www.crackgradeb.

com

FOOD SAFETY AND STANDARDS ACT, 2006

for FSSAI Exam – Part 2

Subscribe the best study materials for FSSAI Technical Officer and
Central Food Safety Officer and useful for both CBT and
subjective written exam at Rs. 1499 only.

Register at www.crackgradeb.com and subscribe.

 www.crackgradeb.com
CHAPTER VIII: ANALYSIS OF FOOD
Section:43:Recognition and accreditation of laboratories, research institutions and referral food laboratory
The Food Authority may notify food laboratories and research institutions accredited by National Accreditation Board
for Testing and Calibration Laboratories or any other accreditation agency for the purposes of carrying out analysis of
samples by the Food Analysts under this Act.

The Food Authority shall, establish or recognize one or more referral food laboratory or laboratories.

The Food Authority may frame regulations specifying :

(a) The functions of food laboratory and referral food laboratory and the local area or areas.
(b) The procedure for submission of samples of articles of food for analysis or tests.

Section:44: Recognition of organization or agency for food safety audit: The Food Authority may recognize any
organization or agency for the purposes of food safety audit and checking compliance with food safety management
systems required under this Act or the rules and regulations.

Section:45: Food Analysts: The Commissioner of Food Safety may appoint such persons as he thinks fit, having the
qualifications prescribed by the Central Government, to be Food Analysts for such local areas as may be assigned to
them by the Commissioner of Food Safety. Provided that no person, who has any financial interest in the manufacture
or sale of any article of food shall be appointed to be a Food Analyst.

Food Analysts may be appointed for different articles of food.

 www.crackgradeb.com
Section:46: Functions of Food Analyst:
On receipt of a package containing a sample for analysis from a Food Safety Officer or any other person, the Food
Analyst shall compare the seal on the container and the outer cover with specimen impression received separately.

Provided that in case a sample container received by the Food Analyst is found to be in broken condition or unfit for
analysis, he shall inform the Designated Officer about the same and send requisition to him for sending second part of
the sample within a period of seven days from the date of receipt of such sample.

The Food Analyst shall analyse such samples of article of food as may be sent to him by Food Safety Officer or by any
other person authorised under this Act.

The Food Analyst shall send the four copies of the report to the Designated Officer indicating the method of sampling
and analysis of received sample from Designated officer within a period of fourteen days from the date of receipt of any
sample for analysis.

The Food Analyst shall send copy of the report indicating the method of sampling and analysis to the person who had
purchased such article of food with a copy to the Designated Officer within a period of fourteen days from the date of
receipt of any sample for analysis.

Provided that in case the sample cannot be analysed 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 may refer the matter to the
referral food laboratory as notified by the Food Authority for opinion.
 www.crackgradeb.com
Section:47: Sampling and analysis:
1. When a Food Safety Officer takes a sample of food for analysis, he shall give notice in writing of his intention to
analyze the sample to the person from whom the sample has been taken.

When a Food Safety Officer takes a sample of food for analysis, he shall divide the sample into four parts and mark and
seal or fasten up each part except in special cases under this Act and take the signature or thumb impression of the
person from whom the sample has been taken. If such person refuses to sign or put his thumb impression, the Food
Safety Officer shall call upon one or more witnesses and take his signature or thumb impression.
Then Food Safety Officer shall:
I. send one of the parts for analysis to the Food Analyst under intimation to the Designated Officer;
II. send two parts to the Designated Officer for keeping these in safe custody; and
III. send the remaining part for analysis to an accredited laboratory, if requested by the food business operator, under
intimation to the Designated Officer.

if the test reports received under sub clauses (i) and (iii) are found to be at variance, then the Designated Officer shall
send one part of the sample kept in his custody, to referral laboratory for analysis, whose decision thereon shall be
final.

2. When a sample of any article of food or adulterant is taken, the Food Safety Officer shall, by the immediate
succeeding working day, send the sample to the Food Analyst for the area concerned for analysis and report.

3. If the part of the sample sent to the Food Analyst is lost or damaged, the Designated Officer shall dispatch one of the
parts of the sample sent to him to the Food Analyst for analysis , on a requisition made to him, by the Food Analyst or
the Food Safety Officer.
 www.crackgradeb.com
Section:47: Sampling and analysis:
4. An article of food or adulterant seized, unless destroyed, shall be produced before the Designated Officer as soon as
possible and in any case not later than seven days after the receipt of the report of the Food Analyst.

5. In case of imported articles of food, the authorised officer of the Food Authority shall take its sample and send to the
Food Analyst of notified laboratory for analysis who shall send the report within a period of five days to the authorised
officer.

