Skip to main content

The Food Safety and Standards Act, 2006

Central

An Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto.

Act number
34 of 2006
Ministry
Ministry of Health and Family Welfare
Department
Department of Health and Family Welfare
Enacted
23 Aug 2006

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

101 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Declaration as to expediency of control by the Union.
  3. Section 3Definitions.
  4. Section 4Establishment of Food Safety and Standards Authority of India.
  5. Section 5Composition of Food Authority and qualifications for appointment of its Chairperson and other Members.
  6. Section 6Selection Committee for selection of Chairperson and Members of Food Authority.
  7. Section 7Term of office, salary, allowances and other conditions of service of Chairperson and Members of Food Authority.
  8. Section 8Removal of Chairperson and Members of Food Authority.
  9. Section 9Officers and other employees of Food Authority.
  10. Section 10Functions of the Chief Executive Officer.
  11. Section 11Central Advisory Committee.
  12. Section 12Functions of Central Advisory Committee.
  13. Section 13Scientific Panels.
  14. Section 14Scientific Committee.
  15. Section 15Procedure for Scientific Committee and Scientific Panel.
  16. Section 16Duties and functions of Food Authority.
  17. Section 17Proceedings of Food Authority.
  18. Section 18General principles to be followed in administration of Act.
  19. Section 19Use of food additive or processing aid.
  20. Section 20Contaminants, naturally occurring toxic substances, heavy metals, etc.
  21. Section 21Pesticides, veterinary drugs residues, antibiotic residues and microbiological counts.
  22. Section 22Genetically modified foods, organic foods, functional foods, proprietary foods, etc.
  23. Section 23Packaging and labelling of foods.
  24. Section 24Restrictions of advertisement and prohibition as to unfair trade practices.
  25. Section 25All imports of articles of food to be subject to this Act.
  26. Section 26Responsibilities of the food business operator.
  27. Section 27Liability of the manufacturers, packers, wholesalers, distributors and sellers.
  28. Section 28Food recall procedures.
  29. Section 29Authorities responsible for enforcement of Act.
  30. Section 30Commissioner of Food Safety of the State.
  31. Section 31Licensing and registration of food business.
  32. Section 32Improvement notices.
  33. Section 33Prohibition orders.
  34. Section 34Emergency prohibition notices and orders.
  35. Section 35Notification of food poisoning.
  36. Section 36Designated Officer.
  37. Section 37Food Safety Officer.
  38. Section 38Powers of Food Safety Officer.
  39. Section 39Liability of Food Safety Officer in certain cases.
  40. Section 40Purchaser may have food analysed.
  41. Section 41Power of search, seizure, investigation, prosecution and procedure thereof.
  42. Section 42Procedure for launching prosecution.
  43. Section 43Recognition and accreditation of laboratories, research institutions and referral food laboratory.
  44. Section 44Recognition of organisation or agency for food safety audit.
  45. Section 45Food Analysts.
  46. Section 46Functions of Food Analyst.
  47. Section 47Sampling and analysis.
  48. Section 48General provisions relating to offences.
  49. Section 49General provisions relating to penalty.
  50. Section 50Penalty for selling food not of the nature or substance or quality demanded.
  51. Section 51Penalty for sub-standard food.
  52. Section 52Penalty for misbranded food.
  53. Section 53Penalty for misleading advertisement.
  54. Section 54Penalty for food containing extraneous matter.
  55. Section 55Penalty for failure to comply with the directions of Food Safety Officer.
  56. Section 56Penalty for unhygienic or unsanitary processing or manufacturing of food.
  57. Section 57Penalty for possessing adulterant.
  58. Section 58Penalty for contraventions for which no specific penalty is provided.
  59. Section 59Punishment for unsafe food.
  60. Section 60Punishment for interfering with seized items.
  61. Section 61Punishment for false information.
  62. Section 62Punishment for obstructing or impersonating a Food Safety Officer.
  63. Section 63Punishment for carrying out a business without licence.
  64. Section 64Punishment for subsequent offences.
  65. Section 65Compensation in case of injury or death of consumer.
  66. Section 66Offences by companies.
  67. Section 67Penalty 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.
  68. Section 68Adjudication.
  69. Section 69Power to compound offences.
  70. Section 70Establishment of Food Safety Appellate Tribunal.
  71. Section 71Procedure and powers of the Tribunal.
  72. Section 72Civil court not to have jurisdiction.
  73. Section 73Power of court to try cases summarily.
  74. Section 74Special courts and Public Prosecutor.
  75. Section 75Power to transfer cases to regular courts.
  76. Section 76Appeal.
  77. Section 77Time limit for prosecutions.
  78. Section 78Power of court to implead manufacturer, etc.
  79. Section 79Magistrate’s power to impose enhanced punishment.
  80. Section 80Defences which may or may not be allowed in prosecution under this Act.
  81. Section 81Budget of Food Authority.
  82. Section 82Finances of the Food Authority.
  83. Section 83Accounts and audit of Food Authority.
  84. Section 84Annual report of Food Authority.
  85. Section 85Power of Central Government to issue directions to Food Authority and obtain reports and returns.
  86. Section 86Power of Central Government to give directions to State Governments.
  87. Section 87Members, officers of Food Authority and Commissioner of Food Safety to be public servants.
  88. Section 88Protection of action taken in good faith.
  89. Section 89Overriding effect of this Act over all other food related laws.
  90. Section 90Transfer of existing employees of Central Government Agencies governing various foods related Acts or Orders to Food Authority.
  91. Section 91Power of Central Government to make rules.
  92. Section 92Power of Food Authority to make regulations.
  93. Section 93Laying of rules and regulations before Parliament.
  94. Section 94Power of State Government to make rules.
  95. Section 95Reward by State Government.
  96. Section 96Recovery of penalty.
  97. Section 97Repeal and savings.
  98. Section 98Transitory provisions for food standards.
  99. Section 99Milk and Milk Products Order, 1992 shall be deemed to be regulations made under this Act.
  100. Section 100Amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.
  101. Section 101Power to remove difficulties.