Food Safety and Standards Act, 2006 | One Liner Notes

THE FOOD SAFETY AND STANDARDS ACT, 2006

What is the short title of the Act enacted in 2006 relating to food laws?	The short title is The Food Safety and Standards Act, 2006.
What is the Act number of the Food Safety and Standards Act, 2006?	It is Act No. 34 of 2006.
On which date was the Food Safety and Standards Act, 2006 enacted?	It was enacted on 23rd August, 2006.
In which year of the Republic of India was the Act enacted?	It was enacted in the Fifty-seventh Year of the Republic of India.
What is the main objective of the Food Safety and Standards Act, 2006?	The main objective is to consolidate the laws relating to food.
Which authority is established under the Food Safety and Standards Act, 2006?	The Act establishes the Food Safety and Standards Authority of India.
What type of standards are to be laid down under the Act?	Science based standards for articles of food are to be laid down under the Act.
Which activities relating to food are regulated under the Act?	Manufacture, storage, distribution, sale and import of food are regulated under the Act.
What is the purpose of regulating food under this Act?	The purpose is to ensure availability of safe and wholesome food for human consumption.
Does the Act cover matters incidental to food regulation?	Yes, it covers matters connected therewith or incidental thereto.

Chapter-i
Preliminary
What is the short title of the Act?	The short title is the Food Safety and Standards Act, 2006.
To what extent does the Food Safety and Standards Act, 2006 apply?	It extends to the whole of India.
Who has the authority to appoint the date of commencement of the Act?	The Central Government appoints the date of commencement by notification in the Official Gazette.
Where is the notification of commencement published?	It is published in the Official Gazette.
Can different dates be appointed for different provisions of the Act?	Yes, different dates may be appointed for different provisions.
How is reference to commencement of the Act construed in relation to provisions?	It is construed as a reference to the coming into force of that specific provision.
What does Section 2 declare regarding control of the food industry?	It declares that it is expedient in the public interest for the Union to take control of the food industry.
Who is declared to take control of the food industry under Section 2?	The Union is declared to take control of the food industry.
Why is control of the food industry by the Union considered necessary?	It is considered necessary in the public interest.
What does Section 3 provide under the Food Safety and Standards Act, 2006?	Section 3 provides definitions of various terms used in the Act.
What is the definition of adulterant under Section 3 clause a?	Adulterant means any material which is or could be employed for making the food unsafe or sub-standard or mis branded or containing extraneous matter.
What is the definition of advertisement under Section 3 clause b?	Advertisement means any audio or visual publicity, representation or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes notice, circular, label, wrapper, invoice or other documents.
Who is the Chairperson under Section 3 clause c?	Chairperson means the Chairperson of the Food Authority.
What is the meaning of claim under Section 3 clause d?	Claim means any representation which states, suggests or implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, composition or otherwise.
Who is the Commissioner of Food Safety under Section 3 clause e?	Commissioner of Food Safety means the Commissioner appointed under section 30.
Who is a consumer under Section 3 clause f?	Consumer means persons and families purchasing and receiving food to meet their personal needs.
What is the definition of contaminant under Section 3 clause g?	Contaminant means any substance present in food as a result of production, manufacture, processing, preparation, treatment, packing, packaging, transport, holding or environmental contamination but does not include insect fragments, rodent hairs and other extraneous matter.
Who is a Designated Officer under Section 3 clause h?	Designated Officer means the officer appointed under section 36.
What is the meaning of extraneous matter under Section 3 clause i?	Extraneous matter means any matter contained in food carried from raw materials, packaging materials or process systems or added to it but which does not render the food unsafe.
What is the definition of Food under Section 3 clause j?	Food means any substance intended for human consumption whether processed, partially processed or unprocessed and includes primary food, genetically modified food, infant food, packaged drinking water, alcoholic drink, chewing gum and water used in manufacture but excludes animal feed, live animals unless processed for consumption, plants prior to harvesting, drugs, medicinal products, cosmetics and narcotic or psychotropic substances.
What power is given to the Central Government under the proviso to Section 3 clause j?	The Central Government may declare any other article as food by notification in the Official Gazette having regard to its use, nature, substance or quality.
What is the meaning of food additive under Section 3 clause k?	Food additive means any substance not normally consumed as food but intentionally added for technological purposes which becomes a component of or affects the characteristics of food but does not include contaminants or substances added for maintaining or improving nutritional qualities.
Who is a Food Analyst under Section 3 clause l?	Food Analyst means an analyst appointed under section 45.
What is meant by Food Authority under Section 3 clause m?	Food Authority means the Food Safety and Standards Authority of India established under section 4.
What is the meaning of food business under Section 3 clause n?	Food business means any undertaking whether for profit or not and whether public or private carrying out activities related to manufacture, processing, packaging, storage, transportation, distribution, import, food services, catering services or sale of food or food ingredients.
Who is a food business operator under Section 3 clause o?	Food business operator means a person who carries on or owns the food business and is responsible for ensuring compliance with the Act, rules and regulations.
What is a food laboratory under Section 3 clause p?	Food laboratory means a laboratory or institute established by the Central or State Government or other agency accredited by the National Accreditation Board for Testing and Calibration Laboratories or equivalent agency and recognised by the Food Authority under section 43.
What is meant by food safety under Section 3 clause q?	Food safety means assurance that food is acceptable for human consumption according to its intended use.
What is food safety audit under Section 3 clause r?	Food safety audit means a systematic and functionally independent examination of food safety measures adopted by manufacturing units to determine whether such measures meet food safety objectives and claims.
What is Food Safety Management System under Section 3 clause s?	Food Safety Management System means adoption of Good Manufacturing Practices, Good Hygienic Practices, Hazard Analysis and Critical Control Point and other practices specified by regulation for the food business.
Who is a Food Safety Officer under Section 3 clause t?	Food Safety Officer means an officer appointed under section 37.
What is hazard under Section 3 clause u?	Hazard means a biological, chemical or physical agent in or condition of food with the potential to cause an adverse health effect.
What is import under Section 3 clause v?	Import means bringing into India any article of food by land, sea or air.
What is improvement notice under Section 3 clause w?	Improvement notice means a notice issued under section 32 of this Act.
What is meant by infant food and infant milk substitute under Section 3 clause x?	Infant food and infant milk substitute shall have the meanings assigned to them in clauses f and g of sub section 1 of section 2 of the Infant Milk Substitutes, Feeding Bottles and Infant Foods Regulation of Production, Supply and Distribution Act, 1992 respectively.
What is ingredient under Section 3 clause y?	Ingredient means any substance including a food additive used in the manufacture or preparation of food and present in the final product possibly in a modified form.
What is label under Section 3 clause z?	Label means any tag, brand, mark, pictorial or descriptive matter written, printed, stencilled, marked, embossed, graphic, perforated, stamped or impressed on or attached to any food package and includes a product insert.
What is licence under Section 3 clause za?	Licence means a licence granted under section 31.
What is local area under Section 3 clause zb?	Local area means any area whether urban or rural notified by the Commissioner of Food Safety for the purposes of this Act.
What is manufacture under Section 3 clause zc?	Manufacture means a process or treatment for conversion of ingredients into an article of food including any sub process incidental or ancillary to such manufacture.
Who is a manufacturer under Section 3 clause zd?	Manufacturer means a person engaged in manufacturing any article of food for sale and includes a person who obtains such article from another person and packs and labels it or only labels it for sale.
Who is included as a Member under Section 3 clause ze?	Member includes a part time Member and the Chairperson of the Food Authority.
What is misbranded food under Section 3 clause zf?	Misbranded food means an article of food falling under conditions specified in sub clauses A, B or C of clause zf.
When is food misbranded under Section 3 clause zf sub clause A sub clause i?	Food is misbranded if it is offered or promoted for sale with false, misleading or deceptive claims on the label or through advertisement.
When is food misbranded under Section 3 clause zf sub clause A sub clause ii?	Food is misbranded if it is sold by a name which belongs to another article of food.
When is food misbranded under Section 3 clause zf sub clause A sub clause iii?	Food is misbranded if it is offered or promoted under the name of a fictitious individual or company as manufacturer or producer.
When is food misbranded under Section 3 clause zf sub clause B sub clause i?	Food is misbranded if it is an imitation of or resembles another article likely to deceive and is not plainly labelled to indicate its true character.
When is food misbranded under Section 3 clause zf sub clause B sub clause ii?	Food is misbranded if the package or label bears any false or misleading statement regarding ingredients or is otherwise deceptive as to its contents.
When is food misbranded under Section 3 clause zf sub clause B sub clause iii?	Food is misbranded if it is offered for sale as the product of any place or country which is false.
When is food misbranded under Section 3 clause zf sub clause C sub clause i?	Food is misbranded if it contains artificial flavouring, colouring or chemical preservative without proper declaratory labelling or in contravention of the Act or regulations.
When is food misbranded under Section 3 clause zf sub clause C sub clause ii?	Food is misbranded if it is offered for special dietary uses without required information about its dietary properties on the label.
When is food misbranded under Section 3 clause zf sub clause C sub clause iii?	Food is misbranded if its contents are not conspicuously or correctly stated on the outside within permissible limits of variability under the Act.
What is notification under Section 3 clause zg?	Notification means a notification published in the Official Gazette.
What is package under Section 3 clause zh?	Package means a pre packed box, bottle, casket, tin, barrel, case, pouch, receptacle, sack, bag, wrapper or other such thing in which an article of food is packed.
What are premises under Section 3 clause zi?	Premises include any shop, stall, hotel, restaurant, airline services, food canteens, place, vehicle or vessel where any article of food is sold, manufactured or stored for sale.
What is prescribed under Section 3 clause zj?	Prescribed means prescribed by rules made by the Central Government or the State Government under this Act.
What is primary food under Section 3 clause zk?	Primary food means an article of food being produce of agriculture, horticulture, animal husbandry, dairying or aquaculture in its natural form in the hands of a person other than a farmer or fisherman.
What is prohibition order under Section 3 clause zl?	Prohibition order means an order issued under section 33 of this Act.
What is risk under Section 3 clause zm?	Risk means the probability of an adverse effect on the health of consumers and the severity of that effect consequential to a food hazard.
What is risk analysis under Section 3 clause zn?	Risk analysis means a process consisting of risk assessment, risk management and risk communication.
What is risk assessment under Section 3 clause zo?	Risk assessment means a scientifically based process consisting of hazard identification, hazard characterisation, exposure assessment and risk characterisation.
What is risk communication under Section 3 clause zp?	Risk communication means the interactive exchange of information and opinions throughout the risk analysis process among assessors, managers, consumers, industry, academia and other interested parties including explanation of assessment findings and management decisions.
What is risk management under Section 3 clause zq?	Risk management means the process distinct from risk assessment of evaluating policy alternatives in consultation with interested parties considering risk assessment and other relevant factors for protection of consumer health and promotion of fair trade practices and selecting appropriate prevention and control options if needed.
What is sale under Section 3 clause zr?	Sale means the sale of any article of food whether for cash, credit or exchange and whether wholesale or retail for human consumption or analysis and includes agreement for sale, offer for sale, exposing for sale, possession for sale and attempt to sell.
What is sample under Section 3 clause zs?	Sample means a sample of any article of food taken under the provisions of this Act or rules and regulations made thereunder.
What is meant by specified by regulations under Section 3 clause zt?	Specified by regulations means specified by regulations made by the Food Authority.
What is standard under Section 3 clause zu?	Standard means the standards notified by the Food Authority in relation to any article of food.
Who is State Government under Section 3 clause zv in relation to a Union territory?	State Government means the Administrator of that Union territory appointed by the President under article 239 of the Constitution.
What is substance under Section 3 clause zw?	Substance includes any natural or artificial substance or other matter whether in solid, liquid, gas or vapour form.
When is food sub-standard under Section 3 clause zx?	An article of food is sub-Standard if it does not meet specified standards but not so as to render it unsafe.
What is Tribunal under Section 3 clause zy?	Tribunal means the Food Safety Appellate Tribunal established under section 70.
What is unsafe food under Section 3 clause zz?	Unsafe food means an article of food whose nature, substance or quality is so affected as to render it injurious to health under conditions specified in sub clauses i to xii.
When is food unsafe under Section 3 clause zz sub clause i?	Food is unsafe if it or its package is composed wholly or partly of poisonous or deleterious substances.
When is food unsafe under Section 3 clause zz sub clause ii?	Food is unsafe if it consists wholly or partly of filthy, putrid, rotten, decomposed or diseased animal or vegetable substance.
When is food unsafe under Section 3 clause zz sub clause iii?	Food is unsafe if it is injurious due to unhygienic processing or presence of any harmful substance.
When is food unsafe under Section 3 clause zz sub clause iv?	Food is unsafe if any inferior or cheaper substance is substituted wholly or partly.
When is food unsafe under Section 3 clause zz sub clause v?	Food is unsafe if a substance not permitted is added directly or as an ingredient.
When is food unsafe under Section 3 clause zz sub clause vi?	Food is unsafe if any of its constituents are abstracted wholly or partly.
When is food unsafe under Section 3 clause zz sub clause vii?	Food is unsafe if it is coloured, flavoured, coated, powdered or polished so as to damage, conceal or make it appear better or of greater value.
When is food unsafe under Section 3 clause zz sub clause viii?	Food is unsafe if it contains colouring matter or preservatives other than those specified.
When is food unsafe under Section 3 clause zz sub clause ix?	Food is unsafe if it is infected or infested with worms, weevils or insects.
When is food unsafe under Section 3 clause zz sub clause x?	Food is unsafe if it is prepared, packed or kept under insanitary conditions.
When is food unsafe under Section 3 clause zz sub clause xi?	Food is unsafe if it is misbranded, sub-standard or contains extraneous matter.
When is food unsafe under Section 3 clause zz sub clause xii?	Food is unsafe if it contains pesticides or other contaminants in excess of quantities specified by regulations.
How is reference to a law not in force in Jammu and Kashmir construed under Section 3 sub section 2?	It shall be construed as a reference to the corresponding law in force in that State if any.

