Privacy Policy

THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
(59 OF 1960)
(26th December, 1960)
AN ACT
To prevent the infliction of unnecessary pain or suffering on animals and for that purpose to
amend the law relating to the prevention of cruelty to animals.
Be it enacted by Parliament in the Eleventh year of the Republic of India as follows:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement :
(1) This Act may be called the Prevention of Cruelty to Animals Act, 1960.
(2) It extends to the whole of India except the State of Jammu and Kashmir. ,
(3) It shall come into force on such date as the Central Government may, by notification
in the official Gazette, appoint, and different dates may be appointed for different
States and for the different provisions comained in this Act.
2. Definitions : In this Act, unless the context otherwise. requires,
(a) “animal” means any living creature other than a human being,
(b) “Board” means the Board established under Section 4. and as reconstituted from time to
time under Section 5A]
(c) “captive animal” means any animal (not being a domestic animal) which is in capacity or
confinement, whether permanent or temporary, or which is subjected to any appliance of
contrivance for the purpose of hindering or preventing its escape from captivity or
confinement or which is pinioned or which is or appears to be. maimed;
(d) “domestic animal” means any animal which is tamed or which has been or is being
sufficiently tamed to serve some purpose for the use of man or which, although it neither
has been nor is intended to be so tamed, is or has become in fact wholly or partly tamed-,
(e) “local authority” means a municipal committee, district board or other authority for the
time being invested by law with the control and administration of any matters within a
specified local area;
(f) “owner”, used with reference to an animal, includes not only the owner but also any other
person for the time being in possession or custody of the animal, whether with or without
the consent of the owner.
(g) “phooka” or “doom dev” includes any process of introducing air or any substance into the
female organ of a milch animal with the object of drawing off from the animal any
secretion of milk;
(h) “prescribed” means prescribed by Rules made under this Act;
(i) “street” includes any way, road, lane, square, court, alley, passage or open space, whether
a thoroughfare or not to which the public have access.
3. Duties of persons having charge of animals : It shall be the duty of every person having the
care or charge of any animal to take all reasonable measures to ensure the well-being of such
animal and to prevent the infliction upon such animal of unnecessary pain or suffering.
4
CHAPTER II
2(ANIMAL WELFARE BOARD OF INDIA)
4. Establishment of Animal Welfare Board of India :
(1) For the promotion of animal welfare generally and for the purpose of protecting animals
from being subjected to unnecessary pain or suffering, in particular, there shall be
established by the Central Government, as soon as may be after the commencement of
this Act, a Board to be called the 3(Animal Board of India.)
(2) The Board, shall be a body corporate having perpetual succession and a common seal
with power, subject to the provisions of this Act, to acquire, hold and dispose of property
and may by its name sue and be sued.
5. Constitution of the Board :
(1) The Board shall consist of the following persons, namely:
(a) the Inspector General of Forests, Government of India, ex-officio,
(b) the Animal Husbandry Commissioner to the Government of India, ex-officio;
4(ba) two persons to represent respectively the Ministries of the Central Government
dealing with Home Aff airs and Education, to be appointed by the Central Government;
(bb) one person to represent the Indian Board for Wild Life, to be appointed by the Central
Government;
(bc) three persons who, in the opinion of the Central Government, are or have been actively
engaged in animal welfare work and are well-known humanitarians, to be nominated by
the Central Government;)
(c) one person to represent such association of veterinary practitioners as in the opinion of
the Central Government ought to be represented on the Board, to be elected by that
association in the prescribed manner;
(d) two persons to represent practitioners of modern and indigenous systems of medicine, to
be nominated by the Central Government;
5[(e) one person to represent each of such two municipal corporations as in the opinion of the
Central Government ought to be represented on the Board, to be elected by each of the
said corporations in the prescribed manner
(f) one person to represent each of such three organisations actively interested in animal
welfare as in the opinion of the Central Government ought to be represented on the
Board, to be chosen by each of the said organisations in the prescribed manner;
(g) one person to represent each of such three societies dealing with prevention of cruelty to
animal as in the opinion of the Central Government ought to be represented on the Board,
to be chosen, in the prescribed manner;
(h) three persons to be nominated by the Central Government,
(i) six Members of Parliament, four to be elected by the House of the People (Lok Sabha)
and two by the Council of States (Rajya Sabha).
(2) Any of the persons referred to in clause 9a) or 6[clause (b) or clause (ba) or clause (bb) of
sub-section (1) may depute any other person to attend any of the meetings of the Board.
7[(3) The Central Government shall nominate one of the members of the Board to be its
Chairman and another member of the Board to be its Vice-Chairman.)
5A. Reconstitution of the Board : 8[5.A (1) In order that the Chairman and other members
of the Board hold off ice till the same date and that their terms of off ice come to an end
on the same date, the Central Government may, by notification in the Official Gazette,
reconstitute, as soon as may be after the Prevention of Cruelty to Animals (Amendment)
Act, 1982 comes into force, the Board.
5
(2 ) The Board as reconstituted under sub-section (1) shall be reconstituted from time to time
on the expiration of every third year, from the date of its reconstitution under sub-section
(1).
(3) There shall be included amongst the members of the Board reconstituted under subsection (1), all persons who immediately before the date on which such reconstitution is
to take effect, are Members of the Board but such persons shall hold office only for the
unexpired portion of the term for which they would have held office if such reconstitution
had not been made and the vacancies arising as a result of their ceasing to be Members of
the Board shall be filled up as casual vacancies for the remaining period of the term of
the Board as so reconstituted:
Provided that nothing in this sub-section shall apply in relation to any person who ceases
to be member of the Board by virute of the amendment made in sub-section (1) of
section 5 by sub-clause (ii) of clause (a) of section 5 of the Prevention of Cruelty to
Animals (Amendement) Act, 1982).
96. Term of off ice and conditions of service of Members of the Board : (1) The term for
which the Board may be reconstituted under section 5A shall be three years from the date
of the reconstitution and the Chairman and other Members of the Board as so
reconstituted shall hold office till the expiry of the term for which the Board has been so
reconstituted.
(2) Notwithstanding anything contained in sub-section (1):
(a) the term of office of an ex-officio Member shall continue so long as he holds the off ice
by virtue of which he is such a Member;
(b) the term of off ice of a Member elected or chosen under clause (c), clause (e), clause (g),
clause (h) or clause (i) of section 5 to represent anybody of persons shall come to an end
as soon as he ceases to be a Member of the body which elected him or in respect of
which he was chosen;
(c) the term of office of a Member appointed, nominated, elected or chosen to fill a casual
vacancy shall continue for the remainder of the term of office of the Member in whose
place he is appointed, nominated, elected or chosen; (d) the Central Government may, at
any time, remove for reasons to be recorded in writing a member from office after giving
him a reasonable opportunity of showing cause against the proposed removal and any
vacancy caused by such removal shall be treated as casual vacancy for the purpose of
clause (c).
(3) ‘The members of the Board shall receive such allowance, if any, as the Board may, ubject
to the previous approval of the Central Government, provided by regulations made in this
behalf,
(4) No act done or proceeding taken by the Board shall be questioned on the ground merely
of the existence of any vacancy in, or defect in the constitution of the Board and in
particular, and without prejudice to the generality of the foregoing, during the period
intervening between the expiry of the term for which the Board has been reconstituted
under section 5A and its further reconstitution under that section, the ex-officio members
of the Board shall discharge all the powers and function of the Board.)
7. Secretary and other employees of the Board :
(1) The Central Government shall appoint 10xxxxx the Secretary of the Board.
(2) Subject to such rules as may be made by the Central Government in this behalf, the
Board may appoint such number of other officers and employees as may be necessary for
the exercise of its powers and the discharge of its functions and may determine the terms
and conditions of service of such officers and other employees by regulations made by it
with the previous approval of the Central Government.
8. Funds of the Board : The funds of the Board shall consist of grants made to it from time to
Board time by the Government and of contributions, subscriptions, bequests, gifts and the
like made to it by any local authority or by any other person.
6
9. Functions of the Board :The functions of the Board shall be Board
(a) to keep the law in force in, India for the prevention of cruelty to animals under constant
study and advise the Government on the amendments to be undertaken in any such law
from time to time;
(b) to advise the Central Government on the making of rules under this Act with a view to
preventing unnecessary pain or suffering to animals generally, and more particularly
when they are being transported from one place to another or when they are used as
performing animals or when they are kept in captivity or confinement;
(c) to advise the Government or any local authority or other person on improvements in the
design of vehicles so as to lessen the burden on draught animals;
(d) to take all such steps as the Board may think fit for 11(amelioration of animals) by
encouraging or providing for, the construction of sheds, water-troughs and the like and by
providing for veterinary assistance to animals:
(e) to advise the Government or any local authority or other person in the design of
slaughter-houses or the maintenance of slaughter houses or in connection with slaughter
of animals so that unnecessary pain or suffering, whether physical or mental, is
eliminated in the pre-slaughter stages as far as possible, and animals are killed; wherever
necessary, in as humane a manner as possible;
(f) to take all such steps as the Board may think fit to ensure that unwanted animals are
destroyed by local authorities, whenever it is necessary to do so, either instantaneously or
after being rendered insensible to pain or suffering.
(g) to encourage by the grant of financial assistance or otherwise, 12(the formation or
establishment of pinjrapoles, rescue homes, animal shelters, sanctuaries and the like)
where animals and birds may find a shelter when they have become old and useless or
when they need protection:
(h) to co-operate with, and co-ordinate the work of, associations or bodies established for the
purpose of preventing unnecessary pain or suffering to animals or for the protection of
animals and birds;
(i) to give financial and other assistance to animal welfare organizations functioning in any
local area or to encourage the formation of animal welfare organisations in any local area
which shall work under the general supervision and guidance of the Board;
(j) to advise the Government on matters relating to the medical care and attention which may
be provided in animal hospital, and to give financial and other assistance to animal
hospitals whenever the Board thinks it necessary to do so;
(k) to impart education in relation to the humane treatment of animals and to encourage the
formation of public opinion against the infliction of unnecessary pain or suffering to
animals and for the promotion of animal welfare by means of lectures, books, posters,
cinematographic exhibitions and the like;
(l) to advise the Government on any matter connected with animal welfare or the prevention
of infliction of unnecessary pain or suffering on animals.
10. Power of Board to make regulations : The Board may, subject to the previous approval of
the Central Government, make such regulations as it may think fit for the administration of
its affairs and for carrying out its functions.
7
CHAPTER III
CRUELTY TO ANIMALS GENERALLY
11. Treating animals cruelly : (1) If any person
(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so
as to subject it to unnecessary pain or suffering or causes, or being the owner permits, any
animal to be so treated; or
(b) 13(employs in any work or labour or for any purpose any animal which, by reason of its
age or any disease) infirmity; wound, sore or other cause, is unfit to be so employed or,
being the owner, permits any such unfit animal to be employed; or
(c) wilfully and unreasonably administers any injurious drug or injurious substance to 14(any
animal) or wilfully and unreasonably causes or attempts to cause any such drug or
substance to be taken by 15(any animal;) or
(d) conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or
position as to subject it to unnecessary pain or suffering; or \
(e) keeps or confines any animal in any -cage or other receptacle which does not measure
sufficiently in height, length and breadth to permit the animal a reasonable opportunity
for movement; or
(f) keeps for an unreasonable time any animal chained or tethered upon an unreasonably
short or unreasonably heavy chain or cord; or
(g) being the owner, neglects to exercise or cause to be exercised reasonably any dog
habitually chained up or kept in close confinement; or
(h) being the owner of (any animal) fails to provide such animal with sufficient food, drink
or shelter; or
(i) without reasonable cause, abandons any animal in circumstances which tender it likely
that it will suffer pain by reason of starvation thirst; or
(j) wilfully permits any animal, of which he is the owner, to go at large in any street, while
the animal is affected with contagious or infectious disease or, without reasonable excuse
permits any diseased or disabled animal, of which he is the owner, to die in any street; or
(k) offers for sale or without reasonable cause, has in his possession any animal which is
suffering pain by reason of mutilation, starvation, thirst, overcrowding or other
illtreatment; or
16{(1) mutilates any animal or kills any animal (including stray dogs) by using the method of
strychnine injections, in the heart or in any other unnecessarily cruel manner or;)
17{(m) solely with a view to providing entertainment
(j) confines or causes to be confined any animal (including tying of an animal as a bait in a
tiger or other sanctuary) so as to make it an object or prey for any other animal; or
(n) 18[xxxx] organises, keeps uses or acts in the management or, any place for animal fighting
or for the purpose of baiting any animal or permits or offers any place to be so used or
receives money for the admission of any other person to any place kept or used for any
such purposes; or
(o) promotes or takes part in any shooting match or competition wherein animals are released
from captivity for the purpose of such shooting:
he shall be punishable 19(in the case of a first offence, with fine which shall not be
less than ten rup6es but which may extend to fifty rupees and in the case of a
second or subsequent offence committed within three years of the previous offence,
with fine which shall not be less than twenty-five rupees but which may extend, to one
8
hundred rupees or with imprisonment for a term which may extend, to three
months, or with both.]
(2) For the purposes of section (1) an owner shall be deemed to have committed an offence
if he has failed to exercise reasonable care and supervision with a view to the prevention
of such offence;
Provided that where an owner is convicted permitting cruelty by reason only of having
failed to exercise such care and supervision, he shall not be liable to imprisonment
without the option of a fine.
(3) Nothing in this section shall apply to –
(a) the dehorning of cattle, or the castration or branding or noseroping of any animal in the
prescribed manner, or
(b) the destruction of stray dogs in lethal chambers 20[by such other methods as may be
prescribed] or
(c) the extermination or destruction of any animal under the authority of any law for the time
being in force; or
(d) any matter dealt with in Chapter IV; or
(e) the commission or omission of any act in the course of the destruction or the
preparation for destruction of any animal as food for mankind unless such destruction or
preparation was accompanied by the infliction of unnecessary pain or suffering.
12. Penalty for practising phooka or doom dev : If any persons upon any cow or other milch
animal the operation called practising phooka or 21[doom dev or any other operation
(including injection of any or doom dev. substance) to improve lactation which is injurious to
the health of the animal] or permits such operation being performed upon any such animal in
his possession or under his control, he shall be punishable with fine which may extend to one
thousand rupees, or with imprisonment for a term which may extend to two years, or with
both, and the animal on which the operation was performed shall be forfeited to the
Government.
13. ‗Destruction of suffering animals‘ :
(1) Where the owner of an animal is convicted of an offence under section 11, it shall be
lawful for the court, if the court is satisfied that it would be cruel to keep the animal alive,
to direct that the animal be destroyed and to assign the animals to any suitable person for
that purpose, and the person to whom such animal is so assigned shall as soon as
possible, destroy such animal or cause such animal to be destroyed in his presence
without unnecessary suffering: and any reasonable expense incurred in destroying the
animal may be ordered by the court, if the court is satisfied that it would be cruel to keep
the animal alive, to direct that the animal be destroyed and to assign the animal to any
reasonable expense incurred in destroying the animal mal be ordered by the court to be
recovered from the owner as if it were a fine:
Provided that unless the owner assents thereto, no order shall be made under this section
except upon the evidence of a veterinary officer in charge of the area.
(2) When any magistrate, commissioner of police or district superintendent of police has
reason to believe that an offence under section 11 has been committed in respect of any
animal, he may direct the immediate destruction of the animal, if in his opinion, it would
be cruel to keep the animal alive.
(3) Any police officer above the rank of a constable or any person authorised by the State
Government in this behalf who finds any animal so diseased or so severely injured or in
such a physical condition that in his opinion it cannot be removed without cruelty, may, if
the owner is absent or refuses his consent to the destruction of the animal, forth with
summon the veterinary officer in charge of the area in which the animal is found, and if
9
the veterinary officer certifies that the animal is mortally injured or so severely injured or
in such a physical condition that it would be cruel to keep it alive, the police officer or the
person authorised, as the case may be, may, after obtaining orders from a magistrate,
destroy the animal injured or cause it to be destroyed; 22(in such manner as may be
prescribed)
(4) No appeal shall lie from any order of a magistrate for the destruction of an animal.
CHAPTER IV
EXPERIMENTATION OF ANIMALS
14. Experiments on animals : Nothing contained in this Act shall render unlawful the
performance of experiments (including) experiments involving operations) on animals for the
purpose of advancement by new discovery of physiological knowledge or of knowledge
which will be useful for saving or for prolonging life or alleviating suffering or for
combating any disease, whether of human beings, animals or plants.
15. Committee for control and supervision of experiments on animals :
(1) If at any time, on the advice of the Board, the Central Government is of opinion that it is
necessary so to do for the purpose of controlling “and supervising experiments on
animals it may be notification in the Official Gazette
Constitute a Committee consisting of such number of officials and non-officials, as it
may think fit to appoint thereto.
(2) The Central Government shall nominate one of the Members of the Committee to be its
Chairman.
(3) The Committee shall have power to regulate its own Procedure in relation to the
performance of its duties.
(4) The funds of the Committee shall consist of grants made to it from time to time by the
Government and of contributions, donations, subscriptions, bequests, gifts and the like
made to it by any person.
23[15A. Sub-Committee :
(1) The Committee may constitute as many sub-committees as it thinks fit for exercising any
power or discharging any duty of the Committee or for nquiring into or reporting and
advising on any matter which the Committee may refer.
(2) A sub-committee shall consist exclusively of the Members of the Committee.)
16. Staff of the Committee : Subject to the control of the Central Government, the Committee
may committee appoint such number of officers and other employees as may be necessary to
enable it to exercise ills powers and perform its duties and may determine the remuneration
and other terms and conditions of service of such officers and other employees.
17. Duties of the Committee and power of the Committee to make rules relating to
experiments on animals : (1) It shall be the duty of the Committee to take all such measures
as may be necessary to ensure that animals are not subjected to unnecessary pain or suffering
before, during or after the performance of experiments on them, and for the purpose it may,
by notification in the Gazette of India and subject to the condition of previous publication,
make such rules as it may think fit in animals relation to the conduct of such experiments.
24[(lA) In particular, and without prejudice to the generality to the foregoing power, such rules
may provide for the following matters namely:
10
(a) the registration of persons or institutions carrying on experiments on animals;
(b) the reports and other information which shall be forwarded to the Committee by persons
and institutions carrying on experiments or, animals.]
(2) In particular, and without prejudice to the generality of the foregoing power, rules made
by the Committee shall be designed to secure the following objects, namely:
(a) that in cases where experiments are performed in any institution, the responsibility
therefore is placed on the person in charge of the institution and that, in cases where
experiments are performed outside an institution by individuals, the individuals, are
performed outside an institution by individuals, the individuals, are qualified in that
behalf and the experiments are performed on their full responsibility;
(b) that experiments are performed with due care and humanity and that as far as possible
experiments involving operations are performed under the influence of some anaesthetic
of sufficient power to prevent the animals feeling pain;
(c) that animals which, in the course of experiments under the influence of anaesthetics, are
so injured that their recovery would involve serious suffering, are ordinarily destroyed
while still insensible;
(d) that experiments on animals are avoided wherever it is possible to do so; as for example;
in medical schools, hospitals, colleges and the like, if other teaching devices such as
books, models, films and the. like, may equally suffice;
(e) that experiments on larger animals are avoided when it is possible to achieve the same
results by experiments upon small laboratory animals like guinea-‘pigs, rabbits, frogs and
rats;
(f) that, as far as possible, experiments are not performed merely for the purpose of
acquiring manual skill;
(g) that animals intended for the performance of experiments are properly looked after both
before and after experiments;
(h) that suitable records are maintained with respect to experiments performed on animals
(3) In making any rules under this section, the Committee shall be guided by such directions
as the Central Government (consistently with the objects for which the Committee is set
up) may give to it, and the Central Government is hereby authorised to give such
direction.
(4) All rules made by the Committee shall be binding on all individuals performing
experiments outside institutions and on persons incharge of institutions in which
experiments are performed.
18. Power of entry and inspection : For the purpose of ensuring that the rules made by it are
being complied and with the Committee may authorise any of its officers or any other person
in writing to inspect any institution or place where experiments are being carried on and
report to it as a result of such inspection, and any officer or person so authorised may-
(a) enter at any time considered reasonable by him and inspect any institution or place in
which experiments on animals are being carried on; and
(b) require any person to produce any record kept by him with respect to experiments on
animals.
19. Power to prohibit experiments on animals : If the Committee is satisfied, on the report of
any officer or other person made to it as a result of any inspection under section 18 or
otherwise that the rules made by it under section 17 are not being animals the Committee
11
may, after giving an opportunity to the person or institution carrying on experiments on
animals; the Committee may, after giving an opportunity to the person or institution of being
heard in the matter, by order, prohibit the person or institution from carrying on any such
experiments either for a specified period or indefinitely, or may allow the person or
institution to carry on such experiments subject to such special conditions as the Committee
may think fit to impose.
20. Penalties : If any person-
(a) contravenes any order made by the Committee under section 19; or
(b) commits a breach of any condition imposed by the Committee under that section:
he shall be punishable with fine which may extend to two hundred rupees, and, when the
contravention or breach of condition has taken place in any institution the person
incharge of the institution shall be deemed to be guilty of the offence and shall be
punishable accordingly.
CHAPTER V
PERFORMING ANIMALS
21. ―Exhibit‖ and ―train‖ defined : In this Chapter, ” exhibit” means exhibit or any
entertainment to which the public are admitted through sale of tickets, and “train” means train
for the purpose of any such exhibition, and the expressions “exhibitor” and “trainer” have
respectively the corresponding meanings.
22. Restriction on exhibition and training of performing animals : No person shall exhibit or
train
(i) any performing animal unless he is registered in accordance with the provisions of this
Chapter;
(ii) as a performing animal, any animal which the Central Government may, by notification
in the official gazette, specify as an animal which shall not be exhibited or trained as a
performing animal.
23. Procedure for registration :
(1) Every person desirous of exhibiting or training any performing animal shall, on making
an application in the prescribed form to the prescribed authority and on payment of the
prescribed fee, be registered under this Act unless he is a person who, by reason of an
order made by the court under this Chapter, is not entitled to be so registered.
(2) An application for registration under this Chapter shall contain such particulars as to the
animals and as to the general nature of the performances in which the animals are to be
exhibited or for which they are to be trained as may be prescribed, and the particulars so
given shall be entered in the register maintained by the prescribed authority.
(3) The prescribed authority shall give to every person whose name appears on the register
kept by them, a certificate of registration in the prescribed form containing the particulars
entered in the register.
(4) Every register kept under this Chapter shall at all reasonable times be open for inspection
on payment of the prescribed fee, and any person shall, on payment of the prescribed fee,
be entitled to obtain copies thereof or make extracts therefrom.
(5) Any person whose name is entered in the register shall, subject to the provisions of any
order made under this Act by any court, be entitled, on making an application for the
purpose, to have the particulars entered in the register with respect to him varied, and
where any such particulars are so varied, the existing certificate shall be cancelled and a
new certificate issued.
12
24. Power of court to prohibit or restrict exhibition and training of performing animals
(1) Where it is proved to the satisfaction of any magistrate on a complaint made by a police
officer or an officer authorised in writing by the prescribed authority referred to in section
23, that the training or exhibition of any performing animals has been accompanied by
unnecessary pain or suffering and should be prohibited or allowed only subject to
conditions, the court may make an order against the person in respect of whom the
complaint is made, prohibiting the training or exhibition or imposing such conditions in
relation thereto, as may be specified by the order.
(2) Any court by which an order is made under this section, shall cause a copy of the order to
be sent, as soon as may be after the order is made, to the prescribed authority by which
the person against whom the order is made is registered, and shall cause the particulars of
the order to be endorsed upon the certificate field by the person, and that person shall
produce his certificate on being so required by the court for the purposes of endorsement,
and the prescribed authority to which a copy of an order is sent under “his section shall
enter the particulars of the order in that register;
25. Power to enter premises :
(1) Any person authorised in writing by the prescribed authority referred to in section 23 and
any police officer not below the rank of a sub-inspector may
(a) enter at all reasonable times and inspect any premises in which any performing animals
are being trained or exhibited or kept for training or exhibition, and any such animals
found therein; and
(b) require any person who, he has reason to believe is a trainer or exhibitor of performing
animals to produce his certificate of registration,
(2) No person or police officer referred to in sub section (1) shall be entitled under this
section to go on or behind the stage during a public performance of performing animals.
26. Offences : If any person –
(a) not being registered under this chapter, exhibits or trains any performing animal; or
(b) being registered under the Act, exhibits or trains any performing animal with respect to
which or in a manner with respect to which, he is not registered; or
(c) exhibits or trains as a performing animal, any animal which is not to be used for the
purpose by reason of a notification issued under clause (ii) of section 22; or
(d) obstructs or wilfully delays any person or police officer referred to in section 25 in the
exercise of powers under this Act as to entry and inspection; or
(e) conceals any animal with a view to avoiding such inspection: or
(f) being a person registered under ‘the Act, on being duly required in pursuance of this Act
to produce his certificate under this Act, fails without reasonable excuse so to do; or
(g) applies to be registered under this Act when not entitled to be so registered, He shall be
punishable on conviction with fine which may extend to five hundred rupees or with
imprisonment which may extend to three months, or with both.
27. Exemptions : Nothing contained in this Chapter shall apply to –
(a) the training of animals for bonafide military or police purpose or the exhibition of any
animals so trained; or
(b) any animals kept in any zoological garden or by any society or association which has for
its principal object the exhibition of animals for educational or scientific purposes.
13
CHAPTER VI
MISCELLANEOUS
28. Saving as respects manner of killing prescribed by religion : Nothing contained in this
Act shall render it an offence to kill any animal in a manner required by the religion of any
community.
29. Power of court to deprive person convicted of ownership of animal :
(1) If the owner of any animal is found guilty of any offence under this Act. the court upon
his conviction thereof, may, if it thinks fit, in addition to any other punishment make an
order that the animal with respect to which the offence was committed shall be forfeited
to Government and may, further, make such order as to the disposal of the animal as it
thinks fit under the circumstances. (2) No order under sub section (1) shall be made
unless it is shown by evidence as
(2) to a -previous conviction under this Act or as to the character of the owner or otherwise
as to the treatment of the animal that the animal if left with the owner, is likely to be
exposed to further cruelty.
(3) without prejudice to the provision contained in sub-section (1), the court may also order
that a person convicted of an offence under this Act shall, either permanently or during
such period as is fixed by the order, be prohibited from having the custody of any animal
of any kind whatsoever, or as the court thinks fit of any animal of any kind or species
specified in the order.
(4) No order under sub-section (3) shall be made unless
(a) it is shown by evidence as to a previous conviction or as to the character of the said
person or otherwise as to the treatment of the animal in relation to which he has been
convicted that an animal in the custody of the said person is likely to be exposed to
cruelty;
(b) it is stated in the complaint upon which the conviction was made that it is the
intention of the complaint upon the conviction of the accused to request that an order
be made as aforesaid and
(c) the offence for which the conviction was made was committed in an area in which
under the law for the time being in force a licence is necessary for the keeping of any
such animal as that in respect of which the conviction was made.
(5) Notwithstanding anything to the contrary contained in any law for the time being in
force, any person in respect of whom an order is made under sub-section (3) shall have
no right to the custody of any animal contrary to the provisions of the order, and if he
contravenes the provisions oil any order, he shall be punishable with fine which may
extend to one hundred rupees, or. with imprisonment for a term which may extend to
three months, or with both.
(6) Any court which has made an order under sub-section (3) may at any time, either on its
own motion or on application made to it in this behalf, rescind or modify such order.
30. Presumptions as to guilt in certain cases : If any person is charged with the offences of
killing a goat, cow or its to guilt in progeny contrary to the provisions of clause (1) of sub
section (1) or section 11, and it is proved that such person had in his possession, at the time
the offence is alleged to have been committed, the skin of any such animal as is referred to in
this section with any the skin of any such animal as is referred to in this section with any part
of the skin of the head attached thereto, it shall be presumed until the contrary is proved that
such animal was killed in a cruel manner.
14
31. Cognizability of offences : Notwithstanding anything contained in the Code or Criminal
procedure, 1898, (5 of 1898) an offence punishable under clause (1) or clause (n) or clause,
(o) of sub-section (1) of section 11 or under section 12 shall be a cognizable offence within
the meaning of that code.
32. Powers of search and seizure :
(1) If a police officer not below the rank of sub inspector, or any person authorised by the
State Government in this behalf has reason to believe that an offence under clause (1) of
sub-section (1) of section 11 in respect of any such animal as is referred to in section 30
is being, or that any person has in his possession the skin of any such animal with any
part of the skin of the head attached thereto, he, may enter and search such place or any
place in which he has reason to believe any such skin to be, and may seize such skin or
any article or thing used or intended to be used in the commission of such offence.
(2) If a police officer not below the rank of sub-inspector, or any person authorised by the
State Government in this behalf, has reason to believe that phooka or 25(doom dev or any
other operation of the nature referred to in section 12) has just been or is being,
performed on any animal within the limits of his jurisdiction, he may enter any place in
which he has reason to believe such animal to be, and may seize the animal and produce
it for examination by the veterinary officer incharge of the area in which the animal is
seized.
33. Search warrants :
(1) If a magistrate of the first or second class or a presidency magistrate or a commissioner of
police or district superintendent of police, upon information in writing; and after such
inquiry as he thinks necessary, has reason to believe that an offence under this Act is
being, or is about to be, or has been committed in any place, he may either himself enter
and search or by his warrant authorise any police officer not below the rank of subinspector to enter and search the place.
(2) The provisions of the Code of Criminal Procedure, 1898, relating to searches shall so far
as those provision can be made applicable, apply to searches under this Act.
34. General Power of seizure for examination : Any police officer above the rank of a
constable or any person authorised seizure for by the State Government in this behalf, who
has reason to believe that examination an offence against this Act has been or is being,
committed in respect of any animal, may, if in his opinion the circumstances so require, seize
the animal and produce the same for examination by the nearest magistrate or by such
veterinary officer as may be prescribed; and such police officer or authorised person may,
when seizing the animal, require the person in charge thereof to accompany it to the place of
examination.
35. Treatment and care of animals :
(1) The State Government, may by general or special order appoint infirmaries for the
treatment and care of animals in respect of which offences against this Act have been
committed, and may authorise the detention therein of any animal pending its production
before a magistrate.
(2) The magistrate before whom a prosecution for an offence against this Act has been
instituted may direct that the animals concerned shall be treated and cared for in an
infirmary, until it is fit to perform its usual work or is otherwise fit for discharge, or that it
shall be sent to a pinjrapole, or if the veterinary officer in charge of the area in which the
animal is found or such a veterinary officer as may be authorised in this behalf by rules
made under this Act certifies that it is incurable or cannot be removed without cruelty,
that it shall be destroyed.
(3) An animal sent for care and treatment to an infirmary shall not, unless the magistrate
directs that it shall be sent to a pinjrapole or that it shall be destroyed, be released from
such place except upon a certificate of its fitness for discharge issued by the veterinary
officer in charge of the area in which the infirmary is situated or such other veterinary
officer as may be authorised in this behalf by rules made under this Act.
15
(4) The cost of transporting the animal to an infirmary or pinjrapole and of its maintenance
and treatment in an infirmary, shall be payable by the district magistrate, or, in
presidency-towns, by the commissioner of police; Provided that when the magistrate so
orders on account of the poverty of the owner of the animal, no charge shall be payable
for the treatment of the animal.
(5) Any amount payable by an owner of an animal under sub-section (4) may be recovered in
the same manner as an arrear of land revenue,
(6) If the owner refuses or neglects to remove the animal within such time as a magistrate
may specify, the magistrate may direct that the animal be sold and that the proceeds of
the same be applied to the payment of such cost.
(7) The surplus, if any, of the proceeds of such sale shall, on application made by the owner
within two months from the date of the sale be paid to him.
36. Limitation of prosecutions : A prosecution for an offence against this Act shall not be
instituted after prosecutions the expiration of three months from the date of the commission
of the offence.
37. Delegation of powers : The Central Government may, by notification in the official Gazette,
direct that all or any of the powers exercisable by it under this Act, may, subject to such
conditions as it may think fit to impose, be also exercisable by any State Government.
38. Power to make rules :
(1) The Central Government may, by notification in the Official Gazette and subject to the
condition of previous publication, make rules to carry out the purposes of this Act. (2) In
particular, and without prejudice to the generality of the foregoing power, the Central
Government may make rules providing for all or any of the following matters, namely:
(a) the 26(xxxx) conditions of service of members of the Board, the allowances payable to
them and the manner in which they may exercise their powers and discharge their
functions.
27[(aa) the manner in which the persons to represent municipal corporation are to be elected
under clause (e) of sub-section (1) of section
(b) the maximum load (including any load occasioned by the weight of passengers) to be
arried or drawn by any animal;
(c) the conditions to be observed for preventing the overcrowding of animals; the period
during which, and the hours between which, any class of animals shall not be used for
draught purposes:
(a) prohibiting the use of any bit or harness involving cruelty to animals;
28[(ea)the other methods of destruction of stray dogs referred to in clause (b) of sub-section
(3) of section 11;
(eb) the methods by which any animal which cannot be removed without cruelty may be
destroyed under sub-section (3) of section 13,]
(f) requiring persons carrying on the business of a farrier to be licensed and registered by
such authority as may be prescribed and levying a fee for the purpose;
(g) the precautions to be taken in the capture of animals for purposes of sale, export or for
any other purpose, and the different appliances or devices that may alone be used for the
purpose; and the licensing of such capture and the levying of fees for such licences;
(h) the precautions to be taken in the transport of animals whether by rail, road, inland
waterway, sea or air and the manner in which and the cages or other receptacles in which
they may be so transported;
16
(i) requiring person owning or in charge of premises in which animals are kept or milked to
register such permises, to comply with such conditions as may be laid down in relation to
the boundary walls or surroundings of such premises, to permit their inspection for the
purpose of ascertaining whether any offence under this Act is being, or has been
committed therein, and to expose in such premises copies of section 12 in a language or
languages commonly understood in the locality;
(j) the form in which applications for registration under Chapter V may be made, the
particulars to be contained therein the fees payable for such registration and the
authorities to whom such applications may be made;
29[ja) the fees which may be charged by the Committee constituted under section 15 for the
registration of persons or institutions carrying on experiments on animals or for any other
purpose;]
(k) the purposes to which fines realised under the Act may be applied, including such
purposes as the maintenance of infirmaries, pinjrapole and veterinary hospitals;
(1) any other matter which has to be, or may be prescribed.
(3) If any person contravenes, or abets the contravention of, any rules made under this
section, he shall be punishable with fine which may extend to one hundred rupees, or
with imprisonment for a term which may extend to three months, or with both.
30[XXXX]
31[38A.Rules and regulations to be laid before Parliament : Every rule made by the Central
Government or by the Committee constituted under section 15 and every regulation
made. by the Board shall be laid, as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or regulation, as the case may be,
should not be made the rule or regulation shall there after have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule or regulation.]
39. MPersons authorised under section 34 to be public servants : Every person authorised by
the State Government under section 34 shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal code.
40. Indemnity : No suit, prosecution or other legal proceeding shall lie against any person who
is, or who is deemed to be a public servant within the meaning of section 21 of the Indian
Penal Code in respect of anything in good faith done or intended to be done under this Act.
41. Repeal of Act 11 of 1890 : Where in pursuance of a notification under subsection (3) of
section 1 of 1890 any provision of this Act comes into force in any State, any provision of
the Prevention of Cruelty to Animals Act, 1890, which corresponds to the provision so
coming into force, shall thereupon stand repealed

Transport of Animals, Rules, 1978.
In exercise of the powers conferred by clause (h) of sub-section (2) of Section 38 of the
Prevention of Cruelty to Animals Act, 1960 (59 of 1960); the Central Government hereby makes
the following rules, the same having been previously published as required by the said Section,
namely :
Transport of Animals Rules, 1978.
Chapter I
1. Short Title
These rules may be called the Transport of Animals, Rules, 1978.
2. Definitions :
In these rules, unless the context otherwise requires
(b) qualified veterinary surgeon means one who holds a diploma or a degree of a recognized
veterinary college.
(c) “Schedule” means a schedule appended to these rules.
CHAPTER II
Transport of Dogs and Cats
3. Rules 4 to 14 shall apply to the transport of dogs and cats of all breeds whether by rail, road,
inland, waterway, sea or air.
4. (a) A valid health certificate by a qualified veterinary surgeon to the effect that the dogs and
cats are in a fit condition to travel by a rail, road, inland waterway, sea or air and are not
showing any sign of infectious or contagious disease including rabies, shall accompany
each consignment and the certificate shall be in the form specified in Schedule – A.
(b) In the absence of such a certificate, the carrier shall refuse to accept the consignment for
transport.
5. No dog or cat in an advanced stage of pregnancy shall be transported.
6. (a) Dogs or cats to be transported in the same container shall be of the same species and
breed.
(b) Unweaned puppies of kittens shall not be transported with adult dogs or cats other than
their dams.
(c) No female dog or cat in season (cestrus) shall be transported with any male.
7. (a) Any dog or cat reported to be vicious or exhibiting a vicious disposition shall be
transported individually in a cage, muzzeled and labelled to give warning to the handlers.
(b) In extreme cases, the dogs and cats shall be adminsitered with sedative drugs by a
qualified verterinary surgeon.
8. (1) When dogs or cats are to be transported for long distances:
(a) they shall be fed and given water atleast two hours prior to their transport and shall not be
packed for transport if they are hungry or thirsty. they should be exercised as late as
possible before despatch.
20
(b) they shall be given adequate water for drinking every four hours in summer or every six
hours during winter.
(c) they shall be fed once in twelve hours in the case of adult dogs or cats and
(d) they shall be fed once in four hours in the case of puppies and kittens in accordance with
the instructions of the consignors if any.
(e) adequate arrangements shall be made for their care and management during the journey.
(2) When the dogs or cats are to be transported by rail involving a journey of more than, six
hours, an attendent shall accompany the dogs or cats to supply them with food and water
on the way and the attendent shall have access to the dogs or cats for this purpose at all
stations and no dog or cat shall be exposed to the direct blast of air during such journey.
9. Where dogs or cats are to be transported for short distance by road in a public vehicle, the
following precautions are to be taken namely:
(a) they shall be put in a cage and the cage containing the dogs or cats shall not be put on the
roof of the vehicle but shall be put inside the vehicle preferably near the end of the
vehicle
(b) the vehicle transporting the dogs or cats shall as far as possible maintain constant speed,
avoiding sudden stops and reducing effects of shocks and jolts to the minimum.
(c) at least one attendant shall be present at all times during transit who shall ensure that
proper transit conditions are observed and shall also replenish food and water whenever
necessary.
10. Where dogs or cats are to be transported by air:
(a) the cages shall be properly cleaned and disinfected before the dogs or cats are put in the
cages.
(b) sufficient paddy straw or saw dust or paper cuttings shall be provided for cats in the cages
as resting material.
(c) for international transport, the dogs or cats shall be kept in pressurized compartment with
regulated temperature.
11. The size and type of crates for transport of dogs and cats shall confirm as clearly as may be
to the size and type specified in Schedule – B and Schedule – C respectively.
12. All containers of dogs or cats shall be clearly labelled showing the names address and
telephone number (if any) of the consignor.
13. The consignee shall be informed about the train or transport arrival or flight number and its
time of arrival in advance.
14. Consignment of dogs or cats to be transported by rail or road shall be booked by the next
passenger or main train or bus and should not be detained after accepting the consignment for
booking.
CHAPTER III
Transport of Monkeys
15. Rules 16 to 23 shall apply to the transport of all types of monkeys from the trapping area to
the nearest rail-head.
21
16. (a) A valid health certificate by a qualified veterinary surgeon to the effect that the monkeys
are in a fit condition to travel from the trapping area to the nearest unit-head and are not
showing any sign of infections or contagious disease shall accompany each consignment.
(b) In the absence of such a certificate, the carrier shall refuse to accept the consignment
for transport.
(c) The certificate shall be in a form specified in Schedule – D.
17. (1) Monkeys from one trapping area shall not be allowed to mix with monkeys from any
other trapping area for preventing the dangers of cross – infection.
(2) The time in transit from trapping area to the nearest rail-head shall be as short as possible
and factors causing stress to monkeys shall be reduced to the minimum.
(3) If the travel time is longer than six hours provision shall be made to feed and to give –
water to the monkeys en route.
(4) During transit, precautions shall be taken to protect the monkeys from extreme weather
conditions and monkeys that die en route shall be removed at the earliest available
opportunity.
18. Monkeys that are not completely weaned, that is, under 1.8 kilogram in weight, shall not be
transported except when specifically permitted by the Central Government.
19. (a) Pregnant and nursing monkeys shall not be transported except when specifically
permitted by the Central Government.
(b) Pregnant and nursing monkeys as well as monkeys weighing more than 5 kilogramsshall be transported in compartmented cages.
20. All monkeys in the same cage shall be of the same species and of approximately the same
weight and size.
21. Monkeys captured within their natural habitat shall be placed in new, sterilized or thoroughly
cleaned cages and subsequent transfer, if any, shall also be new, disinfected or thoroughly
cleaned cages.
22. Monkeys shall be transported from trapping area to the nearest rail-head by the fastest means
of transport available and the monkeys shall not be left un-attended at any time during the
journey.
23. (1) (a) Monkeys shall be transported in suitable wooden or bamboo cages, so constructed
as not to allow the escape of the monkeys but permit sufficient passage of air
ventilation.
