law: The Food Safety and Standards Act, 2006 
  38. Powers of Food
  
  Safety Officer. - 
  1.     
  
    The
  
  Food Safety Officer may- 
  a.      take a sample-
                       
  
   i.        
  
    of
  
  any food, or any substance, which appears to him to be intended for sale, or to
  
  have been sold for human consumption; or
                      
  
  
  
   ii.        
  
    of
  
  any article of food or substance which is found by him on or in any such
  
  premises; which he has reason to believe that it may be required as evidence in
  
  proceedings under any of the provisions of this Act or of the regulations or
  
  orders made thereunder; or
  a.    
  
  
  b.     seize any article of
  
  food which appears to the Food Safety Officer to be in contravention of this
  
  Act or the regulations made thereunder; and
  c.      keep it in the safe
  
  custody of the food business operator such article of food after taking a
  
  sample; and in both cases send the same for analysis to a Food Analyst for the
  
  local area within which such sample has been taken: Provided that where the
  
  Food Safety Officer keeps such article in the safe custody of the food business
  
  operator, he may require the food business operator to execute a bond for a sum
  
  of money equal to the value of such article with one or more sureties as the
  
  Food Safety Officer deems fit and the food business operator shall execute the
  
  bond accordingly.
  1.     
  
  
  2.     
  
    The
  
  Food Safety Officer may enter and inspect any place where the article of food is
  
  manufactured, or stored for sale, or stored for the manufacture of any other
  
  article of food, or exposed or exhibited for sale and where any adulterant is
  
  manufactured or kept, and take samples of such articles of food or adulterant
  
  for analysis.
  3.     
  
    Where
  
  any sample is taken, its cost calculated at the rate at which the article is
  
  usually sold to the public shall be paid to the person from whom it is taken.
  4.     
  
  
  
    Where
  
  any article of food seized under clause (b) of sub-section (1) is of a
  
  perishable nature and the Food Safety Officer is satisfied that such article of
  
  food is so deteriorated that it is unfit for human consumption, the Food Safety
  
  Officer may, after giving notice in writing to the food business operator,
  
  cause the same to be destroyed.
  5.     
  
    The
  
  Food Safety Officer shall, in exercising the powers of entry upon, and
  
  inspection of any place under this section, follow, as far as may be, the
  
  provisions of the Code of Criminal Procedure, 1973 relating to the search or
  
  inspection of a place by a police officer executing a search warrant issued
  
  under that Code.
  6.     
  
    Any
  
  adulterant found in the possession of a manufacturer or distributor of, or
  
  dealer in, any article of food or in any of the premises occupied by him as
  
  such and for the possession of which he is unable to account to the
  
  satisfaction of the Food Safety Officer and any books of account or other
  
  documents found in his possession or control and which would be useful for, or
  
  relevant to, any investigation or proceeding under this Act, may be seized by
  
  the Food Safety Officer and a sample of such adulterant submitted for analysis
  
  to a Food Analyst: Provided that no such books of account or other documents
  
  shall be seized by the Food Safety Officer except with the previous approval of
  
  the authority to which he is subordinate.
  7.     
  
    Where
  
  the Food Safety Officer takes any action under clause (a) of sub-section (1),
  
  or sub-section (2) or sub-section (4) or sub-section (6), he shall, call one or
  
  more persons to be present at the time when such action is taken and take his
  
  or their signatures.
  8.     
  
    Where
  
  any books of account or other documents are seized under sub-section (6), the
  
  Food Safety Officer shall, within a period not exceeding thirty days from the
  
  date of seizure, return the same to the person from whom they were seized after
  
  copies thereof or extracts there from as certified by that person in such
  
  manner as may be prescribed by the Central Government have been taken: Provided
  
  that where such person refuses to so certify and a prosecution has been
  
  instituted against him under this Act, such books of account or other documents
  
  shall be returned to him only after copies thereof and extracts there from as
  
  certified by the court have been taken.
  9.     
  
    When
  
  any adulterant is seized under sub-section (6), the burden of proving that such
  
  adulterant is not meant for purposes of adulteration shall be on the person
  
  from whose possession such adulterant was seized.
  10.  
  
    The
  
  Commissioner of Food Safety may from time to time issue guidelines with regard
  
  to exercise of powers of the Food Safety Officer, which shall be binding:
  
  Provided that the powers of such Food Safety Officer may also be revoked for a
  
  specified period by the Commissioner of Food Safety.