Govt.

Of Jharkhand
Department of Health, Medical Education and Family Welfare

Jharkhand Food Safety and Standards Rules, 2011

CHAPTER 1

General

1.1: Title and commencement

1.1.1: These rules may be called the Jharkhand Food Safety and Standards Rules, 2011.
1.1.2: They shall come into force with effect from 5th August-2011.

1.2: Definitions

1.2.1: In these rules, unless the context otherwise requires,

1. “Act” means the Food Safety and Standards Act, 2006 (Act 34 of 2006) ;
2. “Adjudicating Officer” means the Adjudicating Officer appointed under sub-section
(1) of section 68 of the Act.
3. “Advocate” means a person who is entitled to practice the profession of law under
the Advocates Act, 1961 (25 of 1961)
4. “Appellate Tribunal” means the Food Safety Appellate Tribunal constituted under
section 70 of the Act.
5. “Authorised Officer” means an officer authorized by the Food Authority referred in
the sub-section (5) of section 47 of the Act.
6. “Inquiry” means the inquiry referred to in section 68.3
7. “Licensing Authority” means the Designated Officer appointed under section 36 of
the Act for the local area and includes any other officer so appointed for the
purpose of granting license by the Commissioner of Food Safety.
8. “Notified laboratory” means any of the laboratories notified by the Food Authority
under sub-sections (1) and (2) of section 43 of the Act.
9. “Presiding Officer” means a person appointed as Presiding Officer of the Appellate
Tribunal under section 70 of the Act.
10. “Referral laboratory” means any of the laboratories established and/or
recognized by the Food Authority by notification under sub section (2) of section
43 of the Act.
11. “Registrar” means the Registrar of the Appellate Tribunal and includes an officer
of such Appellate Tribunal who is authorized by the Presiding Officer to function
as Registrar.
12. “Registry” means the registry of the Appellate Tribunal.
13. “Rules” means the Food Safety and Standards Rules, 2011.
 2

CHAPTER 2

Enforcement structure and procedures

2.1 - Qualification and duties

2.1.1: Commissioner of Food Safety:
1. Qualification: No person below the rank of “Commissioner and
Secretary” to State Government shall be eligible to be
appointed as the Commissioner of Food Safety. The next
officer will be Director-in-Chief (Food). In absence of
Director-In Chief (Food) Senior most Designated officer
may see his work maximum up to three months only. or
whom State Govt. think fit for this post.
2. Powers and Duties: Powers and duties of the Commissioner of Food Safety
shall be as provided in the section 30 (2) of Food Safety
and Standards Act, 2006.
2.1.2: Designated Officer
1. Qualification i. The Designated Officer shall be a whole time Officer,
not below the rank of Sub-Divisional Officer or
equivalent and shall possess a minimum of bachelors’
degree in Science with chemistry as one of the subjects
or at least one of the educational qualifications
prescribed for the Food Safety Officer under these Rules,
or Additional Chief Medical Officer or whom State Govt.
think fit for this post or State Govt. may sanction this
post in future.

ii. He Shall Undergo training as may be specified by the

Food Authority, within a period of six months from the
date of his appointment as Designated Officer.

iii. (a) persons having been appointed as food Inspector

having qualification prescribed under the PFA Rules,
1955 or as Local Health Authority, shall be eligible for
appointment as Designated Officer, subject to fulfilling
such other conditions as may be prescribed for the post
of Designated Officer by the State Government.

(b) At the time of commencement of these rules, the

post of designated Officer is held by any other officer of
equivalent rank as additional charge basis such other
officer shall continue to hold such additional charge till
such time a whole time Designated Officer is appointed
or for a period of one year whichever is earlier.
 3

2. Powers and duties:

i. The powers and duties of the Designated Officer shall be as mentioned in section 36 (3) of
FSS Act, 2006. On recommendation of food safety officer to issue or cancel licence of food
business operators.
ii. The Designated officer shall function under overall supervision of collector/ District
Magistrate of the District.
iii. The Designated Officer shall, in addition to the powers specified in Section 36 (3) of FSS
Act, 2006, also ensure the refund of fee for analysis paid by the purchaser as per the
provision of Section 40 (1), besides the cost of the sample.
iv. The Designated Officer shall ensure timely disposal of redundant samples, in the manner
notified for the seized materials, by the Commissioner of Food Safety.
v. Without prejudice to anything contained in the aforesaid Rules, the Designated Officer
shall have all administrative powers which may include suspension, cancellation or
revocation of the license of the Food Business Operator in case any threat or grave injury to
public, has been noticed in the report of the Food Analyst, Provided that while taking such
administrative action the procedure described in the Act and Regulations shall be followed.

2.1.3: Food Safety Officer

1. Qualification: Food Safety Officer shall be a whole time officer and shall, on the date on
which he is so appointed, possesses the following:
i. A degree in Food Technology or Dairy Technology or Biotechnology or Oil
Technology or Agricultural Science or Veterinary Sciences or Bio-Chemistry or
Microbiology or Master Degree in Chemistry or degree in medicine from a
recognized University, or to convert the post of Food Inspector, or
ii. any other equivalent/recognized qualification notified by the Central
Government, and iii. has successfully completed training as specified by the
Food Authority in a recognized institute or Institution approved for the
purpose. Provided that no person who has any financial interest in the
manufacture, import or sale of any article of food shall be appointed to be a
Food Safety Officer under this rule
2. On the date of commencement of these Rules, a person who has already been appointed
as a Food Inspector under the provisions of Prevention of Food Adulteration Act, 1954,
may perform the duties of the Food Safety Officer if notified by the state/Central
government if the officer fulfils such other conditions as may be prescribed for the post of
Food Safety Officer by the State Government.

3. State Government may, in cases where a Medical Officer of health administration of local
area has been performing the function of food Inspector under the Prevention of Food
Adulteration Act, 1954,assign the powers and duties of Food Safety Officer to such
Medical Officer in charge of health administration of that area. Provided further that the
persons appointed under clauses 2 and 3 above, shall undergo a specialized training laid
down by the Food Authority within a period of two years from the commencement of
these rules.

4. Powers and Duties:

i. Without prejudice to the powers conferred on him under section 38 of the Act, where the
Food Safety Officer is of the opinion or he has reason(s) to be recorded in writing that in
the given situation it is not possible to comply with the provision of section 38 (1) (c) or
 4

the proviso to section 38(1) for reasons like non availability of the Food Business
Operator, the Food Safety Officer may seize the adulterant or food which is unsafe or sub-
standard or mis-branded or containing extraneous matter, may seal the premises for
investigation after taking a sample of such adulterant or food for analysis.
ii. Where the Food Safety Officer is of the opinion or he has reason(s) to believe that any
person engaged in selling, handling or manufacturing any article of food is suffering from
or harbouring the germs of any infectious disease, he may cause such person to be
examined by a qualified medical professional duly authorized by the Designated Officer.

Provided that where such person is a female, she shall be examined by a qualified lady
medical professional duly authorized by the Designated Officer. If on such examination,
the qualified medical professional certifies that such person is suffering from any such
disease,the Food Safety Officer may by order in writing under intimation to the Designated
Officer, direct such person not to take part in selling or manufacturing any article of food.
iii. Furthermore, it shall be the duty of the Food Safety Officer
a) To inspect, as frequently as may be prescribed by the Designated Officer, all
food establishments licensed for manufacturing, handling, packing or selling
of an article of food within the area assigned to him; and to recommend for
new licence, renewal of licence, cancellation of licence .
b) To satisfy himself that the conditions of licenses are being complied with by
each of the Food Business Operators carrying on business within the area
assigned to him and report to the Designated Officer;
c) To procure and send for analysis if necessary, samples of any article of food
which he has reason to believe or on the basis of information received
including from a purchaser are being manufactured, stocked or sold or
exhibited for sale in contravention of the provisions of the Act, or rules and
regulations framed thereunder
d) To draw samples for purposes of surveillance, survey and research, which shall
not be used for prosecution
e) To investigate any complaint which may be made to him in writing in respect
of any contravention of the provisions of the Act, or rules framed thereunder;
f) To maintain a data base of all Food Businesses within the area assigned to
him;
g) To recommend to Desiganted Officer issue of improvement notices to the Food
Business Operator whenever necessary;
h) To maintain a record of all inspections made and action taken by him in the
performance of his duties, including the taking of samples and seizure of
stocks, and to submit copies of such records to the Designated Officer as
directed in this regard;

i) To make such inquiries and inspections as may be necessary to detect the

manufacture, storage or sale of articles of food in contravention of the Act or
rules framed thereunder;
j) To stop and inspect any vehicle suspected to contain any unsafe food or food
which does not comply with the provisions of this Act and rules, intended for
sale or delivery for human consumption;
 5

k) To recommend to the Designated Officer giving specific grounds, suitable

action in regard to licenses issued to any Food Business Operator, if on
inspection the Food Safety Officer finds that the Food Business Operator had
violated the conditions for grant of license;
l) To carry out food safety surveillance to identify and address the safety hazards
m) To respond to incidents of food poisoning in his area and to send report to
and assist the Designated Officer to enable him to initiate corrective action;
n) To facilitate preparation of Food safety plans for Panchayats and Municipalities
in accordance with the parameters and guidelines given in schedule IV of
Chapter 3 of Regulations.
o) To detain imported packages which are suspected to contain articles of food,
the import or sale of which is prohibited;
p) To coordinate with the Food Business Operators within his area of operation
and facilitate the introduction of food safety systems by the Food Business
Operators.
q) To perform such other duties, as may be entrusted to him by the Designated
Officer or Food Safety Commissioner having jurisdiction in the local area
concerned.