(b) No nails, metallic projections or sharp edges shall be exposed on the exterior or in
the interior of the cages.
(c) Each cage shall be equipped with appropriate water and feed receptacles which
are leak proof and capable of being cleaned and refilled during transit.
(2) The floor of the cages shall be made of bamboo reapers and the space between
each reaper shall range between 20 mm and 30mm.
(3) To facilitate carriage of these cages, provision may be made for rope loops at the
four top ends.
(4) The weight of any one loaded cage shall not exceed 45 kilograms.
(5) The following two sizes of cages shall be used.
22
(a) 910 x 760 x 510 mm – to contain not more than twelve monkeys, weighing
between 1.8 and 3.00 kilograms each or ten monkeys weighing between 3.1 and
5.0kilograms,each.
(b) 710 x 710 x 510 mm – to contain not more than ten monkeys weighing between
1.8 and 3.00 kilograms each or eight monkeys weighing between 3.1 and 5.00
kilograms each.
Provided that wooden cages as specified in Schedule – F to these rules may also
be used for carrying monkeys from the trapping area to the nearest rail-head.
(6) The construction details of two types of cages shall be given in Schedule – E.
24. Rules 25 to 32 shall apply to transport of monkeys from a rail – head to another railhead
or from a rail-head to nearest airport.
25. (a) Loading and unloading shall be carried out quickly and efficiently.
(c) Cages shall be stored in such a manner that ventilation is adequate and the
monkeys are not exposed to drought and direct heat or cold.
(d) Monkeys found dead shall be removed as quickly as possible for suitable
disposal.
26. The transport cages shall be in accordance with specifications given in rule 28.
27. (1) Due provision shall be made by the sender for a sufficient supply of food and
water for the journey.
(2) In case the journey is over six hours an attendant shall accompany the monkeys to
supply them food, water, and such other things, on route and he shall have access
to the monkeys for feeding, giving water and attention at all stations en route.
(3) The food and water containers shall be checked at least every six hours and
refilled, if necessary.
(4) Monkeys shall not be disturbed during the night hours.
28. Not more than one cage shall be placed over the other and gunny packing shall be placed
between two cages, when one is placed over the other.
29. Monkeys shall be brought to the airport sufficiently early.
30. Monkeys shall be provided with food and water immediately before loading on the
aircraft.
31. (a) The cages shall be clearly labelled showing the name, address and telephone
number (if any) of the consignor and the consignee in bold red letters.
(b) The consignee shall be informed about the train in which the consignment of
monkeys is being sent and its, arrival time in advance.
(c) The consignment of monkeys to be transported shall be booked by the next
passenger or main train and should not be detained after the consignment is
accepted for booking.
32 (a) A valid health certificate by a qualified Veterinary Surgeon to the effect that the
monkeys are in a fit condition to travel from the nearest rail-head to another
ailhead or from a rail-head to the nearest airport and are not showing any signs of
nfectious or contagious disease shall accompany each consignment.
(b) In the absence of such a certificate, the carrier shall refuse to accept the
consignment for transport.
23
(c) The certificate shall be in a form specified in Schedule – D.
33. Rules 34 to 45 shall apply in relation to the transport of monkeys by air.
34. The time in transit shall be as short as possible and factors causing stress to monkeys
shall be reduced to the minimum.
35. Monkeys that are not completely weaned, that is, under 1.8 kilograms in weight, shall not
be transported except when specifically permitted by the Central Government.
36. Pregnant and nursing monkeys shall not be transported except when specifically
permitted by the Central Government. Pregnant and nursing monkeys and monkeys
weighing over 5 kilograms shall be transported in specially designed individual cages.
37. All monkeys in the some cage shall be of the same species and of approximately the
same weight and size.
38. (1) In view of the dangers of infection, only monkeys of the same species shall be
transported in the same cabin or compartment of the aircraft.
(2) Apparently sick or disabled monkeys exhibiting external injuries or infested with
parasites shall not be transported.
(3) Transport of other species of animals, birds, fish food stuff or poisonous aterials,
such as pesticides and insecticides, in the same cabin or compartment shall not be
permitted.
39. (1) At no time during transit shall the monkeys be left unattended when carried in a
freighter aircraft.
(2) At least one attendant shall be present at all times when the aircraft is on the
round.
40. (1) Monkeys shall be transported in suitable wooden cages, so constructed as not to
allow the escape of the monkeys and shall allow sufficient passage of air for
ventilation; no nails, metallic projections or sharp edges shall be exposed in the
interior or on the exterior of such cages. Each cage shall be equipped with water
and food receptacles which shall be leak – proof and be capable of being cleaned
and refilled during transit. A suitable absorbent material such as saw dust shall be
kept in the dropping trays.
(2) The weight of any one loaded cage shall not exceed 45 kilograms in any case.
(3) The following two sizes of cages shall be used:
(a) 460 x 460 x 460 mm – to contain not more than ten monkeys weighing from
1.8 to 3.0 kilograms each or four monkeys weighing from 3.1 to 5.0 kilograms
each; and
(b) 760 x 530 x 460 mm – to contain not more than ten monkeys weighing from 1.8 to
3.0 kilograms each or eight monkeys weighing from 3.1 to 5.0 kilograms each.
(4) The construction details of the two types of cages shall be as given in Schedule – F.
(5) The construction details of the two types of cages used for the transport of
pregnant and nursing monkeys shall be as given in Schedule – G.
4 1. (a) The cages shall be clearly labelled showing the name, address and telephones
number (if any) of the consignor and the consignee in bold red letters.
24
(b) The consignee shall be informed in advance about the flight number of the
freighter aircraft in which the consignment of monkeys is being sent and its
arrival time.
(c) The consignment of monkeys to be transported shall be booked by the next flight
of the freighter aircraft and should not be detained after the consignment is
accepted for booking.
42.
(1) A valid health certificate by a qualified veterinary surgeon to the effect that the
monkeys are fit to travel by air and are not showing any signs of infectious or
contagious disease shall accompany each consignment of monkeys.
(2) In the absence of such a certificate, the carrier shall refuse to accept the
consignment for shipment.
(3) The form of certificate under sub-rule (1) be as given in Schedule – D.
43.
(1) The air shall be changed not less than twelve times per hour and droughts shall be
avoided and there shall be no dead pockets of air.
(2) Except when the monkeys are being fed and given water; they shall travel in semi
darkness to make them quieter and less inclined to fight and thus give them better
opportunities of resting.
44. The food and water containers shall be checked at every stop and refilled ; if necessary,
and a sufficient stock of food shall be available on the aircraft and at likely stopping
places.
Note : About 85 grams of food per monkey is required daily. Suitable foods are dry cereal grains
or gram. It is recommended that whole gram made into biscuits or wheat meal bread should be
fed. A minimum of 140 ml. of water shall be allowed for each monkey per day.
1. An empty cage of the usual dimensions with its sides covered except 50mm at the top to
allow for ventilation shall be provided in the freighter aircraft for housing the monkeys
which fall sick or are injured during the journey.
CHAPTER IV
Transport of Cattle
46 Rules 47 to 56 shall apply to the transport by rail of cows, bulls, bullocks, buffaloes,
yaks and calves. (hereinafter in these rules referred to as cattle).
47
(a) A valid certificate by a qualified veterinary surgeon to the effect that the cattle are in
a fit condition to travel by rail or road and are not suffering from any infectious or
contagious or parasitic diseases and that they have been vaccinated against rinderpest
and any other infectious or contagious or parasitic diseases, shall accompany each
consignment.
(b) In the absence of such a certificate, the carrier shall refuse to accept the consignment
for transport.
(c) The certificate shall be in the form specified in Schedule – E.
25
48. Veterinary first-aid equipment shall accompany all batches of cattle.
49.
(a) Each consignment shall bear a label showing in bold red letters the name, address and
telephone number (if any) of the consignor and consignee, the number and types of
cattle being transported and quantity of rations and food provided.
(b) The consignee shall be informed about the train or vehicle in ‘ which the consignment
of cattle is being sent and its arrival time in advance.
(c) The consignment of cattle shall be booked by the next train or vehicle and shall not be
detained after the consignment is accepted for booking.
50. The average space provided per cattle in Railway wagon or vehicle shall not be less than
two square metres.
51.
(a) Suitable rope and platforms should be used for loading cattle from vehicles.
(b) In case of railway wagon the dropped door of the wagon may be used as a ramp when
loading or unloading is done to the platform.
52. Cattle shall be loaded after they are properly fed and given water.
53. Cattle in advanced stage of pregnancy shall not be mixed with young cattle in order to
avoid stampede during transportation.
54.
(1) Watering arrangements on route shall be made and sufficient quantities of water shall
be carried for emergency.
(2) Sufficient feed and fodder with adequate reserve shall be carried to last during the
journey.
(3) Adequate ventilation shall be ensured.
55. When cattle is to be transported by rail.
(a) An ordinary goods wagon shall carry not more than ten adult cattle or fifteen calves
on broad gauge, not more than six adult cattle or ten calves on metre guage, or not
more than four adult cattle or six calves on narrow gauge.
(b) every wagon carrying cattle shall have at least one attendant.
(c) cattle shall be loaded parallel to the rails, facing each other.
(d) rations for padding, such as straw, shall be placed on the floor to avoid injury if a
cattle lies down and this shall not be less than 6 cms thick.
(e) rations for the journey shall be carried in the middle of the wagon.
(f) to provide adequate ventilation, upper door of one side of the wagon shall be kept
open properly fixed and the upper door of the wagon shall have wire gauge closely
welded mesh arrangements to prevent burning cinders from the engines entering the
wagon and leading to fire outbreak.
(g) cattle wagons should be attached in the middle of the train.
(h) cooking shall not be allowed in the wagons nor hurricane lamps without chimneys.
26
(i) two breast bars shall be provided on each side of the wagon, one at height of 60 to 80
cm and the other at 100 to 110 cm.
(j) Cattle-in-milk shall be milked at least twice a day and the calves shall be given
sufficient quantity of milk to drink.
(k) As far as possible, cattle may be moved during the nights only.
(l) during day time, if possible, they should be unloaded, fed, given water and rested and
if in milk, milking shall be carried out.
56. When cattle are to be transported by goods vehicle the following precautions are to be
taken namely
(a) Specially fitted goods vehicles with a special type of tail board and padding around
the sides should be used.
(b) Ordinary goods vehicles shall be provided with anti-slipping material, such as coir
matting or wooden baord on the floor and the superstructure, if low, should be raised.
(c) no goods vehicle shall carry more than six cattle.
(d) each goods vehicle shall be provided with one attendant.
(e) while transporting, the cattle, the goods vehicle shall not be loaded with any other
merchandise; and
(f) to prevent cattle being frightened or injured, they should preferably, face the engine.
CHAPTER V
Transport of Equines
57. Rules 57 to 63 shall apply to the transport by rail, road or sea or horses, mules and
donkeys (hereinafter-in these rules referred to as ‘equines’)
58.
(a) A valid certificate by a qualified veterinary surgeon to the effect that the equines are in a
fit condition to travel by rail; road or sea and are not suffering from any infectious or
contagious disease or diseases shall accompany each consignment.
(b) In the absence of such a certificate, the carrier shall refuse to accept the consignment for
transport.
(c) The certificates shall be in a form specified in Schedule – 1.
59.
(a) Each consignment shall bear a label showing in bold red letters the name address and
telephone number (if any) of the consignor and consignee the number and type of equines
being transported and quantity of rations and food provided.
(b) The consignee shall be informed in advance about the train or vehicle or ship in which
the consignment of equines is being sent and its arrival time.
(c) The consignment of equines shall be booked by the next train or vehicle or ship and shall
be accepted for booking.
27
60.
(a) Pregnant and young equines shall not be mixed with other animals.
(b) Different species of equines shall be kept separately.
(c) Equines shall be loaded after being fed and given water adequately, watering
arrangements shall be made enroute and sufficient food carried to last during the journey.
(d) Veterinary first-aid equipment shall accompany all batches of equines.
(e) Adequate ventilation shall be ensured.
(f) Suitable ramps and platforms, improvised where not available, shall be used for loading
and unloading equines.
61. For the transport of equines by rail, the following precautions shall be taken
(a) Equines shall be transported by passenger or mixed trains only;
(b) Ordinary goods wagon when used for transportation shall carry not more than eight to ten
horses or ten mules or ten donkeys on braod guage and not more than six horses or eight
donkeys on metre-gauge
(c) in extreme hot, water shall be sprinkled over the wagons containing equines by the
railway authorities to bring down temperature. Ice slabs in specially made containers may
be placed inside the wagan, if recommended by a qualified veterinary surgeon;
(d) every wagon shall have two attendants if the equines are more than two in number;
(e) equines shall be loaded parallel to the rails, facing each other;
(f) material for padding, such as paddy, straw, shall be placed on the floor to avoid injury if
an animal lies down and this shall not be less than 6 cm thick;
(g) to provide adequate ventilation, upper door of the side of the wagon shall be kept open
and properly fixed and the upper door of the wagon shall have wire guage closely welded
mesh arrangements to prevent burning cinders from the engines entering the wagon and
leading to fire break out;
(h) two breast bars shall be provided on each side of the wagon, one at a height of 50 to 80
cm and the other at 110 cm.
62. For the tranport of equines by goods-vehicles, the following precautions shall be taken,
namely :
(a) Specially fitted vehicles with a special type of tail-board and padding around the sides
shall be used ;
(b) ordinary goods vehicles shall be provided with antislipping material on the floor and the
super structure, if low, should be raised;
(c) bamboo poles of at least 8 cm diameter between each animal and two stout batons at the
back shall be provided to prevent the animal from falling;
(d) to prevent horses from being frightened or injured their heads should face left away from
the passing traffic;
(e) each vehicle shall not carry more than four to six equines;
28
(f) each vehicle shall be provided with one attendant;
(g) these vehicles shall be driven at a speed not more than 35 kilometers per hour;
63. For the transport of equines by sea the following precautions shall be taken, namely:
(a) horses may normally be accommodated in single stalls and mules in pens, each pen
holding four to five mules;
(b) ample ventilation shall be ensured by keeping portholes and providing permanent air
trunks or electric blowers on all decks, and exhaust fans shall be installed to blow out
foul air;
(c) all standings shall be athwart the ship with heads facing inwards;
(d) to avoid distress specially during hot weather, the ship may go underway immediately
after embarking and disembarking shall be done as early as possible after anchoring.
(e) colts and fillies shall be kept on the exposed decks;
(f) a pharmacy and spare stalls for five per cent of equines shall be available;
(g) passage between two rows of pens shall not be less than 1.5 metres.
CHAPTER – VI
Transport of Sheep and Goats
64. Rules 65 to 75 shall apply to the transport of sheep and goats by rail or road involving
journeys of more than six hours.
65.
(a) A valid health certificate by a qualified veterinary surgeon to the effect that the sheep and
goats are in a fit condition to travel by rail or road and are not suffering from infectious or
contagious or parasitic disease shall accompany each consignment.
(b) In the absence of such a certificate, the carrier shall refuse to accept the consignment for
transport.
(c) The certificate shall be in a form specified in Schedule – J
66.
(a) Each consignment shall bear a label showing in bold red letters the name, address and
telephone number (if any) of the consignor and consignee the number and type of sheep
or goats being transported and quanity of rations and food provided.
(b) The consignee shall be informed in advance about the train or vehicle in which the
consignment of sheep or goats are being sent and its arrival time.
(c) The consignment of sheep or gaots shall be booked by the next train or vehicle and shall
not be detained after the consignment is accepted for booking.
67.
(a) First-aid equipment shall accompany the sheep or goats in transit.
(b) Suitable romps shall be provided for loading and unloading the sheep or goats.
(c) In the case of a railway wagon, when the loading or unloading is done on the plot form
the dropped door of the wagon shall be used as a ramp.
29
68. Sheep and goats shall be transported seperately; but if the lots are small special partition
shall be provided to separate them.
69. Rams and male young stock shall not be mixed with female stock in the same
compartment.
70. Sufficient food and fodder shall be carried to last during the journey and watering facility
shall be provided at regular intervals.
71. Material for padding, such as straw, shall be placed on the floor to avoid injury if an
animal lies down, and this shall be not less than 5 cm. thick
72. The animals shall not be fettered unless there is a risk of their jumping out and their legs
shall not be tied down.
73. The space required for a goat shall be the same as that for a woolled sheep and the
approximate space required for a sheep in a goods vehicle or a railway wagon shall be as
under:-
Approximate weight of animal in Kilogram
Space required in Square metres
Woolled Shorn
Not more than 20 0.18 0.16
More than20 but not more than 25 0.20 0.18
More than 25 but not more than 30 0.23 0.22
More than 30 0.28 0.26
74.
(a) No railway wagon shall accommodate more than the following number of the sheep
or goats :
Broad gauge Metre gauge Narrow gauge
(1) (2) (3) (4) (5)
Area of wagon Area of Wagon Area of Wagon Area of Wagon
Less than 21.1 Less than 12.5
21.1 Square Metres And
above 12.5 Square Metres and
above
70 100 50 60 25
(b) Adequate ventilation shall be provided in every wagon. Upper door of one side of
wagon shall be kept open and properly fixed and the upper door of the wagon shall
have wire guage closely welded mesh arrangements to prevent burning cinders from
the engines entering the wagon and leading to fire breakout.
75.
(1) Goods vehicles of capacity of 5 or 4 1/2.tons, which are generally used for
transporting animals, shall carry not more than forty sheep or goats.
(2) In the case of large goods vehicles and wagons, partition shall be provided at every
two or three metres across the width to prevent the crowding and trapping of sheep
and goats.
(3) In the case of ewes, goats or lambs or kids under six weeks of age, separate panels
shall be provided

NOTIFICATION
New Delhi, the 26th March, 2001
S.O.-268 (E) – Whereas the draft Prevention of Cruelty to Animals (Transport of Animals
on Foot) Rules, 2000 were published as required by sub-section (1) of section 38 of the
Prevention of Cruelty to Animals Act, 1960 (59 of 1960), under the notification of the
Government of India in the Ministry of Social Justice and Empowerment number S.O. I 163(E)
dated the 26th December 2000 in the Gazette of India, Extraordinary, Part II, Section 3, Sub
Section (ii) dated the 27th December, 2000 inviting objections and suggestions from all persons
likely to be affected thereby, before the expiry of the period of sixty days from the date on which
copies of the Gazette containing the said notification are made available to the public.
And, whereas copies of the said Gazette were made available to the public on the Ist
January, 2001.
And, whereas no objection or suggestion has been received from the public in respect of
the said rules by the Central Government.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (2) of section
38 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), the Central Government
hereby makes the following rules, namely:
1. Short title and commencement :
(1) These rules may be called the Prevention of Cruelty 5 to Animals (Transport of
Animals on Foot) Rules, 2001
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.- In these rules unless the context otherwise requires
a. “animal” means livestock and includes the following animals namely –
i. cattle including cow, bulls and bullocks, buffalo bulls and bullocks, cows,
buffaloes, Mithuns, yaks and calves.
ii. equines includings horses, ponies, mules and donkeys.
iii. horse including entires (stallions), goldings, brood mares, colts and fillies
iv. goat including adult goat, male or female of two years age and above.
v. ruck including male goat
vi. kid young goat below one year of age
vii. nanny female goat
viii. sheep including adult sheep, male or female of two years age and above
ix. ewe female sheep
x. lamb young sheep below one year of age
xi. ram male sheep
xii. wether includes male lamb that has been castrated before reaching sexual maturity
xiii. pig includes adult pig, male or female of one year of age or above
xiv. piglet includes young pig below one year of age.
b. “veterinary doctor’ means a person registered with the Veterinary Council of India
established under the Indian Veterinary Council Act, 1984 (52 of 1984)
c. “Schedule” means a schedule appended to these rules.
3. Application of the rules – These rules shall apply to transport of animals on foot when the
distance from the boundary of village or town or city of the origin of such transport to the last
destination is 5 km or more than 5 km.
4. Condition of health of animals transported on foot-
(1) Every animal to be transported on foot shall be healthy and in good condition for such
transport.
38
(2) A certificate of a veterinary doctor in respect of each animal to be transported to the
effect that such animal is in a fit condition for such transportation and is not suffering
from any infectious, contagious or parasitic diseases and that it has been vaccinated
against any infectious, contagious or parasitic diseases shall accompany such animal
(3) The certificate under sub rule (1) shall be in the form as specified in the First Schedule.
5. Certain animals not to transport on foot – New born animals of which the navel has not
completely healed, diseased, blind, emaciated, lame, fatigued, or having given birth during
the preceding seventy two hours or likely to give birth during transport shall not be
transported on foot. Transport in on-farm social group – Animal shall be transported in their
on farm social groups (established at least one week prior to journey)
6. First aid equipment to accompany animals transported on foot – The owner of the
animals shall provide veterinary first aid equipment to be accompanied with such animals
while transported on foot.
7. Certificate to be carried during transportation – In case the person transporting the
animals on foot is not the owner of the animal then such person shall carry a certificate as
specified in the Second Schedule during such transportation.
8. Watering arrangement during transportation of animals – The owner of the animals shall
make watering arrangement in route during transport of such animals on foot.
9. Feed and fodder arrangements during transportation of animals-Sufficient feed and
fodder with adequate reserve of such feed and fodder for the animals shall be made available
by their owner during their transport on foot.
10. Prohibition of the use of whip, etc during transportation of animals on foot –
(1) No person shall use a whip or a stick in order to for the animal to walk or to hasten the
pace of their w nor such person shall apply chillies or any oft substance to any part of the
body of the animal for this purpose during their transportation on foot.
(2) If any animal needs to be tied during transport on foot, it shall be tied by a rope covered
with suitable cushioning such as cloth around its leg and such animal shall not be tied by
its nose, all legs or any other part of the body except by its neck.
(3) If more than one animal is to be tied adjacent to one another by a single rope during their
transport on foot, the space between any two of such animals shall be minimum two feet
and animals so tied shall be of similar physical condition and strength and no more than
two such animals shall be tied adjacent to each other by a single rope.
11. Certain Prohibition on transport of animals on foot
(1) No person shall transport on foot an animal before sunrise or after sunset.
(2) No animal shall be transported on foot beyond the distance, time, rest interval and
temperature specified for such animal in the Table below, namely:-
39
TABLE
Species (Animal) Maximum Maximu Period of rest Temperature
distance m no. of (interval) range
covered/day/h walking/d Max. Min
our ay of
hours
(Travellin
g)
Cattle (Cows) 30 km/day 8 hours At every 2hours for 12 deg. C to 30
4 km/hr drinking and at deg.C
every
4 hrs for feeding
Buffaloes 25 km/day 8 hours At every 2 hours 12 deg. C to 30
3 km/hr for deg. C
drinking ano at
every
4 hrs for feeding
Cows and 16 km/day 6 hours At every 1½ hrs 15 deg. C to 25
Buffaloes Calves 2.5 km/hr for drinking and at deg.C
every
3 hrs. for feeding
Horses, Ponies, 45 km/day 8 hours At every 3 hrs for 12 deg. C to 30
Mules, Donkeys 6 km/hr drinking and at deg. C
every
6 hrs. for feeding
Young ones (Foal) 25 km/day 6 hours At every 2hrs. for 15 deg. C to 25
4 km/hr drinking and at deg. C
every
4 hrs. for feeding
Note : After being provided with water every animal shall be given a break of 20 minutes before
the commencement of the transport of the animal on foot and in case of feeding the break
shall be given for one hour before the commencement of the transport of the animal on
foot.
(3) No animal shall be made to walk under conditions of heavy rain, thunderstorms or
extremely dry or sultry conditions during its transport on foot.
12. Transportation of animals in certain cases not permitted without shoes – Animals whose
hooves are not provided with shoes (as in the case of pack or draught animals) shall not be
transported on foot on hard cement, bitumen-coated or metalled roads, steep gradients or
hilly and rocky terrain, irrespective of weather conditions (summer or winter)
13. Power of Police to require the owner to take animal to nearest Magistrate
(1) If any police officer above the rank of constable or any other person authorised in this
behalf by the Central or state Government or by the Animal Welfare Board of India by
the general or special order, has reason to believe that an offence has been or is being
committed in respect of an animal in contravention of these rules, he may require the
owner or other person in charges of such animal to take the animal to the nearest
magistrate.
(2) If the owner or the person in charge of the animals referred to in sub rule (1) refuses to
comply with the demands of the police officer under that sub rule, it shall be lawful for
such police officer or such other persons to take the animal to the nearest magistrate.
40
FIRST SCHEDULE
Form for Certificate of fitness for transport of animals
(See rule 4 (3))
This Certificate should be completed and signed by a qualified Veterinary Doctor
Date and time of examination
Species
Number of Trucks/Railway Wagons
Number of Cattle
Sex Age
Identification
Breed (giving characteristics) – Area where it is found with status regarding general resistance
and heat tolerance
Individual Features of the animal –
Body colour
Height
Body weight (approx)
Animal length
Breadth (measured between pelvic bones)
Colour of the eyes
Shape of the horns
General conditions (like fleshy, bony projections)
Health Status
History of the animal, feed status whether or not sign of anorexia/diarrhea
1. Record Body Temperature
2. Examine eyes for buging or protrusion of eyeball, blindness, Corneal opacity & specify
3. Condition of skin, (including signs of dehydration, injuries, anorexia (check for presence of
warts on the skin)
4. Ears
Examine ears – (check for animal body response to hearing, check for any infection,
inflammation or secretion (a) excess of wax, blood or any fluid)
5. Examine sub maxillary spell for swelling (for any abnormality or pain)
6. Check for status of pregnancy of female animal If yes – which stage 1st, 2nd or 3rd stage
7. Examine udder & teats & specify
a. Relative size of quarters
41
b. Check for signs of swelling/atrophy/fibrous
c. in duration on palpation of individual quarter and specify.
d. Check teat canal for teat tumour or fibrosis of teat canal and specify.
8.
a) If female – check
Check for sign of vaginal discharge on examination of the vulva and specify
b) In male – check
Testicles-Size, any sign/abnormalities for monogastric animals
Penis – injury, abrasions or the sheath, discharges to be recorded
9. Sign of abdominal pain (check for gait or posture of the animal, check for signs of abdominal
distention, left flank to be checked for rumen examination (full, empty) tympani/blood
10. Digestive System
Examine mouth and specify
(1) Detail out dentition
(2) Specify – evidences of
– tooth damage
– broken or worn incisors
11. Respiratory system
a. Record Respiration rate
b. Auscultation & specify for signs of dyspnoea, respiratory distress & specify
12. In cows possessing horns check and specify
a. shape of horns
b. number of horn rings
c. any difference in the direction
d. or appearance of two horns
13. Examine ribs for fracture and specify
14. Examine abdominal wall for presence of ventral or umbrilical hernia and specify.
15. Examine limbs and joints for bony enlargements or synovial distentions & specify check for
signs of lameness – specify
16. Examine interdigital space for any lesions check and specify
17. Any indications of foot soreness, excessive wear of soles or laminitis
18. Examine circulatory system
1. Specify pulse rate
2. Check for presence of oedema dependent portion or ascitis and specify
19. Transported from_______to________via
I hereby certify that I have read the Prevention of Cruelty to Animals (Transport of animals
on Foot) Rules, 2001.
1. That, at the request of (Consignor) I examined the above mentioned Cattle in the goods
vehicle/railway wagons not more than 12 hours before their departure.
2. That each cattle appeared to be in a fit condition to travel by rail/road and is not showing
any signs of infectious or contagious or parastic disease and that it has been vaccinated
against rinderpest and any other infections or contagious or parasitic disease(s)
3. That the cattle were adequately fed and watered for the purpose of the journey.
4. That the cattle have been vaccinated.
(a) Type of vaccine (b) Date of vaccination :
42
Signed_________________________
Address________________________
Date____________
___________________________
Qualification_________________
SECOND SCHEDULE
Authorisation certificate
(See rule 8)
1. Name and age of the owner
2. Father’s Name
3. Address of the Owner
4. No. of animals for transport specifying species, age and sex of each animal
5. Name of the person/persons transporting the animals
6. Specify the place of origin and the place of last destination of such animals for transport
7. Attach a copy of the veterinary certificate granted under Rule 8
8. Details of feed, fodder and watering arrangements provided during transport of such animals
I do hereby declare that I am the owner of the aforementioned animals. I have authorized
Shri_____________S/o_____________________r/o______________________to transport the
said animals. I have read and understood the Transport of Animals on Foot Rules, 2001 and
undertake that the said Rules have been and would be complied with during transport.
I do hereby state that the above information is true and correct.
To be filled in by the Transporter
I___________________S/o_____________________r/o_____________________do hereby
give my consent transport the aforementioned animals from the aforesaid place of origin to the
place of destination.
I have read and understood the Transport of Animals on Foot Rules, 2001 and undertake that the
said Rules would be complied with during transport.
I do hereby state that the above information is true and correct.
Sd/-
(Transporter)
[F.No.19/l/2000-AWD]
DHARMENDRA DEO, Jt. Secy.
43
NOTIFICATION
New Delhi, the 26th March, 2001
S.O.270(E) – Whereas the draft Prevention of Cruelty to Animals (Slaughter House) Rules, 2000
were published, as required by sub-section (1) of section 38 of the Prevention of Cruelty to
Animals Act, 1960 (59 of 1960), under the notification of the Government of India in the
Ministry of Social Justice and Empowerment number S.O. 1165 (E) dated the 26th December,
2000 in the Gazette of India, Extraordinary, Part II, Section 3, Sub Section (ii) dated the 27th
December, 2000 inviting objections and suggestions from all persons likely to be affected
thereby, before the expiry of the period of sixty days from the date on which copies of the
Gazette containing the said notification are made available to the public.
And, whereas copies of the said Gazette were made sufficient for livestock subject to veterinary
inspection available to the public on the 1st January 2001.
And, whereas no objection or suggestion has been received from the public in respect of the said
draft rules by the Central Government.
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (2) of section 38 of
the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), the Central Government hereby
makes the following rules, namely :
1. Short title and commencement:
(1) These rules may be called the Prevention of Cruelty to Animals (Slaughter House)
Rules, 2001
(2) They shall come into force on the date of their publication in the Official Gazette
2. Definitions – In these rules unless the context otherwise requires –
a) “Act” means the Prevention of Cruelty to Animals Act, 1960 (59 of 1960);
b) “Slaughter” means the killing or destruction of any animal for the purpose of food and
includes all the processes and operations performed on all such animals in order to
prepare it for being slaughtered.
c) “Slaughter house” means a slaughter house wherein 10 or more than 10 animals are
slaughtered per day and is duly licensed or recognised under a Central, State or
Provincial Act or any rules or regulations made thereunder.
d) “veterinary doctor’ means a person registered with the Veterinary Council of India
established under the Indian Veterinary Council Act, 1984 (52 of 1984).
3. Animals not to be slaughtered except in recognised or licensed houses –
4.
(1) No person shall slaughter any animal within a municipal area except in a slaughter house
recognised or licensed by the concerned authority empowered under the law for the time
being in force to do so.
(2) No animal which –
i. is pregnant, or
ii. has an offspring less than three months old, or
iii. is under the age of three months or
iv. has not been certified by a veterinary doctor that it is in a fit condition to be
slaughtered.
44
(3) The municipal or other local authority specified by the Central Government for this
purpose shall, having regard to the capacity of the slaughter house and the requirement of
the local population of the area in which a slaughter house is situated, determine the
maximum number of animals that may be slaughtered in a day.
(4) Reception area or resting grounds –
(1) The slaughter house shall have a reception area of adequate size sufficient for livestock
subject to veterinary inspection.
(2) The veterinary doctor shall examine thoroughly not more than 12 animals in an hour and
not more than 96 animals in a day.
(3) The veterinary doctor after examining the animal shall issue a fitness certificate in the
form specified by the Central Government for this purpose.

(4) The reception area of slaughter house shall have proper ramps for direct unloading of
animals from vehicles or railway wagons and the said reception area shall have adequate
facility sufficient for feeding and watering of animals.
(5) Separate isolation pens shall be provided in slaughter house with watering and feeding
arrangements for animals suspected to be suffering from contagious and infectious
diseases, and fractious animals, in order to segregate them from the remaining animals.
(6) Adequate holding area shall be provided in slaughter house according to the class of
animals to be slaughtered and the said holding area shall have water and feeding
facilities.
(7) The resting grounds in slaughter house shall have overhead protective shelters.
(8) Ante-mortem and pen area in slaughter house shall be paved with impervious material
such as concrete non-slippery herring-bone type suitable to stand wear and tear by
hooves, or brick, and pitched to suitable drainage facilities and the curbs of said
impervious material 150 to 300 mm high shall be provided around the borders of
livestock pen area, except at the entrances and such pen shall preferably be covered.
5. Lairages –
(1) Every animal after it has been subjected to veterinary inspection shall be passed on to a
lairage for resting for 24 hours before slaughter.
(2) The lairage of the slaughter house shall be adequate in size sufficient for the number of
animals to be [aired;
(3) The space provided in the pens of such lairage shall be not less than 2.8 sq.mt. per large
animal and 1.6 sq.mt. per small animal
(4) The animals shall be kept in such lairage separately depending upon their type and class
and such lairage shall be so constructed as to protect the animals from heat, cold and rain
(5) The lairage shall have adequate facilities for watering and post-mortem inspection.
6. Slaughter –
(1) No animal shall be slaughtered in a slaughter house in sight of other animals
(2) No animal shall be administered any chemical, drug or hormone before slaughter except
drug for its treatment for any specific disease or ailment.
(3) The slaughter halls in a slaughter house shall provide separate sections of adequate
dimensions sufficient for slaughter of individual animals to ensure that the animal to be
slaughtered is not within the sight of other animals.
45
(4) Every slaughter house as soon as possible shall provide a separate space for stunning of
animals prior to slaughter, bleeding and dressing of the carcasses
(5) Knocking section in slaughter house may be so planned as to suit the animal and
particularly the ritual slaughter; if any and such knocking section and dry landing area
associated with it shall be so built that escape from this section can be easily carried out
by an operator without allowing the animal to pass the escape barrier.
(6) A curbed-in bleeding area of adequate size as specified by the Central Government shall
be provided in a slaughter house and it shall be so located that the blood could not be
splashed on other animals being slaughtered or on the carcass being skinned.
(7) The blood drain and collection in a slaughter house shall be immediate and proper
(8) A floor wash point shall be provided in a slaughter house for intermittent cleaning and a
hand-wash basin and knife sterilizer shall also be provided for the sticker to sterilize knife
and wash his hands periodically.
(9) Dressing of carcasses in a slaughter house shall not be done on floor and adequate means
and tools for dehiding or belting of the animals shall be provided in a slaughter house
with means for immediate disposal of hides or skins;
(10) Hides or skins shall be immediately transported from a slaughter house either in a closed
wheelbarrow or by a chute provided with self-closing door and in no case such hides or
skins shall be spread on slaughter floor for inspection
(11) Floor wash point and adequate number of hand wash basins with sterlizer shall be
provided in a dressing area of a slaughter house with means for immediate disposal of
legs, horns, hooves and other parts of animals through spring load floor chutes or sidewall
doors or closed wheelbarrows and in case wheelbarrows or trucks are used in a slaughter
house, care shall be taken that no point wheelbarrow or truck has to ply under the
dressing rails and a clear passage is provided for movement of the trucks.
(12) Adequate space and suitable and properly located facilities shall be provided sufficient for
inspection of the viscera of the various types of animals slaughtered in a slaughter house
and it shall have adequate facilities for hand washing, tool sterilisation and floor washing
and contrivances for immediate separation and disposal of condemned material.
(13) Adequate arrangements shall be made in a slaughter house by its owner for identification,
inspection and correlation of carcass, viscera and head.
(14) In a slaughter house, a curbed and separately drained area or an area of sufficient size,
sloped 33 mm per metre to a floor drain, where the carcasses may be washed with a jet of
water, shall be provided by the owner of such slaughter house.
7. Slaughter house building – The different construction of a slaughter house shall be built
and maintained by its owner in the manner as specified below, namely :
a) Plant Building – (i) Materials used shall be impervious, easily cleansable, and resistant to
wear and corrosion. (ii) Materials such as wood, plaster board, and porous acoustic-type
boards, which are absorbent and difficult to keep clean shall not be used.
b) Floors – The floors shall be non-absorbent and nonslippery with rough finish and shall
have suitable gradient for drainage.
c) Coves – Coves with radii sufficient to promote sanitation shall be installed at the juncture
of floors and wall, in all rooms and which shall not be less than 100 mm
d) Interior Walls – (i) interior walls shall be smooth and flat and constructed of impervious
materials such a glazed brick, glazed tile, smooth surface Portland cement plaster, or
other non-toxic, non-absorber material applied to a suitable base. (ii) Walls shall b
provided with suitable sanitary type bumpers to prevent damage by hand trucks, carcass
46
shunks, and the like. (iii) The interior walls shall have washable surface up to the height
of 2 meters from the floor so that the splashes may be washed and disinfected.
e) Ceilings – (i) Ceilings shall be of the height of 5 mts or more in workrooms and so far as
structure conditions permit, ceilings shall be smooth and flat (ii) Ceilings shall be
constructed of Portland cement plaster, large size cement asbestos boards with join sealed
with a flexible sealing compound, or other acceptable impervious material and finished
so as minimise condensation, mould development, flaking and accumulation of dirt. (iii)
The walls above glazed type portion and ceiling shall be painted with water resistant
paint to maintain them clean.
f) Window Ledges – Window ledges shall be sloped 45 degrees to promote sanitation and to
avoid damage to glass in windows from impact of hand trucks and similar equipment, the
windowsills shall be 1200 mm above the floor level with proper ventilation through
mechanical venting or through working vents shall be provided in the roof structure.
g) Doorways and Doors – (i) Doorways through which product is transferred on rails or in
hand trucks shall be at least 1500 mm high and shall be atleast 1500 mm wide. (ii) Doors
shall either be of rust-resistant metal construction throughout, or if made with rust
resistant metal having tight softwood, they shall be clad on both sides with soldered or
welded seams. (iii) Doorjambs shall be clad with rust-resistant metal securely affixed so
as to provide no crevices for dirt or vermin and the juncture at which the door joins the
walls shall be effectively sealed with a flexible sealing compound.
h) Screens and Insect control – All windows, doorways and other openings that may admit
flies shall be equipped with effective insect and rodent screens and ‘Fly chaser’ fans and
ducts or air curtains shall be provided over doorways in outside wall of food handing
areas that are used for dispatch or receiving.
i) Rodent-Proofing-Except in the case of solid masonry, walls constructed of glazed tile,
glazed brick, and the like, expanded metal or wire mesh not exceeding 12.5 mm mesh,
shall be embedded in walls and floor at their junction and such mesh shall extend
vertically and horizontally to a sufficient distance to exclude the entrance of rats and
other rodents.
j) Vehicular areas for Trucks – (i) Concrete paved areas, properly drained and extending at
least 6 metres from building, loading docks or livestock platforms shall be provided at
places where vehicles are loaded or unloaded. (ii) Pressure washing jets and disinfection
facilities for trucks carrying animals shall also be provided at such places.
k) Drainage – (i) All parts of floors where wet operations are conducted shall be well
drained and as far as possible, one drainage inlet shall be provided for each 37 metre
square of floor space (ii) A slope of about 20 mm per metre to drainage inlets shall be
provided for usual conditions and it shall be ensured that the floor slopes uniformly to
drains with no low spots, which collect liquid. (iii) Floor drains shall not be provided in
freezer rooms or dry storage areas and when floor drains are installed in rooms where the
water seal in traps is likely to evaporate without replenishment, they shall be provided
with suitable removable metal screw plugs.
l) Traps and vents on drainage lines – (i) Each floor drain, including blood drains, shall be
equipped with a deep seal trap (P-, U-, or S-shape) (ii) Drainage lines shall be properly
vented to the outside air and be equipped with effective rodent screens.
m) Sanitary drainage lines – Drainage line from toilet pans and urinals shall not be connected
with other drainage lines within the plant and s6l not discharge into a grease catch basin
and such lines shall be installed so that if leakage develops, it shall not affect the product
or the equipment.
n) Lighting and ventilation – (i) Unrefrigerated work rooms shall be provided with adequate
direct natural light and ventilation or ample artificial light and ventilation by mechanical
means. (ii) Uncoloured glass having a high transmissibility of light shall be used in
skylights and windows (iii) The glass area shall be approximately one-fourth of the floor
47
area of a workroom and such ratio shall be increased where there are obstructions, such
as adjacent buildings, overhead catwalks, and hoists, which interfere with the admittance
of direct natural light. (iv) Distributed artificial lighting of much quality and at such
distances as may be specified by the Central Government shall be provided at all places
where adequate natural light is not available or is insufficient.
o) Every abattoir shall be provided with distributed artificial light of an overall intensity of
not less than 200 lux at the distances as may be specified by the Central Government
throughout the slaughter hall and workrooms and at places where meat inspection is
carried out, the overall intensity of artificial light shall be not less than 500 lux.
p) every abattoir shall be provided with suitable and sufficient means of ventilation to the
outside air and the construction of the slaughter hall shall be so arranged that the dressed
carcasses are not exposed to direct sunlight;
q) a sufficient, safe, potable and constant supply of fresh water shall be available at adequate
pressure through the premises.
r) the pressure for the general purpose of floor washing may preferably be 200 to 330 kPa
for through floor cleaning
s) for thorough and efficient washing of carcasses, a higher pressure between 1000 kPa to 1
700 kPa shall be maintained.
t) floor washing point shall be provided preferably for minimum 37 meter square on
slaughter floor and working departments
a. a constant supply of clean hot water shall be available in the slaughter hall and
workrooms during working hours and the hotwater required for frequent
sterilising of equipment shall not be less than 82 degree celsius
b. where necessary for sanitary maintenance, equipment shall be constructed and
installed so as to be completely self-draining.
c. the following materials shall not be used in an abattoir, namely �
i. copper and its alloys in equipment used for edible products.
ii. cadmium in any form in equipment handling edible products
iii.equipment with painted surface in product zone
iv.enamel containers or equipment is not desirable and
v. lead
x. all permanently mounted equipment shall either be installed sufficiently away
from walls (minimum 300 mm) to provide access for cleaning and inspection.
y. all permanently mounted equipment shall either be installed sufficiently above the
floor (minimum 300 mm) to provide access for cleaning and inspection or be
completely sealed (watertight) to the floor area.
