Licensing and registration of a food business:
Registration required for the business operator who
- Manufactures or sells any article of food by himself or through hawker, petty retailer, itinerant vendor or a temporary stall holder; or
- Those food businesses includes the small scale, cottage or tiny food businesses with an annual turnover which exceeds Rs.12 lakhs and or whose
- Production capacity of food other than the meat and meat products, milk and milk products does not exceed 100 kg or lit per day or
- Production or procurement of milk is up to 100 liters of milk per day or slaughtering capacity is around 2 animals or 10 small animals or 50 poultry birds per day or less than that.
Central license required for the business operator who
- Dairy units includes the milk chilling processing units which produces more than 50 thousand liters of liquid milk/day or 2500 MT of milk solid per annum.
- Vegetable oil processing units having installed capacity which is more than 2 MT per day.
- Slaughter houses equipped to slaughter more than 150 small animals or 50 large animals or 1000 or more poultry birds per day.
- Meat processing units equipped to process more than 500 kilos of meat per day or 150 MT per annum.
- All the food processing units other than the mentioned above which has the installing capacity more than 2 MT/day.
- All importers import food for commercial use.
- 100% export oriented units.
- All the food business operator manufactures any article of food does not fall under any of the foods which are prescribed under these regulations or deviates in any way from the specification for additives therein.
- Retail chains operate in three or more states.
- Food catering services in establishments and the units which are under central government agencies like air and airport, railways, seaport, defense etc.
Enforcement of the act:
Adjudicating officer of the state government:
- They have the powers of civil court.
- They can impose the penalty for offences.
Central or state government can establish one or more tribunals in order to attend the appeals. One member of the tribunal is the presiding officer (district judge).
He has the power to establish a special court for expedient hearing for offences which may relates with grievous injury or death.
- Deliberate adulteration.
- Causing the food to be injurious.
- Non-conformation in label information etc.,
- Abstracting any constituent.
- Substandard food: Up to Rs.2 lakhs.
- Misbranded: Up to Rs.3 lakhs.
- Food with extraneous matter: Up to Rs.1 lakhs.
- If you fail to meet the requirements which were directed by Food Safety Officer: Up to Rs.2 lakhs.
- Misleading advertisement: Up to Rs.10 lakhs.
- Unsanitary or unhygienic preparations: Up to Rs.1 lakhs.
- Adulterant food but not injurious to health: Up to Rs.2 lakhs.
- Adulterant and injurious to health: Up to Rs.10 lakhs.
- Unsafe food but it doesn’t cause any immediate injury: 6 months imprisonment with fine of Rs.1 lakh.
- Unsafe food which causes non-grievous injury: Imprisonment for 1 year and a fine of Rs.3 lakhs.
- Grievous injury: Fine of Rs.5 lakhs and 6 years of imprisonment.
- Compensation in case of injury: 1 lakh and compensation in case of grievous injury: 3 lakhs.
- Causing death: Life time imprisonment or 7 years and a fine amount of Rs.10 lakhs.
- Compensation in case of death: 5 lakhs minimum.
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