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FSSAI limits role of SFSOs in regulation of Centrally licensed FBOs
Saturday, 24 July, 2021, 08 : 00 AM [IST]
Ashwani Maindola, New Delhi
In a major decision, the food regulator has decided to limit the role of State Food Safety Officers in regulation of Centrally licensed FBOs and directed that all the inspections of Centrally licensed food businesses shall be carried out by the Central Food Safety Officers (CFSOs).

The Food Safety and Standards Authority of India (FSSAI) has issued a direction for enforcement of the FSS Act, rules and regulations for Centrally licensed FBOs, recently.

 “The state FSOs shall provide all the feasible assistance to the CFSO concerned in this regard,” reads the direction.  

The directions detailed that the inspection of an FBO having Central licence may be done by the state FSO in emergency matters or to investigate food safety incidents or on the request of concerned Central Licensing Authority or Regional Director of FSSAI.

Further, the direction added that the initial report of such an action by the state FSO shall be provided to the CLA while the CFSOs will take over the case thereafter.

The direction says, “In such cases of inspection of the Centrally licensed premises by the State FSOs, the inspection report shall be submitted to the concerned CLA and further action on the same shall be taken by the concerned CLA as per provisions of the FSS Act.”

Also, in case of samples taken by the state FSO from the Centrally licensed FBO, the consequent action after the submission of lab report, shall be carried out by Central Licensing Authority while the State FSO or Designated Officers shall provide all the records to the CLA related to the case/incident and ‘all assistance’ to the CLA.

The direction, however, says that procedures for adjudication and prosecution shall remain unchanged.

“The mechanism for both state and Centrally licensed units shall continue to be the same i.e. Adjudicating Officers appointed by the State and Food Safety Appellate Tribunals established by the respective State Governments. This also applies to the instances wherein other Central government officials are entrusted with the responsibilities of CLA/CFSO such as Railways, sea ports and airports,” the direction reads.
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