8. Engagement in slaughter house –
(1) No owner or occupier of a slaughter house shall ngage a person for slaughtering
animals unless he possesses a valid license or authorisation issued by the municipal
or other local authority.
(2) No person who has not attained the age of 18 years shall be employed in any manner
in a slaughter house.
(3) No person who is suffering from any communicable or infectious disease shall be
permitted to slaughter an animal.
9. Inspection of slaughter house –
(1) The Animal Welfare Board of India or any person or nimal Welfare Organisation
authorised by it may inspect any slaughter house without notice to its owner or the
48
person incharge of it at any time during the working hours to ensure that the
provisions of these rules are being complied with.
(2) The person or the Animal Welfare Organisation authorised under sub rule (1) shall
after inspection send its report to Animal Welfare Board of India as well as to the
municipal or local authority for appropriate action including initiation of legal
proceedings if any, in the event of violation of any provisions of these rules.
(F.No.19/1/2000-AWD)
DHARMENDRA DEO, A. Secy

whereas the objections / suggestions received from the public have been incorporated in the
rules
Now, therefore, in exercise of the powers conferred by sub-sections (1) and (2) of section 38 of
the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), the Central Government hereby
makes the following rules, namely:-
1. Short title, extent and commencement.
a) These rules may be called the Prevention of Cruelty to Animals Rules
(Regulation of Livestock Markets), 2015.
b) These shall come into force on the date of their publication in the Official
Gazette
2. Definitions.
a) In the rules, unless the context otherwise requires, –
i. “Act” means the Prevention of Cruelty to Animals Act, 1960 (59 of
1960).
ii. ―Animals‖ means cattle, sheep, goats, horse, ponies, donkey, mulesand
all other ruminating animals, pigs and poultry;
iii. ―Board‖ means the Animal Welfare Board of India established under
Section 4, and as reconstituted form time to time under Section 5A of the
Act.
iv. ―State Board‖ means the State Animal Welfare Board
v. ―Local Authority‖ means a municipal committee, municipal corporation
or municipal board, in an urban area ; Cantonment Board in an army area
;District Panchayat orBlock Development Committee in a rural area.
56
vi. ―Prescribed Authority” means the Board or such other authority or an
officer authorised by the Board;
vii. ―Society for Prevention of Cruelty to Animals (SPCA)‖ means a SPCA
recognized under the PCA (SPCA) Rules 2001.
viii. ―Calf‖ means a bovine animal under the age of six months;
ix. ―Cattle‖ means a bovine animal including bulls, cows, buffalos, steers,
heifers and calves and shall include camels.
x. ―Inspector‖ means a person appointed to be an inspector for the purposes
of the Act by the board, state board or by a local authority and, when
used in relation to a person appointed by the animal husbandry
department, includes a veterinary inspector;
xi. ―Fractious animal‖ is an animal that is likely to cause injury to other
animals.
xii. ―Market‖ means a market place or sale-yard or any other premises or
place to which animals are brought from other places and exposed for
sale and includes any lairage adjoining a market or a slaughterhouse and
used in connection with it and any place adjoining a market used as a
parking area by visitors to the market for parking vehicles and includes
animal fairs and cattle pound where are offered or displayed for sale;
xiii. ―Animal Market Committee‖ means the committee formed under these
rules which is responsible for the upkeep of a market or for the provision
of fixed facilities there;
xiv. ―Poultry‖ means live birds of domestic fowls, turkeys, geese, ducks,
guinea-fowls, pheasants, partridges and quails;
xv. ―Unfit‖ includes infirm, diseased, ill, injured and fatigued;
xvi. ―Vehicle‖ means any vehicle (including a trailer of any description and
the detachable body of a vehicle) constructed or adapted for use on a
road;
xvii. ―Veterinary inspector‖ means a registered veterinary practitioner
appointed as veterinary inspector by the Local Authority.
xviii. ―Cattle smuggling‖ means out-of State transport of cattle without
permission as per legal provisions regarding protection of cattle.
3. Establishment of the District Animal Market Monitoring Committee
a) The District Collector/Magistrate in consultation with board and state board shall
constitute Animal Market Monitoring Committee under his leadership for
regulation of animal markets in the district.
b) The constitution of the committee shall be as follows:
i. District Collector/Magistrate Chairman of the Committee
ii. Chief Veterinary Officer/ Animal Husbandry district head – Member
Secretary
iii. Jurisdictional Divisional Forest Officer
iv. Jurisdictional Superintendent of Police
57
v. Representative of the SPCA
vi. 2 representatives from Animal Welfare Organization recognized by the
board
c) Minimum quorum for the meeting shall be 4 members.
d) A person who has been charged or whose family members or relatives who have
been charged under the act or any cattle preservation act made by the state
government shall be prohibited from being the member of the committee and
shall not be involved in the regulation of the cattle market.
4. Establishment of the Animal Market Committee
a) The local authority in consultation with board or state board shall constitute
Animal Market Committeeunder the leadership of Chairman of the local
authority for the management of animal markets.
b) The constitution of the committee shall be as follows:
vii. Chairman of local body Chairman of the Committee
viii. Chief Municipal officer/Chief executive officer of local authority
Member Secretary.
ix. JurisdictionalTahasildar
x. Jurisdictional Forest Range Officer
xi. Jurisdictional Veterinary Officer
xii. Jurisdictional Police Inspector
xiii. Representative of the SPCA
xiv. 2 representatives from Animal Welfare Organization recognized by the
board
c) Minimum quorum for the meeting shall be 8 members.
d) A person who has been charged or whose family members or relatives who have
been charged under the act or any cattle preservation acts made by the state
government shall be prohibited from being the member of the committee and
shall not be involved in the management of the cattle market.
e) The Member Secretary will bear the responsibility of ensuring compliance of
these rules.
f) The Animal Market Committee shall have control of the land where such fairs
are held.
g) The Animal Market Committee shall ensure that the land where such fairs are
held are not low lying areas.
h) The Animal Market Committee shall display conspicuously the relevant extracts
of the Rules for the owners and the purchasers.
5. Registration of Existing Markets:
a. The local authority shall make a list of markets functional prior to the notification
of these rules
b. The local authority shall constitute an Animal Market Committee for each of this
market.
58
c. Every market functional prior to the notification of these rules shall within 3
months from the date of notification of these rules register themselves with the
District Animal Market Monitoring Committee
d. The Animal Market Committee shall apply for registration with the District
Animal Market Monitoring Committee.
e. The District Animal Market Monitoring Committee before granting registration
shall ensure that all requirements stipulated in the rule are fulfilled in the market.
f. Without prejudice to the generality of paragraph (b) above it shall be the duty of
District Animal Market Monitoring Committeeto ensure that the animal market
adheres to the BIS Standards and has adequate: –
i. Housing
ii. Feeding& water troughs
iii. Lighting
iv. Ramps
v. Enclosures for sick and infirm animals
vi. Veterinary facility
vii. Feed storage area
viii. Water supply
ix. Toilets
x. Trevis
xi. Fire-fighting equipment
xii. Drainage
g. The District Animal Market Monitoring Committee will determine the maximum
holding capacity of the market and that shall be displayed in a prominent place.
h. TheDistrict Animal Market Monitoring Committee, while granting registration,
may impose conditions as it deems fit to implement these rules.
i. If the District Animal Market Monitoring Committee rejects the application then
the market shall cease to exist from the date of rejection.
j. The District Animal Market MonitoringCommittee shall dispose the application
for registration within one month from the date of application.
k. The District Animal Market Monitoring Committee shall ensure that all funds
and earnings of animal markets are utilized for the welfare of animals, i.e., for
upkeep of Gaushalas, SPCA and animal welfare organizations.
6. Establishment of New Markets:
a) When local authority or any other authority deems fit and necessary to establish
an animal market within their jurisdiction, they shallas per BIS Standards,
identify a suitable location and develop a blueprint of the market.
b) The local authority shall constitute the Animal Market Committee and apply to
theDistrict Animal Market Monitoring Committee before construction.
c) The District Animal Market Monitoring Committeemay provide an approval to
the blueprint or seek further modification or reject the proposal.
d) The District Animal Market Monitoring Committee before granting final
59
registration, before commissioning of the market post construction, shall ensure
that all requirements in stipulated in the rule is fulfilled in the market.
e) Without prejudice to the generality of paragraph (b) above, it shall be the duty of
District Animal Market Monitoring Committeeto ensure that the animal market
has adequate: –
i. Housing
ii. Feeding & water troughs accessible to all animals
iii. Lighting
iv. Ramps
v. Enclosures for sick and infirm animals
vi. Veterinary facility
vii. Feed storage area
viii. Water supply
ix. Toilets
x. Trevis
xi. Fire-fighting equipment
xii. Drainage
f) The District Animal Market Monitoring Committee will determine the maximum
holding capacity of the market and that shall be displayed in a prominent place.
g) TheDistrict Animal Market Monitoring Committee, while granting registration,
may impose conditions as it deems fit to implement these rules.
7. Additional Precaution to be taken with markets in Border area:
a) District Animal Market Monitoring Committee shall take additional steps to
ensure that no animal market is organized in a place which is situated within 30
kilometers from any state border; or which is situated within 100 kilometers
from any international border.
8. Powers of the Board to issue directions etc.
a. The Board or State Board may from time to time give such directions to the local
authorities and local animal husbandry department as it may deem fit for
furtherance of sententialegis and to facilitate compliance with these rules.
b. District Animal Market Monitoring Committee and Animal Market
Committeeshall provide all records and information pertaining to the functioning
of market to the Board or State Board as and when it is requested. The Board or
State Board may call for additional records and information as it deems fit.
9. Powers of the Board to authorize inspection and seizure: For the purpose of ensuring
compliance, the Board, State Board, local authority, District Animal Market Monitoring
Committeeor state animal husbandry department may authorize any of its officers in
writing to inspect any market, and report to the Board, local authority, Animal Market
Monitoring Committee, state animal husbandry department as the case may be, the
result of such inspection, and any officer or person so authorized may –
a) Enter at any time considered reasonable by him and inspect market; and
b) require any person to produce any record kept by him with respect to themarket.
60
c) seize any animal if there is reason to believe that the provisions of the Act, are
not being followed or that the animals are being treated cruelly. The animals so
seized shall be kept in the custody of the local SPCA or an animal welfare
organization.The expenditure incurred on keeping such animals at local SPCA,
Animal Welfare Organization shall be borne by the Animal Market Committee.
Species-wise rates on per day basis may be fixed by the state board from time to
time.
10. Veterinarians at Markets
a) Every market shall have adequate number of veterinary and veterinary assistants
inspectors appointed by District Animal Market Monitoring Committee.
b) The veterinary inspector must supervise the unloading and arrival of animals at
market and inspect all animals as soon as practical after arrival and deal
appropriately with any that are ill, sick or injured.
c) The veterinary inspector must also make the required checks of the load against
the transport documentation provided.
d) The veterinary inspector must treat or supervise the treatment of any animals
that, on arrival, are ill, sick or injured in the designated isolation facilities.
e) The veterinary inspector must monitor the handling of all animals in the market
and ensure that animals are handled appropriately at all times.
f) The veterinary inspector must supervise the loading of animals from the market
and ensure that all animals are fit for the intended journey and provide the
necessary veterinary certification.
g) The veterinary inspector shall maintain records of all animals inspected , treated ,
number of transport permit issued, number of animals found unfit for transport
and what action was initiated when an animal was found unfit for transport.
11. Unfit animals and animals likely to give birth
a) No person shall permit an unfit animal to be for sale in a market.
b) No person shall permit an animal to be offered, displayed for sale in a market if
it is likely to give birth while it is there or during its transportation.
12. Protection of animals from injury or unnecessary suffering
a) No person shall cause or permit any injury or unnecessary suffering to an animal
in a market.
b) Without prejudice to the generality of paragraph (a) above, it shall be the duty of
any person in charge of an animal in a market to ensure that the animal is not, or
is not likely to be, caused injury or unnecessary suffering by reason of—
i. the animal being exposed to the weather;
ii. inadequate ventilation being available for the animal;
iii. the animal being hit or prodded by any instrument or other thing; orany
other cause.
iv. being tethered on a short rope for a unreasonable period.
v. thirst or starvation
61
vi. introduce foreign objects into the genitals or anus
vii. holding milk for more than 12 hours
viii. pumping milk back into the udder
13. Handling and tying of animals
a) no person shall handle an animal in a market by—
i. lifting it off the ground , other than poultry for weighing propose
ii. dragging it along the ground; or
iii. suspending it clear of the ground,
by the head, neck, ears, horns, legs, feet, tail, fleece or wing.
b) below, no person shall—
i. tie up or muzzle any calf; or
ii. tie any poultry by the neck, leg or wing or carry poultry upside down
14. Control of animals
a) No person shall use excessive force to control any animals in a market, including
but not limited to breaking of tail, hitting with stick, goad or other instrument,
pinch, prick, crush, hit external genitalia with any instrument or hands, rubbing
chilly or any other substance in the eyes, nose rings.
b) No person shall drive or lead any animal over any ground or floor, the nature or
condition of which is likely to cause the animal to slip or fall.
15. Penning and caging of animals
a) It shall be the duty of Member Secretary of Animal Market Committeeto ensure
that no animal is kept in a pen, cage or other enclosures, which is unsuitable for
the size and species of that animal.
b) Without prejudice to the generality of paragraph above it shall be the duty of a
Member Secretary of Animal Market Committeeto ensure that—
i. any pen in which any calves or pigs are kept is of sufficient size to enable
all the calves or pigs kept in it to lie down at the same time;
ii. any cage or enclosure in which any poultry are kept—
a. is of such a design as to enable the poultry to stand in their natural
position
b. has a door which is of sufficient size to enable the poultry to be placed
in, and removed from, the cage or enclosure without being caused any
injury or unnecessary suffering.
c) Without prejudice to the generality of paragraph above, it shall be the duty of
Member Secretary of Animal Market Committee to ensure that, within the
market—
d) when animals are penned—
i. those of one species are kept in separate pens from animals of another
species; and
ii. they are distributed within the pens, having regard to differences in age
and size, so as to avoid unnecessary suffering to them;
62
iii. any fractious animal is kept in a separate pen, cage or enclosures from
other animals;
iv. animals are not kept in pens, cages or enclosures which are overcrowded;
v. pregnant animals shall be kept separately.
e) adequate provision is made to prevent animals—
i. escaping from the market, and
ii. coming into contact with any aggressive or fractious animals in the
market;
f) a bull/oxen is not kept in the same undivided pen in the market as any other
animal except that—
i. bulls/oxenmay be kept together in the same undivided pen if they are all
secured by the head or neck, and
ii. bulls/oxen which have been reared together may be kept together in the
same undivided pen (without being secured by the head or neck);
g) a boar over the age of 6 months is not kept in the same undivided pen as any
other animal; and
h) animals with young at foot are not kept in the same undivided pen as any other
animals, except where they originate from the same group of animals and are of
a mutually acceptable disposition.
16. Feeding and watering of animals
a) It shall be the duty of the person in charge of an animal to ensure that the animal is
provided with an adequate quantity of wholesome water as often as is necessary to
prevent it suffering from thirst.
b) The Animal Market Committee shall ensure that animal feed is sold at a market at a
prescribed price and water to be provided for free of cost to all animals.
c) It shall be the duty of the owner (or his duly authorised agent) of an animal which is
kept in a market from one day to the next to ensure that the animal is provided with an
adequate quantity of suitable food and with an adequate quantity of wholesome water—
i. before 9 p.m. on the day on which the animal arrives at the market or, if it arrives
at the market after 9 p.m., immediately on its arrival there; and
ii. thereafter at least once in each complete period of 12 hours (calculated from 9
p.m. on the day of its arrival at the market) during which the animal is kept in the
market.
17. Provision of lighting and bedding
a) It shall be the duty of theMember Secretary of Animal Market Committee or other
person for the time being in charge of an animal to ensure thatadequate lighting is
available to enable animals kept in the market to be inspected and to be fed and watered;
b) It shall be the duty of Member Secretary of Animal Market Committee or other person
for the time being in charge of an animal to ensure that an adequate supply of suitable
bedding is provided for animals.
18. Covered accommodation
It shall be the duty of the Member Secretary of Animal Market Committee to provide
63
covered accommodation in the marketfor animals.
19. Restriction on entry of animals not vaccinated against common contagious
diseases:
a) The animal must be vaccinated at least one week before bringing to the market
against the following contagious diseases or as notified by the Animal
Husbandry department from time to time:
i) Cattle and Buffalo: foot and mouth diseases, Hemorrhagic Septicemia
ii) Sheep/Goat: Enterotoxaemia, sheep fox
iii) Pigs: Swine Flu
b) A certificate of such vaccination shall be obtained from the registered veterinary
practitioner and must be produced before entry of the animals to the market.
20. Restrictions on the sale of cattle : The Member Secretary of Animal Market
Committee shall ensure that
a) No person shall bring to a market a calf that is less than 6 months old
b) Every cattle shall be milked before it is brought to the Market and before
transportation
c) No person shall bring a cattle to a market unless upon arrival he has furnished a
written declaration signed by the owner of the cattle or his duly authorised
agent—
i. stating the name and address of the owner of the cattle , with a copy of
the photo identification proof;
ii. giving details of the identification of the cattle ;
iii. stating that the cattlehas not been brought to market for sale for slaughter
d) Every declaration furnished to the Animal Market Committeeabove shall be
retained by them for a period of 6 months from the date on which it is furnished
to them and the Animal Market Committee shall, on demand made by an
inspector at any reasonable time during that period, produce such declaration and
allow a copy of it or an extract from it to be taken.
e) Where a cattle has been sold and before its removal from the market, the Animal
Market Committee shall—
i. Take an undertaking that the cattle are bought for agriculture purposes
and not for slaughter.
ii. keep a record of name and address of that purchaser and procure a
identity proof of the buyer.
iii. Verify that the purchaser is an agriculturist by seeing any revenue
document.
iv. The purchaser of the cattle shall give a declaration that he shall not sell
the animals up to 6 months from the date of purchase, in case of death of
the animal he would get a post mortem from a government veterinary
hospital and shall abide by the rules for transport framed under this act or
any other legislation.
64
v. retain such record for a period of 6 months from the date of sale.
vi. produce such record to an inspector on demand being made by him at any
reasonable time during that period and allow a copy of it or an extract
from it to be taken.
f) The purchaser of the cattle shall –
i. Not sell the animal for slaughter purpose.
ii. Shall follow the state cattle protection/ preservation acts.
iii. Shall not sacrifice the animal for any religious purpose.
iv. Shall not sell the cattle to a person outside the state without permission as
per the state cattle protection/ preservation acts. The cattle shall be
presumed to be smuggled if the animal purchaser fails to show the
physical presence of the animal during the physical inspection of animal
in his custody or in the custody of another farmer in the state.
g) Where a cattle has been sold and before its removal from the market, the proof of
sale shall be issued in five copies, out of those first be handed over to purchaser,
second copy to seller, third copy to tehsil office of the residence of purchaser,
fourth copy to the Chief Veterinary Officer Office of District of Purchaser & last
copy be kept intact in the record by theAnimal Market Committee.
21. Additional duties of market authorities
It shall be the duty of Animal Market Committee to ensure that—
a) all passageways in the market and all pens in which animals are kept—
i. are constructed and maintained in a manner which is not likely to cause
injury or unnecessary suffering to animals; and
ii. are free from any sharp edges or projections with which animals may
come into contact;
iii. have an adequate supply of wholesome water made available for animals;
iv. have adequate facilities in the form of troughs, buckets, drinking bowls
or other drinking devices made available for watering animals; and
b) any& all covered accommodation in the market in which animals are kept shall
be adequately ventilated.
22. Accommodation for unfit animals
It shall be the duty of theAnimal Market Committee to ensure that—
a) suitable pens are available in which any unfit animals may be separated from
other animals; and
b) any such pen in which an unfit animal is being kept is clearly marked so as to
show that it is being used for this purpose and that entry to the pen is prohibited
unless under the authority of an inspector.
23. Detention and treatment of unfit animals
a) Where an veterinaryinspector has reasonable grounds for supposing that any
animal in a market is unfit he may move it, or cause it to be moved, to a pen
provided in the market for the accommodation of unfit animals or to any other
65
suitable place in the market and require the Animal Market Committee to detain
the animal there pending its examination by a veterinary inspector.
b) Where a veterinary inspector is of the opinion that any animal in a market is
unfit, he may treat it, or cause it to be treated, and take, or cause to be taken, any
other steps that he considers necessary to protect it from suffering, and he may
for any such purpose require the Animal Market Committee to detain the animal
in a pen for as long as he considers necessary for the purpose of further treatment
or otherwise protecting it from suffering.
c) Where an animal is being detained in pursuance of this rule no person shall move
it from its place of detention except with the approval of a veterinary inspector
and in accordance with any conditions subject to which the approval is given.
d) Animal Market Committee shall—
i. render such reasonable assistance to an inspector as he may require for
the purpose of facilitating the exercise of his powers under this rule.
ii. give to an inspector such information as he possesses as to the ownership
of any animal in respect of which any such power is exercised.
iii. ensure that the amount of any expenses reasonably incurred by a
veterinary inspector in treating, or causing to be treated, an unfit animal
in exercise of the power conferred to him by this rule shall be recoverable
by the appropriate localauthority as a debt from the owner of the animal
in respect of which the power was exercised.
24. Marking of animals
An inspector may, for the purposes of this Order, mark, or cause to be marked, any
animal including ear tags. To ensure convenient tagging health examination of sick and
injured animals, proper provisions of trevis with shade is to be ensured by the member
secretary of the Animal Marketing Committee. It shall have proper electricity and
lighting.
25. Ramps
Where, at any time after the coming into force of this rule, any premises are constructed
for use as a market it shall be the duty of the Animal Market Committee for that market
to ensure that facilities are provided in the market for the purpose of loading and
unloading cattle, sheep, goats and pigs into and out of vehicles and that those facilities
consist of fixed ramps or other facilities which are of a height and design suitable and as
prescribed for that purpose; and it shall be the duty of the Animal Market Committee to
ensure that any fixed ramp or other facilities which are so provided are fitted with side
railings (or some other means of protection) designed and constructed so as to prevent
such animals from falling off them.
26. Local authority to enforce the rule
a) The provisions of this ruleshall, except where otherwise expressly provided, be
executed and enforced by the District Magistrate / Collector.
b) If the District Magistrate / Collector on his own accord or on receipt of
66
complaint, has determined that a market is functioning in breach of these
rules,he/she may direct the closure of such market.
27. Indemnity
Inspectors appointed by the State Board, Animal Husbandry Department, District
Magistrate shall be considered to be public servant as per Section 21 of the Indian Penal
Code and theprotection &indemnity provided in section 39 & section 40 of the Act shall
be extended to them.
28. Saving
The provisions of this ruleare in addition to, and not in substitution for any legislation
enacted by the state governments to regulate animal markets and nothing contained in
this rule shall affect, or be affected by, the provisions of that act

MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 24th August, 2006/Bhadra2, 1928( Saka)
The following Act of Parliament received the assent of the President on 23rd August, 2006, and
is hereby published for general information:-
FOOD SAFETY AND STANDARDS ACT, 2006
No. 34 OF 2006
[23rd August, 2006]
An Act to consolidate the laws relating to food and to establish the Food Safety and Standards
Authority of India for laying down science based standards for articles of food and to regulate
their manufacture, storage, distribution, sale and import, to ensure availability of safe and
wholesome food for human consumption and for matters connected therewith or incidental
thereto.
BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as
follows:-
CHAPTER I
PRELIMINARY 1.
Short title, extent and commencement
1. This Act may be called the Food Safety and Standards Act, 2006.
2. It extends to the whole of India.
3. It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint, and different dates may be appointed for different provisions of
this Act and any reference in any such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.
2. Declaration as to expediency of control by the Union.
It is hereby declared that it is expedient in the public interest that the Union should take under its
control the food industry.
3. Definitions.
(1) In this Act, unless the context otherwise requires, –
(a) ―adulterant‖ means any material which is or could be employed for making the food
unsafe or sub-standard or mis-branded or containing extraneous matter;
(b) ―advertisement‖ means any audio or visual publicity, representation or pronouncement
made by means of any light, sound, smoke, gas, print, electronic media, internet or
website and includes through any notice, circular, label, wrapper, invoice or other
documents;
(c) ―Chairperson‖ means the Chairperson of the Food Authority;
(d) ―claim‖ means any representation which states, suggests, or implies that a food has
particular qualities relating to its origin, nutritional properties, nature, processing,
composition or otherwise;
(e) ―Commissioner of Food Safety‖ means the Commissioner of Food Safety appointed
under section 30;
73
(f) ―consumer‖ means persons and families purchasing and receiving food in order to meet
their personal needs;
(g) ―contaminant‖ means any substance, whether or not added to food, but which is present
in such food as a result of the production (including operations carried out in crop
husbandry, animal husbandry or veterinary medicine), manufacture, processing,
preparation, treatment, packing, packaging, transport or holding of such food or as a
result of environmental contamination and does not include insect fragments, rodent hairs
and other extraneous matter;
(h) ―Designated Officer‖ means the officer appointed under section 36;
(i) ―extraneous matter‖ means any matter contained in an article of food which may be
carried from the raw materials, packaging materials or process systems used for its
manufacture or which is added to it, but such matter does not render such article of food
unsafe;
(j) ―Food‖ means any substance, whether processed, partially processed or unprocessed,
which is intended for human consumption and includes primary food to the extent
defined in clause (zk), genetically modified or engineered food or food containing such
ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum, and any
substance, including water used into the food during its manufacture, preparation or
treatment but does not include any animal feed, live animals unless they are prepared or
processed for placing on the market for human consumption, plants, prior to harvesting,
drugs and medicinal products, cosmetics, narcotic or psychotropic substances :
Provided that the Central Government may declare, by notification in the Official
Gazette, any other article as food for the purposes of this Act having regards to its use,
nature, substance or quality;
(k) ―food additive‖ means any substance not normally consumed as a food by itself or used
as a typical ingredient of the food, whether or not it has nutritive value, the intentional
addition of which to food for a technological (including organoleptic) purpose in the
manufacture, processing, preparation, treatment, packing, packaging, transport or
holding of such food results, or may be reasonably expected to result (directly or
indirectly), in it or its by-products becoming a component of or otherwise affecting the
characteristics of such food but does not include ―contaminants‖ or substances added to
food for maintaining or improving nutritional qualities;
(l) ―Food Analyst‖ means an analyst appointed under section45;
(m) ―Food Authority‖ means the Food Safety and Standards Authority of India established
under section 4;
(n) ―Food business‖ means any undertaking, whether for profit or not and whether public
or private, carrying out any of the activities related to any stage of manufacture,
processing, packaging, storage, transportation, distribution of food, import and includes
food services, catering services, sale of food or food ingredients;
(o) ―food business operator‖ in relation to food business means a person by whom the
business is carried on or owned and is responsible for ensuring the compliance of this
Act, rules and regulations made thereunder;
(p) ―food laboratory‖ means any food laboratory or institute established by the Central or a
State Government or any other agency and accredited by National Accreditation Board
for Testing and Calibration Laboratories or an equivalent accreditation agency and
recognised by the Food Authority under section 43;
(q) ―food safety‖ means assurance that food is acceptable for human consumption
according to its intended use;
(r) ―food safety audit‖ means a systematic and functionally independent examination of
food safety measures adopted by manufacturing units to determine whether such
measures and related results meet with objectives of food safety and the claims made in
74
that behalf;
(s) Food Safety Management System‖ means the adoption Good Manufacturing Practices,
Good Hygienic Practices, Hazard Analysis and Critical Control Point and such other
practices as may be specified by regulation, for the food business;
(t) ―Food Safety Officer‖ means an officer appointed under section 37;
(u) ―hazard‖ means a biological, chemical or physical agent in, or condition of, food with
the potential to cause an adverse health effect;
(v) ―import‖ means bringing into India any article of food by land, sea or air;
(w) ―improvement notice‖ means a notice issued under section 32 of this Act;
(x) ―infant food‖ and ―infant milk substitute‖ shall have the meanings assigned to them in
clauses (f) and (g) of subsection (l) of section 2 of the Infant Milk Substitutes, Feeding
Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act,
1992(41 of 1992), respectively;
(y) ―ingredient‖ means any substance, including a food additive used in the manufacture or
preparation of food and present in the final product, possibly in a modified form;
(z) ―label‖ means any tag, brand, mark, pictorial or other descriptive matter, written,
printed, stencilled, marked, embossed, graphic, perforated, stamped or impressed on or
attached to container, cover, lid or crown of any food package and includes a product
insert;
(za) ―licence‖ means a licence granted under section 31;
(zb) ―local area‖ means any area, whether urban or rural, notified by the Commissioner of
Food Safety, to be a local area for the purposes of this Act;
(zc) ―manufacture‖ means a process or adoption or any treatment for conversion of
ingredients into an article of food, which includes any sub-process, incidental or
ancillary to the manufacture of an article of food;
(zd) ―manufacturer‖ means a person engaged in the business of manufacturing any article
of food for sale and includes any person who obtains such article from another
person and packs and labels it for sale or only labels it for such purposes;
(ze)―Member‖ means Member of the Food Authority and includes the Chairperson;
(zf) ―misbranded food‖ means an article of food –
(a) if it is purported, or is represented to be, or is being –
i. offered or promoted for sale with false, misleading or deceptive claims either;
(a) upon the label of the package, or
(b) through advertisement, or
ii. sold by a name which belongs to another article of food; or
iii. offered or promoted for sale under the name of a fictitious individual or company as
the manufacturer or producer of the article as borne on the package or containing
the article or the label on such package; or
(b) if the article is sold in packages which have been sealed or prepared by or at the
instance of the manufacturer or producer bearing his name and address but –
75
i. the article is an imitation of, or is a substitute for, or resembles in a manner likely
to deceive, another article of food under the name of which it is sold, and is not
plainly and conspicuously labelled so as to indicate its true character; or
ii. the package containing the article or the label on the package bears any statement,
design or device regarding the ingredients or the substances contained therein,
which is false or misleading in any material particular, or if the package is
otherwise deceptive with respect to its contents; or
iii. the article is offered for sale as the product of any place or country which is false;
or
(c) if the article contained in the package –
i. contains any artificial flavouring, colouring or chemical preservative and the
package is without a declaratory label stating that fact or is not labelled in
accordance with the requirements of this Act or regulations made thereunder or
is in contravention thereof; or
ii. is offered for sale for special dietary uses, unless its label bears such information
as may be specified by regulation, concerning its vitamins, minerals or other
dietary properties in order sufficiently to inform its purchaser as to its value for
such use; or
iii. is not conspicuously or correctly stated on the outside thereof within the limits of
variability laid down under this Act.
(zg) ―notification‖ means a notification published in the Official Gazette;
(zh) ―package‖ means a pre-packed box, bottle, casket, tin, barrel, case, pouch,
receptacle, sack, bag, wrapper or such other things in which an article of food
is packed;
(zi) ―premises‖ include any shop, stall, hotel, restaurant, airline services and food
canteens, place or vehicle or vessel where any article of food is sold or
manufactured or stored for sale;
(zj) ―prescribed‖ means prescribed by rules made by the Central Government or
the State Government, as the case may be under this Act;
(zk) ―primary food‖ means an article of food, being a produce of agriculture or
horticulture or animal husbandry and dairying or aquaculture in its natural
form, resulting from the growing, raising, cultivation, picking, harvesting,
collection or catching in the hands of a person other than a farmer or
fisherman;
(zl) ―prohibition order‖ means an order issued under section 33 of this Act;
(zm) ―risk‖, in relation to any article of food, means the probability of an adverse
effect on the health of consumers of such food and the severity of that effect,
consequential to a food hazard;
(zn) ―risk analysis‖, in relation to any article of food, means a process consisting of
three components, i.e. risk assessment, risk management and risk
communication;
(zo) ―risk assessment‖ means a scientifically based process consisting of the
following steps : (i) hazard identification,(ii) hazard characterisation; (iii)
exposure assessment, and (iv) risk characterisation;
76
(zp) ―risk communication‖ means the interactive exchange of information and opinions
throughout the risk analysis process concerning risks, risk-related factors and risk perceptions,
among risk assessors, risk managers, consumers, industry, the academic community and other
interested parties, including the explanation of risk assessment findings and the basis of risk
management decisions;
(zq) ―risk management‖ means the process, distinct from risk assessment, of evaluating policy
alternatives, in consultation with all interested parties considering risk assessment and other
factors relevant for the protection of health of consumers and for the promotion of fair trade
practices, and, if needed, selecting appropriate prevention and control options;
(zr) ―sale‖ with its grammatical variations and cognate expressions, means the sale of any article
of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail,
for human consumption or use, or for analysis, and includes an agreement for sale, an offer for
sale, the exposing for sale or having in possession for sale of any such article, and includes also
an attempt to sell any such article;
(zs) ―sample‖ means a sample of any article of food taken under the provisions of this Act or
any rules and regulations made thereunder;
(zt) ―specified by regulations‖ means specified by regulations made by the Food Authority;
(zu) ―standard‖, in relation to any article of food, means the standards notified by the Food
Authority;
(zv) ―State Government‖ in relation to a Union territory means the Administrator of that Union
territory appointed by the President under article 239 of the Constitution;
(zw) ―substance‖ includes any natural or artificial substance or other matter, whether it is in a
solid state or in liquid form or in the form of gas or vapour;
(zx) ―Sub-standard‖ an article of food shall be deemed to be sub-standard if it does not meet the
specified standards but not so as to render the article of food unsafe;
(zy) ―Tribunal‖ means the Food Safety Appellate Tribunal established under section 70;
(zz) ―unsafe food‖ means an article of food whose nature, substance or quality is so affected as
to render it injurious to health :—
i. by the article itself, or its package thereof, which is composed, whether wholly or in
part, of poisonous or deleterious substance; or
ii. by the article consisting, wholly or in part, of any filthy, putrid, rotten, decomposed
or diseased animal substance or vegetable substance; or
iii. by virtue of its unhygienic processing or the presence in that article of any harmful
substance; or
iv. by the substitution of any inferior or cheaper substance whether wholly or in part; or
v. by addition of a substance directly or as an ingredient which is not permitted; or
vi. by the abstraction, wholly or in part, of any of its constituents; or
vii. by the article being so coloured, flavoured or coated, powdered or polished, as to
damage or conceal the article or to make it appear better or of greater value than it
really is; or
viii. by the presence of any colouring matter or preservatives other than that specified in
respect thereof; or
77
ix. by the article having been infected or infested with worms, weevils, or insects; or
x. by virtue of its being prepared, packed or kept under insanitary conditions; or
xi. by virtue of its being mis-branded or sub-standard or food containing extraneous
matter; or
xii. by virtue of containing pesticides and other contaminants in excess of quantities
specified by regulations.
(2) Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir
shall, in relation to that State, be construed as a reference to the corresponding Law, if any,
in force in that State.
CHAPTER II
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA
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 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,
v. Health,
vi. Legislative Affairs,
vii. Small Scale Industries,
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;
78
(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.
(4) The Chairperson and the Members other than ex officio Members of the Food Authority
shall be appointed by the Central Government on the recommendations of the Selection
Committee.
(5) The Chairperson or Members other than ex-officio Members 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.
79
(4) The Selection Committee shall recommend a panel of two names for every vacancy
referred to it.
(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:
Provided that the Chairperson shall not hold office as such after he has attained the
age of sixty-five years.
(a) in the case of the Chairperson, the age of sixty-five years, and
(b)in the case of a Member, the age of sixty-two 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.
80
(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 MemberSecretary 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.
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) nsuring 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.
81
(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.
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,
82
(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.
83
(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.
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
84
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
(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
co-operation 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
85
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 phyto-sanitary 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 nongovernmental 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.
(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.
86
(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
CHAPTER III
GENERAL PRINCIPLES OF FOOD SAFETY
18. General principles to be followed in Administration of Act.
The Central Government, the State Governments, the Food Authority and other agencies, as the
case may be, while implementing the provisions of this Act shall be guided by the following
principles namely:-
(1) (a) endeavour to achieve an appropriate level of protection of human life and health
and the protection of consumer‘s interests, including fair practices in all kinds of food
trade with reference to food safety standards and practices;
(b) carry out risk management which shall include taking into account the results of
risk assessment and other factors which in the opinion of the Food Authority are
relevant to the matter under consideration and where the conditions are relevant, in
order to achieve the general objectives of regulations;
(c) where in any specific circumstances, on the basis of assessment of available
information, the possibility of harmful effects on health is identified but scientific
uncertainty persists, provisional risk management measures necessary to ensure
appropriate level of health protection may be adopted, pending further scientific
information for a more comprehensive risk assessment;
(d) the measures adopted on the basis of clause (c) shall be proportionate and no
more restrictive of trade than is required to achieve appropriate level of health
protection, regard being had to technical and economic feasibility and other factors
regarded as reasonable and proper in the matter under consideration;
(e) The measures adopted shall be reviewed within a reasonable period of time,
depending on the nature of the risk to life or health being identified and the type of
scientific information needed to clarify the scientific uncertainty and to conduct a
more comprehensive risk assessment;
87
(f) in cases where there are reasonable grounds to suspect that a food may present a
risk for human health, then, depending on the nature, seriousness and extent of that
risk, the Food Authority and the Commissioner of Food Safety shall take appropriate
steps to inform the general public of the nature of the risk to health, identifying to the
fullest extent possible the food or type of food, the risk that it may present, and the
measures which are taken or about to be taken to prevent, reduce or eliminate that
risk; and
(g) where any food which fails to comply with food safety requirements is part of a
batch, lot or consignment of food of the same class or description, it shall be
presumed until the contrary is proved, that all of the food in that batch, lot or
consignment fails to comply with those requirements.
(2) The Food Authority shall, while framing regulations or specifying standards under
this Act–
(a) take into account –
(i) prevalent practices and conditions in the country including agricultural practices
and handling, storage and transport conditions; and
(ii) international standards and practices, where international standards or practices
exist or are in the process of being formulated, unless it is of opinion that taking
into account of such prevalent practices and conditions or international standards
or practices or any particular part thereof would not be an effective or appropriate
means for securing the objectives of such regulations or where there is a scientific
justification or where they would result in a different level of protection from the
one determined as appropriate in the country;
(b) determine food standards on the basis of risk analysis except where it is of
opinion that such analysis is not appropriate to the circumstances or the nature of
the case;
(c) undertake risk assessment based on the available scientific evidence and in an
independent, objective and transparent manner;
(d) ensure that there is open and transparent public consultation, directly or through
representative bodies including all levels of panchayats, during the preparation,
evaluation and revision of regulations, except where it is of opinion that there is
an urgency concerning food safety or public health to make or amend the
regulations in which case such consultation may be dispensed with :
Provided that such regulations shall be in force for not more than six months;
(e) ensure protection of the interests of consumers and shall provide a basis for
consumers to make informed choices in relation to the foods they consume;
(f) ensure prevention of –
(i) fraudulent, deceptive or unfair trade practices which may mislead or harmthe
consumer; and
(ii) unsafe or contaminated or sub-standard food.
(3) The provisions of this Act shall not apply to any farmer or fisherman or farming
operations or crops or livestock or aquaculture, and supplies used or produced in
farming or products of crops produced by a farmer at farm level or a fisherman in his
operations.
88
CHAPTER IV
GENERAL PROVISIONS AS TO ARTICLES OF FOOD
19. Use of food additive or processing aid
No article of food shall contain any food additive or processing aid unless it is in
accordance with the provisions of this Act and regulations made thereunder.
Explanation.– For the purposes of this section, ―processing aid‖ means any substance or
material, not including apparatus or utensils, and not consumed as a food ingredient by itself,
used in the processing of raw materials, foods or its ingredients to fulfil a certain technological
purpose during treatment or processing and which may result in the non-intentional but
unavoidable presence of residues or derivatives in the final product.
20. Contaminants, naturally occurring toxic substances, heavy metals, etc
No article of food shall contain any contaminant, naturally occurring toxic substances or
toxins or hormone or heavy metals in excess of such quantities as may be specified by
regulations.
21. Pesticides, veterinary drugs residues, antibiotic residues and microbiological counts
(1) No article of food shall contain insecticides or pesticides residues, veterinary drugs
residues, antibiotic residues, solvent residues, pharmacological active substances and
micro-biological counts in excess of such tolerance limit as may be specified by
regulations.
(2)No insecticide shall be used directly on article of food except fumigants registered
and approved under the Insecticides Act, 1968 (46 of 1968).
