Food Safety and Standards Rules, 2011 have been framed by the Central Government.
The broad coverage of such Rules & Regulations are stipulated under Section 91 & Section 92 of the Act. The Rules mainly cover the administrative structure & functioning of FSSAI and various bodies under it. In addition, there are three amendments made in these Rules from time to time.
The Food Safety and Standards Rules, 2011 comprises of three chapters:
Provides the general description about the Rules and definitions applicable under these
Provides the detailed description about the enforcement structure and procedures. It
includes the qualifications, powers and duties of Commissioner of Food Safety, Designated
Officer, Food Safety Officers and Food Analyst. It provides the procedural details of working
of Food Safety Officers while conducting the inspections. Details of the documents and
affidavits that are supposed to be extracted and other matters connected therewith. The
manner the Food Safety Officers can take sample for analysis and also seize the articles of food. It also specifies the sampling and analysis procedures and the manner of sending samples for analysis to the food laboratories. The way the food analyst should receive the samples and analyze the same within the stipulated time periods (Regulatory samples, import samples and survey samples). In addition, this chapter also specifically describes action of Designated Officer on the report of Food Analyst and how the consumer (Section 40 of FSS Act) and food business operator may have the food analysed.
This is about the adjudication proceedings the qualification and term of office of presiding
officer of an Appellate Tribunal and procedure for appeal to Appellate Tribunal and
connected matters therewith.
The Food Safety and Standards Act, 2006 under Section 91 empowers the Central Government to make rules by notification in the Official Gazette, for carrying out the provisions of the FSS Act. Such rules may provide for all or any of the following matters, namely:
(a) salary, terms and conditions of service of Chairperson and Members other than ex officio Members under subsection (2) and the manner of subscribing to an oath of office and secrecy under sub-section (3) of section 7;
(b) qualifications of Food Safety Officer under sub-section (1) of section 37;
(c) the manner of taking the extract of documents seized under sub-clause (8) of section 38;
(d) determination of cases for referring to appropriate courts and time-frame for such determination under sub section (4) of section 42;
(e) qualifications of Food Analysts under section 45; 61
(f) the manner of sending sample for analysis and details of the procedure to be followed in this regard under subsection (1) of section 47;
(g) the procedure to be followed in adjudication of cases under sub-section (1) of section 68;
(h) qualifications, terms of office, resignation and removal of Presiding Officer under sub-section (4), the procedure of appeal and powers of Tribunal under sub-section (5) of section 70;
(1) any other matter relating to procedure and powers of Tribunal under clause
(g) of sub-section (2) of section 71;
(j) the fee to be paid for preferring an appeal to the High Court under subsection (1) of section 76;
(k) form and time of preparing budget under sub-section (1) of section 81;
(i) form and statement of accounts under sub-section (1) of section 83;
(m) he form and time for preparing annual report by Food Authority under sub-section (1) of section 84; and
(n) any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules by the Central Government.
In exercise of the powers conferred by the Act, the Central Government notified the Food Safety and Standards Rules in 2008 regulating the salaries, allowances and other services of Chairperson and Members other than ex officio Members of Food Authority. Subsequently Central Government came up with comprehensive Food Safety and Standards Rules 2011 to regulate various subject given under Section 91 of the Act.