4. Establishment of Food Safety and Standards Authority of India.–(1) The Central Government
shall, by notification, establish a body to be known as the Food Safety and Standards Authority of India
to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The Food Authority shall be a body corporate by the name aforesaid, having perpetual succession
and a common seal with power to acquire, hold and dispose of property, both movable and immovable,
and to contract and shall, by the said name, sue or be sued.
(3) The head office of the Food Authority shall be at Delhi.
(4) The Food Authority may establish its offices at any other place in India.
5. Composition of Food Authority and qualifications for appointment of its Chairperson and
other Members.–(1) The Food Authority shall consist of a Chairperson and the following twenty-two
members out of which one-third shall be women, namely:–
(a) seven Members, not below the rank of a Joint Secretary to the Government of India, to be
appointed by the Central Government, to respectively represent the Ministries or Departments of the
Central Government dealing with–
(i) Agriculture,
(ii) Commerce,
(iii) Consumer Affairs,
(iv) Food Processing,
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(v) Health,
(vi) Legislative Affairs,
(vii) Small Scale Industries,
(viii) who shall be Members ex officio;
(b) two representatives from food industry of which one shall be from small scale industries;
(c) two representatives from consumer organisations;
(d) three eminent food technologists or scientists;
(e) five members to be appointed by rotation every three years, one each in seriatim from the
Zones as specified in the First Schedule to represent the States and the Union territories;
(f) two persons to represent farmers’ organisations;
(g) one person to represent retailers’ organisations.
(2) The Chairperson and other Members of the Food Authority shall be appointed in such a manner
so as to secure the highest standards of competence, broad range of relevant expertise, and shall
represent, the broadest possible geographic distribution within the country.
(3) The Chairperson shall be appointed by the Central Government from amongst the persons of
eminence in the field of food science or from amongst the persons from the administration who have
been associated with the subject and is either holding or has held the position of not below the rank of
Secretary to the Government of India.
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[(4) The Chairperson and the Members including part-time Members other than the ex officio
embers of the Food Authority may be appointed by the Central Government on the recommendations of
the Selection Committee.
(5) The Chairperson of the Food Authority shall not hold any other office.]
6. Selection Committee for selection of Chairperson and Members of Food Authority.–(1) The
Central Government shall, for the purpose of selection of the Chairperson and the Members other than ex
officio Members of the Food Authority, constitute a Selection Committee consisting of–
(a) Cabinet Secretary–Chairperson,
(b) Secretary-in-charge of the Ministry or the Department responsible for administration of this
Act as the convener–Member,
(c) Secretary-in-charge of the Ministries or the Departments of the Central Government dealing
with Health, Legislative and Personnel–Members,
(d) Chairman of the Public Enterprises Selection Board–Member,
(e) An eminent food technologist to be nominated by the Central Government–Member.
Explanation–For the purposes of clause (e), the Central Government shall nominate a person
from amongst persons holding the post of Director or the Head, by whatever name called, of any
national research or technical institution.
(2) The Central Government shall, within two months from the date of occurrence of any vacancy by
reason of death, resignation, or removal of the Chairperson or a Member of the Food Authority and three
months before the superannuation or completion of the term of office of the Chairperson or any Member
of that Authority, make a reference to the Selection Committee for filling up of the vacancy.
(3) The Selection Committee shall finalise the selection of the Chairperson and Members of the Food
Authority within two months from the date on which the reference is made to it.
(4) The Selection Committee shall recommend a panel of two names for every vacancy referred to it.
1. Subs. by Act 13 of 2008, s. 3, for sub-sections (4) and (5) (w.e.f. 7-2-2008).
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(5) Before recommending any person for appointment as a Chairperson or other Member of the Food
Authority, the Selection Committee shall satisfy itself that such person does not have any financial or
other interest, which is likely to affect prejudicially his functions as a Member.
(6) No appointment of the Chairperson or other Member of the Food Authority shall be invalid
merely by reason of any vacancy in the Selection Committee.
7. Term of office, salary, allowances and other conditions of service of Chairperson and
Members of Food Authority.–(1) The Chairperson and the members other than ex officio Members
shall hold office for a term of three years from the date on which they enter upon their offices, and shall
be eligible for re-appointment for a further period of three years:
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[Provided that the Chairperson shall not hold office as such after he has attained the age of sixty-five
years.]
(2) The salary and allowances payable to, and the other terms and conditions of service of the
Chairperson and Members other than ex officio Members shall be such as may be prescribed by the
Central Government.
(3) The Chairperson and every Member shall, before entering upon his office, make and subscribe to
an oath of office and of secrecy in such form and in such manner and before such authority as may be
prescribed by the Central Government.