Explanation. – For the purposes of this section, –
(1) ―pesticide residue‖ means any specified substance in food resulting from the use of a
pesticide and includes any derivatives of a pesticide, such as conversion products,
metabolites, reaction products and impurities considered to be of toxicological
significance and also includes such residues coming into food from environment;
(2) ―residues of veterinary drugs‖ include the parent compounds or their metabolites or
both in any edible portion of any animal product and include residues of associated
impurities of the veterinary drugs concerned.
22. Genetically modified foods, organic foods, functional foods, proprietary foods, etc.
Save as otherwise provided under this Act and regulations made thereunder, no person
shall manufacture, distribute, sell or import any novel food, genetically modified articles of
food, irradiated food, organic foods, foods for special dietary uses, functional foods,
neutraceuticals, health supplements, proprietary foods and such other articles of food which the
Central Government may notify in this behalf.
Explanation.– For the purposes of this section,–
(1) ―foods for special dietary uses or functional foods or nutraceuticals or health
supplements‖ means:
89
(a)foods which are specially processed or formulated to satisfy particular dietary
requirements which exist because of a particular physical or physiological condition
or specific diseases and disorders and which are presented as such, wherein the
composition of these foodstuffs must differ significantly from the composition of
ordinary foods of comparable nature, if such ordinary foods exist, and may contain
one or more of the following ingredients, namely:-
(i) plants or botanicals or their parts in the form of powder, concentrate or extract in
water, ethyl alcohol or hydro alcoholic extract, single or in combination;
(ii) minerals or vitamins or proteins or metals or their compounds or amino acids (in
amounts not exceeding the Recommended Daily Allowance for Indians) or
enzymes (within permissible limits);
(iii)substances from animal origin;
(iv) a dietary substance for use by human beings to supplement the diet by increasing
the total dietary intake;
(b) (i) a product that is labelled as a ―Food for special dietary uses or functional
foods or nutraceuticals or health supplements or similar such foods‖ which is
not represented for use as a conventional food and whereby such products may
be formulated in the form of powders, granules, tablets, capsules, liquids, jelly
and other dosage forms but not parenterals, and are meant for oral
administration;
(ii) such product does not include a drug as defined in clause (b) and ayurvedic,
sidha and unani drugs as defined in clauses (a) and (h) of section 3 of the Drugs
and Cosmetics Act, 1940 (23 of 1940) and rules made thereunder;
(iii)does not claim to cure or mitigate any specific disease, disorder or condition
(except for certain health benefit or such promotion claims) as may be permitted
by the regulations made under this Act;
(iv) does not include a narcotic drug or a psychotropic substance as defined in the
Schedule of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of
1985) and rules made thereunder and substances listed in Schedules E and EI of
the Drugs and Cosmetics Rules, 1945;
(2) ―genetically engineered or modified food‖ means food and food ingredients
composed of or containing genetically modified or engineered organisms obtained
through modern biotechnology, or food and food ingredients
produced from but not containing genetically modified or engineered organisms
obtained through modern biotechnology;
(3) ―organic food‖ means food products that have been produced in accordance with
specified organic production standards;
(4) ―proprietary and novel food‖ means an article of food for which standards have
not been specified but is not unsafe:
Provided that such food does not contain any of the foods and ingredients
prohibited under this Act and regulations made thereunder.
23. Packaging and labelling of foods.
(1) No person shall manufacture, distribute, sell or expose for sale or despatch or deliver
90
to any agent or broker for the purpose of sale, any packaged food products which are
not marked and labelled in the manner as may be specified by regulations:
Provided that the labels shall not contain any statement, claim, design or device
which is false or misleading in any particular concerning the food products contained
in the package or concerning the quantity or the nutritive value implying medicinal
or therapeutic claims or in relation to the place of origin of the said food products.
(2) Every food business operator shall ensure that the labelling and presentation of food,
including their shape, appearance or packaging, the packaging materials used, the
manner in which they are arranged and the setting in which they are displayed, and
the information which is made available about them through whatever medium, does
not mislead consumers.
24. Restrictions of advertisement and prohibition as to unfair trade practices.
(1) No advertisement shall be made of any food which is misleading or deceiving or
contravenes the provisions of this Act, the rules and regulations made thereunder.
(2) No person shall engage himself in any unfair trade practice for purpose of promoting
the sale, supply, use and consumption of articles of food or adopt any unfair or
deceptive practice including the practice of making any statement, whether orally or
in writing or by visible representation which –
(a) falsely represents that the foods are of a particular standard, quality, quantity or
grade-composition;
(b) makes a false or misleading representation concerning the need for, or the usefulness;
(c) gives to the public any guarantee of the efficacy that is not based on an adequate or
scientific justification thereof:
Provided that where a defence is raised to the effect that such guarantee is based on
adequate or scientific justification, the burden of proof of such defence shall lie on
the person raising such defence.
CHAPTER V
PROVISIONS RELATING TO IMPORT
25. All imports of articles of food to be subject to this Act.
(1) No person shall import into India –
(i) any unsafe or misbranded or sub-standard food or food containing extraneous
matter;
(ii) any article of food for the import of which a licence is required under any Act or
rules or regulations, except in accordance with the conditions of the licence; and
(iii) any article of food in contravention of any other provision of this Act or of any
rule or regulation made thereunder or any other Act.
(2) The Central Government shall, while prohibiting, restricting or otherwise
regulating import of article of food under the Foreign Trade (Development and
Regulation) Act, 1992 (22 of 1992), follow the standards laid down by the Food
Authority under the provisions of this Act and the Rules and regulations made
thereunder.
91
CHAPTER VI
SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY
26. Responsibilities of the Food business operator.
(1) Every food business operator shall ensure that the articles of food satisfy the
requirements of this Act and the rules and regulations made thereunder at all stages
of production, processing, import, distribution and sale within the businesses under
his control.
(2) No food business operator shall himself or by any person on his behalf
manufacture, store, sell or distribute any article of food –
(j) which is unsafe; or
(iii) 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 the
licence; or
(iv) which is for the time being prohibited by the Food Authority or the Central
Government or the State Government in the interest of public health; or
(v) in contravention of any other provision of this Act or of any rule or regulation made
thereunder.
(3) No food business operator shall employ any person who is suffering from
infectious, contagious or loathsome disease.
(4) No food business operator shall sell or offer for sale any article of food to any vendor
unless he also gives a guarantee in writing in the form specified by regulations about
the nature and quality of such article to the vendor:
Provided that a bill, cash memo, or invoice in respect of the sale of any article of food
given by a food business operator to the vendor shall be deemed to be a guarantee
under this section, even if a guarantee in the specified form is not included in the bill,
cash memo or invoice.
(5) Where any food which is unsafe is part of a batch, lot or consignment of food of the
same class or description, it shall be presumed that all the food in that batch, lot or
consignment is also unsafe, unless following a detailed assessment within a specified
time, it is found that there is no evidence that the rest of the batch, lot or consignment
is unsafe:
Provided that any conformity of a food with specific provisions applicable to that
food shall be without prejudice to the competent authorities taking appropriate
measures to impose restrictions on that food being placed on the market or to require
its withdrawal from the market for the reasons to be recorded in writing where such
authorities suspect that, despite the conformity, the food is unsafe.
27. Liability of the manufacturers, packers, wholesalers, distributors and sellers
(1) The manufacturer or packer of an article of food shall be liable for such article of
food if it does not meet the requirements of this Act and the rules and regulations
made thereunder.
(2) The wholesaler or distributor shall be liable under this Act for any article of food
92
which is–
(a) Supplied after the date of its expiry; or
(b) Stored or supplied in violation of the safety instructions of the manufacturer; or
(c) Unsafe or misbranded; or
(d) Unidentifiable of manufacturer from whom the article of food have been received; or
(e) Stored or handled or kept in violation of the provisions of this Act, the rules and
regulations made thereunder; or
(f) received by him with knowledge of being unsafe.
(2) The seller shall be liable under this Act for any article of food which is –
(a) sold after the date of its expiry; or
(b) handled or kept in unhygienic conditions; or
(c) misbranded; or
(d) unidentifiable of the manufacturer or the distributors from whom such articles of
food were received; or
(e) received by him with knowledge of being unsafe.
28. Food recall procedures.
(1) If a food business operator considers or has reasons to believe that a food which he
has processed, manufactured or distributed is not in compliance with this Act, or the
rules or regulations, made thereunder, he shall immediately initiate procedures to
withdraw the food in question from the market and consumers indicating reasons for
its withdrawal and inform the competent authorities thereof.
(2) A food business operator shall immediately inform the competent authorities and cooperate with them, if he considers or has reasons to believe that a food which he has
placed on the market may be unsafe for the consumers.
(3) The food business operator shall inform the competent authorities of the action taken
to prevent risks to the consumer and shall not prevent or discourage any person from
cooperating, in accordance with this Act, with the competent authorities, where this
may prevent, reduce or eliminate a risk arising from a food.
(4) Every food business operator shall follow such conditions and guidelines relating to
food recall procedures as the Food Authority may specify by regulations.
CHAPTER VII
ENFORCEMENT OF THE ACT
29. Authorities responsible for enforcement of Act.
(1) The Food Authority and the State Food Safety Authorities shall be responsible for
the enforcement of this Act.
(2) The Food Authority and the State Food Safety Authorities shall monitor and verify
that the relevant requirements of law are fulfilled by food business operators at all
stages of food business.
(3) The authorities shall maintain a system of control and other activities as appropriate
to the circumstances, including public communication on food safety and risk, food
safety surveillance and other monitoring activities covering all stages of food
business.
93
(4) The Food Safety Officers shall enforce and execute within their area the provisions
of this Act with respect to which the duty is not imposed expressly or by necessary
implication on some other authority.
(5) The regulations under this Act shall specify which of the Food Safety Officers are to
enforce and execute them, either generally or in relation to cases of a particular
description or a particular area, and any such regulations or orders may provide for
the giving of assistance and information by any authority concerned in 11the
administration of the regulations or orders, or of any provisions of this Act, to any
other authority so concerned, for the purposes of their respective duties under them.
(6) The Commissioner of Food Safety and Designated Officer shall exercise the same
powers as are conferred on the Food Safety Officer and follow the same procedure
specified in this Act.
30. Commissioner of Food Safety of the State.
(1) The State Government shall appoint the Commissioner of Food Safety for the State
for efficient implementation of food safety and standards and other requirements laid
down under this Act and the rules and regulations made thereunder.
(2) The Commissioner of Food Safety shall perform all or any of the following
functions, namely:–
(a) prohibit in the interest of public health, the manufacture, storage, distribution or sale
of any article of food, either in the whole of the State or any area or part thereof for
such period, not exceeding one year, as may be specified in the order notified in this
behalf in the Official Gazette;
(b) carry out survey of the industrial units engaged in the manufacture or processing of
food in the State to find out compliance by such units of the standards notified by the
Food Authority for various articles of food;
(c) conduct or organise training programmes for the personnel of the office of the
Commissioner of Food Safety and, on a wider scale, for different segments of food
chain for generating awareness on food safety;
(d) ensure an efficient and uniform implementation of the standards and other
requirements as specified and also ensure a high standard of objectivity,
accountability, practicability, transparency and credibility;
(e) sanction prosecution for offences punishable with imprisonment under this Act;
(f) such other functions as the State Government may, in consultation with the Food
Authority, prescribe.
(3) The Commissioner of Food Safety may, by Order, delegate, subject to such
conditions and restrictions as may be specified in the Order, such of his powers and
functions under this Act(except the power to appoint Designated Officer, Food
Safety Officer and Food Analyst) as he may deem necessary or expedient to any
officer subordinate to him.
31. Licensing and registration of food business.
(1) No person shall commence or carry on any food business except under a licence.
94
(2) Nothing contained in sub-section (1) shall apply to a petty manufacturer who
himself manufactures or sells any article of food or a petty retailer, hawker, itinerant
vendor or a temporary stall holder or small scale or cottage or such other industries
relating to food business or tiny food business operator; but they shall register
themselves with such authority and in such manner as may be specified by
regulations, without prejudice to the availability of safe and wholesome food for
human consumption or affecting the interests of the consumers.
(3) Any person desirous to commence or carry on any food business shall make an
application for grant of a licence to the Designated Officer in such manner
containing such particulars and fees as may be specified by regulations.
(4) The Designated Officer on receipt of an application under sub-section (3), may
either grant the licence or after giving the applicant an opportunity of being heard
and for reasons to be recorded in writing, refuse to grant a licence to any applicant,
if he is satisfied that it is necessary so to do in the interest of public health and shall
make available to the applicant a copy of the order:
Provided that if a licence is not issued within two months from the date of making
the application or his application is not rejected, the applicant may start his food
business after expiry of the said period and in such a case, the Designated Officer
shall not refuse to issue a licence but may, if he considers necessary, issue an
improvement notice, under section 32 and follow procedures in that regard.
(5) Every licence shall be in such form and subject to such conditions as may be
specified by regulations.
(6) A single licence may be issued by the Designated Officer for one or more articles of
food and also for different establishments or premises in the same area.
(7) If the articles of food are manufactured, stored, sold or exhibited for sale at different
premises situated in more than one area, separate applications shall be made and
separate licence shall be issued in respect of such premises not falling within the
same area.
(8) An appeal against the order of rejection for the grant of licence shall lie to the
Commissioner of Food Safety.
(9) A licence unless suspended or cancelled earlier shall be in force for such period as
may be specified by regulations: Provided that if an application for a renewal of
licence is made before the expiry of the period of validity of the licence, the licence
shall continue to be in force until orders are passed on the application.
(10) The licence shall subsist for the benefit of the deceased‘s personal representative or
any other member of his family, until the expiry of –
(a) the period of three months beginning with his death; or
(b) such longer period as the Designated Officer may allow.
32.Improvement notices.
(1) If the Designated Officer has reasonable ground for believing that any food
business operator has failed to comply with any regulations to which this section
applies, he may, by a notice served on that food business operator (in this Act
referred to as an ―improvement notice‖)–
(a) state the grounds for believing that the food business operator has failed to
comply with the regulations;
95
(b) specify the matters which constitute the food business operator‘s failure so to
comply;
(c) specify the measures which, in the opinion of the said Authority, the food
business operator must take, in order to secure compliance; and
(d) require the food business operator to take those measures, or measures which are
at least equivalent to them, within a reasonable period (not being less than
fourteen days) as may be specified in the notice.
(2) If the food business operator fails to comply with an improvement notice, his
licence may be suspended.
(3) If the food business operator still fails to comply with the improvement notice,
the Designated Officer may, after giving the licensee an opportunity to show
cause, cancel the licence granted to him:
Provided that the Designated Officer may suspend any licence forthwith in the
interest of public health for reasons to be recorded in writing.
(4) Any person who is aggrieved by –
(a) an improvement notice; or
(b) refusal to issue a certificate as to improvement; or
(c) cancellation or suspension or revocation of licence under this Act, may appeal to
the Commissioner of Food Safety whose decision thereon, shall be final.
(5) The period within which such an appeal may be brought shall be –
(a) fifteen days from the date on which notice of the decision was served on the
person desiring to appeal; or
(b) in the case of an appeal under sub-section (1), the said period or the period
specified in the improvement notice, whichever expires earlier.
Explanation – For the purpose of this sub-section, the making of the complaint shall be deemed
to be the bringing of the appeal.
33. Prohibition orders.
(1) If –
(a) any food business operator is convicted of an offence under this Act; and
(b) the court by or before which he is so convicted is satisfied that the health risk
exists with respect to that food business, the court, after giving the food business
operator an opportunity of being heard, may by an order, impose the following
prohibitions, namely:-
(i) a prohibition on the use of the process or treatment for the purposes of the food
business;
(ii) a prohibition on the use of the premises or equipment for the purposes of the
food business or any other food business of the same class or description;
(iii) a prohibition on the use of the premises or equipment for the purposes of any
food business.
(2) The court may, on being satisfied that it is necessary so to do, by an order,
impose a prohibition on the food business operator participating in the
management of any food business, or any food business of a class or description
specified in the order.
96
(3) As soon as practicable after the making of an order under sub-section (1) or subsection (2) (in this Act referred to as a ―prohibition order‖), the concerned Food
Safety Officer shall
(a) serve a copy of the order on the food business operator; and
(b) in the case of an order under sub-section (1), affix a copy of the order at a
conspicuous place on such premises used for the purposes of the food business,
and any person who knowingly contravenes such an order shall be guilty of an
offence and be punishable with a fine which may extend to three lakh rupees.
(4) The concerned Food Safety Officer shall with the approval of the Designated
Officer issue a certificate to the effect that the food business operator has taken
sufficient measures justifying lifting of the prohibition order, within seven days
of his being satisfied on an application made by the food business operator for
such a certificate or the said officer shall–
(a) determine, as soon as is reasonably practicable and in any event within fourteen
days, whether or not he is so satisfied; and
(b) if he determines that he is not so satisfied, give notice to the food business
operator of the reasons for that determination.
(5) A prohibition order shall cease to have effect upon the court being satisfied, on
an application made by the food business operator not less than six months after
the prohibition order has been passed, that the food business operator has taken
sufficient measures justifying the lifting of the prohibition order.
(6) The court shall give a direction on an application by the food business operator,
if the court thinks it proper so to do having regard to all the circumstances of the
case, including in particular, the conduct of the food business operator since the
making of the order; but no such application shall be entertained if it is not made
–
(a) within six months after the making of the prohibition order; or
(b) within three months after the making by the food business operator of a previous
application for such a direction.
Explanation – For the purpose of this section,–
(i) any reference above shall apply in relation to a manager of a food business as it
applies in relation to the food business operator; and any reference to the food
business operator of the business, or to the food business operator, shall be
construed accordingly;
(ii) ―manager‖, in relation to a food business, means any person who is entrusted by
the food business operator with the day-to-day running of the business, or any
part of the business.
34. Emergency prohibition notices and orders.
(1) If the Designated Officer is satisfied that the health risk condition exists with
97
respect to any food business, he may, after a notice served on the food business
operator (in this Act referred to as an ‗emergency prohibition notice‖), apply to
the Commissioner of Food Safety for imposing the prohibition.
(2) If the Commissioner of Food Safety is satisfied, on the application of such an
officer, that the health risk condition exists with respect to any food business, he
shall, by an order, impose the prohibition.
(3) The Designated Officer shall not apply for an emergency prohibition order
unless, at least one day before the date of the application, he has served notice on
the food business operator of the business of his intention to apply for the order.
(4) As soon as practicable after the making of an emergency prohibition order, the
Designated Officer shall require the Food Safety Officer to –
(a) serve a copy of the order on the food business operator of the business; or
(b) affix a copy of the order at a conspicuous place on such premises used for the
purposes of that business; and any person who knowingly contravenes such an
order shall be guilty of an offence and shall be punishable with imprisonment for
a term which may extend to two years and with fine which may extend to two
lakh rupees.
(5) An emergency prohibition order shall cease to have effect on the issue by the
Designated Officer of a certificate to the effect that he is satisfied that the food
business operator has taken sufficient measures for justifying the lifting of such
order.
(6) The Designated Officer shall issue a certificate under subsection (5) within
seven days of an application by the food business operator for such a certificate
and on his being not satisfied, the said officer shall give notice to the food
business operator within a period of ten days indicating the reasons for such
decision.
35. Notification of food poisoning.
The Food Authority may, by notification, require registered medical practitioners
carrying on their profession in any local area specified in the notification, to report all
occurrences of food poisoning coming to their notice to such officer as may be specified.
36. Designated Officer.
(1) The Commissioner of Food Safety shall, by order, appoint the Designated
Officer, who shall not be below the rank of a Sub-Divisional Officer, to be incharge of food safety administration in such area as may be specified by
regulations.
(2) There shall be a Designated Officer for each district.
(3) The functions to be performed by the Designated Officer shall be as
follows,
namely :—
(a) to issue or cancel licence of food business operators;
(b) to prohibit the sale of any article of food which is in contravention of the
provisions of this Act and rules and regulations made thereunder;
98
(c) to receive report and samples of article of foods from Food Safety Officer under
his jurisdiction and get them analysed;
(d) to make recommendations to the Commissioner of Food Safety for sanction to
launch prosecutions in case of contraventions punishable with imprisonment;
(e) to sanction or launch prosecutions in cases of contraventions punishable with
fine;
(f) to maintain record of all inspections made by Food Safety Officers and action
taken by them in the performance of their duties;
(g) to get investigated any complaint which may be made in writing in respect of any
contravention of the provisions of this Act and the rules and regulations made
thereunder;
(h) to investigate any complaint which may be made in writing against the Food
Safety Officer; and
(i) to perform such other duties as may be entrusted by the Commissioner of Food
Safety.
37. Food Safety Officer.
(1) The Commissioner of Food Safety shall, by notification, appoint such persons as
he thinks fit, having the qualifications prescribed by the Central Government, as
Food Safety Officers for such local areas as he may assign to them for the purpose
of performing functions under this Act and the rules and regulations made
thereunder.
(2) The State Government may authorise any officer of the State Government having
the qualifications prescribed under sub-section (1) to perform the functions of a
Food Safety Officer within a specified jurisdiction.
38. Powers of Food Safety Officer.
(1) The Food Safety Officer may –
(a) take a sample –
(i) of any food, or any substance, which appears to him to be intended for sale, or to
have been sold for human consumption; or
(ii) of any article of food or substance which is found by him on or in any such
premises; which he has reason to believe that it may be required as evidence in
proceedings under any of the provisions of this Act or of the regulations or orders
made thereunder; or
(b) seize any article of food which appears to the Food Safety Officer to be in
contravention of this Act or the regulations made thereunder; and
(c) keep it in the safe custody of the food business operator such article of food after
taking a sample; and in both cases send the same for analysis to a Food Analyst
for the local area within which such sample has been taken:
Provided that where the Food Safety Officer keeps such article in the safe custody
of the food business operator, he may require the food business operator to
execute a bond for a sum of money equal to the value of such article with one or
99
more sureties as the Food Safety Officer deems fit and the food business operator
shall execute the bond accordingly.
(2) The Food Safety Officer may enter and inspect any place where the article of food
is manufactured, or stored for sale, or stored for the manufacture of any other
article of food, or exposed or exhibited for sale and where any adulterant is
manufactured or kept, and take samples of such articles of food or adulterant for
analysis.
(3) Where any sample is taken, its cost calculated at the rate at which the article is
usually sold to the public shall be paid to the person from whom it is taken.
(4) Where any article of food seized under clause (b) of subsection (1) is of a
perishable nature and the Food Safety Officer is satisfied that such article of food
is so deteriorated that it is unfit for human consumption, the Food Safety Officer
may, after giving notice in writing to the food business operator, cause the same
to be destroyed.
(5) The Food Safety Officer shall, in exercising the powers of entry upon, and
inspection of any place under this section, follow, as far as may be, the provisions
of the Code of Criminal Procedure, 1973 (2 of 1974) relating to the search or
inspection of a place by a police officer executing a search warrant issued under
that Code.
(6) Any adulterant found in the possession of a manufacturer or distributor of, or
dealer in, any article of food or in any of the premises occupied by him as such
and for the possession of which he is unable to account to the satisfaction of the
Food Safety Officer and any books of account or other documents found in his
possession or control and which would be useful for, or relevant to, any
investigation or proceeding under this Act, may be seized by the Food Safety
Officer and a sample of such adulterant submitted for analysis to a Food Analyst:
Provided that no such books of account or other documents shall be seized by the Food
Safety Officer except with the previous approval of the authority to which he is
subordinate.
(7) Where the Food Safety Officer takes any action under clause (a) of sub-section
(1), or sub-section (2), or sub-section (4) or sub-section (6), he shall, call one or
more persons to be present at the time when such action is taken and take his or
their signatures.
(8) Where any books of account or other documents are seized under sub-section (6),
the Food Safety Officer shall, within a period not exceeding thirty days from the
date of seizure, return the same to the person from whom they were seized after
copies thereof or extracts there from as certified by that person in such manner as
may be prescribed by the Central Government have been taken:
Provided that where such person refuses to so certify and a prosecution has been
instituted against him under this Act, such books of account or other documents
shall be returned to him only after copies thereof and extracts there from as
certified by the court have been taken.
(9) When any adulterant is seized under sub-section (6), the burden of proving that
such adulterant is not meant for purposes of adulteration shall be on the person
from whose possession such adulterant was seized.
(10) The Commissioner of Food Safety may from time to time issue guidelines with
100
regard to exercise of powers of the Food Safety Officer, which shall be binding:
Provided that the powers of such Food Safety Officer may also be revoked for a
specified period by the Commissioner of Food Safety.
39. Liability of Food Safety Officer in certain cases.
Any Food Safety Officer exercising powers under this Act or the rules and regulations
made thereunder who –
(a) vexatiously and without any reasonable ground seizes any article of food or
adulterant; or
(b) commits any other act to the injury of any person without having reason to
believe that such act is necessary for the execution of his duty. shall be guilty of
an offence under this Act and shall be liable to a penalty which may extend to one
lakh rupees:
Provided that in case any false complaint is made against a Food Safety Officer
and it is proved so, the complainant shall be guilty of an offence under this Act
and shall be punishable with fine which shall not be less than fifty thousand
rupees but may extend to one lakh rupees.
40. Purchaser may have food analysed.
(1) Nothing contained in this Act shall be held to prevent a purchaser of any article of
food other than a Food Safety Officer from having such article analysed by the
Food Analyst on payment of such fees and receiving from the Food Analyst a
report of his analysis within such period as may be specified by regulations:
Provided that such purchaser shall inform the food business operator at the time
of purchase of his intention to have such article so analysed:
Provided further that if the report of the Food Analyst shows that the article of
food is not in compliance with the Act or the rules or regulations made
thereunder, the purchaser shall be entitled to get refund of the fees paid by him
under this section.
(2) In case the Food Analyst finds the sample in contravention of the provisions of
this Act and rules and regulations made thereunder, the Food Analysts shall
forward the report to the Designated Officer to follow the procedure laid down in
section 42 for prosecution.
41. Power of search, seizure, investigation, prosecution and procedure thereof
(1) Notwithstanding anything contained in sub-section (2) of section 31, the Food
Safety Officer may search any place, seize any article of food or adulterant, if
there is a reasonable doubt about them being involved in commission of any
offence relating to food, and shall thereafter inform the Designated Officer of the
actions taken by him in writing:
Provided that no search shall be deemed to be irregular by reason only of the fact
that witnesses for the search are not inhabitants of the locality in which the place
searched is situated.
(2) Save as in this Act otherwise expressly provided, provisions of the Code of
101
Criminal Procedure, 1973 (2 of 1974) relating to search, seizure, summon,
investigation and prosecution, shall apply, as far as may be, to all action taken by
the Food Safety Officer under this Act.
42. Procedure for launching prosecution.
(1) The Food Safety Officer shall be responsible for inspection of food business,
drawing samples and sending them to Food Analyst for analysis.
(2) The Food Analyst after receiving the sample from the Food Safety Officer shall
analyse the sample and send the analysis report mentioning method of sampling
and analysis within fourteen days to Designated Officer with a copy to
Commissioner of Food Safety.
(3)The Designated Officer after scrutiny of the report of Food Analyst shall decide as to
whether the contravention is punishable with imprisonment or fine only and in the
case of contravention punishable with imprisonment, he shall send his
recommendations within fourteen days to the Commissioner of Food Safety for
sanctioning prosecution.
(4) The Commissioner of Food Safety shall, if he so deems fit decide, within the
period prescribed by the Central Government, as per the gravity of offence,
whether the matter be referred to,–
(a) a court of ordinary jurisdiction in case of offences punishable with imprisonment
for a term up to three years; or
(b) a Special Court in case of offences punishable with imprisonment for a term
exceeding three years where such Special Court is established and in case no
Special Court is established, such cases shall be tried by a Court of ordinary
jurisdiction.
(5) The Commissioner of Food Safety shall communicate his decision to the Designated
Officer and the concerned Food Safety Officer who shall launch prosecution
before courts of ordinary jurisdiction or Special Court, as the case may be; and
such communication shall also be sent to the purchaser if the sample was taken
under section 40.
CHAPTER VIII
ANALYSIS OF FOOD
43. Recognition and accreditation of laboratories, research institutions and referral food
laboratory
(1) The Food Authority may notify food laboratories and research institutions
accredited by National Accreditation Board for Testing and Calibration
Laboratories or any other accreditation agency for the purposes of carrying out
analysis of samples by the Food Analysts under this Act.
(2) The Food Authority shall, establish or recognise by notification, one or more referral
food laboratory or laboratories to carry out the functions entrusted to the referral
food laboratory by this Act or any rules and regulations made thereunder.
(3) The Food Authority may frame regulations specifying –
102
(a) The functions of food laboratory and referral food laboratory and the local area or
areas within which such functions may be carried out;
(b) The procedure for submission to the said laboratory of samples of articles of food
for analysis or tests, the forms of the laboratory‘s reports thereon and the fees
payable in respect of such reports; and
(c) Such other matters as may be necessary or expedient to enable the said laboratory
to carry out its functions effectively.
44. Recognition of organisation or agency for food safety audit.
The Food Authority may recognise any organisation or agency for the purposes of food
safety audit and checking compliance with food safety management systems required under this
Act or the rules and regulations made thereunder.
45. Food Analysts.
The Commissioner of Food Safety may, by notification, appoint such persons as he
thinks fit, having the qualifications prescribed by the Central Government, to be Food Analysts
for such local areas as may be assigned to them by the Commissioner of Food Safety:
Provided that no person, who has any financial interest in the manufacture or sale of any
article of food shall be appointed to be a Food Analyst under this section:
Provided further that different Food Analysts may be appointed for different articles of
food.
46. Functions of Food Analyst.
(1) On receipt of a package containing a sample for analysis from a Food Safety
Officer or any other person, the Food Analyst shall compare the seal on the
container and the outer cover with specimen impression received separately and
shall note the conditions of the seal thereon:
Provided that in case a sample container received by the Food Analyst is found to
be in broken condition or unfit for analysis, he shall within a period of seven days
from the date of receipt of such sample inform the Designated Officer about the
same and send requisition to him for sending second part of the sample.
(2) The Food Analyst shall cause to be analysed such samples of article of food as
may be sent to him by Food Safety Officer or by any other person authorised
under this Act.
(3) The Food Analyst shall, within a period of fourteen days from the date of receipt
of any sample for analysis, send—
(i) where such sample is received under section 38 or section 47, to the Designated
Officer, four copies of the report indicating the method of sampling and analysis;
and
(ii) where such sample is received under section 40, a copy of the report indicating
the method of sampling and analysis to the person who had purchased such article
of food with a copy to the Designated Officer:
Provided that in case the sample cannot be analysed within fourteen days of its
103
receipt, the Food Analyst shall inform the Designated Officer and the
Commissioner of Food Safety giving reasons and specifying the time to be taken
for analysis.
(4) An appeal against the report of Food Analyst shall lie before the Designated
Officer who shall, if he so decides, refer the matter to the referral food laboratory
as notified by the Food Authority for opinion.
47. Sampling and analysis.
(1) When a Food Safety Officer takes a sample of food for analysis, he shall –
(a) give notice in writing of his intention to have it so analysed to the person from
whom he has taken the sample and to the person, if any, whose name, address
and other particulars have been disclosed;
(b) except in special cases as may be provided by rules made under this Act, divide
the sample into four parts and mark and seal or fasten up each part in such a
manner as its nature permits and take the signature or thumb impression Of the
person from whom the sample has been taken in such place and in such manner
as may be prescribed by the Central Government:
Provided that where such person refuses to sign or put his thumb impression, the
Food Safety Officer shall call upon one or more witnesses and take his signature
or thumb impression, in lieu of the signature or thumb impression of such person;
(c) (i) send one of the parts for analysis to the Food Analyst under intimation to the
Designated Officer;
(ii) send two parts to the Designated Officer for keeping these in safe custody; and
(iii) send the remaining part for analysis to an accredited laboratory, if so requested
by the food business operator, under intimation to the Designated Officer:
Provided that if the test reports received under sub clauses (i) and (iii) are found
to be at variance, then the Designated Officer shall send one part of the sample
kept in his custody, to referral laboratory for analysis, whose decision thereon
shall be final.
(2) When a sample of any article of food or adulterant is taken, the Food Safety
Officer shall, by the immediate succeeding working day, send the sample to the
Food Analyst for the area concerned for analysis and report.
(3) Where the part of the sample sent to the Food Analyst is lost or damaged, the
Designated Officer shall, on a requisition made to him, by the Food Analyst or
the Food Safety Officer, despatch one of the parts of the sample sent to him, to
the Food Analyst for analysis.
(4) An article of food or adulterant seized, unless destroyed, shall be produced before
the Designated Officer as soon as possible and in any case not later than seven
days after the receipt of the report of the Food Analyst:
Provided that if an application is made to the Designated Officer in this behalf by
the person from whom any article of food has been seized, the Designated
Officer shall by order in writing direct the Food Safety Officer to produce such
article before him within such time as may be specified in the order.
(5) In case of imported articles of food, the authorised officer of the Food Authority
104
shall take its sample and send to the Food Analyst of notified laboratory for
analysis who shall send the report within a period of five days to the authorised
officer.
(6) The Designated Officer, the Food Safety Officer, the authorised officer and the
Food Analyst shall follow such procedure as may be specified by regulations.
CHAPTER IX
OFFENCES AND PENALTIES
48. General provisions relating to offences.
(1) A person may render any article of food injurious to health by means of one or
more of the following operations, namely:-
(a) adding any article or substance to the food;
(b) using any article or substance as an ingredient in the preparation of the food;
(c) abstracting any constituents from the food; or
(d) subjecting the food to any other process or treatment, with the knowledge that it
may be sold or offered for sale or distributed for human consumption.
(2) In determining whether any food is unsafe or injurious to health, regard shall be
had to –
(a) (i) the normal conditions of use of the food by the consumer and its handling at each
stage of production, processing and distribution;
(ii) the information provided to the consumer, including information on the label, or
other information generally available to the consumer concerning the avoidance
of specific adverse health effects from a particular food or category of foods not
only to the probable, immediate or short-term or long-term effects of that food on
the health of a person consuming it, but also on subsequent generations;
(iii) to the probable cumulative toxic effects;
(iv) to the particular health sensitivities of a specific category of consumers where the
food is intended for that category of consumers; and
(v) also to the probable cumulative effect of food of substantially the same
composition on the health of a person consuming it in ordinary quantities;
(b) the fact where the quality or purity of the article, being primary food, has fallen
below the specified standard or its constituents are present in quantities not
within the specified limits of variability, in either case, solely due to natural
causes and beyond the control of human agency, then such article shall not be
deemed to be unsafe or sub-standard or food containing extraneous matter.
Explanation – For the purposes of this section, ―injury‖, includes any impairment, whether
permanent or temporary, and ―Injurious to health‖ shall be construed accordingly.
49. General provisions relating to penalty.
While adjudging the quantum of penalty under this Chapter, the Adjudicating Officer or
the Tribunal, as the case may be, shall have due regard to the following:-
(a) The amount of gain or unfair advantage, wherever quantifiable, made as a result
of the contravention,
(b) The Amount of loss caused or likely to cause to any person as a result of the
contravention,
(c) The repetitive nature of the contravention,
105
(d) Whether the contravention is without his knowledge, and
(e) Any other relevant factor,
50. Penalty for selling food not of the nature or substance or quality demanded.
Any person who sells to the purchaser‘s prejudice any food which is not in compliance
with the provisions of this Act or the regulations made thereunder, or of the nature or substance
or quality demanded by the purchaser, shall be liable to a penalty not exceeding five lakh
rupees.
Provided that the persons covered under sub-section (2) of section 31, shall for such noncompliance be liable to a penalty not exceeding twenty five thousand rupees.
51. Penalty for sub-standard food.
Any person who whether by himself or by any other person on his behalf manufactures
for sale or stores or sells or distributes or imports any article of food for human consumption
which is sub-standard, shall be liable to a penalty which may extend to five lakh rupees.
52. Penalty for misbranded food.
(1) Any person who whether by himself or by any other person on his behalf
manufactures for sale or stores or sells or distributes or imports any article of food
for human consumption which is misbranded, shall be liable to a penalty which
may extend to three lakh rupees.
(2) The Adjudicating Officer may issue a direction to the person found guilty of an
offence under this section, for taking corrective action to rectify the mistake or
such article of food shall be destroyed.
53. Penalty for misleading advertisement.
(1) Any person who publishes, or is a party to the publication of an advertisement,
which–
(a) falsely describes any food; or
(b) is likely to mislead as to the nature or substance or quality of any food or gives
false guarantee, shall be liable to a penalty which may extend to ten lakh rupees.
(2) In any proceeding the fact that a label or advertisement relating to any article of
food in respect of which the contravention is alleged to have been committed
contained an accurate statement of the composition of the food shall not preclude
the court from finding that the contravention was committed.
54. . Penalty for food containing extraneous matter.
Any person whether by himself or by any other person on his behalf manufactures for
sale or stores or sells or distributes or imports any article of food for human consumption
containing extraneous matter, shall be liable to a penalty which may extend to one lakh rupees.
55. Penalty for failure to comply with the directions of Food Safety Officer.
If a food business operator or importer without reasonable ground, fails to comply with
the requirements of this Act or the rules or regulations or orders issued thereunder, as directed
106
by the Food Safety Officer, he shall be liable to a penalty which may extend to two lakh rupees.
56. Penalty for unhygienic or unsanitary processing or manufacturing of food.
Any person who, whether by himself or by any other person on his behalf, manufactures
or processes any article of food for human consumption under unhygienic or unsanitary
conditions, shall be liable to a penalty which may extend to one lakh rupees.
57. Penalty for possessing adulterant.
(1) Subject to the provisions of this chapter, if any person who whether by himself or
by any other person on his behalf, imports or manufactures for sale, or stores,
sells or distribute any adulterant shall be liable –
(i) where such adulterant is not injurious to health, to a penalty not exceeding two
lakh rupees;
(ii) where such adulterant is injurious to health, to a penalty not exceeding ten lakh
rupees.
(2) In a proceeding under sub-section (1), it shall not be a defence that the accused
was holding such adulterant on behalf of any other person.
58. Penalty for contraventions for which no specific penalty is provided.
Whoever contravenes any provisions of this Act or the rules or regulations made
thereunder, for the contravention of which no penalty has been separately provided in this
Chapter, shall be liable to a penalty which may extend to two lakh rupees.
59. Punishment for unsafe food.
Any person who, whether by himself or by any other person on his behalf, manufactures
for sale or stores or sells or distributes or imports any article of food for human consumption
which is unsafe, shall be punishable,–
(i) where such failure or contravention does not result in injury, with imprisonment
for a term which may extend to six months and also with fine which may extend
to one lakh rupees;
(ii) where such failure or contravention results in a non-grievous injury, with
imprisonment for a term which may extend to one year and also with fine which
may extend to three lakh rupees;
(iii) where such failure or contravention results in a grievous injury, with
imprisonment for a term which may extend to six years and also with fine which
may extend to five lakh rupees;
(iv) where such failure or contravention results in death, with imprisonment for a term
which shall not be less than seven years but which may extend to imprisonment
for life and also with fine which shall not be less than ten lakh Rupees.
60. Punishment for interfering with seized items.
If a person without the permission of the Food Safety Officer, retains, removes or
tampers with any food, vehicle, equipment, package or labelling or advertising material or other
thing that has been seized under this Act, he shall be punishable with imprisonment for a term
which may extend to six months and also with fine which may extend to two lakh rupees.
107
61. Punishment for false information.
If a person, in connection with a requirement or direction under this Act, provides any
information or produces any document that the person knows is false or misleading, he shall be
punishable with imprisonment for a term which may extend to three months and also with fine
which may extend to two lakh rupees.
62. Punishment for obstructing or impersonating a Food Safety Officer.
If a person without reasonable excuse, resists, obstructs, or attempts to obstruct,
impersonate, threaten, intimidate or assault a Food Safety Officer in exercising his functions
under this Act, he shall be punishable with imprisonment for a term which may extend to three
months and also with fine which may extend to one lakh rupees.
63. Punishment for carrying out a business without licence.
If any person or food business operator (except the persons exempted from licensing
under sub-section (2) of section 31 of this Act), himself or by any person on his behalf who is
required to obtain licence, manufacturers, sells, stores or distributes or imports any article of
food without licence, shall be punishable with imprisonment for a term which may extend to six
months and also with a fine which may extend to five lakh rupees.
64. Punishment for subsequent offences.
(l) If any person, after having been previously convicted of an offence punishable
under this Act subsequently commits and is convicted of the same offence, he
shall be liable to—
(i) twice the punishment, which might have been imposed on a first conviction,
subject to the punishment being maximum provided for the same offence;
(ii) a further fine on daily basis which may extend up to one lakh rupees, where the
offence is a continuing one; and
(iii) his licence shall be cancelled.
(2) The Court may also cause the offender‘s name and place of residence, the
offence and the penalty imposed to be published at the offender‘s expense in
such newspapers or in such other manner as the court may direct and the
expenses of such publication shall be deemed to be part of the cost attending the
conviction and shall be recoverable in the same manner as a fine.
65. Compensation in case injury of death of consumer
(l) Without prejudice to the other provisions of this Chapter, if any person whether
by himself or by any other person on his behalf, manufactures or distributes or
sells or imports any article of food causing injury to the consumer or his death, it
shall be lawful for the Adjudicating Officer or as the case may be, the court to
direct him to pay compensation to the victim or the legal representative of the
victim, a sum—
(a) not less than five lakh rupees in case of death;
(b) not exceeding three lakh rupees in case of grievous injury; and
(c) not exceeding one lakh rupees, in all other cases of injury:
Provided that the compensation shall be paid at the earliest and in no case later than six
months from the date of occurrence of the incident:
108
Provided further that in case of death, an interim relief shall be paid to the next of the kin
within thirty days of the incident.
