Section 34:
Emergency prohibition notices and orders.
(1) If the Designated Officer is satisfied that the
health risk condition exists with respect to any food business, he may, after a notice served on the food
business operator (in this Act referred to as an "emergency prohibition notice"), apply to the
Commissioner of Food Safety for imposing the prohibition.
(2) If the Commissioner of Food Safety is satisfied, on the application of such an officer, that the
health risk condition exists with respect to any food business, he shall, by an order, impose the
prohibition.
(3) The Designated Officer shall not apply for an emergency prohibition order unless, at least one day
before the date of the application, he has served notice on the food business operator of the business of his
intention to apply for the order.
(4) As soon as practicable after the making of an emergency prohibition order, the Designated Officer
shall require the Food Safety Officer to--
(a) serve a copy of the order on the food business operator of the business; or
(b) affix a copy of the order at a conspicuous place on such premises used for the purposes of that
business;and any person who knowingly contravenes such an order shall be guilty of an offence and shall be
punishable with imprisonment for a term which may extend to two years and with fine which may extend
to two lakh rupees.
(5) An emergency prohibition order shall cease to have effect on the issue by the Designated Officer
of a certificate to the effect that he is satisfied that the food business operator has taken sufficient
measures for justifying the lifting of such order.
(6) The Designated Officer shall issue a certificate under sub-section (5) within seven days of an
application by the food business operator for such a certificate and on his being not satisfied, the said
officer shall give notice to the food business operator within a period of ten days indicating the reasons
for such decision.