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FSOs conducting searches told to strictly follow rules for such actions.
Jan 06, 2022

FSSAI has asked food safety officials conducting ‘statutory searches or inspections’ to strictly follow the rules laid down under the FSS Act for such actions. The food authority has said that going haywire will hamper the adjudication process.
 
FSSAI was in receipt of several complaints about actions taken against the food businesses where statutory inspections were carried out by the 'technical officers' and on the basis of such inspections various penal provisions as per the FSS Act including sanction for prosecution was enforced.
 
Under Section 38 of the FSS Act, the FSOs are empowered to inspect the premises of the FBOs for taking enforcement action against a defaulting FBO, as per the rules made thereunder.
 
FSSAI has asked the FSOs to carry out such actions in accordance with laid provisions so that the prosecution can be done without fail.
 
"It is advised to strictly adhere to the statutory provisions of the FSS Act and 'diligently' follow the procedure laid down under the Act and rules made thereunder while taking action against the food business operators including carrying searches, inspections and sampling so that the prosecution, adjudication cases are not vitiated due to technical and legal lacunae,'' reads the FSSAI advisory.
 
The Indian Food Authority has also clarified that the products intended for animal feed do not fall under the definition of the food  and the state food officials should ‘desist’ from sampling of such products.  
 
FSSAI issued a clarification in this regard saying, ‘that the products intended for animal feed do not fall under the definition of ‘food’ as defined under the FSS Act. Accordingly, the Commissioners of Food Safety of all states and Central licensing authorities are hereby advised to direct the food safety officials under their jurisdiction to ‘desist’ from sampling of soybean de-oiled cakes or soybean meals intended for use in poultry and animal feed while drawing samples of the products in exercise of powers conferred upon them.’
 
According to the FSSAI, it was brought to its notice that FSOs in certain states were drawing samples of soybean meals, which are specifically intended for use in the poultry and animal feed during inspection of units of soybean processors.
    
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