(2) Where any person is held guilty of an offence leading to grievous injury or death,
the Adjudicating Officer or the court may cause the name and place of residence
of the person held guilty, the offence and the penalty imposed to be published at
the offender‘s expense in such newspapers or in such other manner as the
Adjudicating Officer or the court may direct and the expenses of such publication
shall be deemed to be part of the cost attending the conviction and shall be
recoverable in the same manner as a fine.
(3) The Adjudicating Officer or the court may also,—
(a) order for cancellation of licence, re-call of food from market, forfeiture of
establishment and property in case of grievous injury or death of consumer;
(b) issue prohibition orders in other cases.
66. Offences by companies.
(l) Where an offence under this Act which has been committed by a company, every
person who at the time the offence was committed was in charge of, and was
responsible to, the company for the conduct of the business of the company, as
well as the company, shall be deemed to be guilty of the offence and shall be liable
to be proceeded against and punished accordingly:
Provided that where a company has different establishments or branches or
different units in any establishment or branch, the concerned Head or the person
in-charge of such establishment, branch, unit nominated by the company as
responsible for food safety shall be liable for contravention in respect of such
establishment, branch or unit:
Provided further that nothing contained in this sub-section shall render any such
person liable to any punishment provided in this Act, if he proves that the offence
was committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company and it is proved that the offence has
been committed with the consent or connivance of or is attributable to any neglect
on the part of, any director, manager, secretary or other officer of the company,
such director, manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation.—For the purpose of this section,—
(a) ―company‖ means anybody corporate and includes a firm or other association of
individuals; and
(b) ―director‖ in relation to a firm, means a partner in the firm.
67. Penalty for contravention of provisions of this Act in case of import of articles of food
to be in addition to penalties provided under any other Act.
(1) Any person who imports any article of food which is in contravention of the
provisions of this Act, rules and regulations made thereunder, shall, in addition to
any penalty to which he may be liable under the provisions of the Foreign Trade
(Development and Regulation) Act, 1992 (22 of 1992) and the Customs Act, 1962
109
(52 of 1962) be also liable under this Act and shall be proceeded against
accordingly.
(2) Any such article of food shall be destroyed or returned to the importer, if permitted
by the competent authority under the Foreign Trade (Development and Regulation)
Act, 1992 (22 of 1992) or the Customs Act, 1962 (52 of 1962), or any other Act, as
the case may be.
CHAPTER X
ADJUDICATION AND FOOD SAFETY APPELLATE TRIBUNAL
68. Adjudication.
(1) For the purposes of adjudication under this Chapter, an officer not below the rank
of Additional District Magistrate of the district where the alleged offence is
committed, shall be notified by the State Government as the Adjudicating Officer
for adjudication in the manner as may be prescribed by the Central Government.
(2) The Adjudicating Officer shall, after giving the person a reasonable opportunity for
making representation in the matter, and if, on such inquiry, he is satisfied that the
person has committed the contravention of provisions of this Act or the rules or the
regulations made thereunder, impose such penalty as he thinks fit in accordance
with the provisions relating to that offence.
(3) The Adjudicating Officer shall have the powers of a civil court and—
(a) all proceedings before him shall be deemed to be judicial proceedings within the
meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860);
(b) shall be deemed to be a court for the purposes of sections 345 and 346 of the Code
of Criminal Procedure, 1973 (2 of 1974).
(3) while adjudicating the quantum of penalty under this Chapter, the Adjudicating
Officer shall have due regard to the guidelines specified in section 49.
69. Power to compound offences.
(1) The Commissioner of Food Safety may, by order, empower the Designated Officer,
to accept from petty manufacturers who himself manufacture and sell any article of
food, retailers, hawkers, itinerant vendors, temporary stall holders against whom a
reasonable belief exists that he has committed an offence or contravention against
this Act, payment of a sum of money by way of composition of the offence which
such person is suspected to have committed.
(2) On the payment of such sum of money to such officer, the suspected person, if in
custody, shall be discharged and no further proceedings in respect of the offence
shall be taken against such person.
(4) The sum of money accepted or agreed to be accepted as composition under sub
section (1), shall not be more than one lakh rupees and due regard shall be made to
the guidelines specified in section 49:
110
Provided that no offence, for which punishment of imprisonment has been
prescribed under this Act, shall be compounded.
70. Establishment of Food Safety Appellate Tribunal.
(1) The Central Government or as the case may be, the State Government may, by
notification, establish one or more tribunals to be known as the Food Safety
Appellate Tribunal to hear appeals from the decisions of the Adjudicating Officer
under section 68.
(2) The Central Government or the State Government, as the case may be, shall
prescribe, the matters and areas in relation to which the Tribunal may exercise
jurisdiction.
(3) The Tribunal shall consist of one person only (hereinafter referred to as the
Presiding Officer of the Tribunal) to be appointed, by notification, by the Central
Government or the State Government, as the case may be:
Provided that no person shall be qualified for appointment as a Presiding Officer to
the Tribunal unless he is or has been a District Judge.
(4) The qualifications, appointment, term of office, salary and allowances, resignation
and removal of the Presiding Officer shall be such as may be prescribed by the
Central Government.
(5) The procedure of appeal and powers of the Tribunal shall be such as may be
prescribed by the Central Government.
71. Procedure and powers of the Tribunal.
(1) The Tribunal shall not be bound by the procedure laid down by the Code of Civil
Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice
and, subject to the other provisions of this Act and the rules made thereunder, the
Tribunal shall have powers to regulate its own procedure including the place at
which it shall have its sittings.
(2) The Tribunal shall have, for the purposes of discharging its functions under this Act,
the same powers as are vested in a civil court under the Code of Civil Procedure,
1908 (5 of 1908), while trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents or other electronic records;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) reviewing its decisions;
(f) dismissing an application for default or deciding it ex parte;
(g) any other matter which may be prescribed by the Central Government.
(3) Every proceeding before the Tribunal shall be deemed to be a judicial proceeding
within the meaning of sections 193 and 228, and for the purposes of section 196 of
111
the Indian Penal Code (45 of 1860), it shall be deemed to be a civil court for all the
purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973
(2 of 1974).
(4) The appellant may either appear in person or authorise one or more legal practitioners
or any of its officers to represent his case before the Tribunal.
(5) The provisions of the Limitation Act, 1963 (36 of 1963),shall, except as otherwise
provided in this Act, apply to an appeal made to the Tribunal.
(6) Any person aggrieved by any decision or order of the Tribunal may file an appeal to
the High Court within sixty days from the date of communication of the decision or
order of the Tribunal to him on any question of fact or law arising out of such order:
Provided that the High Court may, if it is satisfied that the appellant was prevented by
sufficient cause from filing the appeal within the said period, allow it to be filed
within a further period not exceeding sixty days.
72. Civil court not to have jurisdiction.
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any
matter which an Adjudicating Officer or the Tribunal is empowered by or under this Act to
determine and no injunction shall be granted by any court or other authority in respect of any
action taken or to be taken in pursuance of any power conferred by or under this Act.
73. Power of court to try cases summarily.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of
1974), all offences not triable by a Special Court, shall be tried in a summary way by a Judicial
Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections 262
to 265 (both inclusive) of the said Code shall, as far as may be, apply to such a trial:
Provided that in the case of any conviction in a summary trial under this section, it shall
be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one
year:
Provided further that when at the commencement of, or in the course of, a summary trial
under this section, it appears to the Magistrate that the nature of the case is such that a sentence
of imprisonment for a term exceeding one year may have to be passed or that it is, for any other
reason, undesirable to try the case summarily, the Magistrate shall after hearing the parties,
record an order to that effect and thereafter recall any witness who may have been examined and
proceed to hear or rehear the case in the manner provided by the said Code.
74. Special courts and Public Prosecutor.
1) Notwithstanding anything contained in this Act or in the Code of Criminal
Procedure, 1973 (2 of 1974), the Central Government or the State Government in
their respective jurisdictions may, if consider expedient and necessary in the public
interest, for the purposes of the trial of offences relating to grievous injury or death
of the consumer for which punishment of imprisonment for more than three years
has been prescribed under this Act, constitute, by notification in the Official Gazette,
as many Special Courts with the concurrence of the Chief Justice of the High Court
as may be necessary for such area or areas and for exercising such jurisdiction, as
may be specified in the notification.
112
(2) A Special Court may, on its own motion, or on an application made by the Public
Prosecutor and if it considers it expedient or desirable so to do, sit for any of its
proceedings at any place other than its ordinary place of sitting.
(3) The trial under this Act of any offence by a Special Court shall have precedence over
the trial of any other case against the accused in any other court (not being a Special
Court) and shall be concluded in preference to the trial of such other case and
accordingly the trial of such other case shall remain in abeyance.
(4) For every Special Court, the Central Government or the State Government, as the
case may be, shall appoint a person to be the Public Prosecutor and may appoint
more than one person to be the Additional Public Prosecutors:
Provided that the Central Government or the State Government, as the case may be,
may also appoint for any case or class or group of cases, a Special Public Prosecutor.
(5) A person shall not be qualified to be appointed as a Public Prosecutor or an
Additional Public Prosecutor or a Special Public Prosecutor under this section unless
he has been in practice as an Advocate for not less than seven years or has held any
post, for a period of not less than seven years, under the Union or a State, requiring
special knowledge of law.
75. Power to transfer cases to regular courts.
Where, after taking cognizance of any offence, a Special Court is of the opinion that the
offence is not triable by it, it shall, notwithstanding that it has no jurisdiction to try such offence,
transfer the case for the trial of such offence to any court having jurisdiction under the Code of
Criminal Procedure, 1973 (2 of 1974) and the court to which the case is transferred may proceed
with the trial of the offence as if it had taken cognizance of the offence.
76. Appeal.
(1) Any person aggrieved by a decision or order of a Special Court may, on payment of
such fee as may be prescribed by the Central Government and after depositing the
amount, if any, imposed by way of penalty, compensation or damage under this Act,
within forty-five days from the date on which the order was served, prefer an appeal
to the High Court:
Provided that the High Court may entertain any appeal after the expiry of the said
period of forty-five days, if it is satisfied that the appellant was prevented by
sufficient cause for filing the appeal within the said period.
(2) An appeal preferred under this section shall be disposed of by the High Court by a
bench of not less than two judges.
77. Time limit for prosecutions.
Notwithstanding anything contained in this Act, no court shall take cognizance of an
offence under this Act after the expiry of the period of one year from the date of commission of
an offence:
Provided that the Commissioner of Food Safety may, for reasons to be recorded in
writing, approve prosecution within an extended period of up to three years.
113
78. Power of court to implead manufacturer etc.
Where at any time during the trial of any offence under this Act alleged to have been
committed by any person, not being the importer, manufacturer, distributor or dealer of any
article of food, the court, is satisfied, on the evidence adduced before it, that such importer,
manufacturer, distributor or dealer is also concerned with that offence, then the court may,
notwithstanding anything contained in sub-section (3) of section 319 of the Code of Criminal
Procedure, 1973 (2 of 1974), or in section 71 of this Act, proceed against him as though a
prosecution has been instituted under this Act.
79. Magistrate‘s power to impose enhanced punishment.
Notwithstanding anything contained in section 29 of the Code of Criminal Procedure,
1973 (2 of 1974), it shall be lawful for the court of ordinary jurisdiction to pass any sentence
authorised by this Act, except a sentence of imprisonment for a term exceeding six years in
excess of his powers under the said section.
80. Defences which may or may not be allowed in prosecution under this Act.
(A) Defence relating to publication of advertisements
(1) In any proceeding for an offence under this Act in relation to the publication of an
advertisement, it is a defence for a person to prove that the person carried on the
business of publishing or arranging for the publication of advertisements and that the
person published or arranged for the publication of the advertisement in question in
the ordinary course of that business.
(2) Clause (1) does not apply if the person—
(a) should reasonably have known that the publication of the advertisement was an
offence; or
(b) had previously been informed in writing by the relevant authority that publication of
such an advertisement would constitute an offence; or
(c) is the food business operator or is otherwise engaged in the conduct of a food
business for which the advertisements concerned were published.
(B) Defence of due diligence—
(1) In any proceedings for an offence, it is a defence if it is proved that the person took
all reasonable precautions and exercised all due diligence to prevent the commission
of the offence by such person or by another person under the person‘s control.
(2) Without limiting the ways in which a person may satisfy the requirements of clause
(1), a person satisfies those requirements if it is proved—
(a) that the commission of the offence was due to—
(i) an act or default of another person; or
(ii) reliance on information supplied by another person; and
(b) (i) the person carried out all such checks of the food concerned as were reasonable in
all the circumstances; or
(ii) it was reasonable in all the circumstances to rely on checks carried out by the person
who supplied such food to the person; and
(c) that the person did not import the food into the jurisdiction from another country;
and
114
(d) in the case of an offence involving the sale of food, that—
(i) the person sold the food in the same condition as and when the person
purchased it; or
(ii) the person sold the food in a different condition to that in which the person
purchased it, but that the difference did not result in any contravention of this Act or
the rules and regulations made thereunder; and
(e) that the person did not know and had no reason to suspect at the time of commission
of the alleged offence that the person‘s act or omission would constitute an offence
under the relevant section.
(3) In sub-clause (a) of clause (2), another person does not include a person who was—
(a) an employee or agent of the defendant; or
(b) in the case of a defendant which is a company, a director, employee or agent of that
company.
(5) Without limiting the ways in which a person may satisfy the requirements of clause
(1) and item (i) of sub-clause (b) of clause (2), a person may satisfy those
requirements by proving that—
(a) in the case of an offence relating to a food business for which a food safety
programme is required to be prepared in accordance with the regulations, the person
complied with a food safety programme for the food business s that complies with
the requirements of the regulations, or
(b) In any other case, the person complied with a scheme (for example, a quality
assurance programme or an industry code of practice) that was—
(i) Designed to manage food safety hazards and based on national or international
standards, codes or guidelines designed for that purpose, and
(ii) Documented in some manner.
(C) Defence of mistaken and reasonable belief not available—
In any proceedings for an offence under the provisions of this Act, it is no defence
that the defendant had a mistaken but reasonable belief as to the facts that constituted
the offence.
(D) Defence in respect of handling food—
In proceedings for an offence under section 56, it is a defence if it is proved that the
person caused the food to which the offence relates to be destroyed or otherwise
disposed of immediately after the food was handled in the manner that was likely to
render it unsafe.
(E) Defences of significance of the nature, substance or quality of food—
It shall be no defence in a prosecution for an offence pertaining to the sale of any
unsafe or misbranded article of food to allege merely that the food business operator
was ignorant of the nature, substance or quality of the food sold by him or that the
purchaser having purchased any article for analysis was not prejudiced by the sale.
CHAPTER XI
FINANCE, ACCOUNTS, AUDIT AND REPORTS
115
81. Budget of Food Authority.
(1) The Food Authority shall prepare, in such form and at such time in each financial
year as may be prescribed by the Central Government, its budget for the next
financial year, showing the estimated receipts and expenditure of the Food
Authority and forward the same to the Central Government.
(2) The Food Authority with the prior approval of the Central Government, shall
adopt financial regulation which specifies in particular, the procedure for drawing
up and implementing the Authority‘s budget.
82. Finances of the Food Authority.
(1) The Central Government may, after due appropriation, make to the Food
Authority grants of such sums of money as the Central Government may think fit.
(2) The Food Authority on the recommendation of the Central Advisory Committee
shall specify a graded fee from licensed food business operators, accredited
laboratories or food safety auditors to be charged by the commissioner of Food
Safety.
83. Accounts and audit of Food Authority.
(1) The Food Authority shall maintain proper accounts and relevant records and
prepare an annual statement of accounts in such form as may be prescribed by the
Central Government in consultation with the Comptroller and Auditor General of
India.
(2) The Comptroller and Auditor-General and any person appointed by him in
connection with the audit of the accounts of the Food Authority under this Act
shall have the same rights and privileges and authority in connection with such
audit as the Comptroller and Auditor-General generally has in connection with
the audit of Government accounts and, in particular, shall have the right to
demand the production of books, accounts, connected vouchers and other
documents and papers and to inspect any of the offices of the Food Authority.
(3) The accounts of the Food Authority, as certified by the Comptroller and AuditorGeneral or any other person appointed by him in this behalf, together with the
audit report thereon shall be forwarded annually to the Central Government by
the Food Authority and the Central Government shall cause the audit report to be
laid, as soon as may be after it is received, before each House of Parliament.
84. Annual report of Food Authority.
(1) The Food Authority shall prepare once every year, in such form and at such time
as may be prescribed by the Central Government, an annual report giving a
summary of its activities during the previous year and copies of the report shall be
forwarded to the Central Government and State Governments.
(2) A copy of the report received under sub-section (1) shall be laid, as soon as may
be after it is received, before each House of Parliament.
116
CHAPTER XII
MISCELLANEOUS
85. Power of Central Government to issue directions to Food Authority and obtain reports
and returns.
(1) Without prejudice to the foregoing provisions of this Act, the Food Authority
shall, in exercise of its powers and in performance of its functions under this Act,
be bound by such directions on questions of policy, other than those relating to
technical and administrative matters, as the Central Government may give in
writing to it from time to time:
Provided that the Food Authority shall, as far as practicable, be given an
opportunity to express its views before any direction is given under this subsection.
(2) If any dispute arises between the Central Government and the Food Authority as
to whether a question is or is not a question of policy, the decision of the Central
Government thereon shall be final.
(3) The Food Authority shall furnish to the Central Government such returns or other
information with respect to its activities as the Central Government may, from
time to time, require.
86. Power of Central Government to give directions to State Governments.
The Central Government may give such directions, as it may deem necessary, to a State
Government for carrying out all or any of the provisions of this Act and the State Government
shall comply with such directions.
87. Members, officers of Food Authority and Commissioner of Food Safety to be public
servants.
The Members, officers of the Food Authority and the Commissioners of Food Safety and
their officers shall be deemed, when acting or purporting to act in pursuance of any of the
provisions of this Act, to be public servants within the meaning section 21 of the Indian Penal
Code (45 of 1860).
88. Protection of action taken in good faith.
No suit, prosecution or other legal proceedings shall lie against the Central Government,
the State Government, the Food Authority and other bodies constituted under this Act or any
officer of the Central Government, the State Government or any member, officer or other
employee of such Authority and bodies or any other officer acting under this
Act for anything which is in good faith done or intended to be done under this Act or the rules or
regulations made thereunder.
89. Overriding effect of this Act over all other food related laws.
The provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force or in any instrument having
effect by virtue of any law other than this Act.
117
90. Transfer of existing employees of Central Government Agencies governing various
foods related Acts or Orders to the Food Authority.
On and from the date of establishment of the Food Authority, every employee holding
office under the Central Government Agencies administering food laws immediately before that
date shall hold his office in the Food Authority by the same tenure and upon the same terms and
conditions of service including remuneration, leave, provident fund, retirement and other
terminal benefits as he would have held such office if the Food Authority had not been
established and shall continue to do so as an employee of the Food Authority or until the expiry
of the period of six months from that date if such employee opts not to be the employee of the
Food Authority.
91. Power of Central Government to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules
for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:-
(a) salary, terms and conditions of service of Chairperson and Members other than
ex officio Members under subsection (2) and the manner of subscribing to an
oath of office and secrecy under sub-section (3) of section 7;
(b) qualifications of Food Safety Officer under sub-section (1) of section 37;
(c) the manner of taking the extract of documents seized under sub-clause (8) of
section 38;
(d) determination of cases for referring to appropriate courts and time-frame for such
determination under sub-section (4) of section 42;
(e) qualifications of Food Analysts under section 45;
(f) the manner of sending sample for analysis and details of the procedure to be
followed in this regard under subsection (1) of section 47;
(g) the procedure to be followed in adjudication of cases under sub-section (1) of
section 68;
(h) qualifications, terms of office, resignation and removal of Presiding Officer
under sub-section (4), the procedure of appeal and powers of Tribunal under subsection (5) of section 70;
(i) any other matter relating to procedure and powers of Tribunal under clause
(g) of sub-section (2) of section 71;
(j) the fee to be paid for preferring an appeal to the High Court under sub-section (1)
of section 76;
(k) form and time of preparing budget under sub-section (1) of section 81;
(l) form and statement of accounts under sub-section (1) of section 83;
(m) the form and time for preparing annual report by Food Authority under subsection (1) of section 84; and
(n) any other matter which is required to be, or may be, prescribed or in respect of
which provision is to be made by rules by the Central Government.
118
92. Power of Food Authority to make regulations.
(1) The Food Authority may, with the previous approval of the Central Government
and after previous publication, by notification, make regulations consistent with
this Act and the rules made thereunder to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
regulations may provide for all or any of the following matters, namely:-
(a) salaries and other conditions of service of officers and other employees of the
Food Authority under sub-section (3) of section 9;
(b) rules of procedure for transaction of business under subsection (5) of section 11;
(c) other functions of the Central Advisory Committee under sub-section (2) of
section 12;
(d) procedure of Scientific Committee and Panels under subsection (4) of section 15;
(e) notifying standards and guidelines in relation to articles of food meant for human
consumption under sub-section (2) of section 16;
(f) procedure to be followed by Food Authority for transaction of business at its
meetings under sub-section (1) of section 17;
(g) making or amending regulations in view of urgency concerning food safety or
public health under clause (d) of sub-section (2) of section 18;
(h) limits of additives under section 19;
(i) limits of quantities of contaminants, toxic substance and heavy metals, etc., under
section 20;
(j) tolerance limit of pesticides, veterinary drugs residues, etc, under section 21;
(k) the manner of marking and labelling of foods under section 23;
(l) form in which guarantee shall be given under sub-section (4) of section 26;
(m) conditions and guidelines relating to food recall procedures under sub-section (4)
of section 28;
(n) regulations relating to functioning of Food Safety Officer under sub-section (5) of
section 29;
(o) notifying the registering authority and the manner of registration; the manner of
making application for obtaining licence, the fees payable therefore and the
circumstances under which such licence may be cancelled or forfeited under
section 31;
(p) the respective areas of which the Designated Officer shall be in-charge for food
safety administration under subsection (1) of section 36;
(q) procedure in getting food analysed, details of fees etc., under sub-section (1) of
section 40;
119
(r) functions, procedure to be followed by food laboratories under sub-section (3) of
section 43;
(s) procedure to be followed by officials under sub-section (6) of section 47;
(t) financial regulations to be adopted by the Food Authority in drawing up its
budget under sub-section (2) of section 81;
(u) issue guidelines or directions for participation in Codex Meetings and preparation
of response to Codex matters; and
(v) any other matter which is required to be, or may be, specified by regulations or in
respect of which provision is to be made by regulations.]
93. Laying of rules and regulations before Parliament.
Every rule and every regulation made under this Act shall be laid, as soon as may be after
it is made, before each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or regulation or both
Houses agree that the rule or regulation should not be made, the rule or regulation shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or regulation.
94. Power of State Government to make rules.
(1) Subject to the powers of the Central Government and the Food Authority to make
rules and regulations respectively, the State Government may, after previous
publication and with the previous approval of the Food Authority, by notification
in the Official Gazette, make rules to carry out the functions and duties assigned
to the State Government and the State Commissioner of Food Safety under this
Act and the rules and regulations made thereunder.
(2) In particular and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) other functions of the Commissioner of Food Safety under clause (f) of subsection (2) of section 30;
(b) earmarking a fund and the manner in which reward shall be paid to a person
rendering assistance in detection of offence or apprehension of offender under
section 95; and
(c) any other matter which is required to be, or may be prescribed or in respect of
which provision is to be made by rules by the State Government.
(3) Every rule made by the State Government under this Act shall be laid, as soon as
may be after it is made, before each House of the State Legislature where it
consists of two Houses or where such State Legislature consists of one House,
before that House.
120
95. Reward by State Government.
The State Government may empower the Commissioner of Food Safety to order payment
of reward to be paid to a person who renders assistance in the detection of the offence or the
apprehension of the offender, from such fund and in such manner
as may be prescribed by the State Government.
96. Recovery of penalty.
A penalty imposed under this Act, if it is not paid, shall be recovered as an arrear of land
revenue and the defaulters licence shall be suspended till the penalty is paid.
97. Repeal and savings.
(1) With effect from such date as the Central Government may appoint in this behalf,
the enactment and Orders specified in the Second Schedule shall stand repealed:
Provided that such repeal shall not affect:—
(i) the previous operations of the enactment and Orders under repeal or anything duly
done or suffered there under; or
(ii) any right, privilege, obligation or liability acquired, accrued or incurred under any
of the enactment or Orders under repeal; or
(ii) any penalty, forfeiture or punishment incurred in respect of any offences
committed against the enactment and Orders under repeal; or
(iv) any investigation or remedy in respect of any such penalty, forfeiture or
punishment, and any such investigation, legal proceedings or remedy may be
instituted, continued or enforced and any such penalty, forfeiture or punishment
may be imposed, as if this Act had not been passed:
(2) If there is any other law for the time being in force in any State, corresponding to
this Act, the same shall upon the commencement of this Act, stand repealed and
in such case, the provisions of section 6 of the General Clauses Act, 1897(10 of
1897) shall apply as if such provisions of the State law had been repealed.
(3) Notwithstanding the repeal of the aforesaid enactment and Orders, the licences
issued under any such enactment or Order, which are in force on the date of
commencement of this Act, shall continue to be in force till the date of their
expiry for all purposes, as if they had been issued under the provisions of this Act
or the rules or regulations made thereunder.
(4) Notwithstanding anything contained in any other law forthe time being in force,
no court shall take cognizance of an offence under the repealed Act or Orders
after the expiry of a period of three years from the date of the commencement of
this Act.
98. Transitory provisions for food standards.
Notwithstanding the repeal of the enactment and Orders specified in the Second
Schedule, the standards, safety requirements and other provisions of the Act and the rules and
regulations made thereunder and Orders listed in that Schedule shall continue to be in force and
operate till new standards are specified under this Act or rules and regulations made thereunder:
121
Provided that anything done or any action taken under the enactment and Orders under
repeal shall be deemed to have been done or taken under the corresponding provisions of this
Act and shall continue in force accordingly unless and until superseded by anything done or by
any action taken under this Act:
99. Milk and Milk Products Order, 1992 shall be deemed to be regulations made under
this Act.
(1) On and from the date of commencement of this Act, the Milk and Milk Products
Order, 1992 issued under the Essential commodities Act, 1955 (10 of 1955) shall
be deemed to be the Milk and Milk Products Regulations, 1992 issued by the
Food Authority under this Act.
(2) The Food Authority may, with the previous approval of the Central Government
and after previous publication, by notification, amend the regulations specified in
sub-section (1) to carry out the purposes of this Act.
100. Amendments to the Infant Milk Substitutes, Feeding Bottles and Infant Foods
(Regulation of Production, Supply and Distribution) Act, 1992.
As from the notified day, the provisions of the Infant Milk Substitutes, Feeding Bottles
and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992 (41 of 1992)
(herein referred to as the principal Act) shall apply subject to the following amendments,
namely:-
(a) throughout the principal Act, any reference to ―the Prevention of the Food
Adulteration Act, 1954 (37 of 1954)‖ shall be substituted by reference to ―the
Food Safety and Standards Act, 2006‖;
(b) in section 12 of the principal Act, the reference to ―any Food Inspector appointed
under section 9 of the Prevention of the Food Adulteration Act, 1954 (37 of
1954)‖ shall be substituted by reference to ―any Food Safety Officer appointed
under the Food Safety and Standards Act, 2006‖;
(c) throughout the principal Act, any reference to ―Food Inspector‖ shall be
substituted by the expression ―the Food Safety Officer‖; and
(d) in section 21 of the principal Act, in sub-section (1), the reference to clause (a)
shall be substituted by the following, namely:- ―(a) the Designated Officer or the
Food Safety Officer directed under sub-section (5) of section 42 of the Food
Safety and Standards Act, 2006; or‖.
101.Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such
provisions not inconsistent with the provisions of this Act, as may appear to be
necessary, for removing the difficulty:
Provided that no order shall be made under this section after of the expiry of the
period of three years from the date of commencement of this Act,
(2) Every order made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament.
122
THE FIRST SCHEDULE
[See section 5(1) (e) ]
Zone 1
1. Andhra Pradesh
2. Goa
3. Karnataka
4. Kerala
5. Maharashtra
6. Orissa
7. Tamil Nadu
Zone II
1. Haryana
2. Himachal Pradesh
3. Jammu and Kashmir
4. Punjab
5. Uttaranchal
6. Uttar Pradesh
Zone III
1. Bihar
2. Chhattisgarh
3. Gujarat
4. Jharkhand
5. Madhya Pradesh
6. Rajasthan
7. West Bengal
Zone IV
1. Arunachal Pradesh
2. Assam
3. Manipur
4. Meghalaya
5. Mizoram
6. Nagaland
7. Sikkim
8. Tripura
Zone V
1. Andaman and Nicobar Islands
2. Chandigarh
3. Dadra and Nagar Haveli
4. Daman and Diu
5. Delhi
6. Lakshadweep
7. Pondicherry.
123
THE SECOND SCHEDULE
(See section 97)
1. The Prevention of Food Adulteration Act, 1954 (37 of 1954).
2. The Fruit Products Order, 1955.
3. The Meat Food Products Order, 1973.
4. The Vegetable Oil Products (Control) Order, 1947.
5. The Edible Oils Packaging (Regulation) Order, 1998.
6. The Solvent Extracted Oil, De oiled Meal, and Edible Flour
(Control) Order, 1967.
7. The Milk and Milk Products Order, 1992.
8. Any other order issued under the Essential Commodities
Act, 1955 (10 of 1955) relating to food.
K.N.CHATURVEDI
Secy. To the Govt. Of India
124
MINISTRY OF HEALTH AND FAMILY WELFARE
(Food Safety and StandardsAuthority of India)
Notification
New Delhi, dated the 1
st
August, 2011
F.No. 2-15015/30/2010 Whereas in exercise of the powers conferred by clause (o) of sub section
(2) of section 92 read with section 31 of Food Safety and Standards Act, 2006 (34 of 2006) the
Food Safety and Standards Authority of India proposes to make Food Safety and Standards
Regulations in so far as they relates to Food Safety and Standards(Licensing and Registration of
Food Businesses) Regulations, 2011, and;
Whereas these draft Regulations were published in consolidated form at pages 1 to 776 in
the Gazette of India Extraordinary Part III – Sec. 4 dated 20th October 2010 inviting objections
and suggestions from all persons likely to be affected thereby before the expiry of the period of
thirty days from the date on which the copies of the Gazette containing the said notification
were made available to the public;
And whereas the copies of the Gazette were made available to the public on the 21st
October 2010;
And whereas objections and suggestions received from the stakeholders within the
specified period on the said draft Regulations have been considered and finalized by the Food
Safety and Standards Authority of India.
Now therefore, the Food Safety and Standards Authority of India hereby makes the following
Regulations, namely,-
FOOD SAFETY AND STANDARDS (LICENSING AND REGISTRATION OF
FOOD BUSINESSES),
REGULATIONS 2011
CHAPTER 1
GENERAL
1.1: Short title and commencement1.1.1: These regulations may be called the Food Safety and Standards (Licensing and
Registration of Food Businesses) Regulations, 2011.
1.1.2: These regulations shall come into force on or after 5th August, 2011
1.2: Definitions1.2.1: In these regulations unless the context otherwise requires:
1.―Central Licensing Authority‖ means Designated Officer appointed by the Chief
Executive Officer of the Food Safety and Standards Authority of India in his capacity of
Food Safety Commissioner.
2.―District‖ means a revenue district in state and UTs provided that the Commisioner
of Food Safety may, for the purpose of this Act declare any local area as a district on the
basis of:
 Concentration of specific category of food businesses which may need special
attention.
 Risk assessment carried out by the Authority from time to time.
 Any other specific regulatory requirements.
3. ―Licensing Authority‖ means the Designated Officer appointed under section 36 (i)
of the Act by the Commissioner of Food Safety of the state or by the Chief Executive
Officer of the Food Safety and Standards Authority of India in his capacity of Food Safety
Commissioner ;
125
4. ―Petty Food Manufacturer‖ means any food manufacturer, who (a) manufactures or
sells any article of food himself or a petty retailer, hawker, itinerant vendor or temporary stall
holder; or distributes foods including in any religious or social gathering except a caterer; or
(b) such other food businesses including small scale or cottage or such other
industries relating to food business or tiny food businesses with an annual turnover not
exceeding Rs 12 lakhs and/or whose
(i) production capacity of food (other than milk and milk products and meat
and meat products) does not exceed 100 kg/ltr per day or
(ii) procurement or handling and collection of milk is up to 500 litres of
milk per day or
(iii) slaughtering capacity is 2 large animals or 10 small animals or 50 poultry birds per day or
less.
5.Registering Authority‖ means Designated Officer/ Food Safety Officer or any
official in Panchayat, Municipal Corporation or any other local body or Panchayat in an
area, notified as such by the State Food Safety Commissioner for the purpose of
registration as specified in these Regulations.
6. ―State Licensing Authority‖ means Designated Officers appointed under Section
36(1) of the Act by the Food Safety Commissioner of a State or UT.
The expressions used in these Regulations but have not been defined herein shall have
the meaning ascribed to them in the Act or as provided in the regulations, chapters and
Appendices.
Chapter-2
LICENSING AND REGISTRATION OF FOOD BUSINESS
2. 1 Registration and Licensing of Food Business
All Food Business Operators in the country will be registered or licensed in accordance
with the procedures laid down hereinafter;
2.1.1 Registration of Petty Food Business
(1) Every petty Food Business Operator shall register themselves with the
Registering Authority by submitting an application for registration in Form A under
Schedule 2 of these Regulations along with a fee as provided in Schedule 3.
(2)The petty food manufacturer shall follow the basic hygiene and safety requirements
provided in Part I of Schedule 4 of these Regulations and provide a self attested declaration
of adherence to these requirements with the application in the format provided in
Annexure-1 under Schedule 2.
(3)The Registering Authority shall consider the application and may either grant
registration or reject it with reasons to be recorded in writing or issue notice for inspection,
within 7 days of receipt of an application for registration.
(4)In the event of an inspection being ordered, the registration shall be granted by the
Registering Authority after being satisfied with the safety, hygiene and sanitary conditions
of the premises as contained in Part II of Schedule 4 within a period of 30 days.
If registration is not granted, or denied, or inspection not ordered within 7 days as
provided in above sub regulation (3) or no decision is communicated within 30 days as
provided in above sub regulation (4), the petty food manufacturer may start its business,
provided that it will be incumbent on the Food Business Operator to comply with any
improvement suggested by the Registering Authority even later.
Provided that registration shall not be refused without giving the applicant an
opportunity of being heard and for reasons to be recorded in writing.
(5)The Registering Authority shall issue a registration certificate and a photo identity
card, which shall be displayed at a prominent place at all times within the premises or
vehicle or cart or any other place where the person carries on sale/manufacture of food in
case of Petty Food Business.
126
(6)The Registering Authority or any officer or agency specifically authorized for this
purpose shall carry out food safety inspection of the registered establishments at least once
in a year.
Provided that a producer of milk who is a registered member of a dairy Cooperative Society
registered under Cooperative Societies Act and supplies or sells the entire milk to the Society
shall be exempted from this provision for registration.
2.1.2 License for food business
(1) Subject to Regulation 2.1.1, no person shall commence any food business unless he
possesses a valid license.
Provided that any person or Food Business Operator carrying on food business on the date of notification of
these Regulations, under a license, registration or permission, as the case may be, under the Acts or Orders
mentioned in the Second Schedule of the Act shall get their existing license converted into the license/registration
under these regulations by making an application to the Licensing/Registering Authority after complying with the
safety requirements mentioned in the Schedule 4 contained under different Parts dependent on nature of business,
within one year of notification of these Regulations. In case of difficulty, the licensing authority with the approval
of the Food Safety Commissioner in the State will determine the advisability of applying any specific condition
keeping in view the need to ensure safety of food and public interest. No license fee will have to be paid for the
remaining period of the validity of the earlier license or registration granted under any of the said Acts or Orders.
Non-compliance with this provision by a Food Business Operator will attract penalty under section 55 of the Act.
Provided further that any food business operator holding Registration/License under
any other Act/Order as specified under schedule 2 of the FSS Act, 2006 with no specific
validity or expiry date, and other wise entitled to obtain a license under these regulations,
shall have to apply and obtain a Registration/License under these Regulations within one
year from the date of notification by paying the applicable fees.
(2)Notwithstanding the provisions contained in Regulation 2.1.2(1) above or in any of
the registration or license certificates issued under existing Acts or Orders mentioned in the
second schedule of the Act, the Licensing Authority, if it has reason to believe that the
Food Business Operator has failed to comply with all or any of the conditions of the
existing registration or license or the safety requirements given in Schedule 4, may give
appropriate direction to the Food Business Operator to comply with.
(3)License for commencing or carrying on food business, which falls under Schedule
1, shall be granted by the Central Licensing Authority, provided that Food Authority may
through notification make such changes or modify the list given in the Schedule I as
considered necessary.
(4)License for commencing or carrying on food business, which are not covered under
Schedule 1, shall be granted by the concerned State/UT‘s Licensing Authority.
(5) The Food Business Operator shall ensure that all conditions of license as
provided in Annexure 2 of Form B in Schedule 2 and safety, sanitary and hygienic
requirements provided in the Schedule 4 contained under different Parts depending on
nature of business are complied with at all times .
Provided that the Licensing Authority shall ensure periodical food safety audit and
inspection of the licensed establishments through its own or agencies authorized for this
purpose by the FSSAI.
Provided further that no person shall manufacture, import, sell, stock, exhibit for
distribution or sale any article of food which has been subjected to the treatment of
irradiation, except under a license obtained from Department of Atomic Energy under the
Atomic Energy (Control of Irradiation of Food) Regulations, 1996.
2.1.3 Application for license to the Licensing Authority
An application for the grant of a license shall be made in Form B of Schedule 2 to the
concerned Licensing Authority as specified in Regulation 2.1.2 (3) and 2.1.2 (4) and it will
be accompanied by a self-attested declaration in the format provided in the Annexure-1 and
copies of documents mentioned in the Annexure 2 of Schedule-2 along with the applicable
fees prescribed in Schedule 3.
127
2.1.4 Processing of Application for license
(1)A license shall, subject to the provisions of these Regulations, be issued by the
concerned Licensing Authority within a period of 60 days from the date of issue of an
application ID number as provided in subsection
(3) below.
(2)If, upon scrutiny of the application within 15 days from the date of receipt of the
application, the concerned Licensing Authority requires any additional information with
respect to an application or if the application is incomplete, the Licensing Authority shall
inform the applicant in writing, to furnish such additional information or complete the
application, as the case may be, within 30 days from such notice. In case the applicant fails
to furnish the required information within the stipulated time of 30 days, the application for
license shall stand rejected.
(3)On the receipt of a complete application including the additional information if
asked for, the Licensing Authority shall issue an Application ID number to each applicant
that will be referred to in all future correspondence between the Licensing Authority and
the applicant.
(4) After the issue of Application ID number the Licensing Authority may direct the
Food Safety Officer or any other person or agency specially designated for such functions
to inspect the premises in the manner prescribed by the Food Safety and Standard
Authority of India in accordance with these Regulations. Such Inspecting Officer or person
may issue a notice to the applicant, if it deems fit, guiding food business operator on
necessary steps to be taken or changes or alteration to be made in the premises in order to
ensure general sanitary and hygienic conditions as specified in Schedule 4. The applicant
shall carry out the required steps, changes or alterations and intimate the Licensing
Authority within 30 days or such period as may be allowed by the Licensing Authority.
(5) Within a period of 30 days from receipt of an inspection report excluding the
time taken by the applicant in complying with the advice, if any, given in the inspection
report and verification thereof, the concerned Licensing Authority shall consider the
application and may either grant license or reject the application.
Provided that before refusing license an applicant shall be given an opportunity of
being heard and the reasons for refusal shall be recorded in writing.
(6)The Licensing Authority shall issue a License in Format C under Schedule 2 of
these Regulations, a true copy of which shall be displayed at a prominent place at all times
within the premises where the Food Business Operator carries on the food business.
2.1.5 Procedure for License in certain local areas
(1)A single license may be issued by the Licensing Authority for one or more articles
of food and also for different establishments or premises in the same local area including
collection and chilling units run by milk cooperatives or its members.
(2)The Chief Executive Officer of the Food Safety and Standards Authority of India in
the capacity of Food Safety Commissioner may appoint a Designated Officer or Food
Safety Officer for Central Government organizations like Railways, Defense etc., which
have a large number of food establishments, to ensure food safety in those establishments
and to ensure that all other conditions laid down for running food business under the Act
and these Regulations are complied with. Provided further that the Food Authority may
carry out food safety audit of these establishments once in a year through its own or
accredited agencies.
2.1.6 Commencement of Business
An applicant may commence his food business and the concerned licensing Authority
shall not deny the applicant to commence such business if, from the date of making the
completed application, a license is not issued within 60 days or the applicant has not
received any intimation of inadequacy under Regulation 2.1.4(2) or inspection report
indicating defects from the concerned Licensing Authority under Regulation 2.1.4(4)
128
2.1.7 Validity and Renewal of Registration and License
(1) A Registration or license granted under these Regulations shall be valid and
subsisting, unless otherwise specified, for a period of 1 to 5 years as chosen by the Food
Business Operator, from the date of issue of registration or license subject to remittance of
fee applicable for the period and compliance with all conditions of license.
