RESEARCH PAPER – I

PROHIBITION AND REGULATION OF SALES UNDER

FOOD ADULTERATION ACT

ABSRACT

Food is essential for human development and survival. However, the food that is consumed
nowadays has been tampered. Food adulteration is the deliberate degrading of the quality of
food that is offered for sale, either by the addition or substitution of subpar ingredients or the
removal of valuable ones. Food adulteration increased in 2020 as a result of consumer panic
buying. As a lockdown was implemented, people began purchasing food in huge quantities,
which led to food being contaminated. Food adulteration causes a variety of health issues
because it is so poisonous to the body. Food adulteration causes a number of illnesses,
including cancer, food poisoning, diarrhoea, and liver disorders. As a result of the food being
mixed with other things, such as water being added to milk, artificial colour, and sugar being
added to fruits, there is also a lack of nutrition. Even new-borns’ food is getting
contaminated, which may have an effect on their growth and development. As food impurities
have proliferated, they have also harmed human growth and caused a variety of ailments.
Despite the passing of numerous laws, food adulteration is still a major problem in India. It
not only has a negative impact on the economy but also millions of people's health.

I. INTRODUCTION

Food standards are legislative instruments, also known as "food laws," that are enacted to
protect consumers from unsafe products, adulteration, and fraud, as well as to ensure quality
compliance and to protect honest food producers, processors, distributors, and traders. They
also make it easier for goods to move within and between countries by providing a common
lexicon for food quality and safety. Standards serve a variety of functions. The primary
concern is quality and safety, but no standard or regulation can be set to the highest level of
quality; thus, above-average quality is generally taken into account in enforcement on a larger
scale. Quality and safety are prioritised when developing laws or standards to ensure the
availability of nutritious food and fair-trade practises across countries. Governmental
agencies play an important role in the standardisation process, outlining in detail what is
required to meet a specific standard. Standards, grades, and their definitions and

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specifications serve as reference points in quality matters, protecting the interests of farmers,
processors, distributors, traders, and, ultimately, consumers. Standards help to ensure that
food is wholesome and contains what the label claims, and they reduce the possibility of
deception in terms of quality, economic value, and associated risk. Permissible limits are
frequently defined in the majority of food standards to identify maximum or minimum levels
acceptable and thus provide an aid in avoiding foods that pose a risk or a health hazard.

II. FEATURES OF THE PREVENTION OF FOOD ADULTERATION

ACT, 1954

The Prevention of Food Adulteration Act, 1954, was passed by Parliament in 1954 to address
the prevention of food adulteration. This Act addresses food standards, general sampling and
analysis procedures, the powers of authorised officers, the nature of penalties, and other food-
related parameters.

This Act also addresses food additives, colouring, matters, preservatives, prohibitions and
regulations on sales, packaging, and labelling, among other things. The provisions of the PFA
Act and rules are carried out by the State Government and local governments in accordance
with the rules.The Prevention of Food Adulteration Act, 1954, is applicable throughout India
and went into effect on June 15, 1955. The act defines or considers an item to be adulterated
when -

 If the item sold by the vendor does not meet the customer's or the article's purported
standards.
 If the item contains any element that degrades the article's quality.
 If the item was manufactured or stored in unsanitary conditions.
 If the item contains any unfit for human consumption elements, such as putrid,
decomposed, or rotten plant or animal substances.
 If the article contains an element derived from a sick animal.
 If the item contains any poisonous or harmful substances.
 If the article's container is made of a harmful substance.
 If any colouring agent other than those specified is used in the article.
 If the article contains any prohibited preservative or a quantity of preservative that
exceeds the prescribed limit.

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 If the quality and purity of the article do not meet the committee's standards, whether it is
harmful or non-harmful to health.

Aside from that, provisions dealing with food adulteration are provided under Chapter XIV of
the Indian Penal Code, which lays down provisions dealing with "offences affecting public
health, safety, convenience, decency, and morals." Sections 2721and 2732 of the code deal
with food or drink adulteration or sale, which is an offence punishable by imprisonment for
up to six months, a fine, or both. However, some states, such as West Bengal and Uttar
Pradesh, considered it insufficient punishment and amended the penal provisions in the year
1970. The state amendment made the offence punishable by life imprisonment as well as
fines.

