Important Definitions under FSS Act, 2006

Section 3 of FSS Act provides for definitions.

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) “advertisement” means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website and includes through any notice, circular, label, wrapper, invoice or other documents;
(c) “Chairperson” means the Chairperson of the Food Authority;
(d) “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;
(e) “Commissioner of Food Safety” means the Commissioner of Food Safety appointed
under section 30;
(f) “consumer” means persons and families purchasing and receiving food in order to meet
their personal needs;
(g) “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;
(h) “Designated Officer” means the officer appointed under section 36;
(i) “extraneous matter” means any matter contained in an article of food which may be
carried from the raw materials, packaging materials.
(j) “Food” means any substance, whether processed, partially processed or unprocessed,
which is intended for human consumption.
(k) “food additive” means any substance not normally consumed as a food by itself or
used as a typical ingredient of the food, whether or not it has nutritive value
(l) “Food Analyst” means an analyst appointed under section45;
(m) “Food Authority” means the Food Safety and Standards Authority of India established
under section 4;
(n) “Food business” means any undertaking, whether for profit or not and whether public
or private, carrying out any of the activities related to any stage of manufacture,
processing, packaging, storage, transportation, distribution of food, import and includes
food services, catering services, sale of food or food ingredients;
(o) “food business operator” in relation to food business means a person by whom the
business is carried on or owned and is responsible for ensuring the compliance of this Act, rules and regulations made thereunder;
(p) “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 recognized by the Food Authority under section 43;
(q) “food safety” means assurance that food is acceptable for human consumption
according to its intended use;
(r) “food safety audit” means a systematic and functionally independent examination of
food safety measures adopted by manufacturing units;
(s) “Food Safety Management System” means the adoption Good Manufacturing
Practices, Good Hygienic Practices, Hazard Analysis and Critical Control Point and such other
practices as may be specified by regulation, for the food business;
(t) “Food Safety Officer” means an officer appointed under section 37;
(u) “hazard” means a biological, chemical or physical agent in, or condition of, food with
the potential to cause an adverse health effect;
(v) “import” means bringing into India any article of food by land, sea or air;
(w) “improvement notice” means a notice issued under section 32 of this Act;
(x) “infant food” and “infant milk substitute” shall have the meanings assigned to
them in clauses (f) and (g) of subsection (l) of section 2 of the Infant Milk Substitutes,
Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act,
1992(41 of 1992), respectively;
(y) “ingredient” means any substance, including a food additive used in the manufacture
or preparation of food and present in the final product, possibly in a modified form;
(z) “label” means any tag, brand, mark, pictorial or other descriptive matter, written,
printed, stencilled, marked, embossed, graphic, perforated, stamped or impressed on or
attached to container, cover, lid or crown of any food package and includes a product insert;
(za) “licence” means a licence granted under section 31;
(zb) “local area” means any area, whether urban or rural, notified by the Commissioner of
Food Safety, to be a local area for the purposes of this Act;
(zc) “manufacture” means a process or adoption or any treatment for conversion of
ingredients into an article of food, which includes any sub-process, incidental or ancillary to
the manufacture of an article of food;
(zd) “manufacturer” means a person engaged in the business of manufacturing any article
of food for sale and includes any person who obtains such article from another person and
packs and labels it for sale or only labels it for such purposes;
(ze)“Member” means Member of the Food Authority and includes the Chairperson;
(zf) “misbranded food” means food with illegal branding.
(zg) “notification” means a notification published in the Official Gazette;
(zh) “package” means a pre-packed box, bottle, casket, tin, barrel, case, pouch,
receptacle, sack, bag, wrapper or such other things in which an article of food is packed;
(zi) “premises” include any shop, stall, hotel, restaurant, airline services and food
canteens, place or vehicle or vessel where any article of food is sold or manufactured or
stored for sale;
(zj) “prescribed” means prescribed by rules made by the Central Government or the State
Government, as the case may be under this Act;
(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;
(zl) “prohibition order” means an order issued under section 33 of this Act;
(zm) “risk”, in relation to any article of food, means the probability of an adverse effect on
the health of consumers of such food and the severity of that effect, consequential to a food
hazard;
(zn) “risk analysis”, in relation to any article of food, means a process consisting of three
components, i.e. risk assessment, risk management and risk communication;
(zo) “risk assessment” means a scientifically based process consisting of the following
steps:
(i) hazard identification,
(ii) hazard characterization;
(iii) exposure assessment, and
(iv) risk characterization;
(zp) “risk communication” means the interactive exchange of information and opinions
throughout the risk analysis process concerning risks, risk-related factors and risk
perceptions, among risk assessors, risk managers, consumers, industry, the academic
community and other interested parties, including the explanation of risk assessment
findings and the basis of risk management decisions;
(zq) “risk management” means the process, distinct from risk assessment, of evaluating
policy alternatives, in consultation with all interested parties considering risk assessment
and other factors relevant for the protection of health of consumers and for the promotion
of fair trade practices, and, if needed, selecting appropriate prevention and control options;
(zr) “sale” with its grammatical variations and cognate expressions, means the sale of any
article of food, whether for cash or on credit or by way of exchange and whether by
wholesale or retail, for human consumption or use, or for analysis, and includes an
agreement for sale, an offer for sale, the exposing for sale or having in possession for sale
of any such article, and includes also an attempt to sell any such article;
(zs) “sample” means a sample of any article of food taken under the provisions of this Act
or any rules and regulations made thereunder;
(zt) “specified by regulations” means specified by regulations made by the Food
Authority;
(zu) “standard”, in relation to any article of food, means the standards notified by the
Food Authority;
(zv) “State Government” in relation to a Union territory means the Administrator of that
Union territory appointed by the President under article 239 of the Constitution;
(zw) “substance” includes any natural or artificial substance or other matter, whether it is
in a solid state or in liquid form or in the form of gas or vapour;
(zx) “Sub-standard” an article of food shall be deemed to be sub-standard if it does not
meet the specified standards but not so as to render the article of food unsafe;
(zy) “Tribunal” means the Food Safety Appellate Tribunal established under section 70;
(zz) “unsafe food” means an article of food whose nature, substance or quality is so
affected as to render it injurious to health:
(i) By the article itself, or its package thereof, which is composed, whether wholly or in part,
of poisonous or deleterious substance; or
(ii) By the article consisting, wholly or in part, of any filthy, putrid, rotten, decomposed or
diseased animal substance or vegetable substance; or
(iii) By virtue of its unhygienic processing or the presence in that article of any harmful
substance; or
(iv) By the substitution of any inferior or cheaper substance whether wholly or in part; or
(v) By addition of a substance directly or as an ingredient which is not permitted; or
(vi) By the abstraction, wholly or in part, of any of its constituents; or
(vii) By the article being so colored, flavored or coated, powdered or polished, as to damage
or conceal the article or to make it appear better or of greater value than it really is; or
(viii) By the presence of any coloring matter or preservatives other than that specified in
respect thereof; or
(ix) By the article having been infected or infested with worms, weevils, or insects; or
(x) By virtue of its being prepared, packed or kept under insanitary conditions; or
(xi) By virtue of its being mis-branded or sub-standard or food containing extraneous
matter; or
(xii) By virtue of containing pesticides and other contaminants in excess of quantities
specified by regulations.

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