(2) Any application for the renewal of a registration or license granted under these
Regulations shall be made in Form A or B of Schedule 2, as the case may be, not later than
30 days prior to the expiry date indicated in the license.
(3)The Registration or License shall continue to be in force till such time that the
orders are passed on the renewal application which in no case shall be beyond 30 days from
the date of expiry of registration or license.
(4) Any renewal application filed beyond the period mentioned under Regulation
2.1.7 (2) above but before the expiry date, shall be accompanied by a late fee of Rs 100 per
day for each day of delay.
(5)Any Registration or license for which renewal has not been applied for within the
period mentioned in Regulation 2.1.7 (2) or 2.1.7 (4) above shall expire and the Food
Business Operator shall stop all business activity at the premises. The Food Business
Operator will have to apply for fresh Registration or license as provided in Regulation 2.1.1
and 2.1.3 as the case may be, if it wants to restart the business.
(6) Food Business Operator having valid certificate of an accredited food safety
auditor or from an agency accredited by Food Authority or any other organisation notified
by food Authority for this purpose will not be normally required to be inspected before
renewal of license.
Provided that Designated Officer may order an inspection before renewal if
considered necessary for reasons to be recorded in writing.
2.1.8 Suspension or cancellation of Registration Certificate or license
(1)The Registering or Licensing Authority in accordance with the provisions of
section 32 of the Act may, after giving the concerned Food Business Operator a reasonable
opportunity of being heard, suspend any registration or license in respect of all or any of
the activities for which the registration/license has been granted under these Regulations
after recording a brief statement of the reasons for such suspension, if there is reason to
believe that the Food Business Operator has failed to comply with the conditions within the
period mentioned in any Improvement Notice served under Section 32 of the Act. A copy
of such statement shall be furnished to the concerned Food Business Operator whose
Registration or license has been suspended.
(2)The registering or Licensing Authority, as the case may be, may direct an
inspection of the Food Business Operator‘s premise(s) within a reasonable period which
shall not be less than 14 days from the date of order of suspension.
(3)In the event that the Registering or Licensing Authority is of the opinion, on a
review of the inspection report, that the Food Business Operator has still failed to rectify
the defects or omissions or comply with the conditions of the improvement notice causing
the suspension, such authority may cancel the license/registration of the Food Business
Operator after giving him an opportunity to show cause as provided under Section 32 (3) of
the Act.
(4)Notwithstanding anything contained in these Regulations, the Registering or
Licensing Authority may suspend or cancel any registration or license forthwith in the
interest of public health for reasons to be recorded in writing.
(5)A suspension or cancellation of registration or license under these Regulations shall
not entitle the Food Business Operator for any compensation or refund of fee(s) paid in
respect of the registration certificate or license or renewal thereof.
(6) After a period of 3 months from the date of cancellation under Regulation 2.1.8
(3) above the Food Business Operator may make fresh application for Registration or
129
license to the concerned authority if all observations made in the improvement notice have
been complied with. .
2.1.9 Modifications, Expansion or Changes in premise(s) after grant of license or
registration
(1)Food Business Operators shall ensure that the Registering or Licensing Authority
always has up-to-date information on their food business establishments and shall inform
the relevant Authority of any modifications or additions or changes in product category,
layout, expansion, closure, or any other material information based on which the license
was granted and such information shall be conveyed before the changes occur.
Provided that any change that alters the information contained in the license certificate
shall require an approval or endorsement in license prior to start of business with such
changes. The Food Business Operator shall submit the original license to the Licensing
Authority along with a fee equivalent to one year license fee for effecting necessary
changes. The licensing Authority may approve and issue an amended license incorporating
such changes in activities within 30 days from the date of receipt of such information.
While approving the afore mentioned changes the concerned registering or Licensing
Authority shall take into account the feasibility of carrying on the business and the legal
and other relevant aspects of the desired modifications or additions or changes in activities
and, if required, may order an inspection of the premises before granting the approval.
2.1.10 Mode of payment:
All fees and charges payable under these regulations shall be paid vide pay order or
demand draft or any online mode of payment as may be prescribed in this regard, by the
concerned Food Safety Commissioner.
2.1.11 Transfer of registration certificate or License in case of death
(1)In the event of death of the holder of a Registration certificate or license, such
certificate or license shall subsist for the benefit of the legal representative or any family
member of the deceased or until the expiry of:—
(a) the period of 90 days from the date of death of the holder of a Registration
certificate or license; or (b) such longer period as the Designated Officer may
allow, for reasons to be recorded in writing.
(2)The legal representative or family member of the deceased holder of the
registration certificate or license shall apply to the concerned Authority for
transfer of such certificate or license in his favour.
(3) The registering or Licensing Authority, as the case may be, may,
after making such enquiry as it may deem fit, either approve the transfer of the
Registration certificate or license if satisfied that the applicant is the legal
representative, or refuse the request. Provided that the registering or licensing
authority shall not refuse the request without giving the applicant an opportunity
of being heard and for reasons to be recorded in writing.
(4) Upon filing of application for transfer and pending the decision of
the authority, the registration or license shall continue to be in force.
2.1.12 Appeal
(1) A Food Business Operator aggrieved by an order of the Registering Authority or
Licensing Authority, as the case may be, under these Regulations may prefer an appeal to
the concerned Designated Officer or the Food Safety Commissioner, as per provisions laid
down under Section 31(8) and 32 (4) – (5) of the Act.
2.1.13 Return
(1)Every licensee shall on or before 31st May of each year, submit a return
electronically or in physical form as may be prescribed by the concerned Food Safety
Commissioner, in ‗Form D-1‘ provided in Schedule 2 of these Regulations to the Licensing
130
Authority in respect of each class of food products handled by him during the previous
financial year.
Provided however that every licensee engaged in manufacturing of milk and/or milk
products shall file half yearly returns for the periods 1st April to 30th September and 1st
October to 31st March of every financial year in the form D-2, as provided in Schedule-2 of
these regulations. Such returns will be filed within a month from the end of the period.
(2) A separate return shall be filed for every license issued under the Regulations,
irrespective of whether the same Food Business Operator holds more than one license.
(3) Any delay in filing return beyond 31
st
May of each year shall attract a penalty of Rs 100 per day of delay.
2.1.14 Food Business Operator to be bound by directions or order
(1)Every Food Business Operator to whom any direction or order is issued in
pursuance of any provisions of this regulation shall be bound to comply with such
directions or regulation and any failure on the part of the Food Business Operator to
comply with such direction or order shall be deemed to be contravention of the provisions
of these Regulations and will attract legal action under the provisions of the Act.
(2)Guarantee Every manufacturer, distributor or dealer selling an article of food to a
vendor shall give either separately or in the bill, cash memo, or label a warranty in Form E.
(Refer Form A for form of Guarantee)
2.1.15 Power of State/UT governments to constitute advisory committee
The state/UT Governments, may, if required designate an existing advisory committee
at panchayat/district/ state level or where such a committee does not exist, constitute an
advisory committee to assist, aid or advise on any matter concerning food safety.
2.1.16: Jurisdiction of Designated officer
The Commissioner of Food Safety shall, by an order, appoint the Designated officer,
who shall not be below the rank of a Sub- Divisional Officer, to be in-charge of food safety
administration for each district as defined under regulation 1.2.1 (2)
131
SCHEDULE 1
[See Regulation 2.1.2 (3)]
List of food business falling under the purview of Central Licensing Authority
I. Dairy units including milk chilling units equipped to handle or process more than 50,000
litres of liquid milk/day or 2500 MT of milk solid per annum.
II. Vegetable oil processing units and units producing vegetable oil by the process of solvent
extraction and refineries including oil expeller unit having installed capacity more than 2
MT per day.
III. All slaughter houses equipped to slaughter more than 50 large animals or 150 or more
small animals including sheep and goats or 1000 or more poultry birds per day.
IV. Meat processing units equipped to handle or process more than 500 kg of meat per day or
150 MT per annum.
V.All food processing units other than mentioned under (I) to (IV) including relabellers and
repackers having installed capacity more than 2 MT/day except grains, cereals and pulses
milling units.
VI. 100 % Export Oriented Units.
VII. All Importers importing food items including food ingredients and additives for
commercial use.
VIII.All food business operators manufacturing any article of food containing ingredients or
substances or using technologies or processes or combination thereof whose safety has not
been established through these regulations or which do not have a history of safe use or
food containing ingredients which are being introduced for the first time into the country.
IX. Food Business Operator operating in two or more states.
X. Food catering services in establishments and units under Central government Agencies like
Railways, Air and airport, Seaport, Defence etc

All Food Business Operators shall ensure that the following conditions are complied with at all
times during the course of its food business.
Food Business Operators shall:
1. Display a true copy of the license granted in Form C shall at all times at a prominent place
in the premises.
2. Give necessary access to Licensing Authorities or their authorised personnel to the
premises
3. Inform Authorities about any change or modifications in activities /content of license.
4. Employ at least one technical person to supervise the production process. The person
supervising the production process shall possess at least a degree in Science with
Chemistry/Bio Chemistry/Food and Nutrition/ Microbiology or a degree or diploma in food
technology/ Dairy technology/ dairy microbiology/ dairy chemistry/ dairy engineering/ oil
technology /veterinary science /hotel management & catering technology or any degree or
diploma in any other discipline related to the specific requirements of the business from a
recognized university or institute or equivalent.
5. Furnish periodic annual return (1st April to 31st March), within upto 31st May of each year.
For collection/ handling/ manufacturing of Milk and Milk Products half yearly returns also
to be furnished as specified (1st April to 31st September before 30th November and 1st
October to 31st March).
6. Ensure that no product other than the product indicated in the license/ registration is
produced in the unit.
7. Maintain factory’s sanitary and hygienic standards and worker’s Hygiene as specified in the
Schedule – 4 according to the category of food business.
8. Maintain daily records of production, raw materials utilization and sales separately.
9. Ensure that the source and standards of raw material used are of optimum quality.
10. Food Business Operator shall not manufacture, store or expose for sale or permit the sale of
any article of food in any premises not effectively separated to the satisfaction of the
licensing authority from any privy, urinal, sullage, drain or place of storage of foul and
waste matter.
11. Ensure Clean-In-Place systems (wherever necessary) for regular cleaning of the machine &
equipments.
12. Ensure testing of relevant chemical and/or microbiological contaminants in food products
in accordance with these regulations as frequently as required on the basis of historical data
and risk assessment to ensure production and delivery of safe food through own or NABL
accredited /FSSA notified labs at least once in six months.
13. Ensure that as much as possible the required temperature shall be maintained throughout
the supply chain from the place of procurement or sourcing till it reaches the end consumer
including chilling, transportation, storage etc.
14. The manufacturer/importer/distributor shall buy and sell food products only from, or to,
licensed/registered vendors and maintain record thereof.
Other conditions
1. Proprietors of hotels, restaurants and other food stalls who sell or expose for sale savouries,
sweets or other articles of food shall put up a notice board containing separate lists of the
articles which have been cooked in ghee, edible oil, vanaspati and other fats for the
information of the intending purchasers.
2. Food Business Operator selling cooked or prepared food shall display a notice board
containing the nature of articles being exposed for sale
3. Every manufacturer [including ghani operator] or wholesale dealer in butter, ghee,
vanaspati, edible oils, Solvent extracted oil, de oiled meal, edible flour and any other fats
shall maintain a register showing the quantity of manufactured, received or sold, nature of
141
oil seed used and quantity of de-oiled meal and edible flour used etc. as applicable and the
destination of each consignment of the substances sent out from his factory or place of
business, and shall present such register for inspection whenever required to do so by the
Licensing Authority.
4. No producer or manufacturer of vegetable oil, edible oil and their products shall be eligible
for license under this Act, unless he has own laboratory facility for analytical testing of
samples.
5. Every sale or movement of stocks of solvent-extracted oil, ‘semi refined’ or ‘raw grade I’,
edible groundnut flour or edible coconut flour, or both by the producer shall be a sale or
movement of stocks directly to a registered user and not to any other person, and no such
sale or movement shall be effected through any third party.
6. Every quantity of solvent-extracted oil, edible groundnut flour or edible coconut flour, or
both purchased by a registered user shall be used by him in his own factory entirely for the
purpose intended and shall not be re-sold or otherwise transferred to any other person:
Provided that nothing in this sub-clause shall apply to the sale or movement of the
following:—
(i) karanjia oil;
(ii) kusum oil;
(iii)mahua oil;
(iv) neem oil;
(v) (vi) tamarind seed oil.
(vii) edible groundnut flour bearing the I.S.I.Certification Mark
(viii)edible coconut flour bearing the I.S.I.Certification Mark
7. No Food Business Operator shall sell or distribute or offer for sale or dispatch or deliver to
any person for purpose of sale any edible oil which is not packed, marked and labelled in
the manner specified in the regulations unless specifically exempted from this condition
vide notification in the official Gazette issued in the public interest by Food Safety
Commissioners in specific circumstances and for a specific period and for reasons to be
recorded in writing

SCHEDULE – 3
(See Regulation 2.1.3)
FEE FOR GRANT/ RENEWAL OF LICENSE
REGISTRATION / LICENSE FEE PER ANNUM IN RUPEES
1. Fees for Registration Rs 100/-
2. Fees for License issued by Central
Licensing Authority: Rs 750/-0
3. Fees for License issued by State
Licensing Authority: 1. Manufacturer
/Miller
(i) Above 1MT per day Production or 10,001 to 50,000 LPD of milk or
501 to 2500 MT of milk solids per annum Rs. 5000/-
(ii )
Below 1 MT of Production or 501 to 10,000 LPD of milk or 2.5 MT
to 500 MT
of milk solids per annum Rs.3000/-
2. Hotels -3 Star and above Rs. 5000/-
3. All Food Service providers including restaurants/boarding houses, clubs
etc. serving food, Canteens (Schools, Colleges, Office, Institutions),
Caterers, Banquet halls with food catering
arrangements, food vendors like dabba wallas etc Rs. 2000/-
4. Any other Food Business Operator Rs. 2000/-
The fees paid by any applicant for a license shall not be refundable under any
circumstances.
Issue of Duplicate registration or License
(1) Where a registration certificate or license is lost, destroyed, torn, defaced or mutilated,
the applicant may apply for a duplicate copy of the registration certificate or license
during the validity period, accompanied with a fee amounting to 10% of the applicable
License fee.
(2) On receipt of such an application, the Licensing Authority shall grant a duplicate copy
of the registration certificate or license, as the case may be to the applicant with the
word “Duplicate” appearing prominently thereon.
Mode of Payment
The payment shall be made by the Food Business Operator through Bank draft or online transfer
or treasury chalan or any other suitable means as specified by the Licensing Authority.
Schedule 4
(See Regulation 2.1.2)
General Hygienic and Sanitary practices to be followed by Food Business operators
It is hereby recognized and declared as a matter of legislative determination that in the field
of human nutrition, safe, clean, wholesome food – is indispensable to the health and welfare of
the consumer of the country; that – food is a perishable commodity susceptible to contamination
and adulteration; – and that – basic sanitary and hygienic conditions are deemed to be necessary
for the production and distribution of milk – Meat products, service establishments etc.
The establishment in which food is being handled, processed, manufactured, stored,
distributed by the food business operator whether holder of registration certificate or a license as
per the norms laid down in these regulations and the persons handling them should conform to
the sanitary and hygienic requirement, food safety measures and other standards as specified
below. It shall also be deemed to be the responsibility of the food business operator to ensure
adherence to necessary requirements.
These are the basic – compulsory requirements for ensuring safety of the food manufactured
in any premise and FBOs shall continuously try to improve the sanitary and hygienic conditions
at the premises with a goal of attaining India HACCP standards within a – previously determined
period.
149
Part I – General Hygienic and Sanitary practices to be followed by Petty Food Business
Operators applying for Registration
(See Regulation 2.1.1(2))
In case inspection of the units is directed by the Registering or Licensing Authority, the
inspection should confirm that the following measures are adopted by the unit as far as possible:
SANITARY AND HYGIENIC REQUIREMENTS FOR FOOD ANUFACTURER/
PROCESSOR/HANDLER
The place where food is manufactured, processed or handled shall comply with the
following requirements:
1. The premises shall be located in a sanitary place and free from filthy surroundings and
shall maintain overall hygienic environment. All new units shall set up away from
environmentally polluted areas.
2. The premises to conduct food business for manufacturing should have adequate space
for manufacturing and storage to maintain overall hygienic environment.
3. The premises shall be clean, adequately lighted and ventilated and sufficient free space
for movement.
4. Floors, Ceilings and walls must be maintained in a sound condition. They should be
smooth and easy to clean with no flaking paint or plaster.
5. The floor and skirted walls shall be washed as per requirement with an effective
disinfectant the premises shall be kept free from all insects. No spraying shall be done
during the conduct of business, but instead fly swats/ flaps should be used to kill spray
flies getting into the premises. Windows, doors and other openings shall be fitted with
net or screen, as appropriate to make the premise insect free The water used in the
manufacturing shall be potable and if required chemical and bacteriological
examination of the water shall be done at regular intervals at any recognized
laboratory.
6. Continuous supply of potable water shall be ensured in the premises. In case of
intermittent water supply, adequate storage arrangement for water used in food or
washing shall be made.
7. Equipment and machinery when employed shall be of such design which will permit
easy cleaning. Arrangements for cleaning of containers, tables, working parts of
machinery, etc. shall be provided.
8. No vessel, container or other equipment, the use of which is likely to cause metallic
contamination injurious to health shall be employed in the preparation, packing or
storage of food. (Copper or brass vessels shall have proper lining).
9. All equipments shall be kept clean, washed, dried and stacked at the close of business
to ensure freedom from growth of mould/ fungi and infestation.
10. All equipments shall be placed well away from the walls to allow proper inspection.
11. There should be efficient drainage system and there shall be adequate provisions for
disposal of refuse.
12. The workers working in processing and preparation shall use clean aprons, hand
gloves, and head wears.
13. Persons suffering from infectious diseases shall not be permitted to work. Any cuts or
wounds shall remain covered at all time and the person should not be allowed to come
in direct contact with food.
14. All food handlers shall keep their finger nails trimmed, clean and wash their hands
with soap, or detergent and water before commencing work and every time after using
toilet. Scratching of body parts, hair shall be avoided during food handling processes.
15. All food handlers should avoid wearing, false nails or other items or loose jewellery
that might fall into food and also avoid touching their face or hair.
16. Eating, chewing, smoking, spitting and nose blowing shall be prohibited within the
premises especially while handling food.
150
17. All articles that are stored or are intended for sale shall be fit for consumption and
have proper cover to avoid contamination.
18. The vehicles used to transport foods must be maintained in good repair and kept clean.
19. Foods while in transport in packaged form or in containers shall maintain the required
temperature.
20. Insecticides / disinfectants shall be kept and stored separately and `away from food
manufacturing / storing/ handling areas.
A. SANITARY AND HYGIENIC REQUIREMENTS FOR STREET FOOD VENDORS AND UNITS OTHER
THAN
MANUFACTURING/PROCESSING
1. Potential sources of contamination like rubbish, waste water, toilet facilities, open
drains and stray animals shall be avoided.
2. The surfaces of the Vending carts which come in contact with food or food storage
utensils shall be built of solid, rust/ corrosion resistant materials and kept in clean and
good condition They shall be protected from sun, wind and dust. When not in use,
food vending vans shall be kept in clean place and properly protected.
3. Rubbish bin with cover shall be provided by food stall or vending cart owners for any
waste generated in the process of serving and eating by consumers.
4. Working surfaces of vending carts shall be clean, hygienic, impermeable and easy to
clean (like stainless steel), and placed at least 60 to 70 cm. from above ground.
5. Sale points, tables, awnings, benches and boxes, cupboards, glass cases, etc. shall be
clean and tidy.
6. Cooking utensils and crockery shall be clean and in good condition. It should not be
broken/ chipped.
7. All containers shall be kept clean, washed and dried at the close of business to ensure
that there is no growth of mould/ fungi and infestation.
8. Water used for cleaning, washing and preparing food shall be potable in nature.
9. Transporting of drinking water (treated water like bottled water, boiled/ filtered water
through water purifier etc.) shall be in properly covered and protected containers and
it shall be stored in clean and covered containers in a protected area away from dust
and filth.
10. Cooking, storage and serving shall not be done in utensils of, cadmium, lead, non food
grade plastic and other toxic materials.
11. Utensils shall be cleaned of debris, rinsed, scrubbed with detergent and washed under running tap water after
every operation. Wiping of utensils shall be done with clean cloth. Separate cloths shall be used for wiping
hands and for clearing surfaces, cloth used for floor cleaning will not be used for cleaning surfaces of tables
and working areas and for wiping utensils Person cooking, handling or serving food should use hand gloves
and aprons, where necessary. He shall wear head gear and cover his mouth always while at work.
12. Removing dust or crumb from plates or utensils shall be done by using cloth or wiper
into dustbin.
13. The person suffering from infectious disease shall not be permitted to work.
14. All food handlers shall remain clean, wear washed clothes and keep their finger nails
trimmed, clean and wash their hands with soap/ detergent and water before
commencing work and every time after touching food or using toilet.
15. All food handlers should avoid wearing loose items that might fall into food and also
avoid touching or scratching their face, head or hair.
16. All articles that are stored or intended for sale shall have proper cover to avoid
contamination. Food should be stored only in food grade plastic containers as steel
containers to prevent leaking.
17. Eating, chewing, smoking, , spitting and nose blowing shall be prohibited within the
premises.
18. Foods shall be prepared or cooked as per the day’s requirement to avoid left over
which might be used in the next day without ascertaining its safety for consumption or
151
use in food. Consumables left over shall be kept in the refrigerator immediately after
their intended use.
19. Adequate number of racks shall be provided for storage of articles of food, with clear
identity of each commodity. Proper compartment for each class shall also be provided
wherever possible so that there is no cross contamination.
20. Rubbish or garbage bin shall be with a tight cover and shall be cleaned everyday by
transferring contents into designated locations.
21. Vegetarian and non-vegetarian items should be segregated.
22. Fridge should be cleaned at least once a week to remove stains, ice particles and food
particles. The temperature in the fridge should be in the range of 4°C – 6°C.
23. The location of the vending unit should be in a place approved by the local authorities
and not blocking traffic or pedestrians or near unhygienic locations.
152
Part-II
(See Regulation 2.1.1(4))
General Requirements on Hygienic and Sanitary Practices to be followed by all Food Business
Operators applying for License
The establishment in which food is being handled, processed, manufactured, packed, stored,
and distributed by the food business operator and the persons handling them should conform to
the sanitary and hygienic requirement, food safety measures and other standards as specified
below. It shall also be deemed to be the responsibility of the food business operator to ensure
adherence to necessary requirements.
In addition to the requirements specified below, the food business operator shall identify
steps in the activities of food business, which are critical to ensure food safety, and ensure that
safety procedures are identified, implemented, maintained and reviewed periodically.
1 LOCATION AND SURROUNDINGS
1.1Food Establishment shall ideally be located away from environmental pollution and
industrial activities that produce disagreeable or obnoxious odour, fumes, excessive soot, dust,
smoke, chemical or biological emissions and pollutants, and which pose a threat of
contaminating food areas that are prone to infestations of pests or where wastes, either solid or
liquid, cannot be removed effectively.
1.2In case there are hazards of other environment polluting industry located nearby,
appropriate measures should be taken to protect the manufacturing area from any potential
contamination.
1.3The manufacturing premise should not have direct access to any residential area.
2 LAYOUT AND DESIGN OF FOOD ESTABLISHMENT PREMISES
As far as possible, the layout of the food establishment shall be such that food preparation /
manufacturing processes are not amenable to cross-contamination from other pre and post
manufacturing operations like goods receiving, pre-processing (viz. packaging, washing /
portioning of ready-to-eat food etc).
2.1Floors, ceilings and walls must be maintained in a sound condition to minimize the
accumulation of dirt, condensation and growth of undesirable moulds. They should be made of
impervious material and should be smooth and easy to clean with no flaking paint or plaster.
2.2Doors shall also be made of smooth and non-absorbent surfaces so that they are easy to
clean and wherever necessary, disinfect.
2.3The floor of food processing / food service area shall have adequate and proper drainage
and shall be easy to clean and where necessary, disinfect. Floors shall be sloped appropriately to
facilitate drainage and the drainage shall flow in a direction opposite to the direction of food
preparation / manufacturing process flow.
2.4Adequate control measures should be in place to prevent insects and rodents from
entering the processing area from drains.
2.5Windows, doors & all other openings to outside environment shall be well screened with
wire-mesh or insect-proof screen as applicable to protect the premise from fly and other insects /
pests / animals & the doors be fitted with automatic closing springs. The mesh or the screen
should be of such type which can be easily removed for cleaning.
2.6No person shall manufacture, store or expose for sale or permit the sale of any article of
food in any premises not effectively separated to the satisfaction of the licensing authority from
any privy, urinal, sullage, drain or place of storage of foul and waste matter.
3 EQUIPMENT & CONTAINERS
3.1Equipment and containers that come in contact with food and used for food handling,
storage, preparation, processing, packaging and serving shall be made of corrosion free materials
which do not impart any toxicity to the food material and should be easy to clean and /or
disinfect (other than disposable single use types).
153
3.2Equipment and utensils used in the preparation of food shall be kept at all times in good
order and repair and in a clean and sanitary condition. Such utensil or container shall not be used
for any other purpose.
3.3 Every utensil or container containing any food or ingredient of food intended for sale
shall at all times be either provided with a properly fitted cover/lid or with a clean gauze net or
other material of texture sufficiently fine to protect the food completely from dust, dirt and flies
and other insects.
3.4No utensil or container used for the manufacture or preparation of or containing any
food or ingredient of food intended for sale shall be kept in any place in which such utensil or
container is likely by reason of impure air or dust or any offensive, noxious or deleterious gas or
substance or any noxious or injurious emanations, exhalation, or effluvium, to be contaminated
and thereby render the food noxious.
3.5 Equipment shall be so located, designed and fabricated that it permits necessary maintenance and cleaning
functions as per its intended use and facilitates good hygiene practices inside the premise including monitoring and audit.
3.6Appropriate facilities for the cleaning and disinfecting of equipments and instruments
and wherever possible cleaning in place (CIP) system shall be adopted.
3.7Equipment and containers for waste, by-products and inedible or dangerous substances,
shall be specifically identifiable and suitably constructed.
3.8Containers used to hold cleaning chemicals and other dangerous substances shall be
identified and stored separately to prevent malicious or accidental contamination of food.
3.9 If required, a waste water disposal system / effluent treatment plant shall be put in
place.
3.10 All items, fittings and equipments that touch or come in contact with food must
be:
 kept in good condition in a way that enables them to be kept clean and wherever
necessary, to be disinfected.
 Chipped enameled containers will not be used. Stainless steel /aluminum / glass
containers, mugs, jugs, trays etc. suitable for cooking and storing shall be used. Brass
utensils shall be frequently provided with lining.
4FACILITIES
4.1 Water supply
4.1.1Only potable water, with appropriate facilities for its storage and distribution shall
be used as an ingredient in processing and cooking.
4.1.2Water used for food handling, washing, should be of such quality that it does not
introduce any hazard or contamination to render the finished food article unsafe.
4.1.3Water storage tanks shall be cleaned periodically and records of the same shall be
maintained in a
register.
4.1.4Non potable water can be used provided it is intended only for cleaning of
equipment not coming in contact with food, which does not come into contact with food
steam production, fire fighting & refrigeration equipment and provided that pipes installed
for this purpose preclude the use of this water for other purposes and present no direct or
indirect risk of contamination of the raw material, dairy products or food products so
processed, packed & kept in the premise.
4.1.5 Non potable water pipes shall be clearly distinguished from those in use for
potable water.
4.2 For Cleaning Utensils / Equipments
Adequate facilities for cleaning, disinfecting of utensils and equipments shall be
provided. The facilities must have an adequate supply of hot and cold water if required.
154
4.3 Washing of Raw materials
Adequate facilities for washing of raw food should be provided. Every sink (or other
facilities) for washing food must have an adequate supply of hot and/or cold water. These
facilities must be kept clean and, where necessary, disinfected. Preferably, sinks which are
used for washing raw foods shall be kept separate and that should not be used for washing
utensils or any other purposes.
4.4 Ice and Steam
Ice and steam used in direct contact with food shall be made from potable water and
shall comply with requirements specified under 4.1.1. Ice and steam shall be produced,
handled and stored in such a manner that no contamination can happen
4.5 Drainage and waste disposal
4.5.1Food waste and other waste materials shall be removed periodically from the
place where food is being handled or cooked or manufactured to avoid building up. A refuse
bin of adequate size with a proper cover preferably one which need not be touched for
opening shall be provided in the premises for collection of waste material. This shall be
emptied and washed daily with a disinfectant and dried before next use.
4.5.2The disposal of sewage and effluents (solid, liquid and gas) shall be in conformity
with requirements of Factory / Environment Pollution Control Board. Adequate drainage,
waste disposal systems and facilities shall be provided and they shall be designed and
constructed in such manner so that the risk of contaminating food or the potable water
supply is eliminated.
4.5.3Waste storage shall be located in such manner that it does not contaminate the
food process, storage areas, the environment inside and outside the food establishment and
waste shall be kept in covered containers and shall be removed at regular intervals.
4.5.4Periodic disposal of the refuse / waste should be made compulsory. No waste
shall be kept open inside the premise and shall be disposed of in an appropriate manner as
per local rules and regulations including those for plastics and other non environment
friendly materials.
4.6 Personnel facilities and toilets
4.6.1Personnel facilities shall include those for proper washing and drying of hands
before touching food materials including wash basins and a supply of hot and /or cold water
as appropriate; separate lavatories, of appropriate hygienic design, for males and females
separately; and changing facilities for personnel and such facilities shall be suitably located
so that they do not open directly into food processing, handling or storage areas.
4.6.2Number of toilets should be adequate depending on the number of employees
(male /female) in the establishment and they should be made aware of the cleanliness
requirement while handling food.
4.6.3Rest and refreshments rooms shall be separate from food process and service
areas and these areas shall not lead directly to food production, service and storage areas.
4.6.4A display board mentioning do’s & don’ts for the workers shall be put up inside at
a prominent place in the premise in English or in local language for everyone’s
understanding.
4.7 Air quality and ventilation
Ventilation systems natural and /or mechanical including air filters, exhaust fans,
wherever required, shall be designed and constructed so that air does not flow from
contaminated areas to clean areas.
4.8 Lighting
Natural or artificial lighting shall be provided to the food establishment, to enable the
employees/workers to operate in a hygienic manner. Lighting fixtures must wherever
155
appropriate, be protected to ensure that food is not contaminated by breakages of electrical
fittings.
5 FOOD OPERATIONS AND CONTROLS
5.1 Procurement of raw materials
5.1.1No raw material or ingredient thereof shall be accepted by an establishment if it is
known to contain parasites, undesirable micro-organisms, pesticides, veterinary drugs or
toxic items, decomposed or extraneous substances, which would not be reduced to an
acceptable level by normal sorting and/or processing.
5.1.2All raw materials, food additives and ingredients, wherever applicable, shall
conform to all the Regulations and standards laid down under the Act.
5.1.3Records of raw materials, food additives and ingredients as well as their source of
procurement shall be maintained in a register for inspection.
5.1.4All raw materials should be checked & cleaned physically thoroughly.
5.1.5Raw materials should be purchased in quantities that correspond to storage/
preservation capacity.
5.1.6Packaged raw material must be checked for ‘expiry date’/ ‘best before’/ ‘use by’
date, packaging integrity and storage conditions.
5.1.7Receiving temperature of potentially high risk food should be at or below 5 0C
5.1.8 Receiving temperature of frozen food should be -18 0C or below.
5.2 Storage of raw materials and food
5.2.1 Food storage facilities shall be designed and constructed to enable food to be
effectively protected from contamination during storage; permit adequate
maintenance and cleaning, to avoid pest access and accumulation.
5.2.2 Cold Storage facility, wherever required, shall be provided to raw, processed /
packed food according to the type and requirement.
5.2.3 Segregation shall be provided for the storage of raw, processed, rejected,
recalled or returned materials or products which will be distinguishably marked
and secured. Raw materials and food shall be stored in separate areas from
printed packaging materials, stationary, hardware and cleaning materials /
chemicals.
5.2.4 Raw food, particularly meat, poultry and seafood products shall be cold stored
separately from the area of work-in-progress, processed, cooked and packaged
products. The conditions of storage in terms of temperature and humidity
requisite for enhancing the shelf life of the respective food materials / products
shall be maintained.
5.2.5Storage of raw materials, ingredients, work-in-progress and processed / cooked or
packaged food products shall be subject to FIFO (First in, First Out), FEFO (First Expire
First Out) stock rotation system as applicable.
5.2.6 Containers made of non-toxic materials shall be provided for storage of raw
materials, work-in-progress and finished / ready to serve products. The food
materials shall be stored on racks / pallets such that they are reasonably well
above the floor level and away from the wall so as to facilitate effective
cleaning and prevent harbouring of any pests, insects or rodents.
5.3 Food Processing / Preparation, Packaging and Distribution / Service
5.3.1.Time and temperature control
5.3.1.1The Food Business shall develop and maintain the systems to ensure that time
and temperature are controlled effectively where it is critical to the safety and
suitability of food. Such control shall include time and temperature of
receiving, processing, cooking, cooling, storage, packaging, distribution and
food service upto the consumer, as applicable.
156
5.3.1.2 Whenever frozen food / raw materials are being used / handled / transported,
proper care should be taken so that defrosted / thawed material are not stored
back after opening for future use.
5.3.1.3 If thawing is required then only required portion of the food should be
thawed at a time.
5.3.1.4 Wherever cooking is done on open fire, proper outlets for smoke/steam etc.
like chimney, exhaust fan etc. shall be provided.
5.4 Food Packaging
5.4.1 Packaging materials shall provide protection for all food products to prevent
contamination, damage and shall accommodate required labelling as laid
down under the FSS Act & the Regulations there under.
5.4.2 For primary packaging (i.e packaging in which the food or ingredient or
additive comes in direct contact with the packaging material), only Food
grade packaging materials are to be used . For packaging materials like
aluminium plastic and tin, the standards to be followed are as mentioned
under the FSS Regulations and rules framed there under.
5.4.3 Packaging materials or gases where used, shall be non-toxic and shall not
pose a threat to the safety and suitability of food under the specified
conditions of storage and use.
5.5 Food Distribution / Service
5.5.1 All critical links in the supply chain need to be identified and provided for to
minimize food spoilage during transportation. Processed / packaged and / or
ready-to-eat food shall be protected as per the required storage conditions
during transportation and / or service.
5.5.2 Temperatures and humidity which are necessary for sustaining food safety
and quality shall be maintained. The conveyances and /or containers shall be
designed, constructed and maintained in such manner that they can effectively
maintain the requisite temperature, humidity, atmosphere and other conditions
necessary to protect food conveyances and / or containers used for
transporting / serving foodstuffs shall be non toxic, kept clean and maintained
in good condition in order to protect foodstuffs from any contamination.
5.5.3 Receptacles in vehicles and / or containers shall not be used for transporting
anything other than foodstuffs where this may result in contamination of
foodstuffs. Where the same conveyance or container is used for transportation
of different foods, or high risk foods such as fish, meat, poultry, eggs etc.,
effective cleaning and disinfections shall be carried out between loads to
avoid the risk of cross- contamination. For bulk transport of food, containers
and conveyances shall be designated and marked for food use only and be
used only for that purpose.
6 Management and Supervision
6.1 A detailed Standard Operating Procedure (SOP) for the processing of food as
well as its packing, despatch and storage will be developed for proper
management which in turn would help in identifying any problem and the
exact point, so that damage control would be faster.
6.2 The Food Business shall ensure that technical managers and supervisors have
appropriate qualifications, knowledge and skills on food hygiene principles
and practices to be able to ensure food safety and quality of its products, judge
food hazards, take appropriate preventive and corrective action, and to ensure
effective monitoring and supervision.
7 Food Testing Facilities
7.1 A well equipped, laboratory for testing of food materials / food for physical,
microbiological and chemical analysis in accordance with the
157
specification/standards laid down under the rules and regulations shall be in
place inside the premise for regular / periodic testing and when ever required.
7.2 In case of any suspicion or possible contamination, food materials / food shall
be tested before dispatch from the factory.
7.3 If there is no in house laboratory facility, then regular testing shall be done
through an accredited lab notified by FSSAI . In case of complaints received
and if so required, the company shall voluntarily do the testing either in the inhouse laboratory or an accredited lab or lab notified by FSSAI.
8 Audit, Documentation and Records
8.1 A periodic audit of the whole system according to the SOP shall be done to
find out any fault / gap in the GMP/GHP system.
8.2 Appropriate records of food processing / preparation, production / cooking,
storage, distribution, service, food quality, laboratory test results, cleaning and
sanitation, pest control and product recall shall be kept and retained for a
period of one year or the shelf-life of the product, whichever is more.
9 SANITATION AND MAINTENANCE OF ESTABLISHMENT PREMISES
9.1 Cleaning and Maintenance
9.1.1 A cleaning and sanitation programme shall be drawn up and observed and the
record thereof shall be properly maintained, which shall indicate specific areas
to be cleaned, cleaning frequency and cleaning procedure to be followed,
including equipment and materials to be used for cleaning. Equipments used in
manufacturing will be cleaned and sterilized at set frequencies.
9.1.2 Cleaning chemicals shall be handled and used carefully in accordance with the
instructions of the manufacturer and shall be stored separately away from food
materials, in clearly identified containers, to avoid any risk of contaminating
food.
9.2 Pest Control Systems
9.2.1Food establishment, including equipment and building shall be kept in good
repair to prevent pest access and to eliminate potential breeding sites. Holes, drains and
other places where pests are likely to gain access shall be kept in sealed condition or fitted
with mesh / grills / claddings or any other suitable means as required and animals, birds and
pets shall not be allowed to enter into the food establishment areas/ premises.
9.2.2 Food materials shall be stored in pest-proof containers stacked above the
ground and away from walls.
9.2.3 Pest infestations shall be dealt with immediately and without adversely affecting
the food safety or suitability. Treatment with permissible chemical, physical or biological
agents, within the appropriate limits, shall be carried out without posing a threat to the safety
or suitability of food. Records of pesticides / insecticides used along with dates and
frequency shall be maintained.
10 PERSONAL HYGIENE
10.1 Health Status
10.1.1 Personnel known, or believed, to be suffering from, or to be a carrier of a disease
or illness likely to be transmitted through food, shall not be allowed to enter into
any food handling area . The Food Business shall develop system, whereby any
person so affected, shall immediately report illness or symptoms of illness to the
management and medical examination of a food handler shall be carried out apart
from the periodic checkups, if clinically or epidemiologically indicated.
10.1.2 Arrangements shall be made to get the food handlers / employees of the
establishment medically examined once in a year to ensure that they are free from
any infectious, contagious and other communicable diseases. A record of these
158
examinations signed by a registered medical practitioner shall be maintained for
inspection purpose.
10.1.3 The factory staff shall be compulsorily inoculated against the enteric group of
diseases as per recommended schedule of the vaccine and a record shall be kept
for inspection.
10.1.4 In case of an epidemic, all workers are to be vaccinated irrespective of the
scheduled vaccination.
10.2 Personal Cleanliness
10.2.1 Food handlers shall maintain a high degree of personal cleanliness. The food
business shall provide to all food handlers adequate and suitable clean protective
clothing, head covering, face musk, gloves and footwear and the food business
shall ensure that the food handlers at work wear only clean protective clothes,
head covering and footwear every day.
10.2.2 Food handlers shall always wash their hands with soap and clean potable water,
disinfect their hands and then dry with hand drier or clean cloth towel or
disposable paper at the beginning of food handling activities immediately after
handling raw food or any contaminated material, tools, equipment or work
surface, where this could result in contamination of other food items or after
using the toilet.
10.2.3 Food handlers engaged in food handling activities shall refrain from smoking,
spitting, chewing, sneezing or coughing over any food whether protected or
unprotected and eating in food preparation and food service areas.
10.2.4 The food handlers should trim their nails and hair periodically, do not encourage
or practice unhygienic habits while handling food.
10.2.5 Persons working directly with and handling raw materials or food products shall
maintain high standards of personal cleanliness at all times. In particular:
a) they shall not smoke, spit, eat or drink in areas or rooms where raw materials and
food products are handled or stored;
b) wash their hands at least each time work is resumed and whenever contamination
of their hands has occurred; e.g. after coughing / sneezing, visiting toilet, using
telephone, smoking etc.
c) avoid certain hand habits – e.g. scratching nose, running finger through hair,
rubbing eyes, ears and mouth, scratching beard, scratching parts of bodies etc.-
that are potentially hazardous when associated with handling food products, and
might lead to food contamination through the transfer of bacteria from the
employee to product during its preparation. When unavoidable, hands should be
effectively washed before resuming work after such actions.
10.3 Visitors
10.3.1 Generally visitors should be discouraged from going inside the food handling
areas. Proper care has to be taken to ensure that food safety & hygiene is not
getting compromised due to visitors in the floor area.
10.3.2 The Food Business shall ensure that visitors to its food manufacturing, cooking,
preparation, storage or handling areas must wherever appropriate, wear protective
clothing, footwear and adhere to the other personal hygiene provisions envisaged
in this section.
