CHANAKYA NATIONAL LAW

UNIVERSITY

Project Topic:- Food Adulteration And

Inspection

Submitted to:
Mr.KUMAR GAURAV,
(Faculty of Health Law),

Submitted by,
Aishwarya
Roll no.-10o3
Semester-10th (B.B.A,.LL.B)
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 ACKNOWLEDGEMENT
Apart from the efforts of the researcher, the success of any project depends largely on the
encouragement and guidelines of many others. I take this opportunity to express my
gratitude to the people who have been instrumental in the successful completion of this
project.

I would like to show my greatest appreciation to Mr.KUMAR GAURAV. I can’t say

thank you enough for his tremendous support and help. I feel motivated and encouraged
every time I attend his lectures. Without his encouragement and guidance this project
would not have materialized.

The guidance and support received from all the members who contributed and who are
contributing to this project, was vital for the success of the project. I am grateful for their
constant support and help.

To complete this project was not easy, but due to kind help from many persons I was able
to complete my project work without any difficulty.

I am thankful to my librarians, who provided me the books and materials required for the
completion of this project.

I am grateful to all my friends, from whom I got the meticulous comments and
suggestions which proved very beneficiary in the completion of this project and I am also
grateful to my parents for supporting me.

Finally, I am thankful to all those individuals and institutions that directly and indirectly
provided me the materials which helped me to complete this project.

AISHWARYA

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 CONTENT

1. INTRODUCTION......................................................
 Aims and Objectives................................................
 Hypothesis………………………………………………………
 Research Methodology............................................
 Research Question...................................................
2. Food Safety And Standards Act,2006
.......................................................................................
3. Prevention Of Food Adulteration Act, 1954
…………………………………………………………………………….
4. Public Health , Right To Health, Right To Life
……………………………………………………………………………..
5. Food Adulteration –A Menace To The Society
……………………………………………………………………………..
6. Conclusion And Suggestions
.......................................................................................
7. Bibliography..................................................................

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 Table of Cases
1) Municipal Corporation of Delhi v. Ram Chand. (1985) I-F
A.C 79 at P. 84 (Delhi).
2) Paschim Banga Khet mazdoor Samity & ors v. State of West
Bengal & or
3) The State Of Maharashtra vs Shri R.A. Chandawarkar &
Other on 18 February, 1998
4) Municipal Corporation of Delhi Vs. Laxmi Narain Tandon
etc.
5) H.L. Nellashekara vs The Food Inspector Primary Health
6) Dinesh Kumar v. State of Madhya Pradesh,
7) Sardarmal Jain v. Nagar Nigam and Another
8) Swami Achyutanand Tirth & Ors. Vs. Union of India & Ors
9) Nestle India Ltd. And Anr. vs State Of Gujarat And Ors. on 3
July, 1997 In the case of Ms. Pesticides India and Ors. v.
State of Rajasthan 1996 Cri. LR 254 (Raj.),
10) Mother Dairy’s case-
11) Harnam’s case 2017

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OBJECT OF STUDY
The researcher’s aim is to get deep knowledge about the Food safety and standards
Act.2006.
To know about prevention of food adulteration act, 1954 and judicial approach.

To know about right to life and right to health related to food adulteration and
inspection..

HYPOTHESIS
There are sufficient laws related to food adulteration and inspection.
Unfortunately, there is very little awareness among the Indian public. People are
tempted to buy cheaper food and they are likely then to purchase adulterated food.
Adulteration a rising problem in india.

RESEARCH METHODOLOGY
The project involves doctrinal research.

DOCTRINAL RESEARCH- The research in which researcher is going to get

solution of the written issue with the use of books, e-books, journals, magazines,
articles, newspaper and net sources etc.

RESEARCH QUESTIONS
1. How to solve the problems related to food adulteration in india?
2. What are the rights related to food adulteration and inspection and its
judicial approach?
3. What are the laws under food safety and standards act, 2006?
4. How the food adulteration is menace to the society?

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 1. INTRODUCTION
Food plays a pretty vital role in human existence. Food is one such thing which is a basic
necessity as well as a luxury depending upon the circumstances and its availability. Food is
considered to be a source of energy and sustenance.

Adulteration is a legal term meaning that a food product fails to meet legal standards.
Adulteration is an addition of another substance to a food item in order to increase the
quantity of the food item in raw form or prepared form, which may result in the loss of actual
quality of food item. These substances may be other available food items or non-food items.

Food adulteration is the process in which the quality of food is lowered either by the addition
of inferior quality material or by extraction of valuable ingredient. It not only includes the
intentional addition or substitution of the substances but biological and chemical
contamination during the period of growth, storage, processing, transport and distribution of
the food products, is also responsible for the lowering or degradation of the quality of food
products. Adulterants are those substances which are used for making the food products
unsafe for human consumption.

Under the previous food laws any food product with lowered or degraded quality used to be
defined as Adulterated Food but under the new laws (FSS Act, 2006), the word adulterated
food has been termed as Substandard Food, Unsafe Food or Food containing the extraneous
matter. Food products are said to be adulterated if their quality is adversely affected by
adding of any substance which is injurious to health or by abstracting a nutritious substance.

A food item is said to be adulterated if:

 A substance which is added is injurious for human consumption.

 An inferior substance substitutes wholly or partly.1

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  A valuable ingredient has been abstracted from the food product, wholly or in part.2

Adulteration was defined as being the fraudulent addition to any substance of another, for the
sake of increased sale or profit. The oxford dictionary defines it as making some substance
impure by adding any impurities or removing a vital component. It means the reduction in
quality of the food substances either by addition of foreign substances. A substance added to
a food-item to reduce its quality in order to increase its quantity is called as an adulterant.

The food in many of these outlets is cooked with poor quality ingredients to attract and
satisfy the palate rather than provide a wholesome nutritional meal. We now have a lot more
varieties and choices available in the markets. But, some of us may not be aware of the fact
that the food we consume may be adulterated. Surveys suggest that 25 to 30 percent of the
food items in India are intentionally adulterated!

Food adulteration is the addition or removal of any substances to or from food so that the
natural composition and quality is affected. Adulterated food is impure, unsafe and not
wholesome. Food can be adulterated intentionally and accidentally.3

Generally, if a food contains a poisonous or deleterious substance that may render it injurious
to health, it is considered to be adulterated. Second, if the poisonous or deleterious substance
is unavoidable and is within an established tolerance, regulatory limit, or action level, the
food will not be deemed to be adulterated. If a food contains a poisonous substance in excess
of a tolerance, regulatory limit, or action level, mixing it with "clean" food to reduce the
level of contamination is not allowed. The deliberate mixing of adulterated food with good
food renders the finished product adulterated. Filth and extraneous material include any
objectionable substances in foods, such as foreign matter (for example, glass, metal, plastic,
wood, stones, sand, cigarette butts), undesirable parts of the raw plant material etc.

