THE PREVENTION OF FOOD ADULTERATION ACT, 1954
ACT NO. 37 OF 1954 1*
[29th September, 1954.]
An Act to make provision for the prevention of adulteration of
food.
Be it enacted by Parliament in the Fifth Year of the Republic of
India as follows:-
1.
Short title, extent and commencement.
1. (1)Short title, extent and commencement. This Act may be
called the Prevention of Food Adulteration Act, 1954.
(2) It extends to the whole of India 2* * *
(3) It shall come into force on such date3* as the Central
Government may, by notification in the Official Gazette, appoint.
2.
Definition.
2.Definition. In this Act unless the context otherwise requires,
4*[(i) “adulterant” means any material which is or could
be employed for the purposes of adulteration;]
5*[(ia)] “adulterated”– an article of food shall be
deemed to be adulterated-
(a) if a article sold by 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;
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1 Extended to and brought into force in Dadra and Nagar Haveli
(w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. I.
This Act came into force in Pondichery on 1-10-1963: vide Reg. 7
of 1963, s. 3 and Sch. I.
This Act came into force in the State of Sikkim (w.e.f. 1-4-
1979) vide Notification No. S. O. 154(E), dated 26-3-1979, Gazette of
India, Extraordinary, Pt. II. see 3 (ii), p. 282.
This Act has been amended in Maharashtra by Maha. Act 13 of
1970 and 50 of 1975, in West Bengal by W. B. Act 42 of 1973 and in
Uttar Pradesh by U. P. Act 47 of 1975.
The Union territories to which this Act applies have been
declared as local area for the purposes of this Act : vide
Notification No. G.S.R. 1708, dated 6-10-1971.
2 Omitted by Act 41 of 1971, s. 2 (w.e.f. 26-1-1972).
3 1st June, 1955: vide Notification No. S. R. O. 1085, dated 9th
May, 1955, see Gazette of India, Pt. 11, See. 3, p. 874.
4 Ins. by Act 34 of 1976, s. 2 (w.e.f. 1-4-1976).
5 Cl. (i) re-numbered as cl. (ia) thereof by s. 2, ibid. (w.e.f.
1-4-1976).
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110
(b) if the article contains any other substance which
affects, 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 constituant 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 insanitary conditions whereby it has become conta-
minated or injurious to health;
(f) if the article consists wholly or, in part of any
filthy putrid, 1* * * * 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;
(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;
2*[(j) if any colouring matter other than that pres-
cribed in respect thereof is present in the article, or if
the amounts of the prescribed colouring matter which is
present in the article are not within the prescribed limits
of variability;]
(k) if the article contains any prohibited
preservative or permitted preservative in excess of the
prescribed limits;
8*[(l) 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
which renders it injurious to health;
(m) if the quality or purity of the article fall.
below the prescribed standard or its constituents are present
in
———————————————————————-
1 The word “disgusting” omitted by Act 34 of 1976, s. 2 (w.e.f.
1-4-1976).
2 Subs. by s. 2, ibid. for sub-clause (j) (w.e.f. 1-4-1976).
3 Subs. by s. 2, ibid., for sub-clause (1) (w.e.f. 1-4-1976).
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111
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 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.
Explanation.-Where two or more articles of primary food are
together and the resultant article of food-
(a) is stored, sold or distributed under a name which
denotes the ingredients thereof; and
(b) is not injurious to health, then, such resultant
article shall not be deemed to be adulterated within the
meaning of this clause;]
(ii) “Central Food Laboratory” means any laboratory or institute
established or specified under section 4;
(iii) “Committee” means the centre committee of food standarads
constituted under section 3
(iv) “Director of Central Food Laboratory” means the pasear
appointed by the Central Government by notification in the Official
Gazette as the Director of the Central Food Laboratory and includes
any person appointed by the Central Government in like manner to
perform all or any of the functions of the Director under this Act :
1*[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 Director under this clause;] 2*[ (V) “food” means any article
used as food or drink for human consumption other than drugs and water
and includes-
(a) any article which ordinarly enters into, or is
used in the composition or preparation of, human food,
(b) any flavouring matter or condiments, and
(c) any other article which the Central Government
may, having regard to its use, nature, substance or quality,
declare, by notification in the Official Gazette, as food for
the purposes of this Act;
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1 Ins. by Act 34 of 1976, s. 2 (w.e.f. 1-4-1976).
