Food Business Operator- Know Your Rights And Responsibilities (Part 2)
Hello friends, I know you all think that I publish this blog earlier than my usual blog posting speed 😁.
So let's continue our previous blog with part 2.
In today's blog, we will talk about the FBO rights and some power of the Food safety inspector that you should know.
So first we should know about the power of the food safety officer
The Power of food safety officers comes under section 38
- He takes the sample from anywhere
- Seize any article of food which appears to be in contravention of this Act or the regulation thereunder
- Keep it in the safe custody of the FBO such article of food after taking samples and send the same for analysis to food analysts
- The food safety officer may enter and inspect any place where the article of food is manufactured, processed, or stored for sale or stored for the manufacture of any other article of food
- The commissioner of food safety may from time to time guidelines with regards to the exercise of the power of FSO which shall be binding provided that the power of FSO may also be revoked for a special period by the commissioner of food safety
Liabilities of food safety officers come under Section 39
- any food safety officer exercising powers under this Act or the rules and regulations made thereunder who-
- (a) Without any responsible ground seize any article of food or adulterant
- (b) Commits any other act to the injury of any person without having reason to believe that such Act is necessary for the execution of his duty. Shall be guilty of an offense under this act and shall be liable to a penalty which may extend to one lakh rupees: Provided that in any case any false complaint is made against an FSO and it is proved so, the complainant shall be guilty of an offense under this act and shall be punished with fine which shall not be less than fifty thousand rupees but may be extended to one lakh rupees.
how to protect FBO their legitimate rights?
- FBO should maintain their proper documentation like safety plan, standard plan, etc. because in any case if a case is filed against FBO by fssai then there is no meaning of a verbal statement the only proof is documentation.
- you can stop the unauthorized entries on your premises and you also ask your security staff to maintain proper visitor register and every fso should make a proper entry in register if he refuses then you may prevent the entry and give a reason of the safety and hazard risk in your premises
- you can take their id photo and record every conversation for future use.
- you should do third-party audits and internal audits on your premises from time to time and keep their documents for future use. there is no harm.
FSO should update from time to time because fssai update their regulations from time to time. so you should visit fssai site and update your business with the fssai standard.