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Chapter VII - Enforcement of the Act

Section 42

Section 42: Procedure for launching prosecution

Section 42 sets the sequence from inspection and analysis through prosecution choice.

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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.

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Statutory text

Bare law

(1) The Food Safety Officer shall be responsible for inspection of food business, drawing samples and sending them to Food Analyst for analysis.

(2) The Food Analyst after receiving the sample from the Food Safety Officer shall analyse the sample and send the analysis report mentioning method of sampling and analysis within fourteen days to Designated Officer with a copy to Commissioner of Food Safety.

(3) The Designated Officer after scrutiny of the report of Food Analyst shall decide as to whether the contravention is punishable with imprisonment or fine only and in the case of contravention punishable with imprisonment, he shall send his recommendations within fourteen days to the Commissioner of Food Safety for sanctioning prosecution.

(4) The Commissioner of Food Safety shall, if he so deems fit decide, within the period prescribed by the Central Government, as per the gravity of offence, whether the matter be referred to,– (a) a court of ordinary jurisdiction in case of offences punishable with imprisonment for a term up to three years; or (b) a Special Court in case of offences punishable with imprisonment for a term exceeding three years where such Special Court is established and in case no Special Court is established, such cases shall be tried by a Court of ordinary jurisdiction.

(5) The Commissioner of Food Safety shall communicate his decision to the Designated Officer and the concerned Food Safety Officer who shall launch prosecution before courts of ordinary jurisdiction or Special Court, as the case may be; and such communication shall also be sent to the purchaser if the sample was taken under section 40.

Key takeaways

1

Core rule

Section 42 sets the sequence from inspection and analysis through prosecution choice.

2

Practical check

Track each recipient, decision-maker, date and statutory time limit, including the analyst’s fourteen-day reporting period.

Scope and operation

The Food Safety Officer sends samples to the analyst, who reports to the Designated Officer with a copy to the Commissioner. The Designated Officer scrutinises the report and decides the contravention category; prosecution authorisation follows the statutory pathway.

Applying the section

Track each recipient, decision-maker, date and statutory time limit, including the analyst’s fourteen-day reporting period.

Official sources

Read the consolidated Act with the enacted and commenced amendments applicable to this section.

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Last updated 10 October 2026