ANSWER
THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND
FAMILY WELFARE
(DR. BHARATI PRAVIN PAWAR)
(a): Food Safety and Standards Authority of India has informed that the quality and safety parameters of food products have been prescribed under various Food Safety and Standards Regulations made under Food Safety and Standards (FSS) Act, 2006. FSS Act, 2006, Rules and Regulations made there under have been implemented throughout the country and are enforced by the Food Safety Departments of the States/UTs in order to ensure availability of safe and wholesome food in the country.
All Food Business Operators (FBO) doing any kind of food business as defined under Section 3 (1) (n) of the FSS Act, 2006 w.r.t the foods defined under Section 3 (1) (j) of FSS Act, 2006, have to comply with the provisions of FSS Act, 2006, Rules and Regulations made there under.
Further, Section 26 of the FSS Act, 2006 states that every food business operator shall ensure that the articles of food satisfy the requirements of this Act and the rules and regulations made there under at all stages of production, processing, import, distribution and sale within the businesses under his control. The liability of manufacturer has been fixed under Section 27 (1) of FSS Act, 2006, which states that 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 there under.
(b) & (c): The implementation and enforcement of provisions of FSS Act, 2006, Rules and Regulations made there under primarily lies with States/UTs.
To check the compliance of the provisions of FSS Act, 2006, Rules and Regulations made there under, regular surveillance, monitoring, inspections and random sampling of both packed and un-packed food products are carried out by food safety officers of States/UTs. The samples of food are sent for analysis in the food laboratories notified by FSSAI to ascertain its compliance. In cases where samples are found not conforming with the provisions of the Act and the Rules and Regulations made there under, penal action is initiated under the provisions of the FSS Act, 2006.
(d): As per details received from States/UTs, including Uttar Pradesh and Rajasthan, State/UT wise consolidated report on food samples analyzed, found non- conforming and action taken against the defaulting Food Business Operators for the year 2020-21 is enclosed at Annexure.
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