Fssai act Under the Food Safety and Standards Act, 2006, can a Food Business Operator (FBO) send a portion of a collected food sample to a laboratory of their choice for independent analysis?

Yes, under the Food Safety and Standards Act, 2006, a Food Business Operator (FBO) has the right to have a portion of the collected food sample analyzed by a laboratory of their choice, provided certain conditions are met.

Sample Collection and Division:

When a Food Safety Officer (FSO) collects a food sample, it is divided into four parts:

1. First Part: Sent to the Food Analyst for initial examination.

2. Second Part: Sent to the Designated Officer.

3. Third Part: Given to the vendor or person from whom the sample was taken.

4. Fourth Part: Retained for future reference or in case of disputes.

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FBO’s Right to Independent Testing:

According to Rule 2.4.5 of the Food Safety and Standards Rules, 2011, the FBO can utilize the third part of the sample (the one provided to them) for independent analysis. Best Advocate in Himachal Pradesh They may send this sample to a laboratory of their choice, provided the laboratory is either:

• NABL Accredited: Accredited by the National Accreditation Board for Testing and Calibration Laboratories.

• FSSAI Notified: Notified by the Food Safety and Standards Authority of India.

This provision allows the FBO to seek an independent assessment of the sample, which can be particularly useful if they wish to contest the findings of the initial analysis.

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Considerations:

• Accreditation: Ensure the chosen laboratory holds the necessary accreditation or notification status to perform the analysis.

• Documentation: Maintain thorough records of the sample’s handling and analysis to support any claims or appeals.

• Timeliness: Act promptly, as there may be time constraints associated with appeals or further actions based on the independent analysis.

By following this procedure, FBOs can exercise their right to an independent evaluation of food samples, ensuring transparency and fairness in the food safety regulatory process.

FAQ

1. Can a Food Business Operator (FBO) have a collected food sample analyzed independently?

Yes, according to Rule 2.4.5 of the Food Safety and Standards Rules, 2011, an FBO has the right to send a portion of a collected food sample to a laboratory of their choice for independent analysis. This is applicable when the sample is divided into four parts during collection, and the third part is provided to the vendor or person from whom the sample was taken. The FBO can utilize this portion for independent testing. ​

2. What are the requirements for the laboratory chosen by the FBO for independent analysis?

The laboratory selected by the FBO must be either:​

NABL Accredited: Accredited by the National Accreditation Board for Testing and Calibration Laboratories.​

FSSAI Notified: Notified by the Food Safety and Standards Authority of India.

3. What considerations should an FBO keep in mind when opting for independent sample analysis?

When seeking independent analysis, an FBO should:​

Verify Accreditation: Confirm that the chosen laboratory holds the necessary accreditation or notification status.​

Maintain Documentation: Keep thorough records of the sample's handling and analysis to support any claims or appeals.

Act Promptly: Be aware of any time constraints associated with appeals or further actions based on the independent analysis.