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 2. FOOD SAFETY AND STANDARDS ACT,2006
An Act to consolidate the 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 and for matters connected therewith or
incidental thereto. Food Safety and Standards Authority of India (FSSAI) is an autonomous
body established under the Ministry of Health & Family Welfare, Government of India. The
FSSAI has been established under the Food Safety and Standards Act, 2006 which is a
consolidating statute related to food safety and regulation in India. FSSAI is responsible for
protecting and promoting public health through the regulation and supervision of food safety.

The FSSAI is headed by a non-executive Chairperson, appointed by the Central Government,

either holding or has held the position of not below the rank of Secretary to the Government
of India. Ashish Bahuguna is the current Chairperson for FSSAI and Pawan Kumar Agarwal
is the current Chief Executive Officer for FSSAI.

The FSSAI has its headquarters at New Delhi. The authority also has 6 regional offices
located in Delhi, Guwahati, Mumbai, Kolkata, Cochin, and Chennai.4

1. Short title, extent and commencement

(1) This Act may be called the Food Safety and Standards Act, 2006.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint, and different dates may be appointed for different provisions of
this Act and any reference in any such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.

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2. Declaration as to expediency of control by the Union.

It is hereby declared that it is expedient in the public interest that the Union should take
under its control the food industry.

3. Definitions.

(1) In this Act, unless the context otherwise requires, –

(a) “adulterant” means any material which is or could be employed for making the food
unsafe or sub-standard or mis-branded or containing extraneous matter;

(b) “advertisement” means any audio or visual publicity, representation or pronouncement

made by means of any light, sound, smoke, gas, print, electronic media, internet or website
and includes through any notice, circular, label, wrapper, invoice or other documents;

(i) “extraneous matter” means any matter contained in an article of food which may be
carried from the raw materials, packaging materials or process systems used for its
manufacture or which is added to it, but such matter does not render such article of food
unsafe;

(j) “Food” means any substance, whether processed, partially processed or unprocessed,
which is intended for human consumption and includes primary food to the extent defined in
clause (zk), genetically modified or engineered food or food containing such ingredients,
infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance,
including water used into the food during its manufacture, preparation or treatment but does
not include any animal feed, live animals unless they are prepared or processed for placing
on the market for human consumption, plants, prior to harvesting, drugs and medicinal
products, cosmetics, narcotic or psychotropic substances :5

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Provided that the Central Government may declare, by notification in the Official Gazette,
any other article as food for the purposes of this Act having regards to its use, nature,
substance or quality;

(k) “food additive” means any substance not normally consumed as a food by itself or used
as a typical ingredient of the food, whether or not it has nutritive value, the intentional
addition of which to food for a technological (including organoleptic) purpose in the
manufacture, processing, preparation, treatment, packing, packaging, transport or holding of
such food results, or may be reasonably expected to result (directly or indirectly), in it or its
by-products becoming a component of or otherwise affecting the characteristics of such food
but does not include “contaminants” or substances added to food for maintaining or
improving nutritional qualities;

(q) “food safety” means assurance that food is acceptable for human consumption according
to its intended use;

(r) “food safety audit” means a systematic and functionally independent examination of food
safety measures adopted by manufacturing units to determine whether such measures and
related results meet with objectives of food safety and the claims made in that behalf;

(u) “hazard” means a biological, chemical or physical agent in, or condition of, food with the
potential to cause an adverse health effect;

(zm) “risk”, in relation to any article of food, means the probability of an adverse effect on
the health of consumers of such food and the severity of that effect, consequential to a food
hazard;

(zn) “risk analysis”, in relation to any article of food, means a process consisting of three
components, i.e. risk assessment, risk management and risk communication;6

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(zo) “risk assessment” means a scientifically based process consisting of the following steps :
(i) hazard identification,(ii) hazard characterisation; (iii) exposure assessment, and (iv) risk
characterisation;

(zp) “risk communication” means the interactive exchange of information and opinions
throughout the risk analysis process concerning risks, risk-related factors and risk
perceptions, among risk assessors, risk managers, consumers, industry, the academic
community and other interested parties, including the explanation of risk assessment findings
and the basis of risk management decisions;

(zq) “risk management” means the process, distinct from risk assessment, of evaluating
policy alternatives, in consultation with all interested parties considering risk assessment and
other factors relevant for the protection of health of consumers and for the promotion of fair
trade practices, and, if needed, selecting appropriate prevention and control options;

(zz) “unsafe food” means an article of food whose nature, substance or quality is so affected
as to render it injurious to health :—

(i) by the article itself, or its package thereof, which is composed, whether wholly or in part,
of poisonous or deleterious substance; or

(ii) by the article consisting, wholly or in part, of any filthy, putrid, rotten, decomposed or
diseased animal substance or vegetable substance; or

(iii) by virtue of its unhygienic processing or the presence in that article of any harmful
substance; or

(iv) by the substitution of any inferior or cheaper substance whether wholly or in part; or

(v) by addition of a substance directly or as an ingredient which is not permitted; or

(vi) by the abstraction, wholly or in part, of any of its constituents; or7

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(vii) by the article being so coloured, flavoured or coated, powdered or polished, as to
damage or conceal the article or to make it appear better or of greater value than it really is;
or

(viii) by the presence of any colouring matter or preservatives other than that specified in
respect thereof; or

(ix) by the article having been infected or infested with worms, weevils, or insects; or

(x) by virtue of its being prepared, packed or kept under insanitary conditions; or

(xi) by virtue of its being mis-branded or sub-standard or food containing extraneous matter;
or

(xii) by virtue of containing pesticides and other contaminants in excess of quantities

specified by regulations.

CHAPTER II

 FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

4. Establishment of Food Safety and Standards Authority of India.

(1) The Central Government shall, by notification, establish a body to be known as the Food
Safety and Standards Authority of India to exercise the powers conferred on, and to perform
the functions assigned to, it under this Act.

(2) The Food Authority shall be a body corporate by the name aforesaid, having perpetual
succession and a seal with power to acquire, hold and dispose of property, both movable and
immovable, and to contract and shall, by the said name, sue or be sued.

(3) The head office of the Food Authority shall be at Delhi.

(4) The Food Authority may establish its offices at any other place in India.8

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5. Composition of Food Authority and qualifications for appointment of its
Chairperson and other Members

(1) The Food Authority shall consist of a Chairperson and the following twenty-two
members out of which one-third shall be women, namely.

