellate
Tribunal by the Presiding Officer
iii. Reading of the operative portion of the order shall be
deemed to be pronouncement of order.
iv. When orders are reserved, the date for pronouncement of
order shall be notified in the cause list which shall be a valid
notice of intimation of pronouncement.
2. Communication of orders
A certified copy of every order passed by the Appellate Tribunal shall
be communicated to the Adjudicating Officer and to the parties, as the
case may be.
3. Publication of orders
The orders of the Appellate Tribunal, as are deemed fit for publication
in the press may be released for such publication on such terms and
conditions as the Presiding Officer may specify.
4. Making of entries
Immediately on pronouncement of an order by the Presiding Officer,
the Registrar shall make necessary endorsement on the case file
regarding the date of such pronouncement and the nature of disposal
and shall also make necessary entries in the diary maintained by him.
5. Indexing of case files after disposal
After communication of the order to the parties or their counsel, the
Registry shall arrange the records with pagination and prepare in the
Index Sheet in such form as may be prescribed by the Appellate
51
Tribunal. He shall affix initials and then transmit the records with the
Index to the records room.
6. Copies of orders in library
i. The Officer in charge of the Registry shall send copies of
every final order to the library.
ii. Copies of all final orders received in each month shall be
kept at the library in a separate folder, arranged in the
order of date of pronouncement, duly indexed and stitched.
7. Removal of difficulties and issue of directions
Notwithstanding anything contained in these rules, wherever the rules
are silent or no provision is made, the Presiding Officer may issue
appropriate directions to remove difficulties and issue such order or
circulars to govern the situation or contingency that may arise in the
working of the Appellate Tribunal.
52
FORM I
FORM OF AFFIDAVIT
Seizure of books of account and other documents
(Refer rule 3.2.2(2))
I, son of/wife of/daughter of Mr. _________, aged about
__________ years and residing at __________________do hereby
solemnly affirm and sincerely state as follows:
1. I am the sole proprietor/Partner/Director/employee of
___________________Private Ltd/Limited (here give the name of the
firm or Company) having its Office/carrying on business//Registered
Office at _____________.
2. I say that on ______ at about ___a.m./p/m., the Food Safety
Officer,______________(here give the area of operation of the Food
Safety Officer) inspected/searched the premises at
_________________ where I am/ ________Private Ltd./Limited is
carrying on business. During the course of such inspection/search, the
Food Safety Officer has seized certain books of account and documents
relating to the business.
4. I say that the books of accounts and other documents seized during
the inspection/search are required for carrying on business and hence
it is necessary that they be returned to me immediately.
5. At my request, the Food Safety Officer has agreed to return the books
of account and other documents so seized during the
inspection/search, subject to my providing him extracts or copies of
53
such books of account and other documents. The Food Safety Officer
has given me the details of the extracts or the copies required by him.
6. I say that I have caused the extracts/copies so required to be taken in
the presence of the Food Safety Officer/___________ (name) an
officer working in the department of the Food Safety Officer.
7. I confirm and declare that the extracts/copies annexed to this Affidavit
are the true, authentic and genuine extracts/copies of books of
account/other documents seized on _______ and in confirmation
thereof, I have initialed each page of such extracts/copies.
8. I am aware that based on the solemn declarations given in this
Affidavit, the Food Safety Officer has agreed to return the books of
accounts and other documents seized as aforesaid on __________.
9. I hereby undertake to produce the books and accounts and other
documents or any part thereof at any time as may be required by the
Designated Officer of by the Food Safety Officer or before any inquiry
proceedings or before any adjudication proceedings that may be
initiated by the Food Safety Officer against me or against
________Private Ltd./Limited or both..
(SIGNATURE OF THE DEPONENT)
Solemnly affirmed and
signed before me this _____ of _____
Judicial First Class Magistrate.________
Notary Public
54
FORM II
SEIZ SEIZURE MEMO
URE [Refer rule 3.3.1]
In exercise of the power delegated to me under section38 of the FSS Act, I
hereby seize/detain the under mentioned food products/documents which
contravene the provision of section------------------------------------ of this Act at the
premises of M/S---------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------
Sl.No. Name of the products Batch No. No of units Qty in kgs .
1.
2.
3.
4.
5.
----------------------------------------------------------------------------------------------------------------------
The detention/seizure has been made and the inventory has been prepared in
presence of the following witnesses.
Name and address of the witness signature.
1.
2.