III. CENTRAL GOVERNMENT RESPONSIBILITIES 3

Except for water and drugs, the Prevention of Food Adulteration Act seeks to prevent the
adulteration of food and beverage items fit for human consumption. This act delegated to the
central government a number of responsibilities, which are listed below:

 To establish a Central Committee for Food Standards and central food laboratories to
analyse and test various articles.
 To go over the PFA act sections with the central committee for food standards.
 Putting together training programmes for various sections of the act.
 The state PFA rules are being approved.
 To monitor the implementation of rules in states and union territories through the
collection of frequent reports and visits.
 Exams are being held in order to appoint officials as analysts under the act.
 To give approval to the infant food labels.
 To inspect the quality of food imported into India.
 Increasing consumer understanding.

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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.
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Sale of noxious food or drink. —Whoever sells, or offers or exposes for sale, as food or drink, any article which
has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to
believe that the same is noxious 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.
3
https://byjus.com/neet/the-prevention-of-food-adulteration-act-1954/

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 To monitor the number and quality of food laboratories.

IV. RESTRICTIONS UNDER FOOD SAFETY AND STANDARDS

(PROHIBITION AND RESTRICTIONS ON SALES)
REGULATIONS, 2011

1. No one shall sell, either directly or through any servant or agent, milk that contains any
added water or ghee that contains any added matter that is not exclusively derived from
milk fat, skimmed milk (fat abstracted) as milk; a mixture of two or more edible oils as an
edible oil; (vanaspati to which ghee or any other substance has been added; turmeric
containing any foreign substance; mixture of coffee and any other substance except
chicory; Dahi or curd not prepared from boiled, pasteurised, or sterilised milk; milk or a
milk product specified in Food Safety and Standards Regulations, 2011 containing a
substance not found in milk; Any Mustard Oil-containing multi-source edible vegetable
oil manufactured on or after June 8th, 2021.
2. No person in any State shall, with effect from the date specified in the official gazette by
the state government concerned, sell, offer or expose for sale, or have in his possession
for the purpose of sale, under any description or for use as an ingredient in the preparation
of any article of food intended for sale:
(a) Kesari gramme (Lathyrus sativus) and its derivatives
(b) Kesari dal and its derivatives (Lathyrus sativus).
(c) Kesari dal flour and its derivatives (Lathyrus sativus).
(d) A combination of Kesari gramme (Lathyrus sativus) and Bengal gramme (Cicer
arietinum) or another gramme.
(e) Kesari dal (Lathyrus sativus) and Bengal-gram dal (Cicer arietinum) or any other dal
mixture.
(f) A flour mixture of Kesari dal (Lathyrus sativus) and Bengal-gram (Cicer arietinum) or
any other flour.

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 V. PROHIBITION AND RESTRICTION ON SALE OF CERTAIN
PRODUCTS
Prohibition on the sale of food articles coated with mineral oil: No person shall sell, offer for
sale, expose for sale, or have in his premises for the purpose of sale food articles coated with
mineral oil, unless the addition of mineral oil is permitted in accordance with the standards
set out in these Regulations and the Food Safety and Standards (Food Products Standards and
Food Additives) Regulations, 2011.
 Limitations on the sale of Carbia Callosa and Honey dew: Only sealed containers with the
Agmark seal are permitted for the sale of Carbia Callosa and Honey dew.
 Food that resembles honey but is not pure honey may not be advertised as honey. It is
forbidden to use the word "honey" or any other word, mark, illustration, or device that
suggests honey on the label, package, or advertisement of such food.
 No substance that could be harmful to health shall be present in the product: No food
products may contain tobacco or nicotine as an ingredient.
 Fruits that have been artificially ripened by the use of acetylene gas, also known as
carbide gas, are prohibited from being sold, offered for sale, exposed for sale, or having
them in one's possession for the purpose of sale.
 Fresh fruit and vegetable sales: The produce must be free of rotting and any wax, mineral
oil, or colouring coatings.
 Given that the application of bees wax (white and yellow), shellac wax, or carnauba wax
to fresh fruits must comply with Good Manufacturing Practices and be properly declared
on the label.
 Ghee or butter admixtures may not be sold or used as ingredients in the preparation of
food items for sale. No one may possess a mixture of ghee or butter and any other
substance for the purpose of selling or using it as an ingredient in the preparation of food
items for sale.
(1) made to resemble or serve as a replacement for ghee or butter, or
(2) being made up of or containing any oil or fat that does not meet the criteria for ghee;
With the caveat that any mixture used to prepare a food item that is prohibited by this
regulation must be prepared only at the time the food item is being prepared.

