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FSSAI Technical Officer practice questions

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Question 1Food Safety and Standards Act, 2006 and regulatory framework

Under the Food Safety and Standards Act, 2006, which body is established as the apex scientific and regulatory authority responsible for laying down standards for articles of food?

  1. The Central Committee for Food Standards
  2. The State Food Safety Commissioner
  3. The District Health Officer
  4. The Food Safety and Standards Authority of India Correct answer.

Explanation

Section 4 of the FSS Act establishes the Food Safety and Standards Authority of India as the apex authority mandated to regulate and monitor food manufacture, storage, distribution, sale and import, and to lay down science-based standards. The other bodies mentioned have defined supporting or enforcement roles rather than standard-setting at the apex level.

Question 2Food Safety and Standards Act, 2006 and regulatory framework

The Food Safety and Standards Act, 2006 was enacted to consolidate which earlier laws into a single framework?

  1. The Drugs and Cosmetics Act, 1940 and the Agriculture Produce (Grading and Marking) Act, 1937
  2. The Essential Commodities Act, 1955 and the Consumer Protection Act, 1986
  3. Only the Prevention of Food Adulteration Act, 1954
  4. The Prevention of Food Adulteration Act, 1954 and seven other food-related enactments Correct answer.

Explanation

The Preamble and Section 97 repeal the Prevention of Food Adulteration Act, 1954 together with several other enactments such as the Fruit Products Order, 1955, the Meat Food Products Order, 1973 and the Milk and Milk Products Order, 1992, consolidating them into one law. It did not repeal the Essential Commodities Act or the Drugs and Cosmetics Act.

Question 3Food Safety and Standards Act, 2006 and regulatory framework

A food business operator wishes to commence manufacturing of packaged drinking water. Under the FSS Act and its regulations, which requirement must be satisfied before commencing operations?

  1. Obtaining a licence from the Food Safety and Standards Authority of India or the State Licensing Authority, as applicable Correct answer.
  2. Obtaining a no-objection certificate from the Bureau of Indian Standards alone
  3. Filing an intimation with the Central Consumer Protection Authority
  4. Registering only with the local municipal corporation

Explanation

Section 31 requires every food business operator to be licensed or registered, with licensing granted by the Central or State Licensing Authority depending on the scale and nature of the business. Registration applies to petty businesses, while manufacturing units such as packaged water plants require a licence. A BIS or municipal approval does not substitute for the FSS licence.

Question 4Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, who appoints the Chairperson and other Members of the Food Safety and Standards Authority of India?

  1. The President of India
  2. The Minister of Health and Family Welfare in his individual capacity
  3. The Central Government Correct answer.
  4. The Central Committee for Food Standards

Explanation

Section 5 provides that the Chairperson and Members of the Authority are appointed by the Central Government on the recommendation of a selection committee constituted for that purpose. Appointment is thus an executive act of the Central Government, not of the President or of the advisory committee.

Question 5Food Safety and Standards Act, 2006 and regulatory framework

Which authority under the FSS Act is empowered to specify the procedure for taking samples of food for analysis and the manner of sending them to the food analyst?

  1. The Food Analyst, by notification
  2. The Designated Officer, by circular
  3. The State Government, by executive order
  4. The Food Safety and Standards Authority of India, by regulation Correct answer.

Explanation

Section 47 empowers the Authority to make regulations regarding the procedure for taking samples and the manner of sending samples to the food analyst. Enforcement officers follow these regulations, but they cannot themselves prescribe the sampling procedure.

Question 6Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, what is the primary function of the Food Safety and Standards Authority of India with respect to imported food?

  1. Framing standards and specifying the procedure for food imported into India, in coordination with the customs authority Correct answer.
  2. Issuing import licences under the Foreign Trade Policy
  3. Directly clearing imported consignments at ports
  4. Prosecuting importers in criminal courts

Explanation

Section 16 lists the functions of the Authority, which include specifying standards and procedures for food imported into India, while the actual clearance is handled by the customs and port health authorities. The Authority's role is regulatory and standard-setting rather than operational clearance or prosecution.

