Food adultration or substandard food sample
Shubham
(Querist) 20 August 2016
This query is : Resolved
I am a food business operator and a food safety officer took a sample of milk Cream or cream from my dairy,I told them specifically that it's a low fat Cream nd they didn't even served me any notice like form VthA or alike, now I have received a letter or notice from food safety office regarding low fat percentage and presence of cane sugar in the cream for which I am sure that there can not be any kind of cane sugar in th Cream and a far as fat is concerned, I intimated them earlier that it's "low fat" and above all its clearly mentioned on my rate list too which is being hanged on my premises entry gate so I am not cheating anywhere according too FSS regulations 2011 2.1.2
How should I proceed further please suggest.
Will be very thankful
Ms.Usha Kapoor
(Expert) 21 August 2016
Dear XCclient,
If you are innocent of the crime of food adulteration issue a suitable reply to FSO's Notice so that he stops taking any kind of stringent action against you such a safety and standard Authority Act with the commissioner sanction sentence you to 6 months imprisonment or fine or both.
The supreme court also recommended the center that it is high time the Food safety and /standard Authority Act revisit the act and read with IPC section 272 why punishment should not be enhanced to life imprisonment for milk food operators who adulterate milk by mixing dangerous chemicals-in milk business as in the states of West Bengal, UP and Odisha?
Food Safety Officer or Designated officer my take the following steps following notice if he doesn't receive a satisfactory reply from you.:
DESIGNATED OFFICER
DESIGNATED OFFICER
Issue or cancel licence.
Prohibit the sale of any article of food.
Receive report and samples of article of foods.
Recommend to the Commissioner of Food
Safety
for
sanction
to
launch
prosecutions
.
Safety
for
sanction
to
launch
prosecutions
.
Sanction or launch prosecutions.
Maintain record of all inspections made by
Food Safety Officers and action taken by them
in the performance of their duties;
Investigate any complaint.
Other duties.
Guest
(Expert) 21 August 2016
If lab test is relied, action against you can be stringent. So, take help of a local lawyer to present your case in the food safety office to convince them about your story.
Sudhir Kumar, Advocate
(Expert) 21 August 2016
you have to meet lawyer. the facts of your case cannot be appreciated on query here.
adv.bharat @ PUNE
(Expert) 21 August 2016
stringent action against you such a safety and standard Authority Act with the commissioner sanction sentence you to 6 months imprisonment or fine or both.
So, take help of a local lawyer to present your case in the food safety office to convince them about your story.
Rajendra K Goyal
(Expert) 22 August 2016
Casual query without referring full case file may not solve the problem, it is better, discuss with some senior lawyer in the field for guidance and defend you.
Shubham
(Querist) 01 September 2016
Thank you so much everyone.. I will definitely search for a suitable lawyer in the concerned field here only.. but the fact is that in my city there is not an efficient lawyer regarding food safety.. that's why I have posted my query here... Will take your advices seriously..thank you so much once again... :)
