 bill no  45 of 2015 the food safety and standards (amendment) bill, 2015 bydr sanjay jaiswal, mpa billfurther to amend the food safety and standards act, 2006be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—amendment of section 32 in the food safety and standards act, 2006 (hereinafter referred to as the principal act), in section 3, in sub-section (1),—(i) after clause (zi), the following clause shall be inserted, namely:—5''(zia) ''pre-packaged food'' means food, which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the consumer;''; and (ii) in cause (zz),—(a) for sub-clause (iv), the following sub-clause shall be substituted, namely:—10''(iv) by the substitution of any substance, including any inferior or cheaper substance, whether wholly or in part; or''; and (b) after sub-clause (xii) the following sub-clauses shall be inserted, namely:—''(xiii) by concealing, in any manner, any damage or inferiority; or15(xiv) by virtue of its being transported or offered for transport in violation of provisions of section 24a"3 after section 20 of the principal act, the following section shall be inserted, namely:—insertion of new section 20a20"20a save as otherwise provided in this act, every manufacturer or packers of an article of food shall ensure that no substance is added or mixed thereto or packed therewith so as to increase its bulk or weight or reduce its quality or make it appear better or of greater value"restriction on the use of any substance to increase bulk or weight, etc of an article of food4 in the principal act, after section 24, the following chapter and sections thereunder shall be inserted, namely:—insertion of new chapter iv a ''chapter iv a 25 sanitary transportation practices24a (1) no person shall transport any article of food in any vehicle—(a) unless the vehicle is adequately cleaned to prevent any chemical, physical or microbiologial contamination of an article of food; and practices to ensure hygienic transportation of food30(b) together with contaminated food, waste food, poisonous or any harmful substance, a living animal or any such object as may contaminate or spoil the food (2) the freight compartment of a vehicle shall—(a) have an interior surface made of an easy-to-clean and smooth, rust free, non-toxic and non-absorbent material without open joints or seams;35(b) be dust proof; and (c) not be used simultaneously for transport of any person or an object which may contaminate the food(3) notwithstanding anything in this act, no non-prepackaged food shall be—(a) transported in such a manner as may bring it in contact with the floor of a vehicle or covering part thereof; and(b) transported in such a manner as may spoil or contaminate it524b (1) the chairperson may, after consultation with other members, by order waive any requirement of section 24a, with respect to any class of persons, vehicles or articles of food, if the chairperson has reason to believe that the waiver—waiver in respect of practices of transportation of articles of food(a) shall not result in transportation of food under conditions that wouldbe unsafe for health; and10(b) is not contrary to the public interest(2) every order issued under sub-section (1) shall be published along with reasons thereof in the official gazetteamendment of section 515 in section 51 of the principal act, for the words ''five lakh rupees'', the words''twenty lakh rupees'' shall be substituted15amendment of section 526 in section 52 of the principal act, in sub-section (1), for the words ''three lakh rupees'', the words ''ten lakh'' shall be substitutedamendment of section 537 in section 53 of the principal act, in sub-section (1), in clause (1), for the words''ten lakh rupees'', the words ''fifty lakh rupees'' shall be substitutedamendment of section 548 in section 54 of the principal act, for the words ''one lakh rupees'', the words"five lakh rupees" shall be substituted20amendment of section 569 in section 56 of the principal act, for the words ''one lakh rupees'', the words''five lakh rupees'' shall be substituted10 in section 57 of the principal act, in sub-section (1),—amendment of section 5725(a) in clause (i), for the words ''two lakh rupees'', the words ''five lakh rupees'' shall be substituted; and(b) in clause (ii), for the words ''ten lakh rupees'', the words ''twenty lakh rupees''shall be substituted11 in section 59 of the principal act,—amendment of section 5930(a) in clause (i), for the words ''one lakh rupees'' the words ''five lakh rupees'' shall be substituted;(b) in clause (ii), for the words ''three lakh rupees'' the words ''ten lakh rupees''shall be substituted(c) in clause (iii), for the words ''five lakh rupees'', the words ''twenty lakh rupees''shall be substituted; and35(d) for clause (iv), the following clause shall be substituted, namely:— ''(iv) where such failure or contravention results in death, with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and also with fine which shall not be less than twenty-five lakh rupees'' statement of objects and reasonswith a view to consolidate the laws relating to food and for laying down science based standards for articles of food 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, 2006however, there is a need to bring more malpractices within the meaning of adulteration and to make it more robustalso, the issue of penal provisions for the offenders has been discussed and questioned time and again by the parliament as well as the judiciary the punishment given to offenders for adulteration of food fails to act as a deterrent there is thus a need for amending the food safety and standards act, 2006 to make various offences punishable with greater severityhence this billnew delhi;sanjay jaiswaljanuary 30, 2015 annexure extract from the food safety and standards act, 2006 (34 of 2006)    definitions3 (1) in this act, unless the context otherwise requires,—     (zi) ''premises'' include any shop, stall, hotel, restaurant, airline services and food canteens, place or vehicle or vessel where any article of food is sold or manufactured or stored for sale;     (zz) ''unsafe food'' means an article of food whose nature, substance or quality is so affected as to render it injurious to health:—(i)    (ii)    (ii)    (iv) by the substitution of any inferior or cheaper substance whether wholly or in part; or     (xii) by virtue of containing pesticides and other contaminants in excess of quantities specified by regulations    penalty for sub-standard food51 any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is sub-standard, shall be liable to a penalty which may extend to five lakh rupeespenalty for misbranded food52 (1) any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is misbranded, shall be liable to a penalty which may extend to three lakh rupees    53 (1) any person who publishes, or is a party to the publication of an advertisement, which—penalty for misleading advertisement(a) falsely describes any food; or (b) is likely to mislead as to the nature or substance or quality of any food or gives false guarantee, shall be liable to a penalty which may extend to ten lakh rupees     54 any person whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption containing extraneous matter, shall be liable to a penalty which may extend to one lakh rupeespenalty for food containing extraneous matter    56 any person who, whether by himself or by any other person on his behalf, manufactures or processes any article of food for human consumption under unhygienic or unsanitary conditions, shall be liable to a penalty which may extend to one lakh rupeespenalty for unhygienic or unsanitary processing or manufacturing of food penalty for possessing adulterant57 (1) subject to the provisions of this chapter, if any person who whether by himself or by any other person on his behalf, imports or manufactures for sale, or stores, sells or distribute any adulterant shall be liable—(i) where such adulterant is not injurious to health, to a penalty not exceeding two lakh rupees;(ii) where such adulterant is injurious to health, to a penalty not exceeding ten lakh rupees|           ||------------|| punishment || for unsafe || food      |59 any person who, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is unsafe, shall be punishable,—(i) where such failure or contravention does not result in injury, with imprisonment for a term which may extend to six months and also with fine which may extend to one lakh rupees;(ii) where such failure or contravention results in a non-grievous injury, with imprisonment for a term which may extend to one year and also with fine which may extend to three lakh rupees;(iii) where such failure or contravention results in a grievous injury, with imprisonment for a term which may extend to six years and also with fine which may extend to five lakh rupees;(iv) where such failure or contravention results in death, with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh rupees|     |     |     |     |    ||------|------|------|------|-----| lok  sabha———— a billfurther to amend the food safety and standards act, 2006————(dr sanjay jaiswal,  mp)gmgipmrnd—4486ls(s3)—02-03-2015