CHAPTER-II
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA
What does Section 4 provide under the Food Safety and Standards Act, 2006?	Section 4 provides for the establishment of the Food Safety and Standards Authority of India.
What is established under Section 4 sub section 1?	The Central Government shall by notification establish the Food Safety and Standards Authority of India.
What is the purpose of establishing the Authority under Section 4 sub section 1?	The Authority is established to exercise powers and perform functions assigned under this Act.
What is the legal status of the Food Authority under Section 4 sub section 2?	The Food Authority is a body corporate having perpetual succession and a common seal.
What powers does the Food Authority have under Section 4 sub section 2?	It has power to acquire, hold and dispose of movable and immovable property, to contract and to sue or be sued.
Where is the head office of the Food Authority located under Section 4 sub section 3?	The head office of the Food Authority shall be at Delhi.
Can the Food Authority establish offices elsewhere under Section 4 sub section 4?	Yes, the Food Authority may establish its offices at any other place in India.
What does Section 5 provide under the Food Safety and Standards Act, 2006?	Section 5 provides for the composition of the Food Authority and qualifications for appointment of its Chairperson and other Members.
What is the composition of the Food Authority under Section 5 sub section 1?	The Food Authority shall consist of a Chairperson and twenty two Members of whom one third shall be women.
How many ex officio Members are appointed under Section 5 sub section 1 clause a?	Seven Members not below the rank of Joint Secretary to the Government of India are appointed as ex officio Members.
Which Ministries or Departments are represented under Section 5 sub section 1 clause a?	The Ministries or Departments of Agriculture, Commerce, Consumer Affairs, Food Processing, Health, Legislative Affairs and Small Scale Industries are represented.
How many representatives from food industry are included under Section 5 sub section 1 clause b?	Two representatives from food industry are included of which one shall be from small scale industries.
How many representatives from consumer organisations are included under Section 5 sub section 1 clause c?	Two representatives from consumer organisations are included.
How many eminent food technologists or scientists are included under Section 5 sub section 1 clause d?	Three eminent food technologists or scientists are included.
How are State and Union territory representatives appointed under Section 5 sub section 1 clause e?	Five Members are appointed by rotation every three years one each in seriatim from the Zones specified in the First Schedule.
How many persons represent farmers organisations under Section 5 sub section 1 clause f?	Two persons represent farmers organisations.
Who represents retailers organisations under Section 5 sub section 1 clause g?	One person represents retailers organisations.
What is the requirement for appointment of Chairperson and Members under Section 5 sub section 2?	The Chairperson and Members shall be appointed to secure highest standards of competence, broad range of relevant expertise and broadest possible geographic distribution.
From whom is the Chairperson appointed under Section 5 sub section 3?	The Chairperson is appointed by the Central Government from persons of eminence in food science or from administration associated with the subject holding or having held a post not below the rank of Secretary to the Government of India.
On whose recommendation are the Chairperson and Members appointed under Section 5 sub section 4?	They are appointed by the Central Government on the recommendations of the Selection Committee.
Who are excluded from recommendation requirement under Section 5 sub section 4?	Ex officio Members are excluded from the recommendation requirement.
Can the Chairperson hold any other office under Section 5 sub section 5?	No, the Chairperson shall not hold any other office.
What does Section 6 provide under the Food Safety and Standards Act, 2006?	Section 6 provides for the constitution of the Selection Committee for selection of the Chairperson and Members of the Food Authority.
Who constitutes the Selection Committee under Section 6 sub section 1?	The Central Government constitutes the Selection Committee.
For what purpose is the Selection Committee constituted under Section 6 sub section 1?	It is constituted for selection of the Chairperson and Members other than ex officio Members of the Food Authority.
Who is the Chairperson of the Selection Committee under Section 6 sub section 1 clause a?	The Cabinet Secretary is the Chairperson of the Selection Committee.
Who acts as Convener of the Selection Committee under Section 6 sub section 1 clause b?	The Secretary in charge of the Ministry or Department administering this Act acts as Convener.
Which Secretaries are Members under Section 6 sub section 1 clause c?	The Secretaries in charge of the Ministries or Departments dealing with Health, Legislative and Personnel are Members.
Who represents the Public Enterprises Selection Board under Section 6 sub section 1 clause d?	The Chairman of the Public Enterprises Selection Board is a Member.
Who is nominated as Member under Section 6 sub section 1 clause e?	An eminent food technologist nominated by the Central Government is a Member.
From whom is the eminent food technologist nominated under the Explanation to Section 6 sub section 1 clause e?	The Central Government nominates a person from among those holding the post of Director or Head of any national research or technical institution.
When shall the Central Government make a reference to the Selection Committee under Section 6 sub section 2?	The Central Government shall make a reference within two months of occurrence of vacancy due to death, resignation or removal and three months before superannuation or completion of term.
Within what time shall the Selection Committee finalise selection under Section 6 sub section 3?	The Selection Committee shall finalise selection within two months from the date of reference.
How many names are recommended for each vacancy under Section 6 sub section 4?	The Selection Committee shall recommend a panel of two names for every vacancy.
What must the Selection Committee ensure before recommending a person under Section 6 sub section 5?	The Committee must ensure that the person has no financial or other interest likely to prejudicially affect his functions.
Is appointment invalid due to vacancy in Selection Committee under Section 6 sub section 6?	No appointment shall be invalid merely by reason of any vacancy in the Selection Committee.
What does Section 7 provide under the Food Safety and Standards Act, 2006?	Section 7 provides for the term of office, salary, allowances and other conditions of service of the Chairperson and Members of the Food Authority.
What is the term of office under Section 7 sub section 1?	The Chairperson and Members other than ex officio Members shall hold office for three years and are eligible for re appointment for a further period of three years.
What is the age limit for the Chairperson under the proviso to Section 7 sub section 1?	The Chairperson shall not hold office after attaining the age of sixty five years.
Who prescribes salary and allowances under Section 7 sub section 2?	The Central Government prescribes the salary, allowances and other terms and conditions of service.
What is required before entering office under Section 7 sub section 3?	The Chairperson and every Member shall make and subscribe an oath of office and secrecy as prescribed by the Central Government.
How may the Chairperson or Member relinquish office under Section 7 sub section 4 clause a?	He may relinquish office by giving written notice of not less than three months to the Central Government.
How may the Chairperson or Member be removed under Section 7 sub section 4 clause b?	He may be removed in accordance with the provisions of section 8.
What restriction applies after ceasing office under Section 7 sub section 5?	The Chairperson or Member shall not represent any person before the Food Authority or any State Authority in any manner.
What does Section 8 provide under the Food Safety and Standards Act, 2006?	Section 8 provides for the removal of the Chairperson and Members of the Food Authority.
Who has the power to remove the Chairperson or Member under Section 8 sub section 1?	The Central Government may by order remove the Chairperson or any other Member.
When can a Member be removed under Section 8 sub section 1 clause a?	A Member may be removed if he has been adjudged an insolvent.
When can a Member be removed under Section 8 sub section 1 clause b?	A Member may be removed if he has been convicted of an offence involving moral turpitude in the opinion of the Central Government.
When can a Member be removed under Section 8 sub section 1 clause c?	A Member may be removed if he has become physically or mentally incapable of acting as a Member.
When can a Member be removed under Section 8 sub section 1 clause d?	A Member may be removed if he has acquired financial or other interests likely to prejudicially affect his functions.
When can a Member be removed under Section 8 sub section 1 clause e?	A Member may be removed if he has abused his position so as to render his continuance in office prejudicial to public interest.
What safeguard is provided under Section 8 sub section 2?	No Member shall be removed under clauses d and e unless he has been given a reasonable opportunity of being heard.
What does Section 9 provide under the Food Safety and Standards Act, 2006?	Section 9 provides for officers and other employees of the Food Authority.
Who is appointed under Section 9 sub section 1?	A Chief Executive Officer not below the rank of Additional Secretary to the Government of India is appointed as Member Secretary of the Authority.
Who appoints the Chief Executive Officer under Section 9 sub section 1?	The Central Government appoints the Chief Executive Officer.
What power does the Food Authority have under Section 9 sub section 2?	The Food Authority may with approval of the Central Government determine the number, nature and categories of other officers and employees required.
Who specifies salaries and service conditions under Section 9 sub section 3?	The Food Authority specifies salaries, allowances and service conditions by regulations with approval of the Central Government.
What does Section 10 provide under the Food Safety and Standards Act, 2006?	Section 10 provides for the functions of the Chief Executive Officer.
What is the status of the Chief Executive Officer under Section 10 sub section 1?	The Chief Executive Officer shall be the legal representative of the Food Authority.
What is the responsibility under Section 10 sub section 1 clause a?	The Chief Executive Officer is responsible for the day to day administration of the Food Authority.
What is the responsibility under Section 10 sub section 1 clause b?	The Chief Executive Officer shall draw up proposals for the work programmes in consultation with the Central Advisory Committee.
What is the responsibility under Section 10 sub section 1 clause c?	The Chief Executive Officer shall implement the work programmes and decisions adopted by the Food Authority.
What is the responsibility under Section 10 sub section 1 clause d?	The Chief Executive Officer shall ensure appropriate scientific, technical and administrative support for the Scientific Committee and Scientific Panel.
What is the responsibility under Section 10 sub section 1 clause e?	The Chief Executive Officer shall ensure that the Authority carries out its tasks in accordance with user requirements regarding adequacy and timeliness of services.
What is the responsibility under Section 10 sub section 1 clause f?	The Chief Executive Officer shall prepare the statement of revenue and expenditure and execute the budget.
What is the responsibility under Section 10 sub section 1 clause g?	The Chief Executive Officer shall develop and maintain contact with the Central Government and ensure regular dialogue with its relevant committees.
What shall the Chief Executive Officer submit annually under Section 10 sub section 2?	The Chief Executive Officer shall submit a general report, programmes of work, annual accounts and budget for approval.
To whom are reports forwarded under Section 10 sub section 3?	The general report and programmes shall be forwarded to the Central Government and State Governments and published.
What financial power is given under Section 10 sub section 4?	The Chief Executive Officer shall approve all financial expenditure and report on activities to the Central Government.
What additional power is given under Section 10 sub section 5?	The Chief Executive Officer shall exercise the powers of the Commissioner of Food Safety in matters relating to food safety.
What administrative power is given under Section 10 sub section 6?	The Chief Executive Officer shall have administrative control over officers and other employees of the Food Authority.
What does Section 11 provide under the Food Safety and Standards Act, 2006?	Section 11 provides for the establishment and composition of the Central Advisory Committee.
What is established under Section 11 sub section 1?	The Food Authority shall by notification establish the Central Advisory Committee.
What is the composition of the Central Advisory Committee under Section 11 sub section 2?	It consists of two members each representing food industry, agriculture, consumers, relevant research bodies and food laboratories, all Commissioners of Food Safety and the Chairperson of the Scientific Committee as ex officio Member.
Who are invitees under Section 11 sub section 3?	Representatives of concerned Ministries or Departments of the Central Government and government institutes or organisations and government recognised farmers are invitees.
Who is the Chairperson of the Central Advisory Committee under Section 11 sub section 4?	The Chief Executive Officer is the ex officio Chairperson.
How does the Central Advisory Committee regulate its procedure under Section 11 sub section 5?	It follows rules of procedure including transaction of business as specified by regulations.
What does Section 12 provide under the Food Safety and Standards Act, 2006?	Section 12 provides for the functions of the Central Advisory Committee.
What is the primary function of the Central Advisory Committee under Section 12 sub section 1?	It shall ensure close cooperation between the Food Authority and enforcement agencies and organisations operating in the field of food.
On what matter does the Committee advise under Section 12 sub section 2 clause a?	It advises on performance of duties and in drawing up proposals for the Food Authority work programme.
On what matter does the Committee advise under Section 12 sub section 2 clause b?	It advises on prioritisation of work.
On what matter does the Committee advise under Section 12 sub section 2 clause c?	It advises on identifying potential risks.
On what matter does the Committee advise under Section 12 sub section 2 clause d?	It advises on pooling of knowledge.
On what matter does the Committee advise under Section 12 sub section 2 clause e?	It advises on such other functions as may be specified by regulations.
How often does the Committee meet under Section 12 sub section 3?	It shall meet regularly and not less than three times a year.
At whose instance can the Committee meet under Section 12 sub section 3?	It meets at the invitation of its Chairperson or at the request of at least one third of its members.
What does Section 13 provide under the Food Safety and Standards Act, 2006?	Section 13 provides for the establishment and functioning of Scientific Panels.
Who constitutes the Scientific Panels under Section 13 sub section 1?	The Food Authority shall establish Scientific Panels consisting of independent scientific experts.
Who may be invited to deliberations under Section 13 sub section 2?	Relevant industry and consumer representatives may be invited to the deliberations.
On which subject is a Scientific Panel established under Section 13 sub section 3 clause a?	A panel is established on food additives, flavourings, processing aids and materials in contact with food.
On which subject is a Scientific Panel established under Section 13 sub section 3 clause b?	A panel is established on pesticides and antibiotics residues.
On which subject is a Scientific Panel established under Section 13 sub section 3 clause c?	A panel is established on genetically modified organisms and foods.
On which subject is a Scientific Panel established under Section 13 sub section 3 clause d?	A panel is established on functional foods, nutraceuticals, dietetic products and other similar products.
On which subject is a Scientific Panel established under Section 13 sub section 3 clause e?	A panel is established on biological hazards.
On which subject is a Scientific Panel established under Section 13 sub section 3 clause f?	A panel is established on contaminants in the food chain.
On which subject is a Scientific Panel established under Section 13 sub section 3 clause g?	A panel is established on labelling.
On which subject is a Scientific Panel established under Section 13 sub section 3 clause h?	A panel is established on method of sampling and analysis.
Under which provision of the Food Safety and Standards Act, 2006 is the Food Authority empowered to reconstitute Scientific Panels?	Section 15(4)
What powers are conferred upon the Food Authority under Section 15(4) regarding Scientific Panels?	It may reconstitute the panels by adding new members, omitting existing members, or changing the name of a panel from time to time
What power is given under Section 13 sub section 4?	The Food Authority may re constitute the Scientific Panels by adding or omitting members or by changing the name of the panel.
What does Section 14 provide under the Food Safety and Standards Act, 2006?	Section 14 provides for the constitution and functions of the Scientific Committee.
What is the composition of the Scientific Committee under Section 14 sub section 1?	It consists of Chairpersons of the Scientific Panels and six independent scientific experts not belonging or affiliated to any Scientific Panel.
What is the primary function of the Scientific Committee under Section 14 sub section 2?	It provides scientific opinions to the Food Authority and may organise public hearings where necessary.
What is the coordination role under Section 14 sub section 3?	It ensures consistency of scientific opinion procedures and harmonisation of working methods of the Scientific Panels.
On what issues does the Scientific Committee provide opinions under Section 14 sub section 4?	It provides opinions on multi sectoral issues within competence of more than one Panel and on issues not within competence of any Panel.
What power is given under Section 14 sub section 5?	It may set up working groups and draw on their expertise when establishing scientific opinions.
What does Section 15 provide under the Food Safety and Standards Act, 2006?	Section 15 provides for the procedure for the Scientific Committee and Scientific Panel.
What is the term of appointment under Section 15 sub section 1?	Members are appointed for a period of three years which is renewable.
How are vacancies notified under Section 15 sub section 1?	Vacancy notice shall be published in leading scientific publications and on the Food Authority website for expressions of interest.
Who appoints members under Section 15 sub section 1?	The Food Authority appoints the members.
Who chooses the Chairperson under Section 15 sub section 2?	The Scientific Committee and the Scientific Panel each choose a Chairperson from amongst their members.
How are decisions taken under Section 15 sub section 3?	They act by majority of members and the views of members shall be recorded.
How is procedure specified under Section 15 sub section 4?	The procedure for operation and cooperation shall be specified by regulations.
To what do the procedures relate under Section 15 sub section 5?	The procedures relate to matters specified in clauses A to H concerning functioning of the Scientific Committee and Scientific Panel.
What does Section 15 sub section 5 clause a provide?	It provides for the number of times a member can serve consecutively on a Scientific Committee or Scientific Panel.
What does Section 15 sub section 5 clause b provide?	It provides for the number of members in each Scientific Panel.
What does Section 15 sub section 5 clause c provide?	It provides for the procedure for reimbursing expenses of members of the Scientific Committee and Scientific Panel.
What does Section 15 sub section 5 clause d provide?	It provides for the manner in which tasks and requests for scientific opinions are assigned.
What does Section 15 sub section 5 clause e provide?	It provides for creation and organisation of working groups and inclusion of external experts.
What does Section 15 sub section 5 clause f provide?	It provides for the possibility of inviting observers to meetings.
What does Section 15 sub section 5 clause g provide?	It provides for the possibility of organising public hearings.
What does Section 15 sub section 5 clause h provide?	It provides for quorum, meeting notice, agenda and other related matters.
What does Section 16 provide under the Food Safety and Standards Act, 2006?	Section 16 provides for the duties and functions of the Food Authority.
What is the duty of the Food Authority under Section 16 sub section 1?	It shall regulate and monitor manufacture, processing, distribution, sale and import of food to ensure safe and wholesome food.
What power is given under Section 16 sub section 2 clause a?	The Food Authority may specify standards and guidelines for articles of food and an appropriate system for enforcing such standards.
What power is given under Section 16 sub section 2 clause b?	The Food Authority may specify limits for food additives, contaminants, pesticide residues, veterinary drug residues, heavy metals, processing aids, myco toxins, antibiotics, pharmacological substances and irradiation of food.
What power is given under Section 16 sub section 2 clause c?	The Food Authority may specify mechanisms and guidelines for accreditation of certification bodies for food safety management systems.
What power is given under Section 16 sub section 2 clause d?	The Food Authority may specify procedure and enforcement of quality control for food imported into India.
What power is given under Section 16 sub section 2 clause e?	The Food Authority may specify procedure and guidelines for accreditation and notification of laboratories.
What power is given under Section 16 sub section 2 clause f?	The Food Authority may specify method of sampling, analysis and exchange of information among enforcement authorities.
What power is given under Section 16 sub section 2 clause g?	The Food Authority may conduct survey of enforcement and administration of this Act in the country.
What power is given under Section 16 sub section 2 clause h?	The Food Authority may specify food labelling standards including health, nutrition and special dietary claims and food category systems.
What power is given under Section 16 sub section 2 clause i?	The Food Authority may specify manner and procedure for undertaking risk analysis, risk assessment, risk communication and risk management.
What additional functions are provided under Section 16 sub section 3?	Section 16 sub section 3 provides additional functions of the Food Authority as specified in clauses a and b.
What is the function under Section 16 sub section 3 clause a?	The Food Authority shall provide scientific advice and technical support to the Central Government and State Governments in framing policy and rules relating to food safety and nutrition.
What is the function under Section 16 sub section 3 clause b?	The Food Authority shall search, collect, collate, analyse and summarise relevant scientific and technical data relating to food safety.
What does Section 16 sub section 3 clause b sub clause i relate to?	It relates to food consumption and exposure of individuals to risks related to consumption of food.
What does Section 16 sub section 3 clause b sub clause ii relate to?	It relates to incidence and prevalence of biological risk.
What does Section 16 sub section 3 clause b sub clause iii relate to?	It relates to contaminants in food.
What does Section 16 sub section 3 clause b sub clause iv relate to?	It relates to residues of various contaminants.
What does Section 16 sub section 3 clause b sub clause v relate to?	It relates to identification of emerging risks.
What does Section 16 sub section 3 clause b sub clause vi relate to?	It relates to introduction of rapid alert system.
What is required under Section 16 sub section 4?	The Food Authority shall make specified information public without undue delay.
What must be made public under Section 16 sub section 4 clause a?	The opinions of the Scientific Committee and Scientific Panel shall be made public immediately after adoption.
What must be made public under Section 16 sub section 4 clause b?	The annual declarations of interest of members, the Chief Executive Officer, Advisory Committee members and Scientific Committee and Panel members and agenda related declarations shall be made public.
What must be made public under Section 16 sub section 4 clause c?	The results of scientific studies shall be made public.
What must be made public under Section 16 sub section 4 clause d?	The annual report of activities shall be made public.
What power is given under Section 16 sub section 5?	The Food Authority may issue directions on food safety and standards to the Commissioner of Food Safety who shall be bound by them.
What restriction is provided under Section 16 sub section 6?	The Food Authority shall not disclose confidential information except where it must be made public to protect public health.
What does Section 17 provide under the Food Safety and Standards Act, 2006?	Section 17 provides for the proceedings of the Food Authority.
Where and how does the Food Authority meet under Section 17 sub section 1?	It meets at the head office or any of its offices at such time as directed by the Chairperson and follows procedure including quorum as specified by regulations.
Who presides over the meeting under Section 17 sub section 2?	If the Chairperson is absent, a Member nominated by him or in absence of nomination a Member chosen by those present shall preside.
How are decisions taken under Section 17 sub section 3?	Decisions are taken by majority of Members present and voting and in case of equality the presiding person has a casting vote.
Who authenticates orders under Section 17 sub section 4?	All orders and decisions are authenticated by the Chief Executive Officer.
What is the voting right of the Chief Executive Officer under Section 17 sub section 5?	The Chief Executive Officer may participate in meetings but has no right to vote.
What is the role of the Chairperson of the Scientific Committee under Section 17 sub section 6?	He may be invited to attend meetings but has no right to vote.
What is the effect of vacancy under Section 17 sub section 7?	No act or proceeding shall be invalid merely due to vacancy or defect in constitution of the Food Authority.

