PRINCIPLES OF

MARKETING
PREVENTION OF FOOD AND ADULTERATION

What is Food Adulteration?

Food adulteration is the addition of contaminants into food items or
beverages to increase the quantity and decrease the price of the commodity.
It is a major issue in India which lowers the quality of food and leads to
serious illnesses in both humans and animals.

To curb these problems, it was necessary to form laws that could prevent
such contamination. In India, since 1899, the food adulteration laws have
been in legislation. Since it was the pre-independence era, states and
provinces had their own rules and regulations for the prevention of food
adulteration. Some of those acts are –

The Calcutta Municipal Act, 1923

The UP Pure Food Act, 1950
The Punjab Pure Food Act, 1929
The Bihar Prevention of Food Adulteration Act, 1948
These state or province-specific acts had different laws and regulations that
did not have any uniformity. This created a barrier for interstate food
promotion and transportation. There was a difference between the methods
of analysis, punishment, implementation and standards. This made way for
a more centrally organised law for the prevention of food adulteration.

Eventually, the Government of India approved the Food Adulteration

Committee in 1943. The committee studied and reviewed the subject of
Food Adulteration and hence advised for a central legislation. Thus, the
Prevention of Food Adulteration Act (PFA) finally came into force in 1954.

The Act: Features

The Prevention of Food Adulteration Act, 1954 extends to the entire
country of India and it came into effect on June 15th, 1955. The act defines
adulteration or deems an item to be adulterated when –

If the item sold by the vendor does not meet the standards of the customer
or the standards the article purports to be.
If the item contains any element that lowers the quality of the article.
If the article has been manufactured or stored in unhygienic conditions.
If the item contains any element that is unfit for human consumption such
as putrid, decomposed or rotten plant or animal substances.
If the article contains an element taken from a diseased animal.
If the article contains any poisonous or injurious substances.
If the container of the article is made up from any injurious substance.
If any colouring agent other than the prescribed ones are added in the
article.
If the article consists of any prohibited preservative or preservative
quantity above the prescribed limit.
If the quality and purity of the article does not meet the standards set by
the committee whether it is injurious or non-injurious to health.

Responsibilities of Central Government

The prevention of food adulteration act looks to prevent the adulteration of
the food and beverage items to be fit for human consumption, except water
and drugs. This act gives the central government a variety of
responsibilities which are stated below.
To set up a Central Committee for Food Standards and central food
laboratories for analysing and testing all kinds of articles.
Organising training programmes for different sections of the act.
Approving the state PFA rules.
To check on the implementation of rules in states and union territories by
collecting frequent reports and visitation.
Conducting exams for appointing officials as analysts under the act.
To approve the infant food labels.
To check the quality of food being imported to India.
Creating awareness among the consumers.
To keep a check on the quantity and quality of food laboratories.

HOW DOES THIS AFFECT MARKETING ENVIRONMENT

The food adulteration includes a better appearance in the food and may
increase the selling price, but these advantages only affect the producer of
the product.
Education and regulation go hand in hand.
Prevention of food adulteration in turn prevents food wastage.
Digitalization and improved technology can revolutionize the present
scenario of food safety
 DRUGS CONTROL ACT - 1954

The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

is an Act of the Parliament of India which controls advertising of drugs in
India. It prohibits advertisements of drugs and remedies that claim to have
magical properties, and makes doing so a cognizable offence.
Advertisement and media are playing a significant role in our daily lives.
The drug industries to promote the growth in their industries are often
prone to promoting misleading advertisements of drugs, which is not only
legal to do but also costs the life of the human being who buys and
consumes the drugs. To avoid such misfortunes the Central Government
has brought forward an enactment in the year 1954 called Drugs and
Magic Remedies (Objectionable Advertisement) Act, 1954 and Drugs and
Magic Remedies (Objectionable Advertisement) Rules, 1955.
The law is rarely enforced and several such products are freely available to
the public.[3] The law is considered severely outdated as 14 of the diseases
in the list are now curable, and newer diseases like AIDS are not on the list.
[4] Some advertisements of these categories are also known to appear on
cable television channels without much repercussions.[5] Proposed
amendments to this law has also raised questions regarding the status of
traditional medicine systems like Yoga and Ayurveda with respect to
modern medicine.[6]
HOW DOES DRUGS CONTROL
AFFECT MARKETING ENVIRONMENT
The Federal Government and business community are increasingly
recognizing the negative consequences of substance abuse on the U.S.
economy and the Nation’s workforce. Abuse of drugs and alcohol is costly
for our society and, left untreated, places a burden on our workplace, our
healthcare system, and our communities. A number of reports and surveys
highlight the detrimental effects substance abuse has on business
productivity and competitiveness as it also increases workplace injuries
and absenteeism.

