The Prevention of Food Adulteration Act 1954.pdf

The Prevention of Food Adulteration Act 1954.pdf

1. The Prevention of Food Adulteration Act, 1954
E – Content
Mr. Krishna Kumar,
Assistant Professor,
Department of Law,
School of Law,
Dr. Harisingh Gour Vishwavidyalya
(A Central University),
Sagar, Madhya Pradesh
Helloo learners,
I am Krishna kumar, Faculty of law ,at School of law, Dr.
Hari Singh Gour Vishwavidyalaya Sagar, Madhya Pradesh
Today’s topic of our discussion and learning is all about
The Prevention of Food Adulteration Act, 1954
.But before I move ahead to the introduction of this
discussion, let me introduce you about what we are going
to learn today .

Today’s lecture is divided into following modules
Module I – Introduction
Module II – Definition
Module III – Contents and Structure of act (Part A)
Module IV – Contents and Structure of act (Part B)
Module V – The Prevention of Food Adulteration Rules, 1955
Module VI – Conclusion

2. Module I – Introduction
As we all know that not only today but from the time immemorial since the start of life
on earth Food is one of the basic necessities for sustenance of not only human life
but for every being. For human beings, pure, fresh and healthy diet is most essential
for the health. It is no wonder to say that health of the citizens is national wealth.
Adulteration of food-stuffs was so rampant, widespread and persistent that
nothing short of a somewhat drastic remedy in the form of a comprehensive
legislation became the need of the hour. Adulteration of food-stuffs and other goods’
is now included in the Concurrent List (III) in the Constitution of India. Due to the lack
of uniformity in State legislations passed at different times without mutual
consultation, the Centre enacted the Prevention of Food Adulteration Act, 1954.

The Prevention of Food Adulteration Act, 1954 deals with eradication of the evil of
food adulteration, prohibition of adulteration and misbranding of food stuff, regulation
of consumer-supplier relations and prescribing punishment for the adulterators
because there existed an acute need to curtail this anti-social and economic evil
which was widespread and rampant in the society. This Act attempts to ensure that
the food is prepared, packed and stored under sanitary conditions and accordingly
made available to the people.

It came into effect from 1st June, 1955 and extends to the whole of India. It’s main
intention is to curb this evil at it’s root level itself, i.e., to curb the food adulteration
activities of the small vendors or retailers in the society. The compliances under this
Act are strict in nature and any non-compliance results into prosecution.

Module II – Definition
Now, we will discuss some of the important terms used and defined in the act.
Meaning of “Adulteration” - Adulteration means the act or process of adulterating,
the state of being adulterated i.e. it implies to make impure by adding or mixing of
anything inferior or spurious. According to Sec 2 (i) of the Act, any material which is
or could be employed for the purposes of adulteration is called adulterant.
According to Sec 2 (ia) of the Act, an article of food shall be deemed to be
adulterated if:
(a) it contains any other substance which affects, or is so processed as to affect
injuriously the nature, substance or quality thereof; or
(b) 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;
or
(c) any constituent of the article has been wholly or in part abstracted so as to
affect injuriously the nature, substances or quality thereof defines adulterated
as If an article of food is not of the quality demanded by the purchaser and is
not of the quality which it purports or represents, it can be said to be
adulterated; or

3. (d) the article had been prepared, packed or kept under insanitary conditions
whereby it has become contaminated or injurious to health; or
(e) the article consists wholly or in part of any filthy, putrid, rotten, decomposed or
diseased animal or vegetable substance or is insect infested or is otherwise
unfit for human consumption; or
(f) the article is obtained from a diseased animal; or (vii) the article contains any
poisonous or other ingredient which renders it injurious to health; or
(g) 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; or
(h) 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; or
(i) the article contains any prohibited preservative or permitted preservative in
excess of the prescribed limits; or
(j) 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; or
(k) 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, etc.
An article is not deemed to be adulterated where the quality or purity of the
article has fallen below the prescribed standards or its constituents are present
in quantities not within the prescribed limits of variability, solely due to natural
causes and beyond the control of human agency. Also, where two or more
articles of primary food are mixed together and the resultant article of food is
stored, sold or distributed under a name, which denotes the ingredients thereof;
and is not injurious to health, such an article is not deemed to be adulterated.
In a case, the food inspector purchased some chilly powder from the appellant,
for analysis in accordance with the Act to check adulteration and sent its sample
for analysis. According to the public analyst, ash was found mixed with the
sample obtained from the appellant and its concentration was 8.38 % by weight.
However, there could be a possibility of some error in the analysis. In this case
the appellant was convicted by the lower court but the apex court held that the
adulteration found in the sample was marginal and there being possibility of error
in analysis also, it would be unsafe to uphold the conviction of the appellant while
in other case, a mere addition of salt to chilly powder has been held to make it
injurious to health and it was considered adulterated on the ground that the
quantity and purity of the article had fallen below the prescribed standard.
According to the Sec 2(v) of the Act, the term "food" has been given very wide
meaning. It 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,