11 PRODUCT INFORMATION AND CONSUMER AWARNESS
All packaged food products shall carry a label and requisite information as per provisions of
Food Safety and Standards Act, 2006 and Regulations made there under so as to ensure that
adequate and accessible information is available to the each person in the food chain to enable
them to handle, store, process, prepare and display the food products safely and correctly and
that the lot or batch can be easily traced and recalled if necessary.
12 TRAINING
159
12.1 The Food Business shall ensure that all food handlers are aware of their role and
responsibility in protecting food from contamination or deterioration. Food handlers shall have
the necessary knowledge and skills which are relevant to food processing / manufacturing,
packing, storing and serving so as to ensure the food safety and food quality.
12.2 The Food Business shall ensure that all the food handlers are instructed and
trained in food hygiene and food safety aspects along with personal hygiene requirements
commensurate with their work activities, the nature of food, its handling, processing,
preparation, packaging, storage, service and distribution.
12.3 Periodic assessments of the effectiveness of training, awareness of safety
requirements and competency level shall be made, as well as routine supervision and checks to
ensure that food hygiene and food safety procedures are being carried out effectively.
12.4 Training programmes shall be routinely reviewed and updated wherever
necessary.
PART-III
(See Regulation 2.1.2.(1)(5))
Specific Hygienic and Sanitary Practices to be followed by Food Business Operators
engaged in manufacture, processing, storing and selling of Milk and Milk Products
In addition to Part-II, the dairy establishment in which dairy based food is being handled,
processed, manufactured, stored, distributed and ultimately sold by the food business operator,
and the persons handling them should conform to the sanitary and hygienic requirement, food
safety measures and other standard as specified below.
I. SANITARY REQUIREMENTS
1.Dairy Establishments shall have the following:
(a)Facilities for the hygienic handling and protection of raw materials and of nonpacked or non-wrapped dairy products during loading and unloading, transport & storing
including Bulk Milk cooling facilities.
(b)Special watertight, non-corrodible containers to put raw materials or dairy products
intended for human consumption. Where such raw materials or dairy products are removed
through conduits, these shall be constructed and installed in such a way so as to avoid any
risk of contamination of other raw materials or dairy products;
(c)a waste water disposal system which is hygienic and approved ;
(d)facilities for cleaning & disinfecting of tanks used for transporting dairy products
and raw milk. These containers have to be cleaned after every use.
2. The occupier of a dairy establishment shall take appropriate measures to avoid crosscontamination of dairy products in accordance with the cleaning program as specified in point
9.1 of Part II.
3. Where a dairy establishment produces food stuffs containing dairy products together with
other ingredients, which have not undergone heat treatment or any other treatment having
equivalent effect, such dairy products and ingredients shall be stored separately to prevent crosscontamination.
4. The production of heat-treated milk or the manufacture of milk-based products, which
might pose a risk of contamination to other dairy products, shall be carried out in a clearly
separated working area.
5.Equipment, containers and installations which come into contact with dairy products or
perishable raw materials used during production shall be cleaned and if necessary disinfected
according to a verified and documented cleaning programme.
6.Equipment, containers, instruments and installations which come in contact with
microbiologically stable dairy products and the rooms in which they are stored shall be cleaned
and disinfected according to a verified and documented Food Safety management programme
drawn up by the owner/occupier of the dairy establishment.
160
7.Disinfectants and similar substances used shall be used in such a way that they do not
have any adverse effects on the machinery, equipment, raw materials and dairy products kept at
the dairy establishment. They shall be in clearly identifiable containers bearing labels with
instructions for their use and their use shall be followed by thorough rinsing of such instruments
and working equipment with potable water, unless supplier’s instructions indicate otherwise.
II. PERSONAL HYGIENE REQUIREMENTS
1.The Food Business Operator shall employ those persons only in such an establishment to
work directly with and handle raw materials or dairy products if those persons have proved to the
occupier’s satisfaction by means of a medical certificate, on recruitment, that there is no medical
impediment to their employment in that capacity.
2.Persons working directly with and handling raw materials or dairy products shall maintain
the highest standards of personal cleanliness at all times. In particular they shall
(a)wear suitable, clean working clothes and headgear which completely encloses their
hair;
(b)wash their hands at least each time work is resumed and whenever contamination of
their hands has occurred; e.g. after coughing / sneezing, visiting toilet, using telephone,
smoking etc.
(c)cover wounds to the skin with a suitable waterproof dressing. No person with injury
on hand, even with dressing, shall be placed in any product making/handling section.
(d) avoid certain hand habits – e.g. scratching nose, running finger through hair,
rubbing eyes, ears and mouth, scratching beard, scratching parts of bodies etc. that are
potentially hazardous when associated with handling dairy products, and might lead to food
contamination through the transfer of bacteria from the employee to product during its
preparation. When unavoidable, hands should be effectively washed before resuming work
after such actions
III. SANITARY REQUIREMENTS FOR STORAGE
1.Immediately after procuring, raw milk shall be placed in a clean place, which is suitably
equipped so as to prevent any kind of contamination.
2.The cans/ containers made up of mild steel metal and plastic material used for storage and
transportation of milk and milk products shall not be allowed.
3.If raw milk is brought to the dairy plant by a producer or farmer then it shall be ensured
that he brings it within four hours of milking and it shall be cooled as soon as practicable to a
temperature of 4ºC or lower and maintained at that temperature until processed.
4.Where raw milk is collected daily from a producer, it shall be cooled immediately to a
temperature of 4ºC to 6ºC or lower and maintained at that temperature until processed;
5.When the pasteurization process is completed, pasteurized milk shall be cooled
immediately to a temperature of 4ºC or lower.
6.Subject to Paragraph 7 below, any dairy product not intended to be stored at ambient
temperature shall be cooled as quickly as possible to the temperature established by the
manufacturer of that product as suitable to ensure its durability and thereafter stored at that
temperature.
7.Where dairy products other than raw milk are stored under cooled conditions, their
storage temperatures shall be registered and the cooling rate shall be such that the products reach
the required temperature as quickly as possible.
8.The maximum temperature at which pasteurized milk may be stored until it leaves the
treatment establishment shall not exceed 5ºC.
IV. WRAPPING AND PACKAGING
1. The wrapping and packaging of dairy products shall take place under satisfactory
hygienic conditions and in rooms provided for that purpose.
2.The manufacture of dairy products and packaging operations may take place in the same
room if the following conditions are satisfied: —
161
(a)The room shall be sufficiently large and equipped to ensure the hygiene of the
operations;
(b) the wrapping and packaging shall have been brought to the treatment or processing
establishment in protective cover in which they were placed immediately after manufacture
and which protects the wrapping or packaging from any damage during transport to the
dairy establishment, and they shall have been stored there under hygienic conditions in a
room intended for that purpose;
(c)the rooms for storing the packaging material shall be free from vermin and from
dust which could constitute an unacceptable risk of contamination of the product and shall
be separated from rooms containing substances which might contaminate the products.
Packaging shall not be placed directly on the floor;
(d)packaging shall be assembled under hygienic conditions before being brought into
the room, except in the case of automatic assembly or packaging, provided that there is no
risk of contamination of the products;
(e)packaging shall be done without delay. It shall be handled by separate group of staff
having experience in handling and product wrapping and
(f) immediately after packaging, the dairy products shall be placed in the designated
rooms provided for storage under required temperature.
3.Bottling or filling of containers with heat-treated milk and milk product shall be carried
out hygienically.
4.Wrapping or packaging may not be re-used for dairy products, except where the
containers are of a type which may be re-used after thorough cleaning and disinfecting.
5. Sealing shall be carried out in the establishment in which the last heat-treatment of milk
or liquid milk-based products have been carried out, immediately after filling, by means of a
sealing device which ensures that the milk is protected from any adverse effects of external
origin on its characteristic. The sealing device shall be so designed that once the container has
been opened, the evidence of opening remains clear and easy to check.
PART IV
(See Regulation 2.1.2 (1)(5))
Specific Hygienic and Sanitary Practices to be followed by Food Business Operators
engaged in manufacture, processing, storing and selling of Meat and
Meat Products
A. Slaughter House
Food Business Operator which slaughters large animals and small animals including sheep
and goat or poultry birds within the premises of his factory for production of meat/ meat products
for supply / sale/ distribution to the public shall comply with the following requirements:—
1.General Requirements:
1.1 No Objection Certificate to be obtained from local Authority before grant of
license.
2.Location of Premises:
Such establishments / Slaughter Houses should be linked to a meat market located
away from Vegetable, fish or other food markets and shall be free from undesirable odour,
smoke, dust or other contaminants. The premises shall be located at elevated level in a
sanitary place.
3.Premise requirements:
3.1The slaughter house shall have a reception area/animal holding yard/resting yard,
lairage, slaughter hall, side halls for hide collection, paunch collection, offals collection, and
separation, holding room for suspected/ condemned carcass, by-product harvesting,
refrigeration room/cold room etc.
162
3.2Every such establishment / Slaughter House shall make separate provision in the
slaughter hall for the slaughter of different species which are proposed to be slaughtered
(like large animal viz; Cattle and Buffalo, Pigs and small animals like Sheep & Goat) and
for different methods of slaughter (like Halal, Jewish and Jhatka). After every type of
operation the slaughter house shall be cleaned, washed wiped/dried and sanitized
thoroughly.
3.3The slaughter house shall have separation between clean and dirty sections and shall
be so organized that from the introduction of a live animal into the slaughter house up to the
emergence of meat and offal classed as fit for human consumption there shall be a
continuous forward movement without any possibility of reversal, intersection or
overlapping between the live animal meat, and between meat and bye products or waste.
3.4The reception area/animal holding yard/ resting yard shall have facilities for
watering and examining animals before they are sent to holding pens/lairage. Animals
suspected of contagious or infectious diseases shall be segregated and kept in separate
isolation pens which shall also be provided with arrangements for watering and feeding.
After confirmation for any notifiable disease, the designated Veterinary Authority shall
notify the disease as per the existing procedures. The resting yard must have overhead
protective shelter.(This is not mandatory for registration category)
3.5 The lairage shall be adequate in size for the number of animals to be laired.
3.6Separate space shall be provided for stunning (Wherever applicable), for collection
of blood and for dressing of the carcasses. The slaughtering of an animal shall not be done
in the sight of other animals. The dressing of the carcass shall not be done on the floor.
Suitable hoists will be provided to hang the carcass before it is eviscerated.
3.7All the floors in lairage, slaughter halls, work rooms, hanging rooms shall be of
impervious and non-slippery material.
3.8The internal walls will be paved with impervious glazed tiles up to 1 meter height in
case of poultry and small ruminant animals and 5 meter height in case of large ruminant
animals . The walls and floors should be epoxy coated so as to avoid
accumulation/absorption of dust, blood/meat particles, microbial/fungal growth.
3.9Ceiling or roofs shall be so constructed and finished so as to minimise
condensation, mould development, flaking and accumulation of dirt.
3.10Suitable and sufficient accommodation shall be provided for segregation, storage
and disposal of condemned meat.
3.11The establishments / Slaughter Houses shall be so constructed and maintained as
to permit hygienic production.
3.12 Windows, doors and other openings suited to screening shall be fly proof. All
doors shall have strong springs so that they may close automatically.
3.13 All operations in connection with the preparation or packing of meat / meat food
products shall be carried out under hygienic conditions. No portion of the establishments /
Slaughter Houses premises shall ever be used for living or sleeping purposes unless it is
separated from the factory by a wall.
3.14 There shall be efficient drainage and plumbing systems and all drains and gutters
shall be properly and permanently installed. There shall be provision for the disposal of
refuse.
3.15 The drainage system for blood shall either be underground with facility for easy
cleaning or a portable receptacle with lid. All drainages will have traps and screens so as to
prevent entry of scavengers like rats, mice, vermin etc.
3.16 The rooms and compartments where edible products are handled shall be separate
and distinct from the rooms and compartments for inedible products.
3.17 Suitable and separate space shall be provided for the storage of hides and skins.
This room shall have a separate exit.
3.18 A constant and sufficient supply of clean potable cold water with pressure hose
pipes and supply of hot water should be made available in the slaughter hall during working
hours.
163
3.19 Suitable and sufficient facilities shall be provided for persons working in the
slaughter house for changing their clothes and cleaning their footwear, and cleaning their
hands before entering rooms used for the preparation and storage of meat.
3.20Provision for latrines, toilets and change rooms will be made . Sufficient number
of latrines, urinals, washbasins and bathrooms for each sex shall be provided.
3.21 Suitable and sufficient facilities shall be provided in convenient places within the
slaughter house for the sterilisation of knives and sharpner (mushtala) and other equipment
used in the slaughter house. The knives and sharpner (mushtala) shall be of stainless steel
only.
3.22 Whenever cooking is done on open fire, chimneys shall be provided for removal
of smoke and soot.
3.23 Whenever the dressed meat is not used up for the preparation of meat food
products and some portion has to be stored without further immediate processing, such
storage shall be in a room maintained at 0° C to 2°C.
3.24 All slaughter house refuse and waste materials will be suitably processed to
prepare animal bye products or dumped in pits that are suitably covered so as to prevent its
access to scavengers. For large slaughter houses, a suitable provision of Effuent Treatment
Plant will be made.
3.25 In case of small slaughter houses, waste material should be composted which can
be used for manure purpose and in case of large slaughter houses, waste material should be
rendered (cooked) in a rendering plant to produce meat, bone meal and inedible fats.
3.26 Suitable and sufficient facilities shall be provided for the isolation of meat
requiring further examination by the authorised veterinary officer in a suitable laboratory
(within the premises of the slaughter house).
3.27 Consistent with the size of the factory and volume and variety of meat food
products manufactured, a laboratory shall be provided, equipped and staffed with qualified
(chemist/analyst and Veterinary Microbiologist) and trained personnel. The licensing
authority shall accord approval of the laboratory after inspection.
3.28 The Chemist/analyst shall have passed graduation with Chemistry as one subject
and the. Veterinary Microbiologist shall be a qualified veterinarian with two years of
experience in Meat analysis or having degree of Master in Veterinary Public Health with
specialization in Meat Hygiene.
3.29.Adequate natural or artificial lighting should be provided throughout the abattoir/
meat processing unit. Where appropriate, the lighting should not alter colours and the
intensity should not be less than 540 Lux (50 foot candles) at all inspection points, 220 Lux
(20 foot candles) in work rooms and 110 Lux (10 foot candles) in other areas. Light bulbs
and fixtures suspended over meat in any stage of production should be of safety type and
protected to prevent contamination of meat in case of breakage. As far as possible meat
inspection shall be carried out in day light. Every abattoir shall be provided with well
distributed artificial light.
4.Sanitary Practices:
4.1 Every part of the internal surface above the floor or pavement of such slaughter
house shall be washed thoroughly with hot lime wash within the first 10 days of March,
June, September and December. Every part of the floor or pavement of the slaughter house
and every part of the internal surface of every wall on which any blood or liquid refuse or
filth may have been spilt or splashed or with which any offensive or noxious matter have
been brought into contact during the process of slaughtering, dressing and cutting, shall be
thoroughly cleaned, washed with water, wiped/dried and disinfectant within three hours
after the completion of slaughter.
4.02 Rooms and compartments in which animals are slaughtered or any product is
processed or prepared shall be kept sufficiently free from steam, vapours and moisture and
obnoxious odours so as to ensure clean and hygienic operations. This will also apply to
overhead structures in those rooms and compartments.
164
4.03 All parts of the establishments / Slaughter Houses shall always be kept clean,
adequately lighted and ventilated and shall be regularly cleaned, and disinfected. The
floorings shall be impervious and washed daily. Lime washing, colour washing or painting
as the case may be, shall be done at least once in every twelve months.
4.04 All yards, outhouses, stores and all approaches to the establishments / Slaughter
Houses shall always be kept clean and in a sanitary condition.
4.05 Suitable and sufficient receptacles furnished with closely fitted covers shall be
provided for collection and removal of all garbage, filth and refuse from the slaughter house
at a convenient time to a place away from the factory for disposal.
4.06 All blood , manure, garbage, filth or other refuse from any animal slaughtered and
the hide, fat, viscera and offal there from, shall be removed from the slaughter house within
8 hours after the completion of the slaughtering and in such a manner and by such means as
will not cause nuisance at the premises or elsewhere. Every such vessel or receptacle shall
be thoroughly cleaned and disinfected immediately after use and shall be kept thoroughly
clean when not in actual use.
4.07 The inner side of the skin shall not be rubbed or caused to be rubbed upon the
ground within any portion of the slaughter hall. Hides and skins shall not be dragged within
the slaughter hall. No gut-scraping, tripe cleaning, manufacture or preparation of meat food
products, household washing of clothes or work of any nature other than is involved in the
slaughter and dressing of the carcass shall be permitted in any slaughter hall except in the
adjuncts to the slaughter hall intended for these products and purposes.
4.08 The premises shall be cleaned thoroughly with disinfectants, one day in advance
of production of meat food products and the equipments shall be sterilized/sanitized before
use. The rooms and compartments in whichany meat food product is prepared or handled
shall be free from dust and from odours emanating from dressing rooms, toilet rooms, catch
basins, hide cellars, casing rooms and livestock pens.
4.9 Every practicable precaution shall be taken to exclude flies, rats, mice and vermin
from the establishments
/ Slaughter Houses. The use of poisons for any purpose in rooms or compartments where
any unpacked product is stored or handled is forbidden. The use of approved bait poisons in
hide cellars, compartments where inedible products are stored, outhouses or similar
buildings containing canned products is, however, not forbidden.
4.10 It shall be ensured that dogs, cats or birds do not have access to the slaughter hall. Open areas in the
factory shall have covered wire rope netting to prevent carrion birds from access to the slaughter hall or the factory.
4.11 Water used in the establishments / Slaughter Houses shall be potable and suitable
arrangements shall be made for ensuring potability of water if bore well water is used for
production of meat and meat products. If required by the licensing authority, the water shall
be got examined chemically and bacteriologic ally by a recognised laboratory. The water
quality shall comply the standards prescribed by the licensing Authority.
4.12 Warm meat’ meant for immediate sale need not be stored in cool conditions. It can
be transported in a hygienic and sanitary condition in clean insulated containers with covers
(lids) to the meat shops/selling units with precautions to ensure that no contamination/cross
contamination or deterioration takes place.
5.Equipment & Machinery:
5.1The equipment and fittings in slaughter hall except for chopping blocks, cutting
boards and brooms, shall be of such material and of such construction as to enable them to
be kept clean. The implements shall be of metal or other cleanable and durable material
resistant to corrosion.
5.2No vessel, container or other equipment, the use of which is likely to cause metallic
contamination injurious to health shall be employed in the preparation, packing or storage
of meat food products. (Copper or brass vessels shall always be heavily lined. No iron or
galvanised iron shall come in contact with meat food products).
6.Personnel Hygiene:
165
6.1 No person suffering from infectious or contagious diseases shall be allowed to
work in the factory. Arrangements shall be made to get the factory staff medically examined
at such intervals as the licensing authority deems fit, to ensure that they are free from
infectious, contagious and other diseases. A record of these examinations signed by a
registered medical practitioner shall be maintained for inspection.
6.2The staff shall be inoculated against the enteric group of diseases and a certificate
thereof shall be kept for inspection.
6.3 In case of an epidemic, all workers should be inoculated or vaccinated.
6.4The workers working in processing and preparation shall be provided with proper
aprons and head wears which shall be clean. The management shall ensure that all workers
are neat, clean and tidy.
(a) Animal Welfare
Animal welfare is a major concern in meat production. It is essential that animals
be reared, handled, transported, and slaughtered using humane practices. A healthy and
peaceful animal is an essential requirement for hygienic slaughter and safety of the
meat product.
Careful handling of animals during loading / unloading, transportation and at
slaughtering helps in improving the quality of meat and reduction in losses in the value of
the carcass/meat.
1. Pre Slaughter Handling of Animal:
Livestock are transported en masse from the farm to the slaughterhouse, a process called
“live export”. Depending on its length and circumstances, this exerts stress and injuries on the
animals and some may die en route. Apart from being inhumane, unnecessary stress in transport
may adversely affect the quality of the meat. In particular, the muscles of stressed animals are
low in water and glycogen, and their pH fails to attain acidic values.
Transportation of Animals
Following requirements shall be satisfied for Transportation of Animals from a farm
to the slaughter house. 1.0 General Conditions
1.1 Only healthy animals in good condition shall be transported unless they are meant
for emergency slaughter. These animals should be certified by a qualified veterinary
inspector for freedom from infectious diseases and ecto-parasitic diseases and their fitness
to undertake the journey.
1.2When animals are to be transported from endemic areas of a disease to nonendemic areas, the animals should be given protective vaccination and kept in quarantine
for 30 days, before transportation.
1.3Female animals in advanced stages of pregnancy shall not be transported.
1.4When transporting large animals particularly bears/bulls, special arrangements by
providing suitable partitions should be made to protect the animals from infighting. Similar
arrangements should also be made to protect the young ones from being crushed when they
are transported.
1.5To avoid exhaustion, the animals shall be given humane treatment and care during
transportation. The animals shall not be bound or chained during transit and space provided
for them shall be large enough to stand or lie.
1.6 An attendant along with first aid equipment shall accompany the animals in
transit.
1.7Before loading, the animals should not be fed heavily. Only light feed may be
allowed. For journeys less than 12 hours no feed need be carried but for longer journeys
sufficient feed shall be carried to last during the journey. Watering facilities shall be
provided at regular intervals.
1.8Light and heavy animals shall be separated by providing partitions; animals from
different pens/sheds shall not be mixed during transportation. Male stock shall not be
transported with female stock (adults).
166
1.9All vehicles should be inspected for safety, suitability and cleanliness before
loading the animals. The floor and walls should be undamaged and there should be no nails
or sharp projections which may injure the animals.
1.10 The Vehicles should be thoroughly sprayed with suitable disinfectant before
loading the animals.
1.11 A layer of clean sand to cover the floor to a thickness of not less than 6 cm shall
be provided. This layer of sand shall be moistened with water during the summer months.
During hot months arrangements shall be made to sprinkle water on the animals at frequent
intervals. In winter, a 2-cm layer of clean sand with another 6-cm layer of whole-straw shall
be provided.
1.12 Animals when driven for loading or unloading shall never be struck with stick.
Driving could best be done by soft-rubber pipe.
1.13 If animals are to be transported in extreme cold or hot climate, it is preferable to
transport them in covered Lorries on road so that they may not die or get exhausted or
suffer from acute respiratory disease. Journey under such adverse climate shall be
minimised.
1.14 Each consignment should bear a label showing the following particulars:
a)Number and kind of the animals loaded;
b)Name, address and telephone number, if any, of the consignor;
c)Name address and telephone number, if any, of the consignee;
d)Instructions regarding feeding and watering.
2.0 Loading
2.1 Loading during extremes of temperatures shall be avoided.
2.2Suitable ramp shall be provided for loading and unloading the animals. The floor of the
ramp shall have cleats at intervals, so that animals do not slip as they climb or descend. The
ramp shall be covered with straw to avoid slipping. At any time of loading and unloading the
vehicle shall be kept clean to avoid slipping of animals. Bale
2.3In case of railway wagons when loading is done on the platform, the door of the wagon
may be used as ramp. In such cases, bales or bags of hay, agricultural wastes etc. may be placed
on the either side of the dropped door to prevent the animals from getting their legs between the
sides of the wagons and platform.
3.0 Space Requirements
3.1 Overcrowding shall be avoided. Each animal shall have enough space to lie down.
3.2 Railway wagons shall not accommodate more animals than those specified in IS
specifications.
3.3The speed of truck transporting animals shall not exceed 40 kilometres per hour,
avoiding jerks and jolts. The truck shall not load any other merchandise and shall avoid
unnecessary stops on the road.
3.4 For journeys, exceeding 12 hours, the animals shall be transported by railway. Loading shall be done by
evening.
4.0 Slaughter:
Animals are slaughtered by being first stunned and then exsanguinated (bled out). Stunning
can be effected through asphyxiating the animals with carbon dioxide, shooting them with a gun
or a captive bolt pistol, or shocking them with electric current.
4.1. Stunning:
Stunning before slaughter should be mandatory. By inducing unconsciousness and
insensibility, stunning can avoid and minimise reactions of fear and anxiety as well as pain,
suffering and distress among the animals concerned. Stunning methods induce temporary
loss of consciousness and rely on prompt and accurate sticking procedures to cause death.
It is important that the equipment utilized for stunning and slaughter is maintained in good working condition
and that all operators involved are well trained and have a positive attitude towards the welfare of animals.
167
Electrical stunning consists of passing electricity through the brain to produce
instantaneous insensibility. The following method of slaughter shall be considered
humane:—
(i)Mechanical stunning of cattle may be carried out by one of three methods;
captive bolt stunning, mushroom head percussive stunning and pneumatic percussive
stunning. For cattle, pneumatic stunning should be preferred and the optimum position
is that the centre of the stunner should contact the animal at a point of intersection of
lines drawn from the medial corners of the eyes and the base of the ears. The best
position for pigs is on the midline just above eye level, with the host directed down the
line of the spinal cord. The optimum position for sheep and goat is behind the poll,
aiming towards the angle of the jaw. If an animal shows signs of regaining
consciousness after the initial stun, the animal must be immediately killed by the use
of a captive bolt gun.
(ii)Electrical stunning – Electrical Head Stunners may be preferred for sheep and
goat where both electrodes are placed on the head region. Water bath electrical
stunning may be used for poultry birds. A low and controlled voltage must be
maintained so that the stunning will not damage the heart and brain or cause physical
disability and death to the animals. The minimum current level recommended for
stunning are indicated in the table below.
Species
Minimum current levels for head-only
stunning
Cattle 1.5 Amps
Calves (bovines of less than 6 month of
age) 1.0 Amps
Pigs 1.25 Amps
Sheep and goats 1.0 Amps
Lambs 0.7 Amps
Broilers 100 milli Amps
Turkeys 150 milli Amps
(iii) Gas stunning – Stunning of pigs by exposure to carbon dioxide (CO2) may be
preferred. The concentration of CO2 should be 90% by volume but shall not be less
than 80% by volume. Ideally pigs should be exposed for 3 minutes. Sticking should be
done immediately after exit from the gas chamber. Over-crowding of animals should
be avoided in the gas chamber.
5.Precautions for animal
welfare: a. General:
(1)The floor of the slaughter area should not cause slipping or falling of animals.
(2) Vocalization is an indicator of animal discomfort and need to be watched for.
(3)Use of electric pods for moving animal should be discouraged. Movement of
animals can be managed by grouping, use of plastic wrapped sticks etc.
(4)Pen stocking density should be monitored. All animals should have room to lie
down simultaneously. The condition of animals arriving for slaughter should be closely
monitored so that injured, diseased animals are not slaughtered.
(5)High pitch sounds such as whistling and yelling should be avoided to spare
distress to animals. b. The following factors have been identified as critical
to animal welfare:
(a) supervision and training of employees.
(b) Designing of animal transport cart and unloading bay.
(c) Proper construction of holding/resting pen, stunning box, maintenance of
stunning equipment, restraining systems, gates and other animal handling equipment.
168
(d) Avoiding distractions that make animals
refuse to move. (e) Monitoring the condition of
animals arriving at the plant. (f) Proper design
of equipment in the slaughter house.
Keeping this in view, the following need to be observed to ensure humane treatment of
animals brought for slaughter:—
 Pre-slaughter handling of animal should be carefully done to reduce stress.
Resting of the animals is essential. Only animals which are disease free and in
a condition to walk should be brought for slaughter.
 Distractions that impede animal movements such as, reflections, air blowing
towards animals and movement or high pitch noise, need to be avoided.
Herding of animals should not be done through electric prods but with the help
of plastic bags or sticks.
 A high standard of training is required for employees to ensure that the basic
hygiene and safety practices are followed while handling animals.
 Equipment which is used for slaughter such as captive bolt stunner, gates,
hooks etc should be kept in good working condition and cleanliness of floors
etc. needs to be ensured. There should be daily check to ensure the smooth
working of equipment and cleanliness of floors.
 The condition of the animals arriving at the plant should be monitored.
Animals which are injured or not in a condition to walk should not be
slaughtered.
 Inspecting personnel should pay particular attention to these points to ensure
reasonable standards of animal welfare.
6. Poultry welfare:
Welfare programme
The conditions under which broilers are housed and the way that they are managed
during their growing phase, transportation and slaughter are set down in several
government/industry endorsed Model Codes of Practice designed to safeguard their welfare.
A model welfare program needs to be developed for pick-up, transport and
broiler/chicken processing sectors. Processing unit shall incorporate elements of this
welfare audit in their own quality plans and manuals.
A Model programme shall envisage following:
Poultry Suppliers and processors must have a documented program for poultry welfare
envisaging following;
(a) Catching: Poultry intended for slaughter plant should be clean and in good
health. Every reasonable precaution should be taken to minimize injury to poultry. The
catcher needs to be trained to this effect.
(b) Transport: For transport of poultry crates shall be in good repair. There shall
be no crate/cage damage that would allow injury to poultry or allow crates to
accidentally open. Transport crates should not be over-filled and enough space should
be provided to allow all poultry to lie down.
(c) Holding: Poultry held in storage sheds should be provided adequate
ventilation and climate control such as fans or curtains.
(d) Stunning: Stunning equipment should be properly maintained to confirm that
poultry are insensible prior to slaughter, and the time between stunning and slaughter
should be limited to minimize any likelihood that poultry may regain consciousness
prior to slaughter.
Economic performance and welfare:
High standards of poultry welfare and high levels of flock performance and economic
performance are not incompatible – quite the contrary, they go hand in hand. It simply
169
makes good economic sense as well as being in the poultry’s best interests to ensure that
flocks are maintained in an environment, in which they are thermally comfortable, protected
from injury, fed optimally and kept healthy. Therefore, all measures described elsewhere to
ensure that chickens are kept in conditions which optimize their comfort (in terms of
temperature, humidity, air flow and air quality), in which they are provided with water,
shelter, and a high quality diet that matches their physiological needs, and which optimize
their health have just as important effect in terms of poultry welfare as they do on the
overall efficiency of the farming operation.
Poultry health and welfare:
When producing chicken meat in a welfare-friendly manner it is also important that the
poultry receive prompt and appropriate medication and treatment to prevent and treat
diseases if this should become necessary, and that they do not suffer any unnecessary pain,
distress, fear or physical injury. It is also important that sick or injured poultry that cannot
be adequately or successfully treated are culled quickly and in a humane manner so that
they do not suffer.
Humane slaughter (poultry):
While the chickens are reared specifically for human consumption and they therefore
at some stage have to be slaughtered, they should be slaughtered in a humane manner, and
all poultry should be stunned (rendered insensible to pain) prior to slaughter.
Slaughter equipment at all supply facilities should be properly maintained to confirm
that the poultry are slaughtered quickly.
7. Ante-mortem inspection
(1)All animals shall be rested before slaughter and shall be subjected to ante-mortem
examination and inspection well in advance of the time of slaughter.
(2) No animal which has been received into a slaughter hall for the purpose of being
slaughtered shall be removed from the slaughter hall before being slaughtered except with the
written consent of the Qualified Veterinary Doctor. An animal which, on inspection is found to
be not fit for slaughter shall be marked as “suspect” and kept separately. Each such animal shall
be marked as “suspect” only by or under the personal supervision of the Qualified Veterinary
Doctor and the marking shall not be removed or obliterated except by the Qualified Veterinary
Doctor himself.
(3) An animal showing signs of any disease at the time of ante-mortem inspection
that would cause its carcass being ultimately condemned on post-mortem shall be marked as
“condemned” and rejected.
(4)An animal declared as “suspect” on ante-mortem inspection but which does not plainly
show any disease or condition that would cause its entire carcass to be condemned shall maintain
its identity as “suspect” until its carcass and all organs are finally inspected by the Qualified
Veterinary Doctor.
(5)No animal in a febrile condition shall be permitted for slaughter. No suspect animal shall
be slaughtered until all other animals intended for slaughter on the same day have been
slaughtered. All animals which, on ante-mortem inspection, show symptoms of railroad sickness,
parturient paresis, rabies, tetanus or any other communicable diseases shall be marked as
“condemned” and disposed of in accordance with the provisions contained in sub paragraph (8)
below.
(6)Animals presented for slaughter and found in a dying condition on the premises of a
factory due to recent disease shall be marked as “condemned” and disposed of as provided for
“condemned” animals.
(7)Every animal which, upon examination, is found to show symptoms of or is suspected of
being diseased or animals declared as “suspect” shall at once be removed for treatment to such
special pen and kept there for observation for such period as may be considered necessary to
ascertain whether the animal is diseased or not.
(8) All animals declared as “condemned” on ante-mortem inspection shall be marked as
“condemned” and killed if not already dead. Such carcasses shall not be taken into the factory to
170
be slaughtered or dressed, nor shall they be conveyed into any department of the factory used for
edible products.
8.Post-mortem inspection—
1.A careful and detailed post-mortem examination and inspection of the carcasses and parts
thereof of all animals slaughtered shall be made soon after slaughter. All organs and parts of the
carcasses and blood to be used in the preparation of meat food products shall be held in such a
manner as to preserve their identity till the completion of the post-mortem inspection so that they
can be identified in the event of the carcasses being condemned.
2.Every carcass including all detached parts and organs thereof which show evidence of
any condition which will render the meat or any part or organ unfit for human consumption and
which for that reason may require subsequent inspection, shall be retained by the Qualified
Veterinary Doctor. The identity of such carcass including the detached parts and organs thereof
shall be maintained until the final inspection is completed. Retained carcasses, detached parts
and organs thereof shall be maintained until the final inspection is completed. Retained
carcasses, detached parts and organs thereof shall in no case be washed, trimmed or mutilated in
any manner unless otherwise authorized by the Qualified Veterinary Doctor.
3.No air shall be blown by mouth into the tissues of any carcass or part of a carcass.
4.Every carcass or part thereof which has been found to be unfit for human consumption
shall be marked by the Qualified Veterinary Doctor as “Inspected and condemned”.
5.All such condemned carcasses, parts and organs thereof shall remain in the custody of the
Qualified Veterinary Doctor pending disposal at or before the close of the day on which they are
marked “Inspected and condemned” in accordance with sub-paragraphs (11),(12) and (13)
below.
6.Carcasses, parts and the organs thereof found to be sound, wholesome, healthful and fit
for human consumption shall be marked as “Inspected and passed”.
7.Carcasses found affected with anthrax before evisceration shall not be eviscerated but
condemned and disposed of immediately in accordance with sub-paragraph (12) below. Any part
of a carcass contaminated with anthrax infected material through contact with soiled instruments
or otherwise shall be immediately condemned and disposed of as provided in sub-paragraph (12)
below.
8.The portion of the slaughtering department including equipment, employees’ boots and
aprons, etc., contaminated by contact with anthrax material shall be cleaned and thoroughly
disinfected immediately.
9.When on inspection only a portion of a carcass on account of slight bruises is decided to
be condemned, either the bruised portion shall be removed immediately and disposed of in
accordance with sub-paragraph (13) below or the carcass shall be retained and kept till such time
it is chilled and the bruised portion removed and disposed of as provided above.
10.Post-mortem inspection shall be a detailed one and shall cover all parts of the carcass,
the viscera, lymph glands and all organs and glands.
11. The post-mortem inspection shall be in accordance with the general rules laid
down for such inspection in public slaughter houses under the control of local bodies besides
special instructions that may be issued from time to time by the licensing authority.
12. All condemned carcasses, organs or parts thereof shall be completely destroyed in the presence of the Qualified
Veterinary Doctor by incineration or denatured, after being slashed freely with a knife, with crude carbolic acid, cresylicdisinfectant or any other prescribed agent unless such carcasses, organs or parts thereof are sterilized for the preparation of
bone-cum-meat meal before leaving the slaughter house premises, subject to sub-paragraph (13) below.
13.Carcasses, organs or parts thereof condemned on account of anthrax shall be disposed of
either by (i) complete incineration or (ii) thorough denaturing with prescribed denaturant in the
manner prescribed in the foregoing paragraphs and also in accordance with the rules and
regulations prescribed by the local authority.
14.Destruction of condemned carcasses, organs or parts thereof shall be carried out under
the direct supervision of the Qualified Veterinary Doctor.
15. If in the opinion of the Qualified Veterinary Doctor a carcass, organ or part thereof is to
be held back for further detailed examination, the carcass, organ or part concerned shall not be
released till the examination in detail is completed by the Qualified Veterinary Doctor and it is
171
declared thereafter by him as fit. When it is to be detained for detailed examination, the carcass,
organ or part thereof shall be marked as “Held”. If on subsequent inspection, the carcass, organ
or part thereof is found to be unwholesome and unfit for human food, the Qualified Veterinary
Doctor shall mark such a carcass, organ or part thereof as “condemned” and shall dispose it of as
described in the foregoing paragraphs.
a. Sanitary and Hygienic Requirements for Meat processing units
Following Sanitary and Hygienic requirements shall be satisfied by the meat
processing unit.
1.Location:
1.1Meat processing unit should be located in areas not subjected to regular and
frequent flooding and free from objectionable odours, smoke dust and other
contaminants;
1.2Roadways and areas serving the meat processing unit which are within its
boundaries or in its immediate vicinity should have a hard paved surface suitable for
wheeled traffic. There should be adequate drainage and provision for cleaning;
1.3Where appropriate, meat processing unit should be so designed that access can
be controlled.
2.Building and Facilities:
2.1The meat processing unit should provide adequate working space for the
satisfactory performance of all operations.
2.2 The construction should be sound and ensure adequate ventilation, good
natural or artificial lighting and easy cleaning.
2.3The meat processing unit should be laid out and equipped so as to facilitate
proper supervision of meat hygiene including performance of inspection and control;
2.4The meat processing unit should be of such construction as to protect against
the entrance and harbouring of insects, birds, rodents or other vermin as well as the
entry of environmental contaminants such as smoke, dust etc.
2.5Buildings and facilities should be designed to provide separation by partition,
location or other effective means, between those operations which may cause crosscontamination;
2.6Meat processing unit should be laid out and equipped so as to ensure, that
edible meat does not come into contact with floors, walls or other fixed structures,
except those which are specifically designed for contact with meat;
2.7The construction and lay out of any chilling room, freezing room, freezer store
or freezer should satisfy the requirements of these rules;
2.8 In meat handling areas :
— Floors should be of waterproof, non-absorbent, washable non-slippery and
made of nontoxic materials, without crevices and should be easy to clean and
slope sufficiently for liquids to drain to trapped outlets;
— Walls should be of waterproof, non-absorbent, washable and nontoxic
materials and should be light coloured. Up to a height of at least 1.5 metres,
they should be smooth and without crevices, and should be easy to clean ,
space between walls and ceilings should be sealed and covered to facilitate
cleaning;
— Ceilings should be so designed, constructed and finished as to prevent any
accumulation of dirt and minimize condensation, mould development and
flaking and should be easy to clean;
— Windows and other openings should be so constructed as to avoid
accumulation of dirt and those which open should be fitted with insect
screen. Screens should be easily movable for cleaning and kept in good
repair. Internal window sills, if present, should be sloped to prevent use as
shelves;
172
— Doors should have smooth, non-absorbent surfaces and where appropriate, be
self-closing and close fitting; and
— Stairs, lift cages and auxiliary structures such as platforms, ladders, chutes,
should be so situated and constructed as not to cause contamination of meat.
They should be capable of being effectively cleaned. Chutes should be
constructed with inspection and cleaning hatches;
2.9The use of construction materials which cannot be adequately cleaned and
disinfected such as wood, should be avoided unless its use would clearly not be a
source of contamination, and
2.10 Office accommodation should be provided for the use of the meat
inspection agency.
3.Sanitary Facilities:
3.1 Water Supply:
3.1.1. Supply of potable water under pressure should be available with facilities
for its storage, where necessary for distribution, and with protection against contamination;
3.1.2. An supply of hot potable water should be available at all times during
working hours;
Note – This provision is intended to cover water for both cleaning purposes and the destruction of
microorganisms (especially those pathogenic to man) on knives, utensils etc., and coming into direct contact with
meat. For cleaning purposes the temperature of the water should be 65 degree Celsius. The hot water for
disinfection purposes should be at 82 degree Celsius and dispensed in such a way (e.g. in specially designed boxes
near the working area) that blades of knives etc., can be submerged in the water for a contact time (no less than two
minutes). Often this water supply is separate from other hot water supplies used for cleaning, hand washing etc. But
if there is only one hot water supply the term “adequate” should mean that even at times where large amounts of hot
water is used (e.g. during cleaning operations) the water supply from any tap in the establishment should not be
decreased;
3.1.3 Ice should be made from potable water and should be manufactured,
handled and stored so as to protect it from contamination; and
3.1.4 Steam used in contact directly with meat should be produced from potable
water and contain no substances which may be hazardous to health or may contaminate the
food.
3.2Effluent and Waste Disposal – Meat processing unit should have an efficient effluent and
waste disposal system. All effluent lines (including sewer systems) should be large enough to
carry peak loads and should be constructed in such a manner as to avoid contamination of
potable water supplies. Biological oxygen demand level shall be less than 1500, and for that an
effluent treatment plant, if necessary may be installed.
3.3Facilities for Storage of Waste and Inedible Material. – Facilities should be provided for
the storage of waste and inedible material prior to removal from the establishment. These
facilities should be designed to prevent access to waste or inedible material by pests and to avoid
contamination of food, potable water and equipment or building.
