Section 47(1) in The Food Safety And Standards Act, 2006
(1)When a Food Safety Officer takes a sample of food for analysis, he shall-(a)give notice in writing of his intention to have it so analysed to the person from whom he has taken the sample and to the person, if any, whose name, address and other particulars have been disclosed;(b)except in special cases as may be provided by rules made under this Act, divide the sample into four parts and mark and seal or fasten up each part in such a manner as its nature permits and take the signature or thumb impression of the person from whom the sample has been taken in such place and in such manner as may be prescribed by the Central Government:Provided that where such person refuses to sign or put his thumb impression, the Food Safety Officer shall call upon one or more witnesses and take his signature or thumb impression, in lieu of the signature or thumb impression of such person;(c)(i)send one of the parts for analysis to the Food Analyst under intimation to the Designated Officer;(ii)send two parts to the Designated Officer for keeping these in safe custody; and(iii)send the remaining part for analysis to an accredited laboratory, if so requested by the food business operator, under intimation to the Designated Officer:Provided that if the test reports received under sub-clauses (i) and (iii)are found to be at variance, then the Designated Officer shall send one part of the sample kept in his custody, to referral laboratory for analysis, whose decision thereon shall be final.
