SOCIO ECONOMIC OFFENCES

UNIT 2
PREVENTION OF FOOD ADULTERATION

Ms. Akansha Gulati

Assistant Professor
DME law school
a.gulati@dme.ac.in
• FOOD (S. 3(1)(J))  Any substance used into food
during its manufacture,
preparation or treatment
Processed Human Consumption
Partially Processed
Unprocessed

PRIMARY FOOD (S. 3(1)(Zk))

Produce of agriculture/horticulture/animal  Animal feed

husbandry dairying/ aquaculture  Live animal unless prepared or
processed for human consumption
 Genetically modified food
 Infant food  Plants prior to harvesting
 Packaged drinking water  Drugs & medicinal products
 Alcoholic drink Cosmetics
 Narcotics &Psychotropic
 SAFETY
ADULTERANT (S.2(1)(a)):
Food Unsafe, Substandard, Mis Branded Or Containing Extraneous Matters.
S.(3(1) (ZX))
It does not meet the specified
standards but doesn’t render
the article of food unsafe.
S.3(1)(i)
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
Food Unsafe
(S.3(1)(ZZ))

whose nature, substance or quality is so affected as to render it injurious to health

 by the article or its package of poisonous or deleterious substance
 by virtue of its unhygienic processing or the presence of any harmful substanc
 by the substitution of any inferior or cheaper substance.
 by addition of a substance directly or as an ingredient which is not permitted.
 by the presence of any colouring matter or preservatives other than that
Specified.
 by virtue of its being mis-branded or sub-standard or food containing
extraneous matter.
 by virtue of containing pesticides and other contaminants in excess of quantiti
 • MIS BRANDED (S. 3(1)(ZF))

If it represented to be, or is being offered or promoted for sale with false,
misleading or deceptive claims either
(a) upon the label of the package, or
(b) through advertisement

Sold by a name which belongs to another article of food.

Offered or promoted for sale under the name of a fictitious individual or
company as the manufacturer or producer of the article as borne on the
package or containing the article or the label on such package; or
 • MIS BRANDED

Package containing false labelling of ingredients or the substances contained

therein, or if the package is otherwise deceptive with respect to its contents; or
The article is offered for sale as the product of any place or country which is
false or
If the article contained in the package –
(i) Contains any artificial flavouring, colouring or chemical preservative and the
package is without a declaratory label stating that fact or is not labelled in
accordance with the requirements of this Act or regulations made thereunder or is
in contravention thereof; or
(ii) is offered for sale for special dietary uses unless its label bears such
information as may be specified.
 FOOD SAFETY (3(1)(zf))
• “food safety” means assurance that food is acceptable for human consumption
according to its intended use.
 STANDARD

Standard, in relation to any article of food, means the standards notified by the
Food Authority
WHY DO WE NEED FOOD SAFETY
LAWS?

 Article 47 of Indian Constitution (DPSP)

 Article 21 of India Constitution (F.R)

CENTRE FOR PUBLIC INTEREST Vs UOI

S.C discussed harmful effects of soft drinks on human health
 Who ensures food safety & sets the standards?
FOOD SAFETY & STANDARDS ACT, 2006 : An act to consolidate the laws
relating to food and to establish FSSAI.

FOOD SAFETY STANDARDS AUTHORITY OF INDIA (FSSAI), established

by C.G under S. 4 of the act.
• FSSAI was established in 2008 under the ministry of Health and Family
welfare.
• It consists of a chairperson and 22 members selected by a Selection Committee
constituted by the Central Government.
OBJECTIVES OF FSSAI
 Lay down science based standards for articles of food.
 To regulate manufacture, storage, distribution, sale and ensure availability of
CHAIR PERSON
CHIEF EXECUTIVE
OFFICER
FOOD COMMISSIONER

DESIGNATED OFFICER

FOOD SAFETY OFFICER

 VARIOUS AUTHORITIES UNDER THE ACT

The Act provides for the appointment of Chief Executive Officer by the
Central Government. He is the legal representative of the Food Authority.
The Act empowers the State Government to appoint a Commissioner of Food
Safety for the State for effective implementation of the provisions at the State
level.
The Commissioner of Food Safety is given the authority to appoint a
Designated Officer for each district.
The Commissioner is also empowered to appoint Food Safety Officers.
 VARIOUS AUTHORITIES UNDER THE
ACT
The Act provides that the Food Authority shall establish various other authorities.

A CENTRAL ADVISORY COMMITTEE for ensuring cooperation between the Food

Authority and the enforcement agencies (S.11 &12)
SCIENTIFIC PANELS in order to deliberate on certain matters in consultation with
representatives of the concerned industry along with consumer representatives. (S.13)
SCIENTIFIC COMMITTEE to advice the Food Authority on various issues by giving
their scientific opinion. (S.14)
 NEED FOR THE NEW ACT
 Earlier there were different laws relating to food governed by different ministries.
 Different quality standards and labelling requirements.
 There were several defects in the Prevention of Food Adulteration Act, 1954.
 Section 91 of the Act empowers the C.G to make rules under the Act. Some of these
rules enacted by the Government which regulates the standard of food products are:
 Food Safety and Standards (Licensing and Registration of Food Businesses)
Regulation, 2011.
 Food Safety and Standards (Packaging and Labelling) Regulation, 2011.
 Food Safety and Standards (Laboratory and Sampling Analysis) Regulation, 2011.
 Food Safety and Standards (Food Product Standards and Food Additives)
Regulation, 2011.
 The procedure and
Set standards and guidelines for the
guidelines of food DUTIES AND accreditation of
articles & FUNCTIONS laboratories and
appropriate system OF FOOD notification of such
for enforcement of AUTHORITY laboratories
various standards OF INDIA
S.16 The procedure and
quality control
The limits for using Mechanisms and enforcement relating
food additives, crop guidelines for the to any food article
contaminants, pesticide accreditation of imported into India.
residues, heavy metals, certification bodies
processing aids and engaged in food
such other substances. safety management
systems
certification
 Scientific advice & DUTIES AND
technical support to the FUNCTIONS OF
Government: framing of Food labelling
policy & rules on food FOOD standards.
safety and nutrition AUTHORITY
OF INDIA S.16