(a) seven Members, not below the rank of a Joint Secretary to the Government of India, to be
appointed by the Central Government, to respectively represent the

Ministries or Departments of the Central Government dealing with -

(i) Agriculture, (ii) Commerce, (iii) Consumer Affairs, (iv) Food Processing, (v) Health,

(vi) Legislative Affairs, (vii) Small Scale Industries,

who shall be Members ex officio;

(b) two representatives from food industry of which one shall be from small scale industries;

(c) two representatives from consumer organisations;

(d) three eminent food technologists or scientists;

(e) five members to be appointed by rotation every three years, one each in seriatim from the
Zones as specified in the First Schedule to represent the States and the Union territories;

(f) two persons to represent farmers’ organisations;

(g) one person to represent retailers’ organisations.

(2) The Chairperson and other Members of the Food Authority shall be appointed in such a
manner so as to secure the highest standards of competence, broad range of relevant

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expertise, and shall represent, the broadest possible geographic distribution within the
country.9

(3) The Chairperson shall be appointed by the Central Government from amongst the persons
of eminence in the field of food science or from amongst the persons from the administration
who have been associated with the subject and is either holding or has held the position of
not below the rank of Secretary to the Government of India.

(4) The Chairperson and the Members other than ex officio Members of the Food Authority
shall be appointed by the Central Government on the recommendations of the Selection
Committee.

(5) The Chairperson or Members other than ex-officio Members of the Food Authority shall
not hold any other office.

7. Term of Office, salary, allowances and other conditions of service of Chairperson

and Members of Food Authority

(1) The Chairperson and the members other than ex officio Members shall hold office for a
term of three years from the date on which they enter upon their offices, and shall be eligible
for re-appointment for a further period of three years:

Provided that the Chairperson shall not hold office as such after he has attained the age of
sixty-five years.

(a) in the case of the Chairperson, the age of sixty-five years, and

(b) in the case of a Member, the age of sixty-two years.

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(2) The salary and allowances payable to, and the other terms and conditions of service of the
Chairperson and Members other than ex-officio Members shall be such as may be prescribed
by the Central Government.

(3) The Chairperson and every Member shall, before entering upon his office,10

make and subscribe to an oath of office and of secrecy in such form and in such manner and
before such authority as may be prescribed by the Central Government.
(4) Notwithstanding anything contained in sub-section the Chairperson or any Member may
– (a) relinquish his office by giving in writing to the Central Government a notice of not less
than three months; or

(b) be removed from his office in accordance with the provisions of section 8.

(5) The Chairperson or any Member ceasing to hold office as such shall not represent any
person before the Food Authority or any State Authority in any manner.
8. Removal of Chairperson and Members of Food Authority.

(1) Notwithstanding anything contained in sub-section (1) of section 7, the Central

Government may, by order, remove from office the Chairperson or any other Member, if the
Chairperson or as the case may be, such other Member,—

(a) has been adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the Central Government,
involves moral turpitude; or

(c) has become physically or mentally incapable of acting as a Member; or

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(d) has acquired such financial or other interests as is likely to affect prejudicially his
functions as a Member; or

(e) has so abused his position as to render his continuance in office prejudicial to the public
interest.

(2) No Member shall be removed under clauses (d) and (e) of sub-section (1) unless he has
been given a reasonable opportunity of being heard in the matter.11

9. Officers and other employees of Food Authority.

(1) There shall be a Chief Executive Officer of the Food Authority, not below the rank of
Additional Secretary to the Government of India, who shall be the Member-Secretary of the
Authority, to be appointed by the Central Government.

(2) The Food Authority may, with the approval of the Central Government, determine the
number, nature and categories of other officers and employees required to the Food
Authority in the discharge of its functions.

(3) The salaries and allowances payable to and other conditions of service of, the Chief
Executive Officer, officers, and other employees shall be such as may be specified by
regulations by the Food Authority with the approval of the Central Government.

13. Scientific Panels.

(1) The Food Authority shall establish scientific panels, which shall consist of independent
scientific experts.

(2) The Scientific Panel shall invite the relevant industry and consumer representatives in its
deliberations.

(3) Without prejudice to the provisions of sub-section (1), the Food Authority may establish
as many Scientific Panels as it considers necessary in addition to the Panels on:

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(a) food additives, flavourings, processing aids and materials in contact with food;

(b) pesticides and antibiotics residues;

(c) genetically modified organisms and foods;

(d) functional foods, nutraceuticals, dietetic products and other similar products;12

(e) biological hazards;

(f) contaminants in the food chain;

(g) labelling; and

(h) method of sampling and analysis.

(4) The Food Authority may from time to time re-constitute the Scientific Panels by adding
new members or by omitting the existing members or by changing the name of the panel as
the case may be.

16. Duties and functions of Food Authority.

(1) It shall be the duty of the Food Authority to regulate and monitor the manufacture,
processing, distribution, sale and import of food so as to ensure safe and wholesome food.

(2) Without prejudice to the provisions of sub-section (1),the Food Authority may by
regulations specify

(a) the standards and guidelines in relation to articles of food and specifying an appropriate
system for enforcing various standards notified under this Act;

(b) the limits for use of food additives, crop contaminants, pesticide residues, residues of
veterinary drugs, heavy metals, processing aids, myco-toxins, antibiotics and
pharmacological active substances and irradiation of food;

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(c) the mechanisms and guidelines for accreditation of certification bodies engaged in
certification of food safety management systems for food businesses;

(d) the procedure and the enforcement of quality control in relation to any article of food
imported into India;

(e) the procedure and guidelines for accreditation of laboratories and notification of the
accredited laboratories;

(f) the method of sampling, analysis and exchange of information among enforcement
authorities;

(g) conduct survey of enforcement and administration of this Act in the country;

(h) food labelling standards including claims on health, nutrition, special dietary uses and
food category systems for foods; and

(i) the manner in which and the procedure subject to which risk analysis, risk assessment,
risk communication and risk management shall be undertaken.

