food adulteration act,1954

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FOOD ADULTERATION FOOD ADULTERATION ACT,1954 ACT,1954 (Amended in (Amended in 1964, 1976, 1986) 1964, 1976, 1986) Act Act : An act to make provision for : An act to make provision for the prevention of adulteration of the prevention of adulteration of food. food. BE it enacted by Parliament in the BE it enacted by Parliament in the Fifth Year of the Republic of Fifth Year of the Republic of India India

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Page 1: FOOD ADULTERATION ACT,1954

FOOD ADULTERATION FOOD ADULTERATION ACT,1954ACT,1954(Amended in (Amended in

1964, 1976, 1986) 1964, 1976, 1986)

Act Act : An act to make provision for the : An act to make provision for the prevention of adulteration of food.prevention of adulteration of food.

BE it enacted by Parliament in the Fifth Year BE it enacted by Parliament in the Fifth Year of the Republic of India of the Republic of India

Page 2: FOOD ADULTERATION ACT,1954

WHAT IS FOOD WHAT IS FOOD ADULTERATION?ADULTERATION?

Food Adulteration is the act of deliberately Food Adulteration is the act of deliberately demeaning the quality of food offered for demeaning the quality of food offered for sale either by admixing or replacement of sale either by admixing or replacement of substandard substances or by the substandard substances or by the substraction of valuable constituent or substraction of valuable constituent or ingredient.ingredient.

Page 3: FOOD ADULTERATION ACT,1954

INTERODUCTION OF FOOD INTERODUCTION OF FOOD ADULTERATION ACTADULTERATION ACT

The Act was promulgated by Parliament in 1954 to make provision The Act was promulgated by Parliament in 1954 to make provision for the prevention of adulteration of food, along with the Prevention for the prevention of adulteration of food, along with the Prevention of Food Adulteration Rules, 1955 which was incorporated in 1955 as of Food Adulteration Rules, 1955 which was incorporated in 1955 as an extension to the Act. Broadly, the PFA Act covers food an extension to the Act. Broadly, the PFA Act covers food standards, general procedures for sampling, analysis of food, standards, general procedures for sampling, analysis of food, powers of authorized officers, nature of penalties and other powers of authorized officers, nature of penalties and other parameters related to food. It deals with parameters relating to food parameters related to food. It deals with parameters relating to food additives, preservative, colouring matters, packing & labelling of additives, preservative, colouring matters, packing & labelling of foods, prohibition & regulations of sales etc. Amendment in PFA foods, prohibition & regulations of sales etc. Amendment in PFA rules are incorporated with the recommendation made by the rules are incorporated with the recommendation made by the Central Committee of Food Standards (CCFS) which has been Central Committee of Food Standards (CCFS) which has been setup by Central Government under the Ministry of Health and setup by Central Government under the Ministry of Health and Family Welfare comprising members from different regions of the Family Welfare comprising members from different regions of the country. The provisions of PFA Act and Rules are implemented by country. The provisions of PFA Act and Rules are implemented by State Government and local bodies as provided in the rules.  State Government and local bodies as provided in the rules. 

Page 4: FOOD ADULTERATION ACT,1954

OVERVIEWOVERVIEW

The Act provides the protection from adulteration / contamination of The Act provides the protection from adulteration / contamination of food that may lead to the health risk of consumers. The Act deals food that may lead to the health risk of consumers. The Act deals with the frauds also that can be perpetrated by the dealers by with the frauds also that can be perpetrated by the dealers by supplying cheaper or adulterated foods. The Act regulates the use supplying cheaper or adulterated foods. The Act regulates the use of chemicals, pesticides, flavours and other additives in food of chemicals, pesticides, flavours and other additives in food preparation. Through this Act there is a control over dumping of sub-preparation. Through this Act there is a control over dumping of sub-standards foods. Enrichment of flour, bread, or other cereals with standards foods. Enrichment of flour, bread, or other cereals with vitamins or minerals, iodization of salt, vitaminisation of vansapati vitamins or minerals, iodization of salt, vitaminisation of vansapati oil, addition of vitamin "C" in certain foods can be done under the oil, addition of vitamin "C" in certain foods can be done under the provision made in this Act.  provision made in this Act. 

