THE PREVENTION OF FOOD ADULTERATION
ACT, 1954
Source: https://indiankanoon.org
1. Short title, extent and
commencement.—
(1) This Act may be called the
Prevention of Food Adulteration Act, 1954.
(2) It extends to the whole of India
1 [***].
(3) It shall come into force on such
date 2 as the Central Government may, by notification in the Official Gazette,
appoint.
2. Definitions.—In this Act unless
the context otherwise requires,—
3 [(i) “adulterant” means any
material which is or could be employed for the purposes of adulteration;]
4 [(ia) ] “adulterated”—an article of
food shall be deemed to be adulterated—
(a) if the article sold by a vendor
is not of the nature, substance or quality demanded by the purchaser and is to
his prejudice, or is not of the nature, substance or quality which it purports
or is represented to be;
(b) if the article contains any other
substance which affects, or if the article is so processed as to affect,
injuriously the nature, substance or quality thereof;
(c) if any inferior or cheaper
substance has been substituted wholly or in part for the article so as to
affect injuriously the nature, substance or quality thereof;
(d) if any constituent of the article
has been wholly or in part abstracted so as to affect injuriously the nature,
substance or quality thereof;
(e) if the article had been prepared,
packed or kept under insanitary conditions whereby it has become contaminated
or injurious to health;
(f) if the article consists wholly or
in part of any filthy, putrid, 3[***], rotten, decomposed or diseased animal or
vegetable substance or is insect-infested or is otherwise unfit for human
consumption; 1[***], rotten, decomposed or diseased animal or vegetable
substance or is insect-infested or is otherwise unfit for human
consumption;"
(g) if the article is obtained from a
diseased animal;
(h) if the article contains any
poisonous or other ingredient which renders it injurious to health;
(i) if the container of the article
is composed, whether wholly or in part, of any poisonous or deleterious
substance which renders its contents injurious to health;
5 [(j) if any colouring matter other
than that prescribed in respect thereof is present in the article, or if the
amounts of the prescribed colouring matter which is present in the article are
not within the prescribed limits of variability;]
(k) if the article contains any
prohibited preservative or permitted preservative in excess of the prescribed
limits;
6 [(l) if the quality or purity of
the article falls below the prescribed standard or its constituents are present
in quantities not within the prescribed limits of variability, but which
renders it injurious to health;]
(m) if the quality or purity of the
article falls below the prescribed standard or its constituents are present in
quantities not within the prescribed limits of variability but which does not
render it injurious to health: Provided that, where the quality or purity of
the article, being primary food, has fallen below the prescribed standards or
its constituents are present in quantities not within the prescribed limits of
variability in either case, solely due to natural causes and beyond the control
of human agency, then, such article shall not be deemed to be adulterated
within the meaning of this sub-clause. Explanation.—Where two or more articles
of primary food are mixed together and the resultant article of food—
(a) is stored, sold or distributed
under a name which denotes the ingredients thereof; and
(b) is not injurious to health, then,
such resultant article shall not be deemed to be adulterated within the meaning
of this clause;
(ii) “Central Food Laboratory” means
any laboratory or institute established or specified under section 4;
(iii) “Committee” means the Central
Committee for Food Standards constituted under section 3;
(iv) “Director of the Central Food
Laboratory” means the person appointed by the Central Government by
notification in the Official Gazette as the Director of the Central Food
Laboratory and includes any person appointed by the Central Government in like
manner to perform all or any of the functions of the Director under this Act: 7
[Provided that no person who has any financial interest in the manufacture,
import or sale of any article of food shall be appointed to be a Director under
this clause;]
8 [(v) “food” means any article used
as food or drink for human consumption other than drugs and water and includes—
(a) any article which ordinarily
enters into, or is used in the composition or preparation of, human food,
(b) any flavouring matter or
condiments, and
(c) any other article which the
Central Government may, having regard to its use, nature, substance or quality,
declare, by notification in the Official Gazette, as food for the purposes of
this Act;]
8 [(vi) “Food (Health) Authority”
means the Director of Medical and Health Services or the Chief Officer
in-charge of Health administration in a State, by whatever designation he is
known, and includes any officer empowered by the Central Government or the
State Government, by notification in the Official Gazette, to exercise the
powers and perform the duties of the Food (Health) Authority under this Act
with respect to such local area as may be specified in the notification;]
(vii) “local area” means any area,
whether urban or rural, declared by 9 [the Central Government or the State
Government] by notification in the Official Gazette, to be a local area for the
purposes of this Act;
(viii) “local authority” means in the
case of :—
(1) a local area which is—
(a) a municipality, the municipal
board or municipal corporation;
(b) a cantonment, the cantonment authority;
(c) a notified area, the notified
area committee;
(2) any other local area, such
authority as may be prescribed by 9 [the Central Government or the State
Government] under this Act;
7 [(viiia) “Local (Health)
Authority”, in relation to a local area, means the officer appointed by the
Central Government or the State Government, by notification in the Official
Gazette, to be in-charge of Health administration in such area with such
designation as may be specified therein;
(viiib) “manufacture” includes any
process incidental or ancillary to the manufacture of an article of food;]
(ix) “misbranded”— an article of food
shall be deemed to be misbranded—
(a) if it is an imitation of, or is a
substitute for, or resembles in a manner likely to deceive, another article of
food under the name of which it is sold, and is not plainly and conspicuously
labelled so as to indicate its true character;
(b) if it is falsely stated to be the
product of any place or country;
(c) if it is sold by a name which
belongs to another article of food;
(d) if it is so coloured, flavoured
or coated, powdered or polished that the fact that the article is damaged is
concealed or if the article is made to appear better or of greater value than
it really is;
(e) if false claims are made for it
upon the label or otherwise;
(f) if, when sold in packages which
have been sealed or prepared by or at the instance of the manufacturer or
producer and which bear his name and address, the contents of each package are
not conspicuously and correctly stated on the outside thereof within the limits
of variability prescribed under this Act;
(g) if the package containing it, or
the label on the package bears any statement, design or device regarding the
ingredients or the substances contained therein, which is false or misleading
in any material particular; or if the package is otherwise deceptive with
respect to its contents;
(h) if the package containing it or
the label on the package bears the name of a fictitious individual or company
as the manufacturer or producer of the article;
(i) if it purports to be, or is
represented as being, for special dietary uses, unless its label bears such
information as may be prescribed concerning its vitamin, mineral, or other
dietary properties in order sufficiently to inform its purchaser as to its
value for such uses;
(j) if it contains any artificial
flavouring, artificial colouring or chemical preservative, without a
declaratory label stating that fact, or in contravention of the requirements of
this Act or rules made thereunder;
(k) if it is not labelled in
accordance with the requirements of this Act or rules made thereunder;
(x) “package” means a box, bottle,
casket, tin, barrel, case, receptacle, sack, bag, wrapper or other thing in
which an article of food is placed or packed;
(xi) “premises” include any shop, stall,
or place where any article of food is sold or manufactured or stored for sale;
(xii) “prescribed” means prescribed
by rules made under this Act;
10 [(xiia) “primary food” means any
article of food, being a produce of agriculture or horticulture in its natural
form;]
(xiii) “sale” with its grammatical
variations and cognate expressions, means the sale of any article of food,
whether for cash or on credit or by way of exchange and whether by wholesale or
retail, for human consumption or use, or for analysis, and includes an
agreement for sale, an offer for sale, the exposing for sale or having in
possession for sale of any such article, and includes also an attempt to sell
any such article;
(xiv) “sample” means a sample of any
article of food taken under the provisions of this Act or of any rules made
thereunder;
(xv) the word “unwholesome” and
“noxious” when used in relation to an article of food mean respectively that
the article is harmful to health or repugnant to human use.
