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Search Results Judgments > Act:food safety and standards amendment act

Sep 08 2010

Pepsico India Holdings (Pvt) Limited and another. Vs. State of U.P. a ...

  • Decided on : 08-Sep-2010

Court : Allahabad

... the aforesaid Acts were also made cognizable and non-bailable. Thereafter, the Parliament made further amendments to the PFA Act through the Act No. 34 of 1976. By this amendment graded punishment based on the degree of violation was introduced. Recently, the Parliament in the year 2006 passed the Food Safety and Standards Act (in ... Act through the Act No. 34 of 1976. By this amendment graded punishment based on the degree of violation was introduced. Recently, the Parliament in the year 2006 passed the Food Safety and Standards Act (in short, referred to as 'FSSA'). Various provisions of FSSA were notified from time to time but finally on 29th July, 2010, Section 97 of FSSA, which repealed all other food ... Food Stuff is covered by a Special Act i.e. The Food Safety and Standards Act, 2006. 40. It is pertinent to add that the PFA Act was enacted for the prevention of adulteration of food, being a special Act, it eclipsed sections 272 and 273 of IPC. In other words, the said Act made sections 272 and 273 of IPC redundant as punishment provided under the PFA Act ... Food Safety, his officers and Panchayati Raj/ Municipal bodies." 28. Section 3 of the Act is the definition clause and defines 'adulterant' 'contaminant' 'food' 'food additive' 'food business' 'hazard', 'manufacture', 'sale', 'substance', 'sub-standard' and 'unsafe food' amongst other words, which read as under:- "(a ) "adulterant" means any material which is or could be employed for making the food unsafe or sub-standard ...

Sep 15 2012

M/s. Dhariwal Industries Limited and Others Vs. The State of Maharasht ...

  • Decided on : 15-Sep-2012

Court : Mumbai

... copy of the Food Safety and standards act is present on the website www.fssal.gov.in. 10. The learned counsel for the petitioners have also placed strong reliance on the report of the expert group which was appointed to examine the draft notification dated 25 November 2005 for amendment of the Prevention of Food Adulteration Act. The ... food. 2. The query raised is a clarification and not pertains to RTI, the copy of the Food Safety and standards act is present on the website www.fssal.gov.in. 10. The learned counsel for the petitioners have also placed strong reliance on the report of the expert group which was appointed to examine the draft notification dated 25 November 2005 for amendment ... under the Food Safety and Standards Act, 2006 (the Food Safety Act or FSS Act or Act of 2006) as well as the statutory order dated 19 July 2012 of the Commissioner of Food Safety, State of Maharashtra under Section 30(2)(a) of the Food Safety Act. The regulations impugned in these petitions are - (i) Regulation 2.3.4 of the Food Safety and Standards (Prohibition and ... Food Safety, State of Maharashtra under Section 30(2)(a) of the Food Safety Act. The regulations impugned in these petitions are - (i) Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 (The Prohibition and Restrictions Regulations) and (ii) Regulation 3.1.7 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 (the Standards ...

Sep 15 2012

M/s. Dhariwal Industries Limited and Others Vs. The State of Maharasht ...

  • Decided on : 15-Sep-2012

Court : Mumbai

... of the Food Safety and standards act is present on the website www.fssal.gov.in. 10. The learned counsel for the petitioners have also placed strong reliance on the report of the expert group which was appointed to examine the draft notification dated 25 November 2005 for amendment of the Prevention of Food Adulteration Act. The ... food. 2. The query raised is a clarification and not pertains to RTI, the copy of the Food Safety and standards act is present on the website www.fssal.gov.in. 10. The learned counsel for the petitioners have also placed strong reliance on the report of the expert group which was appointed to examine the draft notification dated 25 November 2005 for amendment ... under the Food Safety and Standards Act, 2006 ( ??the Food Safety Act ??or FSS Act or Act of 2006 ? ) as well as the statutory order dated 19 July 2012 of the Commissioner of Food Safety, State of Maharashtra under Section 30(2)(a) of the Food Safety Act. The regulations impugned in these petitions are - (i) Regulation 2.3.4 of the Food Safety and Standards (Prohibition ... Food Safety, State of Maharashtra under Section 30(2)(a) of the Food Safety Act. The regulations impugned in these petitions are - (i) Regulation 2.3.4 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 ( ??The Prohibition and Restrictions Regulations ? ) and (ii) Regulation 3.1.7 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 ( ??the Standards ...

Nov 09 2012

Lochamesh B. Hugar and Others Vs. Union of India Represented by its se ...