CHAPTER-III
GENERAL PRINCIPLES OF FOOD SAFETY
What does Section 18 provide under the Food Safety and Standards Act, 2006?	Section 18 provides the general principles to be followed in administration of the Act.
What principle is stated under Section 18 sub section 1 clause a?	Authorities shall endeavour to achieve appropriate level of protection of human life and health and protection of consumer interests including fair practices in food trade.
What principle is stated under Section 18 sub section 1 clause b?	Authorities shall carry out risk management taking into account results of risk assessment and other relevant factors to achieve objectives of regulations.
What principle is stated under Section 18 sub section 1 clause c?	Where harmful effects are identified but scientific uncertainty persists provisional risk management measures may be adopted pending further scientific information.
What condition applies to measures under Section 18 sub section 1 clause d?	Measures shall be proportionate and no more trade restrictive than required considering technical and economic feasibility and other relevant factors.
What requirement is provided under Section 18 sub section 1 clause e?	Measures adopted shall be reviewed within a reasonable period depending on nature of risk and scientific information required.
What is required under Section 18 sub section 1 clause f?	Where food may present a risk authorities shall inform the public about the nature of risk and measures taken or proposed.
What presumption is provided under Section 18 sub section 1 clause g?	If food in a batch lot or consignment fails to comply it shall be presumed that all food in that batch lot or consignment fails unless proved otherwise.
Under which provision of the Food Safety and Standards Act, 2006 are the guiding principles for framing regulations or specifying food standards laid down?	Section 18(2)
What factors must the Food Authority consider while framing regulations or standards under Section 18(2)(a)?	Prevalent practices and conditions in the country including agricultural practices, handling, storage and transport conditions, and international standards and practices unless such consideration is ineffective, scientifically unjustified, or leads to an inappropriate level of protection
What scientific methodology must guide food standard determination under Section 18(2)(b) and (c)?	Standards must generally be based on risk analysis and risk assessment founded on available scientific evidence in an independent, objective and transparent manner
What procedural requirement of transparency is imposed under Section 18(2)(d)?	The Food Authority must ensure open and transparent public consultation, including participation of representative bodies and panchayats, except in urgent food safety or public health situations where regulations may operate for a maximum of six months without such consultation
What consumer protection objectives are emphasised under Section 18(2)(e) and (f)?	Protection of consumer interests, enabling informed consumer choice, and prevention of fraudulent, deceptive or unfair trade practices as well as unsafe, contaminated or sub-standard food
To whom does the Act not apply under Section 18 sub section 3?	The Act shall not apply to any farmer or fisherman.
To what activities does the Act not apply under Section 18 sub section 3?	It does not apply to farming operations, crops, livestock or aquaculture.
To what products does the Act not apply under Section 18 sub section 3?	It does not apply to supplies used or produced in farming or products of crops produced by a farmer at farm level or a fisherman in his operations.

CHAPTER-IV
GENERAL POVISIONS AS TO ARTICLES OF FOOD
What does Section 19 provide under the Food Safety and Standards Act, 2006?	Section 19 provides for regulation of use of food additives and processing aids.
What restriction is imposed under Section 19?	No article of food shall contain any food additive or processing aid unless in accordance with the Act and regulations made thereunder.
What is processing aid under the Explanation to Section 19?	Processing aid means any substance or material not consumed as a food ingredient by itself used in processing to fulfil a technological purpose which may result in non-intentional but unavoidable presence of residues or derivatives in the final product.
What does Section 20 provide under the Food Safety and Standards Act, 2006?	Section 20 provides for regulation of contaminants, naturally occurring toxic substances, toxins, hormones and heavy metals in food.
What prohibition is imposed under Section 20?	No article of food shall contain any contaminant, naturally occurring toxic substance, toxin, hormone or heavy metal in excess of quantities specified by regulations.
What does Section 21 provide under the Food Safety and Standards Act, 2006?	Section 21 provides for regulation of pesticide residues, veterinary drug residues, antibiotic residues and microbiological counts in food.
What prohibition is imposed under Section 21 sub section 1?	No article of food shall contain pesticide residues, veterinary drug residues, antibiotic residues, solvent residues, pharmacological active substances or microbiological counts in excess of tolerance limits specified by regulations.
What restriction is imposed under Section 21 sub section 2?	No insecticide shall be used directly on any article of food except fumigants registered and approved under the Insecticides Act 1968.
What is pesticide residue under the Explanation to Section 21 clause 1?	Pesticide residue means any specified substance in food resulting from use of a pesticide including its derivatives, metabolites, reaction products, toxicologically significant impurities and residues from environment.
What are residues of veterinary drugs under the Explanation to Section 21 clause 2?	Residues of veterinary drugs include parent compounds or their metabolites in any edible portion of animal products including associated impurities.
What does Section 22 provide under the Food Safety and Standards Act, 2006?	Section 22 provides for regulation of genetically modified foods, organic foods, functional foods, proprietary foods and other specified articles of food.
What prohibition is imposed under Section 22?	No person shall manufacture, distribute, sell or import novel food, genetically modified food, irradiated food, organic food, foods for special dietary uses, functional foods, nutraceuticals, health supplements, proprietary foods or other notified foods except as provided under the Act and regulations.
What are foods for special dietary uses or functional foods or nutraceuticals or health supplements under the Explanation to Section 22 clause 1?	They are specially processed or formulated foods to satisfy particular dietary requirements due to physical or physiological conditions or specific diseases and differ significantly from ordinary foods.
What ingredients may such foods contain under Section 22 Explanation clause 1 sub clause a?	They may contain botanicals, minerals, vitamins, proteins, metals, amino acids within recommended limits, enzymes within permissible limits, substances of animal origin or dietary substances to supplement diet.
In what forms may such products be sold under Section 22 Explanation clause 1 sub clause b clause i?	They may be sold in powders, granules, tablets, capsules, liquids, jelly and other oral dosage forms but not parenterals.
What is excluded under Section 22 Explanation clause 1 sub clause b clause ii?	Drugs as defined under the Drugs and Cosmetics Act 1940 and ayurvedic, sidha and unani drugs are excluded.
What restriction applies under Section 22 Explanation clause 1 sub clause b clause iii?	Such products shall not claim to cure or mitigate specific diseases except permitted health benefit claims.
What substances are excluded under Section 22 Explanation clause 1 sub clause b clause iv?	Narcotic drugs, psychotropic substances and substances listed in specified schedules of relevant laws are excluded.
What is genetically engineered or modified food under Section 22 Explanation clause 2?	Genetically engineered or modified food means food or food ingredients composed of or containing genetically modified organisms or produced from but not containing such organisms obtained through modern biotechnology.
What is organic food under Section 22 Explanation clause 3?	Organic food means food products produced in accordance with specified organic production standards.
What is proprietary and novel food under Section 22 Explanation clause 4?	Proprietary and novel food means an article of food for which standards have not been specified but which is not unsafe.
What condition applies to proprietary and novel food under the proviso to Section 22 Explanation clause 4?	Such food shall not contain any foods or ingredients prohibited under the Act and regulations made thereunder.
What does Section 23 provide under the Food Safety and Standards Act, 2006?	Section 23 provides for packaging and labelling requirements of foods.
What prohibition is imposed under Section 23 sub section 1?	No person shall manufacture, distribute, sell or expose for sale any packaged food which is not marked and labelled as specified by regulations.
What restriction applies to labels under the proviso to Section 23 sub section 1?	Labels shall not contain any false or misleading statement, claim, design or device regarding the food, its quantity, nutritive value, medicinal or therapeutic claims or place of origin.
What duty is imposed under Section 23 sub section 2?	Every food business operator shall ensure that labelling and presentation of food does not mislead consumers.
What aspects are covered under Section 23 sub section 2?	Shape, appearance, packaging, packaging materials, display setting and information provided through any medium shall not mislead consumers.
What does Section 24 provide under the Food Safety and Standards Act, 2006?	Section 24 provides for restrictions on advertisement and prohibition of unfair trade practices.
What prohibition is imposed under Section 24 sub section 1?	No advertisement of any food shall be made which is misleading, deceiving or in contravention of the Act, rules or regulations.
What general prohibition is imposed under Section 24 sub section 2?	No person shall engage in any unfair trade practice to promote sale, supply, use or consumption of food.
What is prohibited under Section 24 sub section 2 clause a?	Falsely representing that food is of a particular standard, quality, quantity or grade composition is prohibited.
What is prohibited under Section 24 sub section 2 clause b?	Making false or misleading representation concerning the need for or usefulness of food is prohibited.
What is prohibited under Section 24 sub section 2 clause c?	Giving a public guarantee of efficacy not based on adequate or scientific justification is prohibited.
On whom lies the burden of proof under the proviso to Section 24 sub section 2 clause c?	The burden of proof lies on the person who raises the defence that the guarantee is scientifically justified.

