Food
Enforcement Authorities
“Food Safety means assurance that food is acceptable for human
consumption according to its intended use”.
Enforcement Authorities seek
out to help Food Business Operator (FBO), improve their management of food
safety by giving the required guidelines on safe food handling.
Food Safety Enforcement is
a collection of various constraints like FBO, people, other resources,
government authorities for implementation of the FSS Act, 2006 at ground level
to maintain and regulate food safety.
The
concept of food safety enforcement generally implies a combination of two main
keynotes.
1.
Governing Structure of FSSAI
2. Food Enforcement
Authorities
In our last blog, we get
details about the Governing Structure of FSSAI. In Today’s blog, we discuss
about the Food Enforcement Authorities.
Food Enforcement Authorities:
The main goal of food enforcement authorities
to implement The Food Safety and Standard Act, 2006 throughout India. It also
assists FSSAI and state food authority for the actual execution of the FSS Act, Rules, and Regulations to maintain food safety and avoid any contravention.
Food Enforcement Authorities is a 5 Tier Structure. It includes the following
positions and their implications given in specified sections.
1. Commissioner of Food Safety: Section 30
2. Designated Officer: Section 36
3. Food Safety Officer: Section 37
4. Adjudicating Officer: Section 68
5. Food Analyst: Section 45
1. Commissioner
of Food Safety:
•
The State Government shall appoint the Commissioner of Food Safety for the State for efficient
implementation of food safety and standards Act.
•
The Commissioner of Food Safety shall perform all or any
of the following functions:
·
Prohibiting the interest of public health, the
manufacture, storage, distribution or sale of any article of food.
·
Carry out a survey of the industrial units engaged in the
processing of food in the State notified by the Food Authority.
·
Conduct training programs for different segments of
food chain for generating awareness on food safety.
·
Ensure efficient implementation of the standards and
other requirements as specified.
·
Sanction prosecution for offences punishable with imprisonment
under this Act.
2. Designated Officer:
The Commissioner of Food Safety shall, by order, appoint the Designated
Officer, who shall not be below the rank of a Sub-Divisional Officer, to be
in-charge of food safety administration in such area as may be specified by
regulations.
There shall
be a Designated Officer for each district.
The functions to be performed by the Designated Officer shall be as
follows:
a. To issue or cancel the license of food business operators.
b. To prohibit the sale of
any article of food Which is in contravention of the provisions of this Act and
rules.
c. To receive reports and
samples of an article of foods from Food Safety Officer under his jurisdiction and
get them analyzed.
d. Recommendations to the
Commissioner of Food Safety for sanction to launch prosecutions in case of
contraventions punishable with imprisonment.
e. Maintain a record of all
inspections made by Food Safety Officers and action taken by them in the
performance of their duties.
f. To investigate any complaint which may be made in writing against the Food Safety Officer.
3. Food Safety Officer:
The Commissioner of Food Safety shall, by notification, appoint such
persons as he thinks fit, having the qualifications prescribed by the Central
Government, as Food Safety Officers. He
is performing functions assigned to them under this Act.
Here, FSO collects the sample from any FBO or premise which is in
contravention to the act and send them to Food Analyst for analysis purpose.
FSO shall take Four (04) samples for the purpose of analysis.
Duties and
Functions of FSO: (Section 37)
1. The Food Safety Officer may---
a. Take a sample:
·
Of any food or any substance, this appears to him to be
intended for sale, for human consumption. OR
·
Of any article of food or substance which is found by him
in any such premises.
b. Seize any article of food which appears to the FSO to be in contravention
of this Act or the regulations made thereunder.
c. Keep it in the safe custody of the food business
operator such an article of food after taking a sample, and in both cases send the
same for analysis to a Food Analyst for the local area within which such sample
has been taken.
2. The Food Safety Officer may enter and inspect any place where the
article of food is manufactured, or stored for sale.
3. FSO should calculate the cost at the rate at which articles of food
sold to the public.
4. If any article of food seized and is of a perishable nature and is
unfit for human consumption, FSO giving notice in writing to the food business
operator, cause the same to be destroyed.
5. Provisions of the Code of Criminal Procedure. FSO has the power to
enter and inspect any premise as a police officer and execute a search warrant
issued under that code.
6. Any adulterant found in the possession of a manufacturer or
distributor or dealer which is in contravention to the act. Then FSO may seize
the premise and send the sample for analysis to food analyst.
7. To issue a registration for small and petty food business operators in their
capacity as a Registering Authority within the area assigned to him.
8. To make an investigation of any written complaint regarding
contravention of the provisions of the Act or rules governed.
9. To carry out food safety surveillance to identify and address safety
hazards.
10. To maintain a database for all food business within the specified
area.
4. Adjudicating Officer:
•
As per the Section
68 of the FSS Act, the Adjudicating Officer required to be not below the rank of Additional District Magistrate.
Adjudicating Officer is considered a civil court for the purpose of the Act. He will work for
the Tribunal.
•
It has power
to punish for
contempt or obstruction of its proceedings.
•
Functions of
Adjudicating Officer:
1. The Adjudicating Officer shall
have provided a penalty in the following:
•
The amount of gain or
unfair advantage due to the contravention.
•
The amount of loss
caused or likely for any person.
•
The repetitive nature
of contravention.
•
Whether contravention
is knowingly or unknowingly.
2. He may issue directions
to a person found guilty of an offense for taking
corrective action to rectify the mistake or destruction of such articles of
food.
3. May order for cancellation of license, recall of food from the market,
4.
Provide directions
for compensation for victims in case of injury or death of the consumer.
5. Food Analyst:
On receipt of a package
containing a sample for analysis from an FSO or any other person, the Food
Analyst shall compare the seal on the container and the outer cover with
specimen impression received separately and shall note the conditions of the
seal.
The Food Analyst shall
cause to be analyzed such samples of an article of food as may be sent to him. He
may ask for a second sample if the first one found to be broken or unfit for
analysis.
The
Food Analyst shall, within a period of fourteen days (14 D) from the date of
receipt of any sample for analysis, send---
a.
to the Designated
Officer, four copies of the report indicating the method of sampling and
analysis.
b.
a copy of the report
indicating the method of sampling and analysis to the person who had purchased
such an article of food with a copy to the Designated Officer.
Provided that in
case the sample cannot be analyzed within fourteen days of its receipt, the
Food Analyst shall inform the Designated Officer and the Commissioner of Food
Safety giving reasons and specifying the time to be taken for analysis.
An appeal against the report of Food Analyst shall lie before the Designated Officer who shall, if he so decides, refer the matter to the referral food laboratory as notified by the Food Authority for opinion.
Reference Video:
To clarify any further
doubts link is given for reference video.