  • Decided on : 09-Nov-2012

Court : Karnataka

... food laws and to have a single Regulatory Body the Food Safety and Standard Act was enacted by the Parliament by Act, 34 of 2006 published in the Official Gazette on 23.08.2006. The Statement of objects and reasons of the said enactment was to consolidate the law relating to food and to establish the Food Safety Standards Authority of Indian for laying down Science Based Standards for Articles of Food ... Act, 1954 (PFA) as well as Food Safety and Standards Act, 2006 or whether one remedy would exclude the other came up for consideration before the High Court of Delhi in the case of Bottled Water Processors Association Vs Union of India and other in W.P.(C) No.11672/2009 disposed of on 20.05.2010 whereunder it was held as follows: 16. The amendment ... enactment was to consolidate the law relating to food and to establish the Food Safety Standards Authority of Indian for laying down Science Based Standards for Articles of Food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith ... provisions of the Food Safety and Standards Act, 2006, Regulations made thereunder as well as the relevant provisions of the Bureau of Indian Standards Act, 2006 which has bearing on the issues in question are extracted herein below: STATUTORY PROVISIONS THE FOOD SAFETY AND STANDARDS ACT, 2006 3. Definitions (1) In this Act, unless the context otherwise requires,- (j) food means ...

Jan 28 2014

Vital Nutraceuticals Private Limited through its Director, Ganesh Vith ...

  • Decided on : 28-Jan-2014

Court : Mumbai

... . These regulations extensively deal with safety aspect in relation to food and food products standards. 13. Further, the Food Authority in exercise of the powers conferred under Clause (o) of sub-section (2) of Section 92 read with Section 31 of the FSS Act has made the Food Safety Standards (Licensing and Registration of Food Business) Regulations,2011. These regulations ... food safety or public health to make or amend the regulations in which case such consultation may be dispensed with : Provided that such regulations shall be in force for not more than six months; (e) ensure protection of the interests of consumers and shall provide a basis for consumers to make informed choices in relation to the foods ... Act has made the Food Safety Standards (Licensing and Registration of Food Business) Regulations,2011. These regulations are brought into force on 5.8.2011 and inter alia provide for various matters in regard to the licensing and registration of food business (hereinafter referred to as the Licensing and Registration Regulations?). Regulation 2.1 provides for registration and licensing of food ... Food Authority in exercise of the powers conferred under Clause (o) of sub-section (2) of Section 92 read with Section 31 of the FSS Act has made the Food Safety Standards (Licensing and Registration of Food Business) Regulations,2011. These regulations are brought into force on 5.8.2011 and inter alia provide for various matters in regard to the licensing and registration of food ...

Oct 22 2013

Centre for Public Interest Litigation Vs. Union of India & Ors.

  • Decided on : 22-Oct-2013

Court : Supreme Court of India

... food trade with reference to food safety standards and practices.16. The manufacture and sale of carbonated soft drinks is regulated by the Prevention of Food Adulteration Act, 1954 (PFA Act), the PFA Rules and the Fruit Products Order, 1955 issued under the Essential Commodities Act, 1955. Section 3 of the PFA Act provides for constitution of a Committee called the Central Committee for Food Standards ... food safety or public health to make or amend the regulations in which case such consultation may be dispensed with: Provided that such regulations shall be in force for not more than six months; (e)ensure protection of the interests of consumers and shall provide a basis for consumers to make informed choices in relation to the foods ... food safety standards or while enforcing or implementing the provisions of the FSS Act. The Food Authority, while discharging its functions, shall take into account the prevailing practices and conditions in the country, including agricultural practices and handling, storage and transport conditions, including international standards and practices. The Food Authority shall be guided by the general principles of food safety ...

Apr 23 2012

MS.Unik Traders Vs. The Commissioner Of Customs.

