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

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shall decide as per the gravity <strong>of</strong> the <strong>of</strong>fence whether the case should be referred to a Court<br />

<strong>of</strong> ordinary jurisdiction or a Special Court.<br />

To avoid any delay in launching prosecution <strong>and</strong> ensure proper legal scrutiny, it is<br />

necessary that Commissioner <strong>of</strong> <strong>Food</strong> <strong>Safety</strong> establishes a Legal Cell to assist the<br />

Designated Officers <strong>and</strong> Adjudicating Officer in matters relating to launching <strong>of</strong> prosecution<br />

<strong>and</strong> follow up <strong>of</strong> the cases in the different Courts. The <strong>Food</strong> <strong>Safety</strong> Officer need not be<br />

involved in the day today prosecution <strong>of</strong> cases since he will be occupied with inspection <strong>of</strong><br />

food <strong>and</strong> taking <strong>of</strong> samples <strong>and</strong> his involvement in day-today prosecution matters would<br />

hamper performance <strong>of</strong> his duties.<br />

The Commissioner <strong>of</strong> <strong>Food</strong> <strong>Safety</strong> may determine the number, nature <strong>and</strong> categories<br />

<strong>of</strong> other <strong>of</strong>ficers <strong>and</strong> employees required for the Legal Cell in discharging its functions.<br />

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