REPORT NO. 80

PARLIAMENT OF RAJYA SABHA

DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON HEALTH AND FAMILY WELFARE

SEVENTY EIGHTIETH REPORT The Food Safety and Standards (Amendment) Bill, 2014 (Ministry of Health and Family Welfare)

(Presented to the Rajya Sabha on 28th November, 2014) (Laid on the Table of on 28th November, 2014)

Rajya Sabha Secretariat, New Delhi November, 2014/Agrahayana, 1936 (Saka) Hindi version of this publication is also available.

PARLIAMENT OF INDIA RAJYA SABHA

DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON HEALTH AND FAMILY WELFARE

EIGHTIETH REPORT

The Food Safety and Standards (Amendment) Bill, 2014 (Ministry of Health and Family Welfare)

(Presented to the Rajya Sabha on 28th November, 2014) (Laid on the Table of Lok Sabha on 28th November, 2014)

Rajya Sabha Secretariat, New Delhi November, 2014/Agrahayana, 1936 (Saka) Website : http://rajyasabha.nic.in E-mail : [email protected] CONTENTS

PAGES

1. COMPOSITION OF THE COMMITTEE ...... (i)-(ii)

2. PREFACE ...... (iii)

3. ACRONYMS ...... (iv)

4. REPORT ...... 1—2

5. MINUTES ...... 3—15

6. ANNEXURE ...... 17—24

7. LIST OF REPORTS PRESENTED EARLIER ...... 25—29

COMPOSITION OF THE COMMITTEE (2014-15)

1. Shri Satish Chandra Misra — Chairman

RAJYA SABHA 2. Shri Ranjib Biswal 3. Shri Rajkumar Dhoot 4. Shri Vijay Goel 5. Shrimati B. Jayashree 6. Dr. R. Lakshmanan 7. Shrimati Kahkashan Perween &8. Dr. Vijaylaxmi Sadho 9. Chaudhary Munvvar Saleem 10. Dr. T.N. Seema @11. Shri Jairam Ramesh

LOK SABHA 12. Shri Thangso Baite 13. Dr. Subhash Bhamre 14. Shri Nandkumar Singh Chouhan (Nandu Bhaiya) 15. Dr. Ratna De (Nag) 16. Dr. Heena Vijaykumar Gavit 17. Dr. Sanjay Jaiswal 18. Dr. K. Kamaraj 19. Shri Arjunlal Meena 20. Shri J.J.T. Natterjee 21. Shri Chirag Paswan 22. Shri M.K. Raghavan 23. Dr. Manoj Rajoriya 24. Shri Alok Sanjar #25. Dr. Mahesh Sharma 26. Dr. Shrikant Eknath Shinde 27. Shri Raj Kumar Singh 28. Shri Kanwar Singh Tanwar 29. Shrimati Rita Tarai 30. Shri Manohar Untwal 31. Shri Akshay Yadav

& Ceased to be member of the Committee w.e.f. 28th November, 2014. @ Nominated as a member of the Committee w.e.f. 28th November, 2014. # Ceased to be member of the Committee w.e.f. 9th November, 2014.

(i) (ii)

SECRETARIAT Shri P.P.K. Ramacharyulu, Joint Secretary Shri R.B. Gupta, Director Shrimati Arpana Mendiratta, Joint Director Shri Dinesh Singh, Deputy Director Shri Pratap Shenoy, Committee Officer PREFACE

I, the Chairman of the Department-related Parliamentary Standing Committee on Health and Family Welfare, having been authorized by the Committee to present the Report on its behalf, present this Eightieth Report of the Committee on the Food Safety and Standards (Amendment) Bill, 2014*. 2. In pursuance of Rule 270 of the Rules of Procedure and Conduct of Business in the Council of States relating to the Department-related Parliamentary Standing Committees, the Chairman, Rajya Sabha, referred** the Food Safety and Standards (Amendment) Bill, 2014 (Annexure) to the Committee on the 24th February, 2014, as introduced in the Rajya Sabha on the 19th February, 2014 for examination and report within two months. However, the previous Committee could not consider the Bill and present its Report due to dissolution of the . Subsequently Hon’ble Chairman granted extended time for presentation of Report on the Bill upto 5th December, 2014. 3. The Committee held five sittings during the course of examination of the Bill, i.e., on 10th, 18th and 25th September and 19th and 27th November, 2014. 4. The Committee considered the draft Report and adopted the same on 27th November, 2014.

SATISH CHANDRA MISRA, NEW DELHI; Chairman, 27th November, 2014 Department-related Parliamentary Standing Agrahayana 6, 1936 (Saka) Committee on Health and Family Welfare

* Published in Gazette of India Extraordinary Part II Section 2, dated 19th February, 2014. ** Rajya Sabha Parliamentary Bulletin Part II, No.51823, dated 26th February, 2014.