CHAPTER-V
PROVISIONS RELATING TO IMPORT
What does Section 25 provide under the Food Safety and Standards Act, 2006?	Section 25 provides that all imports of articles of food shall be subject to the provisions of this Act.
What is prohibited under Section 25 clause i?	No person shall import any unsafe, misbranded, sub-standard food or food containing extraneous matter.
What is prohibited under Section 25 clause ii?	No person shall import any article of food requiring a licence except in accordance with the conditions of such licence.
What is prohibited under Section 25 clause iii?	No person shall import any article of food in contravention of the Act, rules, regulations or any other Act.
What obligation is imposed on the Central Government under Section 25 sub section 2?	The Central Government shall follow standards laid down by the Food Authority while regulating imports under the Foreign Trade Development and Regulation Act 1992.

CHAPTER-VI
SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY
What does Section 26 provide under the Food Safety and Standards Act, 2006?	Section 26 provides for the responsibilities of the Food Business Operator.
What is the general responsibility under Section 26 sub section 1?	Every Food Business Operator shall ensure that food articles comply with the Act and regulations at all stages of production, processing, import, distribution and sale.
What is prohibited under Section 26 sub section 2 clause i?	A Food Business Operator shall not manufacture, store, sell or distribute any unsafe food.
What is prohibited under Section 26 sub section 2 clause ii?	A Food Business Operator shall not deal in food that is misbranded, sub-standard or contains extraneous matter.
What is prohibited under Section 26 sub section 2 clause iii?	A Food Business Operator shall not deal in food requiring a licence except in accordance with licence conditions.
What is prohibited under Section 26 sub section 2 clause iv?	A Food Business Operator shall not deal in food prohibited by the Food Authority or Government in the interest of public health.
What is prohibited under Section 26 sub section 2 clause v?	A Food Business Operator shall not deal in food in contravention of the Act, rules or regulations.
What restriction is imposed under Section 26 sub section 3?	A Food Business Operator shall not employ any person suffering from infectious, contagious or loathsome disease.
What obligation is imposed under Section 26 sub section 4?	A Food Business Operator shall provide a written guarantee about the nature and quality of food sold to a vendor.
What is deemed to be a guarantee under the proviso to Section 26 sub section 4?	A bill, cash memo or invoice given to the vendor shall be deemed to be a guarantee even if not in specified form.
What is provided under Section 26 sub section 5 of the Food Safety and Standards Act, 2006?	Section 26 sub section 5 provides presumption regarding unsafe food in a batch, lot or consignment.
What presumption applies under Section 26 sub section 5?	If any food in a batch, lot or consignment is unsafe it shall be presumed that all food in that batch, lot or consignment is unsafe unless proved otherwise after detailed assessment.
What exception is provided under Section 26 sub section 5?	The presumption may be rebutted if detailed assessment within specified time shows no evidence that the remaining food is unsafe.
What power is reserved under the proviso to Section 26 sub section 5?	Competent authorities may impose restrictions or require withdrawal from the market if they suspect the food is unsafe despite conformity with specific provisions.
What condition applies to action under the proviso to Section 26 sub section 5?	Reasons for imposing restrictions or withdrawal shall be recorded in writing
What does Section 27 provide under the Food Safety and Standards Act, 2006?	Section 27 provides for liability of manufacturers, packers, wholesalers, distributors and sellers.
Who is liable under Section 27 sub section 1?	The manufacturer or packer is liable if the article of food does not meet requirements of the Act and regulations.
When is a wholesaler or distributor liable under Section 27 sub section 2 clause a?	When food is supplied after the date of its expiry.
When is a wholesaler or distributor liable under Section 27 sub section 2 clause b?	When food is stored or supplied in violation of manufacturer safety instructions.
When is a wholesaler or distributor liable under Section 27 sub section 2 clause c?	When food is unsafe or misbranded.
When is a wholesaler or distributor liable under Section 27 sub section 2 clause d?	When the manufacturer from whom food was received is unidentifiable.
When is a wholesaler or distributor liable under Section 27 sub section 2 clause e?	When food is stored, handled or kept in violation of the Act, rules or regulations.
When is a wholesaler or distributor liable under Section 27 sub section 2 clause f?	When food is received with knowledge of being unsafe.
When is a seller liable under Section 27 sub section 3 clause a?	When food is sold after the date of its expiry.
When is a seller liable under Section 27 sub section 3 clause b?	When food is handled or kept in unhygienic conditions.
When is a seller liable under Section 27 sub section 3 clause c?	When food is misbranded.
When is a seller liable under Section 27 sub section 3 clause d?	When the manufacturer or distributor from whom food was received is unidentifiable.
When is a seller liable under Section 27 sub section 3 clause e?	When food is received with knowledge of being unsafe.
What does Section 28 provide under the Food Safety and Standards Act, 2006?	Section 28 provides for food recall procedures.
What is required under Section 28 sub section 1?	A Food Business Operator shall immediately withdraw food from the market and inform competent authorities if it is not in compliance with the Act or regulations.
What must accompany withdrawal under Section 28 sub section 1?	The operator shall indicate reasons for withdrawal and inform competent authorities.
What is required under Section 28 sub section 2?	A Food Business Operator shall immediately inform and cooperate with competent authorities if food placed on the market may be unsafe.
What obligation is imposed under Section 28 sub section 3?	The operator shall inform authorities of actions taken to prevent risks and shall not prevent or discourage cooperation with authorities.
What is required under Section 28 sub section 4?	Every Food Business Operator shall follow conditions and guidelines relating to food recall as specified by regulations.