Page 5: FOOD ADULTERATION ACT,1954

Different definitions of food, adulteration, misbranding, Different definitions of food, adulteration, misbranding, etc. are described in the Act (Sec 2). Centre is etc. are described in the Act (Sec 2). Centre is empowered to appoint an Advisory committee called the empowered to appoint an Advisory committee called the Central Committee for Food Standard (Sec 3). In any Central Committee for Food Standard (Sec 3). In any dispute an adulterated sample need to be examined by dispute an adulterated sample need to be examined by the court. The Central Food Laboratories give its final the court. The Central Food Laboratories give its final opinion on the subject. These 4 laboratories are located opinion on the subject. These 4 laboratories are located in Calcutta, Ghaziabad, Mysore and Pune. There are in Calcutta, Ghaziabad, Mysore and Pune. There are approximately 82 food laboratories in the country at approximately 82 food laboratories in the country at district/regional/state level working for the purpose of the district/regional/state level working for the purpose of the PFA Act. Powers are given to the State Governments to PFA Act. Powers are given to the State Governments to appoint Public Analyst and Food Inspectors who control appoint Public Analyst and Food Inspectors who control the food supply, storage, and marketing of foods. It is the the food supply, storage, and marketing of foods. It is the duty of inspector to draw and dispatch samples to a duty of inspector to draw and dispatch samples to a laboratory. The Central Government is empowered to laboratory. The Central Government is empowered to define the standards of quality, control over production, define the standards of quality, control over production, distribution and sale of food, packing, labeling, licensing, distribution and sale of food, packing, labeling, licensing, and controlling the food additives. and controlling the food additives.

Page 6: FOOD ADULTERATION ACT,1954

OBJECTIVEOBJECTIVE

1.      To protect the public from poisonous 1.      To protect the public from poisonous and harmful foodsand harmful foods

2.      To prevent the sale of substandard 2.      To prevent the sale of substandard foodsfoods

3.      To protect the interests of the 3.      To protect the interests of the consumers by eliminating fraudulent consumers by eliminating fraudulent practicespractices

Page 7: FOOD ADULTERATION ACT,1954

Meaning of Adulterant:Meaning of Adulterant:

Any material which is or could be Any material which is or could be employed for the purposes of adulteration employed for the purposes of adulteration

Page 8: FOOD ADULTERATION ACT,1954

Definition of Food:Definition of Food:

any article used as food or drink for human any article used as food or drink for human consumption other than drugs and water and consumption other than drugs and water and includesincludes

a.Any article which ordinarily enters into or is a.Any article which ordinarily enters into or is used in the composition or preparation of human used in the composition or preparation of human foodfood

b.Any flavouring matter or condiments andb.Any flavouring matter or condiments and c.Any other article which the Central Government c.Any other article which the Central Government

may having regard to its use, nature, substance may having regard to its use, nature, substance or quality, declare, by notification in the official or quality, declare, by notification in the official gazette as food for the purpose of this Act.gazette as food for the purpose of this Act.

Page 9: FOOD ADULTERATION ACT,1954

Concept of Adulteration:-Concept of Adulteration:- An article of food shall be deemed to be adulterated:An article of food shall be deemed to be adulterated: If the article sold by vendor is not of the nature, If the article sold by vendor is not of the nature,

substance or quality demanded by the purchaser substance or quality demanded by the purchaser If the article contains any other substance which affects If the article contains any other substance which affects

the substance or quality thereof.the substance or quality thereof.If any inferior or cheaper substance has been substituted If any inferior or cheaper substance has been substituted wholly or in part for the article so as to affect the nature, wholly or in part for the article so as to affect the nature, substance or quality of the product substance or quality of the product

If any constituent of the article has been wholly or in part If any constituent of the article has been wholly or in part extracted to affect the quality thereof extracted to affect the quality thereof

If the article has been prepared, packed or kept under If the article has been prepared, packed or kept under unsanitary conditions where by it has become unsanitary conditions where by it has become contaminated or injurious to health contaminated or injurious to health