(iii) ACRONYMS

DG (CGHS) – Director General (Central Government Health Scheme) FSS Act – Food Safety and Standards Act MB – Misc. Bench SOR – Statement of Objects and Reasons WP (C) – Writ Petition (Civil)

(iv)

1

REPORT

The Food Safety and Standards (Amendment) Bill, 2014 (hereinafter referred to as the Bill) was introduced in the Rajya Sabha on the 19th February,2014 and referred to the Department related Parliamentary Standing Committee on Health and Family Welfare on the 24th February, 2014 for examination and report thereon. 2. As per the information furnished by the Ministry of Health and Family Welfare on the Bill, the Parliament enacted the Food Safety and Standards Act, 2006 (FSS Act) to consolidate the laws relating to food in the country, to lay down science-based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import. In pursuance to the same, the Food Safety and Standards Authority of India (Food Authority) was established in 2008. The Bill seeks to amend sections 5 and 92 of the Food Safety and Standards (FSS) Act, 2006 (34 of 2006) and to insert a new section, ‘section 7A’, to tide over the difficulties, affecting the overall functioning and implementation of various provisions of the Food Safety and Standards Act, and to delineate clearly the roles of the Chairperson, and the Chief Executive Officer of the authority for its smooth functioning. It will also help in faster notification of standards of food products. 3. According to the Statement of Objects and Reasons (SOR), the Bill, proposes to: include the Chief Executive Officer in the composition of the Food Safety and Standards Authority of India; amend sub-section (1) of section 5 of FSS Act so as to provide that the provision regarding one-third members being women, shall be applicable to the members referred to in clauses (b), (c), (d), (f) and (g) of sub-section (1) of section 5 of the said Act; insert section 7A in the said Act to address the need for continuity of policies, enabling the Chairperson to guide the affairs of the Authority; amend Section 92 empowering the Authority to make regulations by notification with the previous approval of the Central Government and after previous publication by empowering the Central Government to dispense with the condition of previous publication in certain cases, in the public interest. 4. However, the said Bill could not be taken up for examination due to preoccupation of the Members of the previous Committee in the General Elections for the Sixteenth Lok Sabha and subsequent dissolution of the Committee. After the reconstitution of the Committee, the Hon’ble Chairman, Rajya Sabha had granted extension for a period of two months i.e. upto 31st October, 2014 and another extension upto 5th December, 2014 for examination and report on the Bill. 5. In the meeting of Committee held on 18th September, 2014, the Secretary, Department of Health and Family Welfare while giving presentation on the Bill informed that subsequent to introduction of the Amendment Bill, the Lucknow Bench of Allahabad High Court in the W.P.(C) No. 1717 (MB) of 2013 and the Supreme Court of India in Petition(C) No. 159/2012 directed the Government to bring appropriate amendments in the Act to deal with the food adulteration sternly. Accordingly, a note was being placed before the Cabinet for pursuing the Bill in its present form or otherwise. Thereafter, Members raised issues of reported incidents of rampant adulteration in food items highlighting the issues of unregulated sale of packaged water; adulterated milk and milk products; contents of fertilizers/pesticides/insecticides in food grains/vegetables/fruits and impressed upon the Department to take measures to check and curb such rampant food adulteration in the food items in the country. 6. Subsequently, the Department vide its communication dated 25th September, 2014 informed that the Minister had approved the proposal for withdrawal of the Bill and it would be placed before the Cabinet for consideration/approval. The Committee in its meeting held on 25th September, 2014 2 considered the proposal of the Ministry and felt that no useful purpose would be served pursuing the Bill if the Bill was to be withdrawn. The Committee, therefore, decided not to pursue the Bill till a final decision is taken by the Cabinet as to whether the Government would pursue the Bill or not. 7. The Department of Health and Family Welfare vide its communication dated 13th November, 2014 submitted before the Committee as follows: “the Cabinet in its meeting held on 05.11.2014 approved the proposal of the Department of Health and Family Welfare for withdrawing the Food Safety and Standards (Amendment) Bill, 2014 and a formal communication for withdrawal of the Bill will be sent in due course of time.” 8. The Chairman of the Committee conveyed the contents of the communication to Members of the Committee in its meeting held on 19th November, 2014. In view of the Cabinet’s decision for withdrawal of the Bill, the Committee decided not to pursue the Bill. 9. In view of the decision of the Cabinet to withdraw the Bill, the Committee observes that no useful purpose will be served in examining the Bill. The Committee, has therefore, decided not to pursue the Bill. The Committee also observes that immediate measures are required to be taken to deal with incidents of rampant adulteration in food items in the country and impresses upon the Government to give more teeth to the Food Safety and Standards Act, 2006 and the Food Authority to tackle these incidents. The Committee therefore recommends that Government may re-look into all aspects and bring a comprehensive Bill at the earliest. 3

MINUTES 4 5

I FIRST MEETING

The Committee met at 2.30 P.M. on Wednesday, the 10th September, 2014 in Room No. ‘63’, First Floor, Parliament House, New Delhi.

