Topic: Section 23. Power of the Central Government to make rules

(1) The Central Government may, after consultation with the Committee and after previous publication by notification in the Official Gazette, make rules to carry out the provisions of ‘this Act:

Provided that consultation with the Committee may be dispensed with if the Central Government is of the opinion that circumstances have arisen which render it necessary to make rules without such consultation, but in such a case, the Committee shall be consulted within six months of the making of the rules and the Central Government shall take into consideration any suggestions which the Committee may make in relation to the amendment, of the said rules.]

2[(1-A) 3[in particular arid without particular and without prejudice to the generality of the foregoing power, such rules may provide lot- all or any of the following matters, namely:]

(a) Specifying the article of food or classes of’ food for the import of which a licence is required] and prescribing the form and Conditions of’ such licence, the authority empowered to issue the same, 4[the fees payable therefor, the deposit of any sum as security for the performance of the conditions of the licence and the circumstances under which such licence or security may be cancelled or forfeited]:

(b) Defining the standards of quality for, and fixing the limits of variability permissible in respect of, any article of food:

(c) Laying down special provisions for imposing rigorous control over the production, distribution and sale of any article or class of articles of food which the Central Government may, by notification in the Official Gazette, specify in this behalf including registration of the premises where they are manufactured, maintenance of the premises in a sanitary condition and maintenance of the healthy state of human beings associated with the production, distribution and sale of such article or class or articles;

(d) Restricting the packing and labelling of any article of food arid the design of any such package or label with a view to preventing the public or the purchaser being deceived or misled as to the character, quality or quantity of the article or to preventing adulteration;

(e) Defining the qualifications, powers and duties of Food Inspectors and public analyst;

(ee) Defining the laboratories where samples of articles of food or adulterants may be analysed by public analyst under this Act;

(f) Prohibiting the sale or defining the conditions of sale of any substance which may be injurious to health when used as food or restricting in any manner its use as an ingredient in the manufacture or sale of any article of food

(g) Defining the conditions of sale or conditions for licence of sale of any article of food in the interest of public health

(h) Specifying the manner in which containers for samples of food purchased for analysis shall be sealed tip or fastened up

(hh) Defining the methods of ‘analysis:]

(i) Specifying a list of permissible preservatives, other than common salt arid sugar, which alone shall be used in preserved fruits, vegetables, or their products or any other article of food as well as the maximum amount of each preservative:

(j) Specifying the colouring matter and the maximum quantities therefor which may be used in any article of food;

(k) Providing for exemption from this Act or of any requirements contained there and subject to such condition, if any as may be Specified of any article or class of articles of food;

(l) Prohibiting or regulating the manufacture, transport or sale of any article known to be used as an adulterant of food;

(m) Prohibiting or regulating-

(i) The addition of any water, or other diligent or adulterant to any article of food;

(ii) The abstraction of-any ingredient from any article of food

(iii) The sale of any article of food to which such addition or from which such abstraction has been made or which has been otherwise artificially treated;

(iv) The mixing of two or more articles of food which are similar in nature or appearance, ,

(n) Providing for the destruction of such articles of food as are not in accordance with the provisions of this Act or of the rules made thereunder

5[(2) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days 6[which may be comprised in one session or in two or more successive sessions, and it before the expiry of ‘the session immediately following the session or the successive sessions aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be: so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]