Food Safety and Standards Act - PRS

Responsihllitiaof the tbodbilsinessoperator.Liability ofthemanufacturers,distributorsand sellers.26. (1) Every food Susiness operator shall ensure that the articles of food satisfy therequirements of this Act and the rules anc! regulations made thereunder at all stages ofproduction, processing, import, distribution and sale within the businesses under his control. 5-(2) No food business operator shall himse!f or by any person on his behalf manufacture,store, sell or distribute any article of food--(i)which is unsafe ; orjii) which is misbranded or sub-standard or contains extraneous matter; or(iii) for which a licence is required, except in accordance with the conditions of l athe licence; or(iv) which is for the time being prohibited by the Food Authority or the CentralGovernment or the state Government in the interest of public health; or(vj in contravention ofany othe~ provision ofthis Act or of any rule or regulationmade thereunder.(2) ?u'o food business operator shall enploy mi person who is suffering from infectious,contagious or loathsome disease.(4) No food business operator shall sell or offer for sale any article of f~od to anyvendor unless he also give a guarantee in writing in the form specified by regulations aboutthe cature and quality of such article to the vendor : 20Provided that a bili, cash memo, or invoice in respect of the sale of any article of foodgiven by a food bl~siness operator to rhe vendor sha!! be deemed to he a guararltee anderrhis sectioil, even if a guarantee in the specified fonn is not included in the bill. casr: memo orinvoice.(5) Wbere any food which is unsafe is part of a batch, lot or consignment of food of the 25saw ciass or description, it shall be presumed that all the food in that batch, lot or consignmentis also unsafe, unless following a detaiicd assessment within a specified time, it is found thatthere iq no evidence that the rest of the batch, !ot or consignment is unsafe:Provided that any conformity of a food with specific provisions applicable to thatfood shal! be without prejudice to the competent authcrities taking appropriate measures to 30impose restrictions on that food being placed on the market or to requlre its withdrawal fromthe market fa: the reasons to be recorded in writing where such authorities suspect that,despite the conformit?, the food is unsafe.27. (1) The manufacturer ofan article of food shall be liable for such article of food ifit does not meet the requiremeats of this Act and the rules and regulations made thereunder. 35(2) The distributor shall be liable under this Act for any article of food which is-or(a) supplied after the date of its expiry or which is likely to expire; or(6) stored or supplied in violation of the safety instrictions of the manufacturer;(c) misbranded, or(4) unidentifiable of manufacturer from whom the artic!e of food have beenreceived; cr(e) stored or handled or kept in violation of the provisions of this Act, the rulesand regulations made thereunder.1F