CHAPTER-VII
ENFORCEMENT OF THE ACT
What does Section 29 provide under the Food Safety and Standards Act, 2006?	Section 29 provides for authorities responsible for enforcement of the Act.
Who is responsible for enforcement under Section 29 sub section 1?	The Food Authority and the State Food Safety Authorities are responsible for enforcement.
What is the duty under Section 29 sub section 2?	The authorities shall monitor and verify that food business operators comply with legal requirements at all stages.
What system is required under Section 29 sub section 3?	Authorities shall maintain a system of control including public communication, surveillance and monitoring covering all stages of food business.
What is the role of Food Safety Officers under Section 29 sub section 4?	Food Safety Officers shall enforce and execute provisions of the Act within their area where duty is not imposed on another authority.
What is provided under Section 29 sub section 5?	Regulations shall specify which Food Safety Officers enforce provisions and may provide for assistance and information sharing between authorities.
What powers are given under Section 29 sub section 6?	The Commissioner of Food Safety and Designated Officer shall exercise the same powers and follow the same procedure as a Food Safety Officer.
. What does Section 30 provide under the Food Safety and Standards Act, 2006?	Section 30 provides for appointment and functions of the Commissioner of Food Safety of the State.
Who appoints the Commissioner of Food Safety under Section 30 sub section 1?	The State Government appoints the Commissioner of Food Safety for the State.
For what purpose is the Commissioner appointed under Section 30 sub section 1?	The Commissioner is appointed for efficient implementation of food safety standards and requirements under the Act.
What power is given under Section 30 sub section 2 clause a?	The Commissioner may prohibit manufacture, storage, distribution or sale of any article of food in public interest for a period not exceeding one year by notification in the Official Gazette.
What function is provided under Section 30 sub section 2 clause b?	The Commissioner shall carry out surveys of food manufacturing or processing units to check compliance with notified standards.
What function is provided under Section 30 sub section 2 clause c?	The Commissioner shall conduct or organise training programmes for officials and stakeholders in the food chain.
What function is provided under Section 30 sub section 2 clause d?	The Commissioner shall ensure efficient and uniform implementation of standards with objectivity, accountability, transparency and credibility.
What power is provided under Section 30 sub section 2 clause e?	The Commissioner shall sanction prosecution for offences punishable with imprisonment under the Act.
What function is provided under Section 30 sub section 2 clause f?	The Commissioner shall perform other functions as prescribed by the State Government in consultation with the Food Authority.
What power of delegation is provided under Section 30 sub section 3?	The Commissioner may delegate his powers and functions except appointment of Designated Officer, Food Safety Officer and Food Analyst to subordinate officers.
What does Section 31 provide under the Food Safety and Standards Act, 2006?	Section 31 provides for licensing and registration of food business.
What is required under Section 31 sub section 1?	No person shall commence or carry on any food business except under a licence.
Who is exempted from licence under Section 31 sub section 2?	A petty manufacturer, petty retailer, hawker, itinerant vendor, temporary stall holder, small scale or cottage industry or tiny food business operator is exempted from licence but must register.
What is required for exempted persons under Section 31 sub section 2?	They shall register themselves with the prescribed authority in the manner specified by regulations.
How is application made under Section 31 sub section 3?	A person shall apply to the Designated Officer in the prescribed manner with required particulars and fees.
What power is given to the Designated Officer under Section 31 sub section 4?	The Designated Officer may grant or refuse licence after giving opportunity of being heard and recording reasons in writing in the interest of public health.
What is the time limit under the proviso to Section 31 sub section 4?	If licence is not issued or rejected within two months the applicant may start the business after expiry of that period.
What action may be taken after deemed approval under the proviso to Section 31 sub section 4?	The Designated Officer may issue an improvement notice under section 32 and follow prescribed procedure.
What is provided under Section 31 sub section 5 of the Food Safety and Standards Act, 2006?	Every licence shall be in such form and subject to such conditions as may be specified by regulations.
What is provided under Section 31 sub section 6?	A single licence may be issued for one or more articles of food and for different establishments or premises in the same area.
What is required under Section 31 sub section 7?	Separate applications and licences are required for premises situated in more than one area.
What remedy is available under Section 31 sub section 8?	An appeal against rejection of licence shall lie to the Commissioner of Food Safety.
What is the validity of licence under Section 31 sub section 9?	A licence shall remain in force for such period as specified by regulations unless suspended or cancelled earlier.
What is provided under the proviso to Section 31 sub section 9?	If renewal application is made before expiry the licence shall continue until orders are passed.
What is provided under Section 31 sub section 10?	The licence shall subsist for the benefit of the deceased personal representative or family member for three months from death or such longer period as allowed by the Designated Officer.
What does Section 32 provide under the Food Safety and Standards Act 2006?	Section 32 provides for issuance of improvement notices.
When may an improvement notice be issued under Section 32 sub section 1?	When the Designated Officer has reasonable grounds to believe that a Food Business Operator has failed to comply with applicable regulations.
What must be stated under Section 32 sub section 1 clause a?	The grounds for believing that the Food Business Operator has failed to comply shall be stated.
What must be specified under Section 32 sub section 1 clause b?	The matters constituting the failure to comply shall be specified.
What must be specified under Section 32 sub section 1 clause c?	The measures required to secure compliance shall be specified.
What time requirement is provided under Section 32 sub section 1 clause d?	The Food Business Operator shall be required to comply within a reasonable period not less than fourteen days.
What is the consequence under Section 32 sub section 2?	If the Food Business Operator fails to comply the licence may be suspended.
What action may be taken under Section 32 sub section 3?	If non-compliance continues the licence may be cancelled after giving opportunity to show cause.
What power is given under the proviso to Section 32 sub section 3?	The Designated Officer may suspend the licence forthwith in the interest of public health with reasons recorded in writing.
What right of appeal is provided under Section 32 sub section 4?	Any person aggrieved by an improvement notice, refusal to issue certificate of improvement, or cancellation, suspension or revocation of licence may appeal to the Commissioner of Food Safety.
What is the finality provision under Section 32 sub section 4?	The decision of the Commissioner of Food Safety on such appeal shall be final.
What is the limitation period under Section 32 sub section 5 clause a?	The appeal shall be filed within fifteen days from the date of service of notice of the decision.
What is the limitation period under Section 32 sub section 5 clause b?	In case of appeal against improvement notice the appeal shall be filed within fifteen days or within the period specified in the notice whichever expires earlier.
What is clarified under the Explanation to Section 32 sub section 5?	The making of the complaint shall be deemed to be the bringing of the appeal.
What does Section 33 provide under the Food Safety and Standards Act 2006?	Section 33 provides for prohibition orders against Food Business Operators.
When may a prohibition order be passed under Section 33 sub section 1?	When a Food Business Operator is convicted of an offence and the court is satisfied that a health risk exists.
What opportunity must be given under Section 33 sub section 1?	The Food Business Operator shall be given an opportunity of being heard.
What prohibition may be imposed under Section 33 sub section 1 clause i?	Prohibition on the use of the process or treatment for the purposes of the food business.
What prohibition may be imposed under Section 33 sub section 1 clause ii?	Prohibition on the use of the premises or equipment for the food business or any similar food business.
What prohibition may be imposed under Section 33 sub section 1 clause iii?	Prohibition on the use of the premises or equipment for any food business.
What additional prohibition may be imposed under Section 33 sub section 2?	Prohibition on the Food Business Operator participating in management of any food business.
What is required of the Food Safety Officer under Section 33 sub section 3 clause a?	A copy of the prohibition order shall be served on the Food Business Operator.
What is required under Section 33 sub section 3 clause b?	A copy of the order shall be affixed at a conspicuous place on the premises.
What is the penalty for contravention under Section 33 sub section 3?	Contravention of a prohibition order is punishable with a fine which may extend to three lakh rupees.
What is provided under Section 33 sub section 4 of the Food Safety and Standards Act 2006?	The Food Safety Officer with approval of the Designated Officer shall issue a certificate for lifting the prohibition order if sufficient measures are taken.
What is the time limit for issuing certificate under Section 33 sub section 4?	The certificate shall be issued within seven days of being satisfied on the application.
What is required under Section 33 sub section 4 clause a?	The officer shall determine within fourteen days whether he is satisfied.
What is required under Section 33 sub section 4 clause b?	If not satisfied the officer shall give notice stating reasons.
When does a prohibition order cease under Section 33 sub section 5?	It ceases when the court is satisfied on application made not less than six months after the order that sufficient measures have been taken.
When may the court give direction under Section 33 sub section 6?	The court may give direction considering all circumstances including conduct of the operator since the order.
What limitation applies under Section 33 sub section 6 clause a?	No application shall be entertained if not made within six months after the prohibition order.
What limitation applies under Section 33 sub section 6 clause b?	No application shall be entertained within three months of a previous application.
What is clarified under Explanation clause i to Section 33?	References to food business operator apply equally to a manager of the food business.
What is manager under Explanation clause ii to Section 33?	Manager means a person entrusted with day to day running of the food business or part thereof.
What does Section 34 provide under the Food Safety and Standards Act 2006?	Section 34 provides for emergency prohibition notices and orders.
When may an emergency prohibition notice be issued under Section 34 sub section 1?	When the Designated Officer is satisfied that the health risk condition exists with respect to any food business.
To whom does the Designated Officer apply under Section 34 sub section 1?	He applies to the Commissioner of Food Safety for imposing the prohibition.
What is required under Section 34 sub section 2?	If satisfied the Commissioner of Food Safety shall impose the prohibition by order.
What prior notice is required under Section 34 sub section 3?	At least one day before applying the Designated Officer shall serve notice of his intention to apply.
What is required under Section 34 sub section 4 clause a?	A copy of the emergency prohibition order shall be served on the food business operator.
What is required under Section 34 sub section 4 clause b?	A copy of the order shall be affixed at a conspicuous place on the premises.
What is the penalty for contravention under Section 34 sub section 4?	Contravention is punishable with imprisonment up to two years and fine up to two lakh rupees.
When does an emergency prohibition order cease under Section 34 sub section 5 of the Food Safety and Standards Act 2006?	It ceases upon issue of a certificate by the Designated Officer that sufficient measures have been taken to justify lifting the order.
What is the time limit for issuing certificate under Section 34 sub section 6?	The Designated Officer shall issue the certificate within seven days of application.
What is required if the Designated Officer is not satisfied under Section 34 sub section 6?	The officer shall give notice within ten days stating the reasons for not being satisfied.
What does Section 35 provide under the Food Safety and Standards Act 2006?	Section 35 provides for notification of food poisoning.
What power is given under Section 35?	The Food Authority may require registered medical practitioners to report occurrences of food poisoning.
Who is required to report under Section 35?	Registered medical practitioners carrying on their profession in a specified local area are required to report.
To whom shall food poisoning be reported under Section 35?	It shall be reported to such officer as may be specified in the notification.
What does Section 36 provide under the Food Safety and Standards Act 2006?	Section 36 provides for appointment and functions of the Designated Officer.
Who appoints the Designated Officer under Section 36 sub section 1?	The Commissioner of Food Safety appoints the Designated Officer by order.
What is the minimum rank required under Section 36 sub section 1?	The Designated Officer shall not be below the rank of Sub Divisional Officer.
How many Designated Officers are required under Section 36 sub section 2?	There shall be one Designated Officer for each district.
What function is provided under Section 36 sub section 3 clause a?	The Designated Officer shall issue or cancel licences of Food Business Operators.
What function is provided under Section 36 sub section 3 clause b?	The Designated Officer shall prohibit sale of food in contravention of the Act and regulations.
What function is provided under Section 36 sub section 3 clause c?	The Designated Officer shall receive reports and samples from Food Safety Officers and get them analysed.
What function is provided under Section 36 sub section 3 clause d?	The Designated Officer shall recommend to the Commissioner sanction for prosecution in cases punishable with imprisonment.
What function is provided under Section 36 sub section 3 clause e?	The Designated Officer shall sanction or launch prosecutions in cases punishable with fine.
What function is provided under Section 36 sub section 3 clause f?	The Designated Officer shall maintain records of inspections and actions taken by Food Safety Officers.
What function is provided under Section 36 sub section 3 clause g?	The Designated Officer shall get investigated written complaints regarding contraventions of the Act.
What function is provided under Section 36 sub section 3 clause h?	The Designated Officer shall investigate written complaints against Food Safety Officers.
What function is provided under Section 36 sub section 3 clause i?	The Designated Officer shall perform other duties entrusted by the Commissioner of Food Safety.
What does Section 37 provide under the Food Safety and Standards Act 2006?	Section 37 provides for appointment of Food Safety Officers.
Who appoints the Food Safety Officer under Section 37 sub section 1?	The Commissioner of Food Safety appoints Food Safety Officers by notification.
What qualification is required under Section 37 sub section 1?	Food Safety Officers shall possess qualifications prescribed by the Central Government.
For what purpose are Food Safety Officers appointed under Section 37 sub section 1?	They are appointed to perform functions under the Act and the rules and regulations made thereunder.
What power is given to the State Government under Section 37 sub section 2?	The State Government may authorise an officer with prescribed qualifications to perform functions of a Food Safety Officer within a specified jurisdiction.
What does Section 38 provide under the Food Safety and Standards Act 2006?	Section 38 provides for the powers of the Food Safety Officer.
What power is given under Section 38 sub section 1 clause a sub clause i?	The Food Safety Officer may take sample of any food or substance intended for sale or sold for human consumption.
What power is given under Section 38 sub section 1 clause a sub clause ii?	The Food Safety Officer may take sample of any article of food or substance found on any premises.
For what purpose may samples be taken under Section 38 sub section 1 clause a?	Samples may be taken if required as evidence in proceedings under the Act or regulations.
What power is given under Section 38 sub section 1 clause b?	The Food Safety Officer may seize any article of food appearing to be in contravention of the Act or regulations.
What is provided under Section 38 sub section 1 clause c?	The Food Safety Officer may keep the seized article in safe custody of the Food Business Operator after taking a sample.
Where shall the sample be sent under Section 38 sub section 1?	The sample shall be sent for analysis to a Food Analyst of the local area.
What requirement is provided under the proviso to Section 38 sub section 1?	The Food Safety Officer may require execution of a bond equal to the value of the article with sureties.
What power is given under Section 38 sub section 2?	The Food Safety Officer may enter and inspect any place where food or adulterant is manufactured, stored or exhibited for sale and take samples for analysis.
What is provided under Section 38 sub section 3 of the Food Safety and Standards Act 2006?	The cost of the sample taken shall be paid to the person from whom it is taken at the usual selling rate.
What power is given under Section 38 sub section 4?	The Food Safety Officer may destroy perishable food unfit for human consumption after giving written notice.
What procedure is to be followed under Section 38 sub section 5?	The Food Safety Officer shall follow provisions of the Code of Criminal Procedure 1973 relating to search or inspection.
What power is given under Section 38 sub section 6?	The Food Safety Officer may seize adulterant and relevant books of account or documents useful for investigation.
What condition applies under the proviso to Section 38 sub section 6?	Books of account or documents shall not be seized without previous approval of the superior authority.
What does Section 39 provide under the Food Safety and Standards Act 2006?	Section 39 provides for liability of Food Safety Officer in certain cases.
When is a Food Safety Officer liable under Section 39 clause a?	When he vexatiously and without reasonable ground seizes any article of food or adulterant.
When is a Food Safety Officer liable under Section 39 clause b?	When he commits any act causing injury without reason to believe it is necessary for execution of duty.
What is the penalty under Section 39?	The Food Safety Officer shall be liable to a penalty which may extend to one lakh rupees.
What is provided under the proviso to Section 39?	If a false complaint is proved against a Food Safety Officer the complainant shall be punishable with fine not less than fifty thousand rupees and up to one lakh rupees.
What does Section 40 provide under the Food Safety and Standards Act 2006?	Section 40 provides that a purchaser may have food analysed.
Who may have food analysed under Section 40 sub section 1?	A purchaser of any article of food other than a Food Safety Officer may have it analysed by the Food Analyst.
What is required under Section 40 sub section 1?	The purchaser shall pay the prescribed fees and receive a report within the period specified by regulations.
What condition is imposed under the first proviso to Section 40 sub section 1?	The purchaser shall inform the Food Business Operator at the time of purchase of his intention to have the article analysed.
What benefit is provided under the second proviso to Section 40 sub section 1?	If the report shows non-compliance the purchaser is entitled to refund of the fees paid.
What is required under Section 40 sub section 2?	If contravention is found the Food Analyst shall forward the report to the Designated Officer to follow procedure under section 42 for prosecution.
What does Section 41 provide under the Food Safety and Standards Act 2006?	Section 41 provides for power of search, seizure, investigation, prosecution and procedure thereof.
What power is given under Section 41 sub section 1?	The Food Safety Officer may search any place and seize any article of food or adulterant if there is reasonable doubt of commission of an offence.
What is required after action under Section 41 sub section 1?	The Food Safety Officer shall inform the Designated Officer in writing about the actions taken.
What is clarified under the proviso to Section 41 sub section 1?	A search shall not be deemed irregular merely because witnesses are not inhabitants of the locality.
What procedure applies under Section 41 sub section 2?	The provisions of the Code of Criminal Procedure 1973 relating to search, seizure, summon, investigation and prosecution shall apply as far as may be.
What does Section 42 provide under the Food Safety and Standards Act 2006?	Section 42 provides for procedure for launching prosecution.
What is the responsibility of the Food Safety Officer under Section 42 sub section 1?	The Food Safety Officer shall inspect food business, draw samples and send them to the Food Analyst for analysis.
What is required under Section 42 sub section 2?	The Food Analyst shall analyse the sample and send the report within fourteen days to the Designated Officer with a copy to the Commissioner of Food Safety.
What must the Designated Officer decide under Section 42 sub section 3?	He shall decide whether the contravention is punishable with imprisonment or fine only.
What is required if imprisonment is involved under Section 42 sub section 3?	The Designated Officer shall send recommendations within fourteen days to the Commissioner of Food Safety for sanction of prosecution.
What decision is to be taken under Section 42 sub section 4 clause a?	Offences punishable with imprisonment up to three years shall be referred to a court of ordinary jurisdiction.
What decision is to be taken under Section 42 sub section 4 clause b?	Offences punishable with imprisonment exceeding three years shall be referred to a Special Court where established.
What is required under Section 42 sub section 5?	The Commissioner shall communicate his decision and the prosecution shall be launched before the appropriate court.
What additional communication is required under Section 42 sub section 5?	If the sample was taken under section 40 the communication shall also be sent to the purchaser.

