¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 26, 2020/¡òɱMÉÖxÉ 7, ¶ÉEäò 1941

1

L. A. BILL No. VI OF 2020.

A BILL

further to amend the Food Safety and Standards Act, 2006,

in its application to the State of Maharashtra.

WHEREAS it is expedient further to amend the Food Safety and Standards

Act, 2006, in its application to the State of Maharashtra, for the purposes

hereinafter appearing; it is hereby enacted in the

Seventy-first Year of

the Republic of India as follows :—

1.

This Act may be called the Food Safety and Standards (Maharashtra

Amendment) Act, 2020.

2.

In section 32 of the Food Safety and Standards Act, 2006, in its

application to the State of Maharashtra (hereinafter referred to as “ the

Short title.

Amendment

of section 32

of Act 34 of

2006.

34 of

2006.

34 of

2006.

¦ÉÉMÉ +É`ö-14----1

(1)

RNI No. MAHENG /2009/35528

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ

+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

´É¹ÉÇ 6, +ÆEòú 7(2)]

¤ÉÖvÉ´ÉÉ®ú, ¡äò¥ÉÖ´ÉÉ®úÒ 26, 2020/¡òɱMÉÖxÉ 7, ¶ÉEäò 1941

[{ÉÞ¹`ä 3, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 14

|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ

¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É

xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation

in English of the Food Safety and Standards (Maharashtra Amendment) Bill, 2020 (L. A. Bill

No. VI of 2020), introduced in the Maharashtra Legislative Assembly on the 26th February 2020,

is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

Secretary (Legislation) to Government,

Law and Judiciary Department.

—————————

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 26, 2020/¡òɱMÉÖxÉ 7, ¶ÉEäò 1941

2

principal Act ”), in sub-section (4), the words “whose decision thereon, shall

be final ” shall be deleted.

3.

After section 32 of the principal Act, the following section shall

be inserted, namely :—

“ 32A. Any person aggrieved by an order of the Commissioner

of Food Safety under sub-section (4) of section 32, may file an appeal

to the State Government, within thirty days from the date of order;

and the decision of the State Government in such appeal shall be final.

The

provisions of section 5 of the Limitation Act, 1963 shall, mutatis mutandis,

apply to such appeal. ”.

Appeal to

Government.

Insertion of

a new

section 32A

in Act 34 of

2006.

36

of 1963.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, ¡äò¥ÉÖ´ÉÉ®úÒ 26, 2020/¡òɱMÉÖxÉ 7, ¶ÉEäò 1941

3

STATEMENT OF OBJECTS AND REASONS

The Food Safety and Standards Act, 2006 (34 of 2006) is enacted

to regulate the manufacture, storage, distribution, sale and import of

food. The said Act provides for the standards for food, prohibits

manufacture, sale or distribution of misbranded, adulterated and

substandard food, regulates manufacture, sale or distribution of food

of standard quality under license issued thereunder and provides for

punishment for violation of the provisions of the Act and Rules and

Regulations framed thereunder.

2.

Section 31 of the said Act provides for the licensing authority,

forms, terms and conditions etc. in respect of licenses for manufacture,

sale, storage and distribution of food. Food Business Operators are

given sufficient time to comply with an improvement notice and failing

such compliance the licences are suspended or cancelled by the licensing

authorities.

Regulations 2.1.1, 2.1.2, 2.1.8 and 2.1.12 of the Food Safety and

Standards (Licensing and Registration of Food Businesses) Regulations,

2011 made under the said Act provides for cancellation or suspension

of above referred licenses by the licensing authorities if, in their opinion

the licensee has failed to comply with any of the conditions of any

provisions of the Act or Rules framed thereunder.

3.

Clause (c) of sub-section (4) of section 32 of the said Act provides

for appeal against an order of cancellation or suspension or revocation

of license to the Commissioner of Food Safety. However, the said Act

does not contain any provision for appeal against the order of the

Commissioner of Food Safety in such appeal.

To ensure that the aggrieved persons gets an additional opportunity

to appeal against the order of cancellation or suspension or revocation

of license, it is considered expedient to provide for second appeal

to the State Government. It is, therefore, considered expedient to insert

a new section 32A in the said Act, in its application to the State

of Maharashtra.

4.

The Bill seeks to achieve the above objectives.

Mumbai,

RAJENDRA SHINGANE,

dated the 17th February, 2020.

Minister (Food and Drugs).

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI

400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : DIRECTOR RUPENDRA DINESH MORE.