Through a letter issued on 17 July, 2018, to the Commissioners of Food Safety in all the States and Union Territories, the FSSAI has clarified what process food safety authorities must follow if they perceive a need for rectifying minor labelling defects on food products.
FSSAI has issued the letter because it has come to its notice that the food safety authorities in some states have initiated adjudication proceedings against some FBOs for insignificant labelling defects. Such labelling defects can easily be rectified by following the process as has been given under Scheme 32 of the Food Safety and Standards Act, 2006.
The FSSAI letter also states that resorting to adjudication proceedings in such cases, which are of insignificant nature, causes harassment to the FBOs and wastes the scare resources of the enforcement machinery in the states and UTs. Such resources could be utilised more meaningfully, for instance, in ensuring safe and nutritious food to the citizens.
The FSSAI has advised the State and UT enforcement agencies to take action under Section 32 of the FSS Act in cases of minor labelling defects that do not jeopardise food safety. Scheme 32 deals with ‘Improvement Notices’ which is as follows
Improvement Notices Scheme states that
- If the Designated Officer (DO) has reasonable ground for believing that any food business operator has failed to comply with any regulations to which this section applies, then an Improvement Notice may be served on that food business operator. The Improvement Notice must
- state the grounds for believing that the food business operator has failed to comply with the regulations
- specify the matters which constitute the food business operator’s failure so to comply
- specify the measures which, in the opinion of the said Authority, the food business operator must take, in order to secure compliance
- require the food business operator to take those measures, or measures which are at least equivalent to them, within a reasonable period (not being less than fourteen days) as may be specified in the notice
- If the food business operator fails to comply with an improvement notice, his licence may be suspended.
- If the food business operator still fails to comply with the improvement notice, the DO may, after giving the licensee an opportunity to show cause, cancel the licence granted to him: Provided that the Designated Officer may suspend any licence forthwith in the interest of public health for reasons to be recorded in writing.
Any person who is aggrieved by
- an improvement notice
- refusal to issue a certificate as to improvement
- cancellation or suspension or revocation of licence under this Act, may appeal to the Commissioner of Food Safety whose decision thereon, shall be final
The period within which such an appeal may be brought shall be
- fifteen days from the date on which notice of the decision was served on the person desiring to appeal
- in the case of an appeal under (sub-section 1 above) the said period or the period specified in the improvement notice, whichever expires earlier
Explanation – For the purpose of this sub-section, the making of the complaint shall be deemed to be the bringing of the appeal.
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