Worm in goodday biscuit
Adv Vikramsinh Mohite
(Querist) 13 October 2014
This query is : Resolved
Dear Sirs,
One of my friends found a work in a Godday Biscuit. He went to the police station for filing complaint. Police were asking under which Act and Section to register the complaint.
Kindly advise as to under which act criminal complaint can be registered in this case.
Thanks
Guest
(Expert) 13 October 2014
A Food shall be deemed Adulterated if it bears or contains any Poisonous Or Deleterious substance which may render it injurious to health.Act no 49 of 1964 Sec 12 of 1965,Act no 34 of 1976 sec 17,Sec 20 AA Application of Probation of Offenders Act 1958 and Sec 360 of Code of Criminal Procedure 1973. Please.
Anirudh
(Expert) 14 October 2014
Dear Mr.Vikramsinh,
The police have no role to play in this matter. You have to approach the Designated Officer in your area, under the Food Safety and Standards Act, 2006 to make the complaint in writing. The relevant provisions of Food Safety and Standards Act, 2006 are as under:
Food Safety and Standards Act, 2006.
Section 3 - Definition
(zz) “unsafe food” means an article of food whose nature, substance or quality is so affected as to render it injurious to health :—
(i) …
(ix) by the article having been infected or infested with worms, weevils, or insects;
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.
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 in-charge 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 :—
…
(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;
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 a nalysed 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.
V R SHROFF
(Expert) 14 October 2014
Mr. Mohite,
check the packing,
note where it was manufactured.
complaint to FDA
[Food & Drug Administration]
For Mumbai, the office is located at Bandra East.
They will do the needful
chk Batch No, \Mfg date ,location. even can directly approach mfg unit.
Britannia biscuits mfg it since 1986
Usually many try false complaints, and their mfg units are of high std.
However, the consumer cell will handle the complaints. can write then directly.
Pl write to improve std , to enhance health of gen public. As mfg will take further precautions..
FDA is LICENSING AUTHORITY, HAVE POWER TO IMMDIATELT STOP THE PRODUCTION..
Guest
(Expert) 14 October 2014
Dear Author, Police has got the Right to initiate action for a Simple Reason that The Product Should not Cause Damage to the Life of Public irrespective of Formalities and Procedures.
Sudhir Kumar, Advocate
(Expert) 16 October 2014
agreed with Mr Anirudh and also with Mr NJS Rajkumar. PFA Act only adds to the law and does not repeal IPC provisions.
Anirudh
(Expert) 16 October 2014
Dear Mr. Sudhir,
I am curious to know, which IPC provision gets attracted in the given situation. (Needless to say, it is for my personal knowledge updation).
Guest
(Expert) 16 October 2014
Dear Author,IPC Section 272/ 273 sale of Noxious Food Or Drink and IPC Sec 336 Endangering Life or Personal Safety of others
T. Kalaiselvan, Advocate
(Expert) 18 October 2014
The remedy for the subject issue has been thoroughly explained by expert Mr. Anirudh, in my opinion, that will be the proper approach if you are in real need of relief. For further issues, you may consult a local lawyer , discuss and proceed as per his further advise.
Guest
(Expert) 19 October 2014
Dear Author,Your Goodself being an Advocate If Police refuses to initiate and Register the Complaint you could forward the same to the Superiors