6. The Designated Officer, the Food Safety Officer, the authorised officer and the Food Analyst shall follow such
procedure as may be specified by regulations.

CHAPTER IX: OFFENCES AND PENALTIES:

Section:48. General provisions relating to offences:

1. A person may render any article of food injurious to health by means of one or more of the following
operations, namely:-
(a) adding any article or substance to the food;
(b) using any article or substance as an ingredient in the preparation of the food;
(c) abstracting any constituents from the food; or
(d) subjecting the food to any other process or treatment, with the knowledge that it may be sold or
offered for sale or distributed for human consumption.
 www.crackgradeb.com
Section:48. General provisions relating to offences:
2. In determining whether any food is unsafe or injurious to health, the following points shall be considered:
• the normal conditions of use of the food by the consumer and its handling at each stage of production, processing
and distribution.

• the information provided to the consumer, including information on the label, or other information generally
available to the consumer concerning the avoidance of specific adverse health effects from a particular food or
category of foods not only to the probable, immediate or short-term or long-term effects of that food on the
health of a person consuming it, but also on subsequent generations;

• probable cumulative toxic effects;

• the particular health sensitivities of a specific category of consumers where the food is intended for that category
of consumers;

• the probable cumulative effect of food of substantially the same composition on the health of a person consuming
it in ordinary quantities.

Where the quality or purity of the article, being primary food, has fallen below the specified standard or its
constituents are present in quantities not within the specified limits of variability, in either case, solely due to natural
causes and beyond the control of human agency, then such article shall not be deemed to be unsafe or sub-standard
or food containing extraneous matter.
For the purposes of this section, “injury”, includes any impairment, whether permanent or temporary, and “Injurious to
health” shall be interpreted accordingly.
 www.crackgradeb.com
Section:49. General provisions relating to Penalty:
While adjudging the quantum of penalty under this Chapter, the Adjudicating Officer or the Tribunal, as the case may
be, shall consider the following:
(a) The amount of gain or unfair advantage, wherever quantifiable, made as a result of the contravention/violation,
(b) The Amount of loss caused or likely to cause to any person as a result of the contravention/violation,
(c) The repetitive nature of the contravention/violation,
(d) Whether the contravention/violation is without his knowledge, and any other relevant factor.

Section: 50: Penalty for selling food not of the nature or substance or quality demanded: Any person
who sells to the purchaser’s prejudice any food which is not in compliance with the provisions of this Act or the
regulations made thereunder, or of the nature or substance or quality demanded by the purchaser, shall be liable to a
penalty not exceeding five lakh rupees.

In case of a petty manufacturer who himself manufactures or sells any article of food or a petty retailer, hawker,
itinerant vendor or a temporary stall holder or small scale or cottage or such other industries relating to food business
or tiny food business operator, a penalty not exceeding twenty five thousand rupees.

Section: 51: Penalty for sub-standard food: Any person who whether by himself or by any other person on his
behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption
which is sub-standard, shall be liable to a penalty which may extend to five lakh rupees.

Section: 52: Penalty for misbranded food: Any person or store who sells misbranded food shall be liable to a penalty
which may extend to three lakh rupees. The Adjudicating Officer may issue a direction to the person found guilty of an
offence under this section, for taking corrective action to rectify the mistake or such article of food shall be destroyed.
 www.crackgradeb.com
Section: 53: Penalty for misleading advertisement: Any person who publishes, or is a party to the publication of
an advertisement, which falsely describes any food; or is likely to mislead as to the nature or substance or
quality of any food or gives false guarantee, shall be liable to a penalty which may extend to ten lakh rupees.

Section: 54. Penalty for food containing extraneous matter: Any person whether by himself or by any other
person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for
human consumption containing extraneous matter, shall be liable to a penalty which may extend to one lakh
rupees.

Section: 55. Penalty for failure to comply with the directions of Food Safety Officer: If a food business operator
or importer without reasonable ground, fails to comply with the requirements of this Act or the rules or
regulations or orders issued thereunder, as directed by the Food Safety Officer, he shall be liable to a penalty
which may extend to two lakh rupees.

Section: 56. Penalty for unhygienic or unsanitary processing or manufacturing of food: Any person who,
whether by himself or by any other person on his behalf, manufactures or processes any article of food for
human consumption under unhygienic or unsanitary conditions, shall be liable to a penalty which may extend
to one lakh rupees.