Page 10: FOOD ADULTERATION ACT,1954

If the article consists wholly or in part of any If the article consists wholly or in part of any filthy, putrefied, rotten decomposed or diseased filthy, putrefied, rotten decomposed or diseased animal or vegetable substance or is insect-animal or vegetable substance or is insect-infested or is otherwise unfit for human infested or is otherwise unfit for human consumption consumption

If the article is obtained from a diseased animal If the article is obtained from a diseased animal If the article contains any poisonous or other If the article contains any poisonous or other

ingredient which renders it injurious to health ingredient which renders it injurious to health If the container of the article is composed, If the container of the article is composed,

whether, wholly or in part of any poisonous or whether, wholly or in part of any poisonous or deleterious substance which renders sits deleterious substance which renders sits contents injurious to health contents injurious to health

Page 11: FOOD ADULTERATION ACT,1954

If any colouring matter other than that If any colouring matter other than that prescribed in respect thereof is present in the prescribed in respect thereof is present in the article or if the amounts of the prescribed article or if the amounts of the prescribed colouring matter which is present in the article colouring matter which is present in the article are not within the prescribed limits are not within the prescribed limits

If the article contains any prohibited If the article contains any prohibited preservative or permitted preservative in preservative or permitted preservative in excess of the prescribed limits excess of the prescribed limits

If the quality or purity of the Article falls below If the quality or purity of the Article falls below the prescribed limits of variability which the prescribed limits of variability which renders it injurious to health renders it injurious to health

If the quality or purity of the article falls below If the quality or purity of the article falls below the prescribed standard or its constituents are the prescribed standard or its constituents are present in quantities not within the prescribed present in quantities not within the prescribed limits of variability which renders it injurious to limits of variability which renders it injurious to health health

Page 12: FOOD ADULTERATION ACT,1954

SALE OF CERTAIN ADMIXTURES SALE OF CERTAIN ADMIXTURES PROHIBITED PROHIBITED

cream which has not been prepared cream which has not been prepared exclusively from milk or which contains exclusively from milk or which contains less than 25% of milk fat less than 25% of milk fat

milk which containts added water milk which containts added water ghee which contains any added matter not ghee which contains any added matter not

exclusively derived from milk fat exclusively derived from milk fat selling skimmed milk as whole milk selling skimmed milk as whole milk mixture of two or more edible oils as an mixture of two or more edible oils as an

edible oil edible oil

Page 13: FOOD ADULTERATION ACT,1954

vanaspati to which ghee or any other vanaspati to which ghee or any other substance has been added substance has been added

any article of food which contains any any article of food which contains any artificial sweetener beyond the prescribed artificial sweetener beyond the prescribed limit limit

turmeric containing any foreign substance turmeric containing any foreign substance mixture of coffee and other substance mixture of coffee and other substance

except chicory except chicory dahi or curd not made out of milk dahi or curd not made out of milk milk or milk products containing milk or milk products containing

constituents other than of milk constituents other than of milk

Page 14: FOOD ADULTERATION ACT,1954

PROCEDURE FOR SAMPLING PROCEDURE FOR SAMPLING AND ANALYSISAND ANALYSIS

Any food Inspector can enter and inspect any place Any food Inspector can enter and inspect any place where any article of food is manufactured or stored for where any article of food is manufactured or stored for sale or stored for the manufacture of any other article of sale or stored for the manufacture of any other article of food for sale or exposed or exhibited for sale or where food for sale or exposed or exhibited for sale or where any adulterant is manufactured or kept and take samples any adulterant is manufactured or kept and take samples of such article of food or adulterant for analysis.of such article of food or adulterant for analysis.

notice will be issued by the Inspector in writing then and notice will be issued by the Inspector in writing then and there to the seller indicating his intention there to the seller indicating his intention

three samples are taken and the signature of the seller is three samples are taken and the signature of the seller is affixed to them affixed to them

one sample is sent for analysis to Public Analyst under one sample is sent for analysis to Public Analyst under intimation to the Local Health Authority intimation to the Local Health Authority

The other two samples are sent to the local health The other two samples are sent to the local health authority for further reference authority for further reference

Page 15: FOOD ADULTERATION ACT,1954

IMPORTANT MISCELLANEOUS IMPORTANT MISCELLANEOUS PROVISIONSPROVISIONS

If any extraneous additions of colouring matter is added, the If any extraneous additions of colouring matter is added, the same should be indicated on the labels same should be indicated on the labels