(3) The Food Authority shall also –

(a) provide scientific advice and technical support to the Central Government and the State
Governments in matters of framing the policy and rules in areas which have a direct or
indirect bearing on food safety and nutrition;

(b) search, collect, collate, analyse and summarise relevant scientific and technical data
particularly relating to –

(i) food consumption and the exposure of individuals to risks related to the consumption of
food;

(ii) incidence and prevalence of biological risk;

(iii) contaminants in food;

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(iv) residues of various contaminants;

(v) identification of emerging risks; and

(vi) introduction of rapid alert system;

(c) promote, co-ordinate and issue guidelines for the development of risk assessment
methodologies and monitor and conduct and forward messages on the health and nutritional
risks of food to the Central Government, State

Governments and Commissioners of Food Safety;

(d) provide scientific and technical advice and assistance to the Central Government and the
State Governments in implementation of crisis management procedures with regard to food
safety and to draw up a general plan for crisis management and work in close co-operation
with the crisis unit set up by the Central Government in this regard;

(e) establish a system of network of organisations with the aim to facilitate a scientific co-
operation framework by the co-ordination of activities, the exchange of information, the
development and implementation of joint projects, the exchange of expertise and best
practices in the fields within the Food Authority’s responsibility;

(f) provide scientific and technical assistance to the Central Government and the State
Governments for improving co-operation with international organisations;

(g) take all such steps to ensure that the public, consumers, interested parties and all levels of
panchayats receive rapid, reliable, objective and comprehensive information through
appropriate methods and means;

(h) provide, whether within or outside their area, training programmes in food safety and
standards for persons who are or intend to become involved in food businesses, whether as
food business operators or employees or otherwise;

(i) undertake any other task assigned to it by the Central Government to carry out the objects
of this Act;

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(j) contribute to the development of international technical standards for food, sanitary and
phyto-sanitary standards;

(k) contribute, where relevant and appropriate to the development of agreement on

recognition of the equivalence of specific food related measures;13

(l) promote co-ordination of work on food standards undertaken by international

governmental and nongovernmental organisations;

(m) promote consistency between international technical standards and domestic food
standards while ensuring that the level of protection adopted in the country is not reduced;
and

(n) promote general awareness as to food safety and food standards.

(4) The Food Authority shall make it public without undue delay –

(a) the opinions of the Scientific Committee and the Scientific Panel immediately after
adoption;

(b) the annual declarations of interest made by members of the Food Authority, the Chief
Executive Officer, members of the Advisory Committee and members of the Scientific
Committee and Scientific Panel, as well as the declarations of interest if any, made in
relation to items on the agendas of meetings;

(c) the results of its scientific studies; and

(d) the annual report of its activities;

(5) The Food Authority may from time to time give such directions, on matters relating to
food safety and standards, to the Commissioner of Food Safety, who shall be bound by such
directions while exercising his powers under this Act;

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(6) The Food Authority shall not disclose or cause to be disclosed to third parties confidential
information that it receives for which confidential treatment has been requested and has been
acceded, except for information which must be made public if circumstances so require, in
order to protect public health.

20. Contaminants, naturally occurring toxic substances, heavy metals, etc No article of food
shall contain any contaminant, naturally occurring toxic substances

or toxins or hormone or heavy metals in excess of such quantities as may be specified by

regulations.

21. Pesticides, veterinary drugs residues, antibiotic residues and microbiological counts

(1) No article of food shall contain insecticides or pesticides residues, veterinary drugs
residues, antibiotic residues, solvent residues, pharmacological active substances and micro-
biological counts in excess of such tolerance limit as may be specified by regulations.

(2) No insecticide shall be used directly on article of food except fumigants registered and
approved under the Insecticides Act, 1968 (46 of 1968).

56. Penalty for unhygienic or unsanitary processing or manufacturing of food.

Any person who, whether by himself or by any other person on his behalf, manufactures or
processes any article of food for human consumption under unhygienic or unsanitary
conditions, shall be liable to a penalty which may extend to one lakh rupees.

57. Penalty for possessing adulterant.

(1) Subject to the provisions of this chapter, if any person who whether by himself or by any
other person on his behalf, imports or manufactures for sale, or stores, sells or distribute any
adulterant shall be liable –

(i) where such adulterant is not injurious to health, to a penalty not exceeding two lakh
rupees;

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(ii) where such adulterant is injurious to health, to a penalty not exceeding ten lakh rupees.

(2) In a proceeding under sub-section (1), it shall not be a defence that the accused was
holding such adulterant on behalf of any other person.

59. Punishment for unsafe food.14

Any person who, whether by himself or by any other person on his behalf, manufactures for
sale or stores or sells or distributes or imports any article of food for human consumption
which is unsafe, shall be punishable,–

(i) where such failure or contravention does not result in injury, with imprisonment for a term
which may extend to six months and also with fine which may extend to one lakh rupees;

(ii) where such failure or contravention results in a non-grievous injury, with imprisonment
for a term which may extend to one year and also with fine which may extend to three lakh
rupees;

(iii) where such failure or contravention results in a grievous injury, with imprisonment for a
term which may extend to six years and also with fine which may extend to five lakh rupees;

(iv) where such failure or contravention results in death, with imprisonment for a term which
shall not be less than seven years but which may extend to imprisonment for life and also
with fine which shall not be less than ten lakh Rupees.

70. Establishment of Food Safety Appellate Tribunal.

(1) The Central Government or as the case may be, the State Government may, by
notification, establish one or more tribunals to be known as the Food Safety Appellate
Tribunal to hear appeals from the decisions of the Adjudicating Officer under section 68.

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22
(2) The Central Government or the State Government, as the case may be, shall prescribe, the
matters and areas in relation to which the Tribunal may exercise jurisdiction.

(3) The Tribunal shall consist of one person only (hereinafter referred to as the Presiding
Officer of the Tribunal) to be appointed, by notification, by the Central Government or the
State Government, as the case may be:

Provided that no person shall be qualified for appointment as a Presiding Officer to the
Tribunal unless he is or has been a District Judge.

23
 3. PREVENTION OF FOOD ADULTERATION ACT, 1954
2. Definitions. –

In this Act unless the context otherwise requires, --

1[(i) “adulterant” means any material which is or could be employed for the purpose of
adulteration;]

2 [(i-a)] “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 affect, 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 has been prepared, packed or kept under in sanitary 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;

(g) If the article is obtained from a diseased animal;15

15
By anonymous available at
http://www.advocatekhoj.com/library/bareacts/preventionoffood/2.php?Title=Prevention%20of%20Food%20Adu
lteration%20Act,%201954&STitle=Definitions last visited on 25/04/2018,11:05pm IST

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(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;

4[(j) If any coloring matter, other than that prescribed in respect thereof is present in the
article, or if the amounts of the prescribed coloring 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;

5[(l) If’ the quality or purity of the article falls below the prescribed standards 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 a 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.

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.

25
4. Central Food Laboratory. -

[(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.]16

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 license is prescribed, except in accordance
with the conditions of the license: and

(iv) Any article of food in contravention of any other provision of this Act or of any rule
made thereunder.17

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:

16
By anonymous available at
http://www.advocatekhoj.com/library/bareacts/preventionoffood/4.php?Title=Prevention%20of%20Food%20Adu
lteration%20Act,%201954&STitle=Central%20Food%20Laboratory last visited on 25/04/2018,11:15pm IST

17
By anonymous available at
http://www.advocatekhoj.com/library/bareacts/preventionoffood/5.php?Title=Prevention%20of%20Food%20Adu
lteration%20Act,%201954&STitle=Prohibition%20of%20import%20of%20certain%20articles%20of%20food last
visited on 25/04/2018,11:25pm IST

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(ii) Any misbranded food.