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 Restriction on the sale of ghee with a Reichert value that is lower than what is required in
the region where the ghee is sold.
(1) The ghee may not be sold or stored in the area in which it is imported for sale or
storage if it has a lower Reichert value and a different standard for Butyro-refractometer
reading at 400 C than that specified for that area:
With the caveat that this ghee may only be I sold loose after being opened in quantities no
greater than two kilogrammes at a time, and (ii) used to make confections (including
sweetmeats).
(2) A vendor offering:
(i) ghee prepared in accordance with Regulation 2.3.8 (1), and
(ii) Confectionery (including sweetmeats) in which such ghee is used shall provide a
declaration, in Form A, to the Food Safety Officer when a sample is taken for analysis
under Section 47 of the Act, as well as to a purchaser desiring to have the sample
analysed under Section 40 of the Act.
(iii) If, upon analysis, such sample is found to conform to the quality standards prescribed
for the area where it is alleged to have been produced, the ghee shall not be deemed
adulterated solely because it does not conform to the quality standards prescribed for the
area where it is sold.
 Sales of till oil produced in Tripura, Assam, and West Bengal are restricted.
Til Oil (Sesame Oil) derived from white sesame seeds grown in Tripura, Assam, and
West Bengal to standards other than those specified for til oil shall be sold in sealed
containers bearing the Agmark label. When this til oil is sold or offered for sale without
an Agmark label, the standard for til oil applies.
 Kangra tea sales are restricted.
Kangra tea may only be sold or offered for sale after it has been graded and marked in
accordance with the provisions of the Agricultural Produce (Grading and Marking) Act,
1937 (1 of 1937) and the regulations promulgated thereunder.
 Flavoured tea may only be sold or offered for sale by manufacturers who are registered
with the Tea Board. The registration number must be printed on the label. It may only be
sold in packed form with a label declaration
 Restriction on the sale of common salt - No one shall sell, offer for sale, expose for sale,
or have in his premises for the purpose of sale common salt for direct human
consumption unless it is iodized:

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 Under proper label declarations, common salt may be sold, exposed for sale, or stored for
sale for iodization, iron fortification, animal use, preservation, manufacturing medicines,
and industrial use, as specified in Regulation 2.4.5 (21 & 42) of the Food Safety and
Standards (Packaging and Labelling) regulations, 2011.
 It is forbidden to consume the flesh of naturally deceased animals or fowls.
 No one shall sell or use the flesh of any animal or fowl that has died naturally as an
ingredient in the preparation of any article of food intended for sale.
 Special rules apply to the sale of vegetable oil and fat.
(1) No one shall sell or expose for sale, distribute, or offer for sale, dispatch, or deliver
edible oil to any person for the purpose of sale -
(a) Does not meet the quality standards set forth in the Food Safety and Standards Act of
2006 (34 of 2006) and the rules/regulations promulgated thereunder; and
(b) Which is not packed in a container, marked and labelled in accordance with FSSAI
regulations.
(2) No vegetable oil shall contain any harmful colouring, flavouring, or other noxious
substance.
(3) No vegetable oil other than those listed below, or oil or fat of animal or mineral
origin, shall be used in the manufacture of the products or otherwise be present in them;
(4) No colour shall be added to hydrogenated vegetable oil unless authorised by the Food
Authority, but no colour resembling the colour of ghee shall be added. If any flavour is
used, it must be distinct from that of ghee and must be in accordance with a list of
permissible flavours and the amounts prescribed by the Food Authority.
(5) No anti-oxidant, synergist, emulsifier, or other such substance other than those
permitted by these regulations may be added to any vegetable oil without the Food
Authority's prior approval.
(6) Solvent usage restrictions.
In the extraction of cocoa butter, oils and fats, and edible soya flour, no solvent other than
n-Hexane (Food Grade) shall be used.
According to Food Safety and Standards (Prohibition and Restrictions on Sales) Third
Amendment Regulations, 2021.4The Multi Source Edible Vegetable Oil is not to be sold

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FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA NOTIFICATIONNew Delhi, the
8th March, 2021,
https://www.fssai.gov.in/upload/notifications/2021/03/60476132b9ebeGazette_Notification_Import_
Mustard_09_03_2021.pdf

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 loose. It must be sold in a sealed package weighing no more than 15 kg. The Multi Source
Edible Vegetable Oil container must be tamper proof. It must also not be marketed under
the common or generic name of the oil used in the blend, but rather as - Multi Source
Edible Vegetable Oil. The sealed package may only be sold or offered for sale with the
AGMARK certification mark bearing the label declarations specified in the Regulations,
in addition to other labelling requirements specified in the Regulation."

