Section 23 in The Prevention Of Food Adulteration Act, 1954
23. Power of the Central Government to make rules .- [(1) The Central Government may, after consultation with the Committee and after previous publication by notification in the Official Gazette, make rules to carry out the provisions of this Act:
Provided that consultation with the Committee may be dispensed with if the Central Government is of the opinion that circumstances have arisen which render it necessary to make rules without such consultation, but, in such a case, the Committee shall be consulted within six months of the making of the rules and the Central Government shall take into consideration any suggestions which the Committee may make in relation to the amendment of the said rules.][(1-A) ] [Sub-Section (1) renumbered as sub-Section (1-A) by Act 34 of 1976, Section 21 (w.e.f. 1-4-1976). ][In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-] [ Substituted by Act 34 of 1976, Section 21, for certain words (w.e.f. 1-4-1976).](a)specifying the articles of food or classes of food for the import of which a license is required and prescribing the form and conditions of such license, the authority empowered to issue the same [the fees payable therefor, the deposit of any sum as security for the performance of the conditions of the license and the circumstances under which such license or security may be cancelled or forfeited] [ Substituted by Act 49 of 1964, Section 13, for " and the fees payable therefor" (w.e.f. 1-3-1965).];(b)defining the standards of quality for, and fixing the limits of variability permissible in respect of any article of food;(c)laying down special provisions for imposing rigorous control over the production, distribution and sale of any article or class of articles of food which the Central Government may, by notification in the Official Gazette, specify in this behalf including registration of the premises where they are manufactured, maintenance of the premises in a sanitary condition and maintenance of the healthy state of human beings associated with the production, distribution and sale of such article or class of articles;(d)restricting the packing and labelling of any article of food and the design of any such package or label with a view to preventing the public or the purchaser being deceived or misled as to the character, quality or quantity of the article [or to preventing adulteration] [ Inserted by Act 34 of 1976, Section 21 (w.e.f. 1-4-1976).];(e)defining the qualifications, powers and duties of Food Inspectors and public analyst;(ee)[ defining the laboratories where samples of articles of food or adulterants may be analysed by public analysts under this Act;] [Inserted by Act 34 of 1976, Section 21 (w.e.f. 1-4-1976). ](f)prohibiting the sale of defining the conditions of sale of any substance which may be injurious to health when used as food or restricting in any manner its use as an ingredient in the manufacture of any article of food or regulating by the issue of licenses the manufacture or sale of any article of food;(g)defining the conditions of sale or conditions for license of sale of any article of food in the interest of public health;(h)specifying the manner in which containers for samples of food purchased for analysis shall be sealed up or fastened up;(hh)[ defining the methods of analysis;] [Inserted by Act 34 of 1976, Section 21 (w.e.f. 1-4-1976). ](i)specifying a list of permissible preservatives, other than common salt and sugar, which alone shall be used in preserved fruits, vegetables or their products or any other article of food as well as the maximum amounts of each preservative;(j)specifying the colouring matter and the maximum quantities thereof which may be used in any article of food;(k)providing for the exemption from this Act or of any requirements contained therein and subject to such conditions, if any, as may be specified, of any article or class of articles of food;(l)prohibiting or regulating the manufacture, transport or sale of any article known to be used as an adulterant of food;(m)prohibiting or regulating-(i)the addition of any water, or other diluent or adulterant to any article of food;(ii)the abstraction of any ingredient from any article of food;(iii)the sale of any article of food to which such addition or from which such abstraction has been made or which has been otherwise artificially treated;(iv)the mixing of two or more articles of food which are similar in nature or appearance;(n)providing for the destruction of such articles of food as are not in accordance with the provisions of this Act or of the rules made thereunder.(2)[ Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days ] [Substituted by Act 49 of 1964, Section 13, for sub-Section (2) (w.e.f. 1-3-1965). ][which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid] [ Substituted by Act 34 of 1976, Section 21, for certain words (w.e.f. 1-4-1976).], [both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] [Substituted by Act 49 of 1964, Section 13, for sub-Section (2) (w.e.f. 1-3-1965). ]
