Roles & Duties

Purchaser Power

purchaser may get a food article analyzed by the Food Analyst on payment of prescribed fees after informing the Food Business Operator at the time of purchase. The Food Analyst shall issue the report within the prescribed period. If the sample is found non-compliant, the purchaser is entitled to a refund of the fee, and the report shall be forwarded to the Designated Officer for action under Section 42 for prosecution.

Roles & Responsibilities of Designated Officer

The Commissioner of Food Safety shall, by order, appoint the Designated Officer, who shall not be below the rank of a Sub-Divisional Officer, to be in-charge of food safety administration in such area as may be specified by regulations.
There shall be a Designated Officer for each district.
The functions to be performed by the Designated Officer shall be as follows, namely :—

to issue or cancel license of food business operators.
to prohibit the sale of any article of food which is in contravention of the provisions of this Act and rules and regulations made thereunder.
to receive report and samples of article of foods from Food Safety Officer under his jurisdiction and get them analyzed.
to make recommendations to the Commissioner of Food Safety for sanction to launch prosecutions in case of contraventions punishable with imprisonment.
to sanction or launch prosecutions in cases of contraventions punishable with fine;
to maintain record of all inspections made by Food Safety Officers and action taken by them in the performance of their duties.
to get investigated any complaint which may be made in writing in respect of any contravention of the provisions of this Act and the rules and regulations made thereunder.
to investigate any complaint which may be made in writing against the Food Safety Officer.
to perform such other duties as may be entrusted by the Commissioner of Food Safety.

Roles & Responsibilities of Food Safety officer

Commissioner of Food Safety shall, by notification, appoint such persons as he thinks fit, having the qualifications prescribed by the Central Government, as Food Safety Officers

The Food Safety Officer shall have the power to take samples of any food or substance intended for sale, human consumption, or required as evidence under the provisions of the Act and Rules made thereunder.
The Food Safety Officer may seize any article of food which appears to be in contravention of the provisions of the Act or Regulations made thereunder.
The seized article of food may be kept in the safe custody of the Food Business Operator, and the Food Safety Officer may require execution of a bond equivalent to the value of such article.
The Food Safety Officer shall have the authority to enter and inspect any premises where food is manufactured, stored, sold, or where adulterants are manufactured or kept, and may draw samples for analysis.
The cost of samples taken shall be paid to the person from whom such samples are taken, at the prevailing retail rate. Where any seized article of food is perishable and unfit for human consumption, the Food Safety Officer may, after serving written notice, cause such article to be destroyed.
The powers relating to search, entry, inspection, and seizure shall be exercised in accordance with the applicable provisions of the Code of Criminal Procedure, 1973.
The Food Safety Officer may seize adulterants, books of accounts, and other relevant documents useful for investigation or proceedings under the Act, subject to prior approval of the competent authority for seizure of documents.
During sample collection, seizure, or destruction proceedings, the Food Safety Officer shall call one or more independent witnesses and obtain their signatures.
Seized books of accounts and documents shall be returned to the concerned person within the prescribed period after taking certified copies or extracts thereof.The burden of proving that any seized adulterant was not intended for adulteration shall lie upon the person from whose possession such adulterant was seized.
The Commissioner of Food Safety may issue binding guidelines regarding the exercise of powers by the Food Safety Officer and may revoke such powers for a specified period, as deemed necessary.
Food Safety Officer is empowered to search any place and seize any article of food or adulterant where there exists a reasonable doubt regarding involvement in commission of an offence under the Act.
After conducting such search and seizure, the Food Safety Officer shall inform the Designated Officer in writing regarding the action taken.
A search shall not be considered irregular merely because the witnesses to the search are not residents of the locality where the search was conducted.
Unless otherwise specifically provided under the Act, the provisions of the Code of Criminal Procedure, 1973 relating to search, seizure, summons, investigation, and prosecution shall apply, as far as practicable, to actions taken by the Food Safety Officer under the Act.