Question 7Food Safety and Standards Act, 2006 and regulatory framework

The Food Safety and Standards Act, 2006 extends to which territorial jurisdiction?

  1. Only areas notified by the Central Government from time to time
  2. The whole of India Correct answer.
  3. Only municipal areas where food businesses operate
  4. Only States and not Union Territories

Explanation

Section 1 declares that the Act extends to the whole of India, which includes States and Union Territories. There is no requirement of separate notification to bring areas within its ambit.

Question 8Food Safety and Standards Act, 2006 and regulatory framework

A person sells food that is misbranded. Under the FSS Act, 2006, misbranded food is dealt with primarily under which provision?

  1. Section 63, which deals with compensation in case of injury
  2. Section 51, which deals with unsafe food
  3. Section 52, which prescribes penalties for misbranded food Correct answer.
  4. Section 55, which deals with misleading advertisement

Explanation

Section 52 prescribes penalties for misbranded food, distinct from the provisions on unsafe food and misleading advertisements. The penalty depends on whether the misbranding is by a petty manufacturer or another person.

Question 9Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, what qualification is prescribed for appointment as a Food Analyst?

  1. A degree in law with five years of practice
  2. Such qualification as may be prescribed by the Central Government by rules Correct answer.
  3. Membership of the Central Committee for Food Standards
  4. A doctorate in food technology in every case

Explanation

Section 45 provides that a person shall be eligible to be appointed as a Food Analyst if he possesses the qualification prescribed by the Central Government. The specific educational requirements are set out in the rules and regulations, not fixed in the section itself.

Question 10Food Safety and Standards Act, 2006 and regulatory framework

A Food Safety Officer seizes an article of food under the FSS Act. Within what period must the seized article be produced before the Designated Officer?

  1. Within thirty days of seizure
  2. Before the expiry of the best-before date only
  3. Within ninety days of seizure
  4. As soon as possible but not later than seven days from the date of seizure Correct answer.

Explanation

Section 38 provides that a seized article of food shall be produced before the Designated Officer as soon as possible but not later than seven days from the date of seizure. This ensures prompt judicial-type oversight of the seizure.

Question 11Food Safety and Standards Act, 2006 and regulatory framework

Which of the following is a function of the Central Committee for Food Standards under the FSS Act, 2006?

  1. Appointing the Chief Executive Officer of the Authority
  2. Adjudicating appeals against orders of the Designated Officer
  3. Conducting food analysis in notified laboratories
  4. Advising the Authority on matters relating to food standards and coordinating implementation with States Correct answer.

Explanation

Section 11 establishes the Central Committee for Food Standards to advise the Authority on standards and to coordinate with States and Union Territories on implementation. It is an advisory and coordinating body and does not exercise appellate, appointing or analytical functions.

Question 12Food Safety and Standards Act, 2006 and regulatory framework

An appeal is filed against an order of the Designated Officer. Under the FSS Act, 2006, before whom does the first appeal lie?

  1. The Food Safety and Standards Authority of India
  2. The Central Committee for Food Standards
  3. The High Court
  4. The Commissioner of Food Safety of the State Correct answer.

Explanation

Section 47 provides that an appeal against an order of the Designated Officer lies to the Commissioner of Food Safety, who may hear and dispose of it within the prescribed time. The Authority and the Central Committee are not appellate forums for such orders.

Question 13Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, food that contains a substance which renders it unsafe for human consumption is classified as which of the following?

  1. Adulterated food only
  2. Unsafe food Correct answer.
  3. Misbranded food
  4. Substandard food

Explanation

Section 3(1)(zz) defines unsafe food to include articles containing poisonous or deleterious substances, or otherwise unfit for human consumption. Misbranding concerns labelling and presentation, while substandard relates to failure to meet specified standards without being unsafe.