2.1.4: Food Analyst

1. Qualification: A person shall not be qualified for appointment as Food Analyst under the Act
unless she/he ;-
i. Holds a Master’s degree in Chemistry or Biochemistry or microbiology or Dairy
Chemistry or Food Technology, Food and Nutrition or holds Bachelor of
Technology in Dairy/Oil or holds degree in Veterinary Sciences from a
university established in India by law or is an associate of the Institution of
Chemists (India) by examination in the section of Food Analysts conducted by
the Institution of Chemists (India) or any other equivalent qualification
recognized and notified by the Central government for such purposes and has
not less than three years experience in the analysis of food; or to convert the
post of Public Analyst or whom State Govt. think fit for the post; and
ii. Has been declared qualified for appointment as a Food Analyst by a board
appointed and notified by the Authority Not with standing anything contained
above,
(a) any person who has been declared qualified for appointment as Public Analyst
by the board constituted under Prevention of Food Adulteration Act, 1954
shall also be eligible for holding the post of Food Analyst.
(b) any person who is a Public Analyst under the provisions of Prevention of Food
Adulteration Act, 1954 on the date of commencement of these Rules, may
hold office of the Food Analyst subject to the terms and conditions of service
applicable to such person .
iii. A person appointed as Food Analyst shall undergo all specialized training
programmes specified by the Food Authority periodically.
2. Duties:
i. The Food Analyst shall analyse or cause to be analysed the article of food sent to him for
analysis. In analyzing the article of food, the Food Analyst shall follow such instructions and
shall adhere to such procedure as adopted by the Food Authority from time to time. The
report of analysis shall be signed by the Food Analyst
 6

ii. After completion of analysis of article of food, the Food Analyst shall send his report to the
Designated Officer, the Purchaser of article of food, as the case may be, in Form VII A.

2.2 - Procedure of taking extracts of documents and matters connected therewith

2.2.1: Manner of taking extracts
1. Where the Food Safety Officer has seized any books of account and other relevant
documents in exercise of powers conferred upon him under sub-section (6) of section
38 of the Act, he shall return the same to the person from whom they were seized
within a period not exceeding thirty days from the date of such seizure Provided that
before returning the books of account and other relevant documents, the Food
Safety Officer shall be entitled for copies thereof or extracts there from, as the case
may be.
2. On receipt of such communication from the Food Safety Officer, the person from
whom the books of account and documents were seized shall provide the copies or
extracts as the case may be, duly authenticated by the Food Business Operator.
3. The extracts shall be taken by the Food Safety Officer or by any person authorized by
him.
4. The person making the extracts shall not in any manner cause dislocation, mutilation,
tampering or damage to the records in the course of making extracts.
5. The person making extracts shall not make any marking on any record or paper.
2.2.2 Affidavit
1. The extracts or the copies referred to in Rule 2.2.1 above, shall be initialed on each
page of such extracts or copies by the person from whom the books of account and
other documents were seized and such extracts or copies so authenticated shall be
provided to the Food Safety Officer, accompanied by an Affidavit in Form I of the
person from whom the books of account and other documents were seized, certifying
the authenticity of such extracts or copies.
2.3 - Seizure of articles of food by the Food Safety Officer and matters connected therewith
2.3.1.: Form of receipt for article of food seized by a Food Safety officer– For every article of
food seized under clause (b) of sub-section 1 of Section 38 of the Act, a receipt in
Form II shall be given by the Food Safety Officer to the person from whom the article
of food was seized.
2.3.2 Form of order/bond not to dispose of the stock: Where the Food Safety Officer keeps any
article of food in the safe custody of the Food Business Operator under clause (c) of
sub-section (1) of Section 38 of the Act.
1. He shall, after affixing the seal, on the article of food, make an order to the Food
Business Operator in Form III and the Food Business Operator shall comply with
such an order, and
2. He may require the Food Business Operator to execute a bond in Form IV.

2.4: Sampling and Analysis

2.4.1: Procedure for taking sample and manner of sending it for analysis –
The Food Safety Officer while taking sample of food for analysis under clause A of
Sub Section 1 of Section 38 and Section 47 (except 47 (5))of the Act, shall also
follow the procedure specified hereunder,;-
1. shall call one or more witnesses at the time of lifting of the samples
 7

2. Obtain the signatures from the witnesses in all the forms and documents
prepared
3. Serve the notice in Form V A to the business operator then and there
4. In case the food business operator discloses that the product has been obtained
from the manufacturer, the distributor or supplier, a notice shall also be given to
such manufacturer, distributor or supplier,
5. In case where the sample is drawn from an open container, the person drawing
the sample shall also draw a sample from a container in original condition of the
same article bearing the same declaration, if such container is available, and
intimate the same to the Food Analyst.
6. Where a Food Safety Officer or the purchaser takes a sample of an article of food
for analysis, he shall pay, the cost of such sample, to the person from whom the
sample is taken, calculated at the rate at which the article is sold to the public.
7. Sample of article of Food for the purpose of analysis shall be taken in clean dry
bottles or jars or in other suitable containers which shall be closed to prevent
leakage, evaporation or to avoid entrance of moisture in case of dry substance
and shall be carefully sealed.

Provided, if a sealed package marketed by the manufacturer/Food Business

Operator is taken as sample, further sealing in separate containers will not be
required.
8. All bottles or jars or other containers containing the samples for analysis shall be
properly labeled and the parcel shall be properly addressed. The label on any
sample of food sent for analysis shall bear
I. Code number of the sample
II. Name of the sender with his official designation
III. Date and place of collection
IV. Nature of articles being sent for analysis
V. Nature and quantity of preservative, if any, added to the sample.
9. The samples will be packed and sealed in the manner prescribed hereunder:
i. Sample shall be divided into four parts or take four already sealed packages
and mark and seal or fasten up each part in such a manner as its nature
permits and take the signature or thumb impression of the person from
whom the sample has been taken on the label mentioned in 2.4.1.8
ii. The stopper/cap shall first be securely fastened so as to prevent leakage of
the contents in transit
iii. The bottle, jar or other container shall then be completely wrapped in fairly
strong thick paper. The ends of the paper shall be neatly folded in and
affixed by means of gum or other adhesive.

iv. A paper slip of the size that goes round completely from the bottom to top
of the container, bearing the signature of the Designated Officer or any officer
authorized by Food Safety commissioner and code number of the sample, shall be
pasted on the wrapper. The signature or thumb impression of the person from whom
the sample has been taken, shall be affixed in such a manner that the paper slip and
the wrapper both carry a part of this signature or the thumb impression Provided
that in case the person from whom the sample is taken refuses to affix his signature
or thumb impression, the signature or thumb impression of one or more witnesses
 8

shall be taken in the same manner Provided further that in case the paper slip
containing the signature of the Designated Officer is of such a size that it does not
cover completely from the bottom to the top of the container, the Food Safety Officer
shall affix additional sheet/s of paper to the slip containing the signature of the
Designated Officer so as to cover the container completely and the Food Safety
Officer shall affix his signature on each of the joints for the purpose of identification.
Provided also further that where the purchaser or an Authorized Officer draws the
sample no such paper slip shall be required to be affixed.
v. The paper cover shall be further secured by means of strong twine or
thread both above and across the bottle, jar or other container and the twine or
thread shall then be fastened on the paper cover by means of sealing wax on which
there shall be distinct and clear impression of the seal of the sender, of which one
shall be at the top of the packet,one at the bottom and the other two on the body of
the packet. The knots of the twine or thread shall be covered by means of sealing
wax bearing the impression of the seal of the sender.