11 [2A. Rule of construction.—Any
reference in this Act to a law which is not in force in the State of Jammu and
Kashmir shall, in relation to that State, be construed as a reference to the
corresponding law, if any, in force in that State.]
3. The Central Committee for Food
Standards.—
(1) The Central Government shall, as
soon as may be after the commencement of this Act, constitute a Committee
called the Central Committee for Food Standards to advise the Central
Government and the State Governments on matters arising out of the administration
of this Act and to carry out the other functions assigned to it under this Act.
(2) The Committee shall consist of
the following members, namely :—
(a) the Director-General, Health
Services, ex-officio, who shall be the Chairman;
12 [(b) the Director of the Central
Food Laboratory or, in a case where more than one Central Food Laboratory is
established, the Directors of such Laboratories, ex-officio;]
(c) two experts nominated by the
Central Government;
13 [(d) one representative each of
the Departments of Food and Agriculture in the Central Ministry of Food and
Agriculture and one representative each of the Central Ministries of Commerce,
Defence, Industry and Supply and Railways, nominated by the Central
Government;]
(e) one representative each nominated
by the Government of each 14 [***] State;
(f) two representatives nominated by
the Central Government to represent the 15 [Union territories]; 5[(g) one
representative each, nominated by the Central Government, to represent the
agricultural, commercial and industrial interests;
(gg) five representatives nominated
by the Central Government to represent the consumer's interests, one of whom
shall be from the hotel industry;]
(h) one representative of the medical
profession nominated by the Indian Council of Medical Research;
17 [(i) one representative nominated
by the Indian Standards Institution referred to in clause (e) of section 2 of
the Indian Standards Institution (Certification Marks) Act, 1952 (36 of 1952).]
(3) The members of the Committee referred
to in clauses (c), (d), (e), (f), 18 [ 19 [(g), (gg),] (h), and (i)] of
sub-section (2) shall, unless their seats become vacant earlier by resignation,
death or otherwise, be entitled to hold office for three years and shall be
eligible for renomination.
(4) The functions of the Committee
may be exercised notwithstanding any vacancy therein.
(5) The Committee may appoint such
and so many sub-committees as it deems fit and may appoint to them persons who
are not members of the Committee to exercise such powers and perform such
duties as may, subject to such conditions, if any, as the Committee may impose,
be delegated to them by the Committee.
(6) The Committee may, subject to the
previous approval of the Central Government, make bye laws for the purpose of
regulating its own procedure and the transaction of its business.
20 [3A. Appointment of Secretary and
other staff.—
(1) The Central Government shall
appoint a Secretary, to the Committee who shall, under the control and
direction of the Committee, exercise such powers and perform such duties as may
be prescribed or as may be delegated to him by the Committee.
(2) The Central Government shall
provide the Committee with such clerical and other staff as that Government
considers necessary.]
4. Central Food Laboratory.— 21 [
(1) The Central Government shall, by
notification in the Official Gazette, establish one or more Central Food
Laboratory or Laboratories to carry out the functions entrusted to the Central
Food Laboratory by this Act or any rules made under this Act: Provided that the
Central Government may, by notification in the Official Gazette, also specify
any laboratory or institute as a Central Food Laboratory for the purposes of
this Act.]
(2) The Central Government may, after
consultation with the Committee, make rules prescribing—
22 [(a) the functions of a Central
Food Laboratory and the local area or areas within which such functions may be
carried out;]
(b) the procedure for the submission
to the said Laboratory of samples of articles of food for analysis or tests,
the forms of the Laboratory’s reports thereon and the fees payable in respect
of such reports;
(c) such other matters as may be
necessary or expedient to enable the said laboratory to carry out its
functions.
5. Prohibition of import of certain
articles of food.—No person shall import into India—
(i) any adulterated food;
(ii) any misbranded food;
(iii) any article of food for the
import of which a licence is prescribed, except in accordance with the
conditions of the licence; and
(iv) any article of food in
contravention of any other provision of this Act or of any rule made
thereunder.
6. Application of law relating to sea
customs and powers of Customs Officers.—
(1) The law for the time being in
force relating to sea customs and to goods, the import of which is prohibited
by section 18 of the Sea Customs Act, 1878 (8 of 1878), shall, subject to the
provisions of section 16 of this Act, apply in respect of articles of food, the
import of which is prohibited under section 5 of this Act, and officers of
Customs and officers empowered under that Act to perform the duties imposed
thereby on a 23 [Commissioner of Customs] and other officers of Customs shall
have the same powers in respect of such articles of food as they have for the
time being in respect of such goods as aforesaid.
