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FSSAI limits the role of the FSO in regulating centrally licensed food business operators

In a key decision, the Food Inspectorate decided to limit the role of government food safety officers in regulating centrally licensed food business operators and ordered that all inspections of centrally licensed food businesses be carried out by the central food safety officers (CFSOs).

The Food Safety and Standards Authority of India (FSSAI) recently issued an enforcement order for the FSS Act, as well as the rules and regulations for centrally licensed grocers.

„The state BFS will provide the CFSO concerned with all possible support in this regard,” the statement said.

The instructions that the inspection of a centrally licensed food business operator may be carried out by the state FSO in an emergency or to investigate food safety incidents, or at the request of the Central Licensing Authority concerned or the FSSAI Regional Director.

In addition, the instruction was added that the first report of such a measure by the state FSO should be submitted to the GAV, while the CFSOs take over the case afterwards.

The instruction states: „In such cases of the inspection of the centrally licensed premises by the state FSO, the inspection report must be presented to the CLA concerned and the CLA concerned must take further measures in accordance with the provisions of the FSS Act.”

Also in the case of samples taken by the state FSO from the centrally licensed FBO, the follow-up to the submission of the laboratory report is carried out by the central licensing authority, while the state FSO or designated officials provide the GAV with all records related to the case / Incident and „all assistance” for the GAV.

However, the management says the decision-making and prosecution procedures should remain unchanged.

“The mechanism for both state and centrally licensed entities remains the same, that is, the judges designated by the state courts and the food safety courts established by the respective state governments. This also applies to cases in which other central government officials are entrusted with the responsibilities of CLA / CFSO, such as railways, seaports and airports, ”said the directorate.

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