  • Decided on : 23-Apr-2012

Court : Chennai

... it to the Referral Food Laboratory, CFTRI, Mysore, the Nodal Agency in terms of Section 4 of the Prevention of Food Adulteration Act, 1954, as amended. The said Laboratory under Reports dated 13.12.2011, has now found that the samples confirm to the fact that it is indeed Monosodium Glutamate, a Food Additive falling under the Food Safety and Standards Act, 2006 and ... to the Act read with Food Safety and Standard Act, 2006. Samples were drawn and forwarded to the Referral Food Laboratory, CFTRI, Mysore. The Director, CFTRI, Mysore gave his opinion vide their Certificates No.502P/FSSA/2011; 503P/FSSA/2011 & 504P/FSSA/2011, all dated 13.12.2011 that samples conform as a permitted Food Additive (Monosodium Glutamate) under the Food Safety and Standards Act, 2006 and ... the Act and Rules read with the provisions of the Customs Act, 1962, the contention of the petitioner that the seizure is without authority of law is not sustainable.(iv) The imported goods are subjected to clearance only if it confirms to the Act read with Food Safety and Standard Act, 2006. Samples were drawn and forwarded to the Referral Food Laboratory, CFTRI, ... the role of the Customs is not only restricted to implementing the Customs Act, 1962, but also enforcing the other allied Acts and Rules relating to the import and export of goods and not acted without jurisdiction as contended by the petitioner. The compliance under the Food Safety and Standards Act, 2006 and Rules, 2011 is required for the purpose of fixing ...

May 20 2010

Bottled Water Processors Association Vs. Union of India (UOI) and Ors. ...

  • Decided on : 20-May-2010

Court : Delhi

... Standards Act, 1986 ('BIS Act') and the Prevention of Food Adulteration Act, 1954 ('PFA Act') as well as the Food Safety and Standards Act, 2006 ('FSSA') against all 'local units manufacturing and selling packaged drinking water without licence and BIS Certification Mark'.2. It is the Petitioner's case that although Section 14 of the BIS Act makes it mandatory for certain food ... amendment to the PFA Rules by mention of Rule 49(28) makes the use of a BIS Mark for packaged drinking water mandatory. Therefore, it is also a mandatory requirement under Section 14 of the BIS Act. The words 'Indian Standard' under Section 2(g) of the BIS Act have been defined as under:Indian Standard means the standard (including any tentative or provisional standard ... Standards ('DG, BIS') (Respondent No. 5) and the Lieutenant Governor of Delhi representing the Government of National Capital Territory of Delhi ('GNCTD') (Respondent No. 2) and the Commissioner of Police, Delhi (Respondent No. 6) to take action under the provisions of the Bureau of Indian Standards Act, 1986 ('BIS Act') and the Prevention of Food Adulteration Act, 1954 ('PFA Act') as well as the Food Safety and Standards Act ...

Aug 28 2012

M/s. Sree Annapoorna Agro Foods represented by its Proprietor Vs. Unio ...

  • Decided on : 28-Aug-2012

Court : Chennai

... . Further, the Food Safety and Standards Act, 2006 is an Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import and to ensure the availability of safe and wholesome food for human consumption. The Act came into ... goods. In order to protect the interest of the consumers and to ensure that there is no misgrading of articles, the amendments were made by the Amendment Act 76 of 1986. By the amendment, the Central Government wants to ensure that the misgraded article is proposed to be defined as one not of the quality prescribed ... Act, 1937. The rule only prohibits the manufacturer from using the common or generic name of the oils used in the case of blended edible vegetable oil. 15. Further, the Food Safety and Standards Act, 2006 is an Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food ... Food Adulteration Act as well as Section 2(j) of the Agricultural Produce (Grading and Marking) Act, 1937. The rule only prohibits the manufacturer from using the common or generic name of the oils used in the case of blended edible vegetable oil. 15. Further, the Food Safety and Standards Act, 2006 is an Act to consolidate the laws relating to food and to establish the Food Safety and Standards ...

Dec 07 2011

MS. Vishnu Packaging, A Partnership firm. Vs. Union Of India, Through ...

  • Decided on : 07-Dec-2011

Court : Mumbai

... so far as any article of food which is found to be adultered is concerned. During the course of hearing, the learned Assistant Government Pleader submitted that even otherwise the the said PFA Act and the said Rules are now repealed by new Act viz. the Food Safety and Standards Act, 2006, though, according to her proceedings initiated under the said PFA Act and under the said Rules ... any suggestions which the Committee may make in relation to the amendment of the said rules.] (1-A) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a)specifying the articles of food or classes of food for the import of which a license is required and ... otherwise the the said PFA Act and the said Rules are now repealed by new Act viz. the Food Safety and Standards Act, 2006, though, according to her proceedings initiated under the said PFA Act and under the said Rules are saved. It is required to be noted that it is not the case of the petitioners that by virtue of the repealed Act and the Rules, steps ... full swing as Tobacco Act, 2003 cannot be said to have an overriding effect so far as any article of food which is found to be adultered is concerned. During the course of hearing, the learned Assistant Government Pleader submitted that even otherwise the the said PFA Act and the said Rules are now repealed by new Act viz. the Food Safety and Standards Act, 2006, though, according ...

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