4. (c) and 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 the Act
The Act also deals with misbranded food items under Sec 2 (ix). An article of food
can be declared as 'misbranded' if :-
(a) 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; or
(b) it is falsely stated to be the product of any place or country; or
(c) it is sold by a name which belongs to another article of food; or
(d) 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; or
(e) false claims are made for it upon the label or otherwise; or
(f) it is 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; or
(g) 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 the package is otherwise
deceptive with respect to its contents; or
(h) 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; or
(i) 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; or
(j) 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; or
(k) it is not labelled in accordance with the requirements of this Act or rules made
thereunder.
Any article of food, being a produce of agriculture or horticulture in its natural
form means primary food under Sec 2 (xiia).
For the purpose of determining liability under the Act, the term "sale" under Sec 2
(xiii) has been defined to mean 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

5. 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.
Module – III Contents and Structure of act (Part A)
Now, we will discuss the content and the structure of the Act which is divided in two
parts i.e Module - III and Module - IV.

Under this module, we will discuss the initial half of the Act. This socio-economic
legislation of 1954 is an act to make provision for the prevention of food adulteration.
The whole act is comprising of 23 Sections. The Act comprises of provisions
regarding Preliminary, Central Committee for Food Standards and Central Food
Laboratory, General Provisions as to Food, Analysis of Food and Miscellaneous. The
Act further provides for the constitution of a central committee for food standards and
also vests central government with powers regarding setting up of standards of
quality for the articles of food and other related matters.

• The Preliminary part comprises of short title and commencement, definitions and
the rule of construction.

• The Act also provides for the constitution of Central Committee for Food Standards
and Central Food Laboratory, both are constituted by the Central Government
through notification in the official gazette to carry on the activities assigned to it.

Under Sec. 3 of the Act the central government is empowered to constitute a
committee called the Central Committee for Food Standards to advise the central
and state governments on matters arising out of the administration of this Act and to
carry out the other related functions. The committee shall consist of the
(a) Director-General, Health Services, (ex-officio member and chairman);
(b) the Director / Directors of the Central Food Laboratory / Laboratories;
(c) two experts nominated;
(d) one representative each of the departments of food and agriculture, the
central ministry of food and agriculture, commerce, defence, industry, supply
and railways, nominated;
(e) one representative each nominated by the government of each state;
(f) two representatives nominated represent the union territories;
(g) one representative each, nominated to represent the agricultural, commercial
and industrial interests;
(h) five representatives nominated to represent the consumers' interests, one of
whom to be from the hotel industry;

All the above nominations are to be made by central government

(i) one representative of the medical profession nominated by the Indian Council
of Medical Research;
(j) 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.

6. The rules to prescribe the functions of a central food laboratory and the local area or
areas within which such a laboratory may carry out its functions are to be framed by
the central government in consultation with the Central Committee for Food
Standards. The procedure for the submission of samples of articles of food for
analysis or tests to laboratory are also to be prescribed by the central government in
like manner under Sec.4 of the Act.
The general provisions of food contains the legal provisions pertaining to food like
prohibition of import of certain food articles into India or prohibition of manufacture,
sale, etc., of certain articles of food like adulterated food, misbranded food, etc under
Section 5 of the Act while Section 6 of Act provides for the detention of prohibited
article of food. Section 7 of the Act prohibits manufacture for sale, store, or
distribution of any adulterated food and misbranded food also. In fact, it lists out and
gives a clear description of the prohibited items.

For analysis of quality of food, the Central Government or the State Government
under Section 8 of the Act, by notification in the official gazette are empowered to
appoints Public Analysts or the Food Inspectors possessing prescribed qualifications
for such local areas as prescribed.