Section:57. Penalty for possessing adulterant: Subject to the provisions of this chapter, if any person who
whether by himself or by any other person on his behalf, imports or manufactures for sale, or stores, sells or
distribute any adulterant shall be liable where such adulterant is not injurious to health, to a penalty not
exceeding two lakh rupees; if such adulterant is injurious to health then a penalty not exceeding ten lakh
rupees.
 www.crackgradeb.com
Section:58: Penalty for contraventions for which no specific penalty is provided: Whoever contravenes any
provisions of this Act or the rules or regulations made thereunder, for the contravention of which no penalty
has been separately provided in this Chapter, shall be liable to a penalty which may extend to two lakh rupees.

Section:59: Punishment for unsafe food: Any person who, whether by himself or by any other person on his
behalf, manufactures for sale or stores or sells or distributes or imports any article of food for human
consumption which is unsafe, shall be punishable,–
(i) where such failure or contravention does not result in injury, with imprisonment for a term which may
extend to six months and also with fine which may extend to one lakh rupees;
(ii) where such failure or contravention results in a non-grievous injury, with imprisonment for a term which
may extend to one year and also with fine which may extend to three lakh rupees;
(iii) where such failure or contravention results in a grievous injury, with imprisonment for a term which may
extend to six years and also with fine which may extend to five lakh rupees;
(iv) where such failure or contravention results in death, with imprisonment for a term which shall not be less
than seven years but which may extend to imprisonment for life and also with fine which shall not be less than
ten lakh Rupees.

Section:60: Punishment for interfering with seized items: If a person without the permission of the Food Safety
Officer, retains, removes or tampers with any food, vehicle, equipment, package or labeling or advertising
material or other thing that has been seized under this Act, he shall be punishable with imprisonment for a
term which may extend to six months and also with fine which may extend to two lakh rupees.
 www.crackgradeb.com
Section: 61: Punishment for false information: If a person, in connection with a requirement or direction under this
Act, provides any information or produces any document that the person knows is false or misleading, he shall be
punishable with imprisonment for a term which may extend to three months and also with fine which may extend to
two lakh rupees.

Section: 62: Punishment for obstructing or impersonating a Food Safety Officer: If a person without reasonable
excuse, resists, obstructs, or attempts to obstruct, impersonate, threaten, intimidate or assault a Food Safety Officer in
exercising his functions under this Act, he shall be punishable with imprisonment for a term which may extend to
three months and also with fine which may extend to one lakh rupees.

Section: 63. Punishment for carrying out a business without licence: If any person manufacturers, sells, stores or
distributes or imports any article of food without licence, shall be punishable with imprisonment for a term which may
extend to six months and also with a fine which may extend to five lakh rupees.

Section: 64. Punishment for subsequent offences: If any person, after having been previously convicted of an offence
punishable under this Act subsequently commits and is convicted of the same offence, he shall be liable to—
(i) twice the punishment, which might have been imposed on a first conviction, subject to the punishment being
maximum provided for the same offence;
(ii) a further fine on daily basis which may extend up to one lakh rupees, where the offence is a continuing one; and
(iii) his licence shall be cancelled

The Court may also cause the offender’s name and place of residence, the offence and the penalty imposed to be
published at the offender’s expense in such newspapers or in such other manner as the court may direct and the
expenses of such publication shall be recoverable in the same manner as a fine.
 www.crackgradeb.com
Section: 65: Compensation in case injury of death of consumer: If any person whether by himself or by any other
person on his behalf, manufactures or distributes or sells or imports any article of food causing injury to the consumer
or his death. Adjudicating Officer or the court can direct to pay compensation to the victim or the legal representative
of the victim, a sum—
(a) not less than five lakh rupees in case of death;
(b) not exceeding three lakh rupees in case of grievous injury;
and
(c) not exceeding one lakh rupees, in all other cases of injury:

Provided that the compensation shall be paid at the earliest and not later than six months from the date of
occurrence of the incident:

Provided further that in case of death, an interim relief shall be paid to the next of the kin within thirty days of the
incident.

The Adjudicating Officer or the court may also,

(a) order for cancellation of licence, re-call of food from market, forfeiture of establishment and property in case of
grievous injury or death of consumer;
(b) issue prohibition orders in other cases.

The Court may also cause the offender’s name and place of residence, the offence and the penalty imposed to be
published at the offender’s expense in such newspapers or in such other manner as the court may direct and the
expenses of such publication shall be recoverable in the same manner as a fine.
 www.crackgradeb.com
Section: 66: Offences by companies: Where an offence under this Act which has been committed by a company, every
person who at the time the offence was committed was in charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall
be liable to be proceeded against and punished accordingly:

Where a company has different establishments or branches or different units in any establishment or branch, the
concerned Head or the person in-charge of such establishment, branch, unit nominated by the company as responsible
for food safety shall be liable for contravention in respect of such establishment.

