The Food Safety and Standards Authority of India (FSSAI) on May 12, 2023, issued directions regarding enforcement of the FSSA Act, 2006, and Rules/Regulations made thereunder in respect of FBOs having central licenses.
In reference to the orders issued by the FSSAI Order No. 14 (9)2017/Authority Meeting/RCD/FSSAI dated July 06, 2021, and Letter No. RCD-02001 l1 412021 -Regulatory-FSSAI dated December 02, 2021, and to ensure effective enforcement without any jurisdictional issues between the State & the Central Food Safety Officers and keeping in view the objectives of the Act as well as overall administrative efficiency, the following directions are being laid down in the matter: -
1. All the regular inspections including for the complaints/any other references (including complaints received directly from the State Food Authorities) against the centrally licensed Food Business Operators (FBOs) shall be carried out by the Central Food Safety Officers.
2. In case the State/UT receives information regarding any Food Safety Incident Emergency against the Centrally Licensed F80s. where immediate action is required, the State Food Authorities may carry out necessary action as per the extant laws and inform the concerned Regional Director at the earliest.
3. In cases where the samples are also taken by the State FS0 during the course of such inspection/drives from the premises of the Centrally Licensed FBOs, the consequent proceedings once the lab report is received and after the appeal process (if any has attained finality i.e. the report of referral laboratory has been received) shall be undertaken by the Centrally Licensed Authority (CLA).
4. In case of VIP duties where time is of the essence and established protocols are to be followed, the State/UTs are authorized to discharge the said responsibilities, in the case of the Centrally Licensed FBOs also.
5. In regards to the launching/filing of adjudication/prosecution proceedings, the administrative structure shall be the same for both the State as well as the Central Food Safety Officers i.e. the cases shall be filed before the respective Adjudicating Officers notified by the State/UT for the concerned District and accordingly, Food Safety Appellate Tribunal established by the State/UTs shall also deal with both kinds of cases arising out of inspections by the State as well as the Central FSOs. This provision also applies to the instances wherein other Central Government Officials have been entrusted with the responsibilities of the CFSO/Central Designated Officers such as Railways, Sea Ports, and Airports.
6. The above directions shall come into force on May 12, 2023, and any actions taken before the above enforcement date shall be dealt with as per the extant provisions applicable at the time of inspection.
[Notification No. RCD-02001/14/2021-Regulatory-FSSAI(E-395)]