10. The containers of the samples shall be dispatched forthwith in the following manner
i. the sealed container of one part of the sample for analysis along with
memorandum in Form VI shall be sent in a sealed packet to the Food Analyst under
appropriate condition to retain the integrity of the sample.
ii. the sealed container of the second and third parts of the sample and two copies of
memorandum in Form VI shall be sent to the Designated Officer by any suitable
means and
iii. the sealed container of the remaining fourth part of the sample and a copy of
memorandum in Form VI shall be sent to an accredited laboratory along with fee
prescribed by the Authority, if so requested by the Food Business Operator, under
intimation to the Designated Officer Provided that fourth part also shall be deposited
with Designated Officer if Food business Operator does not request to send the
sample to an accredited lab.
iv. for lifting a sample for testing microbiological parameters, the method of lifting
sample, type of container, temperature to be maintained, method of
transportation and any other condition to maintain the integrity of the sample shall
be notified by the Food Authority from time to time.

11. The Food Safety Officer shall send to the Food Analyst to whom the sealed container of
first part of the sample was sent, a copy of the memorandum and specimen impression of
the seal used to seal the packet and the same shall be sent forthwith.

12. The Food Safety Officer or the Authorized Officer, while taking sample for the purpose of
analysis under the provisions of the Act except in the case where the sample is meant for
microbiological testing/analysis, may add to the sample, a preservative as may be
prescribed from time to time in the regulations for the purpose of maintaining it in a
condition suitable for analysis.

13. Whenever any preservative is added to a sample, the nature and quantity of the
preservative added shall be clearly noted on the label to be affixed to the container.
 9

14. The quantity of sample of food to be sent to the Food Analyst /Referral lab for analysis
shall be as specified in regulations by the Food Authority:

Explanation: Foods sold in packaged condition (sealed container or package) shall be sent for
analysis in its original condition without opening the package as far as practicable, to constitute
approximate quantity along with original label. In case of bulk packages, wherever preservatives
are to be added as per the requirement under these rules, the sample shall be taken after opening
sealed container or package in the presence of the Food Business Operator or in case of his refusal,
in the presence of one or more witnesses and the contents of the original label shall also be sent
along with the sample for analysis. However, such samples shall not be used for microbiological
analysis

15. Where food is sold or stocked for sale or for distribution in sealed containers having
identical label declaration, the contents of one or more of such containers as may be
required to satisfy the quantity prescribed, shall be treated to be a part of the sample.

16. The quantity of sample of food packaging material to be sent to the Food Analyst
/Director of referral lab for analysis shall be as specified below:-

Name of food packaging material Approximate quantity/surface area to be supplied

1. Food packaging material 8 x 1000 x 9 sq.cm. surface area.”

when sample is taken from
manufacturer.
2. When sample is taken from Complete packaging material used for one
small consumer packages. container.

17. Notwithstanding anything contained in Rule 2.4.1 (15) the quantity of sample sent for
analysis shall be considered as sufficient unless the Food Analyst reports to the contrary.

For the purpose of the Rule 2.4.1, if the sample is taken for Surveillance purposes, the
procedure illustrated under this rule shall not be followed

2.4.2. Analysis of food samples by Food Analyst

1. On receipt of the package containing a sample of food for analysis, the Food Analyst or
an officer authorized by him shall compare the seals on the container and the outer cover
with specimen impression of seal received separately and shall note the condition of the seal
thereon.

2. Food laboratories including mobile food laboratories wherever required, may be

established or notified by the Central/State Government for the purpose of testing food
samples received from the Food Safety Officer/purchaser.

3. If the sample container received by the Food Analyst is found to be in broken

condition or unfit for analysis, he shall, within a period of seven days from the date of
 10

receipt of such sample, inform the Designated Officer about the same and request him to
send the second part of the sample for analysis.

4. On receipt of requisition from the Food Analyst pursuant to Rule 2.4.2 (3) the
Designated Officer, shall by the succeeding working day, dispatch to the Food Analyst for
analysis one part of the samples sent to him by the Food Safety Officer.

5. On receipt of the sample, the Food Analyst shall analyse or cause to be analysed the
sample and send the analysis report mentioning the method of analysis. The analysis report
shall be as per Form VII A and four copies of the same shall be sent to the Designated Officer
under whose jurisdiction the Food Safety Officer functions or the purchaser of article of
food. The analysis report shall be signed by the Food Analyst and such report shall be sent
within fourteen days of the receipt of the sample by the Food Analyst.

6. The Designated Officer shall keep two copies of analysis report for further action, one
copy shall be sent to Food Safety Officer for record and one copy to Food business Operator
from whom the sample was taken.
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.

7. The manuals of the method of analysis, as amended/adopted by the Authority from time
to time including AOAC/ ISO/Pearson’s/Jacob /IUPAC/Food Chemicals CODEX/BIS
/Woodmen/Winton-Winton/Joslyn, shall be used for analyzing the samples of food articles.
However, in case the method for analyzing any parameter is not available in these manuals,
a validated method of analysis prescribed by internationally recognized/analytical/regulatory
agencies, shall be adopted

2.4.3: Action by Designated Officer on the report of Food Analyst.

If, after considering the report, the Designated Officer is of the opinion for reason(s) to be
recorded in writing, that the report delivered by the Food Analyst under Rule 2.4.2 (5) is
erroneous, he shall forward one of the parts of the sample kept by him to referral
laboratory, for analysis and if the analysis report of such referral laboratory is to the effect
that the article of food is unsafe or substandard or mis-branded or containing extraneous
matter, the provisions of Rule 3.1 shall, so far as may be, apply.

2.4.4: Purchasers may have the food analysed

1. A Purchaser of food article may, if he so desires, have the article analysed by the Food
Analyst according to the procedure notified by the Food Authority.

2. If the Purchaser desires to have the food article purchased by him to be analysed by the
Food Analyst, he shall give a notice in writing, then and there, in Form V B of his intention to
have it so analysed to the person from whom he has purchased the food article.
 11

3. The provisions of Rule 2.4.1 shall mutatis mutandis apply except 2.4.1 (9) (i, iv) , 10 (ii,
iii), 11, and 16 and with the modification that the samples shall be divided into two parts or
two already sealed packages will be taken each of which will be marked and sealed or
fastened up in such a manner as its nature permits and the signature or thumb impression
of the person from whom the sample has been taken or a witness will be affixed on the
label mentioned in 2.4.1 (8). The purchaser will forward one part of the sample to the Food
Analyst and the other to the Designated Officer which can be used in the event of appeal by
the Food Business Operator against the finding of the report of the Food Analyst.

4. The Purchaser shall pay the prescribed fee to the Food Analyst for carrying out the
analysis.

5. The Food Analyst shall send to the Purchaser his report on analysis of the article of food
and if the finding of the report is to the effect that the article of food is
adulterated/misbranded/contaminated or does not conform to the standards prescribed
under the Act or the Regulations, the Food Analyst shall also send his report in triplicate, to
the Designated Officer of the area in which the article of food was purchased, besides
sending a copy of the Report to the Purchaser.

6. The report of the Food Analyst shall be sent within 14 days of the receipt of the article of
food for analysis and such report shall be in Form VII A.

2.4.5: Food business operator’s right to have the food analysed

1. In case the Food business operator from whom the sample has been taken or the person
whose name and address and other particulars have been disclosed under Rule 2.5 of these
rules, desires to have the fourth part of the sample analysed, he shall request the Food
Safety Officer in writing to send the sample to any NABL accredited/FSSAI notified
laboratory for analysis under intimation to the Designated Officer.
2. The Food Safety Officer shall send the sample to a NABL accredited/FSSAI notified
laboratory, under intimation to the Designated Officer forthwith, in the manner prescribed
under Rule 2.4.1. Provided that the cost of testing by the accredited lab will be borne by the
Food Business Operator or the person identified under Rule 2.5. The payment shall be made
by the Food Business Operator through Bank draft or online transfer or treasury chalan or
any other suitable means as specified by the Designated Officer.

Provided further that the Accredited lab where the Food Safety Officer will send the sample,
should be within the state or the neighboring state wherever available

3. The Food Analyst in-charge of the accredited laboratory shall analyse the sample within
fourteen days from the date of the receipt of the sample

Provided that in case the sample cannot be analysed within fourteen days from the date of
its receipt, the Food Analyst/incharge of the accredited laboratory, shall inform the
Designated Officer and the Commissioner of Food Safety giving reasons and specify the time
to be taken for analysis.
4. The Food Analyst shall send four copies of the analysis report to the Designated Officer,
in the proforma given in Form VII A, indicating the method of analysis.
 12

2.4.6: Appeal to the Designated Officer

1. When an appeal as provided under sub-section 4 of section 46 is preferred to the

Designated Officer by the Food Business Operator against the report of the Food Analyst,
the Designated Officer, shall if he so decides, within thirty days from the receipt of such
appeal after considering the material placed before him and after giving an opportunity to
Food Business Operator to be heard shall forward one part of the sample to the referral lab,
such appeal shall be in Form VIII which shall be filed within 30 days from the date of the
receipt of the copy of the analysis report from the Designated Officer. Report of the referral
laboratory shall be final in this regard. The Designated Officer shall forward one part of the
the sample under appropriate condition as specified for the product including transport, to
retain the integrity of the sample. The cost of analysis of the sample shall be borne by the
Food Business Operator The remaining samples will also be safely kept under appropriate
conditions to prevent deterioration.