Question 14Food Safety and Standards Act, 2006 and regulatory framework

A company commits an offence under the FSS Act. Under Section 66, who is deemed guilty when the offence is proved to have been committed with the consent of a director?

  1. The director, manager, secretary or other officer concerned, in addition to the company Correct answer.
  2. Only the Food Safety Officer who inspected
  3. Only the company, with no individual liability
  4. Only the nominee of the company in all cases

Explanation

Section 66 makes persons in charge of the conduct of the business, and those who consented to or connived in the offence, liable along with the company. The company itself remains liable, so individual officers can be proceeded against in addition.

Question 15Food Safety and Standards Act, 2006 and regulatory framework

Which statement correctly describes the role of the Designated Officer under the FSS Act, 2006?

  1. He is the chief executive of the Authority at the national level
  2. He is the appellate authority against Food Safety Officer orders
  3. He conducts chemical analysis of food samples in notified laboratories
  4. He heads the food safety administration at the district level and is responsible for issuing licences and enforcing standards within his jurisdiction Correct answer.

Explanation

Section 36 provides that the Designated Officer is appointed for each district and is responsible for food safety administration at that level, including licensing and enforcement functions. He is subordinate to the Commissioner of Food Safety and does not perform appellate or analytical functions.

Question 16Food Safety and Standards Act, 2006 and regulatory framework

A food business operator is dissatisfied with the result of analysis by the Food Analyst. What right does the Act provide regarding a second analysis?

  1. The operator has no remedy once the first report is issued
  2. The operator may insist that the Food Analyst re-test the sample personally
  3. The operator may privately send the same sample to any laboratory of his choice and that report is final
  4. The operator may apply to the Designated Officer to have the sample analysed by a referral laboratory notified by the Authority Correct answer.

Explanation

The Act and regulations provide for a second analysis by a referral laboratory notified by the Authority where the accuracy of the first report is disputed. The referral report is treated as conclusive evidence of the facts stated. A private laboratory report chosen by the operator does not carry this statutory status.

Question 17Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, the Food Safety and Standards Authority of India is required to perform its functions in which manner with respect to scientific standards?

  1. Solely on the recommendations of food industry associations
  2. Based on the majority vote of the Central Committee alone
  3. According to the discretion of the Chief Executive Officer
  4. Based on scientific evidence and risk assessment, in an objective and transparent manner Correct answer.

Explanation

Section 16 and the general scheme require the Authority to undertake risk assessment and frame standards based on scientific evidence, while remaining objective and transparent. Industry recommendations, individual discretion or a single committee's vote do not replace this scientific basis.

Question 18Food Safety and Standards Act, 2006 and regulatory framework

A petty food business operator manufactures and sells food in a local market. Under the FSS Act, what is the applicable requirement?

  1. A full licence from the Central Licensing Authority in every case
  2. Exemption from all obligations under the Act
  3. Registration with the Authority or the State, as prescribed, instead of a full licence Correct answer.
  4. Approval from the Food Analyst before commencing business

Explanation

Section 31 read with the regulations distinguishes petty food business operators, who must register, from larger operators who require a licence. Petty operators are not exempt from the Act; they must still comply with hygiene and safety requirements.

Question 19Food Safety and Standards Act, 2006 and regulatory framework

Which of the following best describes the power of the Authority to recognise laboratories under the FSS Act, 2006?

  1. It must rely exclusively on laboratories accredited by foreign bodies
  2. It may notify laboratories for food analysis and prescribe their functions and standards of performance Correct answer.
  3. It has no power to notify laboratories; only courts may do so
  4. It may only use laboratories run by the Food Corporation of India

Explanation

Section 43 empowers the Authority to notify laboratories or referral laboratories for analysis of food samples and to prescribe their functions and standards. The Authority's power is independent of courts and is not limited to any single organisation.