(2) Without prejudice to the
provisions of sub-section (1) the 23 [Commissioner of Customs], or any officer
of the Government authorised by the Central Government in this behalf, may
detain any imported package which he suspects to contain any article of food
the import of which is prohibited under section 5 of this Act and shall
forthwith report such detention to the Director of the Central Food Laboratory
and, if required by him, forward the package or send samples of any suspected
article of food found therein to the said Laboratory.
7. Prohibitions of manufacture, sale,
etc., of certain articles of food.—No person shall himself or by any person on
his behalf manufacture for sale, or store, sell or distribute—
(i) any adulterated food;
(ii) any misbranded food;
(iii) any article of food for the
sale of which a licence is prescribed, except in accordance with the conditions
of the licence;
(iv) any article of food the sale of
which is for the time being prohibited by the Food (Health) Authority 24 [in
the interest of public health;] 25 [***]
(v) any article of food in
contravention of any other provision of this Act or of any rule made
thereunder; 26 [or]
26 [(vi) any adulterant.] 26
[Explanation.—For the purposes of this section, a person shall be deemed to
store any adulterated food or misbranded food or any article of food referred
to in clause (iii) or clause (iv) or clause (v) if he stores such food for the
manufacture therefrom of any article of food for sale.]
27 [8. Public Analysts.—The Central
Government or the State Government may, by notification in the Official
Gazette, appoint such persons as it thinks fit, having the prescribed
qualifications to be public analysts 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 manufacture,
import or sale of any article or food shall be appointed to be a public analyst
under this section:] 2[Provided further that different public analysts may be
appointed for different articles of food.]
29 [9. Food Inspectors.—
(1) The Central Government or the
State Government may, by notification in the Official Gazette, appoint such
persons as it thinks fit, having the prescribed qualifications to be food
inspectors 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 manufacture, import or sale of any
article of food shall be appointed to be a food inspector under this section.
(2) Every food inspector shall be
deemed to be a public servant within the meaning of section 21 of the Indian
Penal Code (45 of 1860) and shall be officially subordinate to such authority
as the Government appointing him, may specify in this behalf.]
10. Powers of food inspectors.—
(1) A food inspector shall have
power—
(a) to take samples of any article of
food from—
(i) any person selling such article;
(ii) any person who is in the course
of conveying, delivering or preparing to deliver such article to a purchaser or
consignee;
(iii) a consignee after delivery of
any such article to him; and
(b) to send such sample for analysis
to the public analyst for the local area within which such sample has been
taken;
30 [(c) with the previous approval of
the Local (Health) Authority having jurisdiction in the local area concerned,
or with the previous approval of the Food (Health) Authority, to prohibit the
sale of any article of food in the interest of public health.] 31
[Explanation.—For the purposes of sub-clause (iii) of clause (a), “consignee”
does not include a person who purchases or receives any article of food for his
own consumption.]
32 [(2) Any food inspector may enter
and inspect any place where any article of food is manufactured, or stored for
sale, or stored for the manufacture of any other article of food for sale, or
exposed or exhibited for sale or where any adulterant is manufactured or kept,
and take samples of such article of food or adulterant for analysis: Provided
that no sample of any article of food, being primary food, shall be taken under
this sub-section if it is not intended for sale as such food.]
(3) Where any sample is taken under
clause (a) of sub-section (1) or sub-section (2), its cost calculated at the
rate at which the article is usually sold to the public shall be paid to the
person from whom it is taken.
(4) If any article intended for food
appears to any food inspector to be adulterated or misbranded, he may seize and
carry away or keep in the safe custody of the vendor such article in order that
it may be dealt with as hereinafter provided 31 [and he shall, in either case,
take a sample of such article and submit the same for analysis to a public
analyst]: 33 [Provided that where the food inspector keeps such article in the
safe custody of the vendor he may require the vendor to execute a bond for a
sum of money equal to the value of such article with one or more sureties as
the food inspector deems fit and the vendor shall execute the bond
accordingly.]
31 [(4A) Where any article of food
seized under sub-section (4) is of a perishable nature and the Local (Health) Authority
is satisfied that such article of food is so deteriorated that it is unfit for
human consumption, the said Authority may, after giving notice in writing to
the vendor, cause the same to be destroyed.]
(5) The power conferred by this
section includes power to break open any package in which any article of food
may be contained or to break open the door of any premises where any article of
food may be kept for sale: 34 [Provided that the power to break open the
package or door shall be exercised only after the owner or any other person in
charge of the package or, as the case may be, in occupation of the premises, if
he is present therein, refuses to open the package or door on being called upon
to do so, and in either case after recording the reasons for doing so:]
Provided further that the food inspector shall, in exercising the powers of
entry upon, and inspection of any place under this section, follow, as far as
may be, the provisions of the 35 [Code of Criminal Procedure, 1973 (2 of 1974)]
relating to the search or inspection of a place by a police officer executing a
search warrant issued under that Code.
(6) 36 [Any adulterant found in the
possession of a manufacturer or distributor of, or dealer in, any article of
food or in any of the premises occupied by him as such] and for the possession
of which he is unable to account to the satisfaction of the food inspector, 36
[and any books of account or other documents found in his possession or control
and which would be useful for, or relevant to, any investigation or proceeding
under this Act, may be seized by the food inspector] and 32 [a sample of such
adulterant] submitted for analysis to a public analyst: 37 [Provided that no
such books of account or other documents shall be seized by the food inspector
except with the previous approval of the authority to which he is officially
subordinate.]
(7) Where the food inspector takes
any action under clause (a) of sub-section (1), sub-section (2), sub-section
(4) or sub-section (6), he shall 9[call one or more persons to be present at
the time when such action is taken and take his or their signatures].
