Sr. No.

Compliance Requirement

Responsible Person

Timeline / Trigger

1

Inspect the food business and draw food samples in accordance with the prescribed procedure.

Food Safety Officer

As required during inspection

2

Send the drawn food sample to the Food Analyst for analysis.

Food Safety Officer

After drawing the sample

3

Analyse the sample and prepare an analysis report specifying the method of sampling and analysis.

Food Analyst

Within 14 days of receiving the sample

4

Send the Food Analyst's report to the Designated Officer, with a copy to the Commissioner of Food Safety.

Food Analyst

Within 14 days

5

Scrutinise the Food Analyst's report and determine whether the contravention is punishable with imprisonment or fine only.

Designated Officer

Upon receipt of report

6

Where the offence is punishable with imprisonment, make recommendations to the Commissioner of Food Safety for sanctioning prosecution.

Designated Officer

Within 14 days

7

Examine the matter and decide whether prosecution should be referred to a Court of ordinary jurisdiction or a Special Court, based on the prescribed criteria and gravity of offence.

Commissioner of Food Safety

Within the period prescribed by the Central Government

8

Refer offences punishable with imprisonment up to 3 years to a Court of ordinary jurisdiction.

Commissioner of Food Safety

After decision to prosecute

9

Refer offences punishable with imprisonment exceeding 3 years to a Special Court, where such court is established.

Commissioner of Food Safety

After decision to prosecute

10

Where no Special Court is established for an offence punishable with imprisonment exceeding 3 years, ensure that the matter is tried by a Court of ordinary jurisdiction.

Commissioner of Food Safety

As applicable

11

Communicate the prosecution decision to the Designated Officer and concerned Food Safety Officer.

Commissioner of Food Safety

After decision

12

Launch prosecution before the appropriate Court—ordinary jurisdiction or Special Court, as applicable.

Designated Officer / Food Safety Officer

After receiving decision

13

Where the sample was taken under Section 40, communicate the prosecution decision to the purchaser also.

Commissioner of Food Safety

After decision