2 Subs. by s. 2, ibid., for cls. (v) and (vi) (w.e.f. 1-4-1976).
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112
(vi) “Food (Health) Authority” means the Director of
Medical and Health Services or the Chief Officer in charge of
Health administration in a State, by whatever designation he
is known, and includes any officer empowered by the Central
Government or the State Government, by notification in the
Official Gazette, to exercise the powers and perform the
duties of the Food (Health) Authority under this Act with
respect to such local area as may be specified in the
notification;]
(vii) “local area” means any area, whether urban or
rural, declared by 1*[the Central Government or the State
Government] by notification in the Official Gazette, to be a
local area for the purposes of this Act;
(viii)”local authority” means in the case of
(1) a local area which is-
(a) a municipality, the municipal board or
municipal corporation ;
(b) a cantonment, the cantonment authority;
(c) a notified area, the notified area committee;
(2) any other local area, such authority as may be
prescribed by 1*[the Central Government or the State
Government] under this Act;
(viii a) “Local (Health) Authority”, in relation to a
local area, means the officer appointed by the Central
Government or the State Government, by notification in the
Official Gazette, to be in charge of Health, administration
in such area with such designation as may be specified
therein;
(viiib) “manufacture” includes any process
incidental or ancillary to the manufacture of an article of
food;]
(ix) “misbranded”-an article of food shall be deemed to
be misbranded-
(a) if it is an imitation of, or is a substitute
for, or resembles in a manner likely to deceive, another
article of food under the name of which it is sold, and
is not plainly and conspicuously labelled so as to
indicate its true character;
(b)
any place or country;
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1 Subs. by Act 49 of 1964, s. 2, for “the State Government”
(w.e.f. 1-3-1965).
2 Ins. by Act 34 of 1976, s. 2 (w.e.f. 1-4-1976).
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113
(c) if it is sold by a name which belong to
another article of food;
(d) if it is so coloured, flavoured or seated
powdered or polished that the fact that the article is
damaged is concealed or if the article is made to appear
better or of greater value than it really is;
(e) if false claimes are made for each upon the
label or otherwise;
(f) if, when sold in packages which have been
sealed or prepared by or at the instance of the
manufacturer or producer and which bear his name and
address, the contents of each package are not
conspicuously and correctly stated on the outside
thereof within the limits of variability prescribed
under this Act;
(g) if the package containing it, or the label on
the package bears any statement, design or device
regarding the ingredients or the substances contained
therein, which is false or misleading in any material
particulars; or if the package is otherwise deceptive
with respect to its contents;
(h) if the package, containing it, or the lake on
the package bears the name of a fictitious individual or
company as the manufacturer or producer of the article;
(i) if it purports to be, or is represented as
being, for special dietary uses, unless its label bears
such information as may be prescribed concerning its
vitamin, mineral, or other dietary properties in order
sufficiently to inform its purchaser as to its value for
such uses;
(j) if it contains any artificial flavouring
artificial colouring or chemical preservative, without a
declaratory label stating that fact, or in contravention
of the requirements of this Act or rules made
thereunder;
(k) if it is not labelled in accerdance with the
requirements of this Act or rules made thereunder;
(x) “package” means a box, bottle, casket, tin,
barrel, case, receptacle, sack, bag, wrapper or other thing
in which an article of food is placed or packed;
(xi) “premises” include any shop, stall, or place where
any article of food is sold or manufactured or stored for
sale;
(xii) “prescribed” means prescribed by rules made
under-this Act;
114
1*[(xiia) “primary food” means any article of food,
being a produce of agriculture or horticulture in its natural
form,]
(xiii) “sale” with grammatical varitation and
cognate expressions, means the sale of any article of food,
whether for cash or on credit or by way of exchange and
whether by wholesale or retail, for human consumption or use,
or for analysis, and includes an agreement for sale, an offer
for sale, the exposing for sale or having in possession for
sale of any such article, and includes also an attempt to
sell any such article;
(xiv) “sample” means a sample of any article of
food taken under the provisions of this Act or of any rules
made thereunder;
(xv) the words “unwholesome” and “noxious” when used in
relation to an article of food mean respectively that the
article is harmful to health or repugnant to human use.