(iii) Any article of food for the sale of which a license is prescribed, except in accordance
with the conditions or the license;

(iv) Any article of food the sale of which is for the time being prohibited by the Food
(Health) Authority 1[in the interest of public health

(v) Any article of food in contravention of any other provision of’ this Act or of any rule
made thereunder, 3[or]

[(vi) Any adulterant.

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 Cl. (iii) of- Cl. (iu)
it he stores such food for the manufacture there from of any article of food for sale.]18

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, leaving 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 Sec.
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.19

18
By anonymous available at
http://www.advocatekhoj.com/library/bareacts/preventionoffood/7.php?Title=Prevention%20of%20Food%20Adu
lteration%20Act,%201954&STitle=Prohibitions%20of%20manufacture,%20sale,%20etc.%20of%20certain%20articl
es%20of%20food last visited on 25/04/2018,11:35pm IST

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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;

[(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.]

[Explanation-For the purposes of sub-clause (iii) of’ Cl. (a), consignee” does not include a
person who purchases or receives any article of food for his own consumption.]

[(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 intended for sale as such food].

19
By anonymous available at
http://www.advocatekhoj.com/library/bareacts/preventionoffood/9.php?Title=Prevention%20of%20Food%20Adu
lteration%20Act,%201954&STitle=Inspectors last visited on 26/04/2018,11:25pm IST

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(3) Where any sample is taken under Cl. (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; 2[and he shall, in either
case, take a sample of’ such article and submit the same for analysis to a public analyst):

[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 securities as the Food Inspector deems fit and the vendor shall
execute the bond accordingly.]

[(4-A) 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 the 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

[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 ease may be, in Occupation of
premises, if he is present therein, refuse,, 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, arid
inspection of any place under this section, follow, as far as may be the provisions of the

29
6[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.20(

6) 7[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 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 of proceeding under this Act, may be seized by the Food
Inspector and a sample of such adulterant submitted for analysis to a public analyst :

[(7-A) Where any books of account or other documents are seized under subsection (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 there
from 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 there from as certified by the Court have been taken.

(7-B) 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 i-nay exercise the powers of a police officer 11[under Sec. 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.21

20
By anonymous available at
http://www.advocatekhoj.com/library/bareacts/preventionoffood/10.php?Title=Prevention%20of%20Food%20Ad
ulteration%20Act,%201954&STitle=Powers%20of%20Food%20Inspector last visited on 26/04/2018,11:25pm IST

21
By anonymous available at
http://www.advocatekhoj.com/library/bareacts/preventionoffood/10.php?Title=Prevention%20of%20Food%20Ad
ulteration%20Act,%201954&STitle=Powers%20of%20Food%20Inspector last visited on 26/04/2018,11:45pm IST

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(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
11[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 11[with fine which shall not be less than five
hundred rupees but which may extend to one thousand rupees].

15. Notification of food poisoning. –

[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. Municipal Corporation of
Delhi v. Ram Chand. (1985) I-F A.C 79 at P. 84 (Delhi).22

16. Penalties. – (a) Whether by himself or by any other person on his behalf, imports into
India or manufactures for sale, or stores, sells or distributes any article of food—

(b) Whether by himself or by any other person on his behalf, imports into India or
manufactures for sale, or stores, sells or distributes any adulterant which is not injurious to
health; or

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:

22
By anonymous available at
http://www.advocatekhoj.com/library/bareacts/preventionoffood/15.php?Title=Prevention%20of%20Food%20Ad
ulteration%20Act,%201954&STitle=Notification%20of%20food%20poisoning last visited on 26/04/2018,11:50pm
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(ii) Any adulterant which is injurious in addition to the penalty to which he may be liable
under the provisions of’ Sec.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 :

32
 4. PUBLIC HEALTH, RIGHT TO HEALTH AND RIGHT TO
LIFE

Public health is defined as the science of protecting the safety and improving the health of
communities through education, policy making and research for disease and injury
prevention.

The definition of public health is different for every person. Whether you like to crunch
numbers, conduct laboratory or field research, formulate policy, or work directly with people
to help improve their health, there is a place for you in the field of public health. Being a
public health professional enables you to work around the world, address health problems of
communities as a whole, and influence policies that affect the health of societies.23

Public health is "the science and art of preventing disease, prolonging life and promoting
human health through organized efforts and informed choices of society, organizations,
public and private, communities and individuals."[1] Analyzing the health of a population
and the threats is the basis for public health.[2] The "public" in question can be as small as a
handful of people, an entire village or it can be as large as several continents, in the case of a
pandemic. "Health" takes into account physical, mental and social well-being. It is not
merely the absence of disease or infirmity, according to the World Health Organization.[3]
Public health is interdisciplinary. For example, epidemiology, biostatistics and health
services are all relevant. Environmental health, community health, behavioral health, health
economics, public policy, mental health and occupational safety are other important
subfields.

Public health aims to improve the quality of life through prevention and treatment of disease,
including mental health. This is done through the surveillance of cases and health indicators,
and through the promotion of healthy behaviors.

23
By anonymous available at https://www.publichealth.pitt.edu/careers/what-is-public-health last visited on
27/04/2018,12:10pm IST

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Common public health initiatives include promoting hand washing and breastfeeding,
delivery of vaccinations, suicide prevention and distribution of condoms to control the spread
of sexually transmitted diseases.

The aim of World Health Day 2005 is to create momentum that compels governments, the
international community, civil society and individuals to take action to improve the health
and well-being of mothers and children – and especially to help save the lives of millions of
mothers and children who are dying each year during childbirth and early childhood.

The main objectives of World Health Day 2005 are to:

Raise awareness of the extent of illness, suffering and death among mothers and children,
and its impact on health as well as social and economic development.24

 Right to Health in the Constitution of India

Definition of health: – The widely acceptable definition of health is that given by the WHO
in the preamble of its constitution, according to World Health Organization, “Health is a state
of complete physical, mental and social wellbeing and not merely the absence of disease[1].”
In recent years, this statement has been amplified to include the ability to lead a ‘socially and
economically productive life’. Through this definition, WHO has helped to move health
thinking beyond a limited, biomedical and pathology-based perspective to the more positive
domain of “well being”. Also, by explicitly including the mental and social dimensions of
well being, WHO has radically expanded the scope of health and by extension, the role and
responsibility of health professionals and their relationship to the larger society.

