The Government of Jammu and Kashmir, through the Commissioner of Food & Drug Administration (FDA), has issued an important circular to all Designated Officers (DOs) regarding the timely and proper submission of prosecution sanction recommendations in cases involving unsafe food.
This directive, titled “Recommendation for Prosecution Sanction regarding Unsafe Cases,” emphasizes strict compliance with Section 42(3) of the Food Safety and Standards (FSS) Act, 2006, which governs how and when Designated Officers must recommend cases for prosecution.
⚖️ Legal Mandate Under Section 42(3) of the FSS Act, 2006
Section 42(3) mandates that:
“The Designated Officer, after scrutiny of the report of the Food Analyst, shall decide whether the contravention is punishable with imprisonment or fine only. In the case of a contravention punishable with imprisonment, the Officer shall send recommendations within fourteen days to the Commissioner of Food Safety for sanctioning prosecution.”
The circular reiterates that this 14-day deadline must be strictly observed to ensure timely legal action in unsafe food cases.
⚠️ Issues Observed by the Commissioner
Upon reviewing multiple unsafe food cases, the Commissioner noted serious procedural lapses by some Designated Officers. These include:
- Delayed submissions: Recommendations are often sent weeks or months after receiving analysis reports from Food Analysts or referral laboratories.
- Incomplete references: Recommendations fail to clearly specify the relevant subsections of Section 59 of the FSS Act under which offences fall.
- Missing accused details: All responsible persons — including Food Business Operators (FBOs), partners, and persons in charge — are not being named in the recommendations.
- Lack of documentation: Many case files are deficient in key documents and testimonials, causing prolonged delays in the disposal of cases that are otherwise time-bound.
These deficiencies not only slow down legal processes but also weaken enforcement efforts under the Food Safety Act.
📜 Reference to FSSAI Clarification
The Food Safety and Standards Authority of India (FSSAI), in its communication No. 4(16)/2017/JK/RCD/FSSAI dated 06.08.2020, clarified that:
“Designated Officers may include a remark in their recommendation stating that the recommendation is subject to the outcome of an appeal, if preferred by the Food Business Operator (FBO), as envisaged under Section 46(4) of the FSS Act, 2006.”
This ensures that recommendations remain legally sound while respecting the right to appeal.
⏱️ Directions for Strict Compliance
To prevent further delays and eliminate unnecessary correspondence, the circular directs all Designated Officers to:
- Furnish prosecution sanction recommendations within the prescribed 14-day period as per Section 42(3) of the Act.
- Ensure recommendations are complete in all respects, including all relevant names, sections, and supporting documents.
- Attach all required documents and testimonials listed in Annexure-A to the circular.
Failure to comply will invite disciplinary action under the applicable rules against the erring Designated Officers.
⚙️ Objective of the Circular
The directive aims to:
- Strengthen food safety enforcement mechanisms in Jammu & Kashmir.
- Ensure accountability among regulatory officers.
- Reduce administrative delays in prosecuting unsafe food cases.
- Safeguard public health by expediting legal action against violators.
🧾 Conclusion
The Food & Drug Administration, J&K, has made it clear that timeliness, accuracy, and completeness in prosecution sanction recommendations are essential for upholding food safety laws. With this circular, the Government reinforces its commitment to protecting consumers from unsafe food practices and ensuring that offenders face prompt legal consequences.