2*[2A.Rule of construction. Any reference in this Act to a law
which is not in force in the State of Jammu and Kashmir shall, in
relation to that State, be construed as a reference to the
corresponding law, if any, in force in that State.
CENTRAL COMMITTEE FOR FOOD STANDARDS AND CENTRAL FOOD
LABORATORY
3.
Appointment of Secretary and other staff.
3. (1)The Central Committee for Food Standards. 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.
(2) The Committee shall consist of the following members,
namely:
(a,) the Director-General, Health Services, ex-officio,
who shall be the Chairman ;
3*[(b) the Director of the Central Food Laboratory or,
in a case where more than one Central Food Laboratory is
established, the Directors of such Laboratories, ex-officio;]
(c) two experts nominated by the Central Government;
4 [ (d) one representative each of the Departments of
Food and Agriculture in the Central Ministry of Food and
Agriculture and
———————————————————————-
1 Ins. by Act 34 of 1976, s. 2 (w.e.f. 1-4-1976).
2 Ins. by Act 41 of 1971. s. 3 (w.e.f. 28-1-1972).
3 Subs. by Act 34 of 1976, s. 3, for cl. (b) (w.e.f. 1-4-1976).
4 Subs. by Act 49 of 1964. s. 3, for cl. (d) (w.e.f. 1-3-1966).
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115
one representative each of the Central Ministries of Com-
merce, Defence, Industry and Supply and Railways, nominated
by the Central Government;]
(e) one representative each nominated by the Government of
each 1* * * State;
(f)two representatives nominated by the Central Government
to represent the 2*[Union territories] ;
3*[(g) one representative each, nominated by the Central
Government, to represent the agricultural, commercial and
industrial interests;
(gg) five representatives nominated by the Central
Government to represent the consumers’ interest one of whom
shall be from the hotel industry ;]
(h) one representative of the medical profession nominated
by the Indian Council of Medical Research;
4 [ (i) one representative nominated by the Indian Standards
Institution referred to in clause (e) of section 2 of the
Indian Standards Institution’ (Certification of Marks) Act,
1952.] (36 of 1952).
(3) The members of the Committee referred to in clauses (c),
(d), (e), (f), 5*[6,[(g), (gg)], (h) and (i)] of sub-section (2) shall,
unless their seats become vacant earlier by resignation, death or
otherwise, be entitled to hold office for three years and shall be
eligible for renomination.
(4) The functions of the Committee may be exercised
notwithstanding any vacancy therein.
(5) The Committee may appoint such and so many sub-committees as
it deems fit and may appoint to them persons who are not members of
the Committee to exercise such powers and perform such duties as may,
subject to such conditions, if any, as the Committee may impose, be
delegated to them by the Committee.
(6) The Committee may, subject to the previous approval of the
Central Government, make bye-laws for the purpose of regulating its
own procedure and the transaction of its business.
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1 The words and letters “Part A State and Part B” omitted by the
Adaptation of Laws (No. 3) order, 1956.
2 Subs. ibid., for “Part C States”.
3 Subs. by Act 34 of 1976, s. 3, for cl. (g) (w.e.f. 1-4-1976).
4 Ins. by Act 49 of 1964, s. 3 (w.e.f. 1-3-1965).
5 Subs. by s. 3, ibid., for ” (g) and (h) (w.e.f. 1-3-1965).
6 Subs. by Act 34 of 1976. s. 3, for (w.e.f. 1-4-1976).
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116
3A.
