Chapter VII - Enforcement of the Act
Section 41
Section 41: Power of search, seizure, investigation, prosecution and procedure thereof
The Food Safety Officer may search and seize on reasonable doubt of a food offence and must report the action to the Designated Officer.
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This article is for general information. Refer to the Food Safety and Standards Act, 2006 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) Notwithstanding anything contained in sub-section (2) of section 31, the Food Safety Officer may search any place, seize any article of food or adulterant, if there is a reasonable doubt about them being involved in commission of any offence relating to food, and shall thereafter inform the Designated Officer of the actions taken by him in writing: Provided that no search shall be deemed to be irregular by reason only of the fact that witnesses for the search are not inhabitants of the locality in which the place searched is situated.
(2) Save as in this Act otherwise expressly provided, provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) relating to search, seizure, summon, investigation and prosecution, shall apply, as far as may be, to all action taken by the Food Safety Officer under this Act.
Key takeaways
Core rule
The Food Safety Officer may search and seize on reasonable doubt of a food offence and must report the action to the Designated Officer.
Practical check
Record reasonable grounds, items seized, written report to the Designated Officer and the amended procedural route.
Scope and operation
The current amended section also governs investigation and prosecution powers and applies the criminal-procedure framework subject to this Act.
Applying the section
Record reasonable grounds, items seized, written report to the Designated Officer and the amended procedural route.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026