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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.

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.

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.



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