(4) Notwithstanding anything contained in sub-section the Chairperson or any Member may–
(a) relinquish his office by giving in writing to the Central Government a notice of not less than
three months; or
(b) be removed from his office in accordance with the provisions of section 8.
(5) The Chairperson or any Member ceasing to hold office as such shall not represent any person
before the Food Authority or any State Authority in any manner.
8. Removal of Chairperson and Members of Food Authority.–(1) Notwithstanding anything
contained in sub-section (1) of section 7, the Central Government may, by order, remove from office the
Chairperson or any other Member, if the Chairperson or as the case may be, such other Member,—
(a) has been adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Central Government, involves
moral turpitude; or
(c) has become physically or mentally incapable of acting as a Member; or
(d) has acquired such financial or other interests as is likely to affect prejudicially his functions
as a Member; or
(e) has so abused his position as to render his continuance in office prejudicial to the public
interest.
(2) No Member shall be removed under clauses (d) and (e) of sub-section (1) unless he has been
given a reasonable opportunity of being heard in the matter.
9. Officers and other employees of Food Authority.–(1) There shall be a Chief Executive Officer
of the Food Authority, not below the rank of Additional Secretary to the Government of India, who shall
be the Member-Secretary of the Authority, to be appointed by the Central Government.
(2) The Food Authority may, with the approval of the Central Government, determine the number,
nature and categories of other officers and employees required to the Food Authority in the discharge of
its functions.
(3) The salaries and allowances payable to and other conditions of service of, the Chief Executive
Officer, officers, and other employees shall be such as may be specified by regulations by the Food
Authority with the approval of the Central Government.
1. Subs.by Act 13 of 2008, s. 4, for the proviso (w.e.f. 7-2-2008).
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10. Functions of the Chief Executive Officer.–(1) The Chief Executive Officer shall be the legal
representative of the Food Authority and shall be responsible for–
(a) the day-to-day administration of the Food Authority;
(b) drawing up of proposal for the Food Authority’s work programmes in consultation with the
Central Advisory Committee;
(c) implementing the work programmes and the decisions adopted by the Food Authority;
(d) ensuring the provision of appropriate scientific, technical and administrative support for the
Scientific Committee and the Scientific Panel;
(e) ensuring that the Food Authority carries out its tasks in accordance with the requirements of
its users, in particular with regard to the adequacy of the services provided and the time taken;
(f) the preparation of the statement of revenue and expenditure and the execution of the budget of
the Food Authority; and
(g) developing and maintaining contact with the Central Government, and for ensuring a regular
dialogue with its relevant committees.
(2) Every year, the Chief Executive Officer shall submit to the Food Authority for approval–
(a) a general report covering all the activities of the Food Authority in the previous year;
(b) programmes of work;
(c) the annual accounts for the previous year; and
(d) the budget for the coming year.
(3) The Chief Executive Officer shall, following adoption by the Food Authority, forward, the
general report and the programmes to the Central Government and the State Governments and shall have
them published.
(4) The Chief Executive Officer shall approve all financial expenditure of the Food Authority and
report on the Authority’s activities to the Central Government.
(5) The Chief Executive Officer shall exercise the powers of the Commissioner of Food Safety while
dealing with matters relating to food safety of such articles.
(6) The Chief Executive Officer shall have administrative control over the officers and other
employees of the Food Authority.
11. Central Advisory Committee.–(1) The Food Authority shall, by notification, establish a
Committee to be known as the Central Advisory Committee.
(2) The Central Advisory Committee shall consist of two members each to represent the interests of
food industry, agriculture, consumers, relevant research bodies and food laboratories and all
Commissioners of Food Safety, and the Chairperson of the Scientific Committee shall be ex officio
member.
(3) The representatives of the concerned Ministries or Departments of the Central Government in
Agriculture, Animal Husbandry and Dairying, Bio-technology, Commerce and Industry, Consumer
Affairs, Environment and Forests, Food Processing Industries, Health, Panchayati Raj, Small Scale
Industries and Food and Public Distribution or government institutes or organisations and government
recognised farmers’ shall be invitees to the deliberations of the Central Advisory Committee.
(4) The Chief Executive Officer shall be ex officio Chairperson of the Central Advisory Committee.
(5) The Central Advisory Committee shall follow such rules of procedure including its transaction of
business as may be specified by regulations.
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12. Functions of Central Advisory Committee.–(1) The Central Advisory Committee shall ensure
close cooperation between the Food Authority and the enforcement agencies and organisations operating
in the field of food.
