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Food safety and standard act and food adulteration act

Querist : Anonymous (Querist) 22 October 2011 This query is : Resolved 
my case under prevention of food adulteration act is pending before Ld. M.M., the new act food safety and standards act, 2006 come into effect on August 2011, whether the case pending before Ld.M.M. will transferred under the Food safety or not ? or what will be effect on my case , wheather the case will go under food safety and standards act or prevention of food adulteration act, please go through the provision under section 89, 97, chapter X, of food safety and standards act , section 6 general clause act, in my opinion my case will go as it is under the prevention of food adulteration act, 1954. please suggest me right advise with reasoned ? thanks
ajay sethi (Expert) 22 October 2011
section 97 of new food safet act 2006 provides (iii) any penalty, forfeiture or punishment incurred in respect of any offences
committed against the enactment and orders under repeal ; or
(iv) any investigation or remedy in respect of any such penalty, forfeiture or
punishment,
and any such investigation, legal proceedings or remedy may be instituted, continued or
enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had
not been passed:
in your case prosecution has already been launched it will continue to be governed by rpovisions of food aduleration act 1954
Shailesh Kr. Shah (Expert) 22 October 2011
already replied.


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