MEMBERS PRESENT 1. Shri Satish Chandra Misra — Chairman

RAJYA SABHA 2. Shri Ranjib Biswal 3. Shri Rajkumar Dhoot 4. Shrimati Kahkashan Perween 5. Dr. Vijaylaxmi Sadho 6. Chaudhary Munvvar Saleem 7. Dr. T.N. Seema

LOK SABHA 8. Shri Thangso Baite 9. Dr. Subhash Bhamre 10. Dr. Ratna De (Nag) 11. Dr. Heena Vijaykumar Gavit 12. Dr. Sanjay Jaiswal 13. Dr. K. Kamaraj 14. Shri Arjunlal Meena 15. Shri J.J.T. Natterjee 16. Shri Chirag Paswan 17. Shri M.K. Raghavan 18. Shri Alok Sanjar 19. Dr. Mahesh Sharma 20. Dr. Shrikant Eknath Shinde 21. Shri Raj Kumar Singh 22. Shri Kanwar Singh Tanwar 23. Shrimati Rita Tarai

SECRETARIAT Shri P.P.K. Ramacharyulu, Joint Secretary Shrimati Arpana Mendiratta, Joint Director Shri Dinesh Singh, Deputy Director Shri Pratap Shenoy, Committee Officer

5 6

I. Opening Remarks 2. * * *

II. Pending Issues 3. The Chairman then gave a brief account of the mandate and functioning of the Committee and the issues which were under consideration of the previous Committee. He also informed that the two Bills pending before the Committee, namely (i) * * * and (ii) The Food Safety and Standards (Amendment) Bill, 2014 which had been referred to the previous Committee on the 24th February, 2014 could not be examined and reported on because Members of the Committee got preoccupied with the General Elections for the . He further informed that the Committee has been given time upto 31st October, 2014 for giving Reports on both the Bills * * * 4. * * * The Chairman informed the Members that since reports on the * * * Bills mentioned above are to be given to Parliament by 31st October, 2014, the finalization of reports thereon will take precedence over other subjects. * * *.

III. Suggestions by Members

5. * * *

6. The Committee then adjourned at 3.35 P.M. to meet again on 18th September, 2014 to hear the views of Health Secretary on * * * the Bills referred to the Committee.

*** Relate to other matters. 7

II SECOND MEETING

The Committee met at 2.30 P.M. on Thursday, the 18th September, 2014 in Room No. ‘139’, First Floor, Parliament House Annexe, New Delhi.

MEMBERS PRESENT 1. Shri Satish Chandra Misra — Chairman

RAJYA SABHA 2. Shri Ranjib Biswal 3. Shri Rajkumar Dhoot 4. Shri Vijay Goel 5. Dr. R. Lakshmanan 6. Shrimati Kahkashan Perween 7. Dr. Vijaylaxmi Sadho 8. Chaudhary Munvvar Saleem 9. Dr. T.N. Seema

LOK SABHA 10. Shri Thangso Baite 11. Dr. Ratna De (Nag) 12. Dr. Sanjay Jaiswal 13. Dr. K. Kamaraj 14. Shri Arjunlal Meena 15. Shri Chirag Paswan 16. Shri M.K. Raghavan 17. Dr. Manoj Rajoriya 18. Shri Alok Sanjar 19. Dr. Mahesh Sharma 20. Dr. Shrikant Eknath Shinde 21. Shri Raj Kumar Singh 22. Shri Kanwar Singh Tanwar 23. Shrimati Rita Tarai

SECRETARIAT Shri P.P.K. Ramacharyulu, Joint Secretary Shri R.B. Gupta, Director Shrimati Arpana Mendiratta, Joint Director Shri Pratap Shenoy, Committee Officer

7 8

WITNESSES Representatives from Department of Health and Family Welfare 1. Shri Lov Verma, Secretary 2. Shri R.K. Jain, Additional Secretary and DG (CGHS) 3. Shri K. L. Sharma, Joint Secretary 4. Shri K. B. Aggarwal, Joint Secretary

Ministry of Law and Justice Representatives from Legislative Department 1. Dr. M. Vijayawargiya, Joint Secretary and Legal Counsel 2. Shri I.C. Sharma, Deputy Legislative Counsel

Representative from Department of Legal Affairs 1. Shri Dinesh Bhardwaj, Joint Secretary and Legal Advisor 2. Dr. R.J.R. Kasibhatla, Dy. Legal Adviser

I. Opening Remarks 2. The Chairman, at the outset, welcomed the Members of the Committee and informed them that in the meeting of the Committee held on 10th September, 2014, it was decided to hear the views of the Secretary, Department of Health and Family Welfare on the two Bills, namely, (i) The Food Safety and Standards (Amendment) Bill, 2014; (ii) * * * which have been referred to the Committee for examination and Report. 3. * * * 4. * * *

II. Oral evidence on (i) The Food Safety and Standards (Amendment) Bill, 2014; and (ii) * * * 5. Thereafter, the Committee heard the views of the Secretary, Department of Health and Family Welfare on the Food Safety and Standards (Amendment) Bill, 2014. The Secretary made a presentation on the Bill and enumerated the following points viz. history of Food Safety and Standards Act; amendments proposed in Food Safety and Standards (Amendment) Bill, 2014 which proposed to amend Section 5 (composition of the Food Authority); Section-7 (conditions of services of the Chairperson and Members of the Food Authority) and Section-92 (power of Food Authority to make regulations). The Secretary also brought to the notice of the Committee the subsequent developments pursuant to introduction of the amendment Bill in Rajya Sabha on 19th February, 2014, namely- observations of the Lucknow bench of Allahabad High Court in the W.P.(C) No.1717 (MB) of 2013 due to which FSS Act may need to be amended to validate actions taken by the Officers while having additional charge of Designated Officers from 6.8.2012 to 17.7.2014; the Supreme Court of India in Petition (C) No. 159/2012, directed that Government of India should think of making appropriate amendments in the Food Safety and Standards Act, 2006 to deal with food adulteration sternly; and with creation of a new State of Telangana on 2.6.2014, entries in Zone 1 of the First Schedule of the FSS Act, needs to be changed and in view of the aforesaid developments since introduction of this Bill, the matter is being placed before the Cabinet for taking a view on withdrawal of the Bill or otherwise.