2.5: Nomination by the company in the prescribed proforma

2.5.1: The company which is having different establishments or branches, units, any
establishment or branch shall inform the Licensing authority in Form IX, the particulars
relating to the concerned head or the person in-charge of such establishment, branch, unit,
with due certification that the concerned person has been so nominated for the purposes of
the section 66 of the Act and regulations made under section 31 of the Act.

2.5.2: The Company shall also intimate to the Licensing Authority, as and when any change
occurs in the nomination given in Rule 2.5.1 above forthwith, in Form IX
 13

CHAPTER 3
ADJUDICATION AND APPEAL TO TRIBUNAL

3.1: Adjudication proceedings

3.1.1: Holding of inquiry

1. On receipt of the copy of the report of Food Analyst in Form VII A from the Designated Officer,
the person from whom the sample was taken or the persons, whose names and addresses and
other particulars have been disclosed under Rule 2.5 of these rules or wholesaler or
manufacturer has preferred an appeal against the findings of the report of the Food Analyst
before the Designated Officer in terms of sub-section (4) of section 46 of the Act and the same
has been dismissed, or the referral laboratory has, pursuant to the reference made by the
Designated Officer in terms of subsection (4) of section 46 of the Act confirmed the findings of
the Food Analyst in his report, or if no appeal has been preferred, the Designated Officer shall
examine the case on the basis of the sections under which the person has been charged as to
whether the contravention is punishable with imprisonment or the same is punishable with fine
only under the Act. However, if no contravention is established and the sample conforms to
the requirement of FSS regulations, the same will be communicated to the Food Business
Operator immediately.

2. If the Designated Officer decides that such contravention is not punishable with imprisonment
but only with fine under the provisions of the Act, he shall cause and authorize the Food Safety
Officer to file with the Adjudicating Officer an application for adjudication of the offence alleged
to have been committed by the person from whom the food sample has been taken or the
person whose name and address and other particulars have been disclosed under Rule 2.5 of
these rules and/or the seller or manufacturer of the food item in respect of which the report
has been received.

3. On receipt of the communication from the Designated Officer authorizing the filing of the
adjudication application, the Food Safety Officer shall file the application for adjudication with the
Adjudicating Officer for adjudication of the offence/contravention alleged to have been committed.

4. On receipt of the application for adjudication from the Food Safety Officer, the Adjudicating
Officer shall commence the inquiry proceedings.

5. The Adjudicating Officer shall have power to hold an inquiry for purpose of adjudicating offences
punishable under sections 50, 51,52, 53, 54, 55, 56, 57, 58, 64, 65, 66 and 67 of the Act.

6. For holding an inquiry for the purpose of adjudication under section 68 of the Act as to whether
any person(s) has/have committed contravention of any of the provisions of the Act referred to in
Rule 3.1.1.(5) herein or the rules or regulations in respect of which the offence is alleged to have
been committed, the Adjudicating Officer shall, in the first instance, issue a notice to such person
or persons giving him or them an opportunity to make a representation in the matter within such
period as may be specified in the notice (not being less than 30 days from the date of service
thereof).

7. Every notice under Rule 3.1.1.(6) to any such person shall indicate the nature of offence alleged to
have been committed by him or them, the section(s) of the Act alleged to have been contravened,
 14

and the date of hearing of the matter. A copy of the report of the Food Analyst shall also be
annexed to such notice.

8. On the date fixed for hearing, the Adjudicating Officer shall explain to the person or persons
proceeded against or to his authorized representative, the offence alleged to have been committed
by such person, indicating the provision of the Act, rules or regulations in respect of which the
contravention is alleged to have taken place.

9. The Adjudicating Officer shall then give an opportunity to such person or persons to produce
such documents or evidence as he may consider relevant to the inquiry and if necessary the
hearing may be adjourned to a future date Provided that the notice referred to in Rule 3.1.1. (6)
may, at the request of the person concerned, be waived.

Provided further that the Adjudicating Officer shall pass the final order within 90 days from the
date of first hearing mentioned in Rule 3.1.1 (8) above.

10. The State Government may appoint a presenting officer from amongst the panel of advocates
of the court of local jurisdiction, in an inquiry under this rule.

11. While holding an inquiry under this rule, the Adjudicating Officer shall have the power to
summon and enforce the attendance of any person acquainted with the facts and circumstances of
the case to give evidence or to produce any document which, in the opinion of the Adjudicating
Officer may be useful for or relevant to, the subject matter of the inquiry.

12. If any person fails neglects or refuses to appear as required by Rule 3.1.1 (6&7) before the
Adjudicating Officer, the Adjudicating Officer may proceed with the inquiry in the absence of such
person, after recording the reasons for doing so.

3.1.2: Order of the Adjudicating Officer and matters relating thereto

1. If, upon consideration of the evidence produced before the Adjudicating Officer, the Adjudicating
Officer is satisfied that the person or persons or any of them against whom the inquiry has been
conducted, has become liable for penalty and/or any suitable administrative action under any of
the sections referred to in Rule 3.1.1. (5) he may, by order in writing, impose such penalty as he
thinks fit, in accordance with the provisions of the relevant section or sections of the Act.

2. If however, the Adjudicating Officer is satisfied that the person or persons or any of them
against whom the inquiry has been conducted for the contravention of provisions of the Act, has or
have not been proved beyond doubt, the Adjudicating Officer shall dismiss the case.

3. Every order made under Rule 3.1.2. (1) shall specify the provisions of the Act or the rules or the
regulations in respect of which the offence has taken place and shall contain brief reasons for such
decision. While imposing monetary penalty, the Adjudicating Officer shall have due regard to the
provisions of section 49 of the Act. Such penalty will be remitted in the form of a crossed demand
draft drawn on a nationalized bank in favour of “Adjudicating Officer, …….District” payable at the
station where the Adjudicating officer is located

4. Every such order shall be dated and signed by the Adjudicating Officer.
 15

5. The Adjudicating Officer shall send a copy of the order made under Rule 3.1.2 to the person or
persons against whom the inquiry was conducted and the Food Safety Officer who has filed
the application for adjudication.

6. A notice or an order issued under these rules shall be served on the person or the persons
against whom the adjudication proceedings were held or inquiry has been conducted, in any of
the following manner:

i. by delivering or tendering it to that person or his duly authorized representative or

ii. by sending it to the person by registered post with acknowledgement due to the
address of his place of residence or his last known place of residence or the place
where he carried on or last carried on, business or personally works or last worked
for gain or iii. if it cannot be served in the manner specified under Rule 3.1.2 (6) (i) or
(ii) by affixing it on the outer door or some other conspicuous part of the premises in
which that person resides or is known to have last resided or carried on business or
personally works or has worked for gain and written report thereof should be
witnessed by two persons.

3.2: Appellate Tribunal

3.2.1 Qualification and terms of office of Presiding Officer of an Appellate Tribunal

1. No person shall be qualified for appointment as a Presiding Officer of an Appellate

Tribunal unless he is or has been a District Judge and has not attained the age of
65 years on the date of appointment.

2. The Presiding Officer shall be selected by the State Government in which the
Appellate Tribunal is located. The selection panel shall consist of three persons,
one being a serving Judge of the High Court in which the Appellate Tribunal is
located, the Law Secretary of the State Government and the Secretary of the
concerned department of the State Government.

3. The panel’s recommendation shall be decided by the majority of the members

constituting the panel. The panel shall send its recommendation to the State
Government, which will then take such steps as may be necessary to notify the
appointment of the Presiding Officer. If there are more than one candidate which
the panel has recommended for appointment, the panel shall rank the candidates
in the order of their merit.

3.2.2: Terms and conditions of service of Presiding Officer

1. Term of office: The Presiding Officer of the Appellate Tribunal shall hold office
for a term of five years from the date on which he assumes office or until he
attains the age of 65 years, whichever is earlier.
 16

Filling of vacancy: If for reason other than temporary absence, any vacancy
occurs in the office of the Presiding Officer of the Appellate Tribunal, then the
Central Government or the State Government, as the case may be, shall
appoint another person in accordance with the provisions of the Act to fill the
vacancy and the proceedings may be continued before the Appellate Tribunal
from the stage at which the vacancy occurred.