CHAPTER-VIII
ANALYSIS OF FOOD
What does Section 43 provide under the Food Safety and Standards Act 2006?	Section 43 provides for recognition and accreditation of laboratories, research institutions and referral food laboratory.
What power is given under Section 43 sub section 1?	The Food Authority may notify accredited food laboratories and research institutions for analysis of samples.
Which accreditation bodies are referred to under Section 43 sub section 1?	Laboratories accredited by National Accreditation Board for Testing and Calibration Laboratories or any other accreditation agency may be notified.
What is required under Section 43 sub section 2?	The Food Authority shall establish or recognise one or more referral food laboratories by notification.
What may be specified under Section 43 sub section 3 clause a?	The functions and local areas of food laboratories and referral food laboratories may be specified by regulations.
What may be specified under Section 43 sub section 3 clause b?	The procedure for submission of samples, forms of reports and fees payable may be specified.
What may be specified under Section 43 sub section 3 clause c?	Other necessary or expedient matters to enable laboratories to function effectively may be specified.
What does Section 44 provide under the Food Safety and Standards Act 2006?	Section 44 provides for recognition of organisation or agency for food safety audit.
What power is given under Section 44?	The Food Authority may recognise any organisation or agency for conducting food safety audit.
For what purpose may an organisation be recognised under Section 44?	It may be recognised for checking compliance with food safety management systems under the Act and regulations.
What does Section 45 provide under the Food Safety and Standards Act 2006?	Section 45 provides for appointment of Food Analysts.
Who appoints the Food Analysts under Section 45?	The Commissioner of Food Safety appoints Food Analysts by notification.
What qualification is required under Section 45?	Food Analysts shall possess qualifications prescribed by the Central Government.
What restriction is imposed under the first proviso to Section 45?	A person having financial interest in manufacture or sale of any article of food shall not be appointed as Food Analyst.
What is provided under the second proviso to Section 45?	Different Food Analysts may be appointed for different articles of food.
What does Section 46 provide under the Food Safety and Standards Act 2006?	Section 46 provides for functions of the Food Analyst.
What is required under Section 46 sub section 1?	The Food Analyst shall compare the seal on the sample with specimen impression and note the condition of the seal.
What is provided under the proviso to Section 46 sub section 1?	If the sample is broken or unfit the Food Analyst shall inform the Designated Officer within seven days and requisition the second part of the sample.
What is required under Section 46 sub section 2?	The Food Analyst shall analyse samples sent by the Food Safety Officer or any authorised person.
What is required under Section 46 sub section 3 clause i?	If sample is received under section 38 or 47 four copies of the report shall be sent to the Designated Officer.
What is required under Section 46 sub section 3 clause ii?	If sample is received under section 40 a copy of the report shall be sent to the purchaser with a copy to the Designated Officer.
What is provided under the proviso to Section 46 sub section 3?	If analysis cannot be completed within fourteen days reasons and time required shall be informed to the Designated Officer and Commissioner.
What remedy is provided under Section 46 sub section 4?	An appeal against the Food Analyst report lies before the Designated Officer who may refer it to the referral food laboratory.
What does Section 47 provide under the Food Safety and Standards Act 2006?	Section 47 provides for sampling and analysis of food.
What is required under Section 47 sub section 1 clause a?	The Food Safety Officer shall give written notice of intention to analyse the sample to the concerned person.
What is required under Section 47 sub section 1 clause b?	The sample shall be divided into four parts and marked sealed or fastened and signature or thumb impression obtained.
What is provided under the proviso to Section 47 sub section 1 clause b?	If the person refuses to sign the Food Safety Officer shall obtain signature or thumb impression of witnesses.
What is required under Section 47 sub section 1 clause c sub clause i?	One part of the sample shall be sent to the Food Analyst under intimation to the Designated Officer.
What is required under Section 47 sub section 1 clause c sub clause ii?	Two parts shall be sent to the Designated Officer for safe custody.
What is required under Section 47 sub section 1 clause c sub clause iii?	One part shall be sent to an accredited laboratory if requested by the Food Business Operator.
What is provided under the proviso to Section 47 sub section 1 clause c?	If reports differ the Designated Officer shall send one part to referral laboratory whose decision shall be final.
What is required under Section 47 sub section 2?	The sample shall be sent to the Food Analyst by the immediate succeeding working day.
What is provided under Section 47 sub section 3?	If the sample sent to the Food Analyst is lost or damaged another part shall be sent by the Designated Officer.
What is required under Section 47 sub section 4?	Seized article shall be produced before the Designated Officer within seven days after receipt of report unless destroyed.
What is provided under the proviso to Section 47 sub section 4?	On application the Designated Officer may direct production of seized article within specified time.
What is required under Section 47 sub section 5?	In case of imported food the authorised officer shall take sample and send to notified laboratory which shall report within five days.
What is required under Section 47 sub section 6?	The Designated Officer Food Safety Officer authorised officer and Food Analyst shall follow procedure specified by regulations.

CHAPTER-IX
OFFENCES AND PENALTIES
What does Section 48 provide under the Food Safety and Standards Act 2006?	Section 48 provides for general provisions relating to offences.
How may a person render food injurious to health under Section 48 sub section 1 clause a?	By adding any article or substance to the food.
How may a person render food injurious to health under Section 48 sub section 1 clause b?	By using any article or substance as an ingredient in preparation of the food.
How may a person render food injurious to health under Section 48 sub section 1 clause c?	By abstracting any constituents from the food.
How may a person render food injurious to health under Section 48 sub section 1 clause d?	By subjecting the food to any other process or treatment with knowledge of sale for consumption.
What factors are considered under Section 48 sub section 2 clause a sub clause i?	Normal conditions of use and handling at each stage of production processing and distribution.
What factors are considered under Section 48 sub section 2 clause a sub clause ii?	Information provided to consumers including label information and long term health effects.
What factors are considered under Section 48 sub section 2 clause a sub clause iii?	Probable cumulative toxic effects.
What factors are considered under Section 48 sub section 2 clause a sub clause iv?	Particular health sensitivities of specific categories of consumers.
What factors are considered under Section 48 sub section 2 clause a sub clause v?	Probable cumulative effect of similar foods consumed in ordinary quantities.
What is provided under Section 48 sub section 2 clause b?	Primary food falling below standard solely due to natural causes beyond human control shall not be deemed unsafe or sub-standard.
What is the meaning of injury under the Explanation to Section 48?	Injury includes any impairment whether permanent or temporary.
What does Section 49 provide under the Food Safety and Standards Act 2006?	Section 49 provides for general provisions relating to penalty.
What must be considered under Section 49 clause a?	The amount of gain or unfair advantage made as a result of the contravention.
What must be considered under Section 49 clause b?	The amount of loss caused or likely to be caused to any person due to the contravention.
What must be considered under Section 49 clause c?	The repetitive nature of the contravention.
What must be considered under Section 49 clause d?	Whether the contravention was committed without knowledge.
What must be considered under Section 49 clause e?	Any other relevant factor.
What does Section 50 provide under the Food Safety and Standards Act 2006?	Section 50 provides for penalty for selling food not of the nature or substance or quality demanded.
When is penalty attracted under Section 50?	When a person sells food not in compliance with the Act or not of the nature or quality demanded by the purchaser.
What is the maximum penalty under Section 50?	The penalty may extend to five lakh rupees.
What is the reduced penalty under the proviso to Section 50?	Persons covered under section 31 sub section 2 shall be liable to a penalty not exceeding twenty five thousand rupees.
What does Section 51 provide under the Food Safety and Standards Act 2006?	Section 51 provides for penalty for sub-standard food.
Who is liable under Section 51?	Any person who manufactures, stores, sells, distributes or imports sub-standard food for human consumption.
What is the maximum penalty under Section 51?	The penalty may extend to five lakh rupees.
What does Section 52 provide under the Food Safety and Standards Act 2006?	Section 52 provides for penalty for misbranded food.
Who is liable under Section 52 sub section 1?	Any person who manufactures, stores, sells, distributes or imports misbranded food for human consumption.
What is the maximum penalty under Section 52 sub section 1?	The penalty may extend to three lakh rupees.
What power is given under Section 52 sub section 2?	The Adjudicating Officer may direct corrective action or order destruction of the misbranded food.
What does Section 53 provide under the Food Safety and Standards Act 2006?	Section 53 provides for penalty for misleading advertisement.
When is penalty attracted under Section 53 clause a?	When an advertisement falsely describes any food.
When is penalty attracted under Section 53 clause b?	When an advertisement misleads as to the nature substance or quality of food or gives false guarantee.
What is the maximum penalty under Section 53?	The penalty may extend to ten lakh rupees.
What is clarified under Section 53 sub section 2?	An accurate statement of composition in a label or advertisement does not preclude finding of contravention.
What does Section 54 provide under the Food Safety and Standards Act 2006?	Section 54 provides for penalty for food containing extraneous matter.
Who is liable under Section 54?	Any person who manufactures, stores, sells, distributes or imports food containing extraneous matter.
What is the maximum penalty under Section 54?	The penalty may extend to one lakh rupees.
What does Section 55 provide under the Food Safety and Standards Act 2006?	Section 55 provides for penalty for failure to comply with the directions of Food Safety Officer.
Who is liable under Section 55?	A Food Business Operator or importer who without reasonable ground fails to comply with directions issued under the Act.
What is the maximum penalty under Section 55?	The penalty may extend to two lakh rupees.
What does Section 56 provide under the Food Safety and Standards Act 2006?	Section 56 provides for penalty for unhygienic or unsanitary processing or manufacturing of food.
Who is liable under Section 56?	Any person who manufactures or processes food for human consumption under unhygienic or unsanitary conditions.
What is the maximum penalty under Section 56?	The penalty may extend to one lakh rupees.
What does Section 57 provide under the Food Safety and Standards Act 2006?	Section 57 provides for penalty for possessing adulterant.
Who is liable under Section 57 sub section 1?	Any person who imports, manufactures, stores, sells or distributes any adulterant.
What is the penalty under Section 57 sub section 1 clause i?	If the adulterant is not injurious to health the penalty may extend to two lakh rupees.
What is the penalty under Section 57 sub section 1 clause ii?	If the adulterant is injurious to health the penalty may extend to ten lakh rupees.
What is clarified under Section 57 sub section 2?	It is not a defence that the accused was holding the adulterant on behalf of another person.
What does Section 58 provide under the Food Safety and Standards Act 2006?	Section 58 provides for penalty for contraventions for which no specific penalty is provided.
When is Section 58 attracted?	When any provision of the Act or rules or regulations is contravened and no separate penalty is provided in the Chapter.
What is the maximum penalty under Section 58?	The penalty may extend to two lakh rupees.
What does Section 59 provide under the Food Safety and Standards Act 2006?	Section 59 provides for punishment for unsafe food.
Who is liable under Section 59?	Any person who manufactures, stores, sells, distributes or imports unsafe food for human consumption.
What is the punishment under Section 59 clause i?	If no injury results imprisonment up to six months and fine up to one lakh rupees.
What is the punishment under Section 59 clause ii?	If non grievous injury results imprisonment up to one year and fine up to three lakh rupees.
What is the punishment under Section 59 clause iii?	If grievous injury results imprisonment up to six years and fine up to five lakh rupees.
What is the punishment under Section 59 clause iv?	If death results imprisonment not less than seven years up to life imprisonment and fine not less than ten lakh rupees.
What does Section 60 provide under the Food Safety and Standards Act 2006?	Section 60 provides for punishment for interfering with seized items.
When is punishment attracted under Section 60?	When a person without permission retains, removes or tampers with any seized food, vehicle, equipment, package, labelling, advertising material or other thing.
What is the punishment under Section 60?	Imprisonment up to six months and fine up to two lakh rupees.
What does Section 61 provide under the Food Safety and Standards Act 2006?	Section 61 provides for punishment for false information.
When is punishment attracted under Section 61?	When a person knowingly provides false or misleading information or document in connection with any requirement or direction under the Act.
What is the punishment under Section 61?	Imprisonment up to three months and fine up to two lakh rupees.
What does Section 62 provide under the Food Safety and Standards Act 2006?	Section 62 provides for punishment for obstructing or impersonating a Food Safety Officer.
When is punishment attracted under Section 62?	When a person without reasonable excuse resists, obstructs, attempts to obstruct, impersonates, threatens, intimidates or assaults a Food Safety Officer in discharge of his functions.
What is the punishment under Section 62?	Imprisonment up to three months and fine up to one lakh rupees.
What does Section 63 provide under the Food Safety and Standards Act 2006?	Section 63 provides for punishment for carrying out a business without licence.
Who is liable under Section 63?	Any person or Food Business Operator required to obtain licence who manufactures, sells, stores, distributes or imports food without licence.
Who is exempted under Section 63?	Persons exempted from licensing under section 31 sub section 2 are not liable under this section.
What is the punishment under Section 63?	Imprisonment up to six months and fine up to five lakh rupees.
What does Section 64 provide under the Food Safety and Standards Act 2006?	Section 64 provides for punishment for subsequent offences.
What is the enhanced punishment under Section 64 sub section 1 clause i?	The offender shall be liable to twice the punishment which might have been imposed on first conviction subject to the maximum provided.
What is provided under Section 64 sub section 1 clause ii?	In case of continuing offence a further fine on daily basis may be imposed up to one lakh rupees.
What is provided under Section 64 sub section 1 clause iii?	The licence of the offender shall be cancelled.
What power is given to the Court under Section 64 sub section 2?	The Court may publish the offender’s name residence offence and penalty at his expense.
How are publication expenses treated under Section 64 sub section 2?	The expenses shall be deemed part of the cost of conviction and recoverable as fine.
What does Section 65 provide under the Food Safety and Standards Act 2006?	Section 65 provides for compensation in case of injury or death of consumer.
Who may direct payment of compensation under Section 65 sub section 1?	The Adjudicating Officer or the court may direct payment of compensation.
What is the minimum compensation under Section 65 sub section 1 clause a?	In case of death compensation shall not be less than five lakh rupees.
What is the maximum compensation under Section 65 sub section 1 clause b?	In case of grievous injury compensation shall not exceed three lakh rupees.
What is the maximum compensation under Section 65 sub section 1 clause c?	In other cases of injury compensation shall not exceed one lakh rupees.
What is the time limit for payment under the first proviso to Section 65 sub section 1?	Compensation shall be paid as early as possible and not later than six months from the date of incident.
What is provided under the second proviso to Section 65 sub section 1?	In case of death interim relief shall be paid to next of kin within thirty days of the incident.
What is provided under Section 65 sub section 2?	The name residence offence and penalty of the guilty person may be published at his expense.
What powers are given under Section 65 sub section 3 clause a?	The authority may order cancellation of licence recall of food and forfeiture of establishment and property in case of grievous injury or death.
What power is given under Section 65 sub section 3 clause b?	Prohibition orders may be issued in other cases.
What does Section 66 provide under the Food Safety and Standards Act 2006?	Section 66 provides for offences by companies.
Who is deemed guilty under Section 66 sub section 1?	Every person in charge of and responsible to the company for conduct of its business as well as the company shall be deemed guilty.
What is provided under the first proviso to Section 66 sub section 1?	The head or person in charge of a specific establishment branch or unit nominated for food safety shall be liable for contravention in that unit.
What defence is available under the second proviso to Section 66 sub section 1?	A person shall not be liable if he proves the offence was committed without his knowledge or that he exercised due diligence.
When are directors or officers liable under Section 66 sub section 2?	When the offence is committed with their consent connivance or is attributable to their neglect.
What is the meaning of company under Explanation clause a to Section 66?	Company includes any body corporate firm or association of individuals.
What is the meaning of director under Explanation clause b to Section 66?	In relation to a firm director means a partner in the firm.
What does Section 67 provide under the Food Safety and Standards Act 2006?	Section 67 provides for penalty for contravention in case of import of articles of food in addition to penalties under other Acts.
What is the liability under Section 67 sub section 1?	An importer contravening the Act shall be liable under this Act in addition to liability under the Foreign Trade Development and Regulation Act 1992 and the Customs Act 1962.
What is provided under Section 67 sub section 2?	Such imported food shall be destroyed or returned to the importer if permitted by the competent authority under the relevant Acts.

