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advocatemmmohan

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since 1985 practicing as advocate in both civil & criminal laws

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Tuesday, September 7, 2010

PREVENTION OF FOOD ADULTERATION ACT 1954- FOOD SAFETY ACT 2006

sec.11 :- how to take samples and it's procedure and where to send samples and rights of accused. By giving notice in-writing then and there of his intention to take sample for analyst, the food inspector has to lift the sample. the sample is to be divided into three equal parts and each part is to be secured title and marks and seals are to be affixed and signature or accused or on his refusal third party witness's be obtained on the above said 3 parts. with intimation to local authority, one part is to be sent to public analyst and other 2 parts are to be deposited with the local atuority under due receipt, for the purpose of precautionary method and for the sake of accused for sending to central laboratory. under sub section 2 or sec.13[2-a],[2-e]. on the succeeding working day itself , the sample is to be sent to the public analyst and local authority. sec.13 :- Report of public analyst-the public analyst has to send his report to local authority and after that the local authority , has to forward a copy to the accused, after filing a case, intimating to get the sample analysis by central food laboratory , within 10 days from the date of receipt of the report, through court.on the application of accused, the magistrate call for samples from the local authority for sending the same to C.F.L.after receive the report only whether to proceed against the accused or is to be decided.