In exercise of the powers conferred by section 3 of
the Essential Commodities Act, 1955(10 of 1955), the Central Government here by
makes the following Order, namely.- (1) This Order may be called the
Edible Oils Packaging (Regulation),Order,1998. (2) It shall come into force on the
date of its publication in the Official Gazette. In this Order, unless the context otherwise
requires, (a) "Act" means the
Essential Commodities Act,1955(10 of 1955), (b) "Edible Oils" mean
vegetable oils and fats [1][but does
not include] any margarine,vanaspati, bakery shortening and fat speard as
specified in the Prevention of Food Adulteration Act, 1954 (37 of 1954) and
rules made thereunder, for human consumption; [2][(c) "Edible Oils
Commissioner" means the Edible Oils Commissioner appointed by the Central
Government under clause 3A and includes any other person empowered by the
Central Government to exercise any or all of the functions of the Edible Oils
Commissioner under this Order.] (d) "factory" means any
premises including the percincts thereof wherein, or in any part of which one
or more of the edible oils is packed or stored for sale; (e) "Inspecting Officer"
means an Inspecting Officer appointed under clause 8; (f)"label" means any
written, marked, stamped, printed or graphic matter affixed to or appearing
upon, any container containing any edible oil; (g) "registered paker"
means a person who has obtained a certificate of registration under sub-clause
(4) of clause 4 for carrying on business of packing of any edibale oil; (h) "registering
authority" means any officer of the State Government notified by that
Government in the Official Gazette to exercise the powers and fuctions of a
regisering authority within the lacal areas as specified in the notification
for the purposes of this Order; (i) "registration"
means registration granted to a packer under clause 4 of this Order: (j) "sample" means a
sample of any edible oil taken under the provisions of this Order; (k) "Schedule" means a
Schedule appended to this Order; (l) The words and expressions
used herein and not defined but defined in the Prevention of Food Adulteration
Act,1954(37 of 1954) and the rules made thereunder have the meanings
respectibely assigned to them in that Act and rules made thereunder. on and from the 15th day of December, 1998, no
person shall sell or expose for sale, or distribute, or offer for sale, or
despatch, or deliver to any person for the purpose of sale any edible oil.- (a) which dose not conform to the
standards of quality as provided in the Prevention of Food Adulteration
Act,1954(37 of 1954) and rules made thereunder, and (b) which is not packed in a
container, marked and labelled in the manner as specified in the Schedule-I.- (c) Provided that the State
Government may, in the public interest, for reasons to be recorded in writing
in specific circumstances and for a specific period by a notiication in the
Official Gazette, exempt any edible oil from the provisions of this Orders. [3][3A. Appointment of Edible Oils
Commissioner.? (1) The Central Government shall
appoint an officer to be an Edible Oils Commissioner to exercise any or all the
functions of Edible Oils Commissioner under this Order. (2) The Central Government may also
empower any other officer to exercise any or all the functions of the Edible
Oils Commissioner under this Order:Provided that such officer shall not be an
officer below the rank of Development Officer in the Directorate of Vanaspati,
Vegetables Oils and Fats. (3) The Edible Oils Commissioner or
any other officer to exercise the functions of an Edible Oils Commissioner
shall possess Master's degree in Chemistry preferably in Organic Chemistry or
Post-Graduate Degree in Oils Technology from a recognized University or
equivalent and should have 12 years' experience (including
executive/administrative experience) in an organization connected with Edible
Oils, Vanaspati and Fats.] (1) No person shall carry on business
as a packer except under a certificate of registration granted to him under
this Order and in accordance with the terms and conditions specified in the
Schedule-III. (2) Every person who intends to carry
on the business of a packer shall make a application to registering authority
in the Form specified in the Schedule-II together with the fee to be paid to
the State Government, in such manner as may be specified by the State
Government. (3) No person shall be eligible for
grant of certificate of registration under this Order unless he has his own
laboratory facilities and has appointed in that laboratory at least one chemist
having Bachelor of Science Degree with Chemistry as one of the subjects or has
made any other arrangement of a common laboratory for such purpose to the
satisfaction of the registering authority for testing of samples of edible
oils. (4) After making necessary enquiries,
the registering authority may, as he deems fit, issue certificate of
registration containing terms and conditions to the applicant as specified in
Schedule - III or reject the application, for reasons to be recorded in
writing, [4][within
sixty days] from the date of receipt of application. Provided that where the registrating authority
issues certificate of registration under this sub-clause, it shall forward a
copy of the certificate of registration to the Edible Oils Commissioner within
fifteen days from the date of such registration. (5) Where a certificate of
registration is not granted to a person under this clause, the fee paid by him
shall be refunded to him in the manner as specified by the State Government. (1) No registered packer shall pack
any edible oil except under and in accordance with the provisions of this
Order. (2) Every registered packer shall
pack edible oils in conformity with the sanitary and other requirements
specified in the Schedule-IV. (3) Every registered packer shall, in