2. Salary and allowances of Presiding Officer: The Presiding Officer of Appellate

Tribunal shall be paid such salary as admissible to a serving District Judge of
the State in which the Appellate Tribunal is located.
Provided that if the Presiding Officer is in receipt of any retirement benefit by
way of pension, gratuity, employer’s contribution to Contributory Provided
Fund, etc. the pay of such Presiding Officer shall be reduced by the gross
amount of pension or employer’s contribution to the Contributory Provided
Fund or any other form of retirement benefit, if any, drawn or to be drawn by
him.
i. Travelling Allowance: The Presiding Officer while on tour or on transfer
(including the journey undertaken to join the Appellate Tribunal or on
the expiry of his term with the Appellate Tribunal to proceed to his
home town) shall be entitled to traveling allowance, daily allowances,
transportation of personal effects and other similar matters at the
same scale and at the same rates as are applicable to a District Judge
of the State in which the Appellate Tribunal is located.

ii. Leave Travel Concession: The Presiding Officer shall be entitled to

Leave Travel Concession at the same rates and at the same scale as
are applicable to a District Judge of the State in which the Appellate
Tribunal is located.

iii. Conveyance: The Presiding Officer shall be entitled to a staff car as

applicable to a District Judge.

iv. Facilities of Medical Treatment: The Presiding Officer of the Appellate

Tribunal shall be entitled to medical treatment and hospital facilities as
provided in the Service Rules as are applicable to a District Judge in
the state in which the Appellate Tribunal is located.

3. Resignation and removal: The Presiding Officer of the Appellate Tribunal may, by a
notice in writing under his hand addressed to the Central Government or the State
Government, as the case may be, which has appointed him, resign from his office.
The Central Government or the State Government, as the case may be, remove from
office, the Presiding Officer of the Appellate Tribunal, who

i. has been adjudged as insolvent

 17

ii. has been convicted of an offence which in the opinion of the Central
Government or the State Government, as the case may be, involves
moral turpitude
iii. has become physically or mentally incapable of acting as the Presiding
Officer
iv. has acquired such financial or other interest as is likely to affect
prejudicially his functions as the Presiding Officer
v. has so misbehaved or abused his position as to render his continuance
in office prejudicial to the public interest.

Provided however that the Presiding Officer shall not be so removed from his office
for reasons mentioned in iv and v except by an order of the Central Government or
the State Government, as the case may be, after an inquiry made by a serving or
retired Judge of a High Court in which the Presiding Officer has been informed of the
charges against him and given a reasonable opportunity of being heard in respect of
the charges and the person conducting the enquiry files a report that the Presiding
Officer ought to be removed.

Whereas in respect of i, ii, and iii the decision of the Government shall be based on
convincing evidence or documentary proof on the basis of a speaking order.

3. Residuary powers and power to relax rules

i. Residuary Powers: Matters relating to the conditions of service of the Presiding

Officer with respect to which no express provision is made in these rules, shall be
referred, in each case to the Central Government or the State Government as the
case may be for its decision and the decision of the Central Government or the State
Government thereon shall be binding on the Presiding Officer.
ii. Power to relax: The Central Government or the State Government as the case may
be, shall have the power to relax the provision of any of these rules relating to
Presiding Officer.

3.3: Procedure for Appeal to Appellate Tribunal and Connected matters therewith

3.3.1. Appeal to Appellate tribunal

1. Limitation for filing appeal: Every appeal under section 70 of the Act, arising out of a
decision of the Adjudicating Officer appointed under section 68 of the Act, shall be filed
within a period of 30 days from the date on which the copy of the order against which
the appeal is filed, is received by the appellant.

Provided however that the Appellate Tribunal may allow a maximum of another 30 days
to entertain an appeal if it is satisfied that there was sufficient cause for not filing the
appeal within first 30 days.

2. Form and procedure of appeal

i. A memorandum of appeal shall be presented in Form X by any aggrieved person in
the registry of the Appellate Tribunal or shall be sent by registered post addressed to the
Registrar.
 18

ii. A memorandum of appeal sent by post shall be deemed to have been presented in
the registry on the day it is received in the registry.

3. Contents of Memorandum of Appeal

i. Every Memorandum of Appeal filed under Rule 3.3.1 (2) shall set forth concisely
under distinct heads, the grounds of such appeal and such grounds shall be numbered
consecutively.
ii. It shall not be necessary to present separate memorandum of appeal to seek interim
order or direction, if the same is prayed for in the Memorandum of Appeal.

4. Manner of presentation of appeal or application or petition

i. Every appeal or petition or application presented to the Appellate Tribunal shall be in
English or the local language of the state and shall be fairly and legibly type written or
printed, in double spacing on one side of standard petition paper, duly paginated,
indexed and stitched together in paper book form.
ii. Appeal or petition or application shall be divided into paragraphs and shall be
numbered consecutively.

5. Initialing alteration
Every interlineations erasing or correction or deletion in any appeal or petition or
application filed before the Appellate Tribunal shall be initialed by the party or his
authorized agent in writing or the party’s advocate presenting the same.

6. Presentation of appeal, petition or application

i. Every appeal, petition or application shall be presented in triplicate by the appellant or
the petitioner or the applicant, as the case may be, in person or by his duly authorized
agent in writing or by an advocate duly appointed in this behalf and shall be
accompanied, wherever applicable, with the stipulated fee.
ii. Every appeal shall be accompanied by the certified copy of the impugned order.

7. Scrutiny of memorandum of appeal

i. The Registrar shall endorse on every appeal the date on which it is presented under
Rule 3.3.1 or deemed to have been presented under that rule and shall sign
endorsement.
ii. If on scrutiny, the appeal is found to be in order, it shall be duly registered and given
a serial number.
iii. If on scrutiny, the appeal or petition or application is found to be defective, the same
shall, after notice to the party, be returned for compliance and if within 21 days of
receipt of such notice or within such extended time as may be granted by the Registrar,
the defect is not rectified, the Registrar, may, for reasons to be recorded in writing,
decline to register the appeal or petition or application.

8. Ex-parte amendments
i. In every appeal or petition or application, arithmetical, grammatical, clerical and such
other errors may be rectified on the orders of the Registrar under notice to the parties.

9. Service of appeal on the respondent

A copy of the Memorandum of Appeal and the paper book shall be served by the
Registrar on the Respondent as soon as they are registered in the registry, by hand
delivery or by Registered post or speed post.
 19

10. Calling for records

On the admission of the appeal or the application or petition, the Registrar shall, if so
directed by the Appellate Tribunal, call for the records relating to the proceedings from
the respective Adjudicating Officer and re-transmit the same at the conclusion of the
proceedings or thereafter.

11. Reply to the appeal by the Respondent

i. Respondent may, within 30 days of service of notice of appeal file with the registry
three complete sets containing reply to the appeal along with the documents in a paper
book form.
ii. A copy of every reply and a copy of every document/material annexed to the reply,
relied on by the Respondent, shall be served on the appellant by the respondent.

12. Fee
i. Every Memorandum of appeal shall be accompanied with a fee provided in sub-rule (ii)
and such fee shall be remitted in the form of crossed demand draft drawn on a
nationalized bank in favour of “Registrar, Food Safety Appellate Tribunal” payable at the
station where the Appellate Tribunal is located.
ii. The amount of fee payable in respect of appeal against adjudication orders passed
under section 68 of the Act shall be as follows:
Sl.No. Amount of penalty imposed Amount of fee payable
1. Less than Rupees10,000/- Rs. 500/-
2. Rupees Ten thousand or more but Rs. 1,500/-
less than Rupees One lakh
3. Rupees One lakh or more Rs.1500/- plus Rupees 500/- for
every additional one lakh of penalty
or fraction thereof subject to a
maximum of Rs.5,000/-

3.3.2 General matters relating to Appellate Tribunal

1. Sitting hours of the Appellate Tribunal

The sitting hours of the Appellate Tribunal shall ordinarily be from 11:00 a.m. to 1:30
p.m. and from 2:30 p.m. to 5:00 p.m., subject to any order issued by the Presiding
Officer.
Working hours of the Appellate Tribunal
i.The office of the Appellate Tribunal shall remain open on all working days on which the
State Government Offices remain open and the working hours of the office of the
Appellate Tribunal shall be as applicable to working hours of the State Government in
which the Appellate Tribunal is located.
ii.The filing counter of the Registry shall remain open on all working days from 11:00
a.m. to 4:30 p.m.
2. Language of the Appellate Tribunal
i.The proceedings of the Appellate shall be conducted in English or the local language of
the state.
ii.No document filed in the proceedings before the Appellate Tribunal in any language
other than English, shall be accepted by the Appellate Tribunal unless the same is
accompanied by a true copy of translation thereof in English.

