Chapter VII - Enforcement of the Act
Section 40
Section 40: Purchaser may have food analysed
A purchaser may request Food Analyst analysis of purchased food on payment of the prescribed fee.
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This article is for general information. Refer to the Food Safety and Standards Act, 2006 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) Nothing contained in this Act shall be held to prevent a purchaser of any article of food other than a Food Safety Officer from having such article analysed by the Food Analyst on payment of such fees and receiving from the Food Analyst a report of his analysis within such period as may be specified by regulations: Provided that such purchaser shall inform the food business operator at the time of purchase of his intention to have such article so analysed: Provided further that if the report of the Food Analyst shows that the article of food is not in compliance with the Act or the rules or regulations made thereunder, the purchaser shall be entitled to get refund of the fees paid by him under this section.
(2) In case the Food Analyst finds the sample in contravention of the provisions of this Act and rules and regulations made thereunder, the Food Analysts shall forward the report to the Designated Officer to follow the procedure laid down in section 42 for prosecution.
Key takeaways
Core rule
A purchaser may request Food Analyst analysis of purchased food on payment of the prescribed fee.
Practical check
Keep the purchase notice, fee, sample and report; this private-purchaser route differs from official sampling by an officer.
Scope and operation
The purchaser must inform the operator of that intention at purchase. A report is due within the regulatory period and the fee may be refunded if the article contravenes the Act.
Applying the section
Keep the purchase notice, fee, sample and report; this private-purchaser route differs from official sampling by an officer.
Official sources
Read the consolidated Act with the enacted and commenced amendments applicable to this section.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026