The Food Safety and Standards Act, 2006 — back to Table of Contents
Section 68. Adjudication
For adjudication under this Chapter, the State Government notifies an officer not below the rank of Additional District Magistrate of the district where the alleged offence was committed as the Adjudicating Officer, in the manner prescribed by the Central Government. After giving the person a reasonable opportunity to be heard, and if satisfied that a contravention has been committed, the Adjudicating Officer imposes such penalty as he thinks fit in accordance with the provisions relating to that offence.
The Adjudicating Officer has the powers of a civil court; proceedings before him are deemed judicial proceedings under sections 193 and 228 of the Indian Penal Code, and he is deemed a court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973. In adjudicating the quantum of penalty, he must have due regard to the guidelines specified in section 49.
