(1) The Food Authority may de-notify or derecognise any food laboratory on any of the following grounds, namely:-
(i) the food laboratory has been declared an insolvent;
(ii) the food laboratory has failed to comply with the provisions of the Act or any rules or regulations made thereunder;
(iii) the accreditation granted to a food laboratory has been suspended or cancelled by the concerned accreditation body;
(iv) the food laboratory has failed to follow the terms and conditions of the agreement;
(v) the food laboratory has failed to perform its obligation as specified in regulation 9 ;
(vi) the food laboratory has failed to provide access to their records and furnish necessary information to the Food Authority to conduct an audit or investigation;
(vii) the accreditation of food laboratory has expired and no step has been taken by such food laboratory to renew accreditation ;
(viii) the audit report or the investigation of complaint proves that the technical competency , integrity or confidentiality of the food laboratory is not satisfactory; and if:
(ix) the food laboratory has committed a fraudulent act.
12 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4]
(2) The Food Authority may, before initiating action for de-notification or de-recognition of a food laboratory under clause (ii), (iii), (iv), (v) or (vi) of sub-regulation (1), suspend, by order, the activities of such laboratory for a period of not less than six months.
(3) The Food Authority may on being satisfied that the food laboratory whose activities have been suspended under sub-regulation (2) has rectified it shortcomings, it may revoke such suspension.
(4) In case the food laboratory fails to rectify its shortcomings for which its activities have been suspended under sub-regulation (2) or where a food laboratory has been subjected to suspension for more than two times within the period of validity of its accreditation or on ground specified under clause (i), (vii), (viii) and (ix) of sub-regulations
(1), the Food Authority may de-notify or, as the case may be de-recognise such food laboratory by notification in the Official Gazette.
(5) A food laboratory which has been de-notified or de-recognised under sub-regulation (4) shall not be eligible to be notified as notified food laboratory or referral laboratory, as the case may be, and shall not apply for period of at least two years from the date of such de-notification or de-recognition as the case may be.