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Chapter XII - Miscellaneous

Section 94

Section 94: Power of State Government to make rules

A State Government may make rules for its assigned functions with Food Authority approval.

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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) Subject to the powers of the Central Government and the Food Authority to make rules and regulations respectively, the State Government may, after previous publication and with the previous approval of the Food Authority, by notification in the Official Gazette, make rules to carry out the functions and duties assigned to the State Government and the State Commissioner of Food Safety under this Act and the rules and regulations made thereunder.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) other functions of the Commissioner of Food Safety under clause (f) of sub-section (2) of section 30;

(b) earmarking a fund and the manner in which reward shall be paid to a person rendering assistance in detection of offence or apprehension of offender under section 95; and (c) any other matter which is required to be, or may be prescribed or in respect of which provision is to be made by rules by the State Government.

(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses or where such State Legislature consists of one House, before that House.

Key takeaways

1

Core rule

A State Government may make rules for its assigned functions with Food Authority approval.

2

Practical check

Identify the State rule, Gazette notification, approval and laying record for the applicable territory.

Scope and operation

Previous publication and prior Food Authority approval are required. The subjects include Commissioner functions and a reward fund; State rules must be laid before the State Legislature.

Applying the section

Identify the State rule, Gazette notification, approval and laying record for the applicable territory.

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