*** Relates to other matters. 9

6. Members then raised queries on the Bill like- need to reduce the women members from 1/3rd of 22 members to 1/3rd of 10 members by way of proposed amendments in Section 5; need to dispense with the condition of previous publication in ‘Public Interest’, etc. Replying to the query regarding the justification behind dispensing with the condition of. previous publication of notifications concerning food products, the Secretary, Department of Health and Family Welfare submitted that this was being done to facilitate speedy notification of standards of food items. 7. Thereafter, the Chairman sought an assurance from the Secretary, Department of Health and Family Welfare that since the matter is under the consideration of the Cabinet for taking a view on withdrawal of the Bill or otherwise, the Committee may be informed of the same within a week. 8. The Committee then raised issues of reported incidents of rampant adulteration in food items and sought detailed note for consideration of the Committee within fifteen days on measures taken to tackle Food Adulteration in the country especially highlighting the issues of unregulated sale of packaged water; adulterated milk and milk products; contents of fertilizers/pesticides/ insecticides in food grains/vegetables/fruits. 9. * * * 10. A verbatim record of proceedings of the meeting of the Committee was kept.

11. The Committee then adjourned at 3.55 P.M. * * *

*** Relates to other matters. 10

III THIRD MEETING

The Committee met at 2.30 P.M. on Thursday, the 25th September, 2014 in Committee Room ‘A’, Ground Floor, Parliament House Annexe, New Delhi.

MEMBERS PRESENT 1. Shri Satish Chandra Misra — Chairman

RAJYA SABHA 2. Shri Ranjib Biswal 3. Shri Rajkumar Dhoot 4. Shri Vijay Goel 5. Shrimati B. Jayashree 6. Dr. R. Lakshmanan 7. Shrimati Kahkashan Perween 8. Dr. Vijay1axmi Sadho 9. Chaudhary Munvvar Saleem

LOK SABHA 10. Shri Thangso Baite 11. Dr. Ratna De (Nag) 12. Dr. Sanjay Jaiswal 13. Dr. K. Kamaraj 14. Shri Arjunlal Meena 15. Shri J.J.T. Natterjee 16. Shri Chirag Paswan 17. Shri M.K. Raghavan 18. Dr. Manoj Rajoriya 19. Dr. Mahesh Sharma 20. Shri Raj Kumar Singh 21. Shri Kanwar Singh Tanwar 22. Shrimati Rita Tarai 23. Shri Akshay Yadav

SECRETARIAT Shri P.P.K. Ramacharyulu, Joint Secretary Shri R. B. Gupta, Director Shrimati Arpana Mendiratta, Joint Director Shri Dinesh Singh, Deputy Director Shri Pratap Shenoy, Committee Officer

10 11

WITNESSES ** * ** *

I. Opening Remarks 2. * * * 3. The Chairman then brought to the notice of the Members, the status of the two Bills pending before the Committee viz. (i) The Food Safety and Standards (Amendment) Bill, 2014; (ii) * * *. On the Food Safety and Standards (Amendment) Bill, 2014, the Chairman informed the members that the Department of Health Welfare had informed that the Minister of Health and Family Welfare had approved the proposal for withdrawal of the Bill and it would be placed before the Cabinet for consideration/approval. The Committee accordingly felt that no useful purpose would be served pursuing the Bill, if the Bill was to be withdrawn. It was decided that the Bill may not be pursued till a final decision is received from the Cabinet. * * * 4. * * * II. * * * 5. * * * 6. * * * 7. * * * 8. * * * 9. * * * 10. A Verbatim record of the proceedings of the meeting was kept.

11. The Committee then adjourned at 4.10 P.M.

*** Relates to other matters. 12

VI SIXTH MEETING

The Committee met at 11.00 A.M. on Wednesday, the 19th November, 2014 in Committee Room ‘A’, Ground Floor, Parliament House Annexe, New Delhi.