regard to packing, marking and labelling the containers of edible oils, comply
with the requirements specified in the Schedule-I. (4) Notwithstanding anything
contained in sub-clauses (1) and (2), the Edible Oils Commissioner may by order
published in the Official Gazette, specify any other conditions to be complied
with by a registered packer, and it shall be the duty of every registered
packer to comply with such conditions. A certificate of registration, unless sooner
suspended or cancelled, shall be valid for a period of three years from the
date of registration. (1) Every registered packer shall
make an application for renewal of the registration within the period of sixty
days before the date of expiry of the certificate of registration to the
registering authority in the form specified in the Schedule-II together with
the fee specified by the State Government to be paid to the registering
authority in the manner as may be specified by the State Government for such
renewal. (2) On receipt of an application,
under sub-clause (1), the registering authority may renew the certificate of
registration for a further period of three years at a time. (3) Notwithstanding anything
contained in sub-clauses (1) and (2), the certificate of registration issued or
renewed under this Order shall be valid till a decision on the application for
its renewal is taken by the registering authority. The Central Government or the State Government may,
by notification in the Official Gazette, appoint such persons as it thinks fit,
having the qualifications determined by the Government for this purpose to be
Inspecting Officers for such local areas as may be assigned to them by the
Central Government or the State Government, as the case may be: Provided that no person who has any financial
interest in the packing of edible oils shall be appointed to be an Inspecting
Officer under this Order. (1) The Edible Oils Commissioner and
Inspecting Officers of the Central Government as well as of the State
Government may enter and inspect any premises or vehicle and seize stocks of
edible oils, in respect of which he has reason to believe that a contravention
of any of the provisions of this Order has been or is being or is likely to be
committed. (2) The Edible Oils Commissioner or
Inspecting Officer may enter and inspect any place where any edible oil is
packed, stored and sold and take sample of such oil for examination in the
manner as specified by the Central Government in the case of edible oils
commissioner and Inspecting Officer appointed by the Central Government or the
State Government in the case of Inspecting Officer appointed by the State
Government. (1) An edible oil sample, drawn by
the Edible Oil Commissioner or an Inspecting Officer of Central or State
Government, authorised under this Order, shall be analysed by a laboratory of
the Central or State Government or a laboratory authorised for the purpose by
the Edible Oil Commissioner. (2) [5][The laboratory shall make a
report within a period of forty days from the date of receipt of the samples
for analysis] to the Edible Oils Commissioner or any officer or authority of
the Central Government or State Government authorised in this behalf by that
Government as the case may be, of the results of analysis of the sample sent to
it for examination. (1) Every registred paker shall
furnish, by the 7th of the each following month, to the State Government, a
return in respect of edible oils packed and sold by him during a month in the
proforma as specified in the Schedule-V. (2) The State Government shall
intimate to the Edible Oils Commissionner information relating to each edible
oil packed and sold by the registered packers in the State at the end of each
following month in consolidated form. The registering authority may, after giving the
registered packer an opportunity in writing to show cause and after giving him
one month's notice,suspend a certificate of registration issued to him under
this Order for any breach of terms and conditions of the certificate of
registration or for contravention of the provisions of this Order or for any
failure to comply with any order, direction or registration made under this
Order. Provided that where the edible oil being found to
contain harmful substances such as argemone oil, mineral oil, or any other
substance injurious to human health, the certificate of registration of the
registered packer shall be suspended immediately by the registering authority
without issuing a show-cause notice. A registered packer aggrieved by any order passed
by the registering authority under this Order may appeal against such order to
the State Government within a period of thirty days from the date on which such
order has been communicated to him and the State Government shall give
opportuinty of being heard to the registered packer and the registering
authority before making any decision in such appeal. [6][The
appeal so filed may be disposed of by the State Government within a period of
ninety days from the receipt of the said appeal.] A review petition may be filed to the Edible Oils
Commissioner against the decision of the State Government under clause 13 by
any party aggrieved by such decision within thirty days from the date of such
decision and the Edible Oils Commissioner shall decide the review petition
after giving the parties in such petition the opportunity of being
heard. [7][The
review petition so filed, may be disposed of by the Edible Oils Commissioner
within a period of sixty days from the date of receipt of the said petition.] The Edible Oils Commissioner may, if he deems fit
for the purpose of giving effect to the provisions of this Order, issue such
directions which are not inconsistent with the provisions of this Order. [See Clause 5(3)] Requirements to be complied with in
regard to packing, marking and labelling of the container containing any edible
oil 1.