VI. RESTRICTIONS PERTAINING TO SALE CONDITIONS

1. No one shall store, expose for sale, or allow the sale of any insecticide in the same
premises where food is stored, made or displayed for sale:
Except as otherwise provided in this regulation, nothing in this regulation shall apply
to approved household insecticides that have been registered as such under the
Insecticides Act 1968. (46 of 1968).
2. No one shall sell or serve food in any "commercial establishment" in plastic catering
and cutlery articles unless the plastic material used in catering and cutlery articles
conforms to the food grade plastic specified in these regulations.
3. Iron fortified common salt shall be sold only in a high density polyethylene bag
(HDPE) 14 mesh, density 100 kg/m3, unlaminated package bearing the label specified
in Regulation 2.4.5 (21 & 42) of the Food Safety and Standards (Packaging and
Labelling) regulations, 2011.
4. Except with the Bureau of Indian Standards Certification Mark, no one shall
manufacture, sell, store, or exhibit for sale an infant milk food, infant formula and
milk cereal based weaning food, processed cereal based weaning food, or follow up
formula.
5. Milk powder, skimmed milk powder, partly skimmed milk powder, and partly
skimmed sweetened condensed milk shall not be sold unless they bear the Indian
Standards Institution Certification Mark.
6. Every package of hard cheese with a Natamycin-treated surface must bear the label
specified in Regulation 2.4.5 (33) of the Food Safety and Standards (Packaging and
Labelling) Regulations, 2011.

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7. No one shall sell protein-rich atta or protein-rich Maida unless it is packed and
labelled with the names of the ingredients.
8. No one shall sell sal-seed fat for any purpose other than bakery and confectionery; it
shall be refined and bear the label declaration specified in Regulation 2.4.5 (19) of the
Food Safety and Standards (Packaging and Labelling) Regulations, 2011.
9. No one shall sell confectionery weighing more than 500 gms unless it is packed, and
confectionery sold in pieces shall be stored in glass or other suitable containers.
10. Except for coconut oil and olive oil, all edible oils imported in crude, raw, or
unrefined form must be refined before being sold for human consumption.
11. The Blended Edible Vegetable Oils are not to be sold loose. It must be sold in a sealed
package of no more than 15 litres. The container containing the blended edible
vegetable oil must be tamper-proof. It must also be labelled as "Blended Edible
Vegetable Oil" rather than the common or generic name of the oil used in the blend.
In addition to other labelling requirements under Regulation 2.4.2 of the Food Safety
and Standards (Packaging and Labelling) Regulations, 2011, the sealed package shall
be sold or offered for sale only under the AGMARK certification mark bearing the
label declarations as provided in the Regulations.
12. Coloured and flavoured table margarine must be sold in a sealed package weighing no
more than 500 gms, with a label indicating the addition of colour and flavour as
required by these regulations.
13. The fat spread must not be sold loose. It must be sold in sealed packages of no more
than 500 gms. When labelling the product, the word "butter" shall not be used. Along
with other labelling requirements under these regulations, the sealed package shall be
sold or offered for sale only under the AGMARK Certification mark bearing the label
declaration as provided in Regulation 2.4.2 of Food Safety and Standards (Packaging
and Labelling) regulations, 2011.

14. No one shall sell compounded asafoetida in excess of one kilogramme in a sealed
container with a label.
15. No one shall sell powdered spices and condiments unless they are sold "under packed
conditions."
16. The katha prepared using the Bhatti method must be clearly labelled "Bhatti Katha."

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 17. No one shall manufacture, sell, or exhibit packaged drinking water for sale unless it
bears the Bureau of Indian Standards Certification Mark.
18. No one shall manufacture, sell, or exhibit for sale mineral water unless it bears the
Bureau of Indian Standards Certification Mark"; no one shall sell any food product
containing artificial sweetener permitted under these regulations unless it is packed
and labelled as required.
19. No one shall sell any food product in which artificial sweetener is permitted under
these regulations, except in packed condition and in accordance with the labelling
requirements prescribed in Regulation 2.4.5 (24, 25, 26, 28, and 29) of the Food
Safety and Standards (Packaging and Labelling) Regulations, 2011.
20. Irradiated food sales conditions. - All irradiated food must be sold in pre-packaged
form. The type of packaging material used for irradiated food for sale, stock for sale,
exhibition for sale, or storage for sale must meet the packaging and labelling
requirements specified in Food Safety and Standards (Packaging and Labeling)
Regulations, 2011.

