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Sections 32 & 38 of FSS Act may be used in conjunction & harmoniously: FSSAI.
Mar 09, 2022

Food Safety and Standards Authority of India (FSSAI), has stated that the food safety officers can, if required, take the samples of the ‘concerned food article’ even in case of ‘improvement notices’ served to the food businesses under Section 32 of the FSS Act.
 
The FSSAI has stated that the two enforcement sections of 32 (improvement notice), and 38 (drawing of statutory samples of the food article), of the FSS Act may be used in ‘conjunction and harmoniously’, if required.
 
The food authority earlier had clarified that under Section 32 (improvement notices), the lifting and analysis of food samples is not mandatory. Especially when grounds of non-compliance are evident from the product label, advertisement, or when the composition of the said product is not under challenge.  
 
It was also clarified earlier that such food businesses may be granted reasonable time to suitably improve/modify their product label, rectify the advertisement, to strictly comply with the relevant regulatory provisions, failing which further enforcement action shall be initiated against such FBOs as per the provisions under the FSS Act.
 
The objective was to avoid inordinate delay in matters which do not involve food safety and avoiding unnecessary burden on the adjudication system of the states.
 
Now the Food Authority has clarified that these earlier clarifications do not bar the food safety officers from taking samples for analysis.
 
“It is hereby further clarified that the said decision (taken in the 33rd CAC meet regarding improvement notice under section 32 of FSS Act), in no manner bars, or restrict the exercise of powers of Food Safety Officers to lift statutory samples under section 38 of the FSS Act to initiate legal/ statutory proceedings under the Act,” reads the FSSAI notice.
 
The FSSAI has asked the state food authorities that the two sections of 32 (improvement notice), and 38 (drawing of statutory samples), may be used in ‘conjunction and harmoniously’.
    
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