Foodsafetyofficer scale and promotion suggestion for fssai Central Advisory Committee meeting Agenta -(8.1.2010)

Agenda item No. 3

Taking into account the charter of activities that are to be undertaken by the State/UT Governments and also drawing up the experience of implementation of the PFA Act, the FSSAI has after thorough deliberation and consultation with various stake-holders, has worked out a model administrative structure for the implementation of the FSS Act in the States/UTs.

A note to the same is enclosed. The model structure has tried to cater to build up a scientific cadre in the States that will discharge the function of advising, enforcing, preparing food safety plan, keeping surveillance dealing with cases referred for adjudication or prosecution in courts adequate food testing facility and man power etc, However, the number of officers at each level can be adjusted according to the specific needs of the States.   CAC may consider.

SUGGESTED FOOD SAFETY SET UP IN THE STATES

To ensure achievement of the objectives of food safety, it is advisable to constitute separate department of food safety headed by senior secretary level officer. There will be a Food Safety Commissioner in each State who preferably will not be below the rank of the Joint Secretary of Government of India to plan, structure and implement the food safety initiative in the State. Under Food Safety Commissioner, there will be a cadre of Food Safety Officers/Designated Officers/Adjudicating officers and Food Analysts. The suggested set up of Food Safety Cadre is as under:

Joint Food Safety Commissioner *

(Pay Scale Rs.15600-39100/-, Grade Pay Rs. 7600/-)

(Promotional Post from Deputy Commissioner/ Other officers on deputation)

Deputy Food Safety Commissioner*

(Pay Scale Rs.15600-39100/-, Grade Pay Rs. 6600/-)

(Promotional Post from Designated Officer/ Other officers on deputation)

Designated Officer

(Pay Scale Rs.15600-39100/-, Grade Pay Rs. 5400/-)

(Promotional Post from Senior Food Safety Officer/ Other officers on deputation)

Senior Food Safety Officer *

(Pay Scale Rs.9300-34800/-, Grade Pay Rs. 4800/-)

(Promotional Post from Food Safety Officer)

Food Safety Officer

(Pay Scale 9300-34800/- , Grade Pay Rs. 4200/- ) (as per 6th pay commission)

(Rs. 6500 – Rs 10,500/- as per 5th pay commission)

(By Direct Recruitment)

( Pay scales are indicative and may be decided in accordance with the policies of the states)

Note:-

i) Direct recruitment will be at the level Food Safety Officer though State Public Service Commission.

ii) The officers may be posted anywhere in the State by the State Government depending upon the work load at the District / Zonal/ State level.

iii) Keeping in view the wide responsibilities of Food Safety Officer under the FSS Act, it is considered desirable to have all FSOs from a unified technical cadre of the State/UT. Where food safety functions are performed by Municipal Corporations / Boards and FSOs are required to work under such bodies , even such posts may be

filled up from the FSOs cadre on deputation basis.

iv) At levels above designated officer, it is desirable to have a mix of cadre officers and other officers of appropriate skills to bring in an external perspective, benchmarking vis-a-vis other departments and accountability.

v) State Government may decide:

a) Number of levels and officers indicated in the proposed structure (Annexure- I) taking into consideration the work load in the respective State / Union Territory.

b) Number of designated officers to be appointed and their jurisdiction keeping in view the workload, food clusters and consumption centres. A balance should be maintained between Designated Officers and the number of Food Safety Officers (FSOs) under them to avoid excessive work load on Food Safety Officers.

c) Whether the Food Safety Staff presently working under local bodies are qualified to be brought under the cadre or not. To avoid any dislocation of work, it may be advisable to let the existing staff continue food safety work till alternative arrangements are made. Suitable reallocation of jurisdiction may be made so that the entire state is covered.

vi) The State Government may depute Food Safety Officers and other officers in the hierarchy for training in accordance with the policy framed by FSSAI regularly in reputed institutes in order to upgrade their knowledge in the areas of food safety. Such training will also be a precondition for promotion

vii) Several States have identified qualified personnel from the existing staff to constitute a separate cadre. To develop professionalism, adequate promotion prospects and ensure deliverable improvements in food safety, constitution of a separate department and cadre would be advisable. Since the existing food safety structure in states is part of the Health Department, it may be advisable to set

up an expert group to draw up the structure most appropriate and suitable to the state. The proposed structure will not only accommodate existing incumbents but also provide for adequate channels of promotions and professional development.

