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REGISTERED No. D. (D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 4] NEW DELHI, TUESDAY, JANUARY 4, 1977/PAUSA 14, 1898

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF HEALTH AND FAMILY PLANNING

(Department of Health)

NOTIFICATION

New Delhi, the 4th January 1971

G.S.R. 4(E).—Whereas certain draft rules further to amend the Prevention of Food Adulteration Rules, 1955, were published, as required by sub-section (1) of section 23 of the Prevention of Food Adulteration Act, 1954 (37 of 1954) under the notification of the Government of India, in the Ministry of Health and Family Planning (Department of Health), No GSR 430(E), dated the 24th June, 1976 at pages 1425-1427 of the Gazette of India, Part II, Section 3, Sub-section (1), dated the 24th June, 1976, inviting objections and suggestions from all persons likely to be affected thereby before the expiry of 35 days from the date on which the copies of the Gazette of India in which the said notification was published were made available to the public,

And whereas the copies of the said Gazette were made available to the public on the 1st July, 1976,

And whereas the objections and suggestions received from the public on the said draft rules have been considered by the Central Government;

( 9)

Now, therefore, in exercise of the powers conferred by sub-section (1) of sec- tion 23 of the said Act, the Central Government, after consultation with the Central Committee foi Food Standards, hereby makes the following rules further to amend the Prevention of Food Adulteration Rules, 1955, namely

1. (1) These rules may be called the Prevention of Food Adulteration (First Amendment) Rules, 1S77.

(11) They shall come into force on the date of their publication in the Official Gazette.

2 In the Prevention of Food Adulteration Rules, 1955—-

(I) in rule 7, for sub-rule (3) the following sub-rules shall be substituted namely. —

"(3) The public analyst shall, wilhin a period of forty-five days from the date of receipt of any sample for analysis, deliver to the Local (Health) Authority a report of the result of such analysis in Form III.

Provided that where any such sample does nol conform to the provisions of the Act or thesei rules, the public analyst shall deliver four copies of such report to 1he said Authority

Provided further that the public analyst shall forward a copy of such report elso to the person who purchased an article; of food and forwarded the same to him for analysis under section 12 of the Act";

(fl) in rule 9, clause (j) shall be omitted,

(ill) after rule 9, the following rule shall be inserted, namely —

"9A. Local (Health) Authority to send re-port to person concerned—The Local (Health) Authority shall immediately after the instituiion of prosecution forward a copy ot the report oi' the result of analysis in Form III delivered to him under sub-rule (3) of rule 7, by registered post or by hand, as may be appropriate, to the person, from whom the sample of the article was taken by the Food Inspector, and simultaneously also to the person, if any, whose name, address and other particulars has been disclosed under section 14A of the Act:

Provided that where the sample conforms to the provisions of the Act or the rules made thereunder, and no prosecution Is Intended under sub-section (2), or no action is intended under sub-section (2E) of section 13 of the Act. the local (Health) Authority shall intimate the result to the Vendor from whom the sample has been taken and also to the person, whose name, address and other particulars have been disclosed under section 14A of the Act, within 10 days from the receipt of the report from the Public Analyst";

(iv) for rule 12, the following rule shall be substituted namely:—

"12. Notice of intention to take samvle for analysts —When a Food Inspector takes a sample of an article for the purpose o3 analvsis, he shall give notice of his intention to do so in writing in Form Vtf, then and there, to the person from whom he takes the sample and simultaneously, by appropriate means also to the persons If any, whose name, address and other particulars have been dis- closed under section 14A of the Act.";

(v) after rule 12A, the following rules shall be inserted, namely: —

"12B Form of nomination of Director or Manager and his consent, under section 17 — (1) A company may inform the Local (Health) Authority of the concerned local area, by notice In duplicate, in Form VIII containing the name and address of the Director or Manager, who has been nominated bv it under sub-section (2> of section 17 of the Act to be in charge of, and responsible to, the com- pany for the conduct of the business of the company or any establish- ment, Branch or Unit thereof'

Provided that no such nomination shall be valid unless the Director or ManageV who has been so nominated, gives his cosent in writing

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find has affixed hit, signature, in Form VIII in duplicate in token of such consent

(2) The Local (Health) Authority shall sign and return one copy of the notice in Form VIII to the company to signify the receipt of the nomination and retain the second copy in his office for record

12C Vendor to disclose name and address of Director /Manager In certain circumstances —Every vendor of an article of food shall disclose the name and address of the Director or Manager, as the case may be, nominated in. Form VIII under rule 12B to a purchaser who mtorms such vendor of his intention of purchasing any such article from him for analysis by a public analyst under section 12 of the Act ",

(vi) in rule 16, clause (c) shall be renumbered as clause (d) and before clause (d), as so renumbered, the following clause shall be Inserted namely —

"(c) A paper slip of the size that goes round completely from the bottom to top of the container, bearing the signature and code and serial number of the Local (Health) Authority, shall be panted on the wrapper, the signature or the thumb impression of the person from whom the sample has been taken being affixed in such e manner that the paper slip and the wrapper both carry a part of the signature or thumb impression-

Provided that in case, the person from whom the sample has been taken refuses to affix his signature or thumb impression, the signature or thumb impression of the witness shall be taken in the same manner;

(vii) for rule 17, the following rule shall be substituted, namely;

"17. Manner of despatching containers of samples —The containers of the samples shall be despatched in the following manner, namely: — (a) The sealed container of one part of the sample for analysis and a memorandum in Form VII shall be sent in a sealed packet to the public analyst immediately but not later than the succeeding work- ing day by any suitable means

(b) The sealed containers of the remaining two parts of the sample and two copies of the memoranda in Form VII shall be sent in a sealed packet to the local (Health) Authority immediately but not later than the succeeding working day by any suitable means:

Provided that in the case of a sample of food which has been taken from container bearing Agmark seal, the memorandum in Form VII shall contain the following additional Information, namely.—

(a) Grade (b) Agmark label No,/Batch No, (c) Name of packing station";

(viii) in rule 50, after sub-rule (IA), the following sub-rule shall bd inserted, namely:—•

"(IB) The name and address of the Director or Manager, as the case may be, nominated by the company under rule 12B shall be mentioned in the licence".

FORM VIII

(See rule 12B)

NOMINATION OF PERSONS BY A COMPANY

Notice is hereby given that Shn/Smt

(name of the company) has been Director/Manager of the nominated bv the company bv a Resolution passed at their meeting held o n . . .. at to be an charge of, and responsible to. the said company for the conduct of the business of the said company or

estftblishment/branch/unit thereof and authorised to exercise all such powers and take all suoh steps as may be necessary or expedient to prevent the commission by the said company of any offence under the Prevention of Food Adulteration Act, 1954.

A certified copy of the said Resolution is enclosed.

Place Managing Director/Secretary of Date

(name of the company) (NOTE: Score out the portion in italics if not apphcableO

I accept the above nomination in pursuance of sub-section (2) of section 17 of the Prevention of Food Adulteration Act, 1954 and rule 12B of the rule* made thereunder

Signature of Director/Manager Place Date

I hereby acknowledge receipt of the above nomination

place Signature of the Local (Health) Authority Date

[No. P. 15014/5/76-PH (F&N) ]

SHRAVAN KUMAR, Jt Secy

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