8 ‘THE GAZETTE OF INDIA : EXTRAORDINARY. [Pans Il—See. 30] MINISTRY OF HEALTH AND FAMILY WELFARE @epartment of Health and Family Welfare) NOTIFICATION New Dethi, the 16th Jamuary, 2023 GSR. 33{E).—Whereas in exercise of the powers conferred by section 91 of Food Safety and Standards ‘Act, 2006 (4 of 2006), the draft of certain rules, namely, the Food Safety and Standards (First Amendment) Rules, 2020, was published vide notification of the Govemment, of India, Ministry of Health and Family Welfare vide unaber G-S.R. S35(E), dated the 27th August, 2020, in the Gazette of India, Eeirsordinary, Part I, Section 3, Sub- section (i), inviting objections and suggestions fram persons likcly to be affected thereby, within a period of thiry days from the date on which the copies of the Oficial Gazette containing the said notification were made available 10 the publics ‘And whereas the copies of the said Official Gazette were made av 2020: lable w the public om the 27th August, And whtoreas the objections and suggestions received from the public in respect of the said draft regutations have been considered by the Central Government Now, therefore, in exercise af the powers conferred by section 91 of the said Act, the Central Government hereby makes the following rules further to umand the Food Safety and Standards Rules, 2011, namely: |. C1) These niles may be called the Food Safety and Standards (Firse Amendment) Rules, 2022, (2) They shall come inte the foree on the date of their publication in the Official Gazette, 2. In the Food Safety and Standards Rules, 201 (hereinafter to be referred as he ssid rales), in ule 2.1, - 1. in sub-rule 2.1.2 relating to "Designated Officer’, (a) inclause 1 relating to qual ficatir (0) for sub-clause (i), the following clause shall he substiouted, namely: ~ (i) The Designated Officer shall be a whale time Officer, not below the rank of Sub-Divisional Office? or equivalent and shall possess a Buekelor’s or Master's or Doctorate degree in Seience with chemistry 25 one of the subjects or shall possesses at feast one of the educational qualifications preseribed for the Food Safety Officers under these rules or who has possessing not less than five years of experience as Food Safety Officers or has not less than seven years combined experience as Food Safety Officer and Food inspector of which minimum four years az Food Safety Officer after commncement of the Food Safety and Standards Act Provided that the Commissioner of Food Safety may with the previous approval of the State Goverment, confer 4 Sub-Divisional Officer of the area, additional charge 2s Designated Officer for same period as may be specified by the Food Authority Provided further thot the Chief Executive Officer may confer any officer of the Central Government with additional charge as Designated Officer for the area outside th jurisdiction of State Government o- Union teritory Government” (Gi) sub-clause (a) shall be omited; (ii) in sub-clause | the proviso shall be omitted: {vin sub-clause (if), in item (a), after the words “as Local Health Authority”, the words “or app: Food Safety Officer having qualification prescribed under these niles” shall be inserted; nied as (by in clause 2 relating to powers and duties, the sub-clause (iia) shall be omitted (2hin sub-rule 2.1.3 relating to “Food Safety Officer’ =fart err 34) ore Tra: HATTER 9 (ain clause | rolating to qualifieatio 1. forsub-clause (i), the following shall be substitutes), namely:= ii, imsub-clause (ii), for the words “notified by the Central Government,” the words “notified by the Food Authority with the prior approval of the Central Government." shall be substituted, {b) in elouse 4 relating to powers and duttes, in sub-elause (ii), after item (d), the following sub-clause shall be inserted, namely: ~ *4ld) exemine the label of any article of food to be sent for analysis in accordance with the requirements of labelling, advertisement and claims as specified in the regulations made under the Food Safety and Standards ‘Act and send the report of non-compliance, if found, to the Designated officer for scrutiny so as t0 take further proceedings as per the provisions of the Food Safety and Standards Act, or rules made thereunder.” (3) in sub-cule 2.1.4 relating to ‘Food Analyst’, in clause | relating to qualifieation, for sub-clause (i), the following. shall be substituted, namely:- “{i) holds a Bachelor's or Master's or Doctorate degree in Chemistry or Biochemistry or mierobiology oF Dairy Chemisty or Agriculture Science or Animal Seience or Fisheries Science or Biotechnology oF Food safety. of Food Technology, Foad and Nutrition or Dairy Technology of Oil Technology or Veterinary Sciences froma university established in India by law er is an associate of the Institution of Chemists (India) by examination in the section of Food Analysts conducted by the Institution of Chemists ndia) or any other equivalent qualification notified by the Food Authority with the prior approval of the Central Goverment and has not less than three years” experience in the analysis of food; and” (4) In the said rales, in rule? relati to ‘Sampling and analysis, (a) insub-rule 2.4,| relating to Procechie for taking sample and mannce of sending it for analysis, - (i) alter clause 7, the following clause shall be inserted “3(a) Mask all the information relating to the Food Business Operator in the label of the sample including bbrand or trade nameand bar code suitably and provide a code number.” (i) im clause 8, after the words “containing the samples” the words “and prepackaged samples” shal be inserted {GidFin clause 9, after sub-clause (i), the following provisa shall be inserted, namely, ~ “Provided that, in case of samples drawn for microbiological analysis, surveillance, import clearance, investigation of -comptaint and food safely emergency resporse, the requirement of four pants of a simples shall not apply and number af parts of a samples for such condition shall he as specified in the following Table TABLE, [S.No. [Condition of sampling lumber of paris of samples r ierobiological analysis specified in Appendix B of Food Safely and Standards (Food| oducts Standards and Food Additives) Regulations, 2011 a Surveillance ‘As per the surveillance plan by the Food Authority or State Food| E import clearance ‘As specified in the Pood Safely and Standards (Food import egulations, 2017, la jFood saflery emergency incidents Ss ‘Any other enses reasons along with the evidence to be recorded in writing” i ak aia Ss10 __THE GAZETTE OF INDIA: EXTRAORDINARY _[Panr te 3] (6) insub-rule 24.2, {ive clause (2}for “Cental State Government,” the words “ Food Authoriyhall be substituted. (Mor elouse 7, the following shall be substituted, namely "7, The manual ofthe method of analysis, as amended or adopted by the Authority from time to time, shall be used Tor analysing the samples of food articles, povided that in case the method for analysing any parameter is not available in the manual, the Food Laboratory thay adopt a validated method of analysis preseribed by AOACY Intemational Grganication for Standardisation (180) / Pearson's! Jacob’ Intemational Union of Pure and Applisd Chemistry’ Food Chemicals CODEX/ Bureau of Indian Standards! Woodmen! Winton- Winton’ Joslyn or any other imernationally recognized regulatory agencies {3) in sub-rule 2.4.6 relating to Appeat to the Designated Officer, after clause 2, the following clause shall be inserted, namely: - "3, The centficate of analysis in the Form XI duly signed by the Director of the Referral Laboratory shall be orwarded within fourteen days of receipt of sample Provided that in case the Referral Laboratory is unable 10 analyse the simple ‘within fourteen days of its feeeipt, the Referral Laboratory shall inform the Designated Officer and the Commissioner of Food Safety giving reasons and specifying the time to be laken for analysis.” 16) for Form VA the following Form shall be substituted, namely: “FORM VA (See nile 2.4.1.3) Form of Notice 1 the Food Business Operator Dea Sil Madame poe Thave this day taken the samples of food from premises/shop/markelat sn... specified below ta have the same analyscd by the Food Analyst fer Details of food: Batch number if available: rameter to he tested: |. As per the Food Safety and Standards Authority of India Standards for the spex 2. Any additional test to be performed if any je products Place: (Sd!) Food Safety Officer! Date: Authorized Officer. Address: Acknowledgement: Sign of Food Business Operator Witnesses Witnesses”(Art Laer 34) re a aT = TUTE i (2) foe Form V1, the following Form shall be substituted, namely:- “FORM VI (See rule 24.101 ‘MEMORANDUM TO FOOD ANALYST rir crosses Date: To Food Analyst MEMORANDUM. (See rule 24,111) 1. The sample specified below is being forwarded herewith for analysis under __ of __ of section _of Food Safety and Standards Act, 2006 (34-0f 2006). Code Number i) Date of collection ine, Nature of articles subsnilted for analysis (iv) Name, Nature ane quantity of preservative, if any, added ¥ the sample, (viquamtity and number af sample (vi) Special request with ceason (oiijany additional relewaie information (viii) Parameter to be tested {a) As por the Rood Safety and Standards Authority of India, Standards forthe specific products (b) Any additionst test to be performed if any er impression of the seal used to scul th: packet of sample are being forwarded nd delivery (strike out whichever isnot applicable) e (Sa) Food Safety Officer Address: 2..A copy of this memo and spec separately by post ar courier or hi Address.” (8) for Form VILA, the following Form shall be substitted, namely = *Form VILA Report of the Food Analyst [ See nile 24.2(5) and 2.4.4 (6)] Report No. . Cemtified that | {oanie of the Food Analyst) duly appeinted under the provisions of Food Safety and Standards Act, 2006 (34 of 2006), for ___ (name of the local area) received from +a sample of __ | bearing Code number and Serial Number of Designated Officer of __arca* on date of receipt of sample) for analy ‘The condition of seals on the container and the auter covering on receipt was as follows: 1 found ihe sample io be (category of the sample} filling vader Regulation No___ of 1 sample **was in a condition ‘it for analysis and has been analysed on (give date of starting and completion of analysis) and the result of iis analysis is given below/** was not in a condition fit for analysis forthe reason given telow: Reasons: Analysis report (i) Sample Deseription Physical Appearancea 12 [Parr Src. 30] SUNO. [Quality charscterities|Natore of [Reval Prescribed standards as