Question 20Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, what is the consequence for a food business operator who fails to comply with the directions of a Food Safety Officer during inspection?

  1. The officer may seize the food and initiate proceedings for non-compliance under the Act Correct answer.
  2. The officer may arrest the operator on the spot without any order
  3. The officer may permanently cancel the operator's trade licence himself
  4. The officer may impose a fine of one lakh rupees directly

Explanation

A Food Safety Officer may seize articles and launch proceedings before the adjudicating officer or court for non-compliance, but cannot arrest without a warrant or impose fines directly. Cancellation of licence lies with the licensing authority.

Question 21Food Safety and Standards Act, 2006 and regulatory framework

A manufacturer makes a misleading advertisement claiming that a food product cures diabetes. Under the FSS Act, 2006, which provision is most directly attracted?

  1. Section 40, which deals with search and seizure
  2. Section 31, which deals with licensing
  3. Section 24, which prohibits unfair trade practices and misleading advertisements concerning food Correct answer.
  4. Section 89, which deals with power to make rules

Explanation

Section 24 prohibits unfair trade practices, including misleading advertisements and false claims about the nutritive value or health benefits of food. Licensing, search and seizure, and rule-making are governed by unrelated provisions.

Question 22Food Safety and Standards Act, 2006 and regulatory framework

Which of the following correctly states the relationship between the Food Safety and Standards Authority of India and the State Food Safety Commissioners under the Act?

  1. The Commissioner implements food safety administration in the State while the Authority sets standards and provides guidance and coordination Correct answer.
  2. The Commissioner is superior to the Authority in standard-setting matters
  3. The Commissioner may override national standards for local businesses
  4. The Authority directly appoints and controls all State Food Safety Officers

Explanation

The Act creates a federal structure in which the Authority lays down standards and the State Commissioner implements them through Designated Officers and Food Safety Officers. The Commissioner cannot override national standards or control the Authority, which is the apex body.

Question 23Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, what is the significance of the 'food safety management system' concept for a licensed food business?

  1. The operator must file the system with the court before commencing business
  2. The operator must adopt a system based on good manufacturing practices and hazard analysis to ensure safe food Correct answer.
  3. The system replaces the need for any licence or registration
  4. The system is optional and applies only to exporters

Explanation

The Act and regulations require licensed food businesses to implement a food safety management system founded on good manufacturing practices, good hygiene practices and hazard analysis principles. It complements, rather than replaces, licensing and applies to domestic operators as well as exporters.

Question 24Food Safety and Standards Act, 2006 and regulatory framework

A person obstructs a Food Safety Officer in the discharge of his duties under the FSS Act. How is such obstruction treated?

  1. It is an offence punishable under the Act, as obstruction of an authorised officer is expressly penalised Correct answer.
  2. It is punishable only if the officer suffers physical injury
  3. It is not an offence because officers have no statutory protection
  4. It is a civil dispute to be settled by arbitration between the parties

Explanation

The Act penalises obstruction of an authorised officer in the exercise of powers conferred by it, protecting the enforcement machinery. The offence does not depend on physical injury and is not a matter for private arbitration.

Question 25Food Safety and Standards Act, 2006 and regulatory framework

Which statement about the adjudication of offences under the FSS Act, 2006 is accurate?

  1. Adjudication is done by the Central Committee for Food Standards
  2. The Food Safety Officer himself acts as the adjudicating officer
  3. An adjudicating officer may impose penalties after giving the person an opportunity of being heard, and an appeal lies to the appellate tribunal Correct answer.
  4. Only criminal courts can impose any penalty under the Act in all cases

Explanation

Section 68 provides for adjudication of offences by an adjudicating officer, who must give the affected person a hearing before imposing a penalty, with appeals going to the appellate tribunal. Criminal courts handle prosecution of certain offences, but adjudication is a distinct statutory route.

Question 26Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, which body is entrusted with laying down science-based standards for articles of food and regulating their manufacture, storage, distribution, sale and import?