(2) The Central Advisory Committee shall advise the Food Authority on–
(a) the performance of its duties under this section and in particular in drawing up of a proposal
for the Food Authority’s work programme,
(b) on the prioritisation of work,
(c) identifying potential risks,
(d) pooling of knowledge, and
(e) such other functions as may be specified by regulations.
(3) The Central Advisory Committee shall meet regularly at the invitation of the Chairperson of
Central Advisory Committee or at the request of at least one-third of its members, and not less than three
times a year.
13. Scientific Panels.–(1) The Food Authority shall establish scientific panels, which shall consist of
independent scientific experts.
(2) The Scientific Panel shall invite the relevant industry and consumer representatives in its
deliberations.
(3) Without prejudice to the provisions of sub-section (1), the Food Authority may establish as many
Scientific Panels as it considers necessary in addition to the Panels on:
(a) food additives, flavourings, processing aids and materials in contact with food;
(b) pesticides and antibiotics residues;
(c) genetically modified organisms and foods;
(d) functional foods, nutraceuticals, dietetic products and other similar products;
(e) biological hazards;
(f) contaminants in the food chain;
(g) labelling; and
(h) method of sampling and analysis.
(4) The Food Authority may from time to time re-constitute the Scientific Panels by adding new
members or by omitting the existing members or by changing the name of the panel as the case may be.
14. Scientific Committee.–(1) The Food Authority shall constitute Scientific Committee which shall
consist of the Chairpersons of the Scientific Panels and six independent scientific experts not belonging or
affiliated to any of the Scientific Panels.
(2) The Scientific Committee shall be responsible for providing the scientific opinions to the Food
Authority, and shall have the powers, where necessary, of organising public hearings.
(3) The Scientific Committee shall be responsible for the general co-ordination necessary to ensure
consistency of the scientific opinion procedure and in particular with regard to the adoption of working
procedures and harmonisation of working methods of the Scientific Panels.
(4) The Scientific Committee shall provide opinions on multi-sectoral issues falling within the
competence of more than one Scientific Panel, and on issues which do not fall within the competence of
any of the Scientific Panels.
(5) Wherever necessary, and particularly, in the case of subjects which do not fall within the
competence of any of the Scientific Panel, the Scientific Committee shall set up working groups and in
such cases, it shall draw on the expertise of those working groups when establishing scientific opinions.
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15. Procedure for Scientific Committee and Scientific Panel.–(1) The members of the Scientific
Committee, who are not members of the Scientific Panel and the members of the Scientific Panel shall be
appointed by the Food Authority, for a period of three years, which shall be renewable for such period,
and the vacancy notice shall be published in the relevant leading scientific publications and on the Food
Authority’s website for a call for expressions of interest.
(2) The Scientific Committee and the Scientific Panel shall each choose a Chairperson from amongst
their members.
(3) The Scientific Committee and the Scientific Panel shall act by a majority of their members and the
views of the members shall be recorded.
(4) The procedure for the operation and co-operation of the Scientific Committee and the Scientific
Panel shall be specified by regulations.
(5) These procedures shall relate in particular to–
(a) The number of times that a member can serve consecutively on a Scientific Committee or
Scientific Panel;
(b) the number of members in each Scientific Panel;
(c) the procedure for re-imbursing the expenses of members of the Scientific Committee and the
Scientific Panel;
(d) the manner in which tasks and requests for scientific opinions are assigned to the Scientific
Committee and the Scientific Panel;
(e) The creation and organisation of the working groups of the Scientific Committee and the
Scientific Panel, and the possibility of external experts being included in those working groups;
(f) The possibility of observers being invited to meetings of the Scientific Committee and the
Scientific Panel;
(g) The possibility of organising public hearings; and
(h) Quorum of the meeting, meeting notice, agenda of the meeting and such other matters.
16. Duties and functions of Food Authority.–(1) It shall be the duty of the Food Authority to
regulate and monitor the manufacture, processing, distribution, sale and import of food so as to ensure
safe and wholesome food.
(2) Without prejudice to the provisions of sub-section (1), the Food Authority may by regulations
specify–
(a) the standards and guidelines in relation to articles of food and specifying an appropriate
system for enforcing various standards notified under this Act;
(b) the limits for use of food additives, crop contaminants, pesticide residues, residues of
veterinary drugs, heavy metals, processing aids, myco-toxins, antibiotics and pharmacological active
substances and irradiation of food;
(c) the mechanisms and guidelines for accreditation of certification bodies engaged in
certification of food safety management systems for food businesses;
(d) the procedure and the enforcement of quality control in relation to any article of food
imported into India;
(e) the procedure and guidelines for accreditation of laboratories and notification of the accredited
laboratories;
(f) the method of sampling, analysis and exchange of information among enforcement authorities;
(g) conduct survey of enforcement and administration of this Act in the country;
(h) food labelling standards including claims on health, nutrition, special dietary uses and food
category systems for foods; and
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(i) the manner in which and the procedure subject to which risk analysis, risk assessment, risk
communication and risk management shall be undertaken.
