Food safety officer
Guest
(Querist) 13 September 2012
This query is : Resolved
Dear Respected members:
Does the Food Safety Officer have the right to inspect the factory apart from collecting food samples? If yes, under what circumstances?
R.K Nanda
(Expert) 13 September 2012
state full facts.
Guest
(Querist) 15 September 2012
The facts are as follows:
The Food Safety Officer visits one of my friends' food business unit engaged in selling samosa, pakora, sweetmeats, south Indian food, etc. He doesn't collect samples of food, but instead demands that the 'kitchen' where the foodstuff is being prepared has to be shifted from the 1st floor to the ground floor. The officer also makes certain specifications as to how the 'kitchen' should be constructed. He grants time of 60 days for the same.
The crux of the matter is that the property from where this food business unit is being run is under litigation, wherein my friend is the defendant. The case was dismissed in the Civil Court (Senior Division) just a few days' back and the plaintiff's side is contemplating moving the Gauhati High Court. The whole episode of litigation was narrated to the officer but he refused to listen....
I simply want to know if the action of the Food Safety Officer is justified under the law and what sort of legal consequences my friend may have to face if he does not comply with the instructions of the said officer?
Guest
(Expert) 15 September 2012
Food Safety and Standards Act and regulations theron do not grant any exemption to the manufacturer due to his personal litigation problem with the landlord. The set standards have to be observed meticulously.
Sudhir Kumar, Advocate
(Expert) 15 September 2012
You are perhaps confusing the title of premises and business liability for the trade committed on the premises
Guest
(Querist) 15 September 2012
Further clarification:
The property in dispute is a two-storied RCC building and the the dispute is between the co-owners of the building NOT the business. If my friend shifts the 'kitchen' as per the instruction of the Food Safety Officer there is every probability that the other co-owners would object.
Moreover, I simply want to know what authority does a Food Safety Officer have as regards asking the food business operator to shift his 'kitchen' when there isn't any complaint of the foodstuff??
Sudhir Kumar, Advocate
(Expert) 15 September 2012
Please consult Food Safety and Standards Act.
Has such directions been given in writing
Such power may be with the Commissioner.
