The Food Safety and Standards Act, 2006 — back to Table of Contents
Section 38. Powers of Food Safety Officer
A Food Safety Officer may take samples of food intended for sale or found on inspected premises for evidentiary purposes, or seize contravening food and keep it in the safe custody of the operator (who may be required to execute a bond), sending samples for analysis to the local Food Analyst. He may enter and inspect any place where food or adulterants are manufactured, stored, exposed or kept, and take samples for analysis; the person from whom a sample is taken must be paid its retail cost.
Perishable seized food that has deteriorated may be destroyed after written notice to the operator. Entry and inspection must follow, as far as possible, the Code of Criminal Procedure provisions on search by a police officer. Unaccounted-for adulterants and relevant books of account or documents may be seized (the latter only with the approval of the officer’s superior), with copies to be returned within thirty days after certification; the burden of proving a seized adulterant was not meant for adulteration lies on the person from whom it was seized. Witnesses must be called and their signatures taken for actions under this section, and the Commissioner of Food Safety may issue binding guidelines on, or revoke for a period, the exercise of these powers.