MEMBERS PRESENT 1. Shri Satish Chandra Misra — Chairman

RAJYA SABHA 2. Shri Rajkumar Dhoot 3. Dr. Vijaylaxmi Sadho

LOK SABHA 4. Dr. Ratna De (Nag) 5. Dr. Heena Vijaykumar Gavit 6. Dr. Sanjay Jaiswal 7. Dr. K. Kamaraj 8. Shri Chirag Paswan 9. Shri Alok Sanjar 10. Dr. Shrikant Eknath Shinde 11. Shri Manohar Untwal 12. Shri Akshay Yadav

SECRETARIAT Shri P.P.K. Ramacharyulu, Joint Secretary Shri R.B. Gupta, Director Shrimati Arpana Mendiratta, Joint Director Shri Dinesh Singh, Deputy Director Shri Pratap Shenoy, Committee Officer

WITNESSES ** *

I. Opening Remarks 2. * * * The Chairman of the Committee also informed the Members that the Department of Health and Family Welfare vide its communication dated 13th November, 2014 had informed the Committee that the Cabinet in its meeting held on 05.11.2014 approved the proposal of the Department of Health and Family Welfare for withdrawing the Food Safety and Standards

*** Relates to other matters.

12 13

(Amendment) Bill, 2014. In view of the Cabinet’s approval for the withdrawal of the Bill, the Committee, decided not to pursue the Bill further. Since, as per the procedure, both the Houses of Parliament will have to be formally informed of the decision of the Committee through a Report, the Committee decided to approach the Hon’ble Chairman for granting time till 5th December, 2014 for the purpose and authorized its Chairman to take necessary action in this regard.

II. * * * 3. * * * 4. * * * 5. * * * 6. A verbatim record of the proceedings of the Meeting was kept.

7. The Committee then adjourned at 12.45 P.M.

*** Relates to other matters. 14

VII SEVENTH MEETING

The Committee met at 10.30 A.M. on Thursday, the 27th November, 2014 in Room No. ‘63’, First Floor, Parliament House, New Delhi.

MEMBERS PRESENT 1. Shri Satish Chandra Misera — Chairman

RAJYA SABHA 2. Shrimati B. Jayashree 3. Dr. Vijaylaxmi Sadho

LOK SABHA 4. Shri Thangso Baite 5. Dr. Subhash Bhamre 6. Dr. Ratna De (Nag) 7. Dr. Heena Vijaykumar Gavit 8. Dr. Sanjay Jaiswal 9. Dr. K. Kamaraj 10. Shri Arjunlal Meena 11. Shri Chirag Paswan 12. Shri M.K. Raghavan 13. Dr. Manoj Rajoriya 14. Shri Alok Sanjar 15. Dr. Shrikant Eknath Shinde 16. Shri Kanwar Singh Tanwar 17. Shrimati Rita Tarai 18. Shri Akshay Yadav

SECRETARIAT Shri P.P.K. Ramacharyulu, Joint Secretary Shri R.B. Gupta, Director Shrimati Arpana Mendiratta, Joint Director Shri Pratap Shenoy, Committee Officer

I. Opening Remarks 2. The Chairman, at the outset, welcomed the Members of the Committee and apprised them of the agenda of the meeting, i.e., to consider and adopt draft 80th Report on the Food Safety and Standards (Amendment) Bill, 2014.

14 15

II. The Food Safety and Standards (Amendment) Bill, 2014 3. The Chairman informed the Committee that with regard to the Food Safety and Standards (Amendment) Bill, 2014, the Department had informed that the Cabinet had already approved the proposal of the Department for withdrawing the Bill. In view of this, the Committee in its meeting held on 19th November, 2014 had decided not to pursue the Bill. The Committee thereafter considered Draft 80th Report on the Bill conveying its decision. After some discussion the Committee adopted the same and decided to present the Report to the Rajya Sabha and lay on the Table of the Lok Sabha on Friday, the 28th November, 2014. The Committee authorized its Chairman and in his absence, Dr. Vijaylaxmi Sadho, Member, Rajya Sabha to present the Report in Rajya Sabha, and Dr. Manoj Rajoriya, and in his absence, Shri Arjunlal Meena, Members, Lok Sabha to lay the Report on the Table of the Lok Sabha.

III. ** * 4. ** * 5. ** *

6. The Committee then adjourned at 10.55 A.M.

*** Relates to other matters.

ANNEXURE

TO BE INTRODUCED IN THE RAJYA SABHA

19 February, 2014

Bill No. X of 2014

THE FOOD SAFETY AND STANDARDS (AMENDMENT) BILL, 2014

A BILL further to amend the Food Safety and Standards Act, 2006.

BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows:—

1. (1) This Act may be called the Food Safety and Standards Short title (Amendment) Act, 2014. and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:

34 of 2006. 2. In section 5 of the Food Safety and Standards Act, 2006 Amendment of (hereinafter referred to as the principal Act), in sub-section (1),— section 5. (i) for the words “twenty-two members out of which one-third shall be women”, the words, brackets and letters “twenty-three members, and out of the members referred to in clauses (b), (c), (d), (f) and (g), one-third shall be women” shall be substituted; (ii) after clause (a), the following clause shall be inserted, namely:— “(aa) Chief Executive Officer of the Food Authority, Member-Secretary ex officio;”.

19 20

Insertion of new 3. After section 7 of the principal Act, the following section section 7A. shall be inserted, namely:—

Power of “7A. The Chairperson shall have the powers of general Chairperson. superintendence and directions in the conduct of the affairs of the Food Authority and shall, in addition to presiding over the meetings of the Food Authority, exercise and discharge such other powers and functions of the Food Authority, as may be assigned to him by the Food Authority.”.