3. Official seal of the Appellate Tribunal

i. The official seal of the Appellate Tribunal shall be such, as the Presiding Officer may
from time to time specify.
ii. The official seal of the Appellate Tribunal shall be kept in the custody of the Registrar.
 20

iii. Subject to any general or special direction given by the Presiding Officer, the
official seal of the Appellate Tribunal shall not be affixed to any order, summons or
otherprocess, save under the authority in writing from the Registrar.
iv. The official seal of the Appellate Tribunal shall not be affixed to any certified copy
issued by the Appellate Tribunal, save under the authority in writing of the Registrar.

4. Format of direction or rule

Every direction, summons, warrant or other mandatory process shall be issued in the
name of the Presiding Officer and shall be signed by the Registrar or any other officer
specifically authorized in that behalf by the Presiding Officer, with the day, month and
year of signing and shall be sealed with the seal of the Appellate Tribunal.

5. Carry forward of cause list and adjournment of cases on account of non-

sitting of the Appellate Tribunal
If by reason of declaration of holiday or for any other unforeseen reason, the Appellate
Tribunal does not function for the day, the Daily Cause List for that day shall, unless
otherwise directed, be treated as the Daily Cause List for the next working day, in
addition to the cases already posted for that day.

6. Record of Proceedings
Case Diaries, in each appeal, shall be kept by the clerk-in charge in such form as may be
prescribed by the Presiding Officer and they shall be written legibly. The diary in the
main file shall contain a concise history of the appeal or petition or application, and the
substance of the order(s) passed thereon.

7. Order sheet
i. Order sheet shall be maintained in every proceeding and shall contain all orders
passed by the Appellate Tribunal from time to time.
ii. Order sheet shall also contain the reference number of the appeal or petition or
application, date of order and all incidental details including short cause title thereof .

8. Calling of cases in the Appellate Tribunal

Subject to any direction that may be given by the Presiding Officer, the clerk-in-charge
shall call the cases listed in the cause list in the serial order.

9. Issue of notice
i. Where notice of an appeal or petition or application is issued by the Appellate Tribunal,
copies of the same, the Affidavit in support thereof and the copy of other documents
filed therewith, if any, shall be served along with the notice on the other side.
ii. The aforesaid copies shall show the date of presentation of the appeal or petition or
application and the name of the advocate of such party, with his full address for service
and the interim order, if any, made thereon.
iii. The Appellate Tribunal may order for issuing notice in appropriate cases and also
permit the party concerned for service of the said notice on the other side by private
service and in such case, deliver the notice to such party and it is for such party to file
affidavit of service with proof.

10. Summons
Whenever summons or notice is ordered by private service, the appellant or applicant or
petitioner as the case may be, unless already served on the other side in advance, shall
arrange to serve the copy of appeal or application or petition by registered post or
courier service and file affidavit of service with its proof of acknowledgment before the
date fixed for hearing.
 21

11. Steps for issue of fresh notice

If any notice is returned unserved in the circumstances not specified in Rule 3.3.3 (9)
that fact and the reason thereof shall be notified immediately on the notice board of the
Registry. The appellant or applicant or petitioner shall within seven days from date of
such notification takes steps to serve the notice afresh.

12. Consequence of failure to take steps for issue fresh notice

Where after a summon has been issued to the other side and returned unserved and the
appellant or applicant or petitioner, as the case maybe, fails to take necessary steps
within a period as ordered by the Appellate Tribunal from the date of return of the notice
on the respondent/s, the Registrar shall post the case before the Appellate Tribunal for
further directions or for dismissal for non-prosecution.

13. Default of appearance of respondent and consequences

Where the respondent, despite effective service of summons or notice on him does not
appear before the date fixed for hearing, the Appellate Tribunal may proceed to hear the
appeal or application or petition ex parte and pass final orders on merits.

14. Filing of objections by respondent

i. The respondent, if so directed by the Appellate Tribunal, shall file objections or counter
within the time allowed by the Appellate Tribunal. The objections shall be verified as an
appeal or petition and wherever new facts are sought to be introduced for the first time,
leave of the Appellate Tribunal shall be obtained.
ii. The respondent, if permitted to file objections or counter in any proceeding shall also
file three copies thereof after serving copies of the same on the appellant or applicant or
the petitioner or their Advocate on record or the authorized representative, as the case
may be.

15. Inspection of records

The parties to any proceedings before the Appellate Tribunal or their Advocate or the
authorized representative may be allowed to inspect the records of such proceedings by
making an application in that behalf to the Registrar and paying the prescribed fee for
such inspection.

16. Grant of inspection

i. An application for inspection of record under Rule 3.3.3 (15) shall be in the
prescribed form and presented at the filing counter of the Registry between 10:30 a.m.
and 3:00 p.m. on any working day and three days before the date on which the
inspection is sought, unless otherwise permitted by the Registrar.

ii. The Registry shall submit the application with its remarks before the Registrar, who
shall on consideration of the same, pass appropriate orders.

17. Fee payable for inspection

Fee as may be specified by the Food Authority shall be payable on any application for
inspection of records of a pending or decided case. Such fee shall be paid by way of
Demand Draft to be drawn in favour of “Registrar, Food Safety Appellate Tribunal” and
payable at the place where the Appellate Tribunal is located.

18. Mode of inspection

i. On grant of permission for inspection of the records, the Registry shall arrange to
procure the records of the case and allow inspection of such records on the date and
time fixed by the Registrar in the immediate presence of an officer authorised in that
behalf.
 22

ii. The person inspecting the records shall not in any manner cause dislocation,
mutilation, tampering or damage to the records in the course of inspection.
iii. The person inspecting the records shall not make any marking on any record or paper
so inspected and taking notes, if any, of the documents or records inspected may be
done only in pencil.
iv. The officer of the Registry supervising the inspection may at any time prohibit further
inspection, if in his opinion, any of the records are likely to be damaged in the process of
inspection or the person inspecting the records has violated or attempted to violate the
provisions of these rules and shall immediately make a report about the matter to the
Registrar and seek further orders from the Registrar.

19. Maintenance of Register of Inspection

The Registry shall maintain a Register for the purpose of inspection of documents or
records and shall obtain therein the signature of the person making such inspection on
the Register as well as on the application on the conclusion of inspection.

20. Application for production of documents and form of summons

i. Except as otherwise provided hereunder, discovery or production and return of
documents shall be regulated by the provisions of Civil Procedure Code, 1908.
ii. An application for summons to produce documents shall set out the document/s
production of which is sought; the relevancy of the document/s and in case where the
production of a certified copy would serve the purpose, whether application was made to
the proper officer and the result thereof.

21. Suo motu summoning of documents

Notwithstanding anything contained in these rules, the Appellate Tribunal, may, suo
motu, issue summons for production of public documents or other documents in the
custody of a public officer.

3.3.3:Powers and functions of the Registrar and related matters

1. The Registrar shall discharge his functions under the general superintendence of the
Presiding Officer. He shall discharge such other functions as are assigned to him under
these rules by the Presiding Officer.
2. The Registrar shall have the custody of the records of the Appellate Tribunal.
3. The Registrar shall have the following powers and functions viz.
i. registration of appeals, petitions and applications;
ii. to receive applications for amendment of appeal or the petition or application or
subsequent proceedings
iii. subject to the directions of the Presiding Officer, to fix date of hearing of the appeal
or other proceedings and issue notices thereon
iv. to order grant of copies of documents to parties to proceedings.
v. to dispose of all matters relating to the service of notices or other processes,
application for the issue of fresh notice or for extending the time for or ordering a
particular method of service on a respondent including a substituted service by
publication of the notice by way of advertisement in the newspapers.
vi. to requisition records from the custody of the Adjudicating officer or any other
authority.

4. Preparation and publication of daily cause list:

i.The Registry shall prepare and publish on the Notice Board of the Registry before the
closing of working hours on each working day, the cause list for the next working day
and subject to the directions of the Presiding Officer, listing of cases in the Daily Cause
List shall be in the following order of priority: cases for “pronouncement of orders”
a. cases for “clarification”
 23

b. cases for “admission”

c. cases for “orders or directions”
d. part-heard cases, latest part-heard having precedence
e. cases posted as per numerical order or as directed by the Presiding Officer
ii. The title of the daily cause list shall contain the number of the appeal or petition or
application number, the day, date and time of the sitting of the Appellate Tribunal and
the Coram indicating the name of the Presiding Officer.
iii. Against the number of each case listed in the daily cause list, the following shall be
shown namely
iv. the name/s of the advocate/s appearing for both sides and setting in brackets the
details of the parties whom they represent
v. the names of the parties, if unrepresented, with their details in brackets
vi. The objections and special directions, if any, of the Registry shall be briefly indicated
in the daily cause list in remarks column, whenever compliance is required.