VII. OFFENCES AND PENALTIES

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Section 485 specifies the types of offences. It specifies the circumstances under which a
person is liable for making any food item injurious by various means such as adding an
article or substance to it or removing certain elements from the food, resulting in
deterioration of its quality. The FSSA includes penalties and punishments for violating the
Act's provisions.
The Act contains a comprehensive list of offences for which penalties are imposed.
 The Act includes a detailed list of offences with associated punishments.
 A fine if food is sold that does not adhere to the requirements outlined in the Act's
rules. The fine in this instance cannot be more than five lakh rupees.
 A fine of up to three lakh rupees for producing, storing, selling, distributing, or
importing subpar food;
 A fine of up to five lakh rupees for producing, storing, selling, distributing, or
importing subpar food.
 The Act forbids false or misleading advertising and carries a fine of up to ten lakh
rupees.
 Importing, manufacturing, storing, selling, or distributing food products that include
foreign matter carries a fine of up to one lakh rupees.
 The Act imposes a penalty of up to two lakh rupees on any food business operator or
importer who fails to comply with the Act's provisions.
 A fine of up to one lakh rupees may be imposed for producing or processing food in
unhygienic or harmful conditions.
 Additionally, possession of adulterants is prohibited by the Act.
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General provisions relating to offences. (1) A person may render any article of food injurious to health by
means of one or more of the following operations, namely:-
(a) adding any article or substance to the food;
(b) using any article or substance as an ingredient in the preparation of the food;
(c) abstracting any constituents from the food; or
(d) subjecting the food to any other process or treatment, with the knowledge that it may be sold or offered for
sale or distributed for human consumption.
(2) In determining whether any food is unsafe or injurious to health, regard shall be had to –
(a) (i) the normal conditions of use of the food by the consumer and its handling at each stage of production,
processing and distribution; (ii) the information provided to the consumer, including information on the label, or
other information generally available to the consumer concerning the avoidance of specific adverse health
effects from a particular food or category of foods not only to the probable, immediate or short-term or long-
term effects of that food on the health of a person consuming it, but also on subsequent generations; (iii) to the
probable cumulative toxic effects; (iv) to the particular health sensitivities of a specific category of consumers
where the food is intended for that category of consumers; and 44 (v) also to the probable cumulative effect of
food of substantially the same composition on the health of a person consuming it in ordinary quantities;
(b) the fact where the quality or purity of the article, being primary food, has fallen below the specified standard
or its constituents are present in quantities not within the specified 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 unsafe or
sub-standard or food containing extraneous matter.

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  Additionally, the Act stipulates that if no specific punishment is specified and a
breach of the Act's rules or provisions occurs, a fine of up to two lakh rupees may be
levied.
VIII. PUNISHMENTS
 The Act makes it a crime to manufacture for sale, store for sale, sell, distribute, or
import unsafe food.
 The Food Safety Officer has the authority to seize food products, and anyone who
tampers with such seized items faces criminal charges.
 False or misleading information is punishable by law.
 It's illegal to obstruct or impersonate a food safety officer.
 With a few exceptions, the Act mandates the acquisition of a licence, and violations
are sanctioned by the law.
 The Act contains a provision for penalties for repeat offences.
IX. CONCLUSION

Laws against food adulteration have changed as a result of societal demands and a changing
world. After the Prevention of Food Adulteration Act was passed in 1954, eight different
food-related acts were repealed. The Food Safety and Standards Act of 2006 was passed to
replace the Prevention of Food Adulteration Act of 1954, which was repealed due to its
ineffectiveness. It also created the Food Safety and Standards Authority of India, whose
mission is to set science-based standards for food products, control their production, storage,
distribution, sale, and import, and ensure that there is a supply of wholesome, safe food for
human consumption. The promotion of public health and food safety control made this law
effective.
The growth of the human body is a result of the basic human demand for food. Food
adulteration has increased throughout the years, and despite the passage of The Food Safety
Standards Act, 2006, adulteration has not decreased and little has changed. Laws against food
adulteration have changed over time to accommodate such demands. The Prevention of Food
Adulteration Act of 1954 removed and consolidated the previous laws, which were divided
into different statutes for each province. Even this Act, though, was unable to stand the test of
time due to a number of problems and had to be repealed. The issue is fully covered by the
Food Safety and Standards Act of 2006 and the regulations made in accordance with the Act.

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However, in order to produce meaningful outcomes, it is imperative for the Act's authorities
to exercise caution.

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