AI Overview...
Food Safety Act Rule - Summary
Key Provisions and Main Points
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Section 3 of the Food Safety and Standards Act, 2006: Establishes the overarching framework for food safety regulation, including definitions, standards, and enforcement mechanisms Parle Biscuits VS Food Safety & Standard Authority of India - Bombay.
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Rule 2.1.3 of the Food Safety and Standards Rules, 2011: Specifies the powers and procedures for Food Safety Officers (FSOs), including their authority to inspect, seize, and take samples of food articles, and to seal premises if necessary Girdharee Ram S/o Shri Kesha Ram VS Rajasthan Public Service Commission, Through Its Secretary - Rajasthan, Nagoorkani VS Commissioner, Tamil Nadu Food Safety & Drug Administration, Chennai - Madras.
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Rule 3.1 of the Food Safety and Standards Rules, 2011: Details the appointment, powers, and functions of Food Safety Officers and other officials, including criteria for appointment and their jurisdiction Bhadra Oil Mills VS Food Safety and Standard Authority of India, New Delhi - Kerala, RAJESH KUMAR YADAV VS STATE OF U. P. - Allahabad.
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Section 36(3)(e): Pertains to the sanctioning of actions by designated officers, including legal processes related to food safety violations Bhadra Oil Mills VS Food Safety and Standard Authority of India, New Delhi - Kerala.
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Section 38 of the Act: Grants FSOs authority to seal premises suspected of violating food safety standards, with procedures for sealing and unsealing Nagoorkani VS Commissioner, Tamil Nadu Food Safety & Drug Administration, Chennai - Madras.
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Section 52: Addresses penalties for selling sub-standard food articles, emphasizing the authority to assess and quantify loss, and impose penalties accordingly Amar Kumar Khabare @ Amar Khabare VS State of Jharkhand - Jharkhand.
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Section 68 and Regulations 2.9.30: Define the jurisdiction of adjudicating officers and the process for adjudication of violations, including the summoning of accused persons and the establishment of Food Safety Appellate Tribunals Itc Limited VS State Of Haryana - Punjab and Haryana.
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Rule 2.4.6: Clarifies procedures for criminal proceedings related to violations of the Act and Rules, including the role of Food Safety Officers in filing affidavits and initiating proceedings Indranath Roy VS State of Maharashtra - Bombay.
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Rule 72 of the Food Safety and Standards Regulations: Addresses specific standards and permissible substances in food, such as the use of certain agents like acids and buffering agents, referencing standards set by the Bureau of Indian Standards Parle Biscuits VS Food Safety & Standard Authority of India - Bombay.
Analysis and Insights
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The Act and Rules collectively provide a comprehensive legal framework empowering Food Safety Officers with inspection, sampling, sealing, and enforcement authority to ensure food safety.
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The provisions emphasize procedural safeguards, such as sanctions, jurisdiction, and appellate processes, to ensure fair enforcement.
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Court discussions highlight the importance of proper appointment and legal authority of officials, as well as the validity of actions like sealing premises and imposing penalties.
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The regulations also establish standards for permissible substances in food, aligning with national standards and international practices.
Conclusion
The Food Safety and Standards Act, 2006, along with its Rules (notably Rules 2.1.3 and 3.1 of 2011), delineates the powers, procedures, and standards for regulating food safety in India. It empowers designated officers to inspect, seize, seal, and penalize violations while ensuring procedural fairness through adjudication and appellate mechanisms. Proper appointment and adherence to procedural norms are critical for the legality of enforcement actions such as sealing premises or imposing penalties.
References:
- Girdharee Ram S/o Shri Kesha Ram VS Rajasthan Public Service Commission, Through Its Secretary - Rajasthan
- Bhadra Oil Mills VS Food Safety and Standard Authority of India, New Delhi - Kerala
- Nagoorkani VS Commissioner, Tamil Nadu Food Safety & Drug Administration, Chennai - Madras
- RAJESH KUMAR YADAV VS STATE OF U. P. - Allahabad
- Amar Kumar Khabare @ Amar Khabare VS State of Jharkhand - Jharkhand
- Itc Limited VS State Of Haryana - Punjab and Haryana
- Indranath Roy VS State of Maharashtra - Bombay
- Parle Biscuits VS Food Safety & Standard Authority of India - Bombay
Search Results for "Food Safety Act Rule"
2023 0 Supreme(Raj) 1169 • India - Rajasthan
PUSHPENDRA SINGH BHATI
Recruitment Advertisement - Food Safety Officer - Food Safety and Standard Act, 2006, Rule 2.1.3 - The court discussed the provisions ... The court analyzed the relevant provisions of the Food Safety and Standard Act, 2006 and the Rules of 2011, along with the amendments ... of Rule 2.1.3 of the Food Safety and Standard Rules, 2011 and its interpretation, as well as the relevant ....