3.4Changing Facilities and Toilets.- Suitable and conveniently located changing facilities
and toilets should be provided in all establishments. Toilets should be so designed as to ensure
hygienic removal of waste matter. These areas should be well lit and ventilated and should not
open directly on to food handling areas. Hand washing facilities with warm or hot and cold
water with suitable hygienic means of drying hands should be provided adjacent to toilets and in
such a position that the employee must pass them when returning to the processing area. Where
hot and cold water are available, mixing taps should be provided. Where paper towels are used, a
sufficient number of dispensers and receptacles should be provided near to each washing
facility. Taps of non-hand operable type are preferable. Notices should be posted directing
personnel to wash their hands after using the toilets.
3.5 Hand Washing Facilities in Processing Areas:
3.5.1 Adequate and conveniently located facilities for hand washing and drying
should be provided wherever the process demands. Where appropriate, facilities for hand
173
disinfection should be provided. The facilities should be furnished with properly trapped
waste pipes leading to drains.
3.5.2 All rooms used for deboning, preparing, packing or other handling of meat
should be equipped with adequate facilities for cleaning and disinfecting implements,
conveniently located for the use of personnel during operations. These facilities are for use
exclusively in the cleaning and disinfection of knives, steels, cleavers, saws and other
implements.
3.5.3 All facilities for cleaning and disinfecting implements should be of such
nature and sizes as to permit proper cleaning and disinfection of implements . These
facilities should be constructed of corrosion – resistant materials and should be capable of
being easily cleaned.
3.5.4 All facilities for cleaning and disinfecting of implements should be fitted with suitable means of
supplying hot water in sufficient quantity at all times while meat is being handled in that part of the Meat
Processing Unit.
3.5.5 Lighting – Adequate natural or artificial lighting should be provided throughout
the meat processing unit. Where appropriate, the lighting should not alter colours and the
intensity should not be less than
540 Lux (50 foot candles) at all inspection points.
220 Lux (20 foot candles) in work rooms.
110 Lux (10 foot candles) in other areas.
Light bulbs and fixtures suspended over meat in any stage of production should be of a
safety type and protected to prevent contamination of meat in case of breakage.
3.6 Ventilation – Ventilation should be provided to prevent excessive heat, steam
condensation, dust and to remove contaminated air. The direction of the air flow should never be
from a dirty area to clean area. Ventilation openings should be provided with an insect screen or
other protective enclosure of non-corrodible material. Screens should be easily removable for
cleaning.
4.Equipment and Utensils :
4.1Materials – All equipments, implements and utensils used in establishments which come
into contact with exposed meat and meat products should present a smooth impervious surface
and be resistant to corrosion and should be made of material which is non-toxic, does not
transmit odour or taste, is free from pits and crevices, is non-absorbent and capable of
withstanding repeated exposure to normal cleaning and disinfection. Such equipment should be
so constructed that they may be easily cleaned.
4.2 Sanitary Design, Construction and Installation:
4.2.1 All equipments and utensils should be so designed and constructed as to
prevent hygiene hazards and permits easy and thorough cleaning and disinfection and where
practicable be visible for inspection. Stationary equipment should be installed in such a
manner as to permit easy access and thorough cleaning.
4.2.2 Containers for inedible material and waste should be leak proof,
constructed of non-corrosive metal or other suitable impervious materials which should be
easy to clean or disposable and where appropriate, able to be closed securely; and
4.2.3 All refrigerated spaces should be equipped with temperature measurement
or recording devices.
4.3 Equipment Identification – Equipment and utensils used for inedible material or
waste should be so identified and should not be used for edible products.
5.Hygiene Requirements :
5.1Maintenance. The buildings, rooms, equipment and all other physical facilities of the
meat processing unit, including drains, should be maintained in good repair and in orderly
condition. Except for rooms where meat processing or cleaning operations are performed, they
should be free from steam, vapour and surplus water.
5.2 Cleaning and Disinfection – Cleaning and disinfection should meet the following
requirements :
174
(i) Amenities provided for the use of employee and the inspection service including
changing facilities, toilets and the inspection office space should be kept clean at all times.
(ii) If rooms, intended and most of the time used for the handling, preparation,
processing, packaging on storage of meat, are used for any other food preparation purposes,
then cleaning and disinfection are necessary immediately before and after such use.
(iii) The temperature in rooms for boning out and trimming should be controlled and
held suitably low, unless cleaning of equipment and utensils are carried out at least every
four hours;
(iv) To prevent contamination of meat, all equipments, implements, tables, utensils
including knives, cleaves, knife pouches, saws, mechanical instruments and containers
should be cleaned at frequent intervals during the day and immediately cleaned and
disinfected whenever they come into contact with diseased material, infective material or
otherwise become contaminated. They shall also be cleaned and disinfected at the
conclusion of each working day.
(v) If any skip or trolley or any container used in a department where edible material is
handled, enters an area where inedible material is handled it should be cleaned and
disinfected immediately before re-entering the edible department.
(vi) Immediately after the cessation of work for the day or at such other times as may
be required, the floors and wails should be cleaned to remove contamination. Floor drains
should be kept in good condition and repair with strainers in place; and
(vii) Roadways and yards in the immediate vicinity of and serving the meat processing
unit should be kept clean.
5.3 Hygiene Control Programme.-It is desirable that each meat processing unit in its
own interest designates a single individual whose duties are diverted from production, to be held
responsible for the cleanliness of the meat processing unit. His staff should be a permanent part
of the organisation or employed by the organisation and should be well trained in the use of
special cleaning tools, methods of dismantling the equipment for cleaning and in the significance
of contamination and the hazards involved. A permanent cleaning and disinfection schedule
should be drawn up to ensure that all parts of the meat processing unit are cleaned appropriately
and that critical areas, equipment and material and designed for cleaning and/or disinfection
daily or more frequently if required.
5.4 Storage and Disposal of Waste – Waste material should be handled in such a
manner so as to exclude contamination of food or potable water. Precautions should be taken to
prevent access to waste by pests. Waste should be removed from the meat handling and other
working areas at intervals and at least daily. Immediately after disposal of the waste, receptacles
used for storage and any equipment which has come into contact with the taste should be
cleaned and disinfected. At least daily the waste storage area should also be cleaned and
disinfected.
5.5Dogs, cats or other pet animals should be not allowed to enter meat processing unit.
6.Pest Control
6.1There should be an effective and continuous programme for the control of insects, birds,
rodents or other vermin. Meat processing unit and surrounding areas should be regularly
examined for evidence of infestation.
6.2Should pests gain entrance to the meat processing unit or surrounding areas, eradication
measures should be instituted. Control measures involving treatment with physical or chemical
or biological agents should only be undertaken by or under direct supervision of personnel who
have a thorough understanding of the potential hazards to health resulting from the use of these
agents, including those which may arise from residues retained in the product. Such measures
should be carried out in accordance with the recommendation of the official agency having
jurisdiction and with the full knowledge of its inspector, and
6.3Pesticides should only be employed if other precautionary methods cannot be used
effectively. Only pesticides approved for use in the meat processing unit by competent authority
should be used and the greatest care should be exercised to prevent any contamination of the
meat equipment or utensils. Before pesticides are applied all meat should be removed from the
room and all equipment and utensils should be thoroughly washed prior to being used again.
175
6.4Handling and Storage of Hazardous substances – Pesticides or other substance which
may represent a hazard should be labelled with a warning about their toxicity and use. Except as
required for purpose of hygiene such substance which may contaminate meat packing material
and ingredients should be handled and stored in a part of the meat processing unit which is not
used for preparation, processing, handling, packing or storage of meat. They should be handled
and dispensed only by authorised and properly trained personnel. Extreme care should be taken
to avoid contamination of meat. However, materials employed in the construction and
maintenance of an establishment may be used at any time with the approval of Food Safety
Officer.
6.5 Personal Effects and Clothing : – Personal effects and clothing should not be
deposited in meat handling areas.
6.6 Maintenance Tools – Cleaning and maintenance tools and products should not be
stored in meat handling area.
7.Personnel Hygiene and Health Requirements :
7.1 Medical examination – Persons who come into contact with meat in the course of
their work should have a medical examination prior to their employment. Medical examination
of a meat handler shall be carried out routinely and when clinically or epidemiologically
indicated, at least once in 12 months.
7.2 Communicable Diseases – The management should take care to ensure that no
person, while known or suspected to be suffering from, or to be a carrier of a disease likely to be
transmitted through meat or while afflicted with infected wounds, skin infections, sores or with
diarrhoea, is permitted to work in any area in any capacity in which there is any likelihood of
such a person directly or indirectly contaminating meat with pathogenic microorganisms. Any
person so affected should immediately report to the management that he is ill.
7.3 Injuries – Any person who is cut or injured should discontinue working with meat and
until he is suitably bandaged should not be engaged in any meat processing unit in the
preparation, handling, packing or transportation of meat. No person working in any meat
processing unit should wear exposed bandage unless the bandage is completely protected by a
water proof covering which is conspicuous in colour and is of such a nature that it cannot
become accidentally detached. first aid facilities should be provided for this purpose.
7.4Washing of Hands : Every person engaged in a meat handling area should wash his
hands frequently and thoroughly with a suitable hand cleaning preparation under running potable
water while on duty. Hands should always be washed before commencing work, immediately
after using the toilets, after handling contaminated material and whenever else necessary. After
handling diseased or suspect materials hands should be washed and disinfected immediately.
Notices requiring hand-washing should be displayed.
8.Personnel Cleanliness:
8.1Every person engaged in an area in meat processing unit where meat is handled should
maintain a high degree of personnel cleanliness while on duty, and should at all times while so
engaged wear suitable protective clothing including head covering and foot wear, all of which
should be washed unless designed to be disposed and which should be maintained in a clean
condition consistent with the nature of the work in which the person is engaged.
8.2 Aprons and similar items should not be washed on the floor; and
8.3 Such items should not be left on equipment in the working area.
8.4Personal Behavior : Any behavior which can potentially contaminate the meat such as
eating, use of tobacco, chewing, spitting, should be prohibited in any part of meat processing
unit used for the preparation, handling, packaging or transportation of meat.
8.5Visitors: Every person who visits an area in any meat processing unit where meat is
handled should wear clean protective clothing and head cover.
b)Sanitary &Hygienic Requirements for the Retail Meat Shops
For ensuring the hygiene and safety of meat being sold at retail meat shops, the
following requirements should be followed under the supervision of the qualified
Veterinary staff.
176
1.Location of Meat Shop
1.The meat shop / sale outlet should preferably be a unit of meat market located away from
Vegetable, fish or other food markets and shall be free from undesirable odour, smoke, dust or
other contaminants. Wherever a meat market is not available, individual meat shop can be set up
considering the above factors, which have a direct bearing on the hygiene conditions of the
premises and health of consumers.
(a) The minimum distance between the licensed meat shop and any place of worship
should not be less than 50 meters;
(b) The condition of 100 meters distance will apply in case the premises situated
directly opposite to the entry gate of religious place of any community.
2. All the meat shops located in the vicinity of religious places shall be fitted with black
glass doors, which must be kept closed all times except in case of entry or exit. It must be the
responsibility of the meat shop owners to maintain a high standard of hygiene not only inside the
shops, but also in the way leading to the shops road pavements or other adjoining place,
particularly for insanitary materials originating from the meat business for example, blood, part
of offal, meat scraps etc.
2.Size of Meat Shops
2.1Considering the constraints of commercial space in residential areas in concerned
Panchayats / Municipalities the size of meat shops may vary according to the size of business
and activities being carried out there in the meat shops.
2.2The height of shop in all above categories of meat shops should be not less than 3
meters, while in case of air-conditioned meat shops, it should not be less than 2.5 meters.
3.Premises
3.1 The premises shall be structurally sound. The walls up to the height of minimum 5 feet
from the floor level shall be made of impervious concrete material (e.g. glazed tiles or hygienic
panels, etc.) for easy washing and cleaning purposes.
3.02 The floor should be made of impervious and non-slippery materials with a slope for
easy cleaning and removal of filth, waste and dirty water. The slope of the floor shall not be less
than 5 cm. for a floor of 3 meters.
3.03 All the fittings in the stall should be of non-corroding and non-rusting type.
3.04 All processing tables, racks, shelves, boards, etc. shall have zinc/aluminium/stainless
steel/marble-granite top to facilitate proper cleaning.
3.05 A sign board indicating the type of meat sold shall be displayed prominently. Nothing
else but meat should be sold at the premises.
3.06 The premises should have provision of sewer connection for drainage of wastewater.
3.07 There should be provision of continuous supply of potable water inside the premises.
In case the water supply is from bore well the arrangement for softening of water for making the
same potable shall be made in the premises and intermittent store arrangement should be made.
3.8 The door of the shop should be of self-closing type. The door of the shop should be of
dark glass top and be kept closed. No carcasses should be kept in a manner so as to be seen by
the public from outside.
4.Ventilation
4.1 The meat shop should be ventilated with facility of cross ventilation and may be
provided with at-least one electric fan and one exhaust fan.
4.2 The rails and hanging hooks, if provided for hanging carcasses, should be of noncorrosive metal. The non-corrosive hanging hooks for carcasses shall be 30 cm. apart and the
distance between rails shall be 60 to 70 cm. depending upon the size of animals slaughtered and
carcasses hanged.
5.Equipment and Accessories
177
5.1 The meat shop should have suitable arrangement for fly proofing in the form of aircurtains, flytraps, etc.
5.02 It should have display cabinet type refrigerator of size for maintaining a temperature of
4 to 8 degrees C. or freezing cabinet if the meat is to be stored for more than 48 hours.
5.03 The weighing scales used shall be of a type which obviates unnecessary handling and
contamination and the plate sketch of the scale shall be made of stainless steel or nickel coated
5.04 The knives, tools and hooks used shall be made of stainless steel. Sufficient cupboards
or racks should be for storing knives, hooks, clothes and other equipments.
5.05 There should be a provision of geysers in all the meat shops to have hot water at a
temperature not less than 82 degree C to clean the premises and equipment used in meat shop.
5.06 Washbasin made of stainless steel / porcelain shall be provided with liquid soap
dispenser or other soap and nail brush for thorough cleaning of hands.
5.07 The chopping block should be of food-grade synthetic material, which does not
contaminate the meat. If the block is of wooden it should be of hardwood trunk, which is solid
enough and should not contaminate the meat.
5.8 A waste bin with a pedal operated cover shall be provided in the premises for collection
of waste material.
6.Transportation
6.1 The transportation of carcasses from the slaughter house to the premises shall be done
under hygienic conditions in boxes of adequate size linked with zinc/aluminium/stainless steel or
wire gauze meat safes, which must be washed daily.
6.2 The transportation of carcasses from the slaughter house to the meat shops should be
done in insulated refrigerated vans. Under no circumstances, carcasses will be transported in
vehicles used for commuting of human beings, or in an exposed condition.
7.Pest Control
7.1 The meat shop should have an effective and continuous programme for control of
insects, rodents or other vermin within the premises. The surrounding area of the shop should
also be free from insects, birds, rodents and other vermin.
7.02 The pest control measures adopted by the owner of shop should be kept as a record in
the premises to be shown to any officer of the concerned Panchayats / Municipalities responsible
for local administration/Corporation at the time of inspection.
7.03 Chlorinated hydrocarbons, organo-phosphorus compounds and synthetic perithroids,
rodenticides etc should neither be used as pesticide nor shall be stored at the meat shop.
7.4 No live animals or birds should be allowed inside or adjacent to the meat shops.
8.Personnel Hygiene
8.1. Every person employed for meat handling at the meat shop shall be medically
examined annually by a authorized registered medical practitioner and examination shall include
examination of sputum and x-ray of the chest for tuberculosis. The medical examination shall
also include examination of stool for protozoal and helminthic infestations for those parasites,
which are transmitted by ingestion, and also for the presence of enteropathogenic Escherichia
coli, Salmonella, Shigella spieces and Vibrio cholera.
8.02. A certificate / records of medical fitness of all workers handling meat should be kept
as a record in the premises to be shown to any officer of the concerned Panchayats /
Municipalities responsible for local administration / Corporation at the time of inspection.
8.03. No worker suspected to be suffering from fever, vomiting, diarrhoea, typhoid,
dysentery or boils, cuts and sores and ulcers (however small) shall be permitted to work in the
meat shops.
8.04 All the workers of the meat shop shall keep their finger nails short and clean and wash their hands with soap or
detergent and hot water before commencement of work and after each absence, especially after using sanitary
conveniences.
8.05. Eating, spitting, nose cleaning or the use of tobacco in any form or chewing betel
leaves shall be prohibited within the premises of meat shop processing, packing and storage area
of the unit. “No smoking “and “No Spitting “boards shall be prominently displayed in the shop.
178
9.Sanitary Practices
9.1 The chopping block should be sanitized daily by covering its top with sea-salt,
after cleaning it with hot water at close of business activity.
9.02 The floor should be washed with appropriate disinfectant / detergent / sanitizer at
the start and close of the business each working day.
9.03 There should be high standard of cleanliness and tidiness in the working area of
shop with no organic or other material lying on the floor.
9.04 The refrigerated / freezing cabinet should be regularly cleaned and
well maintained. 9.05 Slaughtering of animal / birds inside the shop
premises should be strictly prohibited. 9.06 The carcasses shall not be
allowed to be covered with wet-clothes.
9.07 Wholesome meat obtained from the authorized slaughter house shall only be sold
at the meat shops and a record thereof shall be kept in the premises to be shown to any
officer of the concerned Panchayats / Municipalities responsible for local administration
Corporation at the time of inspection.
9.08 Waste bins should be emptied, transported for disposal as per the arrangements
made by the concerned Panchayats / Municipalities and waste bin / dhalau ( burial pits)
shall be treated daily with a disinfectant.
9.9 The premises shall not be used for residential purposes nor it shall communicate
with any residential quarter. No personal belonging like clothing, bedding, shoes etc. shall
be kept in the premises. Only dressed carcasses of clean meat shall be stored at the
premises.
9.10 Hides, skins, hoofs, heads and unclean gut will not be allowed to be stored in the
premises at any time.
9.11 The chopping instruments should be cleaned with hot water at a temperature of 82
degree C.
9.12 The preparation of food of any type inside the meat sale outlet should be strictly
prohibited.
9.13 The meat obtained from unauthorized sources or unstamped meat is liable to be confiscated and
destroyed.
9.14 Waste of the meat shop to be disposed of packed in heavy polythene bags in
dhalaos (burial pits).
10. Other Requirements
10.1 The prepared meat shall be packed in waxed paper and then placed in polyethylene
bags or packed directly in bags made of food grade plastics.
10.02 Failure to comply with any of these instructions may entail legal action against the
defaulters, and even result in cancellation of license by the appropriate authority of the
concerned Panchayats/Municipalities/Corporation.
10.03 No Objection Certificate from law and order point of view to be obtained from police
department or the concerned Panchayats/Municipalities/Corporation before grant of license for
buffalo meat and pork shop.
10.04 The concerned Panchayats/Municipalities responsible for local administration in the country shall appoint
qualified Veterinary staff for the meat inspection (Ante mortem and Post mortem inspection) or if regular staff cannot be
made available or deployed for the purpose shall make contractual arrangements for availing the services of qualified
Veterinary staff for meat inspection available with the Animal Husbandry Depts. of the concerned state/UT in the country.
10.05 Retail meat shop license shall be granted subject to fulfillment of all the above
technical and administrative instructions in relation to the trade.
Part – V
Specific Hygienic and Sanitary Practices to be followed by Practices to be followed by
Food Business Operators engaged in catering / food service
establishments
179
In addition to Part-II the Catering/ food Service establishment in which food is being
handled, processed, manufactured, stored, distributed and ultimately sold to the customers and
the persons handling them should conform to the sanitary and hygienic requirement, food safety
measures and other standard as specified below.
It includes premises where public is admitted for repose or for consumption of any food or
drink or any place where cooked food is sold or prepared for sale. It includes:
(a) Eating Houses
(b) Restaurants & Hotels
(c) Snack Bars,
(d) Canteens (Schools, Colleges, Office, Institutions)
(e) Food Service at religious places
(f) Neighbourhood Tiffin Services / dabbawalas
(g) Rail and airline catering
(h) Hospital catering
I. GOOD MANUFACTURING PRACTICES FOR WHOLE PREMISE
I. Food Preparation Areas
The following rules apply to rooms where food is prepared. There will be no smoke
nuisance in the food preparation area. Wherever cooking or frying of any kind is being
done, a chimney having appropriate suction capacity as per the size of the kitchen has to be
installed prior to start of business.
II . Hand washing facilities and toilets
(1) Adequate number of wash-hand basins made of porcelain/stainless steel shall be
provided along with soap to wash hands, with hot and cold running water, and materials for
cleaning hands and drying them hygienically. Clean and dry towels shall be kept for the use
of customers.
(2) Separate sinks must be provided, where necessary, for washing raw food and
cleaning equipment.
(3) Sinks with a draining board, detergent and hot water shall be provided to ensure
proper cleaning of utensils, crockery and cutlery there will be a separate place for washing
pots and pains.
2. Changing facilities:
Facilities for staff to change their clothes, where necessary must be provided.
II. GOOD FOOD HYGIENE PRACTICES
1.Cleaning
o Food areas and equipment between different tasks, especially after handling raw food
shall be cleaned.
o The surface shall be thoroughly cleaned in case if somebody spills food / water /
drink.
o A systematic cleaning schedule and instructions has to be developed by the FBO.
o Food handlers should strictly follow the systematic cleaning schedule to make sure
that surfaces and equipment are cleaned when they need to be.
The schedule should include:
o what needs to be cleaned
o how often it needs to be cleaned
o how the cleaning should be
done Cleaning instructions
should indicate:
180
o what cleaning products should be used
o how the products should be stored ( away from raw, cooked, packed food) and used
o how much they should be used or diluted
o how long that should be left in contact with the surface (following the manufacturer’s
instructions)
1.Raw materials
1.Raw materials shall be purchased from reliable and known dealers and checked for
visible deterioration & off- odour.
2.There should be no physical hazards and foreign body contamination.
1. Raw paste, sauces etc. should be stored in properly covered containers made of food
grade material and checked regularly for fungal growth, deterioration etc.
Preparation of fruits/ vegetables:
(1) Fruits and vegetables that have been protected from cross-contamination and
properly conserved should be used.
(3) Whole fruits and vegetables should be washed in potable water before being cut,
mixed with other ingredients. Uncooked, ready-to-eat fruits & vegetables should be with 50
ppm chlorinated water before cutting, peeling or serving.
(4) Fruits and vegetables should be peeled, squeezed and/or cut, as appropriate, with
clean equipment/ utensils made of non-absorbent food grade materials.
(5)Previously prepared fruits/vegetables should be kept in clean and properly covered
food grade containers under refrigeration or at a maximum temperature suitable for the
product in question.
Preparation of Non-veg. Products:—
(1)Raw meat and processed meat should be separated from other foods; items and
surfaces.
(2)Separate items (e.g. cutting boards, dishes, knives) and preparation area for raw
meats and poultry and marine products should be used to avoid cross contamination of
food.
(3)Hands should be thoroughly washed before switching from preparing raw meat or
poultry or marine products to any other activity.
(4)Ensure proper cooking of all non vegetarian products.
(5)Used surfaces should be washed with antibacterial cleaning agent, rinsed properly
with water and sanitized after preparing raw meat/poultry.
(6)Ensure that frozen products are thawed as per point no. 9 under special
requirements for high risk foods.
3.Cooking
(a)The preparation/ processing/ cooking should be adequate to eliminate and reduce
hazards to an acceptable level which might have been introduced at the raw food level.
(b)The preparation/ processing/ cooking methods should ensure that the foods are not
re- contaminated.
(c)The preparation/ processing/ cooking of veg. & non-veg. products should be
segregated.
(d)Whenever cooking or reheating of food is done, it should be hot all the way
through, It is especially important to make sure that food is cooked thoroughly.
(e)Re-use of cooking oil should be avoided.
(f)Food hot held at 60°c and cooled at 21°c within 2 hrs or cooled to 5°c in 4 hours and
thereafter refrigerated might be reheated.
(g) Reheated food must reach a minimum internal temperature of 74°C.When using microwave to reheat,
food must reach a minimum temperature of 74°C and stayed covered for 5 mins to allow the temperature to
equilibrate.
181
(h)Reheat food quickly in ovens, steamer, microwave oven and/or on top of range in a
steam kettle.
(i)Never reheat food on a steam table, in a bain marie, in a bun drawer and/or under a
heat lamp.
(j)In case of reheating of oil use maximum three times to avoid the formation of trans
fat. It is ideal to use once if possible.
4. Chilling
o Semi cooked or cooked dishes and other ready-to-eat foods such as prepared salads
and desserts having short shelf life should not be left standing at room
temperature.
o Chilled food intended for consumption should be cold enough.
o Food items that need to be chilled should be put straight away into the fridge.
o Cooked food should be cooled as quickly as possible and then put it in the fridge.
o Chilled food should be processed in the shortest time possible.
o Fridge and display units should be cold enough and as per requirement.
o In practice, fridge should be set at 5?C to make sure that food is kept in chilled condition. Also, fridge
and display units should be maintained in good working condition to avoid food spoilage and
contamination.
4.Cross-contamination
Following should be done to avoid cross – contamination.
 Raw food/ meat/poultry and ready-to-eat foods should be kept separate at all times.
 Hands should be thoroughly washed after touching raw meat/poultry.
 Work surfaces, chopping boards and equipments should be thoroughly cleaned
before the preparing of food starts and after it has been used.
 Separate chopping boards and knives for raw fruit/ vegetables/ meat/poultry and
ready-to-eat food should be used.
 Raw meat/poultry below ready-to-eat food should be kept in the fridge.
 Separate fridge for raw meat/poultry should be kept.
 Staff should be made aware how to avoid cross-contamination.
III. PERSONAL HYGIENE
0.High standards of personal hygiene should be maintained.
1.All employees handling food should wash their hands properly:
 before preparing food
 after touching raw food or materials, specially meat/poultry or eggs
 after breaks
 after using the toilet
 after cleaning the raw materials or utensils / equipments
3.Street shoes inside the food preparation area should not be worn while handling &
preparing food.
4.Food handlers should ensure careful food handling & protect food from
environmental exposure.
5.Food handlesr should not handle soiled currency notes to avoid cross contamination.
IV. TRANSPORTATION AND HANDLING OF FOOD
(1)The vehicle/transportation being used to carry cooked/prepared/processed food should be
clean and, dedicated for this purpose and should not carry anything else.
(2) Time required for transportation should be minimum, to avoid microbial
proliferation.
(3)Cooked food served hot should be kept at a temperature of at least 600 C to prevent
microbial growth.
182
(4)Cooked food to be served cold should be kept below 50 C to prevent growth of
pathogens.
(5)All foods during transportation must be kept covered and in such a way as to limit
pathogen growth or toxin formation by controlling time of transportation, exposure, temperature
control and using safe water for cleaning etc.
(7)Handling of food should be minimal. It should be ensured that utensils, crockery, cutlery
and specially hands of the food handlers/seller are clean and sanitized.
(8) All surplus food and unused thawed food should be discarded.
(9)Food to be kept for cold storage should be distributed in small volumes to ensure
uniform cooling.
(10) Dry, fermented and acidified foods should be stored in cool and dry place.
(11) All packaged food viz. sterilized milk, bottled beverages, canned foods etc.
should be stored properly during transportation to ensure that seals remain intact and
undamaged.
V.STORAGE
1.It is very important to store food properly for the purpose of food safety. Following
things must be ensured: Foods should be cooked, stored and kept at right
temperature
Raw meat/poultry should be stored separately from other foods
 Veg. foods should always be stored above non-veg. foods and cooked foods above
uncooked foods on separate racks in the refrigerator.
 Storage temperature of frozen food should be -18oC or below.
 Cooked food to be eaten later should be cooled quickly, and kept it in the
refrigerator – It is advisable to put date on food packages or containers, using
stickers or any other way of identification , before keeping inside the refrigerator to
keep track of food prepared date wise and use accordingly to minimise wastage .
 Storage instructions over food packaging should be followed.
 Dried foods (such as grains and pulses) should be stored off the floor, ideally in
sealable containers, to allow proper cleaning and protection from pests.
Stock rotation
The rule for stock rotation is FIFO (first in, first out) to make sure that older food is
used first. This will help to prevent wastage.
VI. SPECIAL REQUIREMENTS FOR HIGH RISK FOODS
This section deals selectively with varieties of food which are high risk as per HACCP and
may need special attention. The type of foods covered here are as follows:
1. Cut fruits/salads, fresh juices and beverages
(1)Fresh fruits /vegetables cut or juiced should be used immediately; however, short
storage should be only under refrigeration in sanitized and properly covered vessels.
(2)Water used in beverages should be potable.
(3)Ice used should be made of potable water only.
(4) Food or beverages should not be stored in the same container used to store the ice intended for
consumption.
(5)Juice concentrates must be checked regularly for any fungal growth / change of
colour, odour or gas formation in the bottle.
(6)Juice dispensing machine should be cleaned and rinsed with water regularly.
2.Confectionery products
(1)Prepared confectionery products should be kept in airtight containers and displayed
hygienically.
183
(2)Cream to be used should be stored covered under refrigeration.
(3)Finished products should be refrigerated with proper labels indicating date of
expiry.
(4)Products should be properly wrapped/ packaged after proper cooling.
3.Meat, poultry & fish products
(1)Non veg. products/raw materials should be purchased (chilled products temperature
should be at 50C or below and frozen products at -18 deg C or below) from authorized/
licensed slaughter houses/vendors.
(2)Processing area should be cleaned and disinfected promptly.
(3)Preparation and processing of meat, poultry and marine products should be separate.
(4)Non-veg. products are washed with potable water before use.
(5)Non-veg. products are cooked thoroughly (core temperature 750 C) for at least 15
seconds or an effective time/temperature control e.g. 65 0C for 10 minutes, 70 0C for 2
minutes.
(6)Non-veg. products should be stored covered in refrigerator below the veg. products.
(7)Raw and cooked products should be stored physically separated with cooked
products at the top.
(8) All refuse/waste should be promptly removed from preparation area.
4.Water based chutneys, sauces etc.
(1) All fruits/vegetables should be washed properly before processing.
(2)Clean and disinfected chopping boards/grinding stone/machine should be used.
(3)Personal hygiene of food handlers need to be ensured.
(4)Water used in the chutneys should be safe and potable.
(5) Only permitted food additives should be used, if required, and be added in recommended quantities only.
(6) Spoiled products should be discarded immediately after confirmation of spoilage
(change in colour/ texture/ odour).
(7)Sauces and chutneys should be stored in glass/food grade plastic containers with
proper lids.
(8)Clean and intact containers should be used for storing sauces and chutneys.
(9)Sauces and chutneys should be stored in refrigerator when not in use.
(10) Perishable/uncooked chutneys should be consumed immediately.
5.Foods transported to point of sale from the point of cooking
(1)Food should be reheated more than 740 C before consumption.
(2)Food should be consumed or served for consumption within 4 hours of reheating.
6.Foods with Gravy
(1)Food products should not be stored at room temperature for more than 2 hours
during display or sale.
(2)For prolonged storage, foods should be stored in refrigerators or kept for hot
holding at or above 60°C.
(3)No water should be added after cooking/reheating/boiling.
7.Fried Foods
(1)Good quality / branded oils/fats should be used for food preparation, frying etc.
(2) Use packaged oil only.
(3)Use of oils with high trans fats (like vanaspati) should be avoided as far as possible.
(4)Re-heating and reuse of oil should be avoided as far as possible. Avoid using
leftover oil wherever
possible.
184
8.Adding ingredients after cooking
(1)Ingredients added to the cooked food should be thoroughly washed/ cleaned.
(2) After cooking or post cooked mixing, the food should be used immediately.
(3)Garnishes etc., if added, should be prepared using fresh, thoroughly washed and
freshly cut vegetables and used immediately.
Reuse of cooked food is not recommended.
o Potentially hazardous foods and high risk foods such as hollandaise sauce, refried
beans, scrambled eggs and cut fruits are to be discarded.
o All food at banquet setting that has been on display are to be discarded.
o Food kept at more than 60°C during service may be reused, only by following the
procedure indicated below:
o never mix leftover with fresh product. If in doubt, throw out the product.
o Reheat leftover food temperature to more than74°C
8.Thawing of Frozen Products.
Thawing-In Refrigerator
 Items being thawed should be labelled with defrost date to indicate the beginning
of 2nd shelf life.
 Thaw food at 5°C or less.
 Temperature controlled thawing is recommended for meat, poultry and fish.
 Any other means of thawing apart from running water and microwave is not
allowed.
Thawing In Running Water
Items being thawed should be labelled with date and time.
o Thawing in running water advisable shellfish and seafood.
o Thawing in running water should not exceed 90 minutes.
o Ensure air break between tap and water.
o Use sanitized food grade container.
o Sink must not be used for other purposes during thawing
o After thawing, product must be used within 12 hours.
o Cold running water (from mains) should be at 15°C or less
[F.No. 2-15015/30/2010]
V.N. GAUR,
Chief Executive Officer
185
MINISTRYOFHEALTHANDFAMILYWELFARE
(Food Safety and StandardsAuthority of India)
Notification
New Delhi, dated the 1st August,
2011
F.No. 2-15015/30/2010 Whereas in exercise of the powers conferred by section clause (e) of sub section (2) of
section 92 read with 16 of Food Safety and Standards Act, 2006 (34 of 2006) the Food Safety and Standards
Authority of India proposes to make Food Safety and Standards Regulations in so far they relates to Food Safety
and Standards (Food Products Standards and Food Additives) Regulations, 2011, and;
Whereas these draft Regulations were published in consolidated form at pages 1 to 776 in the Gazette of
India Extraordinary Part III – Sec. 4 dated 20th October 2010 inviting objections and suggestions from all persons
likely to be affected thereby before the expiry of the period of thirty days from the date on which the copies of the
Gazette containing the said notification were made available to the public;
And whereas the copies of the Gazette were made available to the public on the 21st October 2010;
And whereas objections and suggestions received from the stakeholders within the specified period on the
said draft Regulations have been considered and finalized by the Food Safety and Standards Authority of India.
Now therefore, the Food Safety and Standards Authority of India hereby makes the following Regulations,
namely,— FOOD SAFETYAND STANDARDS (FOOD PRODUCTS STANDARDS AND FOOD ADDITIVES)
REGULATIONS,2011
: Title and
commencement
CHAPTER 1
GENERAL
:These regulations may be called the Food Safety and Standards (Food Products Standards and Food Additives)
Regulations,2011.
: These regulatiionsshall come into force on or after 5
th August, 2011, except the regulations 2.1.7.(1)(2)(3)(4),
2.1.8 (1)(3), 2.1.11 (1)(2), 2.1.12(1), including table 14 ofAppendixAand table 2 of AppendixB which shall come in to force after
six months from that date.
Provided that wherever the standards given in these regulations are at variance with any of the provisions of the
licenses already granted, Food Business Operator shall comply with the provisions of these regulations within six months
from the date of commencement of the regulations.
:Definitions
In these regulations unless the context otherwise requires:
1. BOILED MILK means milk which has been brought to boil.
2. ―De-oiled meal‖ means the residual material left over when oil is extracted by a solvent from any oil-bearing
material;
3. DOUBLE TONED MILK means the product prepared by admixture of cow or buffalo milk or both with fresh
skimmed milk, or by admixture of cow or buffalo milk or both that has been standardised to fat and solids-not-fat
percentage given in the table below in 2.1.1:1 by adjustment of milk solids. It shall be pasteurised and shall show a
negative Phosphatase Test. When fat or dry non-fat milk solids are used, it shall be ensured that the product remains
homogeneous and no deposition of solids takes place on standing.
4. ―Hydrogenation‖ means the process of addition of hydrogen to an edible vegetable oil using a catalyst to
produce a fat with semi-solid consistency;
5. Flavoured Milk, by whatever name called, may contain nuts (whole, fragmented or ground) chocolate, coffee
or any other edible flavour, edible food colours and cane sugar. Flavoured milk shall be pasteurised, sterilised or boiled.
The type of milk shall be mentioned on the label.
183
6. Full Cream Milk means milk or a combination of buffalo or cow milk or a product prepared by combination of
both that has been standardised to fat and solids-not-fat percentage, given in the table below in 2.1.1:1, by
adjustment/addition of milk solids, Full Cream Milk shall be pasteurised. It shall show a negative phosphatase test. It
shall be packed in clean, sound and sanitary containers properly sealed so as to prevent contamination.
7.‗Irradiation‘means any physical procedure, involving the intentional exposure offood to ionizing radiations.
8.‗Irradiation facility‘means any facility which is capable of being utilized fortreatment offood by irradiation.
9. ‗Irradiated food‘ means articles of food subjected to radiation by :—
(i) Gamma Rays;
(ii) X-rays generated from machine sources operated at or below an energy level of 5 million electron
volts; and
(iii) Sub-atomic particles, namely, electrons generated from machine sources operated at or below an
energy level of 10 million electron volts, to dose levels as specified in Schedule I of the Atomic Energy
(Control of Irradiation of Food) Rules 1991.
10. MILK is the normal mammary secretion derived from complete milking of healthy milch animal without
either addition thereto or extraction therefrom unless otherwise provided in these Regulations. It shall be free from
colostrum. Milk of different classes and of different designations shall conform to the standards laid down in the
Table below in2.1.1:1
Total urea content in the milk shall not be more than 700 ppm
11.MIXED MILK means a combination of milk of cow, buffalo,sheep, goat or any other milch animal and may be a
combination of any of these milk which has been made and conforms to the standards given in the table below in
2.1.1:1.
12. MILK PRODUCTS means the products obtained from milk such as cream, malai, curd, skimmed milk curd,
chhanna, skimmed-milk chhanna, cheese, processed cheese, ice-cream, milk ices, condensed milk-sweetened and
unsweetened, condensed skimmed milk-sweetened and unsweetened, milk powder, skimmed milk powder, partly
skimmed milk powder, khoa, infant milk food, table butter and desi butter.
Milk products shall not contain any substance not found in milk unless specified in the standards.
13. ―Margarine‖ means an emulsion of edible oils and fats with water;
14. ‗Operator of irradiation facility‘ means any person appointed as such by licensee who satisfies the
qualifications and requirements as for training specified in Schedule II of the Atomic Energy (Control of Irradiation of
Food)Rules, 1991
15.PASTEURISATION—
The terms ―Pasteurisation‖, ―Pasteurised‖ and similar terms shall be taken to refer to the process of
heating every particle of milk of different classesto at least 630Cand holding atsuch temperature continuously for
at least 30 minutes or heating it to at least 71.50C and holding atsuch temperature continuously for at least 15
seconds or an approved temperature time combination that will serve to give a negative Phosphatase Test.
All pasteurised milk of different classes shall be cooled immediately to a temperature of 100 C, or less
16. RECOMBINED MILK means the homogenised product prepared from milk fat, non-fat-milk solids and
water. Recombined milk shall be pasteurised and shall show a negative Phosphatase test.
17. ―Refined vegetable oil‖ means any vegetable oil which is obtained by expression or solvent extraction of
vegetable oil bearing materials, deacidified with alkali and/or by physical refining and/or by miscella refining using
permitted food grade solvents and/or degumming followed by bleaching with absorbent earth and/or activated carbon
and deodorized with steam without using any other chemical agents
18. ―Refining‖ means a process by which an expressed vegetable oil or a solvent-extracted oil is deacidified—
(i) Withalkali, or
(ii) by physical refining, or both, or
(iii) Bymiscella refining using permitted food grade solvent,followed by bleaching with absorbent earth
and/or activated carbon or both of them and deodorized with steam without using any other chemical agent;
(iv) refining if required may include the process of degumming using phosphoric/citric acid.
184
19. SKIMMED MILK means the product prepared from milk from which almost all the milk fat has been
removedmechanically.
20. STERILISATION :The term ―sterilisation when used in association with milk, means heating milk in sealed
container continuously to a temperature of either 1150 C for 15 minutes or at least 1300 C for a period of one second or
more in a continuous flow and then packed under aseptic condition in hermatically sealed containers to ensure
preservation at room temperature for a period not less than 15 days from the date of manufacture;
21.STANDARDISED MILK means cow milk or buffalo milk or sheep milk or goat milk or a combination of any of
these milk that has been standardised to fat and solids-not-fat percentage given in the table below in 2.1.1:1 by the
adjustment of milk solids. Standardised milk shall be pasteurised and shall show a negative Phosphatase Test.
22. ―Solvent-extracted oil‖ means any vegetable oil obtained from oil-bearing material by the process of
extraction by a solvent;
23. ―Solvent-extracted edible flour‖ meansthe ground material obtained fromspecially prepared deoiled meal, that
is,the residualmaterialleft over when oilis extracted bya solventfromoil cake immediately following the single- pressing
of good quality edible oilseeds;
24.TONED MILK means the product prepared by admixture of cow or buffalo milk or both with fresh skimmed
milk; or by admixture of cow or buffalo milk or both that has been standardised to fat and solids-not-fat percentage
given in the table below in 2.1.1:1 by adjustment of milk solids. It shall be pasteurised and shall show a negative
Phosphatase Test. When fat or dry non-fat-milk solids are used, it shall be ensured that the product remains
homogeneous and no deposition of solids takes place on standing.
25. ―Vegetable oils‖ means oils produced from oilcakes or oilseeds or oil-bearing materials of plant origin and
containing glycerides;
26. ―Vegetable oil product‖ means any product obtained for edible purposes by subjecting one or more edible oils
to any or a combination of any of the processes or operations, namely, refining, blending, hydrogenation or
interesterification and winterization (process by which edible fats and oils are fractioned through cooling), and
includes any other process which may be notified by the Central Government in the official Gazette;