Where an offence under this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager,
secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Section: 67: Penalty for contravention of provisions of this Act in case of import of articles of food to be in addition to
penalties provided under any other Act :
Any person who imports any article of food which is in contravention of the provisions of this Act, rules and regulations
made thereunder, shall, in addition to any penalty to which he may be liable under the provisions of the Foreign Trade
(Development and Regulation) Act, 1992 (22 of 1992) and the Customs Act, 1962 (52 of 1962) be also liable under this
Act and shall be proceeded against accordingly.

Any such article of food shall be destroyed or returned to the importer, if permitted by the competent authority under
the provisions of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) and the Customs Act, 1962
(52 of 1962) be also liable under this Act and shall be proceeded against accordingly.
 www.crackgradeb.com
CHAPTER X: ADJUDICATION AND FOOD SAFETY APPELLATE TRIBUNAL:
68:Adjudication: An officer not below the rank of Additional District Magistrate of the district where the alleged
offence is committed, shall be notified by the State Government as the Adjudicating Officer for adjudication in the
manner as may be prescribed by the Central Government.

The Adjudicating Officer shall, after giving the person a reasonable opportunity for making representation in the matter,
Adjudicating Officer may impose penalty as per the act if he founds any contravention of the act by the person.

The Adjudicating Officer shall have the powers of a civil court and all proceedings before him shall be deemed to be
judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860); and shall be
deemed to be a court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973.

while adjudicating the quantum of penalty under this Chapter, the Adjudicating Officer shall consider the guidelines
specified in section 49.

69. Power to compound offences: The Commissioner of Food Safety may empower the Designated Officer, to accept
payment of a sum of money by way of composition of the offence from petty manufacturers who himself
manufacture and sell any article of food, retailers, hawkers, itinerant vendors, temporary stall holders who has
committed an offence or contravention against this Act.
On the payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged and no
further proceedings in respect of the offence shall be taken against such person.

Provided that composition shall not be more than one lakh rupees and no offence, for which punishment of
imprisonment has been prescribed under this Act, shall be compounded.
 www.crackgradeb.com
70. Establishment of Food Safety Appellate Tribunal:
The Central Government or as the case may be, the State Government may establish one or
more tribunals to be known as the Food Safety Appellate Tribunal to hear appeals from the
decisions of the Adjudicating Officer under section 68.

The Central Government or the State Government shall prescribe, the matters and areas in
relation to which the Tribunal may exercise jurisdiction.

The Tribunal shall consist of one person only as the Presiding Officer of the Tribunal, to be
appointed by the Central Government or the State Government: Provided that no person
shall be qualified for appointment as a Presiding Officer to the Tribunal unless he is or has
been a District Judge.

The qualifications, appointment, term of office, salary and allowances, resignation and
removal of the Presiding Officer shall be such as may be prescribed by the Central
Government.

The procedure of appeal and powers of the Tribunal shall be such as may be prescribed by
the Central Government.
 www.crackgradeb.com
71. Procedure and powers of the Tribunal:
The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 but shall be guided
by the principles of natural justice and, subject to the other provisions of this Act and the rules, the Tribunal shall
have powers to regulate its own procedure including the place at which it shall have its sittings.

The Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while
trying a suit, in respect of the following matters, namely:
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents or other electronic records;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) reviewing its decisions;
(f) dismissing an application for default or deciding it ex parte;
(g) any other matter which may be prescribed by the Central Government

Every proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193
and 228, and for the purposes of section 196 of the Indian Penal Code (45 of 1860).

The appellant may either appear in person or authorise one or more legal practitioners or any of its officers to
represent his case before the Tribunal.

Any person aggrieved by any decision or order of the Tribunal may file an appeal to the High Court within sixty days
from the date of communication of the decision or order of the Tribunal to him. On being satisfied high court may
allow it to be filed within a further period not exceeding sixty days.
 www.crackgradeb.com
72. Civil court not to have jurisdiction: No civil court shall have jurisdiction to entertain any suit or proceeding in
respect of any matter which an Adjudicating Officer or the Tribunal is empowered by or under this Act.

73. Power of court to try cases summarily: All offences not triable by a Special Court, shall be tried in a summary way
by a Judicial Magistrate of the first class or by a Metropolitan Magistrate Provided that in the case of any conviction in a
summary trial under this section, Magistrate may pass a sentence of imprisonment for a term not exceeding one year.

