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

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<strong>of</strong> the report <strong>of</strong> the result <strong>of</strong> analysis in Form I delivered to him by registered post<br />

or by h<strong>and</strong>, as may be appropriate, to the person from whom the sample <strong>of</strong> the<br />

article was taken by the <strong>Food</strong> <strong>Safety</strong> Officer.<br />

Provided that where the sample conforms to the provisions <strong>of</strong> the Act or the<br />

rules <strong>and</strong> regulations made thereunder, <strong>and</strong> no prosecution is intended under subsection<br />

(3) or no action is intended under Sub-section (3) <strong>of</strong> Section 42 <strong>of</strong> the Act,<br />

the Designated Officer shall intimate the result to the <strong>Food</strong> Business Operator from<br />

whom the sample had been taken within 10 days from the receipt <strong>of</strong> the report from<br />

the <strong>Food</strong> Analyst.<br />

(h) To get investigated any complaint made in writing in respect <strong>of</strong> any contravention<br />

<strong>of</strong> the provision <strong>of</strong> the Act <strong>and</strong> Rules <strong>and</strong> regulation made thereunder.<br />

(i) To investigate any complaint made in writing against the <strong>Food</strong> <strong>Safety</strong> Officer<br />

(j) To keep record <strong>of</strong> food article or adulterants seized or destroyed. The person from<br />

whom the article was seized may give an application within seven days time after<br />

receipt <strong>of</strong> report <strong>of</strong> <strong>Food</strong> Analyst for review.<br />

3. Functions <strong>of</strong> Authorized Officer:-<br />

The Officer authorized by the Central Government or <strong>Food</strong> <strong>Authority</strong> for enforcement<br />

<strong>of</strong> provisions under Section 25 <strong>of</strong> the Act, shall perform the following functions:-<br />

(a) He shall take samples <strong>of</strong> imported food at the port <strong>of</strong> entry <strong>and</strong> send to <strong>Food</strong><br />

Analyst to notified laboratory for analysis alongwith prescribed fees to be<br />

borne by the importer, in the prescribed Form IA.<br />

(b) He shall follow the sampling procedure <strong>and</strong> manner <strong>of</strong> sending sample,<br />

prescribed for the <strong>Food</strong> <strong>Safety</strong> Officer except that for the code number <strong>and</strong><br />

serial number <strong>of</strong> Designated Officer to be pasted on the wrapper <strong>of</strong> the sample,<br />

it may be issued under his signature.<br />

(c) On receipt <strong>of</strong> report <strong>of</strong> <strong>Food</strong> Analyst, he shall forward the same to the custom<br />

collector or other <strong>of</strong>ficer authorized under Customs Act for further necessary<br />

action under the Customs Act, 1962.<br />

(d) He shall also send a copy <strong>of</strong> analysis report <strong>and</strong> action taken in case <strong>of</strong><br />

imported food to the <strong>Food</strong> <strong>Authority</strong> immediately.<br />

4. Procedure to be followed by <strong>Food</strong> Analyst:-<br />

The <strong>Food</strong> Analyst appointed under Section 45 <strong>of</strong> the Act shall follow the<br />

following procedure:-<br />

59

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