  1. The Central Committee for Food Standards
  2. The Bureau of Indian Standards
  3. The Food Safety and Standards Authority of India Correct answer.
  4. The Food Authority of the concerned State Government

Explanation

Section 16 read with Section 5 vests the standard-setting and regulatory mandate in the Food Safety and Standards Authority of India, which is the apex scientific body created by the Act. The Central Committee is only an advisory and coordination forum, and State bodies implement rather than set national standards.

Question 27Food Safety and Standards Act, 2006 and regulatory framework

The Food Safety and Standards Authority of India is constituted as a body corporate. Which characteristic follows directly from this status under the FSS Act, 2006?

  1. It is dissolved automatically after every five years and reconstituted afresh
  2. It functions as a department of the Central Government without separate legal identity
  3. It can sue and be sued in its own name and holds property in its corporate name Correct answer.
  4. Its decisions require prior ratification by every State Legislature

Explanation

A body corporate has perpetual succession, a common seal, and the capacity to acquire and hold property, to contract, and to sue and be sued in its own name. These attributes flow from the statutory incorporation of the Authority, not from any departmental status.

Question 28Food Safety and Standards Act, 2006 and regulatory framework

How is the Chairperson of the Food Safety and Standards Authority of India appointed under the FSS Act, 2006?

  1. By election among the members of the Authority
  2. By the Central Government on the recommendation of a selection committee constituted for the purpose Correct answer.
  3. By the Central Committee for Food Standards through a majority vote
  4. By the President of India on the advice of the Chief Justice of India

Explanation

Section 7 provides that the Chairperson and other members are appointed by the Central Government on the recommendation of a selection committee constituted under that section. The process is executive appointment on expert recommendation, not election or judicial nomination.

Question 29Food Safety and Standards Act, 2006 and regulatory framework

A member of the Food Safety and Standards Authority of India wishes to resign before completing the term. Under the FSS Act, 2006, to whom must the resignation be addressed?

  1. The Secretary of the Authority
  2. The Central Government Correct answer.
  3. The Central Committee for Food Standards
  4. The Chairperson of the Authority

Explanation

Section 9 permits a member to resign by notice in writing addressed to the Central Government, which appointed the member. Resignation runs to the appointing authority, not to a fellow member or an internal officer of the Authority.

Question 30Food Safety and Standards Act, 2006 and regulatory framework

Which of the following is entrusted under the FSS Act, 2006 with the function of providing scientific advice and technical support to the Central and State Governments on matters relating to food safety?

  1. The Central Consumer Protection Authority
  2. The Food Safety and Standards Authority of India Correct answer.
  3. The Indian Council of Agricultural Research
  4. The Directorate General of Foreign Trade

Explanation

Section 16 assigns the Authority the duty of rendering scientific advice and technical support to Governments on food safety and nutrition matters. Other bodies may research or regulate allied subjects but do not carry this statutory food-safety advisory mandate.

Question 31Food Safety and Standards Act, 2006 and regulatory framework

The Central Advisory Committee constituted under the FSS Act, 2006 is primarily intended to serve which purpose?

  1. To hear first appeals against orders of Designated Officers
  2. To adjudicate food safety offences at the central level
  3. To grant licences to large food manufacturers directly
  4. To advise the Authority on technical and operational matters and ensure close cooperation with enforcement agencies Correct answer.

Explanation

Section 11 establishes the Central Advisory Committee to advise the Authority on technical and operational issues and to promote coordination among food safety enforcement agencies. It has no adjudicatory, licensing or appellate powers.

Question 32Food Safety and Standards Act, 2006 and regulatory framework

A State Government is required under the FSS Act, 2006 to appoint a Commissioner of Food Safety. What is the principal role of this officer?