The way in which risk Conduct survey of

analysis, risk assessment, enforcement and
risk communication, and administration of the
risk management will be FSS Act in India.
undertaken
 The method of sampling, Promote as well as
analysis, and coordinate and issue
information exchange guidelines for
among the enforcement DUTIES AND developing risk
authorities FUNCTIONS OF assessment
FOOD methodologies.
AUTHORITY
Provide technical and OF INDIA S.16
Search, collect,
scientific advice plus
analyse and
assistance to the Central
and State summarise relevant
governments :crisis scientific as well as
management procedures technical data
with respect to food
safety.
 Take steps to ensure that the
public, consumers, interested DUTIES AND FUNCTIONS
parties, and levels of OF FOOD AUTHORITY OF
panchayats get rapid, INDIA S.16
reliable, objective, and
comprehensive information
via appropriate methods and
means

Contribute to the Establish a system of

international technical network of organizations : to
standards development facilitate a scientific co-
for food, sanitary and operation framework
phyto-sanitary standards.
 Promote general
Training programmes in awareness
food safety & standards DUTIES AND towards food
for people who intend to FUNCTIONS
become involved in food
safety.
OF FOOD
businesses, whether as
FBOs or as employees, AUTHORITY Promote consistency
among international
or otherwise. OF INDIA technical standards and
S.16 domestic food
Contribute to the Promote co-ordination of standards. Also,
international work on food standard ensuring that the
technical standards undertaken by the protection level adopted
development for food, international in the country is not
sanitary and phyto- governmental reduced.
sanitary standards. organizations and non-
governmental
organizations.
GENERAL POVISIONS AS TO ARTICLES OF
FOOD
• No article of food shall contain any food additive or processing aid
SECTION unless it is in accordance with the provisions of this Act and
regulations made thereunder.
19
• 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
SECTION regulations.
20
• No article of food shall contain insecticides or pesticides
residues, veterinary drugs residues, antibiotic residues,
solvent residues, pharmacological active substances and
SECTION micro-biological counts in excess of such tolerance limit as
21 may be specified by regulations
 • no person shall manufacture,
distribute, sell or import any
novel food, genetically modified
articles of food, irradiated food,
SECTION 22 organic foods, foods for special
dietary uses, functional foods,
health supplements & other

• Restrictions of
advertisement
and
SECTION 24 prohibition as
to unfair trade
practices.
PACKAGING AND LABELLING OF FOODS (S. 23)
No person shall manufacture, distribute, sell or expose for sale or dispatch or
deliver to any agent or broker for the purpose of sale, any packaged food products
which are not marked and labelled in the manner as may be specified by
regulations:
Provided that the labels shall not contain any statement, claim, design or device
which is false or misleading in any particular concerning the food products
contained in the package or concerning the quantity or the nutritive value
implying medicinal or therapeutic claims or in relation to the place of origin of
the said food products.
(2) Every food business operator shall ensure that the labelling and presentation
of food, including their shape, appearance or packaging, the packaging materials
used, the manner in which they are arranged and the setting in which they are
displayed, and the information which is made available about them through
whatever medium, does not mislead consumers.
 RESPONSIBILITY OF FOOD BUSINESS OPERATOR (S.26)

• All food business operators must ensure that the commodities of food are in
accordance with the Food Safety and Standards Act commenced in 2006 and
the regulations created herein at different stages of production, processing,
import, as well as distribution and sale within the businesses in its control.

• All the food business operators in India must not employ any person at work
who is suffering from communicable, infectious or loathsome diseases. FBO’S
need to observe the things with this regard, and thus, it comes under the
responsibilities of food business operators.
None of the food business operators in India shall store, manufacture, sell as well
as distribute any article of food either himself or by any other person on his place-
Food business operators must not involve themselves in selling or offering for
sale articles of food to any vendor unless he presents a guarantee in writing in
the form prescribed by food business regulations about nature as well as the
quality of such article to the vendor.

Where any food item which is not safe falls under the parts of a batch,
consignment of the food of the similar class along with the description, it shall
get surmised that various food articles in that batch, consignment or lot is also
marked as unsafe, unless heeding an assignment in detail in the time frame of
the specified period.
 • SECTION 31

Getting FSSAI registration is a basic license requirement for food business

operators indulged in the small-scale food business.

Food business operators who are importers, exporters, and large

manufacturers involved in large-scale food business must acquire FSSAI
registration from central government and food business operators with small
along with medium-sized manufacturing units, traders, marketers, as well as
transporters, etc., should take FSSAI registration from the state government.

Acquiring State FSSAI license and Central FSSAI license belongs to the
responsibilities of food business operators on the basis of business size.
Section 27: Liability of the manufacturers, packers, wholesalers,
distributors and sellers

Section 28: Food recall procedures