37 [(7A) Where any books of account
or other documents are seized under sub-section (6), the food inspector shall
within a period not exceeding thirty days from the date of seizure, return the
same to the person from whom they were seized after copies thereof or extracts
therefrom as certified by that person in such manner as may be prescribed have
been taken: Provided that where such person refuses to so certify, and a
prosecution has been instituted against him under this Act, such books of
account or other documents shall be returned to him only after copies thereof
or extracts therefrom as certified by the court have been taken.
(7B) When any adulterant is seized
under sub-section (6), the burden of proving that such adulterant is not meant
for purposes of adulteration shall be on the person from whose possession such
adulterant was seized.]
(8) Any food inspector may exercise
the powers of a police officer 39 [under section 42 of the Code of Criminal
Procedure, 1973 (2 of 1974)] for the purpose of ascertaining the true name and
residence of the person from whom a sample is taken or an article of food is
seized.
(9) Any food inspector exercising
powers under this Act or under the rules made thereunder who—
(a) vexatiously and without any
reasonable grounds of suspicion seizes any article of food 40 [or adulterant];
or
(b) commits any other act to the
injury of any person without having reason to believe that such act is
necessary for the execution of his duty, shall be guilty of an offence under
this Act and shall be punishable for such offence 10[with fine which shall not
be less than five hundred rupees but which may extend to one thousand rupees].
11. Procedure to be followed by food
inspectors.— 41 [
(1) When a food inspector takes a
sample of food for analysis, he shall—
(a) give notice in writing then and
there of his intention to have it so analysed to the person from whom he has
taken the sample and to the person, if any, whose name, address and other
particulars have been disclosed under section 14A;
(b) except in special cases provided
by rules under this Act, divide the sample then and there into threes parts and
mark and seal or fasten up each part in such a manner as its nature permits
and take the signature or thumb impression of the person from whom the sample
has been taken in such place and in such manner as may be prescribed: Provided
that where such person refuses to sign or put his thumb impression the food
inspector shall call upon one or more witnesses and take his or their
signatures or thumb impressions, as the case may be, in lieu of the signature
or thumb impression of such person;
(c) (i) send one of the parts for
analysis to the public analyst under intimation to the Local (Health)
Authority; and
(ii) send the remaining two parts to
the Local (Health) Authority for the purposes of sub-section (2) of this
section and sub-sections (2A) and (2E) of section 13.]
42 [(2) Where the part of the sample
sent to the public analyst under sub-clause (i) of clause (c) of sub-section
(1) is lost or damaged, the Local (Health) Authority shall, on a requisition
made to it by the public analyst or the food inspector despatch one of the
parts of the sample sent to it under sub-clause (ii) of the said clause (c) to
the public analyst for analysis.]
(3) When a sample of any article of
food 43 [or adulterant] is taken under sub-section (1) or sub-section (2) of
section 10, 44 [the food inspector shall, by the immediately succeeding working
day, send a sample of the article of food or adulterant or both, as the case
may be,] in accordance with the rules prescribed for sampling to the public
analyst for the local area concerned.
45 [(4) An article of food seized
under sub-section (4) of section 10, unless destroyed under sub-section (4A) of
that section, and any adulterant seized under sub-section (6) of that section
shall be produced before a magistrate as soon as possible and in any case not
later than seven days after the receipt of the report of the public analyst:]
46 [***] Provided 47 [***] that if an application is made to the magistrate in
this behalf by the person from whom any article of food has been seized, the
magistrate shall by order in writing direct the food inspector to produce such
article before him within such time as may be specified in the order.
48 [(5) If it appears to the
magistrate] on taking such evidence as he may deem necessary—
(a) that the article of food produced
before him under sub-section (4) is adulterated or misbranded, he may order it—
(i) to be forfeited to the Central
Government, the State Government or the local authority, as the case may be; or
(ii) to be destroyed at the cost of
the owner or the person from whom it was seized so as to prevent its being used
as human food; or
(iii) to be so disposed of as to
prevent its being again exposed for sale or used for food under its deceptive
name; or
(iv) to be returned to the owner, on
his executing a bond with or without sureties, for being sold under its
appropriate name or, where the magistrate is satisfied that the article of food
is capable of being made to conform to prescribed standards for human
consumption after reprocessing, for being sold after reprocessing under the
supervision or such officer as may be specified in the order;
(b) that the adulterant seized under
sub-section (6) of section 10 and produced before him is apparently of a kind
which may be employed for purposes of adulteration and for the possession of
which the manufacturer, distributor or dealer, as the case may be, is unable to
account satisfactorily, he may order it to be forfeited to the Central
Government, the State Government or the local authority, as the case may be.]
(6) 49 [If it appears to the
magistrate that any such—
(a) article of food is not
adulterated; or
(b) adulterant which is purported to
be an adulterant is not an adulterant, the person from whose possession the
article of food or adulterant was taken] shall be entitled to have it restored
to him and it shall be in the discretion of the magistrate to award such person
from such fund as the State Government may direct in this behalf, such
compensation not exceeding the actual loss which he has sustained as the
magistrate may think proper.
12. Purchaser may have food
analysed.—Nothing contained in this Act shall be held to prevent a purchaser of
any article of food other than a food inspector 50 [or a recognised consumer
association, whether the purchaser is a member of that association or not, ]
from having such article analysed by the public analyst on payment of such fees
as may be prescribed and from receiving from the public analyst a report of his
analysis: Provided that 51 [such purchaser or recognised consumer association
shall inform the vendor at the time of purchase of his or its intention] to
have such article so analysed: Provided further that the provisions of
sub-section
(1) , sub-section (2) and sub-section
(3) of section 11 shall, as far as may be, apply to a 51 [purchaser of article
of food or recognised consumer association who or which instends] to have such
articles so analysed, as they apply to a food inspector who takes a sample of
food for analysis: Provided also that if the report of the public analyst shows
that the article of food is adulterated, the 50 [purchaser or recognised
consumer association shall be entitled to get refund of the fees paid by him or
it] under this section. 52 [Explanation.—For the purpose of this section and
section 20, “recognised consumer association” means a voluntary consumer
association registered under the Companies Act, 1956 (1 of 1956), or under any
other law for the time being in force.]