From the labels the blending composition of ingredients should be From the labels the blending composition of ingredients should be clear to the customer clear to the customer

Sale of kesari gram individually or as an admixture is prohibited Sale of kesari gram individually or as an admixture is prohibited Prohibition of use of carbide (acetylene) gas in ripening is Prohibition of use of carbide (acetylene) gas in ripening is

prohibited prohibited Sale of ghee with Reichert value less than the permitted level Sale of ghee with Reichert value less than the permitted level Sale of admixture of ghee or butter is prohibited Sale of admixture of ghee or butter is prohibited Addition of artificial sweetener should be mentioned on the label Addition of artificial sweetener should be mentioned on the label Sale of food colours without license prohibited Sale of food colours without license prohibited Sale of insect damaged dry fruits and nuts prohibited Sale of insect damaged dry fruits and nuts prohibited Food prepared in rusted containers, chipped enamel containers Food prepared in rusted containers, chipped enamel containers

and untinned copper/brass utensils are treated as unfit for human and untinned copper/brass utensils are treated as unfit for human consumption consumption

Page 16: FOOD ADULTERATION ACT,1954

Containers not made of plastic material which is not according to Containers not made of plastic material which is not according to the standards are not to be used the standards are not to be used

Selling salseed fat or any other purpose except for bakery and Selling salseed fat or any other purpose except for bakery and confectionery is prohibited confectionery is prohibited

Store of insecticides in the same premises where food articles are Store of insecticides in the same premises where food articles are stored is prohibited stored is prohibited

Milk powder or condensed milk can be sold only with ISI mark Milk powder or condensed milk can be sold only with ISI mark Use of more than one type of preservative is prohibited Use of more than one type of preservative is prohibited Crop contaminants beyond certain specified level is treated as Crop contaminants beyond certain specified level is treated as

adulterant adulterant Naturally occurring toxic substances in the food material beyond Naturally occurring toxic substances in the food material beyond

certain level is considered as unfit for human consumption certain level is considered as unfit for human consumption No anti-oxidant, emulsifiers and stabilising agent is permitted No anti-oxidant, emulsifiers and stabilising agent is permitted

beyond the prescribed level beyond the prescribed level No insecticides should be sprayed on the food items No insecticides should be sprayed on the food items Oils can be manufactured only in factories licensed for such Oils can be manufactured only in factories licensed for such

purpose. purpose.

Page 17: FOOD ADULTERATION ACT,1954

PENALTIESPENALTIES There is a provision of penalty if anybody break the law for a There is a provision of penalty if anybody break the law for a

maximum imprisonment of 1 year or a minimum fine or Rs. 2000 in maximum imprisonment of 1 year or a minimum fine or Rs. 2000 in the first instance and for imprisonment of 6 months which may the first instance and for imprisonment of 6 months which may extend to 6 years and cancellation of license on the second or extend to 6 years and cancellation of license on the second or subsequent offense. There is a penalty for violation of rules with subsequent offense. There is a penalty for violation of rules with regard to seized article subsequently found adulterated and regard to seized article subsequently found adulterated and contaminated with injurious substances. When consumed contaminated with injurious substances. When consumed adulterated food is likely to cause death or injury to the body or adulterated food is likely to cause death or injury to the body or amount to grievous hurt can be punished according to Section 320 amount to grievous hurt can be punished according to Section 320 of the Indian Penal Code. There is an imprisonment of 3 years but of the Indian Penal Code. There is an imprisonment of 3 years but which may extend to the life term and with the fine which shall not which may extend to the life term and with the fine which shall not be less than Rs. 5000. Guilt will be punished with imprisonment for be less than Rs. 5000. Guilt will be punished with imprisonment for a term which shall not be less than six months and upto 3 years and a term which shall not be less than six months and upto 3 years and with fine upto one thousand rupeeswith fine upto one thousand rupees

Page 18: FOOD ADULTERATION ACT,1954

Role of Central GovernmentRole of Central Government The Ministry of Health & family welfare is responsible for ensuring sea The Ministry of Health & family welfare is responsible for ensuring sea

food to the consumers. The enforcement of the Act is done by the food to the consumers. The enforcement of the Act is done by the state/UT governments.state/UT governments.