The economic cost of drug abuse in the United States was estimated at $193
billion in 2007,1 the last available estimate. This value includes:

● $120 billion in lost productivity, mainly due to labor participation

costs, participation in drugabuse treatment, incarceration, and
premature death;
● $11 billion in healthcare costs – for drug treatment and drug‐related
medical consequences; and
● $61 billion in criminal justice costs, primarily due to criminal
investigation, prosecution and incarceration, and victim costs.
 COMPANY ACT 1956

Companies play very vital role in any economy. In our country, the
Companies Act, 1956 primarily regulates the formation, financing,
functioning and winding up of companies. The Act prescribes regulatory
mechanism regarding all relevant aspects including organisational,
financial and managerial aspects of companies. The winding up matters,
presently are largely within the domain of the jurisdiction of High Courts.
Regulation of the financial and management aspects constitutes the main
focus of the Act. In the functioning of the corporate sector, although
freedom of companies is important, protection of the investors and
shareholders, on whose funds they flourish, is equally important. The
Companies Act plays the balancing role between these two competing
factors, namely, management autonomy and investor protection. The main
objects of the Act are as under.
(a) To protect the interests of large number of shareholders, as there exists
separation of ownership from management in a company
(b) To safeguard the interests of creditors
(c) To help the development of companies in India on healthy lines, because
corporate sector constitutes a very important segment of the economy;
(d) To help the attainment of the ultimate ends of the social and economic
policy of the Government
STANDARD WEIGHTS AND MEASUREMENT ACT 1956
An Act to establish standards
of weights and measures, to regulate trade or commerce in weights,
measures and other goods which are sold or distributed by weight, measure
or number, to provide for matters connected therewith or incidental the
reto.
1. (1) This Act may be called the Standards of Weights and Measures and
Enforcement Act, 19
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may,
by notification, appoint, and different dates may be appointed for different
--
(a) provisions of this Act;
(b) areas,
(c) classes of undertakings,
(d) classes of goods,
(e) classes of weights and measures, or
(f) classes of users of weights and measures,
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
in such areas, or in respect of such classes of undertakings, goods, weights
and measures or users of weights and measures in relation to which this
Act has been brought into force.

Provided that the provisions of this Act (including the standards

established by or under this Act) shall come into force in the State of Skkim
on such date, not being later than five years from the passing of this Act, as
the Central Government may, by notification, appoint, and different dates
may be appointed for different provisions of this Act or for different areas
or for different classes of undertaking or for different classes of goods, or
for different classes of weights and measures or fordifferent classes of users
of weights and measures.

2. In this Act, unless the context otherwise requires,

(a) 'calibration' means all the operations which are necessary for the
purpose of determining the values of the errors of a weight or measure and,
if necessary, to determine the other metrological properties of such weight
or measure, and includes the actual fixing of the positions of the gauge
marks or scale marks of a weight or measure, or in some cases, of certain
principal marks only, in relation to the corresponding values of the
quantity to be measured.