13. Report of public analyst.— 53 [
(1) The public analyst shall deliver,
in such form as may be prescribed, a report to the Local (Health) Authority of
the result of the analysis of any article of food submitted to him for
analysis. —3[(1) The public analyst shall deliver, in such form as may be
prescribed, a report to the Local (Health) Authority of the result of the
analysis of any article of food submitted to him for analysis."
(2) On receipt of the report of the
result of the analysis under sub-section (1) to the effect that the article of
food is adulterated, the Local (Health) Authority shall, after the institution
of prosecution against the persons from whom the sample of the article of food
was taken and the person, if any, whose name, address and other particulars have
been disclosed under section 14A, forward, in such manner as may be prescribed,
a copy of the report of the result of the analysis to such person or persons,
as the case may be, informing such person or persons that if it is so desired,
either or both of them may make an application to the court within a period of
ten days from the date of receipt of the copy of the report to get the sample
of the article of food kept by the Local (Health) Authority analysed by the
Central Food Laboratory.
(2A) When an application is made to
the court under sub-section (2), the court shall require the Local (Health)
Authority to forward the part or parts of the sample kept by the said Authority
and upon such requisition being made, the said Authority shall forward the part
or parts of the sample to the court within a period of five days from the date
of receipt of such requisition.
(2B) On receipt of the part or parts
of the sample from the Local (Health) Authority under sub-section (2A), the
court shall first ascertain that the mark and seal or fastening as provided in
clause (b) of sub-section (1) of section 11 are intact and the signature or
thumb impression, as the case may be, is not tampered with, and despatch the
part or, as the case may be, one of the parts of the sample under its own seal
to the Director of the Central Food Laboratory who shall thereupon send a
certificate to the court in the prescribed form within one month from the date
of receipt of the part of the sample specifying the result of the analysis.
(2C) Where two parts of the sample
have been sent to the court and only one part of the sample has been sent by
the court to the Director of the Central Food Laboratory under sub-section
(2B), the court shall, as soon as practicable, return the remaining part to the
Local (Health) Authority and that Authority shall destroy that part after the
certificate from the Director of the Central Food Laboratory has been received
by the court: Provided that where the part of the sample sent by the court to
the Director of the Central Food Laboratory is lost or damaged, the court shall
require the Local (Health) Authority to forward the part of the sample, if any,
retained by it to the court and on receipt thereof, the court shall proceed in
the manner provided in sub-section (2B).
(2D) Until the receipt of the
certificate of the result of the analysis from the Director of the Central Food
Laboratory, the court shall not continue with the proceedings pending before it
in relation to the prosecution.
(2E) If, after considering the
report, if any, of the food inspector or otherwise, the Local (Health)
Authority is of the opinion that the report delivered by the public analyst
under sub-section (1) is erroneous, the said Authority shall forward one of the
parts of the sample kept by it to any other public analyst for analysis and if
the report of the result of the analysis of that part of the sample by that
other public analyst is to the effect that the article of food is adulterated,
the provisions of sub-sections (2) to (2D) shall, so far as may be, apply.]
(3) The certificate issued by the
Director of the Central Food Laboratory 54 [under sub-section (2B)] shall
supersede the report given by the public analyst under sub-section (1).
(4) Where a certificate obtained from
the Director of the Central Food Laboratory 54 [under sub-section (2B)] is
produced in any proceeding under this Act, or under sections 272 to 276 of the
Indian Penal Code (45 of 1860), it shall not be necessary in such proceeding to
produce any part of the sample of food taken for analysis.
(5) Any document purporting to be a
report signed by a public analyst, unless it has been superseded under
sub-section (3), or any document purporting to be a certificate signed by the
Director of the Central Food Laboratory, may be used as evidence of the facts
stated therein in any proceeding under this Act or under sections 272 to 276 of
the Indian Penal Code (45 of 1860): 55 [Provided that any document purporting
to be a certificate signed by the Director of the Central Food Laboratory [not
being a certificate with respect to the analysis of the part of the sample of
any article of food referred to in the proviso to sub-section (1A) of section
16] shall be final and conclusive evidence of the facts stated therein.] 56
[Explanation.—In this section, and in clause (f) of sub-section (l) of section
16, “Director of the Central Food Laboratory” shall include the officer for the
time being in charge of any Food Laboratory (by whatever designation he is
known) recognised by the Central Government for the purposes of this section.]
57 [14. Manufacturers, distributors
and dealers to give warranty.—No 58 [manufacturer or distributor of, or dealer
in] any article of food shall sell such article to any vendor unless he also
gives a warranty in writing in the prescribed form about the nature and quality
of such article to the vendor: 59 [Provided that a bill, cash memorandum or
invoice in respect of the sale of any article of food given by a manufacturer
or distributor of, or dealer in, such article to the vendor thereof shall be
deemed to be a warranty given by such manufacturer, distributor or dealer under
this section.] Explanation.—In this section, in sub-section (2) of section 19
and in section 20A, the expression “distributor” shall include a commission
agent.]
60 [14A. Vendor to disclose the name,
etc., of the person from whom the article of food was purchased.—Every vendor
of an article of food shall, if so required, disclose to the food inspector the
name, address and other particulars of the person from whom he purchased the
article of food.]
15. Notification of food poisoning.—
61 [The Central Government or the State Government] may, by notification in the
Official Gazette, require medical practitioners carrying on their profession in
any local area specified in the notification to report all occurrences of food
poisoning coming within their cognizance to such officer as may be specified in
the notification.