1. To review the provision of PFA Act, 1954, Rules and Standards in 1. To review the provision of PFA Act, 1954, Rules and Standards in consultation with the central committee for Food Standards, a statutory consultation with the central committee for Food Standards, a statutory Advisory Committee under the Act and its 9 Technical Sub-committees.Advisory Committee under the Act and its 9 Technical Sub-committees.

2. To conduct examination for the Chemists for their appointment as 2. To conduct examination for the Chemists for their appointment as Public Analyst under the Act;Public Analyst under the Act;

3. To organise training programme for various functionaries under the Act3. To organise training programme for various functionaries under the Act

Page 19: FOOD ADULTERATION ACT,1954

4. To approve the State PFA Rules;4. To approve the State PFA Rules;

5. To examine and approve the labels of Infant foods.5. To examine and approve the labels of Infant foods.

6. To evaluate and monitor progress of implementation 6. To evaluate and monitor progress of implementation of the Act in the state/UTs by collecting periodical reports of the Act in the state/UTs by collecting periodical reports and spot visits;and spot visits;

Page 20: FOOD ADULTERATION ACT,1954

7. To liaise with National and International Food Quality 7. To liaise with National and International Food Quality Control Organisation such as Directorate of Marketing Control Organisation such as Directorate of Marketing and Inspection (operating Agmark Scheme), Ministry of and Inspection (operating Agmark Scheme), Ministry of Food Processing Industries (implementing Fruits Food Processing Industries (implementing Fruits Products Order-FPO), Codes Alimentarius Products Order-FPO), Codes Alimentarius Commission/World Trade Organisation;Commission/World Trade Organisation;

8. To ensure quality of food imported to India under the 8. To ensure quality of food imported to India under the provision of Act;provision of Act;

9. To create consumer awareness; and9. To create consumer awareness; and

10. To augment the food testing laboratories.10. To augment the food testing laboratories.

Page 21: FOOD ADULTERATION ACT,1954

ANALYSISANALYSIS

We should have to make provision for a We should have to make provision for a separate adulteration wing for complain and for separate adulteration wing for complain and for rapid action according to complaining.rapid action according to complaining.

Penaulties should be increased.Penaulties should be increased. Food inspector may perform their duties in a Food inspector may perform their duties in a

strict manner.strict manner. We should have to run awareness program at We should have to run awareness program at

root level also develop a model regarding testing root level also develop a model regarding testing of food products by household means so that of food products by household means so that analysis public can also check adulteration.analysis public can also check adulteration.

Page 22: FOOD ADULTERATION ACT,1954

WHAT YOU CAN DO?WHAT YOU CAN DO?

Food Adulteration occur in rural as well as Food Adulteration occur in rural as well as urban areas. So the first option is to buy urban areas. So the first option is to buy branded  and ISI-marked products. Even if branded  and ISI-marked products. Even if these branded items cost a little extra, it is these branded items cost a little extra, it is worth paying the extra amount to safe worth paying the extra amount to safe guard your health. guard your health.

Page 23: FOOD ADULTERATION ACT,1954

If you have purchased any branded item and If you have purchased any branded item and doubt its quality, you can at least approach the doubt its quality, you can at least approach the company concerned. Always remember to company concerned. Always remember to preserve your grocery bills so that the company preserve your grocery bills so that the company can take necessary steps regarding the can take necessary steps regarding the complaintcomplaint

If any person manufactures for sale, stores, sell If any person manufactures for sale, stores, sell imports or distributes any article of food which is imports or distributes any article of food which is adulterated or misbranded, he is liable under the adulterated or misbranded, he is liable under the PFA Act to be punished with imprisonment and PFA Act to be punished with imprisonment and fined.  If you find that any food is adulterated, fined.  If you find that any food is adulterated, then do not keep silent. Complain to Prevention then do not keep silent. Complain to Prevention of Food Adulteration Department in your city / of Food Adulteration Department in your city / town / district and report to the newspapers and town / district and report to the newspapers and make more and more people aware to take joint make more and more people aware to take joint action.action.

Page 24: FOOD ADULTERATION ACT,1954

THE ENDTHE END