50. Conditions of licence.- 1(l) No person shall manufacture, sell, stock’ distribute or exhibit for sale any article of food, including prepared food or ready to serve food, 2[irradiated food] except under a licence:
Provided that the fruit products covered under the Fruit Products Order, 1955, solvent extracted oil, de-oiled meal, edible flour covered under the Solvent Extracted Oil, De-oiled Meat and Edible Flour (Control) Order, 1967, vanaspati covered under the Vegetable oil Products Control Order, 1947, and meat and poultry products covered under the Meat Food Products Order, 1973, shall be exempted from the above rule]:
3[Provided further that a producer of milk, who sells milk only to a milk Co-operative society which is a member of a milk Co-operative union engaged in reconstitution of milk or manufacture of milk products, shall be exempted from this rule).
4[Provided also that no person shall manufacture, sell, stock, distribute or exhibit for sale any article of food which has been subjected to the treatment of irradiation, except under a licence from Deptt. of Atomic Energy (Control of Irradiation of Food) Rules, 1991, under the Atomic Energy Act, 1962 (Act 33 of 1962)].
5[(l -A)One licence may be issued by the licensing authority for one or more articles of food and also for different establishments or premises in the same local area.]
6[(l -B) The name and address of the director or manager, as the case may be. nominated by the company under rule 12-B shall be mentioned in the licence.]
(2) The State Government or the local authority shall appoint licensing authorities.
(3) A licensing authority may, with the approval of the State Government or local authority by an order in writing, delegate the power to sign licences and such other power as may be specified in the order to any other person under his control..
2[(4) If the articles of food are manufactured, stored, or exhibited for sale at different premises situated in more than one local area, separate applications shall be made and a separate licence shall be issued in respect of such premises not falling within the same local area:
Provided that the itinerant vendors who have no specified place of business, shall be licensed to conduct business in a particular area within the jurisdiction of the licensing authority.]
(5) Before granting a licence for manufacture, stock or exhibition of any of the articles of food in respect of which a licence is required, the licensing authority shall inspect the premises and satisfy itself that it is free from sanitary defects. The applicant for the licence shall have to make such alteration in the premises as may be required by the licensing authority for the grant of a licence:
7[Provided that a licensing authority may, for reasons to be recorded in writing refuse to grant a licence, if it is satisfied that it is necessary to do so in the interest of public health.]
8[(6) * * * * * * * ]
9[(7) Proprietors of hotels, restaurants and other food stalls (including mobile and itinerant food stalls) who sell or expose for sale savouries, sweets or other articles of food shall put up a notice-board containing separate lists of the articles which have been cooked in ghee, edible oil, vanaspati and other fats for information of the intending purchasers.
10[(8) * * * * * * * ]
(9) No licensee shall employ in his work any person who is suffering from infectious, contagious or loathsome disease.
(10) No person shall manufacture, store or expose for sale or permit the sale of any article of food in any premises not effectively separated to the satisfaction of the licensing authority from any privy, urinal, sullage, drain or place or storage or foul and waste matter.
(11) All vessels used for the storage or manufacture of the articles intended for sale have proper cover to avoid contamination.
(12) Every manufacturer 11[(including ghani operator)] or wholesale dealer of butter, ghee, vanaspati edible oil, and other fats, shall maintain a register showing the quantity manufactured, received or sold and the destination of each consignment of the substances sent out from his manufactory or place of business, and shall present such register for inspection whenever required to do so by the licensing authority.
12[(13) An itinerant vendor granted a licence under these rules, shall carry a metallic badge on his arm showing clearly the licence number, the nature of articles for the sale of which the licence has been granted, his name and address and the name and address of the owner, if any, for whom he is working. His containers of food and the vehicle shall also be similarly marked. In addition to the metallic badge the vendor shall, if so required by the State Government or the local authority, carry an identity card with his photograph and the number of the licence. The identity card shall be renewed every year:
13[Provided that the whole time employees of the companies shall not be treated as itinerant vendors for the purpose of carrying metallic badge on their arms or obtaining separate licences if any identity card containing particulars of the valid municipal licence is carried by them.]
(14) The nature of the articles of food for the sale of which a licence is required under these rules shall be mentioned in the application for licence. Any objectionable, ambiguous or misleading trade name shall not be approved by the licensing authority.
(15) Every licensee who sells any food shall display a notice-board containing the nature of the articles which he is exposing or offering for sale.
1. Subs. by G.S.R. 293 (E), dated 23rd March, 1985.
2. Subs. by G.S.R. 290 (E), dated 13th April, 1981.
3. Ins. by G.S.R. 543 (E), dated 2nd July, 1985 (w.e.f. 2nd July, 1985).
4. Ins. by G.S.R. 614 (E), dated 9th August, 1994.
5. Subs. by G.S.R. 290 (E), dated 13th April, 1981.
6. Ins. by G.S.R. 4 (E), dated 4th January, 1977.
7. Added by G.S.R. 1917, dated 20th September, 1976, published in the Gazette of India. Pt. II, dated 2nd October, 1976.
8. Omitted by S.R.O. 2755, dated 10th November, 1956.
9. Subs. by G.S.R. 169, dated 11th February, 1961 and G.S.R. 1340, dated 4th November,1961.
10. Omitted by G.S.R. 1211, dated 9th November, 1956.
11. Ins. by S.R.O. 2755 dated 20th November, 1956.
12. Subs. by G.S.R. 169. dated 2nd February, 196 1.
13. Ins. by G.S.R. 133, dated 23rd January, 1973.
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