16. Penalties.— 62 [ 63 [
(1) Subject to the provisions of
sub-section (1A) if any person—
(a) whether by himself or by any
other person on his behalf, imports into India or manufactures for sales or
stores, sells or distributes any article of food—
(i) which is adulterated within the
meaning of sub-clause (m) of clause (ia) of section 2 or misbranded within the
meaning of clause (ix) of that section or the sale of which is prohibited under
any provision of this Act or any rule made thereunder or by an order of the
Food (Health) Authority;
(ii) other than an article of food
referred to in sub-clause (i), in contravention of any of the provisions of
this Act or of any rule made thereunder; or
(b) whether by himself or by any
other person on his behalf, imports into India or manufactures for sales or
stores, sells or distributes any adulterant which is not injurious to health;
or
(c) prevents a food inspector from
taking a sample as authorised by this Act; or
(d) prevents a food inspector from
exercising any other power conferred on him by or under this Act; or
(e) being a manufacturer of an
article of food, has in his possession, or in any of the premises occupied by
him, any adulterant which is not injurious to health; or
(f) uses any report or certificate of
a test or analysis made by the Director of the Central Food Laboratory or by a
public analyst or any extract thereof for the purpose of advertising any
article of food; or
(g) whether by himself or by any
other person on his behalf, gives to the vendor a false warranty in writing in
respect of any article of food sold by him, he shall, in addition to the
penalty to which he may be liable under the provisions of section 6, be
punishable with imprisonment for a term which shall not be less than six months
but which may extend to three years, and with fine which shall not be less than
one thousand rupees: Provided that—
(i) if the offence is under
sub-clause (i) of clause (a) and is with respect to an article of food, being
primary food, which is adulterated due to human agency or is with respect to an
article of food which is misbranded within the meaning of sub-clause (k) of
clause (ix) of section 2; or
(ii) if the offence is under
sub-clause (ii) of clause (a), but not being an offence with respect to the
contravention of any rule made under clause (a) or clause (g) of sub-section
(1A) of section 23 or under clause (b) of sub-section (2) of section 24, the
court may, for any adequate and special reasons to be mentioned in the
judgment, impose a sentence of imprisonment for a term which shall not be less
than three months but which may extend to two years, and with fine which shall
not be less than five hundred rupees: Provided further that if the offence is
under sub-clause (ii) of clause (a) and is with respect to the contravention of
any rule made under clause (a) or clause (g) of sub-section (1A) of section 23
or under clause (b) of sub-section (2) of section 24, the court may, for any
adequate and special reasons to be mentioned in the judgment, impose a sentence
of imprisonment for a term which may extend to three months and with fine which
may extend to five hundred rupees.]
64 [(1A) If any person whether by
himself or by any other person on his behalf, imports into India or
manufactures for sale, or stores, sells or distributes,—
(i) any article of food which is
adulterated within the meaning of any of the sub-clauses (e) to (l) (both
inclusive) of clause (ia) of section 2; or
(ii) any adulterant which is
injurious to health, he shall, in addition to the penalty to which he may be
liable under the provisions of section 6, be punishable with imprisonment for a
term which shall not be less than one year but which may extend to six years
and with fine which shall not be less than two thousand rupees: Provided that
if such article of food or adulterant when consumed by any person is likely to
cause his death or is likely to cause such harm on his body as would amount to
grievous hurt within the meaning of section 320 of the Indian Penal Code (45 of
1860), he shall be punishable with imprisonment for a term which shall not be
less than three years but which may extend to term of life and with fine which
shall not be less than five thousand rupees.]
65 [(1AA) ] If any person in whose
safe custody any article of food has been kept under sub-section (4) of section
10, tampers or in any other manner interferes with such article, he shall be
punishable with imprisonment for a term which shall not be less than six months
but which may extend to two years and with fine which shall not be less than
one thousand rupees.
66 [(1B) If any person in whose safe
custody any article of food has been kept under sub-section (4) of section 10,
sells or distributes such article which is found by the magistrate before whom
it is produced to be adulterated within the meaning of sub-clause (h) of clause
(ia) of section 2 and which, when consumed by any person, is likely to cause
his death or is likely to cause such harm on his body as would amount to
grievous hurt within the meaning of section 320 of the Indian Penal Code (45 of
1860), then, notwithstanding anything contained in sub-section (1AA), he shall
be punishable with imprisonment for a term which shall not be less than three
years but which may extend to term of life and with fine which shall not be
less than five thousand rupees.]
(1C) If any person contravenes the
provisions of section 14 or section 14A, he shall be punishable with
imprisonment for a term which may extend to six months and with fine which
shall not be less than five hundred rupees.
(1D) If any person convicted of an offence
under this Act commits a like offence afterwards, then, without prejudice to
the provisions of sub-section (2), the court, before which the second or
subsequent conviction takes place, may order the cancellation of the licence,
if any, granted to him under this Act and thereupon such licence shall,
notwithstanding anything contained in this Act, or in the rules made
thereunder, stand cancelled.]
(2) If any person convicted of an
offence under this Act commits a like offence afterwards it shall be lawful for
the court before which the second or subsequent conviction takes place to cause
the offender’s name and place of residence, the offence and the penalty imposed
to be published at the offender’s expense in such newspapers or in such other
manner as the court may direct. The expenses of such publication shall be
deemed to be part of the cost attending the conviction and shall be recoverable
in the same manner as a fine.
67 [16A. Power of court to try cases
summarily.—Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), all offences under sub-section
(1) of section 16 shall be tried in a
summary way by a Judicial Magistrate of the first class specially empowered in
this behalf by the State Government or by a Metropolitan Magistrate and the
provisions of sections 262 to 265 (both inclusive) of the said Code shall, as
far as may be, apply to such trial: Provided that in the case of any conviction
in a summary trial under this section, it shall be lawful for the magistrate to
pass a sentence of imprisonment for a term not exceeding one year: Provided
further that when at the commencement of, or in the course of, a summary trial
under this section it appears to the magistrate that the nature of the case is
such that a sentence of imprisonment for a term exceeding one year may have to
be passed or that it is, for any other reason, undesirable to try the case
summarily, the Magistrate shall after hearing the parties, record an order to
that effect and thereafter recall any witness who may have been examined and
proceed to hear or rehear the case in the manner provided by the said Code.]