Every
container in which edible oil is packed shall bear the following particulars in
English or Hindi in Devnagri script : (a) the name, trade name (if any); (b) name and address of the packer; (c) the name/description of the
contents; (d) the net mass/volume of the
contents; (e) the batch No., month and year of
manufacture; and (f) registration No. Provided that nothing contained in this para, shall
prevent the use of any other language in addition to the language required
under this para. 2.
The
Registration No. shall bear three parts. The first part will be EOF. The second
part shall be the name of the concerned State Government. The third part shall
be numerical No. given by State Government to the packer. Illustration: For the State of Uttar Pradesh, it shall be,
for example. EOP/UP/001. 3.
The type
size of the matter and numericals shall be specified under the provisions of
the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. 4.
The label
shall not contain any statement or claim which is false or misleading in
respect of any edible oil contained in the package or concerning the quantity
or quality or the nutritional value of the such edible oil. 5.
Edible
oil shall be packed in conformity with the provisions of the Standards of
Weights and Measures (Packaged Commodities) Rules, 1977 and the Prevention of
Food Adulteration Act, 1954 (37 of 1954) and rules there under. [See Clauses 4(2) and 7(1)] Form Application for grant/renewal of
Certificate of Registration under the Edible Oils Packaging
(Regulation) Order, 1998 for the period commencing from ......??...to .................... 1.
Name and
address of the applicant or registered packer: 2.
Address
of the factory (i) No................................
(in case there is no premises No., the boundaries of site shall be noted) (ii) Municipality/Notified Area/Town
Area/Railway Area/Village of............................................. (iii) District
of.................................................................. (iv) State
of...................................................................... 3.
No.
....................................and dated
.................................(No. of certificate of registration, if any,
already granted under this Order). 4.
Description*
of the edible oils and fats Insert the name and nature of edible oils and fats
for which application is made for grant or renewal of certificate of
registration. 5.
Period
for which certificate of registration is required. 6.
Details
of the equipments installed for packing of edible oils and fats: 7.
Details
of laboratory testing facilities installed or arrangements made for testing of
edible oils and fats as required under sub-clause (3) of Clause 4 of this
Order: 8.
I/We
hereby undertake to comply with all the provisions of the Edible Oils
Packaging (Regulation) Order, 1998. 9.
I/We have
forwarded requisite fee in respect of grant/renewal of certificate of
registration to the registering authority in the manner as specified by the
State Government. (Signature of the applicant/registered packer) Dated : Note : Please strike out which is not applicable. [See Clause 4(4)] Certificate of Registration [Under the Edible Oils Packaging
(Regulation) Order, 1998] An application
dated...................................................... for grant/renewal
of certificate of registration under the said Order having been received from
(Name) ........................................... son of
.......................................................resident of
.............................................................. district of
..................................................... in the State of
........................................................ subject to the
provisions of the said Order and to the terms and conditions specified below,
Shri/M/s..................................................................
(Name and address of the packer) hereby granted/renewed certificate of
Registration No.
EOF/.............................,.........,...........,............. (Name of
the State/ ..................................................) (Numerical No.
allotted by the State Government) to carry on the sale of packed edible oils
and fats, namely, .....;...................,.......... (Insert the name and
nature of edible oils and fats for which certificate of registration has been
granted), as a registered packer in the premises: ( ) Signature of the registering authority Dated :.................................. Terms
and conditions of certificate of registration 1.
The
business premises where the edible oils are stored/packed for sale, shall be
maintained in proper hygienic conditions. 2.
No
registered packer shall employ any person who is suffering from
infectious/contagious disease which is likely to affect packing in hygienic
conditions. 3.
Every
registered packer shall maintain a register showing the quantity received,
packed for sale, and sold, in the form as specified by the State Government and
this register shall be produced by the registered packer to the Inspecting
Officer on demand for inspection. 4.