Explanation--Calibration may also be carried out with a view to permitting

the use of a weight or measure.
(b) 'commodity in packaged form' means commodity packaged whether in
any bottle, tin, wrapper or otherwise, in units suitable for sale, whether
wholesale or retail;
(c) 'dealer', in relation to any weight or measure, means a persons who, or
a firm or a Hindu unpided family which, carried on, directly or otherwise,
the business of buying, selling, supplying or distributing any such weight or
measure, whether for cash or for deferred payment or for commission,
remuneration or other valuable consideration, and includes--
(i) a commission agent who carries on such business on behalf of any
principal,
(ii) an importer who sells, supplies, distributes or otherwise delivers any
weight or measure to any user, manufacturer, repairer, consumer or any
other person, but does not include a manufacturer who sells, supplies,
distributes or otherwise delivers any weight or measure to any person or
category of persons referred to in this clause.
Explanation--For the removal of doubts, it is hereby declared that a
manufacturer, who sells, supplies, distributes or otherwise delivers any
weight or measure to any person other than a
dealer, shall be deemed to be a dealer:
(d) 'Director' means the Director of Legal Metrology appointed under
section ......;
(e) 'export' with its grammatical variations and cognate expressions, means
taking out of India to a place outside India;
(f) 'false package' means any package which does not conform to the
provisions of this Act or any rule or order made there under in relation to
such package;
(g)'false weight or measure' means any weight or measure which does not
conform to the standards established by or under this Act in relation to
that weight or measure;
(h) 'General Conference on Weights and Measures' means the Conference
General des Poids et Measures established under the Convention du Metre;
(i) 'Import' with its grammatical variations and cognate expressions, means
bringing into India from a place outside India;
(j) 'International Bureau of Weights and Measures' means the Bureau
International des Poids et Measures, established under the Convention du
Metre, at Sevres in France.
MONOPOLY AND RESTRICTIVE TRADE
PRACTICES 1969

The MRTP Act, 1969 has its genesis in the Directive Principles of State
Policy embodied in the Constitution of India. Clauses (b) and (c) of Article
39 of the Constitution lay down that the State shall
direct its policy towards ensuring:
(i) that the ownership and control of material
resources of the community are so
distributed as to best serve the common
good; and
(ii) that the operation of the economic system
does not result in the concentration of wealth
and means of production to the common
detriment.
Section 10 of the MRTP Act, 1969 empowers the MRTP Commission to
enquire into monopolistic or restrictive trade practices upon areference
from the Central Government or upon its own knowledge or on
information. The MRTP Act,
1969 also provides for appointment of a Director General of Investigation
and Registration for making investigations for the purpose of enquiries by
the MRTP Commission and for maintenance of register of agreements
relating to restrictive trade practices.
The MRTP Commission receives complaints both from registered
consumer and trade associations and also from individuals either directly
or through various Government Departments. Complaints regarding
Restrictive Trade Practices or Unfair Trade Practices from an association
are required to be referred to the Director General of Investigation and
Registration for conducting preliminary investigation in terms of Sections
11 and 36C of the MRTP Act, 1969 and Regulation 119 of the MRTP
Commission Regulations, 1974. The Commission can also order a
preliminary
investigation by the Director General of Investigation and Registration
when a reference on a restrictive trade practice is received from the
Central/ State Government, or when CommissionŐs own knowledge
warrants a preliminary investigation. Enquiries are instituted by the
Commission under relevant Sections of the MRTP Act, 1969 after the
Director General of Investigation and Registration has completed the
preliminary investigation and as a result of the findings, submits an
application to the Commission for an enquiry.
 INDIAN PATENTS ACT -1970

Indian Patent Law is defined by various provisions of the Patents Act,

1970. Under this law, patent rights are granted for inventions covering a
new and inventive process, product or an article of manufacture that are
able to satisfy the patent eligibility requirements of having novelty,
inventive steps, and are capable of industrial application.
What is a patent?
A patent is an exclusive right granted for an invention, which is a product
or a process that provides, in general, a new way of doing something, or
offers a new technical solution to a problem. To get a patent, technical
information about the invention must be disclosed to the public in a patent
application.