68 [17. Offences by companies.—
(1) Where an offence under this Act
has been committed by a company —
(a) (i) the person, if any, who has
been nominated under sub-section (2) to be in charge of, and responsible to,
the company for the conduct of the business of the company (hereafter in this
section referred to as the person responsible), or
(ii) where no person has been so
nominated, every person who at the time the offence was committed was in charge
of, and was responsible to, the company for the conduct of the business of the
company; and
(b) the company, shall be deemed to
be guilty of the offence and shall be liable to be proceeded against and
punished accordingly: Provided that nothing contained in this sub-section shall
render any such person liable to any punishment provided in this Act if he
proves that the offence was committed without his knowledge and that he
exercised all due diligence to prevent the commission of such offence.
(2) Any company may, by order in
writing, authorise any of its directors or managers (such manager being
employed mainly in a managerial or supervisory capacity) to exercise all such
powers and take all such steps as may be necessary or expedient to prevent the
commission by the company of any offence under this Act and may give notice to
the Local (Health) Authority, in such form and in such manner as may be
prescribed, that it has nominated such director or manager as the person
responsible, along with the written consent of such director or manager for
being so nominated. Explanation.—Where a company has different establishments
or branches or different units in any establishment or branch, different
persons may be nominated under this sub-section in relation to different
establishments or branches or units and the person nominated in relation to any
establishment, branch or unit shall be deemed to be the person responsible in
respect of such establishment, branch or unit.
(3) The person nominated under
sub-section (2) shall, until—
(i) further notice cancelling such
nomination is received from the company by the Local (Health) Authority; or
(ii) he ceases to be a director or,
as the case may be, manager of the company; or
(iii) he makes a request in writing
to the Local (Health) Authority, under intimation to the company, to cancel the
nomination [which request shall be complied with by the Local (Health)
Authority], whichever is the earliest, continue to be the person responsible:
Provided that where such person ceases to be a director or, as the case may be,
manager of the company, he shall intimate the fact of such cesser to the Local
(Health) Authority: Provided further that where such person makes a request under
clause (iii), the Local (Health) Authority shall not cancel such nomination
with effect from a date earlier than the date on which the request is made.
(4) Notwithstanding anything
contained in the foregoing sub-sections, where an offence under this Act has
been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to, any neglect
on the part of, any director, manager, secretary or other officer of the
company [not being a person nominated under sub-section (2)] such director,
manager, secretary or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section—
(a) “Company” means any body
corporate and includes a firm or other association of individuals;
(b) “director”, in relation to a
firm, means a partner in the firm; and
(c) “manager”, in relation to a
company engaged in hotel industry, includes the person in charge of the
catering department of any hotel managed or run by it.]
18. Forfeiture of property.—Where any
person has been convicted under this Act for the contravention of any of the
provisions of this Act or of any rule thereunder, the article of food in
respect of which the contravention has been committed may be forfeited to the
Government: 69 [Provided that where the court is satisfied that the article of
food is capable of being made to conform to prescribed standards for human
consumption after reprocessing, the court may order the article of food to be
returned to the owner, on his executing a bond with or without sureties, for
being sold, subject to the other provisions of this Act, after reprocessing
under the supervision of such officer as may be specified therein.]
19. Defences which may or may not be
allowed in prosecutions under this Act.—
(1) It shall be no defence in a
prosecution for an offence pertaining to the sale of any adulterated or
misbranded article of food to allege merely that the vendor was ignorant of the
nature, substance or quality of the food sold by him or that the purchaser
having purchased any article for analysis was not prejudiced by the sale.
70 [(2) A vendor shall not be deemed
to have committed an offence pertaining to the sale of any adulterated or
misbranded article of food if he proves—
(a) that he purchased the article of
food—
(i) in a case where a licence is
prescribed for the sale thereof, from a duly licensed manufacturer, distributor
or dealer,
(ii) in any other case, from any
manufacturer, distributor or dealer, with a written warranty in the prescribed
form; and
(b) that the article of food while in
his possession was properly stored and that he sold it in the same state as he
purchased it.]
(3) Any person by whom a warranty as
is referred to 2[in section 14] is alleged to have been given shall be entitled
to appear at the hearing and give evidence. COMMENT A person is entitled to
benefit under sub-section (2) of section 19 if the fact of the case suggests
that he (accused person) has duly discharged the burden to the extent necessary
under the above mentioned provision; P. Unnikrishnan v. Food Inspector, Palghat
Municipality, AIR 1995 SC 1983.
20. Cognizance and trial of
offences.—
(1) 72 [No prosecution for an offence
under this Act, not being an offence under section 14 or section 14A] shall be
instituted except by, or with the written consent of, 73 [the Central Government
or the State Government 74 [***] or a person authorised in this behalf, by
general or special order, by the Central Government or the State Government 74
[***] ]: Provided that a prosecution for an offence under this Act may be
instituted by a purchaser 75 [or recognised consumer association] referred to
in section 12, 76 [if he or it produces] in court a copy of the report of the
public analyst alongwith the complaint.
77 [(2) No court inferior to that of
a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try
any offence under this Act.
(3) Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence
punishable under sub-section (1AA) of section 16 shall be cognizable and
non-bailable.]
78 [20A. Power of court to implead
manufacturer, etc.—Where at any time during the trial of any offence under this
Act alleged to have been committed by any person, not being the manufacturer,
distributor or dealer of any article of food, the court is satisfied, on the
evidence adduced before it, that such manufacturer, distributor or dealer is
also concerned with that offence, then, the court may, notwithstanding anything
contained in 2[sub-section (3) of section 319 of the Code of Criminal
Procedure, 1973 (2 of 1974)] or in section 20 proceed against him as though a
prosecution had been instituted against him under section 20.]
80 [20AA. Application of the
Probation of Offenders Act, 1958 and section 360 of the Code of Criminal
Procedure, 1973.—Nothing contained in the Probation of Offenders Act, 1958 (20
of 1958), or section 360 of the Code of Criminal Procedure, 1973 (2 of 1974),
shall apply to a person convicted of an offence under this Act unless that
person is under eighteen years of age.]
81 [21. Magistrate’s power to impose
enhanced penalties.—Notwithstanding anything contained in section 29 of the
Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any
Metropolitan Magistrate or any Judicial Magistrate of the first class to pass
any sentence authorised by this Act, except a sentence of imprisonment for life
or for a term exceeding six years, in excess of his powers under the said
section.]
