Food Safety and Standards (Amendment) Act, 2008 [Repealed]
[Repealed by Act 23 of 20162]
Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:
Prefatory Note Statement of Objects and Reasons. With a view to consolidate the laws relating to the Food in the country and for laying down science based standards for articles of foods and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for that purpose to establish the Food Safety and Standards Authority of India, Parliament enacted the Food Safety and Standards Act, 2006 (FSS Act).
2. Sub-section (4) of Section 5 of the said FSS Act empowers the Central Government to appoint the Chairperson and Members, other than ex officio Members, of the Food Authority on the recommendations of the Selection Committee. Sub-section (5) of Section 5 of the FSS Act prohibits holding of any other office by the Chairperson and Members of the Food Authority. This provision led to difficulties in constituting the Food Authority.
3. The Central Government was of the view that the Members of the Food Authority may also be appointed on part-time basis since it may not be possible to appoint eminent persons as Members of the Food Authority for the reason that they would be holding some other office or appointment in some industry/organisation which they represent. Therefore, Section 5 of FSS Act has been amended. Section 7(1) of the FSS Act was also amended to take out the Members from the purview of the provisions which restrict the appointment of the Members to a maximum of 62 years of age.
4. As Parliament was not is session and the circumstances existed which rendered it necessary to promulgate the Food Safety and Standards (Amendment) Ordinance, 2008 on 7th February, 2008 so as to expedite the selection and appointment of Chairperson and Members of the Food Authority.
5. The Food Safety and Standards (Amendment) Bill, 2008 seeks to replace the Food Safety and Standards (Amendment) Ordinance, 2008.
Section 1. Short title and commencement
(1) This Act may be called the Food Safety and Standards (Amendment) Act, 2008.
(2) It shall be deemed to have come into force on the 7th day of February, 2008.
Section 2. Amendment of Section 3
In the Food Safety and Standards Act, 2006 (34 of 2006) (hereinafter referred to as the principal Act), in Section 3, in sub-section (1), for clause (ze), the following clause shall be substituted, namely:
(ze) Member includes a part-time Member and the Chairperson of the Food Authority; .
Section 3. Amendment of Section 5
In Section 5 of the principal Act, for sub-sections (4) and (5), the following sub-sections shall be substituted, namely:
(4) The Chairperson and the Members including part-time Members other than the ex officio Members of the Food Authority may be appointed by the Central Government on the recommendations of the Selection Committee.
(5) the Chairperson of the Food Authority shall not hold any other office. .
Section 4. Amendment of Section 7
In Section 7 of the principal Act, in sub-section (1), for the proviso, the following proviso shall be substituted, namely:
Provided that the Chairperson shall not hold office as such after he has attained the age of sixty-five years. .
Section 5. Repeal and saving
(1) The Food Safety and Standards (Amendment) Ordinance, 2008 (Ord. 6 of 2008) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act, as amended by this Act.
1. Received the assent of the President on 28-3-2008 and published in the Gazette of India, Extraordinary, Part II, Section 1.
2. Ed.: Act 13 of 2008 repealed by Act 23 of 2016, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2016: 4. Savings. The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.