Work and duties of different ranks under Food Safety and Standards Act, 2006

1. Food Safety Commissioner:- work and duties as described in Section 30 of Food Safety and Standards Act, 2006.

2. Joint Food Safety Commissioner* (Administration/ Enforcement/ Training & Development / legal):-

(i) Joint Commissioner will assist the Food Safety Commissioner in the specific field assigned by the Commissioner.

(ii) Will supervise the work of Deputy Commissioners posted at Zonal level.

(iii) May perform the delegated power of Food Safety Commissioner as defined under article 30 (3) of FSS Act, 2006, if agreed by State Government and approved by Central Government.

(iv) Any other work related to food safety management viz. Food surveillance, Food recall/ incident reporting, Food Terrorism and Rapid Alert System as directed by Food Safety Commissioner.

(v) Management of the cadre of officials , establishment, finance and other administrative matters

* Number of levels and officers to be decided by State Government taking into consideration the work load in the respective state / Union Territory and financial implications.

3. Deputy Food Safety Commissioner* (Administration/ Enforcement/ Training & Development / legal):-

(i) Deputy Commissioner will assist the Food Safety Commissioner in the specific field assigned by the Commissioner.

(ii) Will supervise the work of Designated Officers posted at District level.

(iii) May perform the delegated power of Food Safety Commissioner as defined under article 30 (3) of FSS Act, 2006, if agreed by State Government and approved by Central Government.

(iv) Any other work related to food safety management viz. Food surveillance, Food recall/ incident reporting, Food Terrorism and Rapid Alert System as directed by Joint Commissioner.

(v) Management of the cadre of officials , establishment, finance and other administrative matters

* Number of levels and officers to be decided by State Government taking into consideration the work load in the respective state / Union Territory and financial implications.

4. Designated Officer: Work and duties as described in Section 36 of the Food Safety and Standards Act, 2006. When posted in Zonal / Regional offices, Designated Officers will function on staff assignments under the control of Deputy Food Safety Commissioner.

5. Senior Food Safety Officer * (Administration/ Enforcement/ Training & Development / legal):

(i) Senior Food Safety Officer will work under direct supervision of Designated Officer in the related field as decided by the Commissioner.

(ii) May work as Food Safety Officer but may also be entrusted with a bigger jurisdiction.

(iii) May perform the delegated power of Food Safety Commissioner as defined under article 30 (3) of FSS Act, 2006, if agreed by State Government and approved by Central Government.

(iv) Any other work related to food safety management viz. Food surveillance, Food recall/ incident reporting, Food Terrorism and Rapid Alert System as directed by Designated Officer.

(v) Identifying, reporting and coordinating the cases of food poisoning, any such issues related to food safety.

* Number of levels and officers to be decided by State Government taking into consideration the work load in the respective state / Union Territory and financial implications.

6. Food Safety Officer: Work and duties as described in Section 37 of the Food Safety and Standards Act, 2006.

The following functions have been laid down in the draft FSSAI Rules/Regulations for the Food Safety Officer:-

i. To inspect as frequently as may be prescribed by the Designated Officer all establishments licensed for the manufacture, storage or sale of an article of food within the area assigned to him;

ii. To satisfy himself that the conditions of licences are being observed by each of the Food Business Operator carrying on business within the area assigned to him;

iii. To procure and send for analysis if necessary, samples of any articles of food which he has reason to suspect are being manufactured, stocked or sold or exhibited for sale in contravention of the provisions of the Act, or rules framed thereunder;

iv. To investigate any complaint which may be made to him in writing in respect of any contravention of the provisions of the Act, or rules framed thereunder;

v. To maintain a data base of all Food Business Operators within the area assigned to him;

vi. To carry out periodical inspection of each of the Food Business Operator operating within the area assigned to him and to recommend the grading of each such Business Operator on the basis of parameters laid down for the purpose;

vii. To issue improvement notices to the Food Business Operator whenever necessary;