82 [21. Magistrate’s power to impose
enhanced penalties.—Notwithstanding anything contained in section 29 of the
Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any
Metropolitan Magistrate or any Judicial Magistrate of the first class to pass
any sentence authorised by this Act, except a sentence of imprisonment for life
or for a term exceeding six years, in excess of his powers under the said
section.]
22. Protection of action taken in
good faith.—No suit, prosecution or other legal proceedings shall lie against
any person for anything which is in good faith done or intended to be done
under this Act.
83 [22A. Power of Central Government
to give directions.—The Central Government may give such directions as it may
deem necessary to a State Government regarding the carrying into execution of
all or any of the provisions of this Act and the State Government shall comply
with such directions.]
23. Power of the Central Government
to make rules.— 84 [
(1) The Central Government may, after
consultation with the Committee and after previous publication by notification
in the Official Gazette, make rules to carry out the provisions of this Act:
Provided that consultation with the Committee may be dispensed with if the
Central Government is of the opinion that circumstances have arisen which
render it necessary to make rules without such consultation, but, in such a
case, the Committee shall be consulted within six months of the making of the
rules and the Central Government shall take into consideration any suggestions
which the Committee may make in relation to the amendment of the said rules.]
85 [(1A) ] 86 [In particular and
without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—]
(a) specifying the articles of food
or classes of food for the import of which a licence is required and
prescribing the form and conditions of such licence, the authority empowered to
issue the same 87 [the fees payable therefor, the deposit of any sum as
security for the performance of the conditions of the licence and the
circumstances under which such licence or security may be cancelled or
forfeited];
(b) defining the standards of quality
for, and fixing the limits of variability permissible in respect of, any
article of food;
(c) laying down special provisions
for imposing rigorous control over the production, distribution and sale of any
article or class of articles of food which the Central Government may, by
notification in the Official Gazette, specify in this behalf including
registration of the premises where they are manufactured, maintenance of the
premises in a sanitary condition and maintenance of the healthy state of human
beings associated with the production, distribution and sale of such article or
class of articles;
(d) restricting the packing and
labelling of any article of food and the design of any such package or label
with a view to preventing the public or the purchaser being deceived or misled
as to the character, quality or quantity of the article 88 [or to preventing
adulteration]; 1[or to preventing adulteration];"
(e) defining the qualifications,
powers and duties of food inspectors and public analyst;
88 [(ee) defining the laboratories
where samples of articles of food or adulterants may be analysed by public
analysts under this Act;]
(f) prohibiting the sale of defining
the conditions of sale of any substance which may be injurious to health when
used as food or restricting in any manner its use as an ingredient in the
manufacture of any article of food or regulating by the issue of licences the
manufacture or sale of any article of food;
(g) defining the conditions of sale
or conditions for licence of sale of any article of food in the interest of
public health;
(h) specifying the manner in which
containers for samples of food purchased for analysis shall be sealed up or
fastened up;
88 [(hh) defining the methods of
analysis;]
(i) specifying a list of permissible
preservatives, other than common salt and sugar, which alone shall be used in
preserved fruits, vegetables or their products or any other article of food as
well as the maximum amounts of each preservative;
(j) specifying the colouring matter
and the maximum quantities thereof which may be used in any article of food;
(k) providing for the exemption from
this Act or of any requirements contained therein and subject to such
conditions, if any, as may be specified, of any article or class of articles of
food;
(l) prohibiting or regulating the
manufacture, transport or sale of any article known to be used as an adulterant
of food;
(m) prohibiting or regulating—
(i) the addition of any water, or
other diluent or adulterant to any article of food;
(ii) the abstraction of any
ingredient from any article of food;
(iii) the sale of any article of food
to which such addition or from which such abstraction has been made or which
has been otherwise artificially treated;
(iv) the mixing of two or more
articles of food which are similar in nature or appearance;
(n) providing for the destruction of
such articles of food as are not in accordance with the provisions of this Act
or of the rules made thereunder.
89 [(2) Every rule made by the
Central Government under this Act shall be laid as soon as may be after it is
made before each House of Parliament while it is in session for a total period
of thirty days 90 [which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid] both Houses agree
in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.]
24. Power of the State Government to
make rules.—
(1) The State Government may, after
consultation with the Committee and subject to the condition of previous
publication, make rules for the purpose of giving effect to the provisions of
this Act in matters not falling within the purview of section 23.
(2) In particular, and without
prejudice to the generality of the foregoing power, such rules may—
(a) define the powers and duties of
the Food (Health) Authority, 91 [local authority and Local (Health) Authority
under this Act]; 92 [***]
(b) prescribe the forms of licences
for the manufacture for sale, for the storage, for the sale and for the
distribution of articles of food or any specified article of food or class of
articles of food, the form of application for such licences, the conditions
subject to which such licences may be issued, the authority empowered to issue
the same, 93 [the fees payable therefor, the deposit of any sum as security for
the performance of the conditions of the licences and the circumstances under
which such licences or security 94 [may be suspended, cancelled or forfeited]];
(c) direct a fee to be paid for
analysing any article of food or for any matter for which a fee may be prescribed
under this Act;
(d) direct that the whole or any part
of the fines imposed under this Act shall be paid to a local authority on
realisation;
(e) provide for the delegation of the
powers and functions conferred by this Act on the State Government or the Food
(Health) Authority to subordinate authorities or to local authorities.
(3) All rules made by the State
Governments under this Act, shall, as soon as possible after they are made, be
laid before the respective State Legislatures.
9525. Repeal and Saving.—
(1) If, immediately before the
commencement of this Act, there is in force in any State to which this Act
extends any law corresponding to this Act, that corresponding law shall upon
such commencement stand repealed.
(2) Notwithstanding the repeal by
this Act of any corresponding law, all rules, regulations and bye-laws relating
to the prevention of adulteration of food, made under such corresponding law
and in force immediately before the commencement of this Act shall except where
and so far as they are inconsistent with or repugnant to the provisions of this
Act, continue in force until altered, amended or repealed by rules made under
this Act.
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