Food Safety and Standards Authority of India Ministry of Health ...

(b) Forms of order not to dispose of stock and of bond:-
Where the Food Safety Officer seizes any article of food under Section 38, he shall keep
the articles in the safe custody of the vendor after taking the sample in the following
manner:-
(i) He shall, after sealing such article of food, make an order to the vendor in Form III
and the vendor shall comply with such an order, and;
(ii) He may require the vendor to execute a bond in Form IV.
(iii) The article of food or adulterant seized by a Food Safety Officer shall be produced
before the Designated Officer immediately but not later the seven days after the
receipt of report of Food Analyst.
2. Procedure to be followed by Designated Officer:-
The Designated Officer appointed under Section 36 of the Act shall perform all or any
of the following functions:-
(a) Designated Officer will function as licensing Authority of food business in local
area as may be notified by the Commissioner of Food Safety and follow the
procedure for licensing including improvement notice prescribed under the
regulations.
(b) To keep record of all inspections made by Food Safety Officer under his
jurisdiction and action taken by them.
(c) To receive samples of article of food taken by Food Safety Officer under his
jurisdiction for keeping in safe custody.
(d) In case, the sample sent to Food Analyst is lost or damaged, the Designated Officer
shall within a period of seven days of receipt of requisition for second part of the
sample from Food Analyst or Food Safety Officer, send one part of sample to the
Food Analyst for analysis.
(e) In case the test reports received from the Food Analyst and the accredited
laboratory are found to be in variance the Designated Officer shall send one part of
the sample kept in his custody to referral laboratory for analysis alongwith
memorandum in Form V.
(f) To scrutinize the reports of Food Analyst / referral food laboratory and recommend
for launching of prosecution to the Commissioner of Food Safety in case
contravention is punishable with imprisonment or launch or cause to be launched
the prosecutions in cases of contravention is punishable with fine as per the
procedure prescribed under the regulations.
(g) Designated Officer to send report to person concerned: - Designated Officer
shall, within a period of ten days after the institution of prosecution forward a copy
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