Right to health is not included directly in as a fundamental right in the Indian Constitution
.The Constitution maker imposed this duty on state to ensure social and economic justice.25

24
By anonymous available at http://www.who.int/world-health-day/previous/2005/objectives/en/ last visited on
27/04/2018,12:20pm IST

25
By anonymous available at https://www.legalindia.com/right-to-health/ last visited on 27/04/2018,12:30pm IST

34
Part four of Indian constitution which is DPSP imposed duty on States. If we only see those
provisions then we find that some provisions of them has directly or indirectly related with
public health. The Constitution of India not provides for the right to health as a fundamental
right. The Constitution directs the state to take measures to improve the condition of health
care of the people. Thus the preamble to the Constitution of India, inter alia, seeks to secure
for all its citizens justice-social and economic. It provides a framework for the achievement
of the objectives laid down in the preamble. The preamble has been amplified and elaborated
in the Directive Principles of State policy.

Directive Principle of State Policy and Health: – Article 38 of Indian Constitution impose
liability on State that states will secure a social order for the promotion of welfare of the
people but without public health we cannot achieve it. It means without public health welfare
of people is impossible. Article 39(e) related with workers to protect their health. Article 41
imposed duty on State to public assistance basically for those who are sick and disable.
Article 42 makes provision to protect the health of infant and mother by maternity benefit.

In the India the Directive Principle of State Policy under the Article 47 considers it the
primary duty of the state to improve public health, securing of justice, human condition of
works, extension of sickness, old age, disablement and maternity benefits and also
contemplated. Further, State’s duty includes prohibition of consumption of intoxicating
drinking and drugs are injurious to health. Article 48A ensures that State shall Endeavour to
protect and impose the pollution free environment for good health.

Article 47 makes improvement of public health a primary duty of State. Hence, the court
should enforce this duty against a defaulting authority on pain of penalty prescribe by law,
regardless of the financial resources of such authority.26

26
By anonymous available at https://www.nesri.org/programs/what-is-the-human-right-to-health-and-health-care
last visited on 27/04/2018,12:40pm IST

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The Food Corporation of India being an agency of the State must conform to the letter and
spirit of Article 47to improve public health it should not allow sub-standard food grains to
reach the public market. The State under Article 47 has to protect poverty stricken people
who are consumer of sub-standard food from injurious effects.

Fundamental Rights and Health: – The DPSP are only the directives to the State. These are
non-justifiable. No person can claim for non-fulfilling these directives. But the Supreme
Court has brought the right to health under the preview of Article 21. The scope of this
provision is very wide. It prescribes for the right of life and personal liberty. The concept of
personal liberty comprehended many rights, related to indirectly to life or liberty of a person.
And now a person can claim his right of health. Thus, the right to health, along with
numerous other civil, political and economic rights, is afforded protection under the Indian
Constitution. Article 23 is indirectly related to health. Article 23(1) prohibits traffic in human
beings. It is well known that traffic in women leads to prostitution, which in turn is to major
factor in spread of AIDS. Article 24 is relating to child labor it deal with “No child below the
age of 14 years shall be employed to work in any factory or mine or engaged in any other
hazardous employment.” Thus this article is of direct relevance to child health.

In addition to constitutional remedies sensitizing of the relevant ordering law towards later
health for all adds to the content of right to health. Legal prohibition of commercialized
transplantation of human organ and effective application of consumer protection act to deal
with deficient medical services have animated right to health.

Right to Health Care as a Fundamental Right: – The Supreme Court, in Paschim Banga
Khet mazdoor Samity & ors v. State of West Bengal & ors, while widening the scope of art
21 and the government’s responsibility to provide medical aid to every person in the country,
held that in a welfare state, the primary duty of the government is to secure the welfare of the
people. Providing adequate medical facilities for the people is an obligation undertaken by
the government in a welfare state.27

27
By anonymous available at https://www.nesri.org/programs/what-is-the-human-right-to-health-and-health-care

36
The government discharges this obligation by providing medical care to the persons seeking
to avail of those facilities. Article 21 imposes an obligation on the state to safeguard the right
to life of every person.

The State Of Maharashtra vs Shri R.A. Chandawarkar & Other on 18 February, 1998

This was the case under the Prevention of Food Adulteration Act, 1954. In the said Act,
section 17 contemplates that, in case of a Company, every person who was at the time of the
commission of the offence was incharge of and responsible for the conduct of the business of
the Company shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished.28

Municipal Corporation of Delhi Vs. Laxmi Narain Tandon etc. reported in 1975 It was
next contended that samples were not taken in accordance with mandatory Rule 14 of the
Gujarat Prevention of Food Adulteration Rules, 1955 ( for short the Rules ) inasmuch as the
bottle in which the samples were taken was not cleaned in presence of the petitioner but
admittedly it was claimed to have been cleaned at some other place. It was submitted that,
therefore, since mandatory rule was not followed, miscarriage of justice has been caused. In
support of above contention, following decisions were relied upon. It was sought to be
contended by the respondents that mere storage of a food article, if found to be adulterated,
would also constitute an offence under said provision.29

H.L. Nellashekara vs The Food Inspector Primary Health ... on 16 December, 2005
Prevention of Food Adulteration Cases that the evidence on record is not conclusive proof so
as to hold that the nigerseed oil is adulterated with any foreign object. Also submitted that
merely because of the reason that some percentage is less, on chemical test itself is not
sufficient to hold that the nigerseed oil is an adulterated one. Accordingly, prayed to allow
the revision by acquitting the accused and to set aside the conviction and sentence passed.

28
By anonymous available at
https://indiankanoon.org/docfragment/1643078/?formInput=food%20adulteration%20cases
29
By anonymous available at
https://indiankanoon.org/docfragment/117848965/?formInput=food%20adulteration%20cases

37
 5. FOOD ADULTERATION:-A MENACE TO THE SOCIETY
Food plays a pretty vital role in human existence. Food is one such thing which is a basic
necessity as well as a luxury depending upon the circumstances and its availability. Food is
considered to be a source of energy and sustenance and is also looked upon with utmost
respect because of the reasons stated above. Because of the gradual sweep of
commercialization into the world of competition, this particular basic need has also been
converted in to a source of economy. Consequently, food has become an essential source of
income and human beings form a major portion of ‘consumers’ in a society. This has brought
competition to that extent that the originality and the natural value of food have been
diminishing day by day. The primary reason for such diminishing quality is adulteration.
Food adulteration has become a big nuisance for the humankind to a large extent. The year
1785 was the year when the first law was made to protect food quality in Massachusetts.
After that, various other places started enacting food laws.

Even in India, the issue of food adulteration has been an issue of concern for more than a
period of six decades. In the year 1954, the Prevention of Food Adulteration Act was passed
and was brought into force in 1955. The purpose of this Act is to prevent the public from
having harmful and poisonous food where the liability lies with anybody (irrespective of
manufacturer, wholesaler or retailer) from whom the particular good directly came to the
purchaser. Apart from this, there are various other statutes which regulate the quality of food
and take attempts to prevent adulteration. These statutes are as follows:-

The Essential Commodities Act, 1955 which ensures the equitable distribution of essential
commodities among public and ensures that such is done at a fair pricing.