The products detained/seized have been duly sealed and are left in the custody
of Shri.-------------------------------------------------------------------------------------------------------------------------
with the instruction not to tamper with the seals and not to dispose of the
products till further order.
Signature of Manufacturer/dealer Signature of Food Safety Officer
Name--------------------------------------------------
Place--------------------------------------------------
Date:-----------------------------------------
55
FORM III
FORM OF ORDER OF SEIZURE
[Refer rule 3.3.2.(1)]
To
(Name and address of the Food Business Operator)
………………………………….
………………………………….
………………………………….
Whereas below mentioned articles of food….intended for sale which is
in your possession appears to me to be adulterated/misbranded under
in violation of section---------------------------------of FSS Act:
Sl.No. Name of the products Batch No. No of units Qty in kgs
.
1.
2.
3.
4.
5.
----------------------------------------------------------------------------------------------------------------------
Now therefore under clause (c) of sub-section (1) of section 38 of the
Food Safety and Standards Act, 2006 (34 of 2006), I hereby direct you
to keep in your safe custody the said sealed stock subject to such
orders as may be issued subsequently in relation thereto.
Food Safety Officer
Area…………
Place:
Date:
56
FORM IV
[Refer rule 3.3.2.(2)]
FORM OF SURETY BOND
Know all men by these present that we (i) ………………..son of
……………resident of ……..and (ii) …… son of ………..resident of
…………….proprietors/partners/employees of Messrs ……….hereinafter
called the Food Business Operator (s) and (iii)…………..son of
………..resident of …….and (iv) ………son of ……….resident
of………….hereinafter called the surety/sureties are held and firmly
borne up to the President of India/Governor of………hereinafter called
the government in the sum of …………..rupees to be paid to the
government, for which payment will and truly be made.
We firmly bind ourselves jointly and severally by these presents.
Signed this …………day of ……………….whereas Shri……………Food Safety
Officer has seized……….(here, insert the description of materials
together with number/quantity and total price hereinafter referred to
as the said article) from ………..(specify the place);
An whereas on the request of the Food Business Operator(s) the
government has agreed to keep the said article in the safe custody of
the Food Business Operator(s) executing a bond in the terms
hereinafter contained and supported by surety/ two sureties which the
Food Business Operator(s) has/have agreed to do………………Now the
condition of the above written obligation is such that if in the event of
the Food Business Operator(s) failure to produce intact the said article
before such court or Authority and on such dates(s) as may be
specified by the said Food Safety Officer from time to time the Food
57
Business Operator(s) and /or the surety/sureties forthwith pay to the
government on demand and without a demur sum of ………rupees and
there after the said bond will be void and of no effect. Otherwise the
same shall be and remain in full force and virtue.
These presents further witness as follows:
(i) The liability of the surety/sureties hereunder shall not be
impaired or discharged by reason of time being granted by or any
forbearance, act or omission of the government whether with or
without the knowledge or consent of the sureties or either of them in
respect of or in relation to all or any of the obligations or conditions to
be performed or discharged by the Food Business Operator(s). Nor
shall it be necessary for the government to sue the Food Business
Operator(s) before suing the sureties or either of them for the amount
due, hereunder.
(ii) This Bond is given under the Food Safety and Standards
Act,2006 for the performance of an Act in which the public are
interested.
(iii) The government shall bear the stamp duty payable on
these presents.
In witness whereof these presents have been signed by the Food
Business Operator(s) and the surety/sureties the day hereinabove
mentioned and by Shri……………on behalf of the President of India on
the date appearing below against his signature.
Witnesses:
1.……………………. (Signature)
(Name and address)…………………..
58
2……………………. (Signature)
(Name and address)…………………..
Signature………………… (Food Business Operator)………
Signature………………… (Food Business Operator)………
Signature………………….. (Surety)………
Signature………………….. (Surety)………
for and on behalf of the
President
of India / governor of state of.
Signature………………………...
( Designation)………
59
FORM V (a)
FORM OF NOTICE To THE Food Business Operator
(Refer rule 3.4.1. (4))
To
………………..
……………….
Dear Sir/s/ Madam:
I have this day taken the samples of food from
premises/shop/market of ……………….situated at ………………..as specified
below to have the same analysed by the Food Analyst for _______.
Details of food:
Code number:
Parameter to be tested:
As per the FSSAI Standards the following parameters are required to
be complied with
Specific test to be performed if any
Place: (Sd/-) Food Safety
Officer/Authorized Officer.
