Food Safety and Security Act

OBJECTIVES OF SAMPLING OF FOOD PRODUCT

• Samples are usually collected from a lot of food for random surveillance, collection of data for a specific purpose, or monitoring/and to determine whether the food is unsatisfactory for any reason.

• A sample should represent a population as adequately as possible. To ensure proper sampling, the analysts need to be consulted time to time concerning proper sample size, suitable containers for sampling or the use of appropriate preservatives to prevent any spoilage or transformation in a sample before analysis, one common cause of lack of precision or lab-to-lab variation in analytical results for a particular population can be traced back to erroneous sampling.

• When significant difference in results occurs among laboratories which have supposedly analyzed the same sample, a serious conflict may arise questioning the competence and credibility of the laboratories.

• The samples may be collected from factory premises, or from the market. Food Safety officer while taking samples of food for analysis under clause (c) of sub-section (1) of section 47 of the Act or an authorized officer taking sample of imported article of food for analysis under sub-section (5) of section 47 of the Act shall, follow the procedure specified herein for taking samples and sending them for analysis.

Section 3 of FSSA , 2006 Definitions.

(1) In this Act, unless the context otherwise requires : –

(a) “adulterant” means any material which is or could be employed for making the food unsafe or sub-standard or mis-branded or containing extraneous matter;

(b) “claim” means any representation which states, suggests, or implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, composition or otherwise;

(c) “food safety” means assurance that food is acceptable for human consumption according to its intended use;

(d) “contaminant” means any substance, whether or not added to food, but which is present in such food as a result of the production (including operations carried out in crop husbandry, animal husbandry or veterinary medicine), manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food or as a result of environmental contamination and does not include insect fragments, rodent hairs and other extraneous matter;

(e) “food laboratory” means any food laboratory or institute established by the Central or a State Government or any other agency and accredited by National Accreditation Board for Testing and Calibration Laboratories or an

equivalent accreditation agency and recognised by the Food Authority under section 43

WHAT ARE THE IMPORTANT ASPECTS OF SAMPLING?

IMPORTANT ASPECTS OF SAMPLING

􏰀 Selection of a certain portion.

􏰀􏰀 Number of containers.

􏰀 Must be as representative.

􏰀 From a lot of food for random surveillance.

􏰀 Collection of data for a specific purpose, or monitoring.

􏰀 To determine the conformity to product standards specified in the regulation.

􏰀 To ensure that analytical data is reliable

IMPORTANT ASPECTS

FSO may collect samples from any place where any article of food is

• Manufactured

• Stored for sale

• Stored for the manufacture of any other article

of food by Authorized officer for sale

• Exposed

• Exhibited for sale where any adulterant is

manufactured.

PRECAUTIONS DURING SAMPLING

The condition of the sample received for examination is of primary importance. If samples are improperly collected and mishandled or are not representative of the sampled lot, the laboratory results will be meaningless. Because interpretations about a large consignment of food are based on a relatively small sample of the lot, established sampling procedures must be applied uniformly. A representative sample is essential when pathogens or toxins are sparsely distributed within the food.

Precautions during sampling

􏰁The number of units that comprise a representative sample from a designated lot of a food product.

􏰁􏰁The proper statistical sampling procedure according to whether the food is

• Solid,

• Semisolid,

• Viscous,or

• Liquid,mustbedeterminedbythe

FSO at the time of sampling.

• Clean, dry, leak-proof, wide-mouthed and sterile containers.

• Sample must be submitted in original and in sealed condition.

• Dry or canned foods that are not perishable and are collected at ambient temperatures need not be refrigerated.

• Collect frozen samples in pre-chilled containers.

• Follow storage norms.

Sample Collection Techniques The FSO/ Authorized Officer must obtain the following Information

􏰁 name of the food 􏰁􏰁 lot number

• 􏰁  container size or sizes

• 􏰁  product code numbers

• 􏰁  labeling information

􏰁 condition of the lot, i.e., broken packages, evidence of rodent or insect infestation, debris, etc.

Sample Integrity

􏰀 The FSO/ Authorized Officer must be aware of the perishability of the sample and that, for analytical significance, the sample must reach the laboratory in a condition similar to that at the time of sampling.

􏰀 In taking official samples, many food control authorities prescribe the use of special tamper-proof containers or sealing with wax and a seal with the FSO/ Authorized Officer’s designated identification number.

