The Food Safety and Standards Act, 2006
Chapter X Adjudication and Food Safety Appellate Tribunal
68. Adjudication. -
1. For the purposes of adjudication under this Chapter, an officer not below the rank of Additional District Magistrate of the district where the alleged offence is committed, shall be notified by the State Government as the Adjudicating Officer for adjudication in the manner as may be prescribed by the Central Government.
2. The Adjudicating Officer shall, after giving the person a reasonable opportunity for making representation in the matter, and if, on such inquiry, he is satisfied that the person has committed the contravention of provisions of this Act or the rules or the regulations made there under, impose such penalty as he thinks fit in accordance with the provisions relating to that offence.
3. The Adjudicating Officer shall have the powers of a civil court and-
a. all proceedings before him shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code;
b. shall be deemed to be a court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973.
4. While adjudicating the quantum of penalty under this Chapter, the Adjudicating Officer shall have due regard to the guidelines specified in section 49.