(3) The Food Authority shall also–
(a) provide scientific advice and technical support to the Central Government and the State
Governments in matters of framing the policy and rules in areas which have a direct or indirect
bearing on food safety and nutrition;
(b) search, collect, collate, analyse and summarise relevant scientific and technical data
particularly relating to–
(i) food consumption and the exposure of individuals to risks related to the consumption of
food;
(ii) incidence and prevalence of biological risk;
(iii) contaminants in food;
(iv) residues of various contaminants;
(v) identification of emerging risks; and
(vi) introduction of rapid alert system;
(c) promote, co-ordinate and issue guidelines for the development of risk assessment
methodologies and monitor and conduct and forward messages on the health and nutritional risks of
food to the Central Government, State Governments and Commissioners of Food Safety;
(d) provide scientific and technical advice and assistance to the Central Government and the State
Governments in implementation of crisis management procedures with regard to food safety and to
draw up a general plan for crisis management and work in close co-operation with the crisis unit set
up by the Central Government in this regard;
(e) establish a system of network of organisations with the aim to facilitate a scientific cooperation framework by the co-ordination of activities, the exchange of information, the development
and implementation of joint projects, the exchange of expertise and best practices in the fields within
the Food Authority’s responsibility;
(f) provide scientific and technical assistance to the Central Government and the State
Governments for improving co-operation with international organisations;
(g) take all such steps to ensure that the public, consumers, interested parties and all levels of
panchayats receive rapid, reliable, objective and comprehensive information through appropriate
methods and means;
(h) provide, whether within or outside their area, training programmes in food safety and
standards for persons who are or intend to become involved in food businesses, whether as food
business operators or employees or otherwise;
(i) undertake any other task assigned to it by the Central Government to carry out the objects of
this Act;
(j) contribute to the development of international technical standards for food, sanitary and phytosanitary standards;
(k) contribute, where relevant and appropriate to the development of agreement on recognition of
the equivalence of specific food related measures;
(l) promote co-ordination of work on food standards undertaken by international governmental
and non-governmental organisations;
(m) promote consistency between international technical standards and domestic food standards
while ensuring that the level of protection adopted in the country is not reduced; and
(n) promote general awareness as to food safety and food standards.
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(4) The Food Authority shall make it public without undue delay–
(a) the opinions of the Scientific Committee and the Scientific Panel immediately after adoption;
(b) the annual declarations of interest made by members of the Food Authority, the Chief
Executive Officer, members of the Advisory Committee and members of the Scientific Committee
and Scientific Panel, as well as the declarations of interest if any, made in relation to items on the
agendas of meetings;
(c) the results of its scientific studies; and
(d) the annual report of its activities.
(5) The Food Authority may, from time to time give such directions, on matters relating to food safety
and standards, to the Commissioner of Food Safety, who shall be bound by such directions while
exercising his powers under this Act.
(6) The Food Authority shall not disclose or cause to be disclosed to third parties confidential
information that it receives for which confidential treatment has been requested and has been acceded,
except for information which must be made public if circumstances so require, in order to protect public
health.
17. Proceedings of Food Authority.–(1) The Food Authority shall meet at the head office or any of
its offices at such time as the Chairperson may direct, and shall observe such rules of procedure in regard
to the transaction of business at its meetings (including the quorum at its meetings) as may be specified by
regulations.
(2) If the Chairperson is unable to attend a meeting of the Food Authority, any other Member
nominated by the Chairperson in this behalf and, in the absence of such nomination or where there is no
Chairperson, any Member chosen by the Members present from amongst themselves, shall preside at the
meeting.
(3) All questions which come up before any meeting of the Food Authority shall be decided by a
majority of votes of the Members present and voting, and in the event of an equality of votes, the
Chairperson or the person presiding over the meeting shall have the right to exercise a second or casting
vote.
(4) All orders and decisions of the Food Authority shall be authenticated by the Chief Executive
Officer.
(5) The Chief Executive Officer shall take part in the meetings of the Food Authority but without a
right to vote.
(6) The Food Authority may invite the Chairperson of the Scientific Committee to attend its meetings
but without a right to vote.
(7) No act or proceedings of the Food Authority shall be questioned or invalidated merely on the
ground of existence of any vacancy or defect in the constitution of Food Authority.