Section 50 in The Prevention of Food Adulteration Rules, 1955
50. Conditions for licence.
- [(1) No person shall manufacture, sell, stock, distribute or exhibit for sale any article of food, including prepared food or ready to serve food [or irradiated food] [Substituted by G.S.R. 293 (E), dated 23rd March, 1985 (w.e.f. 23-3-1985).] except under a licence:Provided that the fruit products covered under the Fruit Products Order, 1955, solvent extracted oil, deoiled meal and edible flour covered under the Solvent Extracted Oil, De-oiled Meal and Edible Flour (Control) Order, 1967, [vanaspati covered under the Vegetable Oil Products (Regulation) Order, 1998] [Substituted by G.S.R. 7 (E), dated 4th January, 2001 (w.e.f. 4-1-2001).], and meat and poultry products covered under the Meat Food Products Order, 1973, shall be exempted from the above rule:][Provided further that a producer of milk, who sells milk only to a milk cooperative society which is a member of milk co-operative Union engaged in reconstitution of milk or manufacture of milk products, shall be exempted from this sub-rule:] [Inserted by G.S.R. 543(E), dated 2nd July, 1985 (w.e.f. 2-7-1985).][Provided also that no person shall manufacture, sell, stock, distribute or exhibit for sale any article of food which has been subjected to the treatment of irradiation, except under a licence from Deptt. of Atomic Energy (Control of Irradiation of Food), under the Atomic Energy Act, 1962 (Act 33 of 1962).] [Inserted by G.S.R. 614(E), dated 9th August, 1994 (w.e.f. 9-8-1994) as corrected by G.S.R. 60(E), dated 7th February, 1995.](1A)[ One licence may be issued by the licensing authority for one or more articles of food and also for different establishments or premises in the same local area.] [Substituted by G.S.R. 290(E), dated 13th April, 1981 (w.e.f. 13-4-1981).](1B)[ The name and address of the Director or Manager, as the case may be, nominated by the company, under rule 12B shall be mentioned in the licence.] [Inserted by G.S.R. 4(E), dated 4th January, 1977.](2)The State Government or the local authority shall appoint licensing authorities.(3)A licensing authority may with the approval of the State Government or the local authority by an order in writing delegate the power to sign licenses and such other powers as may be specified in the order to any other person under his control.(4)[ If the articles of food are manufactured, stored or exhibited for sale at different premises situated in more than one local area, separate applications shall be made and a separate licence shall be issued in respect of such premises not falling within the same local area:Provided that the itinerant vendors who have no specified place of business, shall be licensed to conduct business in a particular area within the jurisdiction of the licensing authority.] [Substituted by G.S.R. 290(E), dated 13th April, 1981 (w.e.f. 13-4-1981).](5)Before granting a licence for manufacture, stock or exhibition of any of the articles of food in respect of which a licence is required, the licensing authority shall inspect the premises and satisfy itself that it is free from sanitary defects. The applicant for the licence shall have to make such alteration in the premises as may be required by the licensing authority for the grant of a licence:[Provided that the licensing authority may for reasons to be recorded in writing, refuse to grant a licence, if it is satisfied that it is necessary to do so in the interest of public health.] [Inserted by G.S.R. 1417, dated 20th September, 1976 (w.e.f. 2-10-1976).][***] [Sub-rule (6) omitted by S.R.O. 2755, dated 24th November, 1956.](7)Proprietors of [hotels, restaurants and other food stalls (including mobile and itinerant food stalls) who sell or expose for sale savouries, sweets or other articles of food] [Substituted by G.S.R. 169, dated 2nd February, 1961.] shall put up a notice board containing separate lists of the articles which have been cooked in ghee, edible oil, [vanaspati] [Substituted by G.S.R. 1340, dated 24th October, 1961.] and other fats for the information of the intending purchasers.[***] [Sub-rule (8) omitted by G.S.R. 1211, dated 9th December, 1958.](9)No licensee shall employ in his work any person who is suffering from infectious, contagious or loathsome disease.(10)No person shall manufacture, store or expose for sale or permit the sale of any article of food in any premises not effectively separated to the satisfaction of the licensing authority from any privy, urinal, sullage, drain or place of storage of foul and waste matter.(11)All vessels used for the storage or manufacture of the articles intended for sale shall have proper cover to avoid contamination.(12)Every manufacturer [including ghani operator] [Inserted by S.R.O. 2755, dated 24th November, 1956.] or wholesale dealer in butter, ghee, vanaspati, edible oils, and other fats shall maintain a register showing the quantity manufactured, received or sold and the destination of each consignment of the substances sent out from his manufactory or place of business, and shall present such register for inspection whenever required to do so by the licensing authority.(13)[ An itinerant vendor granted a licence under these rules shall carry a metallic badge on his arm showing clearly the licence number, the nature of articles for the sale of which the licence has been granted, his name and address and the name, address of the owner, if any, for whom he is working. His containers of food and the vehicle shall also be similarly marked. In addition to the metallic badge the vendor shall, if so required by the State Government or the local authority, carry an identity card with his photograph and the number of the licence. The identity card shall be renewed every year:] [Substituted by G.S.R. 169, dated 2nd February, 1961.][Provided that the whole-time employees of the companies shall not be treated as itinerant vendors for the purpose of carrying a metallic badge on their arms or obtaining separate licences if an identity card containing particulars of the valid municipal licence is carried by them.] [Inserted by G.S.R. 133, dated 23rd January, 1973.](14)The nature of articles of food for the sale of which a licence is required under these rules shall be mentioned in the application for licence. Any objectionable, ambiguous or misleading trade name shall not be approved by the licensing authority.(15)Every licensee who sells any food, shall display a notice board containing the nature of the articles which he is exposing or offering for sale.(16)[ (a) The manufacturing or packing or processing of food in any establishment, and;(b)serving food in hotel or restaurants, where twenty or more person are working on any day of preceding twelve months, shall be supervised by a person having any one of the following qualifications:-(i)a degree in Science with Chemistry or Home Science or Microbiology or Food Technology, or;(ii)diploma in Food Technology from a recognized University/Board, or;(iii)diploma in Hotel Management and Catering Technology Course of three years, or;(iv)Food Craft Course of one year run by National Council for Hotel Management and Catering Technology, or;(v)Certificate Course on food safety conducted by University/Institutions based on the course curriculum developed by Department of Health:Provided that the name of such person with his consent, signature and complete address as required under the provisions of the Prevention of Food Adulteration Act, 1954, shall be notified to the Food (Health) Authority.] [Added by G.S.R. 646(E), dated 20th October, 2005 (w.e.f. 22-10-2007).]
