The Food Safety and Standards Act, 2006
32. Improvement
notices. -
1.
If
the Designated Officer has reasonable ground for believing that any food
business operator has failed to comply with any regulations to which this
section applies, he may, by a notice served on that food business operator (in
this Act referred to as an "improvement notice")-
a. state the grounds for
believing that the food business operator has failed to comply with the
regulations;
b. specify the matters
which constitute the food business operator's failure so to comply;
c. specify the measures
which, in the opinion of the said Authority, the food business operator must
take, in order to secure compliance; and
d. require the food
business operator to take those measures, or measures which are at least
equivalent to them, within a reasonable period (not being less than fourteen
days) as may be specified in the notice.
1.
2.
If
the food business operator fails to comply with an improvement notice, his
licence may be suspended.
3.
If
the food business operator still fails to comply with the improvement notice,
the Designated Officer may, after giving the licensee an opportunity to show
cause, cancel the licence granted to him: Provided that the Designated Officer
may suspend any licence forthwith in the interest of public health for reasons
to be recorded in writing.
4.
Any
person who is aggrieved by-
a. an improvement
notice; or
b. refusal to issue a
certificate as to improvement; or
c. cancellation or
suspension or revocation of licence under this Act, may appeal to the
Commissioner of Food Safety whose decision thereon, shall be final.
1.
2.
3.
4.
5.
The
period within which such an appeal may be brought shall be-
a. fifteen days from the
date on which notice of the decision was served on the person desiring to
appeal; or
b. in the case of an
appeal under sub-section (1), the said period or the period specified in the
improvement notice, whichever expires earlier. Explanation.-For the purpose of
this sub-section, the making of the complaint shall be deemed to be the
bringing of the appeal.