Uttar Pradesh Prevention Of Food Adulteration Rules, 1976

Section 1

Short title, extent and commencement :- (1) These rules may be called the Uttar Pradesh Prevention of Food Adulteration Rules, 1976. (2) They extend to the whole of Uttar Pradesh and shall come into force with effect from the date of their publication in the Official Gazette.

Section 2

Definitions :- In these rules, unless the context otherwise requires:- (a) "Act" means the Prevention of Food Adulteration Act, 1954 (37 of 1954); (b) "Food (Health) Authority" means the Director of Medical and Health Services UttarPradesh; (c) "Food Inspector" means a person appointed by the State Government under section 9 or the Act, or by the Central Government under section 14 of the Act; (d) "Form" means a form set forth in Appendix A of these rules; (f) "Public Analyst" means any person appointed by the State Government under section 8 of the Act; and (f) "Rules" means rules made under the Prevention of Food Adulteration Act, 1954, by the Central Government or by the State Government of Uttar Pradesh.

Section 3

Duty of Food Authority and Local Authority :- It shall be the duty of the Food (Health) Authority and Local Authority to carry into execution and enforce the provisions of the Act and the rules framed there under within the territorial limits of Uttar Pradesh, with a view to ensure that the articles of food are manufactured and sold in a pure and genuine condition.

Section 4

Licensing authorities :- (1)The authorities mentioned below are empowered to issue licenses in the prescribed form for the manufacture for sale, for the storage for sale and for the distribution of articles of food or any specified articles of food or class of articles of food, in respect of the local areas mentioned against each of them:- (a) All Nagar Swasthya Adhikaris, Atirikt Nagar Swasthya Adhikaris or. Municipal Medical Officer of Health in Uttar Pradesh. The Corporation or Municipal areas within their jurisdiction (b) All Deputy Chief Medical Officers of Health inUttar Pradesh. The Rural and Urban areas within their jurisdiction.(c) Senior Medical Officer of Cantonment Board in Uttar Pradesh TheCantonment area within their jurisdiction. (d) Divisional Medical Officers of various Indian Railways within Uttar Pradesh. The Railway premises including Colonies within their jurisdiction. (2) The authorities mentioned in sub-rule (1) above shall, for the purposes of these rules, be known as "licensing authorities".

Section 5

Application for licenses :- An application for the grant of license under these rules, shall be made in Form 1 to the licensing authority of the area concerned, who shall grant a license in Form II. Every licensing authority shall maintain a register in Form III. Note The license form and application form are saleable for 2 paise and 3 paise per form, respectively, and can be obtained from the licensing authorities.

Section 6

License fee :- (1) For every license issued under rule, a fee of Rs. 10 (rupees ten only) shall be levied from a manufacturer or wholesaler, Rs. 4 (Rupees four only) from a retailer and Rs. 2 (Rupees two only) together with 50 paise as cost of metallic badge from a hawker. (2) For a duplicate copy of a license issued under this rule if the original is defaced, damaged or lost, a fee of Rs. 3 (Rupees three only) from a retailer and Re. 1 (Rupees one only) from a hawker. In the case of replacement owing to loss of the original metallic badge, the charge shall be Rs. 0.50 (fifty paise only). The fees collected under sub-rules (1) and (2) above shall be deposited under State receipt head "XXIV Public Healthees and Fines, etc., Income from license fees under the Prevention of Food Adulteration Act". (3) For the purposes of these rules;- (a) "Manufacturer" means a person who manufactures an article of food in quantities exceeding 20 kilograms on any one day, or who manufactures an article of food in factory as defined in the Factories Act, 1948, for sale to wholesaler or a retailer; (b) "Wholesaler" means a person who ordinarily sells an article of food to a retailer; (c) "Retailer" means a person who sells an article of food directly to individual consumers; (d) "Hawker" means a person who carries on business of selling an article of food from door to door and not at any fixed premises.

Section 7

Maintenance of register by manufacturer or wholesaler :- Every manufacturer or wholesaler, in ghee, butter, charbi, oils, or hydrogenated vegetable oil products shall maintain a register as in Form IV which shall be open to inspection by the licensing authority or any other officer duly authorized by him in this behalf.

Section 8

Grant and renewal of license :- (1) The authorities mentioned in column 1 below shall, for the purpose of section 2 (viii) (2) of the Act, be the "Local Authorities" in respect of the areas indicated against each in column 2. Column 1 Column 2 (a) Magistrates-in-charge of the sub-divisions concerned. Rural area including town areas, (b) The officers in charge of any area declared by the Central Government or the State Government under sub-section (vii) of section 2 of the Act, by a notification in the Gazette, as "local area" by whatever name is called. The area concerned (2) A license may be granted for a period of one year commencing from 1st April and ending with 31st March or for any portion thereof. (3) An application for the renewal of a license shall be made by the license holder at least thirty days before the date on which the current shall be the same as prescribed under rule 6(1): Provided that if the application applies for the renewal of a license after its expiry but within one month of such expiry, the fee payable for the renewal of such license shall be the same as prescribed under rule 6(1) and an additional fee in equal amount.

Section 9

Duration of a license :- If a person who holds a license under the rules, dies, the license shall remain effective for the benefit of his lawful heir until the expiration of three months from the date of death of the licensee, or until the date of expiry of the license, whichever is earlier.

Section 10

Fines :- All fines imposed by Courts under the provisions of the Act or rules framed there under, shall in the first instance the credited to the head "XXI Aministration of Justice General Fees. Fines and Forfeitures "ines" and 50 percent, thereof will ultimately be reimbursed in the shape of grant-in-aid to those Local Authorities, other than Magistrates in-charge of the subdivisions, within whose jurisdiction the offence was committed and who bear full expenses of the prosecutions from the stage of taking sample by the Food Inspectors to the stage of final decision by the Court: Provided that fines imposed by the Courts in respect of cases challenged by the Food Inspectors appointed by the State Government anywhere in the State be credited to the State Revenues.

Section 11

Fee for analysis :- The fee for the analysis of a sample of food sent to the Public Analyst for analysis by a purchaser, or any other person, under section 12 of the Act shall be Rs. 20 (Rupees twenty only).

Section 12

Expenses in connection with collection and dispatch of food samples :- All expenses incurred in connection with the collection and dispatch of food samples for analysis and in the prosecution of persons under the Act or the case framed there under shall be met by the Local Authority within whose jurisdiction the sample of food is collected by its Food Inspector or the offence committed. Where no such Local Authority exists, such expenses shall be met by the State Government.