law: The Food Safety and Standards Act, 2006 
  42. Procedure for
  
  launching prosecution. - 
  1.     
  
    The
  
  Food Safety Officer shall be responsible for inspection of food business,
  
  drawing samples and sending them to Food Analyst for analysis.
  2.     
  
    The
  
  Food Analyst after receiving the sample from the Food Safety Officer shall
  
  analyse the sample and send the analysis report mentioning method of sampling
  
  and analysis within fourteen days to Designated Officer with a copy to
  
  Commissioner of Food Safety.
  3.     
  
    The
  
  Designated Officer after scrutiny of the report of Food Analyst shall decide as
  
  to whether the contravention is punishable with imprisonment or fine only and
  
  in the case of contravention punishable with imprisonment, he shall send his
  
  recommendations within fourteen days to the Commissioner of Food Safety for sanctioning
  
  prosecution.
  4.     
  
  
  
    The
  
  Commissioner of Food Safety shall, if he so deems fit, decide, within the
  
  period prescribed by the Central Government, as per the gravity of offence,
  
  whether the matter be referred to,-(a) a court of ordinary jurisdiction in case
  
  of offences punishable with imprisonment for a term up to three years; or(b) a
  
  Special Court in case of offences punishable with imprisonment for a term
  
  exceeding three years where such Special Court is established and in case no
  
  Special Court is established, such cases shall be tried by a court of ordinary
  
  jurisdiction.
  5.     
  
    The
  
  Commissioner of Food Safety shall communicate his decision to the Designated
  
  Officer and the concerned Food Safety Officer who shall launch prosecution
  
  before courts of ordinary jurisdiction or Special Court, as the case may be;
  
  and such communication shall also be sent to the purchaser if the sample was
  
  taken under section 40.