Chapter XII
MISCELLANEOUS
85. Power of Central Government to issue directions to Food Authority and obtain reports and returns.
85. Power of Central Government to issue directions to Food Authority and obtain reports and returns.—(1) Without prejudice to the foregoing provisions of this Act, the Food Authority shall, in exercise of its powers and in performance of its functions under this Act, be bound by such directions as questions of policy, other than those relating to technical and administrative matters, as the Central Government may give in writing to it from time to time:
Provided that the Food Authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.
(2) If any dispute arises between the Central Government and the Food Authority as to whether a question is or is not a question of policy, the decision of the Central Government thereon shall be final.
(3) The Food Authority shall furnish to the Central Government such returns or other information with respect to its activities as the Central Government may, from time to time, require.
86. Power of Central Government to give directions to State Governments.
86. Power of Central Government to give directions to State Governments.—The Central Government may give such directions, as it may deem necessary, to a State Government for carrying out all or any of the provisions of this Act and the State Government shall comply with such directions.
87. Members, officers of Food Authority and Commissioner of Food Safety to be public servants.
87. Members, officers of Food Authority and Commissioner of Food Safety to be public servants.—The Members, officers of the Food Authority and the Commissioners of Food Safety and their officers shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of Section 21 of the Indian Penal Code (45 of 1860).
88. Protection of action taken in good faith.
88. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall lie against the Central Government, the State Government, the Food Authority and other bodies constituted under this Act or any officer of the Central Government, the State Government or any member, officer or other employee of such Authority and bodies or any other officer acting under this Act for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
89. Overriding effect of this Act over all other food related laws.
89. Overriding effect of this Act over all other food related laws.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect of virtue of any law other than this Act.
90. Transfer of existing employees of Central Government Agencies governing various food related Acts or Orders to Food Authority.
90. Transfer of existing employees of Central Government Agencies governing various food related Acts or Orders to Food Authority.—On and from the date of establishment of the Food Authority, every employee holding office under the Central Government Agencies administering food laws immediately before that date shall hold his office in the Food Authority by the same tenure and upon the same terms and conditions of services including remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if the Food Authority had not been established and shall continue to do so as an employee of the Food Authority or until the expiry of the period of six months from that date if such employee opts not to be the employee of the Food Authority.
91. Power of Central Government to make rules.
91. Power of Central Government to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) salary, terms and conditions of service of Chairperson and Members other than ex officio Members under sub-section (2) and the manner of subscribing to an oath of office and secrecy under sub-section (3) of Section 7;
(b) qualifications of Food Safety Officer under sub-section (1) of Section 37;
(c) the manner of taking the extract of documents seized under sub-clause (8) of Section 38;
(d) determination of cases for referring to appropriate courts and time-frame for such determination under sub-section (4) of Section 42;
(e) qualifications of Food Analysts under Section 45;
(f) the manner of sending sample for analysis and details of the procedure to be followed in this regard under sub-section (1) of Section 47;
(g) the procedure to be followed in adjudication of cases under sub-section (1) of Section 68;
(h) qualifications, terms of office, resignation and removal of Presiding Officer under sub-section (4), the procedure of appeal and powers of Tribunal under sub-section (5) of Section 70;
(i) any other matter relating to procedure and powers of Tribunal under clause (g) of sub-section (2) of Section 71;
(j) the fee to be paid for preferring an appeal to the High Court under sub-section (1) of Section 76;
(k) form and time of preparing budget under sub-section (1) of Section 81;
(l) form and statement of accounts under sub-section (1) of Section 83;
(m) the form and time for preparing annual report by Food Authority under sub-section (1) of Section 84; and
(n) any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules by the Central Government.
92. Power of Food Authority to make regulations.
92. Power of Food Authority to make regulations.—(1) The Food Authority may, with the previous approval of the Central Government and after previous publication, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
(a) salaries and other conditions of service of officers and other employees of the Food Authority under sub-section (3) of Section 9;
(b) rules of procedure for transaction of business under sub-section (5) of Section 11;
(c) other functions of the Central Advisory Committee under sub-section (2) of Section 12;
(d) procedure of Scientific Committee and Panels under sub-section (4) of Section 15;
(e) notifying standards and guidelines in relation to articles of food meant for human consumption under sub-section (2) of Section 16;
(f) procedure to be followed by Food Authority for transaction of business at its meetings under sub-section (1) of Section 17;
(g) making or amending regulations in view of urgency concerning food safety or public health under clause (d) of sub-section (2) of Section 18.
(h) limits of additives under Section 19;
(i) limits of quantities of contaminants, toxic substance and heavy metals, etc., under Section 20;
(j) tolerance limit of pesticides, veterinary drugs residues, etc., under Section 21;
(k) the manner of marking and labelling of foods under Section 23;
(l) form in which guarantee shall be given under sub-section (4) of Section 26;
(m) conditions and guidelines relating to food recall procedures under sub-section (4) of Section 28;
(n) regulations relating to functioning of Food Safety Officer under sub-section (5) of Section 29;
(o) notifying the registering authority and the manner of registration; the manner of making application for obtaining licence, the fees payable therefor and the circumstances under which such licence may be cancelled or forfeited under Section 31;
(p) the respective areas of which the Designated Officer shall be in-charge for food safety administration under sub-section (1) of Section 36;
(q) procedure in getting food analysed, details of fees, etc., under sub-section(1) of Section 40;
(r) functions, procedure to be followed by food laboratories under sub-section(3) of Section 43;
(s) procedure to be followed by officials under sub-section (6) of Section 47;
(t) financial regulations to be adopted by the Food Authority in drawing up its budget under sub-section (2) of Section 81;
(u) issue guidelines or directions for participation in Codex Meetings and preparation of response to Codex matters; and
(v) any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be made by regulations.