Under Section 9 of the Act, a food inspector can also be appointed by the Central or
State Government. The Food Inspectors are deemed to be a public servant within
the section 21 of I.P.C. The Food Inspector under Section 10, is empowered to take
the samples and send it for analysis to Public Analyst. The food inspector is also
empowered to exercise the authority of a police officer under section 42 Cr. P. C. 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.

Procedure to be Followed by Food Inspectors

Under Section 11, the Food Inspector will have to send one part of the sample to the
Public Analyst and two parts to the local ( health) authority. The Public Analyst on his
completion of the said analysis, submit a report in prescribed form to the Local
(Health) Authority, and if food analysed is adulterated he may institute the
proceedings against the concerned persons in the prescribed manner and inform
them that they may make an application to the court within a period of ten days from
the date of receipt of the copy of such report to get the sample of such food analysed
by the Central Food Laboratory whose certificate is final and binding .Section 12 of
the Act also empowers the purchaser or a recognized consumer association to
analyse an article of food by the public analyst on the payment of prescribed fee
which is to be refunded if the report shows the food is adulterated.

Module IV - Contents and Structure of act (Part B)

Under this module we will discuss the later half of the Act.

The Act also contains certain miscellaneous provisions like the manufacturers,
distributors and dealers to give warranty in prescribed form to the vendor prior to
their sale of food article(s) to them under section 14 while under section 14A he

7. shall disclose the name, etc. of the person from whom such article is purchased to
the Food Inspector, if needed.

Section 15 deals with the involvement of the medical practitioners to inform the
occurrence of food poisoning within their acknowledgement to the prescribed officer
as in the notification.

Section 16 provides for the penalties for contravention of the provisions of this Act
regarding the import into India or manufacture or distribute any adulterated or
misbranded article of food is punished with an imprisonment extending six months to
three years and fine not less than Rs 1,000/- . The punishments for other offences
relating to food adulteration are also prescribed under the section.

Section 17 of the Act mentions the offences committed by the companies. For the
offences committed by companies, the person in charge has been made liable who
may be excused on proving that the offence was committed without his knowledge
and he exercised due diligence to prevent the commission of the offence, otherwise
he / she may be punished with the same penalty as is prescribed under section 16 of
the Act.

Section 18 provides for the forfeiture of the article of food by the government which is
found to be in contravention of the provisions of the Act. The Act under Section 19
also prescribes the defences available during the prosecution of the vendor, etc.

The prosecution for offences under this Act, other than those relating to warranty can
be instituted only by or with the written consent of the central or state governments
or a person authorized in this behalf by either of them. However, a prosecution for an
offence under this Act may also be instituted by a purchaser or recognized consumer
association on the production of a copy of the report of the public analyst alongwith
the complaint in the court. The Act requires that any court inferior to that of a
metropolitan magistrate or a judicial magistrate of the first class cannot try an offence
under the Act.

Further the Act also empowers the appropriate governments to make rules in
consonance of which The prevention of Food Adulteration Rules, 1955 have been
framed by the Central Government. Section 24 empowers the State Governments to
make rules with regard to the implementation of the provisions of the Act.
Module V – The Prevention of Food Adulteration Rules, 1955
The Prevention of Food Adulteration Rules, 1955 are the rules applicable to the
whole of India which are divided from Part I to Part XIX, with three appendixs – A,B
& C wherein it deals with different aspects pertaining to the following :
 prevention of Food Adulteration like it’s applicability to the whole of India,
 functions and analysis of food samples by the Central Food Laboratory,
 the quality standards and its definitions,
 the qualifications, appointments, duties, powers and the working style of the
Public Analysts and Food Inspectors,

8.  the procedure pertaining to the sealing, fastening and dispatch of samples,
extent of colouring, packing and labelling of the food articles,
 prohibition, regulation and conditions for sales,
 procedure for obtaining the license for sale of food articles,
 provisions pertaining to usage of different food articles like preservatives,
poisonous metals, crop contaminants and naturally occurring toxic substances
or anti-oxidants, emulsifying, stabilizing agents, etc.