􏰀 It is usually a good precaution to have the owner of the goods sign for the owner’s portion of the sample.

Sampling of Food for Analysis

Obtain signature from one or two persons in all forms and documents

Give notice then and there of intention to have the sample

Notice to be given in the form V(a) after paying the cost of samples

Take in clean dry bottles or jars or in other suitable containers

Divide into four parts or take four already sealed packages and mark and seal

Properly label and properly address the parcel

Dispatching of Sample

* One Part to Analyst

* Two Parts to Designated Officer

* Fourth Part, if FBO request send to Accredited lab

Commodity specific sampling procedures

􏰁 Foodcontrolalsoincludesresponsibilitiesforprevention of economic fraud.

􏰁 Inspectionactivitiesincludereviewoflabeling,checkofnet contents, identity and compositional aspects of food standards, and false and misleading food advertising.

􏰁 Samplingproceduresshouldbeperformedinaccordancewith appropriate ISO Standards related to the commodity of concern.

􏰁 GeneralGuidelinesonSamplingcanbedownloadedfromthe Codex Website (CAC/GL 50-2004).

LEGAL ASPECTS IN FOOD SAFETY AND STANDARD ACT, 2006

Section 41 of FSSA, 2006
Power of search, seizure, investigation, prosecution and procedure thereof

(1) Notwithstanding anything contained in sub-section (2) of section 31, the Food Safety Officer may search any place, seize any article of food or adulterant, if there is a reasonable doubt about them being involved in commission of any offence relating to food, and shall thereafter inform the Designated Officer of the actions taken by him in writing:

Provided that no search shall be deemed to be irregular by reason only of the fact that witnesses for the search are not inhabitants of the locality in which the place searched is situated.

(2) Save as in this Act otherwise expressly provided, provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to search, seizure, summon, investigation and prosecution, shall apply, as far as may be, to all action taken by the Food Safety Officer under this Act.

Section 42 of FSSA, 2006

Procedure for launching prosecution.

(1) The Food Safety Officer shall be responsible for inspection of food business, drawing samples and sending them to Food Analyst for analysis.

(2) The Food Analyst after receiving the sample from the Food Safety Officer shall analyse the sample and send the analysis report mentioning method of sampling and analysis within fourteen days to Designated Officer with a copy to Commissioner of Food Safety.

(3) The Designated Officer after scrutiny of the report of Food Analyst shall decide as to whether the contravention is punishable with imprisonment or fine only and in the case of contravention punishable with imprisonment, he shall send his recommendations within fourteen days to the Commissioner of Food Safety for sanctioning prosecution.

(4) The Commissioner of Food Safety shall, if he so deems fit decide, within the period prescribed by the Central Government, as per the gravity of offence, whether the matter be referred to,–

(a)a court of ordinary jurisdiction in case of offences punishable with imprisonment for a term up to three years; or

(b) a Special Court in case of offences punishable with imprisonment for a term exceeding three years where such Special Court is established and in case no Special Court is established, such cases shall be tried by a Court of ordinary jurisdiction.

Section 68 of FSSA, 2006

Adjudication.

(2) The Adjudicating Officer shall, after giving the person a reasonable opportunity for making representation in the matter, and if, on such inquiry, he is satisfied that the person has committed the contravention of provisions of this Act or the rules or the regulations made thereunder, impose such penalty as he thinks fit in accordance with the provisions relating to that offence.

(3) The Adjudicating Officer shall have the powers of a civil court and —

(a) all proceedings before him shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860);

(b) shall be deemed to be a court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).

(3) while adjudicating the quantum of penalty under this Chapter, the Adjudicating Officer shall have due regard to the guidelines specified in section 49.

Section 70 of FSSA, 2006
Establishment of Food Safety Appellate Tribunal.

(1) The Central Government or as the case may be, the State Government may, by notification, establish one or more tribunals to be known as the Food Safety Appellate Tribunal to hear appeals from the decisions of the Adjudicating Officer under section 68.

(2) The Central Government or the State Government, as the case may be, shall prescribe, the matters and areas in relation to which the Tribunal may exercise jurisdiction.

Food Safety and Standards Rules, 2011

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.

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.

i. 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.

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.

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.

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.

Food Safety and Standards Rules, 2011
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.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.