The history of Patent law in India starts from 1911 when the Indian
Patents and Designs Act, 1911 was enacted.
The Patents Act, 1970 is the legislation that till date governs patents in
India. It first came into force in 1972.
The Office of the Controller General of Patents, Designs and Trade Marks
or CGPDTM is the body responsible for the Indian Patent Act.
The Patent Office has its headquarters in Calcutta and has branches in
New Delhi, Chennai and Mumbai. The office of the CGPDTM is based in
Mumbai. Nagpur hosts the office of the Patent Information System and
also the National Institute for Intellectual Property Management.
The Controller General supervises the Act’s administration and also offers
advice to the government on related matters.
The Patents Act has been repeatedly amended in 1999, 2002, 2005, 2006
respectively. These amendments were required to make the Patents Act
TRIPS compliant. TRIPS stands for Trade-Related Aspects of Intellectual
Property Rights.
The major amendment in the Patent Act was in 2005, when product
patents were extended to all fields of technology like food, drugs, chemicals
and microorganisms. The Rules under Patent Act were also amended in
2012, 2013, 2014.

HOW DOES INDIAN PATENT ACT

EFFECT MARKETING
ENVIRONMENT
Due to the new patent regime, increased prices of products was considered
to be a major hindrance during the time. However, the government has
taken proactive measures to ensure low prices for essential drugs, and has
used compulsory licensing as a tool to keep exorbitant prices under check.
The amendment intended to make Indian drug and pharmaceutical
industries competitive at par with multinational companies.
Despite initial reservations, Indian pharmaceutical companies
manufacturing generic drugs have flourished in the last decade.
Also, MNCs have opened Research and Development Centres in India.
 ENVIRONMENT ACT – 1986

The
Environment (Protection) Act was enacted in the year 1986. It was enacted
with the main objective to provide the protection and improvement of the
environment and for matters connected therewith.

Aims and Objectives of the EPA

The chief aims and objectives of the Environment Protection Act, 1986 are
listed below.
Implementing the decisions made at the United Nations Conference on
Human Environment held in Stockholm.
Creation of a government authority to regulate industry that can issue
direct orders including closure orders.
Coordinating activities of different agencies that are operating under the
existing laws.
Enacting regular laws for the protection of the environment.
Imposing punishments and penalties on those who endanger the
environment, safety and health. For each failure or contravention, the
punishment includes a prison term of up to five years or a fine of up to Rs.
1 lakh, or both. This can also be extended for up to seven years in cases.
Engaging in the sustainable development of the environment.
Attaining protection of the right to life under Article 21 of the Constitution.
 CONSUMER
PROTECTION ACT

What is the Consumer Protection Act?

The Consumer Protection Act,
implemented in 1986, gives easy and fast
compensation to consumer grievances. It
safeguards and encourages consumers to
speak against insufficiency and flaws in
goods and services. If traders and
manufacturers practice any illegal trade,
this act protects their rights as a
consumer. The primary motivation of this
forum is to bestow aid to both the parties
and eliminate lengthy lawsuits.
This Protection Act covers all goods and services of all public, private, or
cooperative sectors, except those exempted by the central government. The
act provides a platform for a consumer where they can file their complaint,
and the forum takes action against the concerned supplier and
compensation is granted to the consumer for the hassle he/she has
encountered.
Consumer Rights and Responsibilities:
The Rights of the Consumer
Right to Safety- Before buying, a consumer can insist on the quality and
guarantee of the goods. They should ideally purchase a certified product
like ISI or AGMARK.
Right to Choose- Consumer should have the right to choose from a variety
of goods and in a competitive price.
Right to be informed- The buyers should be informed with all the necessary
details of the product, make her/him act wise, and change the buying
decision.
Right to Consumer Education- Consumer should be aware of his/her rights
and avoid exploitation. Ignorance can cost them more.
Right to be heard- This means the consumer will get due attention to
express their grievances at a suitable forum.
Right to seek compensation- The defines that the consumer has the right to
seek redress against unfair and inhumane practices or exploitation of the
consumer.
The Responsibilities of the Consumer

Responsibility to be aware – A consumer has to be mindful of the safety

and quality of products and services before purchasing.
Responsibility to think independently– Consumer should be well concerned
about what they want and need and therefore make independent choices.
Responsibility to speak out- Buyer should be fearless to speak out their
grievances and tell traders what they exactly want
Responsibility to complain- It is the consumer’s responsibility to express
and file a complaint about their dissatisfaction with goods or services in a
sincere and fair manner.
Responsibility to be an Ethical Consumer- They should be fair and not
engage themselves with any deceptive practice.

THANK YOU
Abdul Rahman