3.3.4: Orders of Appellate Tribunal and related matters

1. Order
i. Every order of the Appellate Tribunal shall be signed and dated by the Presiding
Officer. The Presiding Officer shall have powers to pass interim orders or injunction,
subject to reasons to be recorded in writing, which he considers necessary in the
interest of justice.
ii. Orders shall be pronounced in the sitting of the Appellate Tribunal by the Presiding
Officer iii. Reading of the operative portion of the order shall be deemed to be
pronouncement of order.
iv. When orders are reserved, the date for pronouncement of order shall be notified in
the cause list which shall be a valid notice of intimation of pronouncement.

2. Communication of orders
A certified copy of every order passed by the Appellate Tribunal shall be communicated
to the Adjudicating Officer and to the parties, as the case may be.

3. Publication of orders
The orders of the Appellate Tribunal, as are deemed fit for publication in the press may
be released for such publication on such terms and conditions as the Presiding Officer
may specify.

4. Making of entries
Immediately on pronouncement of an order by the Presiding Officer, the Registrar shall
make necessary endorsement on the case file regarding the date of such pronouncement
and the nature of disposal and shall also make necessary entries in the diary maintained
by him.

5. Indexing of case files after disposal

After communication of the order to the parties or their counsel, the Registry shall
arrange the records with pagination and prepare in the Index Sheet in such form as may
be prescribed by the Appellate Tribunal. He shall affix initials and then transmit the
records with the Index to the records room.

6. Copies of orders in library

i. The Officer in charge of the Registry shall send copies of every final order to the
library.
ii. Copies of all final orders received in each month shall be kept at the library in a
separate folder, arranged in the order of date of pronouncement, duly indexed and
stitched.
 24

7. Removal of difficulties and issue of directions

Notwithstanding anything contained in these rules, wherever the rules are silent or no
provision is made, the Presiding Officer may issue appropriate directions to remove
difficulties and issue such order or circulars to govern the situation or contingency that
may arise in the working of the Appellate Tribunal.
 25

FORM I
FORM OF AFFIDAVIT
Seizure of books of account and other documents
(Refer Rule 2.2.2)

I, son of/wife of/daughter of Mr. _________, aged about __________ years and residing at
__________________do hereby solemnly affirm and sincerely state as follows:

1. I am the sole proprietor/Partner/Director/employee of ___________________Private

Ltd/Limited (here give the name of the firm or Company) having its Office/carrying on
business//Registered Office at _____________.

2. I say that on ______ at about ___a.m./p/m., the Food Safety Officer,______________(here

give the area of operation of the Food Safety Officer) inspected/searched the premises at
_________________ where I am/ ________Private Ltd./Limited is carrying on business.
During the course of such inspection/search, the Food Safety Officer has seized certain books
of account and documents relating to the business.

3. I say that the books of accounts and other documents seized during the inspection/search are
required for carrying on business and hence it is necessary that they be returned to me
immediately.

4. At my request, the Food Safety Officer has agreed to return the books of account and other
documents so seized during the inspection/search, subject to my providing him extracts or
copies of such books of account and other documents. The Food Safety Officer has given me
the details of the extracts or the copies required by him.

5. I say that I have caused the extracts/copies so required to be taken in the presence of the
Food Safety Officer/___________ (name) an officer working in the department of the Food
Safety Officer.

6. I confirm and declare that the extracts/copies annexed to this Affidavit are the true, authentic
and genuine extracts/copies of books of account/other documents seized on _______ and in
confirmation thereof, I have initialed each page of such extracts/copies.

7. I am aware that based on the solemn declarations given in this Affidavit, the Food Safety
Officer has agreed to return the books of accounts and other documents seized as aforesaid
on __________.

8. I hereby undertake to produce the books and accounts and other documents or any part
thereof at any time as may be required by the Designated Officer or by the Food Safety
Officer or before any inquiry proceedings or before any adjudication proceedings that may be
initiated by the Food Safety Officer against me or against ________Private Ltd./Limited or
both..

(SIGNATURE OF THE DEPONENT)

Solemnly affirmed and
signed before me this _____ of _____
Notary Public.________
 26

FORM II
SEIZURE MEMO
[Refer Rule 2.3.1]

In exercise of the power delegated to me under section38 of the FSS Act, I hereby seize/detain the
under mentioned food products/documents which contravene the provision of section---------------
--------------------- of this Act at the premises of M/S---------------------------------------------------
------------------------------------------------------------ ---------- ---------------------------------------
--------------------------------------------------------------------------------------------------------------
Sl.No. Name of the products Batch No. No of units Qty in kgs .
1.
2.
3.
4.
5.
--------------------------------------------------------------------------------------------------------------
The detention/seizure has been made and the inventory has been prepared in
presence of the following witnesses.

Name and address of the witness signature.

1.
2.

The products detained/seized have been duly sealed and are left in the custody
of Shri.------------------------------------------------------------------------------------------------------
with the instruction not to tamper with the seals and not to dispose of the products till further
order.

Signature of Manufacturer/dealer Signature of Food Safety Officer

Name---------------------------------
Place---------------------------------
Date:---------------------------------
 27

FORM III
FORM OF ORDER OF SEIZURE
[Refer Rule 2.3.2.(1)]

To
(Name and address of the Food Business Operator)
………………………………….
………………………………….
………………………………….
Whereas below mentioned articles of food….intended for sale which is in your possession appears
to me to be adulterated/misbranded under in violation of section---------------------------------of
FSS Act:

Sl.No. Name of the products Batch No. No of units Qty in kgs

.
1.
2.
3.
4.
5.
--------------------------------------------------------------------------------------------------------------
Now therefore under clause (c) of sub-section (1) of section 38 of the Food Safety and Standards
Act, 2006 (34 of 2006), I hereby direct you to keep in your safe custody the said sealed stock
subject to such orders as may be issued subsequently in relation thereto.

Food Safety Officer

Area…………
Place:
Date:
 28

FORM IV
[Refer Rule 2.3.2.(2)]
FORM OF SURETY BOND

Know all men by these present that we (i) ………………..son of ……..……………resident of ……..and (ii)
…… son of ………..resident of …………….proprietors/partners/employees of Messrs ……….hereinafter
called the Food Business Operator (s) and (iii)…………..son of ………..resident of …….and (iv) ………son
of ……….resident of………….hereinafter called the surety/sureties are held and firmly borne up to the
President of India/Governor of………hereinafter called the government in the sum of …………..rupees
to be paid to the government, for which payment will and truly be made.

We firmly bind ourselves jointly and severally by these presents.

Signed this …………day of ……………….whereas Shri……………Food Safety Officer has seized……….(here,
insert the description of materials together with number/quantity and total price hereinafter
referred to as the said article) from ………..(specify the place);

Whereas on the request of the Food Business Operator(s) the government has agreed to keep the
said article in the safe custody of the Food Business Operator(s) executing a bond in the terms
hereinafter contained and supported by surety/ two sureties which the Food Business Operator(s)
has/have agreed to do. Now the condition of the above written obligation is such that if in the
event of the Food Business Operator(s) failure to produce intact the said article before such court
or Authority and on such dates(s) as may be specified by the said Food Safety Officer from time to
time the Food Business Operator(s) and /or the surety/sureties forthwith pay to the government on
demand and without a demur sum of ………rupees and there after the said bond will be void and of
no effect. Otherwise the same shall be and remain in full force and virtue.
These presents further witness as follows:
(i) The liability of the surety/sureties hereunder shall not be impaired or discharged by
reason of time being granted by or any forbearance, act or omission of the government
whether with or without the knowledge or consent of the sureties or either of them in
respect of or in relation to all or any of the obligations or conditions to be performed or
discharged by the Food Business Operator(s). Nor shall it be necessary for the
government to sue the Food Business Operator(s) before suing the sureties or either of
them for the amount due, hereunder.
(ii) This Bond is given under the Food Safety and Standards Act,2006 for the performance of
an Act in which the public are interested.
(iii) The government shall bear the stamp duty payable on these presents.
In witness whereof these presents have been signed by the Food Business Operator(s)
and the surety/sureties the day hereinabove mentioned and by Shri……………on behalf of
the President of India on the date appearing below against his signature.
Witnesses:
1.……………………. (Signature)
(Name and address)…………………..
2……………………. (Signature)
(Name and address)…………………..
Signature………………… (Food Business Operator)………
Signature………………… (Food Business Operator)………
Signature………………….. (Surety)………
Signature………………….. (Surety)………
for and on behalf of the President of India / governor of state of.
Signature………………………...
( Designation)……………..…
 29

FORM V A
FORM OF NOTICE To THE Food Business Operator
(Refer Rule 2.4.1. (3))
To
…………………………..
…………………………..