viii. To maintain a record of all inspections made and action taken by him in the performance of his duties, including the taking of samples and seizure of stocks, and to submit copies of such records to the Designated Officer as directed in this behalf;

ix. To make such inquiries and inspections as may be necessary to detect the manufacture, storage or sale of articles of food in contravention of the Act or rules framed thereunder;

x. To stop any vehicle suspected to contain any food intended for sale or delivery for human consumption;

xi. To recommend to the Designated Officer cancellation of licence issued to any Food Business Operator, if the Food Safety Officer has reason to be believe that the Food Business Operator had violated the conditions for grant of licence;

xii. To carry out food safety surveillance to identify and correct safety hazards;

xiii. To respond to incidents of food poisoning in his area and to send report to the Designated Officer to enable him to initiate corrective action plan for non repetition of such incidents;

xiv. When so authorised by the Designated Officer, having jurisdiction in the local area concerned or the Food Safety Commissioner to detain imported packages which he has reasons to suspect contain food, the import or sale of which is prohibited;

xv. To liase with the Food Business Operators within his area of operation and facilitate the introduction of food safety systems by the Food Business Operator.

xvi. To prepare in consultation with the Designated officer and in consultation with each Panchayat and Municipality a brief food safety plan as per parameters specified in Schedule hereto and to liase with the officials of each Panchayat and Municipality for placing the food safety plan before the Council of Members of Panchayat and Municipality for the purpose of approval and implementation of such safety plan and for allocation of responsibilities for monitoring the implementation of the food safety plan.

xvii. To perform such other duties, as may be entrusted to him by the Designated Officer having jurisdiction in the local area concerned.

Note: Besides above mentioned work, Designated Officers, Deputy Commissioners and Joint Commissioners may also be given Staff assignments and posted at Zonal level and State level as decided by State Government depending upon the work load. These officers will work as coordinators between next higher officers and the

officers working at lower level. Any other work related to food safety management viz. Food surveillance, Food recall/ incident reporting, Food Terrorism and Rapid Alert System may be assigned to them. It would be advisable to ensure periodic rotation of officers between field and office assignments. No officer should remain in a jurisdiction for more than 3 years unless he completes another assignment for at least one year in another area or is promoted to a higher level.

The Annual Confidential Report of Food Safety Officer, Designated Officer and other officers should be based on the work assigned to them. The Food Authority will be proposing draft formats in this regard shortly.

Objectives of proposed set up of unified Food Safety Officer’s Cadre at District / Zonal / State level

(i) Satisfactory promotion career will result better performance / output of all officers.

(ii) Quality recruitment, training and development of a specialised technical cadre of food safety officials.

(iii) Better exposure of work at District/ Zonal/ State level for the skill development of officers.

(iv) Equal opportunity for working in Rural / Urban / difficult areas.

(v) Opportunity for contributing in policy making.

(vi) Working in different sections will result in overall development of officers and will result in shift of emphasis of officers from enforcement & penalisation to development & training.

(vii) Transfer from one department to another or to a local body will ensure that no vested interest develops at one place.

(viii) It will provide manoeuvrability to the department to post personnel according to their aptitude and performance.

Proposed Posting of Food Analyst, Chief Food Analyst and Joint Director at District/Zonal/State Level

It is also proposed that Food Analysts (Grade Pay Rs. 5,400/-), Chief Food Analyst (Grade Pay Rs. 6,600/-)

and Joint Director (Grade Pay Rs. 7,600/-) may be posted at District Level, Zonal Level, and State Level Offices in rotation with their posting in the laboratory. These officers will act as co-ordinators between Enforcement Officers and Laboratory. These officers will assist Food Safety Commissioner in identification food laboratories and research institutions for testing and calibration or any other accreditation agency to be notified by the Food Authority for the purpose of carrying out analysis of samples. These officers will also play a role in policy making, formation of schemes related to development of laboratories including infrastructure , well qualified staff, training of existing staff and may be entrusted with any other work related to food safety management viz. Food surveillance, Food recall/ incident reporting, Food Terrorism and Rapid Alert System as directed by Food Safety Commissioner.

The qualifications, training requirements and work plan for these officers will be notified by Food Authority shortly.