Section 47 of The Food Safety and Standards Act, 2006 in hindi
Sampling and analysis.
- (1)When a Food Safety Officer takes a sample of food for analysis, he shall--
- (a)give notice in writing of his intention to have it so analysed to the person from whom he has taken the sample and to the person, if any, whose name, address and other particulars have been disclosed;
- (b)except in special cases as may be provided by rules made under this Act, divide the sample into four parts and mark and seal or fasten up each part in such a manner as its nature permits and take the signature or thumb impression of the person from whom the sample has been taken in such place and in such manner as may be prescribed by the Central Government: Provided that where such person refuses to sign or put his thumb impression, the Food Safety Officer shall call upon one or more witnesses and take his signature or thumb impression, in lieu of the signature or thumb impression of such person;
- (c)(i) send one of the parts for analysis to the Food Analyst under intimation to the Designated Officer;
- (ii)send two parts to the Designated Officer for keeping these in safe custody; and
- (iii)send the remaining part for analysis to an accredited laboratory, if so requested by the food business operator, under intimation to the Designated Officer: Provided that if the test reports received under sub-clauses (i) and (iii) are found to be at variance, then the Designated Officer shall send one part of the sample kept in his custody, to referral laboratory for analysis, whose decision thereon shall be final.
- (2)When a sample of any article of food or adulterant is taken, the Food Safety Officer shall, by the immediate succeeding working day, send the sample to the Food Analyst for the area concerned for analysis and report.
- (3)Where the part of the sample sent to the Food Analyst is lost or damaged, the Designated Officer shall, on a requisition made to him, by the Food Analyst or the Food Safety Officer, despatch one of the parts of the sample sent to him, to the Food Analyst for analysis.
- (4)An article of food or adulterant seized, unless destroyed, shall be produced before the Designated Officer as soon as possible and in any case not later than seven days after the receipt of the report of the Food Analyst: Provided that if an application is made to the Designated Officer in this behalf by the person from whom any article of food has been seized, the Designated Officer shall by order in writing direct the Food Safety Officer to produce such article before him within such time as may be specified in the order.
- (5)In case of imported articles of food, the authorised officer of the Food Authority shall take its sample and send to the Food Analyst of notified laboratory for analysis who shall send the report within a period of five days to the authorised officer.
- (6)The Designated Officer, the Food Safety Officer, the authorised officer and the Food Analyst shall follow such procedure as may be specified by regulations.
Summary
- It requires the Food Safety Officer to give written notice of their intention to have a sample analysed to the person they took it from.
- It details how the Food Safety Officer must divide food samples into four parts, seal them, and get the seller's signature or thumb impression.
- It specifies the distribution of the four sample parts: one to the Food Analyst, two to the Designated Officer for custody, and one to an accredited lab if requested by the business owner.
- It establishes a process for resolving conflicting lab reports by sending a retained sample to a referral laboratory, which has the final say.
- It commands that any seized food or adulterant must be produced before the Designated Officer within seven days of receiving the analysis report.
- It sets a fast-track five-day limit for food analysts to report on samples taken from imported food products.
Practical examples
FAQ
1. Who must receive a written notice when a sample is taken under Section 47 of the Food Safety and Standards Act, 2006?
Under Section 47 of the Food Safety and Standards Act, 2006, the Food Safety Officer must give a written notice of their intention to have the sample analysed to the person from whom the sample is taken, as well as to any person whose name and address are disclosed on the product.
2. How are food samples divided and distributed under Section 47 of the Food Safety and Standards Act, 2006?
Under Section 47 of the Food Safety and Standards Act, 2006, the officer usually divides the sample into four parts. One part is sent to the Food Analyst, two parts go to the Designated Officer for safe custody, and the fourth part is sent to an accredited laboratory if the food business owner requests it.
3. What happens if two different laboratories give conflicting results under Section 47 of the Food Safety and Standards Act, 2006?
Under Section 47 of the Food Safety and Standards Act, 2006, if the results of the Food Analyst and the accredited laboratory differ, the Designated Officer will send one of the retained samples in their custody to a referral laboratory, whose decision is final.
4. What is the deadline for sending a sample to the analyst under Section 47 of the Food Safety and Standards Act, 2006?
Under Section 47 of the Food Safety and Standards Act, 2006, the Food Safety Officer must send the sample to the Food Analyst by the immediate succeeding working day after taking it.
5. Within what timeframe must seized food be brought before an authority under Section 47 of the Food Safety and Standards Act, 2006?
Under Section 47 of the Food Safety and Standards Act, 2006, any seized food or adulterant must be produced before the Designated Officer as soon as possible, and not later than seven days after receiving the analysis report, unless it was destroyed because it was perishable and spoiled.
Test yourself
1.Under Section 47 of the Food Safety and Standards Act, 2006, if a food seller refuses to sign or put their thumb impression on the divided sample parts, how must the Food Safety Officer proceed?
2.Under Section 47 of the Food Safety and Standards Act, 2006, which laboratory's decision is final when the primary Food Analyst's report and the business owner's requested accredited lab report are at variance?
3.Under Section 47 of the Food Safety and Standards Act, 2006, how many days does a notified laboratory analyst have to send a report to the authorised officer regarding imported food samples?
4.Under Section 47 of the Food Safety and Standards Act, 2006, what is the default timeframe within which a Food Safety Officer must send a taken sample of food or adulterant to the Food Analyst?