  1. To set national food standards for the State
  2. To represent the State before the Supreme Court in food matters
  3. To implement food safety and standards in the State and supervise the Designated Officers and Food Safety Officers Correct answer.
  4. To conduct research on food additives and contaminants

Explanation

Section 30 empowers the State Commissioner of Food Safety to implement the Act and rules in the State, including supervision and control of Designated Officers and Food Safety Officers. Standard-setting remains with the central Authority.

Question 33Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, the Commissioner of Food Safety of a State may, for reasons to be recorded in writing, prohibit the manufacture, sale or distribution of an article of food. What is the legal basis for such a power?

  1. Section 50, which deals with penalties for unhygienic food
  2. Section 30, which empowers the Commissioner to prohibit sale of food in the interest of public health Correct answer.
  3. Section 16, which lists the functions of the central Authority
  4. Section 92, which deals with repeal of earlier enactments

Explanation

Section 30 confers on the State Commissioner power to prohibit, in the interest of public health and with recorded reasons, the manufacture, sale or distribution of any article of food in the State. It is an emergency public-health power distinct from standard-setting and penalty provisions.

Question 34Food Safety and Standards Act, 2006 and regulatory framework

A Designated Officer receives a report from a Food Safety Officer about a food business operating without a licence. What is the Designated Officer's proper course of action under the FSS Act, 2006?

  1. Cancel the operator's licence without any opportunity of being heard
  2. Directly file a criminal complaint before the Sessions Court without any notice
  3. Issue a notice to the food business operator and, after considering the reply, proceed against the operator including by way of adjudication Correct answer.
  4. Refer the matter to the Central Advisory Committee for a decision

Explanation

Section 36 requires the Designated Officer to issue a notice to the food business operator giving an opportunity to show cause, and thereafter to decide whether to improve, prohibit or initiate adjudication. This ensures natural justice before adverse action.

Question 35Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, which official is empowered to issue an improvement notice to a food business operator requiring remedial measures?

  1. The Chairperson of the Authority
  2. The Designated Officer Correct answer.
  3. The Food Analyst
  4. The Adjudicating Officer

Explanation

Section 32 empowers the Designated Officer to issue an improvement notice specifying the measures the food business operator must take within a stated period. The Food Analyst analyses samples, the Adjudicating Officer decides penalties, and the Chairperson heads the Authority.

Question 36Food Safety and Standards Act, 2006 and regulatory framework

A Food Safety Officer finds that a food business operator is carrying on business in unhygienic conditions that pose an immediate risk to public health. Which power may the Food Safety Officer exercise under the FSS Act, 2006?

  1. Permanently cancel the operator's licence without reference to any other authority
  2. Prohibit the operator from carrying on the food business until the conditions are corrected Correct answer.
  3. Prosecute the operator before the High Court directly
  4. Award compensation to affected consumers

Explanation

Section 34 empowers a Food Safety Officer, in cases of imminent risk to public health, to prohibit the food business operator from carrying on business until remedial measures are taken. This is a temporary protective measure, not a final penalty.

Question 37Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, a Food Safety Officer is required to have which of the following qualifications for appointment?

  1. A diploma in journalism with three years of experience
  2. A degree in food technology, dairy technology, biotechnology, oil technology, agricultural science, veterinary science, or an equivalent qualification prescribed by the Authority Correct answer.
  3. A degree in law with specialisation in consumer law
  4. A postgraduate degree in public administration

Explanation

Section 37 read with the prescribed rules requires a Food Safety Officer to hold a degree in food technology, dairy technology, biotechnology, oil technology, agricultural science, veterinary science, or an equivalent qualification. The role is technical and enforcement-oriented.

Question 38Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, the Food Analyst is required to analyse or examine a sample within how many days of receipt of the sample?

  1. Within seven days of receipt of the sample
  2. Within fifteen days of receipt of the sample Correct answer.
  3. Within sixty days of receipt of the sample
  4. Within thirty days of receipt of the sample

Explanation

Section 45 requires the Food Analyst to analyse or examine the sample and send a report to the Designated Officer within fifteen days of receipt. This time-bound report enables prompt enforcement and preserves the sample's evidentiary value.