74. Special courts and Public Prosecutor:

the Central Government or the State Government in their respective jurisdictions may constitute as many Special
Courts with the concurrence of the Chief Justice of the High Court if Central Government or the State Government
consider expedient and necessary in the public interest, for the purposes of the trial of offences relating to grievous
injury or death of the consumer for which punishment of imprisonment for more than three years has been prescribed
under this Act

A Special Court may sit for any of its proceedings at any place other than its ordinary place of sitting on its own
motion, or on an application made by the Public Prosecutor.

For every Special Court, the Central Government or the State Government shall appoint a person to be the Public
Prosecutor and may appoint more than one person to be the Additional Public Prosecutors or may also appoint for
any case or class or group of cases, a Special Public Prosecutor.

A person shall be appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor
under this section if he has been in practice as an Advocate for not less than seven years or has held any post, for a
period of not less than seven years, under the Union or a State, requiring special knowledge of law.
 www.crackgradeb.com
75. Power to transfer cases to regular courts: A Special Court is of the opinion that the offence is not triable by it and it
has no jurisdiction to try such offence, then special court may transfer the case for the trial of such offence to any
court having jurisdiction.

76. Appeal: Any person aggrieved by a decision or order of a Special Court may file an appeal to the High Court on
payment of such fee as may be prescribed by the Central Government and after depositing the amount, if any,
imposed by way of penalty, compensation or damage under this Act, within forty-five days from the date on which
the order was served. On being satisfied the High Court may entertain any appeal after the expiry of the said period of
forty-five days.

An appeal preferred under this section shall be disposed of by the High Court by a bench of not less than two judges.

77. Time limit for prosecutions: no special court shall take cognizance of an offence under this Act after the expiry of
the period of one year from the date of commission of an offence: Provided that the Commissioner of Food Safety
may extended period of up to three years for reasons to be recorded in writing.

78. Power of court to implead manufacturer etc: On being satisfied base don evidences of offence under trial, the
special court may proceed against the importer, manufacturer, distributor or dealer of any article of food.

79. Magistrate’s power to impose enhanced punishment: Magistrate of special court may pass an order for a
sentence of imprisonment for a term not exceeding six years.
 www.crackgradeb.com
80. Defences which may or may not be allowed in prosecution under this Act:
Defence relating to publication of advertisements shall not be allowed if person or seller should reasonably have
known that the publication of the advertisement was an offence; or had previously been informed in writing by the
relevant authority that publication of such an advertisement would constitute an offence.

Defence of due diligence may be allowed if commission of the offence was due to:
an act or default of another person; or reliance on information supplied by another person (another person does not
include an employee, director or agent of the defendant)

the person carried out all such checks of the food concerned as were reasonable in all the circumstances;

that the person did not import the food into the jurisdiction from another country; and

the person sold the food in the same condition as and when the person purchased it.

that the person did not know and had no reason to suspect at the time of commission of the alleged offence.

the person complied with a scheme that was Designed to manage food safety hazards and based on national or
international standards, codes or guidelines.

Defence of mistaken and reasonable belief not available and Defence in respect of handling food shall not be
allowed.
Defences of significance of the nature, substance or quality of food shall not be allowed.
 Our Performance

Our Debut Year Performance:

• 8 Final Selections in IRDA AM exam 2017.

• Total 15 students appeared in Phase 2 and 11 were qualified for

interview and finally 5 students selected as RBI GRADE B
officer. *We provided only Phase 2 study materials.

• 12 Final Selections in SEBI 2018 GRADE A Officer exam.

Feedback
Feedback
Feedback
Feedback
 Our Performance till date

Approx. 75 marks questions in ESI and approx. 90

marks Questions in FM were covered from our
Study Materials in RBI GRADE B Phase 2, 2018.

33 Questions out of 40 from our study materials in

Security Awareness part in SEBI GRADE A Phase 1
Exam.

39 Questions out of 47 known questions from our

study materials in Security Awareness part More
than 80% question were covered in ESI & FM paper
in SEBI GRADE A Phase 2 Exam.
 www.crackgradeb.com
To subscribe study materials visit www.crackgradeb.com

For any queries regarding SEBI, RBI, NABARD, FSSAI and IRDA
exams you may call us at 9971687048, 8708288334 or mail us
at [email protected]

For regular updates subscribe Our Telegram Channel:

t.me/crackgradeb

Our facebook page: https://www.facebook.com/crackgradeb/

Subscribe our Youtube channel:

https://www.youtube.com/channel/UCm17-
ZjtY3jobYyq3nCp1Sw
 www.crackgradeb.com

Subscribe the best study materials

for FSSAI Technical Officer and
Central Food Safety Officer and
useful for both CBT and subjective
written exam at Rs. 1499 only.
To subscribe study materials visit
www.crackgradeb.com