MINISTRY OF HEALTH AND FAMILY WELFARE
(Department Of Health and Family Welfare)
New Delhi, dated the 5 May, 2011
G.S.R.362(E) Whereas Central Government proposes to make draft Food Safety and Standards Rules, 2011, in exercise of the powers conferred by section 91 of Food Safety and Standards Act, 2006 (34 of 2006), read with the sections 5,7,30,36,37,38,39,40,41,43,45,46,47,68,70,71,73,74,75,76,77,78,81,82,83 and 84 which have been notified by the Government of India vide SO 1855 (E) dated 29th July, 2010, and
Whereas these draft rules have been pubished at 1 to 68 in the Gazette of India Extraordinary Part II – Sec. 3 (i) dated 19th January, 2011 under the notification of Government of India in the Ministry of Health and Family Welfare no G.S.R 39 (E) dated the 19th January, 2011 inviting objections and suggestions from all persons likely to be affected thereby before the expiry of period of thirty days from the date on which the copies of the said Gazette containing the said notification were made available to the public;
And whereas the copies of the Gazette were made available to the public on the 20th January, 2011.
And whereas objections and suggestions received from the public within the specified period on the said draft Rules have been considered by the Central Government.
Now therefore, in exercise of the power conferred by section 91 of the said Act, the Central Government hereby makes the following Rules namely:—
Food Safety and Standards Rules, 2011
1.1: Title and commencement
1.1.1: These rules may be called the Food Safety and Standards Rules, 2011.
1.1.2: They shall come into force after three months from the date of their publication in the official Gazette.
1.2.1: In these rules, unless the context otherwise requires,
- “Act” means the Food Safety and Standards Act, 2006 (Act 34 of 2006) ;
- “Adjudicating Officer” means the Adjudicating Officer appointed under sub-section (1) of section 68 of the Act.
- “Advocate” means a person who is entitled to practice the profession of law under the Advocates Act, 1961 (25 of 1961)
- “Appellate Tribunal” means the Food Safety Appellate Tribunal constituted under section 70 of the Act.
- “Authorised Officer” means an officer authorized by the Food Authority referred in the sub-section (5) of section 47 of the Act.
- “Inquiry” means the inquiry referred to in section 68.
- “Licensing Authority” means the Designated Officer appointed under section 36 of the Act for the local area and includes any other officer so appointed for the purpose of granting license by the Commissioner of Food Safety
- “Notified laboratory” means any of the laboratories notified by the Food Authority under sub-sections (1) and (2) of section 43 of the Act.
- “Presiding Officer” means a person appointed as Presiding Officer of the Appellate Tribunal under section 70 of the Act.
- “Referral laboratory” means any of the laboratories established and/or recognized by the Food Authority by notification under sub section (2) of section 43 of the Act.
- “Registrar” means the Registrar of the Appellate Tribunal and includes an officer of such Appellate Tribunal who is authorized by the Presiding Officer to function as Registrar
- “Registry” means the registry of the Appellate Tribunal
- “Rules” means the Food Safety and Standards Rules, 2011.
ENFORCEMENT STRUCTURE AND PROCEDURES
ADJUDICATION AND APPEAL TO TRIBUNAL
FORM III FORM OF ORDER OF SEIZURE
FORM V A FORM OF NOTICE To THE Food Business Operator
FORM V B (form of notice to be given by purchaser)
FORM VI MEMORANDUM TO FOOD ANALYST
FORM VII A REPORT OF THE FOOD ANALYST
FORM VIII FORM OF APPEAL BEFORE THE DESIGNATED OFFICER
FORM NO. IX NOMINATION OF PERSONS BY A COMPANY
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