CHAPTER-X
ADJUDICATION AND FOOD SAFETY APPELLATE TRIBUNAL
What does Section 68 provide under the Food Safety and Standards Act 2006?	Section 68 provides for adjudication of offences under this Chapter.
Who is appointed as Adjudicating Officer under Section 68 sub section 1?	An officer not below the rank of Additional District Magistrate notified by the State Government shall act as Adjudicating Officer.
What is required under Section 68 sub section 2?	The Adjudicating Officer shall give reasonable opportunity of representation and impose penalty if contravention is proved.
What powers are conferred under Section 68 sub section 3?	The Adjudicating Officer shall have the powers of a civil court.
What is provided under Section 68 sub section 3 clause a?	Proceedings before him shall be deemed judicial proceedings within sections 193 and 228 of the Indian Penal Code.
What is provided under Section 68 sub section 3 clause b?	He shall be deemed a court for purposes of sections 345 and 346 of the Code of Criminal Procedure 1973.
What must be considered under Section 68 sub section 4?	The Adjudicating Officer shall have due regard to the guidelines specified in section 49 while determining penalty.
What does Section 69 provide under the Food Safety and Standards Act 2006?	Section 69 provides for power to compound offences.
Who may be empowered under Section 69 sub section 1?	The Commissioner of Food Safety may empower the Designated Officer to compound offences.
Against whom can offences be compounded under Section 69 sub section 1?	Petty manufacturers, retailers, hawkers, itinerant vendors and temporary stall holders suspected of contravention.
What is the effect of composition under Section 69 sub section 2?	On payment of the composition amount the person shall be discharged and no further proceedings shall be taken.
What is the maximum composition amount under Section 69 sub section 3?	The composition amount shall not exceed one lakh rupees.
What limitation is imposed under the proviso to Section 69 sub section 3?	Offences punishable with imprisonment under this Act shall not be compounded.
What does Section 70 provide under the Food Safety and Standards Act 2006?	Section 70 provides for establishment of Food Safety Appellate Tribunal.
Who may establish the Tribunal under Section 70 sub section 1?	The Central Government or the State Government may establish the Food Safety Appellate Tribunal by notification.
What is the jurisdiction under Section 70 sub section 1?	The Tribunal shall hear appeals from decisions of the Adjudicating Officer under section 68.
What is required under Section 70 sub section 2?	The matters and areas of jurisdiction of the Tribunal shall be prescribed.
What is the composition under Section 70 sub section 3?	The Tribunal shall consist of one person known as the Presiding Officer.
What qualification is required under the proviso to Section 70 sub section 3?	The Presiding Officer shall be or have been a District Judge.
What is provided under Section 70 sub section 4?	Qualifications, appointment, term, salary, resignation and removal of Presiding Officer shall be prescribed by the Central Government.
What is provided under Section 70 sub section 5?	The procedure of appeal and powers of the Tribunal shall be prescribed by the Central Government.
What does Section 71 provide under the Food Safety and Standards Act 2006?	Section 71 provides for procedure and powers of the Food Safety Appellate Tribunal.
Is the Tribunal bound by the Code of Civil Procedure under Section 71 sub section 1?	No the Tribunal is guided by principles of natural justice and may regulate its own procedure.
What powers are conferred under Section 71 sub section 2 clause a?	The Tribunal may summon and enforce attendance of any person and examine him on oath.
What powers are conferred under Section 71 sub section 2 clause b?	The Tribunal may require discovery and production of documents or electronic records.
What powers are conferred under Section 71 sub section 2 clause c?	The Tribunal may receive evidence on affidavits.
What powers are conferred under Section 71 sub section 2 clause d?	The Tribunal may issue commissions for examination of witnesses or documents.
What powers are conferred under Section 71 sub section 2 clause e?	The Tribunal may review its decisions.
What powers are conferred under Section 71 sub section 2 clause f?	The Tribunal may dismiss an application for default or decide it ex parte.
What is provided under Section 71 sub section 3?	Proceedings before the Tribunal are deemed judicial proceedings and it is deemed a civil court for specified purposes.
What representation is allowed under Section 71 sub section 4?	The appellant may appear in person or through legal practitioner or authorised officer.
What is provided under Section 71 sub section 5?	The Limitation Act 1963 applies to appeals before the Tribunal unless otherwise provided.
What right of appeal is provided under Section 71 sub section 6?	An appeal lies to the High Court within sixty days on questions of fact or law.
What is provided under the proviso to Section 71 sub section 6?	The High Court may allow filing within a further period not exceeding sixty days if sufficient cause is shown.
What does Section 72 provide under the Food Safety and Standards Act 2006?	Section 72 provides that civil courts shall not have jurisdiction in certain matters.
What bar is created under Section 72?	No civil court shall entertain any suit or proceeding in matters which the Adjudicating Officer or Tribunal is empowered to determine.
What is prohibited under Section 72?	No injunction shall be granted by any court or authority in respect of any action taken or to be taken under this Act.
What does Section 73 provide under the Food Safety and Standards Act 2006?	Section 73 provides for power of court to try cases summarily.
Which offences are triable summarily under Section 73?	All offences not triable by a Special Court shall be tried summarily by a Judicial Magistrate of first class or Metropolitan Magistrate.
Which provisions apply under Section 73?	Sections 262 to 265 of the Code of Criminal Procedure 1973 shall apply as far as may be.
What is the maximum sentence under the first proviso to Section 73?	In summary trial imprisonment shall not exceed one year.
What is provided under the second proviso to Section 73?	If the Magistrate considers that imprisonment exceeding one year may be required or summary trial is undesirable he shall record order and proceed as per regular trial under the Code.
What does Section 74 provide under the Food Safety and Standards Act 2006?	Section 74 provides for Special Courts and Public Prosecutor.
When may Special Courts be constituted under Section 74 sub section 1?	When expedient in public interest for trial of offences relating to grievous injury or death punishable with imprisonment exceeding three years.
Who constitutes Special Courts under Section 74 sub section 1?	The Central Government or the State Government with concurrence of the Chief Justice of the High Court.
What power is given under Section 74 sub section 2?	A Special Court may sit at any place other than its ordinary place of sitting if expedient.
What precedence is given under Section 74 sub section 3?	Trial before Special Court shall have precedence over other cases against the accused in other courts.
Who appoints Public Prosecutor under Section 74 sub section 4?	The Central Government or the State Government shall appoint Public Prosecutor and may appoint Additional or Special Public Prosecutors.
What qualification is required under Section 74 sub section 5?	The person must have at least seven years practice as an Advocate or seven years service requiring special knowledge of law.
What does Section 75 provide under the Food Safety and Standards Act 2006?	Section 75 provides for power to transfer cases to regular courts.
When may a Special Court transfer a case under Section 75?	When after taking cognizance it is of the opinion that the offence is not triable by it.
To whom shall the case be transferred under Section 75?	The case shall be transferred to a court having jurisdiction under the Code of Criminal Procedure 1973.
What is the effect of transfer under Section 75?	The transferee court may proceed with the trial as if it had taken cognizance of the offence.
What does Section 76 provide under the Food Safety and Standards Act 2006?	Section 76 provides for appeal against the decision or order of a Special Court.
Who may file an appeal under Section 76 sub section 1?	Any person aggrieved by a decision or order of a Special Court may file an appeal to the High Court.
What is the limitation period under Section 76 sub section 1?	The appeal shall be filed within forty five days from the date of service of the order.
What condition is imposed under Section 76 sub section 1?	The appellant shall pay prescribed fee and deposit the amount imposed by way of penalty compensation or damage.
What is provided under the proviso to Section 76 sub section 1?	The High Court may entertain appeal after forty five days if sufficient cause is shown.
What is required under Section 76 sub section 2?	The appeal shall be disposed of by a bench of not less than two judges of the High Court.
What does Section 77 provide under the Food Safety and Standards Act 2006?	Section 77 provides for time limit for prosecutions.
What is the limitation period under Section 77?	No court shall take cognizance after one year from the date of commission of the offence.
What is provided under the proviso to Section 77?	The Commissioner of Food Safety may approve prosecution within an extended period up to three years for reasons recorded in writing.
What does Section 78 provide under the Food Safety and Standards Act 2006?	Section 78 provides for power of court to implead importer manufacturer distributor or dealer during trial.
When may the court exercise power under Section 78?	When during trial it is satisfied on evidence that such importer manufacturer distributor or dealer is also concerned with the offence.
Against whom can action be taken under Section 78?	The court may proceed against the importer manufacturer distributor or dealer not originally arraigned as accused.
What is the effect under Section 78?	The court may proceed against such person as though prosecution had been instituted under this Act.
What does Section 79 provide under the Food Safety and Standards Act 2006?	Section 79 provides for Magistrate’s power to impose enhanced punishment.
What is the effect of Section 79 notwithstanding Section 29 of the Code of Criminal Procedure 1973?	A court of ordinary jurisdiction may pass any sentence authorised by this Act.
What is the limitation on the Magistrate’s power under Section 79?	The court cannot pass a sentence of imprisonment exceeding six years beyond its powers under Section 29 of the Code of Criminal Procedure 1973.
What does section 80 deals with?	Defences which may or may not be allowed in prosecution under this Ac
What defence is available in relation to publication of advertisements under Section 80?	It is a defence to prove that the person was carrying on the business of publishing advertisements and published the advertisement in the ordinary course of that business.
When is the defence relating to publication of advertisements not available?	The defence is not available if the person should reasonably have known that the publication was an offence.
When else is the defence not available under Section 80?	If the person had previously been informed in writing by the relevant authority that such publication would constitute an offence.
Is the defence available to a food business operator?	No the defence is not available if the person is the food business operator or engaged in the conduct of the food business for which the advertisement was published.
What is the defence of due diligence under Section 80?	It is a defence to prove that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence.
How can a person satisfy the defence of due diligence?	By proving that the offence was due to an act or default of another person or reliance on information supplied by another person.
What must be shown regarding checks of food to claim due diligence?	The person carried out all reasonable checks in the circumstances or reasonably relied on checks carried out by the supplier.
Is the defence available if the person imported the food?	No the person must prove that he did not import the food from another country.
What must be proved in case of sale of food to claim due diligence?	The person sold the food in the same condition as purchased or any change did not result in contravention of the Act.
What is required regarding knowledge or suspicion?	The person must prove that he did not know and had no reason to suspect that his act or omission would constitute an offence.
Who is not included as another person under the due diligence defence?	Another person does not include an employee or agent of the defendant or in case of a company a director employee or agent of that company.
How may a person further satisfy the due diligence requirements?	By proving compliance with a food safety programme required under regulations.
What is required regarding a scheme in cases other than food safety programme?	The person must prove compliance with a documented scheme designed to manage food safety hazards based on national or international standards codes or guidelines.
Is mistaken but reasonable belief a defence under this Act?	No mistaken but reasonable belief as to facts constituting the offence is not a defence.
What is the defence available under section 56 regarding handling of food?	It is a defence if the person proves that the food was destroyed or disposed of immediately after being handled in a manner likely to render it unsafe.
Is ignorance of nature substance or quality of food a valid defence?	No ignorance of the nature substance or quality of the food sold is not a defence.
Is absence of prejudice to purchaser a defence in sale for analysis?	No it is not a defence that the purchaser was not prejudiced by the sale.