Date:
Address:
Acknowledgement:
Sign of Food Business Operator
Witnesses
witnesses
60
FORM V (b)
(FORM OF NOTICE TO BE GIVEN BY purchaser)
REFER RULE 3.4.1 (4)
To
………………..
……………….
Dear Sir/s/ Madam:
I have this day taken the samples of food from premises/shop/
market of ……………….situated at ………………..as specified below to have
the same analysed by the Food Analyst for _______.
Details of food:
Code number:
Parameter to be tested:
Place:
Date:
Address:
61
FORM VI
(Refer rule 3.4.3 (7))
MEMORANDUM TO FOOD ANALYST
From:
……………..
…………….. Date: _____
To
Food Analyst
………………
……………..
MEMORANDUM
(Refer rule (v) a of 3.4.1(8))
1. The sample described below is sent herewith for analysis under ___ of
___ of section ____ of Food Safety and Standards Act, 2006
(i) Code Number
(ii) Date and place of collection
(iii) Nature of articles submitted for analysis
(iv) Nature and quantity of preservative, if any, added to the sample.
2. A copy of this memo and specimen impression of the seal used to seal
the packet of sample are being sent separately by post/courier/hand
delivery (strike out whichever is not applicable)
(Sd/) Food Safety Officer
Address:
62
FORM VII (A)
[Refer rule 3.4.4(2)]
REPORT OF THE FOOD ANALYST
Report No._______.
Certified that I ___________ (name of the Food Analyst) duly
appointed under the provisions of Food Safety and Standards Act,
2006 (34 of 2006), for _____ (name of the local area) have received
from _______* a sample of ____, bearing Code number and Serial
Number _____ of Designated Officer of _____ area*
on_________(date of receipt of sample) for analysis.
The condition of seals on the container and the outer covering on
receipt was as follows:
Intact/damaged/missing (delete where inapplicable)
I found the sample to be …….. (category of the sample) falling under
item No.____ of Appendix B of Food Safety and Standards Rules,
2009/proprietary food. The sample was in a condition fit for analysis
and has been analysed on _____ (give date of starting and completion
of analysis) and the result of its analysis is given below/ was not in a
condition fit for analysis for the reason given below:
Reasons:
………………………………………………..
63
Analysis Report
Refer rule 3.4.2 (4)
(i) Sample Description (What it contains)
……………………………….
(ii) Physical Appearance of sample/container
……………………………….
(iii) Label declaration.
……………………………….
Sl
No.
Quality
characteristics
Nature
of
method
of test
used
Result Prescribed standards as
per
(a) provisions of the FSS
Act , Rules and
Regulations
1.
2.
3.
4.
5.
6.
Report (sample wise)
-adulterated/misbranded/within norms/ violates provision of
…..……………(delete where not applicable)
-any other observations
Signed this _____ day of ______ 20
Address: (Sd/-) Food Analyst.
64
* Give the details of the senders
** Strike out whichever is not applicable
*** When opinion and interpretation are included, document the basis
upon which the opinions/interpretations have been made.
65
FORM VIII
[Refer rule 3.4.5 (2)]
FORM OF APPEAL BEFORE THE DESIGNATED OFFICER
APPEAL BEFORE THE DESIGNATED OFFICER
(PLACE)
In the matter of appeal under section 46 (4) of The Food Safety and
Standards Act 2006 (34 of 2006)
AND
In the matter of appeal against the report dated ____ from the Food
Analyst
1. No. and date of the report of the Food Analyst against which the
appeal is being preferred
2. Brief details of the facts and the grounds on which the report is being
challenged
3. Relief being claimed
Signature of Appellant
66
FORM NO.IX
(Form of Nomination – Refer rule 3.6.1 and 3.6.2)
NOMINATION OF PERSONS BY A COMPANY
Being the proprietor or a signatory authorized by the board of directors
of the company in terms of rule 3.5.1 (2), I do hereby gives notice
that the following persons(s) is/are nominated as the person(s) in
charge of establishment, branch or the unit mentioned against the
name of the person(s) and shall be responsible and liable for food
safety or any contravention of the Act and rules/regulations or
directions issued thereunder in respect of the concerned
establishment/branch/unit.
The person(s) shall take all such steps as may be necessary to
prevent the commission by the Company of any offence under and
comply with the provisions of Food Safety and Standards Act, 2006.
Branch wise/office wise nomination .
