THE FOOD SAFETY AND STANDARDS ACT,2006

SEC.2[ZK] :- primary food means an article of food, being a produce of agriculture or horticulture or animal husbandry and dairying or aquaculture in its natural form, resulting from the growing, raising, cultivation, picking, harvesting,collection or catching in the hands of a person other than a farmer or fisherman. sec.38 powers of food safety officer :- taking of sample etc., sec. 42 deals with procedure for launching prosecution :-after receiving samples, the analyst has to send his report to the designated officer [local authority], within 14 days. the designated officer within 14 days has to send his report to the commissioner of food safety for sanctioning of prosecution. the commissioner has to send his decision and to refer to file a case in regular court or special tribunal , to the designated officer and to food safety officer[food inspector].sec.46 says how to check sample and analysis should be completed etc., sec.47 says how to lift sample and how to prepare sample etc,.sec.48 general provisions of offences how a person would do. in this a s per [2][b] primary food beyond control of human agency fall substandard, could not be treated as an offence.sec.49 how to calculate penalty amount etc., sec.50 to 59 and sec.60 to 65 says about the punishments and the quantum's of penalties for different types of adulterations etc., sec.66 offences by companies. sec. 69 appellate tribunals and sec.69 power to compound offences :- with out launching a criminal case food safety officer himself impose some penalty not exceeding one lakh from a petty seller who manufactures and sell the articles- provided when punishment is prescribed , then compound not possible.sec.73. powers of J.F.C.M. PUNISHMENT LESS THAN 3 YEARS and under sec.79 has got power to pass enhanced sentence except more than 6 years. SEC. 74 SPECIAL COURT AND PUBLIC PROSECUTOR-more than 3 years. sec. 75 power to transfer cases from special court to j.f.c.m. sec.77 no offence should be taken cognizance after the lapse of one year. sec. 80 defenses which may or may not be allowed.