CHAPTER-XI
FINANCE, ACCOUNTS, AUDIT AND REPORTS
What does Section 81 provide under the Food Safety and Standards Act 2006?	Section 81 provides for the budget of the Food Authority.
What is required under Section 81 sub section 1?	The Food Authority shall prepare its budget for the next financial year in the prescribed form and time showing estimated receipts and expenditure and forward it to the Central Government.
Whose approval is required for adopting financial regulations under Section 81 sub section 2?	The prior approval of the Central Government is required.
What do the financial regulations specify under Section 81 sub section 2?	They specify the procedure for drawing up and implementing the Authority’s budget.
What does Section 82 provide under the Food Safety and Standards Act 2006?	Section 82 provides for the finances of the Food Authority.
What is provided under Section 82 sub section 1?	The Central Government may after due appropriation make grants of such sums of money to the Food Authority as it thinks fit.
What is provided under Section 82 sub section 2?	The Food Authority on the recommendation of the Central Advisory Committee shall specify a graded fee to be charged by the Commissioner of Food Safety from licensed food business operators accredited laboratories or food safety auditors.
What does Section 83 provide under the Food Safety and Standards Act 2006?	Section 83 provides for accounts and audit of the Food Authority.
What is required under Section 83 sub section 1?	The Food Authority shall maintain proper accounts and prepare an annual statement of accounts in the prescribed form in consultation with the Comptroller and Auditor General of India.
What powers does the Comptroller and Auditor General have under Section 83 sub section 2?	He has the same rights privileges and authority as in audit of Government accounts including the right to demand production of books accounts vouchers documents and to inspect offices of the Food Authority.
What is to be done with the certified accounts and audit report under Section 83 sub section 3?	They shall be forwarded annually to the Central Government which shall lay the audit report before each House of Parliament.
What does Section 84 of the Food Safety and Standards Act, 2006 provide for?	It mandates preparation and submission of the annual report of the Food Authority and its placement before Parliament
What are the requirements regarding preparation of the annual report under Section 84(1)?	The Food Authority must prepare it once every year in the prescribed form and time, summarising its activities of the previous year, and forward copies to the Central and State Governments
What legislative oversight mechanism is prescribed under Section 84(2)?	The annual report must be laid before each House of Parliament as soon as possible after it is received

CHAPTER-XII
MISCELLANEOUS
What does Section 85 provide under the Food Safety and Standards Act 2006?	Section 85 provides for the power of the Central Government to issue directions to the Food Authority and obtain reports and returns.
What kind of directions may the Central Government issue under Section 85 sub section 1?	The Central Government may issue written directions on questions of policy other than technical and administrative matters.
Is the Food Authority bound by such directions?	Yes the Food Authority shall be bound by such policy directions.
What opportunity must be given before issuing directions?	The Food Authority shall as far as practicable be given an opportunity to express its views before any direction is issued.
Who decides if a matter is a question of policy?	The decision of the Central Government shall be final.
What obligation does the Food Authority have under Section 85 sub section 3?	It shall furnish to the Central Government such returns or other information regarding its activities as required.
What does Section 86 provide under the Food Safety and Standards Act 2006?	Section 86 provides for the power of the Central Government to give directions to State Governments.
What kind of directions may the Central Government issue under Section 86?	The Central Government may give such directions as it deems necessary for carrying out the provisions of this Act.
Is the State Government bound to follow such directions?	Yes the State Government shall comply with such directions.
What does Section 87 provide under the Food Safety and Standards Act 2006?	Section 87 provides that Members and officers of the Food Authority and Commissioners of Food Safety and their officers shall be deemed to be public servants.
When are they deemed to be public servants?	When acting or purporting to act in pursuance of the provisions of this Act.
Under which provision of law are they deemed public servants?	They are deemed public servants within the meaning of section 21 of the Indian Penal Code 1860.
What does Section 88 provide under the Food Safety and Standards Act 2006?	Section 88 provides protection of action taken in good faith.
Against whom is protection granted under Section 88?	Protection is granted to the Central Government State Government Food Authority bodies constituted under this Act and their members officers employees and other officers acting under this Act.
What kind of actions are protected under Section 88?	Any action done or intended to be done in good faith under this Act or the rules or regulations made thereunder.
What is the effect of Section 88?	No suit prosecution or other legal proceeding shall lie for such good faith actions.
What does Section 89 provide under the Food Safety and Standards Act 2006?	Section 89 provides for the overriding effect of this Act over all other food related laws.
What is the effect of Section 89?	The provisions of this Act shall have effect notwithstanding anything inconsistent contained in any other law for the time being in force.
Does Section 89 apply to instruments having effect under other laws?	Yes it also overrides any instrument having effect by virtue of any law other than this Act.
What does Section 90 provide under the Food Safety and Standards Act 2006?	Section 90 provides for transfer of existing employees of Central Government agencies administering food laws to the Food Authority.
What happens to employees of Central Government agencies on establishment of the Food Authority?	They shall hold office in the Food Authority by the same tenure and on the same terms and conditions of service.
Are their service conditions protected?	Yes their remuneration leave provident fund retirement and other terminal benefits remain the same as before.
Can an employee opt not to join the Food Authority?	Yes the employee may opt not to become an employee of the Food Authority within six months from the date of its establishment.
What does Section 91 of the Food Safety and Standards Act, 2006 provide for?	It empowers the Central Government to make rules for carrying out the provisions of the Act
How are rules made by the Central Government under Section 91(1)?	By notification in the Official Gazette
What is the scope of rule-making power under Section 91(2)?	It is illustrative and without prejudice to the general rule-making power under sub-section (1)
What service-related matters may be prescribed under Section 91(2)(a)?	Salary, terms and conditions of service of Chairperson and Members (other than ex officio Members) and the manner of subscribing oath of office and secrecy under Section 7
What qualifications may be prescribed under Section 91(2)(b) and (e)?	Qualifications of Food Safety Officers under Section 37(1) and Food Analysts under Section 45
What procedural aspects relating to investigation and prosecution may be prescribed under Section 91(2)(c), (d) and (f)?	Manner of taking extracts of seized documents under Section 38(8), determination and time-frame for referring cases to appropriate courts under Section 42(4), and procedure for sending samples for analysis under Section 47(1)
What adjudicatory and appellate matters may be prescribed under Section 91(2)(g) to (j)?	Procedure for adjudication under Section 68(1), qualifications and service conditions of Presiding Officer and procedure and powers of Tribunal under Section 70 and 71, and fee for appeal to High Court under Section 76(1)
What financial and reporting matters may be prescribed under Section 91(2)(k) to (m)?	Form and time for preparing budget under Section 81(1), form and statement of accounts under Section 83(1), and form and time for preparing annual report under Section 84(1)
What is covered under the residuary clause of Section 91(2)(n)?	Any other matter required to be prescribed or for which provision is to be made by rules by the Central Government
What does Section 92 of the Food Safety and Standards Act, 2006 provide for?	It empowers the Food Authority to make regulations for carrying out the provisions of the Act subject to statutory safeguards
What procedural safeguards govern regulation-making under Section 92(1)?	Regulations must be consistent with the Act and rules, require previous approval of the Central Government, be made after previous publication, and be notified
What internal administrative matters may be regulated under Section 92(2)(a) to (d) and (f)?	Service conditions of officers under Section 9(3), transaction of business under Section 11(5) and Section 17(1), additional functions of the Central Advisory Committee under Section 12(2), and procedure of Scientific Committee and Panels under Section 15(4)
What substantive food safety standards may be prescribed under Section 92(2)(e) and (h) to (j)?	Standards and guidelines for food under Section 16(2), limits of additives under Section 19, limits of contaminants and toxic substances under Section 20, and tolerance limits of pesticides and veterinary drug residues under Section 21
What regulatory control is provided regarding labelling, guarantees and recall under Section 92(2)(k) to (m)?	Manner of marking and labelling under Section 23, form of guarantee under Section 26(4), and conditions and guidelines for food recall under Section 28(4)
What special urgency power is reflected in Section 92(2)(g)?	Power to make or amend regulations in view of urgency concerning food safety or public health under Section 18(2)(d)
What additional matters may be regulated by the Food Authority under clauses (n) to (v) of Section 92(2) of the Food Safety and Standards Act, 2006?	They include operational, licensing, administrative, laboratory, financial and international coordination matters necessary for effective implementation of the Act
What operational and administrative aspects may be prescribed under Section 92(2)(n), (o) and (p)?	Functioning of Food Safety Officers under Section 29(5), registration and licensing procedure including fees and cancellation under Section 31, and territorial jurisdiction of Designated Officers under Section 36(1)
What procedural and laboratory-related matters may be regulated under Section 92(2)(q), (r) and (s)?	Procedure and fees for food analysis under Section 40, functions and procedure of food laboratories under Section 43(3), and procedure to be followed by officials under Section 47(6)
What financial and international coordination matters are covered under Section 92(2)(t) and (u)?	Financial regulations for preparation of budget under Section 81(2) and issuance of guidelines or directions for participation in Codex meetings and response to Codex matters
What is the scope of the residuary clause under Section 92(2)(v)?	Any other matter required or permitted to be specified by regulations or for which provision is to be made by regulations
What does Section 93 of the Food Safety and Standards Act, 2006 provide for?	It provides for parliamentary control over rules and regulations made under the Act through the laying procedure.
What is the laying requirement under Section 93?	Every rule and regulation must be laid before each House of Parliament for a total period of thirty days, which may be comprised in one or more successive sessions
What power does Parliament exercise over rules and regulations under Section 93?	Both Houses may agree to modify them or agree that they should not be made
What is the effect of parliamentary modification or annulment under Section 93?	The rule or regulation thereafter operates in modified form or ceases to have effect
Does such modification or annulment affect prior actions taken under the rule or regulation?	No, it does not prejudice the validity of anything previously done
What does Section 94 of the Food Safety and Standards Act, 2006 provide for?	It empowers the State Government to make rules for carrying out functions assigned to it and the Commissioner of Food Safety under the Act
What conditions must be satisfied before making rules under Section 94(1)?	Rules must be made after previous publication, with prior approval of the Food Authority, and by notification in the Official Gazette
What is the scope of rule-making power under Section 94(2)?	It is illustrative and without prejudice to the general power under sub-section (1)
What specific matters may be provided for under Section 94(2)(a) and (b)?	Additional functions of the Commissioner of Food Safety under Section 30(2)(f) and earmarking of fund and manner of payment of reward under Section 95
What is covered under the residuary clause of Section 94(2)(c)?	Any other matter required or permitted to be prescribed or for which provision is to be made by rules by the State Government
What legislative control is prescribed under Section 94(3)?	Every rule must be laid before each House of the State Legislature or before the single House in case of a unicameral Legislature
What does Section 95 of the Food Safety and Standards Act, 2006 provide for?	It enables grant of reward for assistance in detection of offences or apprehension of offenders
Who is empowered to order payment of reward under Section 95?	The Commissioner of Food Safety, if so empowered by the State Government
For what purpose may a reward be granted under Section 95?	For assistance rendered in detecting an offence or apprehending an offender
From where and in what manner is the reward paid under Section 95?	From such fund and in such manner as may be prescribed by the State Government
What does Section 96 of the Food Safety and Standards Act, 2006 provide for?	It provides for the mode of recovery of unpaid penalties and consequential suspension of licence
How is an unpaid penalty recovered under Section 96?	As an arrear of land revenue
What is the consequence of non-payment of penalty under Section 96?	The defaulter’s licence shall be suspended until the penalty is paid
What does Section 97 of the Food Safety and Standards Act, 2006 provide for?	It provides for repeal of prior food laws and contains comprehensive saving provisions.
What is repealed under Section 97(1) and from when does the repeal take effect?	The enactments and Orders specified in the Second Schedule stand repealed from the date appointed by the Central Government
What matters are protected by the saving clause under Section 97(1)?	Previous operations, rights and liabilities accrued, penalties incurred, and investigations or proceedings relating to offences under the repealed enactments or Orders
What is the effect of Section 97(2) on corresponding State laws?	Any corresponding State law stands repealed upon commencement of the Act and Section 6 of the General Clauses Act, 1897 applies as if such State law had been repealed
What is the status of licences issued under repealed laws under Section 97(3)?	Existing licences continue in force until expiry as if issued under this Act
What limitation on cognizance is imposed under Section 97(4)?	No court shall take cognizance of offences under the repealed Acts or Orders after three years from the commencement of this Act
What does Section 98 of the Food Safety and Standards Act, 2006 provide for?	It lays down transitory provisions ensuring continuity of existing food standards and related measures after repeal of earlier enactments
What is the status of existing standards and safety requirements under Section 98?	They continue to remain in force until new standards are specified under this Act or the rules and regulations made thereunder
What is the effect of the proviso to Section 98 on actions taken under repealed enactments?	Anything done or action taken under the repealed enactments is deemed to have been done under this Act and continues in force until superseded
Does Section 98 ensure regulatory continuity despite repeal?	Yes, it prevents a vacuum by continuing existing standards and actions until replaced under the new framework.
What does Section 99 of the Food Safety and Standards Act, 2006 provide for?	It deems the Milk and Milk Products Order, 1992 to be regulations made under this Act and empowers amendment thereof.
What is the legal effect of Section 99(1) upon commencement of the Act?	The Milk and Milk Products Order, 1992 issued under the Essential Commodities Act, 1955 is deemed to be the Milk and Milk Products Regulations, 1992 issued by the Food Authority under this Act
What power is conferred upon the Food Authority under Section 99(2)?	It may amend the deemed regulations with prior approval of the Central Government and after previous publication to carry out the purposes of the Act
What does Section 100 of the Food Safety and Standards Act, 2006 provide for?	It provides for consequential amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 upon commencement of this Act.
What is the general substitution effected under clause (a) of Section 100?	References to the Prevention of the Food Adulteration Act, 1954 are substituted with references to the Food Safety and Standards Act, 2006
What substitution is made in Section 12 of the principal Act under clause (b)?	The reference to Food Inspector appointed under the Prevention of Food Adulteration Act is replaced with Food Safety Officer appointed under this Act
What terminology change is effected throughout the principal Act under clause (c)?	The expression “Food Inspector” is substituted with “Food Safety Officer”
What modification is made in Section 21(1) of the principal Act under clause (d)?	The reference is substituted to designate the Designated Officer or the Food Safety Officer directed under Section 42(5) of the Food Safety and Standards Act, 2006
What does Section 101 of the Food Safety and Standards Act, 2006 provide for?	It empowers the Central Government to remove difficulties in giving effect to the Act by issuing orders
Under what condition can the Central Government exercise power under Section 101(1)?	When a difficulty arises in giving effect to the provisions of the Act
What limitation applies to orders made under Section 101(1)?	The order must not be inconsistent with the provisions of the Act
What is the time limit for exercising the power under Section 101?	No order can be made after three years from the date of commencement of the Act
What procedural safeguard is provided under Section 101(2)?	Every order made must be laid before each House of Parliament

Free Judiciary Coaching

Free Judiciary Notes

Free Judiciary Mock Tests

Bare Acts

Similar Options

Useful Pages

Search...