The
registered packer shall pack and sell edible oils which shall be free from any
adulterant and labelled in accordance with the said Order. 5.
No
article which is not intended for human consumption shall be stored or sold in
the same premises where such edible oils are stored or packed. 6.
The
Registration No. shall be displayed prominently at the entrance of the business
premises. 7.
This
certificate of registration shall be valid with effect from ...............???..... to
............................unless previously cancelled or suspended under the
provisions of this Order. 8.
These
conditions of certificate of registration are in addition to the other
conditions which may be specified under the provisions of this Order. [See Clause 5(2)] Sanitary
and other requirements to be complied with by a registered packer The factory of the registered packer shall, in the opinion of the
registering authority, be fit for packing edible oils for which the certificate
of registration is granted to him. The minimum sanitary requirements are given
below . (i) The premises of the factory of
the registered packer shall be clean, adequately lighted and ventilated,
properly transparentwashed or painted. There shall be proper and adequate
arrangements for disinfecting and deodorising in such premises and there should
preferably be space around it on all sides. (ii) The building of such factory
shall be of permanent nature and shall be of brick, masonary, cement, concrete
and any other material which would ensure cleanliness. The ceiling or roof of
such building shall be of permanent nature. The floor of such building should
be cemented, tiled or laid in stone to withstand the use of acid or alkali.
Walls of such building shall be tiled or otherwise made impervious to water up
to a height of at least 1.5 metres from the floor level. (iii) The establishment of such factory
shall be so maintained as to permit hygienic production and all operations in
connection with the packing of edible oils, be carried out carefully under
strict sanitary conditions as laid down by the State Government. The premises
of such factory shall not be used as residential premises; nor shall it have or
be capable of having direct access to such premises. (iv) There shall be an efficient
system and provision for treatment of refuse and effluents before disposal in
such factory. Such facilities shall conform to the requirements laid down by
the local water and drainage control authorities and the respective State
Pollution Control Board. (v) No person suffering from
infectious or contagious disease shall be allowed to work in the premises of
such factory. Arrangements shall be made by the registered packer to get the
staff medically examined once in six months to ensure that they are free from
infectious, contagious and other diseases. The staff working in such factory
shall be inoculated against the enteric group of disease and vaccinated against
smallpox. In case of epidemic, all workers of such factory
shall be inoculated/vaccinated. No employee of such factory who is suffering
from a hand or face injury, skin infection or clinically recognisable
infectious disease shall be permitted to work in the factory. [See Clause 11(1)] Monthly statement in respect of
edible oils stored/packed/sold under the provision
of Edible Oils Packaging (Regulation) Order, 1998 1.
Name and
address of the registered packer : 2.
Certificate
of Regulation No. : EOP/................(Name of the
State)/.................................. (Numerical No. allotted
by the State) 3.
Details
of edible oils stored/pucked/sold : Month of transaction Quantity (in quintal) of edible oil* To whom sold (with complete address) Stock in hand (In quintal) stored packed** Sold Edible oilcommodity wise Packed quantity/volumewise Dated : (Signature of the registered packer) [1]
Substituted by Notification No. GSR97(E) dt 09.02.2000 for the words ?and includes?. [2]
Inserted by Notification No. GSR684(E) dt. 22.11.2005 w.e.f 23.11.2005 ?(c) "Edible Oils Commissioner"
means the person appointed as Edible Oils Commissioner by the Central
Government and includes any other person empowered by the Central Government to
exercise any or all of the functions of the Edible Oils Commissioner under this
Order? [3]
Inserted by Notification No. GSR684(E) dt. 22.11.2005 w.e.f 23.11.2005 ?(c) "Edible Oils Commissioner"
means the person appointed as Edible Oils Commissioner by the Central
Government and includes any other person empowered by the Central Government to
exercise any or all of the functions of the Edible Oils Commissioner under this
Order? [4]
Substituted by Notification No. GSR363(E) dt. 16.06.2004 for the words ?within ninety days? [5]
Substituted by Notification No. GSR363(E) dt. 16.06.2004 for the words ?The laboratory shall make a report?. [6]
Inserted by Notification No. GSR363(E) dt. 16.06.2004. [7]
Inserted by Notification No. GSR363(E) dt. 16.06.2004.THE EDIBLE
OILS PACKAGING (REGULATION) ORDER, 1998