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Food Adulteration under The Prevention of Food Adulteration Act 1954
The Prevention of Food Adulteration Act, 1954 aims at creating law for the prevention of adulteration of food. The Act is applicable to the entire India and came into force on 1st June 1955.
WHAT IS ADULTERATED FOOD?
An article of food shall be considered to be adulterated-
1. if the article sold by a vendor isn't of the character , substance or quality demanded by the purchaser or which it purports to be;
2. if the article contains any substance affecting its quality or of it's so processed on injuriously affect its nature, substance or quality;
3. if any inferior or lower quality substance has been substituted wholly or partly for the article, or any constituent of the article has been wholly or partly abstracted from it, so on affecting its quality or of it's so processed on injuriously affect its nature, substance or quality;
4. if the article had been prepared, packed or kept under insanitary conditions whereby it's become contaminated or injurious to health;
5. if the article consists wholly or partially of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance or being insect-infested, or is otherwise unfit for consumption by human;
6. if the article is obtained from a diseased animal;
7. if the article contains any poisonous or other substance which is injurious to health;
8. if the container of the article consists of any poisonous or deleterious substance which renders its contents injurious to health;
9. if the article contains any prohibited colouring matter or preservative, or any permitted colouring matter or preservative in more than the prescribed limits;
Thus, additions of water to exploit amount to adulteration, within the meaning of sub-clauses (b) or (c).
When Are Food Misbranded
An article of food shall be considered to be misbranded-
1. if it's an imitation of, or may be a substitute for, or resembles during a manner likely to deceive, another article of food, and isn't conspicuously labelled so on indicate its true character,
2. if it's falsely stated to be the merchandise of anywhere or country,
3. if it's sold by a reputation which belongs to a different article of food,
4. if it's so coloured, flavoured, coated, powdered or polished on conceal any damage to the article or to seem of greater value than it really is,
5. if false claims are made for it upon the label or otherwise,
6. if, when sold in sealed or prepared packages by its manufacturer, the contents of every package aren't conspicuously and properly stated on the surface thereof;
7. if the package containing it's deceptive with reference to its contents, in any manner, like label, statement, design or device which is misleading,
8. if the package containing it, or the label thereon, bears the name of a fictitious individual or company because the manufacturer or producer of the article,
9. if it purports to be, or is represented as being for special dietary uses, unless its label bears the prescribed information concerning its dietary properties,
10. if it contains any artificial flavouring, colouring or chemical preservatives without declaring an equivalent on the label, or in violation of the wants of this Act and therefore the Rules made thereunder, and
11. if it's not labelled in accordance with the wants of this Act and therefore the Rules made thereunder.
Preservative: means a substance which is added to food, is capable of inhibiting, retarding or arresting the method of fermentation, acidification or other decomposition of food.
Prohibition and Restrictions
PROHIBITION ON THE MANUFACTURE, SALE, ETC. OF CERTAIN FOOD ARTICLES
No person shall manufacture, store, sell or distribute
1. any adulterated food,
2. any misbranded food,
3. food articles to be sold under licence without fulfilling the conditions of the licence,
4. any food article the sale of which is prohibited by the Food (Health) Authority within the interest of public health,
5. any food article in contravention of the other provision of the Act or the principles , (see ‘Conditions for Sale’) or
6. any adulterant.The act of storing an adulterated article of food would be an offence only if storing is for sale. The sale of a part of the stored article constitutes an offence distinct and independent from the offence of storing for sale.
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Offences and Penalities
1. Import, manufacture, storage, sale or distribution of any food article which is adulterated by allowing its quality or purity to fall below the prescribed standard, or is misbranded, or in contravention of any provision of the Act or Rules. Penalty is minimum imprisonment of six months which will extend upto 3 years and minimum fine of Rs 1000.
2. Import, manufacture, storage, sale or distribution of any adulterant not injurious to health. Penalty is minimum imprisonment of six months which will extend upto 3 years and minimum fine of Rs 1000
3. Preventing a Food Inspector from taking a sample or exercising his powers.Penalty is minimum imprisonment of six months which will extend upto 3 years and minimum fine of Rs 1000
4. Giving a false warranty in writing in respect of any food article. Penalty is minimum imprisonment of six months that may extend upto 3 years and minimum fine of Rs 1000
5. Import, manufacture, storage, sale or distribution of any food article which is adulterated within the meaning of any of the sub-clauses(e) to (l) of section 2(ia); or any adulterant which is injurious to health. Penalty is minimum imprisonment of 1 year which will extend upto 6 years and minimum fine of Rs 2000
6. Sale or distribution of any food article containing any poisonous or other ingredient injurious to health, which is likely to cause death or grievous bodily harm. Penalty is minimum imprisonment of three years which will extend upto life and minimum fine of Rs 5000