Dear Sir/s/ Madam:

I have this day taken the samples of food from premises/shop/market of ……………….situated at
………………..as specified below to have the same analysed by the Food Analyst for _______.

Details of food:

Code number:

Parameter to be tested:
1. As per the FSSAI Standards for the specific products
2. Any additional test to be performed if any

Place: (Sd/-)
Food Safety offficer/
Authorized Officer.
Date:
Address:

Acknowledgement:

Sign of Food Business Operator

Witnesses

Witnesses
 30

FORM V B
(form of notice to be given by purchaser)
(Refer Rule 2.4.4 (2))
To
………………..
……………….

Dear Sir/s/ Madam:

I have this day taken the samples of food from premises/shop/ market of ……………….situated at
………………..as specified below to have the same analysed by the Food Analyst for _______.

Details of food:

Code number:

Parameter to be tested:

1. As per the FSSAI Standards for the specific products

2. Any additional test to be performed if any

Place:
Date:
Address:
 31

FORM VI
MEMORANDUM TO FOOD ANALYST

From:
……………..
…………….. Date: _____

To
Food Analyst
………………
……………..

MEMORANDUM
(Refer Rule 2.4.1(11))

1. The sample described below is sent herewith for analysis under ___ of ___ of section ____ of
Food Safety and Standards Act, 2006
(i) Code Number
(ii) Date and place of collection
(iii) Name and Nature of articles submitted for analysis
(iv) Name and Nature and quantity of preservative, if any, added to the sample.

2. A copy of this memo and specimen impression of the seal used to seal the packet of
sample are being sent separately by post/courier/hand delivery (strike out whichever is
not applicable)

(Sd/)
Food Safety Officer
Address:
 32

FORM VII A
[Refer Rule 2.4.4(6)]
REPORT OF THE FOOD ANALYST

Report No._______.

Certified that I ___________ (name of the Food Analyst) duly appointed under the provisions of
Food Safety and Standards Act, 2006 (34 of 2006), for _____ (name of the local area) have
received from _______* a sample of ____, bearing Code number and Serial Number _____ of
Designated Officer of _____ area* on_________(date of receipt of sample) for analysis.

The condition of seals on the container and the outer covering on receipt was as follows:

Intact/damaged/missing (delete where inapplicable)

I found the sample to be …….. (category of the sample) falling under item No.____ of Chapter 5 of
Food Safety and Standards Regulations. The sample was in a condition fit for analysis and has been
analysed on _____ (give date of starting and completion of analysis) and the result of its analysis
is given below/ was not in a condition fit for analysis for the reason given below:
Reasons:
………………………………………………..
 33

Analysis Report
Refer Rule 2.4.2 (5)

(i) Sample Description (What it contains)

……………………………….
(ii) Physical Appearance of sample/container
……………………………….
(iii) Label declaration.
……………………………….

Sl.No. Quality Nature of method Result Prescribed

characteristics of test used standards as per
(a) provisions of
the FSS Act ,
Rules and
Regulations

1.
2.
3.
4.
5.
6.

Report (sample wise)

-adulterated/misbranded/within norms/ violates provision of …..……………(delete where not

applicable)
-any other observations.

Signed this _____ day of ______ 20

Address: (Sd/-)
Food Analyst.

* Give the details of the senders

** Strike out whichever is not applicable
*** When opinion and interpretation are included, document the basis upon which the
opinions/interpretations have been made.
 34

FORM VIII
[Refer Rule 2.4.6 (1)]
FORM OF APPEAL BEFORE THE DESIGNATED OFFICER
APPEAL BEFORE THE DESIGNATED OFFICER
(PLACE)

In the matter of appeal under section 46 (4) of The Food Safety and Standards Act 2006 (34 of
2006)
AND
In the matter of appeal against the report dated ____ from the Food Analyst.

1. No. and date of the report of the Food Analyst against which the appeal is being preferred

2. Brief details of the facts and the grounds on which the report is being challenged

3. Relief being claimed

Signature of Appellant
 35

FORM NO.IX
(Form of Nomination – Refer rule 2.5.1)

NOMINATION OF PERSONS BY A COMPANY

Being the proprietor or a signatory authorized by the board of directors of the company in terms of
Rule 2.5.1 (2), I do hereby gives notice that the following persons(s) is/are nominated as the
person(s) in charge of establishment, branch or the unit mentioned against the name of the
person(s) and shall be responsible and liable for food safety or any contravention of the Act and
rules/regulations or directions issued thereunder in respect of the concerned
establishment/branch/unit.

The person(s) shall take all such steps as may be necessary to prevent the commission by the
Company of any offence under and comply with the provisions of Food Safety and Standards Act,
2006 and the Rules and Regulations made thereunder.

Branch wise/office wise nomination .

Establishment/branch/unit name Name and Sign of Person i/c

1. 1.
2. 2.
3. 3.

A certified copy of the resolution of the board regarding the authorized signatory, dated ______ is
enclosed.

Place:_________ For _________ Ltd./Private Ltd.

Date:__________

1. Authorized signatory of the company

Place:
Date:
 36

FORM X

(Refer Rule (i) of 3.3.1 (2))

FORM OF APPEAL

BEFORE THE FOOD SAFETY APPELLATE TRIBUNAL

(PLACE OF THE TRIBUNAL)

In the matter of Food Safety and Standards Act, 2006 (34 of 2006)

AND
In the matter of appeal against the order dated ___ passed by the Adjudicating Officer,
(Place)

APPEAL NO. ____ OF ____

A.B. .. Appellant

Vs

C.D . .. Respondent
 37

For use in Appellate Tribunal’s office

Date of presentation in the registry

Date of receipt by post

Registration No.

Signature
(Registrar)
INDEX
(Specimen Index)

Sl. No. EXHIBIT PARTICULARS Page No.

1.
2. A Copy of the Show Cause Notice dated ____
issued by the Adjudicating Officer
3. B Copy of the Reply dated __ sent by the
Appellant to the Show Cause Notice.
4. C Copy of the letter dated ___ sent by the
Appellant to the Adjudicating Officer
5. D Copy of the impugned order dated _____
 38

MEMORANDUM OF APPEAL

1. Particulars of the Appellant

(i) Name of the Appellant : AB
(ii) Address of the Appellant :
(iii) Address for service of
all notices
(iv) Telephone/Fax No.
E-mail address, if any

2. Particulars of the Respondent

(i) Name of the Respondent : C.D.
(ii) Address of the Respondent :
(iii) Address for service of all notices
(iv) Telephone/Fax No.e-mail address, if any

3. Jurisdiction of the Appellate Tribunal

The Appellant declares that the matter of appeal falls within the jurisdiction of the Appellate
Tribunal.
4. Limitation
The Appellant further declares that the appeal is within the limitation as prescribed in Rule 3.3.1(2)
5. Facts of the case
Here give a concise statement of facts of the case and grounds of appeal against the specified
order, in a chronological order, each paragraph containing as neatly as possible as separate issue,
fact or otherwise)
6. Relief(s) sought
In view of the facts mentioned in paragraph 5 and the grounds on which the impugned order is
challenged, the Appellant prays for the following relief(s)
(Here specify the relief(s) sought and the legal provision, if any, relied upon)

7. Interim relief(s) sought (if prayed for)

Pending the final decision in the appeal, the Appellant seeks the following interim relief (s).
(Here specify the interim relief(s) prayed for and the reasons therefore)
8. Matters not pending with any other court
The Appellant further declares that the matter regarding which this
appeal has been filed, is not pending before any court of law or any
other authority or any other Tribunal.

9. Particulars of fee paid

 39

(i) Amount of fee Rs._____

(ii) Name of the bank on which the Demand Draft is drawn _____ Bank
(iii) Demand draft No. and date
10. Details of Index
An index containing the details of the documents relied upon is enclosed.
11. List of enclosures
(Signature of the Appellant)
VERIFICATION
I, _______________ son /wife/daughter of Mr._____________being the Appellant do hereby
verify that the contents of paragraphs 1 to 11 are true to my personal knowledge and belief and
that I have not suppressed any material fact.
(Signature of the Appellant)
Place:
Date:
[F.No. P15017/20/2009-FSSAI(Pt)
(Dr.Arun Kumar Panda)
Joint secretary
To
The manager,
Govt of India Press,
Maya puri,
Delhi.
VERIFICATION
I, _______________ son /wife/daughter of Mr._____________being the Appellant do hereby
verify that the contents of paragraphs 1 to 11 are true to my personal knowledge and belief and
that I have not suppressed any material fact.
(Signature of the Appellant)
Place:
Date: [F.No. P15017/20/2009-FSSAI(Pt)
(L.C.Goyal)
Additional Secretary and DG (C.G.H.S)
To
The manager,
Govt of India Press,
Maya puri,
Delhi.