Establishment/branch/unit name Person in charge
1. 1.
2. 2.
3. 3.
A certified copy of the resolution of the board regarding the authorized
signatory, dated ______ is enclosed.
Place:_________ For _________ Ltd./Private
Ltd.
Date:__________
1. Authorized signatory of the company
Place:
67
Date:
FORM XI
(Refer rule (i) of 4.3.1 (2))
FORM OF APPEAL
BEFORE THE FOOD SAFETY APPELLATE TRIBUNAL
(PLACE OF THE TRIBUNAL)
In the matter of Food Safety and Standards Act, 2006 (34 of
2006)
AND
In the matter of appeal against the order dated ___ passed by
the Adjudicating Officer, (Place)
APPEAL NO. ____ OF ____
A.B. .. Appellant
Vs
C.D .. Respondent
68
INDEX
(Specimen Index)
Sl
No.
EXHIBIT PARTICULARS Page No.
1. Memorandum of Appeal
2. A Copy of the Show Cause Notice dated ____
issued by the Adjudicating Officer
3. B Copy of the Reply dated __ sent by the
Appellant to the Show Cause Notice.
4. C Copy of the letter dated ___ sent by the
Appellant to the Adjudicating Officer
5. D Copy of the impugned order dated _____
69
BEFORE THE FOOD SAFETY APPELLATE TRIBUNAL
(PLACE OF THE TRIBUNAL)
In the matter of Food Safety and Standards Act, 2006 (34 of
2006)
AND
In the matter of appeal against the order dated ___ passed by
the Adjudicating Officer, (Place)
APPEAL NO. ____ OF ____
A.B. .. Appellant
Vs
C.D ... Respondent
For use in Appellate Tribunal’s office
Date of presentation in the registry
70
Date of receipt by post
Registration No.
Signature
(Registrar)
71
BEFORE THE FOOD SAFETY APPELLATE TRIBUNAL
(PLACE OF THE TRIBUNAL)
In the matter of Food Safety and Standards Act, 2006 (34 of
2006)
AND
In the matter of appeal against the order dated ___ passed by
the Adjudicating Officer, (Place)
APPEAL NO. ____ OF ____
A.B. .. Appellant
Vs
C.D .. Respondent
72
MEMORANDUM OF APPEAL
1. Particulars of the Appellant
(i) Name of the Appellant: A B
(ii) Address of the Appellant:
(iii) Address for service of
all notices
(iv) Telephone/Fax No.
E-mail address, if any
2. Particulars of the Respondent
(i) Name of the Respondent : C.D.
(ii) Address of the Respondent:
(iii) Address for service of
all notices
(iv) Telephone/Fax No.
e-mail address, if any
73
3. Jurisdiction of the Appellate Tribunal
The Appellant declares that the matter of appeal falls within the
jurisdiction of the Appellate Tribunal.
4. Limitation
The Appellant further declares that the appeal is within the limitation
as prescribed in Rule ___ of the Food Safety Appellate Tribunal
(Procedure, Form, Fee and Record of Proceedings) Rules, 2008.
5. Facts of the case
Here give a concise statement of facts of the case and grounds of
appeal against the specified order, in a chronological order, each
paragraph containing as neatly as possible as separate issue, fact or
otherwise)
6. Relief(s) sought
In view of the facts mentioned in paragraph 5 and the grounds on
which the impugned order is challenged, the Appellant prays for the
following relief(s)
(Here specify the relief(s) sought and the legal provision,
if any, relied upon)
74
7. Interim relief(s) sought (if prayed for)
Pending the final decision in the appeal, the Appellant seeks the
following interim relief (s).
(Here specify the interim relief(s) prayed for and the
reasons therefore)
8. Matters not pending with any other court
The Appellant further declares that the matter regarding which this
appeal has been filed, is not pending before any court of law or any
other authority or any other Tribunal.
9. Particulars of fee paid
(i) Amount of fee Rs._____
(ii) Name of the bank on which
the Demand Draft is drawn _____ Bank
(iii) Demand draft No. and date
10. Details of Index
An index containing the details of the documents relied upon is
enclosed.
11. List of enclosures
(Signature of the Appellant)
75
VERIFICATION
I, _______________ son /wife/daughter of Mr._____________being
the Appellant do hereby verify that the contents of paragraphs 1 to 11
are true to my personal knowledge and belief and that I have not
suppressed any material fact.
(Signature of the Appellant)
Place:
Date:
76