Fruit Products Order, 1955 was promulgated on the basis of Section 3 of the Essential
Commodities Act to ensure the quality of fruit produce30

30
By anonymous available at http://www.livelaw.in/food-adulteration-menace-society/ last visited on
27/04/2018,10:10pm IST

38
and to ensure that such production is done in all possible hygienic conditions.

Consumer Protection Act, 1986 which protects the interests of overall consumers so as to
provide all consumers so as to provide all consumers with products that are not defective or
deficient.

Food Safety and Standards Act, 2006 stood as a giant of food laws and repealed most of the
previous enactments by virtue of its Second Schedule.

The Food Safety Standards Authority of India (FSSAI) has found that contamination is quite
common among all food items across the country apart from just milk. A comparative
analysis of food samples has shown adulteration rates as high as 40% in Chhattisgarh, 34%
in Uttarakhand, 29% in Uttar Pradesh, 23% in Rajasthan and 20% in West Bengal and
Himachal Pradesh. Besides, nearly 17% of the food samples tested in Bihar and Chandigarh,
16% in Nagaland, 15% in Punjab, Madhya Pradesh and Orissa, 14% in Haryana, 12% in
Tamil Nadu and 10% in Maharashtra.

In the case of Dinesh Kumar v. State of Madhya Pradesh, Dinesh Kumar was held liable
for the offence of selling adulterated besan. The Apex Court held as follows:... “Besides,
Section 2(i) (c) of the Act is relevant, Section 2(i) defines “adulterated”. Section 2(i) (c)
deals with substitution of an article by inferior or cheaper substance which affects injuriously
the nature, substance or quality thereof. In the Public Analyst’s report there was no reference
to this aspect. What would happen if the Public Analysts’ report in this regard even if Rule
44-A was not in operation, does not, therefore, fall for consideration in this case. On that
score alone the High Court’s judgment is indefensible and is accordingly set aside.”

In the year 2014, a deputy manager of a dairy major has been awarded six months in jail by
a Delhi court for supplying adulterated low fat cream to a hotel in 2006. The court said that
the offence was “serious in nature” and “adulteration of food is a menace” to public health.31

31
By anonymous available at http://www.livelaw.in/food-adulteration-menace-society/ last visited on
27/04/2018,10:300pm IST

39
“The Prevention of Food Adulteration Act has been enacted with an aim of eradicating that
social evil and for ensuring purity in the article of food.

In the case of Sardarmal Jain v. Nagar Nigam and Another, the accused was given the
benefit of doubt when “Burfi” (a sweet) was found adulterated with Rhodamine- B which is
a material used in printing process. The Court held that there is a possibility that the “Burfi”
was wrapped in a newspaper and the when the newspaper became soggy, the Rhodamine-B
used in printing of that newspaper came in contact with the “Burfi” and got transmitted on it.

However, with time, adulteration of food has caught some serious attention and is being
looked at with a lot of concern. In a recent case of Swami Achyutanand Tirth & Ors. Vs.
Union of India & Ors., the Apex Court held that non- implementation of the provisions of
the Food Safety and Standards Act, 2006 and the Rules framed there under violates the
right to health and safety of the human beings guaranteed under Article 21 of the
Constitution of India.[8] Considering the seriousness of the offence and referring to the
amendment to Section 272[9] Indian Penal Code made by States of Uttar Pradesh, West
Bengal and Odisha, wherein the punishment for adulteration of food and products is
enhanced to imprisonment for life and also fine, by order dated 05.12.2013, this Court
observed that “similar amendments are to be made in other states as well.”[10] Hence, the
situation of precautions for adulteration is improving in India and is at a state where a lot of
improvisation can be made to it.

Adulteration of food or drink intended for sale.—Whoever adulterates any article of food or
drink, so as to make such article noxious as food or drink, intending to sell such article as
food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be
punished with imprisonment of either description for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.32

32
By anonymous available at http://www.livelaw.in/food-adulteration-menace-society/ last visited on
27/04/2018,10:50pm IST

40
According to the Delhi Health department estimates, 100,000 litres of synthetic milk and 30
tonnes of thickened milk (khoya) is being manufactured everyday in the city. The Prevention
of Food Adulteration department of the Delhi government found , in a single day of raids,
that 40 out of 229 samples of milk sold in the city was adulterated by chalk, urea, soap and
other whiteners. The Annual Public Laboratory Testing Report for 2014-15 brought out by
the Food Safety and Standards Authority of India (FSSAI) says that of the 49,290 samples
of food items it tested, 8,469, nearly one-fifth, were found adulterated or misbranded.

However, convictions were secured in only 1,256 cases. Many food adulteration cases never
reached the conviction stage. The report shows that Rs. 6.9 crore in penalties was collected
from errant agencies. Data from only 14 States are available in the report. The case with
most herbs and masalas sold in India, be it red chilli powder or turmeric is adulteration.Milk
and oil are also adulterated in high poisonous amounts. Most of these masalas and herbs are
adulterated and have synthetic colours added to them. We have heard of adulterated oils and
vegetables, but it's news from Kerala that rice made of plastic is being sold in many parts of
the state. Consumers say that these kind of rice is undetectable because its comes mixed with
normal rice packs. Experts of the field are of the opinion that there are no system in place to
check the import of such rice. There were also reports of such rice being sold online from
Singapore and China in 2011.33

Nestle India Ltd. And Anr. vs State Of Gujarat And Ors. on 3 July, 1997 In the case of Ms.
Pesticides India and Ors. v. State of Rajasthan 1996 Cri. LR 254 (Raj.), the complaint filed
after inordinate delay, i.e., after expiry of the shelf life of the sample was held as depriving
the accused of valuable right of reexamination by the Central Food Laboratory.
Consequently, proceedings were quashed under Section 482 of the Code.34

33
By anonymous available at https://www.quora.com/in/What-are-some-of-the-shocking-food-adulteration-cases-
in-India last visited on 27/04/2018,11:10pm IST

34
By anonymous available at
https://indiankanoon.org/docfragment/551593/?formInput=food%20adulteration%20cases last visited on
27/04/2018,11:20pm IST

41
FOOD ADULTERATION CASE

Maharashtra govt mulls life term imprisonment for adulteration

The move is being considered in the wake of rising cases of food adulteration and spurious chemical
products in the past three years.