Amendment 4. In section 92 of the principal Act, in sub-section (1), the of section 92. following proviso shall be inserted, namely:— “Provided that the Central Government may, in the public interest, by order in writing, dispense with the condition of previous publication in any case.”. 21

STATEMENT OF OBJECTS AND REASONS

The Food Safety and Standards Act was enacted in the year 2006 with a view to consolidate the laws relating to Food in the country and to establish the Food Safety and Standards Authority of India for laying down science-based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import and to ensure availability of safe and wholesome food for human consumption. 2. Sub-section (1) of section 5 of the said Act provides for the composition of the Food Authority consisting of a Chairperson and twenty-two members, which does not include the Chief Executive Officer. It is proposed to include the Chief Executive Officer in the composition of the Food Safety and Standards Authority of India. 3. Further sub-section (1) of section 5 of the said Act provides that one-third of the members shall be women in the composition of the said Authority. Out of twenty-two Members of the said Authority 12 members are nominated by the Central Ministries, Departments, the States or Union territories. It is quite difficult to ensure appointment of 1/3rd women members out of these 12 members. This makes it imperative to appoint 7 women members out of remaining 10 part-time members representing food industry, consumers’ organisations, eminent food technologists and scientists, farmers’ organisations and retailers’ organisations. Therefore, it is proposed to amend sub-section (1) of section 5 of the said Act so as to provide that the provision regarding one-third members being women, shall be applicable to the members referred to in clauses (b), (c), (d), (f) and (g) of sub-section (1) of section 5 of the said Act. 4. Section 5 of the said Act empowers the Central Government to appoint the Chairperson in such a menner so as to secure the highest standards of competence and relevant expertise. The Chairperson is expected to not only guide the organisation in its initial stages but also help in laying down systems, procedures and structures to enable the said Authority to function as per the legal mandate. The Act, however, does not specifically provide for this essential role of guiding and overseeing the work of the said Authority, though under section 16 of the Act, the said Authority is mandated to regulate and monitor the manufacture, processing, distribution, sale and import of food so as to ensure safe and wholesome food. As laid down in the preamble to the Act, it is necessary to provide a single line of command in the Food Authority to provide direction and accountability. Therefore, it is proposed to insert section 7A in the said Act to address the need for continuity

21 22 of policies, enabling the Chairperson to guide the affairs of the Food Authority. 5. The section 92 empowers the said Authority to make regulations by notification with the previous approval of the Central Government and after previous publication. It is proposed to amend the said section so as to empower the Central Government to dispense with the condition of previous publication in certain cases, in the public interest. 6. The Bill seeks to achieve the above objects.

NEW DELHI; GHULAM NABI AZAD The 13th February, 2014. 23

ANNEXURE

EXTRACTS FROM THE FOOD SAFETY AND STANDARDS ACT, 2006

(34 OF 2006)

** * * *

5. (1) The Food Authority shall consist of a Chairperson and the Composition following twenty-two members out of which one-third shall be women, of Food Authority and namely:— qualifications for (a) seven Members, not below the rank of a Joint appointment Secretary to the Government of India, to be appointed by the of its Central Government, to respectively represent the Ministries Chairperson or Departments of the Central Government dealing with— and other Members. (i) Agriculture, (ii) Commerce, (iii) Consumer Affairs, (iv) Food Processing, (v) Health, (vi) Legislative Affairs, (vii) Small Scale Industries, who shall be Members ex officio; (b) two representatives from food industry of which one shall be from small scale industries; (c) two representatives from consumer organisations; (d) three eminent food technologists or scientists; (e) five members to be appointed by rotation every three years, one each in seriatim from the Zones as specified in the First Schedule to represent the States and the Union territories; (f) two persons to represent farmers’ organisations; (g) one person to represent retailers’ organisations. ** * * *

92. (1) The Food authority may, with the previous approval Power of of the Central Government and after previous publication, by Food Authority to notification, make regulations consistent with this Act and the rules make made thereunder to carry out the provisions of this Act. regulations. ** * * *

23 24

RAJYA SABHA

A BILL further to amend the Food Safety and Standards Act, 2006.

(Shri Ghulam Nabi Azad, Minister of Health and Family Welfare)

24 25

LIST OF REPORTS PRESENTED EARLIER

Report Subject No. 12

1. Demands for Grants 2004-05 of Department of Health (Ministry of Health and Family Welfare)

2. Demands for Grants 2004-05 of Department of Family Welfare (Ministry of Health and Family Welfare) 3. Demands for Grants 2004-05 of Department of AYUSH (Ministry of Health and Family Welfare)

4. Fourth Report of the Committee on Action Taken by the Department of Health on the Recommendations/Observations contained in the First Report of the Committee on Demands-for-Grants (2004-05) of the Department of Health

5. Fifth Report of the Committee on Action Taken by the Department of Family Welfare on the Recommendations/Observations contained in the Second Report of the Committee on Demands-for-Grants (2004-05) of the Department of Family Welfare

6. Sixth Report on Action Taken by the Department of AYUSH on the Recommendations/ Observations contained in the Third Report of the Committee on Demands-for-Grants (2004-05) of the Department of AYUSH