Question 39Food Safety and Standards Act, 2006 and regulatory framework

A food business operator is aggrieved by a decision of the Adjudicating Officer imposing a penalty. Under the FSS Act, 2006, which remedy is available in the first instance?

  1. An appeal to the Food Safety and Standards Authority of India
  2. A writ petition directly before the Supreme Court
  3. A revision before the Central Advisory Committee
  4. An appeal to the Tribunal constituted under Section 70 Correct answer.

Explanation

Section 70 read with Section 71 provides for a Food Safety Appellate Tribunal to hear appeals against orders of the Adjudicating Officer. The Tribunal is the first appellate forum, and further appeal lies to the High Court.

Question 40Food Safety and Standards Act, 2006 and regulatory framework

Where an appeal is preferred against an order of the Adjudicating Officer before the Food Safety Appellate Tribunal, what is the prescribed period of limitation under the FSS Act, 2006?

  1. Within fifteen days from the date of receipt of the order
  2. Within ninety days from the date of receipt of the order
  3. Within thirty days from the date of receipt of the order
  4. Within sixty days from the date of receipt of the order Correct answer.

Explanation

Section 71 prescribes that an appeal against an order of the Adjudicating Officer must be preferred within sixty days of receipt of the order. The Tribunal may entertain an appeal after the period if satisfied that there was sufficient cause for the delay.

Question 41Food Safety and Standards Act, 2006 and regulatory framework

Which authority is empowered under the FSS Act, 2006 to make regulations consistent with the Act and the rules made thereunder?

  1. The Central Advisory Committee
  2. The Food Safety Appellate Tribunal
  3. The State Commissioner of Food Safety
  4. The Food Safety and Standards Authority of India Correct answer.

Explanation

Section 92 read with the rule-making provisions empowers the Authority to frame regulations on specified subjects such as standards, licensing conditions and laboratory recognition. Rules are made by the Central Government, while regulations are made by the Authority.

Question 42Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, a person who contravenes any provision of the Act or the rules or regulations for which no specific penalty is provided is liable to which general penalty?

  1. Imprisonment for a term which may extend to one year
  2. A fine which may extend to fifty thousand rupees
  3. A fine which may extend to ten lakh rupees and imprisonment up to six months
  4. A fine which may extend to two lakh rupees Correct answer.

Explanation

Section 58 provides a residuary penalty of a fine extending to two lakh rupees for contravention of any provision for which no separate penalty is prescribed. It operates as a catch-all provision for unspecified violations.

Question 43Food Safety and Standards Act, 2006 and regulatory framework

A food business operator knowingly sells food that is unsafe, and the consumption of that food has resulted in the death of a consumer. Under the FSS Act, 2006, which penalty applies?

  1. Imprisonment which may extend to three years and a fine up to one lakh rupees
  2. Imprisonment for a term which may extend to seven years and a fine which shall not be less than ten lakh rupees Correct answer.
  3. Imprisonment which may extend to six months and a fine up to fifty thousand rupees
  4. A fine of five thousand rupees only, with no imprisonment

Explanation

Section 59 prescribes the most stringent punishment where unsafe food causes death: imprisonment extending to seven years and a fine of not less than ten lakh rupees. The high minimum fine reflects the gravity of endangering human life.

Question 44Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, a person who sells food that is adulterated and such adulteration is likely to cause injury to health is punishable with imprisonment that may extend to which maximum term?

  1. Seven years
  2. Three years
  3. One year
  4. Six months Correct answer.

Explanation

Section 59 prescribes imprisonment up to six months and a fine up to one lakh rupees where adulterated food is likely to cause injury to health but does not cause death or grievous hurt. The punishment escalates with the severity of the consequence.