27 Mar, 2018, 06.40PM IST

Maharashtra government to make adulteration of milk a non-bailable offence

'Companies must offer scientific proof for herbal products'

Milk adulteration more in North India: FSSAI

17 Apr, 2017, 04.40PM IST

To address this issue, the regulator has already developed a testing kit to check the quality of milk and is
looking for investors for its bulk production.

China registers over 5.62 lakh food adulteration cases in 2014

31 Mar, 2015, 04.23PM IST

Most complaints were about online sales of fake products, false advertising, unlicensed production and
adverse reactions.35

35
By anonymous available at https://economictimes.indiatimes.com/topic/food-adulteration-case

42
Mother Dairy’s case- A deputy manager of a dairy major has been awarded six months in
jail by a Delhi court for supplying adulterated low fat cream to a hotel in 2006. sentenced to
undergo simple imprisonment for a period of six months as well as pay fine of Rs 10,000 and
M/s Gujarat Cooperation Milk Marketing Federation Ltd is sentenced to pay fine of Rs 1
lakh for the offence punishable under the Prevention of Food Adulteration Act," the court
said. According to the Department of Prevention of Food Adulteration, Pramanik was also
looking after day-to-day business of Mother Dairy, which had supplied the food item to
Gujarat Cooperation Milk Marketing Federation. The federation had further supplied the
food item to one Anand Enterprises which had sent that product to the hotel, it said.
According to the prosecution, a raid was conducted by the food inspector at the hotel on June
3, 2006 during which it was found that its manager was conducting the business of various
food items including low fat cream.36

The aim of the Act is to protect the citizens from those in the guise of respectable trades
jeopardise the health and the well being of innocent customers. The adulterators are serious
risk to the society," the court said.

For 60-year-old Harnam Kaur, consuming a pack of edible oil she bought from a local shop
cost her her sight. After investigation, the Delhi resident came to know that argemone in the
oil resulted in the loss of her vision permanently. Harnam’s case 2017 is neither first nor
unique in India as everyday thousands of people get affected by one or the other deadly
diseases by consuming adulterated food products. In items such as milk, khoya, paneer, arhar
dal, edible oils, sugar, and chilli and turmeric powder, the quantity of adulteration is high.37

36
By anonymous available at https://www.news18.com/news/india/mother-dairys-deputy-manager-jailed-in-
food-adulteration-case-689174.html last visited on 28/04/2018,10:10pm IST

37
By Kanu Sarda http://www.newindianexpress.com/thesundaystandard/2017/feb/18/the-great-indian-toxic-
food-fraud-1572123.html last visited on 28/04/2018,10:30pm IST

43
 6. CONCLUSION
Food is one such thing which is a basic necessity as well as a luxury depending upon the
circumstances and its availability. Food is considered to be a source of energy and
sustenance and is also looked upon with utmost respect because of the reasons stated above.
Food adulteration is the process in which the quality of food is lowered either by the addition
of inferior quality material or by extraction of valuable ingredient. It not only includes the
intentional addition or substitution of the substances but biological and chemical
contamination during the period of growth, storage, processing, transport and distribution of
the food products, is also responsible for the lowering or degradation of the quality of food
products. Adulterants are those substances which are used for making the food products
unsafe for human consumption.

In the year 1954, the Prevention of Food Adulteration Act was passed and was brought into
force in 1955. The purpose of this Act is to prevent the public from having harmful and
poisonous food where the liability lies with anybody (irrespective of manufacturer,
wholesaler or retailer) from whom the particular good directly came to the purchaser. There
are sufficient laws related to food adulteration and inspection but also there is very little
awareness among the Indian public and laws are also not implemented properly. There is a
need to aware the people so that they can not purchase adulterated food items. And
government should take strict action to implement the laws properly and punished the
accused. Then only the people of our country will be secure and healthy because health is
very important to develop the country.

44
 7. BIBLIOGRAPHY
 Online sources:-

 https://foodsafetyhelpline.com/2014/08/food-adulteration/

 http://earthuntouched.com/food-adulteration-impact/

 http://www.fssai.gov.in/home/fss-legislation/food-safety-and-standards-act.html
 file:///C:/Users/VITS/Downloads/FOOD-ACT.pdf
 http://www.advocatekhoj.com/library/bareacts/preventionoffood/2.php?Title=Prev
ention%20of%20Food%20Adulteration%20Act,%201954&STitle=Definitions
 http://www.advocatekhoj.com/library/bareacts/preventionoffood/4.php?Title=Prev
ention%20of%20Food%20Adulteration%20Act,%201954&STitle=Central%20Fo
od%20Laboratory
 http://www.advocatekhoj.com/library/bareacts/preventionoffood/5.php?Title=Prev
ention%20of%20Food%20Adulteration%20Act,%201954&STitle=Prohibition%2
0of%20import%20of%20certain%20articles%20of%20food
 http://www.advocatekhoj.com/library/bareacts/preventionoffood/7.php?Title=Prev
ention%20of%20Food%20Adulteration%20Act,%201954&STitle=Prohibitions%
20of%20manufacture,%20sale,%20etc.%20of%20certain%20articles%20of%20fo
od
 http://www.advocatekhoj.com/library/bareacts/preventionoffood/9.php?Title=Prev
ention%20of%20Food%20Adulteration%20Act,%201954&STitle=Inspectors
 http://www.advocatekhoj.com/library/bareacts/preventionoffood/10.php?Title=Pre
vention%20of%20Food%20Adulteration%20Act,%201954&STitle=Powers%20of
%20Food%20Inspector
 http://www.advocatekhoj.com/library/bareacts/preventionoffood/15.php?Title=Pre
vention%20of%20Food%20Adulteration%20Act,%201954&STitle=Notification
%20of%20food%20poisoning
 https://www.publichealth.pitt.edu/careers/what-is-public-health
 https://www.legalindia.com/right-to-health/
 http://www.who.int/world-health-day/previous/2005/objectives/en/
 https://www.nesri.org/programs/what-is-the-human-right-to-health-and-health-
care
 https://indiankanoon.org/docfragment/1643078/?formInput=food%20adulteration
%20cases
 https://indiankanoon.org/docfragment/117848965/?formInput=food%20adulteratio
n%20cases

45
 http://www.livelaw.in/food-adulteration-menace-society/
 https://www.quora.com/in/What-are-some-of-the-shocking-food-adulteration-
cases-in-India

 https://indiankanoon.org/docfragment/551593/?formInput=food%20adulteration%
20cases
 https://economictimes.indiatimes.com/topic/food-adulteration-case
 https://www.news18.com/news/india/mother-dairys-deputy-manager-jailed-in-
food-adulteration-case-689174.html
 By Kanu Sarda
http://www.newindianexpress.com/thesundaystandard/2017/feb/18/the-great-
indian-toxic-food-fraud-1572123.html

46