93. Laying of rules and regulations before Parliament.
93. Laying of rules and regulations before Parliament.—Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
94. Power of State Government to make rules.
94. Power of State Government to make rules.—(1) Subject to the powers of the Central Government and the Food Authority to make rules and regulations respectively, the State Government may, after previous publication and with the previous approval of the Food Authority, by notification in the Official Gazette, make rules to carry out the functions and duties assigned to the State Government and the State Commissioner of Food Safety under this Act and the rules and regulations made thereunder.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) other functions of the Commissioner of Food Safety under clause (f) of sub-section (2) of Section 30;
(b) earmarking a fund and the manner in which reward shall be paid to a person rendering assistance in detection of offence or apprehension of offender under Section 95; and
(c) any other matter which is required to be, or may be prescribed or in respect of which provision is to be made by rules by the State Government.
(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses or where such State Legislature consists of one House, before that House.
95. Reward by State Government.
95. Reward by State Government.—The State Government may empower the Commissioner of Food Safety to order payment of reward to be paid to a person who renders assistance in the detection of the offence or the apprehension of the offender, from such fund and in such manner as may be prescribed by the State Government.
96. Recovery of penalty.
96. Recovery of penalty.—A penalty imposed under this Act, if it is not paid, shall be recovered as an arrear of land revenue and the defaulters licence shall be suspended till the penalty is paid.
97. Repeal and savings.
97. Repeal and savings.—(1) With effect from such date as the Central Government may appoint in this behalf, the enactment and orders specified in the Second Schedule shall stand repealed:
Provided that such repeal shall not affect:—
(i) the previous operations of the enactment and orders under repeal or anything duly done or suffered thereunder; or
(ii) any right, privilege, obligation or liability acquired, accrued or incurred under any of the enactment or orders under repeal; or
(iii) any penalty, forfeiture or punishment incurred in respect of any offences committed against the enactment and orders under repeal; or
(iv) any investigation or remedy in respect of any such penalty, forfeiture or punishment,
and any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed:
(2) If there is any other law for the time being in force in any State, corresponding to this Act, the same shall upon the commencement of this Act, stand repealed and in such case, the provisions of Section 6 of the General Clauses Act, 1897 (10 of 1897) shall apply as if such provisions of the State law had been repealed.
(3) Notwithstanding the repeal of the aforesaid enactment and orders, the licences issued under any such enactment or order, which are in force on the date of commencement of this Act, shall continue to be in force till the date of their expiry for all purposes, as if they had been issued under the provisions of this Act or the rules or regulations made thereunder.
(4) Notwithstanding anything contained in any other law for the time being in force, no court shall take cognizance of an offence under the repealed Act or orders after the expiry of a period of three years from the date of the commencement of this Act.
98. Transitory provisions for food standards.
98. Transitory provisions for food standards.—Notwithstanding the repeal of the enactment and orders specified in the Second Schedule, the standards, safety requirements and other provisions of the Act and the rules and regulations made thereunder and orders listed in that Schedule shall continue to be in force and operate till new standards are specified under this Act or rules and regulations made thereunder:
Provided that anything done or any action taken under the enactment and orders under repeal shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force accordingly unless and until superseded by anything done or by any action taken under this Act.
99. Milk and Milk Products Order, 1992 shall be deemed to be regulations made under this Act.
99. Milk and Milk Products Order, 1992 shall be deemed to be regulations made under this Act.—(1) On and from the date of commencement of this Act, the Milk and Milk Products Order, 1992 issued under the Essential Commodities Act, 1955 (10 of 1955) shall be deemed to be the Milk and Milk Products Regulations, 1992 issued by the Food Authority under this Act.
(2) The Food Authority may, with the previous approval of the Central Government and after previous publication, by notification, amend the regulations specified in sub-section (1) to carry out the purposes of this Act.
100. Amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.
100. Amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.—As from the notified day, the provisions of the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 (41 of 1992) (herein referred to as the principal Act) shall apply subject to the following amendments, namely:—
(a) throughout the principal Act, any reference to “the Prevention of the Food Adulteration Act, 1954 (37 of 1954)” shall be substituted by reference to “the Food Safety and Standards Act, 2006”;
(b) in Section 12 of the principal Act, the reference to “any Food Inspector appointed under Section 9 of the Prevention of the Food Adulteration Act, 1954 (37 of 1954)” shall be substituted by reference to “any Food Safety Officer appointed under the Food Safety and Standards Act, 2006”;
(c) throughout the principal Act, any reference to “Food Inspector” shall be substituted by the expression “the Food Safety Officer”; and
(d) in Section 21 of the principal Act, in sub-section (1), the reference to clause (a) shall be substituted by the following, namely:—
“(a) the Designated Officer or the Food Safety Officer directed under sub-section (5) of Section 42 of the Food Safety and Standards Act, 2006; or”.
101. Power to remove difficulties.
101. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary, for removing the difficulty:
Provided that no order shall be made under this section after the expiry of the period of three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
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