Question 45Food Safety and Standards Act, 2006 and regulatory framework

A person who publishes or is a party to the publication of a misleading advertisement concerning a food article faces punishment under the FSS Act, 2006. Which statement correctly describes the penalty?

  1. A fine of only five thousand rupees for every offence
  2. A fine which may extend to ten lakh rupees, and for a subsequent offence a fine up to ten lakh rupees with imprisonment up to one year Correct answer.
  3. No penalty, since advertisements are outside the Act's scope
  4. Imprisonment of up to five years for the first offence

Explanation

Section 53 penalises misleading advertisements relating to food with a fine extending to ten lakh rupees, and for a subsequent conviction with imprisonment up to one year and a fine up to ten lakh rupees. Advertisements are expressly covered by the Act.

Question 46Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, an appeal against an order of the Food Safety Appellate Tribunal lies before which forum?

  1. The Designated Officer
  2. The Central Advisory Committee
  3. The Supreme Court
  4. The High Court Correct answer.

Explanation

Section 71 provides that an appeal against an order of the Food Safety Appellate Tribunal lies to the High Court. The Tribunal is the first appellate forum and the High Court is the next statutory appellate authority.

Question 47Food Safety and Standards Act, 2006 and regulatory framework

The Food Safety and Standards Authority of India exercises its powers to regulate food imported into India in coordination with which authority under the FSS Act, 2006?

  1. The Reserve Bank of India
  2. The Ministry of Rural Development
  3. The Food Authority designated by the Central Government for imported food, in coordination with the Authority Correct answer.
  4. The Election Commission of India

Explanation

Section 25 provides that imported food articles must comply with the Act and standards, and that the Authority designated by the Central Government for imported food regulates imports in coordination with the Food Safety and Standards Authority of India. The designated authority is typically the food import regulator under the foreign trade framework.

Question 48Food Safety and Standards Act, 2006 and regulatory framework

Which statement correctly reflects the relationship between the FSS Act, 2006 and the earlier food laws such as the Prevention of Food Adulteration Act, 1954?

  1. The FSS Act operates concurrently with the PFA Act, and both continue in force
  2. The FSS Act repealed the earlier food laws, including the PFA Act, and consolidated food safety regulation in a single framework Correct answer.
  3. The PFA Act prevails over the FSS Act in case of conflict
  4. The FSS Act applies only to exported food, while the PFA Act governs domestic food

Explanation

Section 97 repeals the Prevention of Food Adulteration Act, 1954 and other enumerated enactments, with savings for pending proceedings. The Act was enacted to consolidate multiple food laws into a single, science-based regulatory framework.

Question 49Food Safety and Standards Act, 2006 and regulatory framework

Under the FSS Act, 2006, what is the effect of a licence granted to a food business operator who subsequently fails to comply with the conditions of the licence?

  1. The licence remains valid because conditions are advisory
  2. The licensing authority may suspend or cancel the licence after giving the operator an opportunity of being heard Correct answer.
  3. The licence automatically lapses without any order
  4. The licence can only be cancelled by the Supreme Court

Explanation

Section 32 read with the licensing provisions empowers the licensing authority to suspend or cancel a licence for breach of conditions after observing natural justice by hearing the operator. Licence conditions are mandatory, not advisory.

Question 50Food Safety and Standards Act, 2006 and regulatory framework

A Food Safety Officer seizes an article of food that appears unsafe. Under the FSS Act, 2006, what is the correct procedure for dealing with the seized article?

  1. The Food Safety Officer may sell the seized article to recover costs
  2. The seized article must be returned to the operator immediately without any order
  3. The seized article must be sent to the Central Advisory Committee for a decision
  4. The seized article must be produced before the Designated Officer, who may order its destruction or disposal in the manner prescribed Correct answer.

Explanation

Section 38 requires a seized article of food to be produced before the Designated Officer, who decides on its disposal, including destruction where it is unfit for consumption. The officer cannot appropriate or sell the seized article.