2021 0 Supreme(Ker) 152 • India - Kerala
N. NAGARESH
Food Safety and Standards Act, 2006 - Section 36(3)(e) ;; Food Safety and Standards Rules, 2011- Rule 3.1 ... Safety and Standards Act, 2006 read with Rule 3.1 of Food Safety and Standards Rules, 2011, against the petitioner p align=" ... By Ext.P6 order, the Designated Officer under the Food Safety and Standards Act, 2006 accorded sanction to....
2024 0 Supreme(Mad) 205 • India - Madras
G. R. SWAMINATHAN
discussed the powers of the Food Safety Officer under Section 38 of the Food Safety and Standards Act, the relevant rule allowing ... Food Safety and Standards Act - Sealing of Premises - Section 38, Rule 2.1.3..4(i), Section 91 - The court ... Issues: The main issue was the validity of the sealing of the petitioners' premises under the Food Safety ... Section 38 of the #HL_STAR....
2011 0 Supreme(All) 2735 • India - Allahabad
RAJES KUMAR
Food, Safety and Standards Act, 2006—Section 37(2)—Food, Safety and Standards Rule, 2011—Rule 2.1.3, sub-rule (2)—Appointment—Food ... Safety Officer—Food Inspectors appointed under the provision of Prevention of Food Adulteration Act, 1954—Under Rule a person who ... Chief Food Safety Officer—No such notific....
2021 0 Supreme(Ker) 32 • India - Kerala
S. MANIKUMAR, SHAJI P. CHALY
Constitution of India- Article 162 ;;The Food Safety and Standards Act, 2006;; KS&-Rule 28(b)(i)(12) of ... & Legal) and that he is not duly appointed to the above post in the Commissionerate of Food Safety as per the Food Safety and Standards ... of Joint Food Safety Commissioner (Administration & Legal), questioning his authority for holding the aforesaid post and further ... in the Commissionerate of F....
2019 0 Supreme(Jhk) 235 • India - Jharkhand
SUJIT NARAYAN PRASAD
Food Safety and Standards Act, 2006 – Section 52 – Food Safety and Standard Rules 2011 – Rule 3.1 – Imposition of penalty – Sale ... of sub-standard food articles (Khowa) – Since food article is (Khowa) to be consumed by people, as such authority is supposed to ... assess and quantify loss on the basis of best judgment assessment process because if food article would be consumed or and loss will ... The Food #HL_ST....
• India - Crimes
N.K.PATIL, G.NARENDAR
Food Safety and Standards Act, 2006 — Section 36 — Food Safety and Standards Rules, 2011 — Rule 2.1.2 — Repatriation — Validity of ... — Order deputing petitioners’ services to Food Safety Commissioner itself conditional — Reserved right to withdraw petitioner’s ... , the Food Safety and Standards Act, 2006 was enacted with effect from 24th August, 2006. ... Under the scheme of the Act#H....
2018 0 Supreme(P&H) 4623 • India - Punjab and Haryana
RAKESH KUMAR JAIN
Food Safety Standards - Jurisdiction of Adjudicating Officer - Food Safety and Standards Act, 2006, Section 68, Regulations 2.9.30 ... , Rule 3.1(2) of the Food Safety and Standard Rules, 2011 - The court discussed the jurisdiction of the Adjudicating Officer to summon ... the petitioner under Section 68 of the Act and the establishment of Food Safety Appellate Tribunals. ... Thereafter, the Desig....
2023 0 Supreme(Bom) 2315 • India - Bombay
G. A. SANAP
46(4); Food Safety and Standards Rules, 2011, Rule 2.4.6 - The court discussed the provisions of the Food Safety and Standards Act ... FOOD SAFETY - CRIMINAL PROCEEDINGS - Food Safety and Standards Act, 2006, Sec. 3(1)(zz)(iii), (x), Sec. ... Safety and Standards Act. ... The Food Safety Officer has filed his affidavit-in-repl....
2012 0 Supreme(Bom) 2359 • India - Bombay
R.Y.GANOO, S.J.VAZIFDAR
Food Safety and Standards Act, 2006 - Section 3 - Food Safety and Standards Rules, 2011, Rule 72 - Food Safety and Standards Regulations ... nbsp;The Bureau of Indian Standards is a statutory body constituted under the Bureau of Indian Standards Act ... is used in food as an acidulant, buffering agent, neutralising agent. ... Tulzapurkar also relied upon the provisions of the Prevention of Food Ad....
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