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

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(b) Qualification <strong>of</strong> the Commissioner <strong>of</strong> <strong>Food</strong> <strong>Safety</strong> - It is expected<br />

that Commissioner <strong>of</strong> <strong>Food</strong> <strong>Safety</strong> would be either the Secretary <strong>of</strong> the<br />

concerned Department or <strong>Ministry</strong>, dealing with <strong>Food</strong> <strong>Safety</strong> or the Head <strong>of</strong><br />

the Department directly responsible for administration <strong>of</strong> the PFA, 1954.<br />

Having an individual with experience in the administration <strong>of</strong> the food laws<br />

would be an added advantage. The level <strong>of</strong> the Commissioner <strong>of</strong> <strong>Food</strong><br />

<strong>Safety</strong> should not be below that <strong>of</strong> a Head <strong>of</strong> the Department or preferably<br />

Secretary to Government. This is necessary for him to interact on a<br />

sustainable basis with many other departments involved in the<br />

implementation <strong>of</strong> the Act. Prosecution sanction <strong>and</strong> appellate powers are<br />

also expected to be performed by this <strong>Authority</strong>. Therefore, it is necessary<br />

that <strong>of</strong>ficer should be full time entrusted with this work <strong>and</strong> not in the form <strong>of</strong><br />

additional charge to an existing <strong>of</strong>fice.<br />

(c)<br />

Location - The State <strong>Food</strong> <strong>Authority</strong> may be situated wherever the<br />

State Government may consider appropriate.<br />

(d) Delegation <strong>of</strong> power - The Commissioner <strong>of</strong> <strong>Food</strong> <strong>Safety</strong> may, by<br />

Order, delegate, subject to such conditions <strong>and</strong> restrictions as may be<br />

specified in the Order, such <strong>of</strong> his powers <strong>and</strong> functions under this Act(<br />

except the power to appoint Designated Officer, <strong>Food</strong> <strong>Safety</strong> Officer <strong>and</strong><br />

<strong>Food</strong> Analyst) as he may deem necessary or expedient to any Officer<br />

subordinate to him.<br />

2. Appointment <strong>of</strong> Designated <strong>of</strong>ficer<br />

The Commissioner <strong>of</strong> <strong>Food</strong> <strong>Safety</strong> for the State shall by order appoint Designated<br />

Officers for each District in the State. (The draft for order <strong>of</strong> appointment is at Annex-II).<br />

District may be defined in such a way as to ensure adequate coverage <strong>and</strong> optimum<br />

utilization <strong>of</strong> available personnel, work load, population density <strong>and</strong> availability <strong>of</strong><br />

infrastructure. The Commissioner will have to provide / define the following after<br />

appointment <strong>of</strong> Designated <strong>of</strong>ficer:-<br />

(a)<br />

Infrastructure - The Commissioner <strong>of</strong> <strong>Food</strong> <strong>Safety</strong> for the State may<br />

77

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