Module VI - Conclusion
Adulteration of food remains one of the serious problems in India due to scarcity of
conditions, poor purchasing power of the vast majority of the population and
ignorance of the consumers. It has been difficult for the state to effectively supervise
trading activities of public and private undertakings engaged in production,
distribution and sale of food stuffs. The primary objective of the law is to protect the
health of the community and to prevent the supply of adulterated foodstuffs by any
person, as a part of his business activity. The Act is, however, highly technical and
complex. It is very difficult to assume that the law has fully succeeded in attaining its
objectives. The rules framed under the Act deal with diverse matters of fixing
standards of quality of numerous articles of food, collection of samples, use of
preservatives and flavouring agents, licensing and labelling of food etc. There is a
need to fix accountability in case of negligence on the part of inspectors or any other
officers in the implementation of relevant directions under the Act. People should be
encouraged to make complaints against the adulterers without fear. There is also
lack of enough manpower (inspectors), lack of infrastructure (labs), and no time
frame for tests also. It is a weak law and the punishment part of it is also defective
because of too small fines. So the system needs to be overhauled at it earliest.
The Indian Government enacted a new food law known as the Food Safety and
Standards Act, 2006 and to give effect to the provisions of this Act, Rules and
Regulations have been made there under known as the Food Safety and Standards
Rules,2011 and Regulations 2011. The Act, Rules and Regulations have come into
force w.e.f. 5
th
August’2011.
This Food Safety Act consolidates all the previously existing laws relating to food
and to establish the Food Safety and Standards Authority of India for laying down
science based standards for articles of food and to regulate their manufacture,
storage, distribution, sale and import, to ensure availability of safe and wholesome
food for human consumption. The Food Authority acts as a single window to provide
guidance and issue clarifications/advisories for all matters related to food safety. It is
a correction nto all food laws prevailing in India.
So students hope in this lecture you have got a detail idea about Constitution of
India,.If you have missed any of lecture in this series or modules you may log on to
our web site www.cec.nic.in for LOR,Frequently asked question ,assingments and
many more .

9. I will again meet you in another session with more learning lectures in coming
episodes ,so till then keep learning ,,thank you....!!!

LOR
Q 1.What is adulteration?
Adulteration means the act or process of adulterating, the state of being adulterated
i.e. it implies to make impure by adding or mixing of anything inferior or spurious.
According to Sec 2 (i) of the Act, any material which is or could be employed for the
purposes of adulteration is called adulterant

Q 2.How Govt.of India full fills the short coming of prevention of food adulteration act
1954?

The Indian Government enacted a new food law known as the Food Safety and
Standards Act, 2006 and to give effect to the provisions of this Act, Rules and
Regulations have been made there under known as the Food Safety and Standards
Rules,2011 and Regulations 2011. The Act, Rules and Regulations have come into
force w.e.f. 5th August’2011



Objective of the topic
The objective of the topic is to understand the law relating to the food adulteration.
Food is the basic essential for human life, therefore, it is to be free from all
impurities. With the object of improving and aware about the health of the citizens,
the Act has been enacted by the government and to make the people aware about
the food laws is the object of the topic.
Summary of the topic
The topic is divided into six modules. First module discusses the introduction of the
topic regarding the need of the Prevention of Food Adulteration Act, 1954 and the
prevention of the Food Adulteration Rules, 1955. In the second module the definition
of the important terms given in the Act are discussed. In the third and fourth module
the contents and structure of the Act has been discussed. As it is not possible to

10. discuss the Act section wise, an attempt to cover the major portion by discussing the
crux has been the objective of the topic. In module five, the highlights of the
Prevention of Food Adulteration Rules, 1955 are provided and lastly in the sixth
module the topic has been concluded by the shortcomings of the Act and the
improvement made by the Indian Government by enacting the Food Safety and
Standards Act, 2006.

Assignment-6
Reference
Websites
https://www.unodc.org
http://www.lawsindia.com
https://www.indiankanoon.org
List of referred Statutes / Rules
The Prevention of Food Adulteration Act, 1954
The Prevention of Food Adulteration Rules, 1955
Glossary
Adulteration – to debase or make impure by adding inferior materials or
elements; use cheaper, inferior, or less desirable goods in the
production
condiments – something used to give a special flavour to food, as
mustard, ketchup, salt, or spices.
Deceive - to mislead by a false appearance or statement; delude:
fictitious - created, taken, or assumed for the sake of concealment; not
genuine; false:
horticulture - the science and art of cultivating garden, orchard, or
nursery
misbranding - to brand illegally, as with another's trademark

11. preservative- a chemical substance used to preserve foods or other
organic materials from decomposition or fermentation.
vendor – a person or agency that sells.
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