per method of test used a. AS per provisions of the Act, and the rules and regulations made thereunder bAsper label declaration for proprisiary food i z 3 7 5 6 pinion Signed this___day of 20 (Sd) Food Analyst Address; * Give the details of the sonders ** Strike ou whichever is not applicable ***\hen opinion and interpretation are included, document the basis upon which the opinions or interpretat have been made. ni (9) Affer Form X. the following Form shall be inserted, namely:= “FORM XI (See rule24.6(3)) (CERTIFICATE OF ANALYSIS BY THE REFERRAL FOOD LABORATORY Cerificate No. .... ae (Certifisate that the sample , bearing number .....purponting to be a sampleiot was received on. with Memorandum NO, sosiie DUGA sssereeson FROM yssvscs [Name of the Court]... for analysis. Th af ‘seals on the container and the outer covering on the cecipt was as follows: (name of the Direcior)_.. found the sample 00 be oo. -e-o-ssne (Category of food sample) . falling under Regulation No... of Food Safety and Standards(Food Products and Food Additive) Regulations, 2011, The sample was in a condition fit for analysis and has been analyzed on : (Give date of siarting and completion of analysis) ‘nd the result of its analysis is given below /*¥as ‘ot in @ condition fl for analysis for the reasons given below: — Reason: — Analysis Report: 4G) Sample Description: —...... sane LRU a FE aC (dip Physical Appearance: ec tense ee oe ii) Label: — oe ceria centr consear tas rene UT TET 3 SIN. [Quality Charactensties Tharacterisies ue of the Method of the test vsed Real [Prescribed Standards as per:- (a) As per Food Safety and Standards (Food Products and Fe \dditive) Regulations, 2011 (6) As per label declaration for proprietary aads (e)As per the provisions of the Act and Regulations, for both above 2 6 Opinion ** Place: (Signaturey Date: Direstor Referral Food Laboratory (Seal) * Strike out whichever is not applicable. + When opinion and interpretation are inluded, document the bails upon which the opinionsinterpretations have ‘been made. E {F. No.P.15025/152019-FR] Dt. MANDBEP K. BHANDARI, Jt Secy. ‘Note The principal rules were published in the Gazette of India, Exiraordinary, Part-I, Section 3, Subssection (3), Vide notification number GSR. 362(E), dated the Sth May, 2011 and last amended vide notification numberG.S.R. 1SE6(E), dated the 13th Becember, 2017, ‘Uplsased by Die, oF Printing st Goverment a tadia Prost Ring Road, Mayapari, New Delhi-1 10064 and Published by the Conillee of Publications, Delhi-I 10954, ALOK KUMAR.Office of the Commissioner uf ¢ R.No.1534/2023/89/FSSA Saiety and Drug Adminsstrasticn Chennai - 600 G06 Dated: 10.03.2023 CIRCULAR Kind attention of all Designated Officers and Food Safety Officers ‘The Ministry of Health and Family Welfare, Central Government nad issued official Gazette Notification and published the Food Safety and Standards (First Amendment) Rules 2020. It was published 0n16.01.202% They shall came in to force on the date of their publication in the official Gazette Some Rules are omitted and some new Rules are inserted in the Food Safety and Standards (First Amendment) Rules 2020. Particularly the powers and duties of Food Safety Officers Rule 2.1.3(4)(ii)(dd) newly inserted. {aa} examine the label of any article of food to be sent for analysis in accordance with the requirements of iabelling, advertisement and claims as specified in the regulation made under the Food Safety and ‘Standards Act and send the report of non-compliance. If found, to the Designated Officer for serutiny so as to take further proceedings as per the provisions of the Food Safety and Standards Act, or Rules made thereunder". 1 2, Accordingly the Food Safety Officer shall examine the label of any article er for of food, if any non-compliance found, report to the Designated Offic further proceedings. 3. Sampling and Analysi Rule 2.4. 1(7}{a) newly inserted. *7(a) Mask all the information relating te the Food Business Operator in the label of the sample including brand or trade name and bar code suitably and provide a code number". ‘Accordingly the Food Safety Officer while taking sample the above procedure shall be followed scrupulousty. | The Food Safety Olficer should mask the Food Business Operator particulars in the label including brand or trade name before sending the sample to Food Analysis Laboratory, Further he shoukt provide anumber to the sample; the Food Safety Officer should maintain a register for providing a code number pursuance of above said Rule. 6. The Food Analyst should ignore the sample if any violation of Rule 2.4.1(7)la) 7. The Food Safety Officers shall issue Form-VA and VI in prescribed format in the Amendment Rules, 8. The Food Analyst shall issue Analysis report in the preseribed format of Form-' as mentioned in the Amendment Rules. 9. Form-X1 has newly introduced for report of Referral Food Laboratory. tt has label particulars. While sending one part of sample to Referral Faod Laboratory the Rule 2.4.1(7}{a) no need to be followed. 10. All other amendment also to be strictly adhered by the Food Safewy Officials. it will be viewed seriously. 2 rol Gare MISSIONER OF FOOD SAFETY 11, Ifthere is any violati To All Designated Officers. x All Food Analysis Laboratories. All Food Safety Officers (Through the Designated Officer).