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Prevention of Food Adulteration Rules

Part IX - Conditions For Sale And Licence

Section 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, irradiated food 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, Deoiled meal and Edible Flour (Control) Order 1967, Vanaspati covered under the Vegetable Oil Products (Control) Order, 1947, 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 milk cooperative society which is a member of a milk Cooperative Union engaged in re -constitution of milk or manufacture of milk products, shall be exempted, from this sub-rule.
"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) Rules 1991 under the Atomic Energy Act. 1962 (Act 33 of 1962)".

(1-A) 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.
(1-B) The name and address of the Director or Manager, as the case may be nominated by the company under Rule 12-B shall be mentioned in the licence].

(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 licences 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 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.
(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 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.
(6) Omitted.
(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) shall put up a notice board containing separate lists of the articles which have been cooked in ghee, edible oil, vanaspati and other fats for the information of the intending purchasers.
(8) Omitted.
(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 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:
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.
(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.