7. Seventh Report on Demands for Grants 2005-06 of Department of Health (Ministry of Health and Family Welfare)

8. Eighth Report on Demands for Grants 2005-06 of Department of Family Welfare (Ministry of Health and Family Welfare) 9. Ninth Report on Demands for Grants 2005-06 of Department of AYUSH (Ministry of Health and Family Welfare)

10. Tenth Report on the Homoeopathy Central Council (Amendment) Bill, 2005

11. Eleventh Report on the Indian Medicine Central Council (Amendment) Bill, 2005

12. Twelfth Report on the Drugs and Cosmetics (Amendment) Bill, 2005

13. Thirteenth Report of the Committee on Action Taken by the Department of Family Welfare on the Recommendations/Observations contained in the Eighth Report of the Committee on Demands-for-Grants (2005-06) of the Department of Family Welfare

14. Fourteenth Report of the Committee on Action Taken by the Department of AYUSH on the Recommendations/Observations contained in the Ninth Report of the Committee on Demands-for-Grants (2005-06) of the Department of AYUSH

25 26

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15. Fifteenth Report of the Committee on Action Taken by the Department of Health on the Recommendations/Observations contained in the First Report of the Committee on Demands-for-Grants (2005-06) of the Department of Health

16. Demands for Grants 2006-07 of Department of Health and Family Welfare (Ministry of Health and Family Welfare)

17. Demands for Grants 2006-07 of Department of AYUSH (Ministry of Health and Family Welfare)

18. Eighteenth Report on the Indian Medicine and Homoeopathy Pharmacy Bill, 2005

19. Nineteenth Report on the Indian Medical Council (Amendment) Bill, 2005

20. Twentieth Report of the Committee on Action Taken by the Department of Health and Family Welfare on the Recommendations/Observations contained in the Sixteenth Report of the Committee on Demands-for-Grants (2006-07) of the Department of Health and Family Welfare 21. Twenty-First Report of the Committee on Action Taken by the Department of AYUSH on the Recommendations/observations contained in the Seventeenth Report of the Committee on Demands-for-Grants (2006-07) of the Department of AYUSH

22. Demands for Grants 2007-08 of Department of Health and Family Welfare (Ministry of Health and Family Welfare)

23. Demands for Grants 2007-08 of Department of AYUSH (Ministry of Health and Family Welfare)

24. Twentieth-fourth Report on JIPMER, Puducherry, Bill, 2007

25. Twentieth-fifth Report of the Committee on Action Taken by the Department of Health and Family Welfare on the Recommendations/Observations contained in the Twenty- second Report of the Committee on Demands-for-Grants (2007-08) of the Department of Health and Family Welfare

26. Twenty-sixth Report of the Committee on Action Taken by the Department of AYUSH on the Recommendations/Observations contained in the Twenty-third Report of the Committee on Demands-for-Grants (2007-08) of the Department of AYUSH 27. Demands for Grants 2008-09 of Department of Health and Family Welfare (Ministry of Health and Family Welfare) 28. Demands for Grants 2008-09 of Department of AYUSH (Ministry of Health and Family Welfare) 29. Demands for Grants 2008-09 of Department of Health Research (Ministry of Health and Family Welfare) 30. The Drugs and Cosmetics (Amendment) Bill, 2007 31. The Paramedical and Physiotherapy Central Councils Bill, 2007 32. The Clinical Establishments (Registration and Regulation) Bill, 2007 27

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33. The Post-Graduate Institute of Medical Education and Research, Chandigarh (Amendment) Bill, 2008 34. The functioning of the three Vaccine Producing PSUs, namely, the Central Research Institute (CRI), Kasauli, the Pasteur Institute of India (PII), Coonoor, and the BCG Vaccine Laboratory (BCGVL), Chennai 35. Thirty-fifth Report on Action Taken by Government on the Recommendations/ Observations contained in the Twenty Seventh Report on Demands for Grants 2008-09 of the Department of Health and Family Welfare 36. Thirty-sixth Report on Action Taken by Government on the Recommendations/ Observations contained in the Twenty eighth report on Demands for Grants 2008-09 of the Department of AYUSH 37. Thirty-seventh Report on Action Taken by Government on the Recommendations/ Observations contained in the Twenty ninth report on Demands for Grants 2008-09 of the Department of Health Research 38. Thirty-eighth Report on Major Issues concerning the three vaccine producing PSUs, Namely the Central Research Institute (CRI), Kasauli, the Pasteur Institute of India (PII), Coonoor, and the BCG Vaccine Laboratory (BCGVL), Chennai. 39. Department-related Parliamentary Standing Committee on Health and Family Welfare Thirty Ninth Report on Demands for Grants (2010-11) pertaining to the Department of Health and Family Welfare 40. Department-reated Parliamentary Standing Committee on Health and Family Welfare Fortieth Report on Demand for Grants 2010-11 of Department of AYUSH. Ministry of Health and Family Welfare. 41. Department-related Parliamentary Standing Committee on Health and Family Welfare Forty First Report on Demands for Grants 2010-11 pertaining to Department of Health Research 42. Department-related Parliamentary Standing Committee on Health and Family Welfare Forty Second Report on Demands for Grants 2010-11 pertaining to Department of AIDS Control 43. Action Taken by the Department of Health and Family Welfare on the Recommendations/Observations of the Committee contained in its Thirty-Eighth Report on major issues concerning the three vaccine producing PSUs, namely, the Central Research Institute (CRI), Kasauli, the Pasteur Institute of India (PII), Coonoor, and the BCG Vaccine Laboratory (BCGVL), Chennai 44. The Transplantation of Human Organs (Amendment) Bill, 2009 45. Issues Relating to availability of Generic, Generic-branded and Branded Medicines, their Formulation and Therapeutic Efficacy and Effectiveness 46. The Indian Medicine Central Council (Amendment) Bill, 2010 47. The Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry (Amendment) Bill, 2010 28

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48. Action Taken by Government on the Recommendations/Observations contained in the Forty-First Report on Demands for Grants 2010-11 (Demand No. 48) of the Department of Health Research 49. Action Taken by Government on the Recommendations/Observations contained in the Forty-Second Report on Demands for Grants 2010-11 of the Department of AIDS Control 50. Action Taken by Government on the Recommendations/Observations contained in the Fortieth Report on Demands for Grants 2010-11 (Demand No. 47) of the Department of AYUSH 51. Action Taken by Government on the Recommendations/Observations contained in the Thirty-Ninth Report on Demands for Grants 2010-11 (Demand No. 46) of the Department of Health and Family Welfare 52. Action Taken by the Department of Health and Family Welfare on the Recommendations/Observations of the Committee contained in its 43rd Report on Action Taken by the Department of Health and Family Welfare on the Recommendations/Observations of the Committee contained in its 38th Report on major issues concerning the three Vaccine Producing PSUs, namely, the Central Research Institute (CRI), Kasauli, the Pasteur Institute of India (PII), Coonoor, and the BCG Vaccine Laboratory (BCGVL), Chennai 53. The National Institute of Mental Health and Neuro-Sciences, Bangalore Bill, 2010 54. Demand for Grants 2012-13 (Demand No. 46) of the Department of Health and Family Welfare (Ministry of Health and Family Welfare) 55. Demands for Grants 2012-13 (Demand No. 47) of the Department of AYUSH 56. Demands for Grants 2012-13 (Demand No. 48) of the Department of Health Research 57. Demand for Grants 2012-13 (Demand No. 49) of the Department of AIDS Control 58. Action taken by the Government on the Recommendations/Observations contained in the Forty fifth Report on issues relating to availability of Generic, Generic-Branded and Branded Medicines, their formulation and Therapeutic Efficacy and Effectiveness 59. The Functioning of the Central Drugs Standard Control Organisation (CDSCO) 60. The National Commission for Human Resources For Health Bill, 2011 61. Action Taken by Government on the Recommendations/Observations contained in the Fifty-Fifth Report on Demands for Grants 2012-13 (Demand No. 47) of the Department of AYUSH 62. Action Taken by Government on the Recommendations/Observations contained in the Fifty-Seventh Report on Demands for Grants 2012-13 (Demand No. 49) of the Department of AIDS Control 63. Action Taken by Government on the Recommendations/Observations contained in the Fifty-Sixth Report on Demands for Grants 2012-13 (Demand No. 48) of the Department of Health Research (Ministry of Health and Family Welfare) 29

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64. Action taken by Government on the Recommendations/Observations contained in the Fifty-Fourth report on Demands for Grants 2012-13 (Demand No. 46) of the Department of Health and Family Welfare; 65. The Proposal to Introduce the Bachelor of Science (Community Health) Course 66. Action Taken by the Government on the Recommendations/Observations contained in the Fifty Ninth Report on the functioning of Central Drugs Standards Control Organisation (CDSCO) 67. Demands for Grants 2013-14 (Demand No. 47) of the Department of Health and Family Welfare 68. Demands for Grants 2013-14 (Demand No. 48) of the Department of AYUSH (Ministry of Health and Family Welfare) 69. Demands for Grants 2013-14 (Demand No. 49) of the Department of Health Research (Ministry of Health and Family Welfare) 70. Demands for Grants 2013-14 (Demand No. 50) of the Department of AIDS Control (Ministry of Health and Family Welfare) 71. Functioning of Central Government Health Scheme (CGHS) 72. Alleged irregularities in the Conduct of Studies Using Human Papilloma Virus (HPV) Vaccine by Path in India 73. The Indian Medical Council (Amendment) Bill, 2013 74. The Mental Health Care Bill, 2013 75. Action Taken by Government on the Recommendations/Observations contained in the Sixty-Eighth Report on Demands For Grants 2013-14 (Demand No. 48) of the Department of AYUSH 76. Action Taken by Government on the Recommendations/Observations contained in the Seventieth Report on Demands for Grants 2013-14 (Demand No. 50) of the Department of AIDS Control 77. Action Taken by Government on the Recommendations/Observations contained in the Sixty-Nineth Report on Demands for Grants 2013-14 (Demand No. 49) of the Department of Health Research 78. Action Taken by Government on the Recommendations/Observations contained in the Sixty-Seventh Report on Demands for Grants 2013-14 (Demand No. 47) of the Department of Health and Family Welfare (Ministry of Health and Family Welfare) 79. The Drugs and Cosmetics (Amendment) Bill, 2013

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