1*[3A. (1)Appointment of Secretary and other staff. The Central
Government shall appoint a Secretary to the Committee who shall, under
the control and direction of the Committee, exercise such powers and
perform such duties as may be prescribed or as may be delegated to him
by the Committee.
(2) The Central Government shall provide the Committee with such
clerical and other staff as that Government considers necessary.]
4.
Central Food Laboratory.
4. Central Food Laborator. 2*[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.]
(2) The Central Government may, after constitution with the
mittee, make rules prescribing-
2*[ (a) the functions of a Central Food Laboratory and the
local area or areas within which-such functions may be
carried out;]
(b) the procedure for the submission to the said Laboratory
of samples of articles of food for analysis or tests, the
forms of the Laboratory’s reports thereon and the fees
payable in respect of such reports;
(c) such other matters as may be necessary or expedient to
enable the said Laboratory to carry out its functions,
GENERAL PROVISIONS AS To FOOD
5.
Prohibition of import of certain articles of food.
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
licence is prescribed, except in accordance with the
conditions of the licence; and
(iv) any article of food in contravention of any other
provision of this Act or of any rule made thereunder.
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1 Ins. by Act 34 of 1976, s. 4 (w.e.f. 1-4-1976).
2 Subs. by s. 5, ibid., for sub-section (1) (w.e.f. 1-4-1976).
3 Subs. by s. 5, ibid., for cl. (a) (w.e.f. 1-4-1976).
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117
6.
Application of law relating to sea customs and powers of CustomsOfficers.
6.(1) Application of law relating to sea customs and powers of
Customs officers. The law for the time being in force relating to sea
custom and to goods, the import of which is prohibited by section 18
of the Sea Customs Act, 1878 (8 of 1878) shall, subject to the
provisions of section 16 of this Act, apply in respect of articles of
food, the import of which is prohibited under section 5 of this Act,
and officers of Customs and officers empowered under that Act to
perform the duties imposed thereby on a Customs Collector and other
officers of Customs shall have the same powers in respect of such
articles of food as they have for the time being in respect of such
goods as aforesaid.
(2) without prejudice to the provisions of sub-section (1) the
Customs Collector, or any officer of the Government authorised by the
Central Government in this behalf, may detain any imported package
which he suspects to contain any article of food the import of which
is prohibited under section 5 of this Act and shall forthwith report
such detention to the Director of the Central Food Laboratory and, if
required by him, forward the package or send samples of any suspected
article of food found therein to the said Laboratory.
7.
Prohibition of manufacture, sale, etc., of certain articles of food.
7.Prohibition of manufacture, sale, etc., of certain articles of
food. No person shall himself or by any person on his behalf manufac-
ture for sale, or store, sell or distribute-
(i) any adulterated food ;
(ii) any misbranded food;
(iii) any article of food for the sale of which a
licence is prescribed, except in accordance with the
conditions of the licence ;
(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] ; 2* * *
(v) any article of food in contravention of any other
provision of this Act or of any rule made thereunder; 3*[or]
3*[(vi) any adulterant.]
3* [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 clause
(iii) or clause (iv) or clause (v) if he stores such food for
the manufacture therefrom of any article of food for sale.]
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1 Subs. by Act 49 of 1964, s. 4, for certain words (w.e.f. 1-3-
1965)
2 The word “or” omitted by Act 34 of 1976, s. 6 (w.e.f. 1-4-
1976).
3 Ins. by s. 6, ibid. (w.e.f. 1-4-1976).
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118
ANALYSIS OF FOOD
8.
Public Analyss.
1*[8.Public Analyss. The Central Government or the State
Government may, by notification in the Official Gazette, appoint such
persons as it thinks fit, having the prescribed qualifications to be
public analysts 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 public analyst under this section:
2* [Provided further that different public analysts may be
appointed for different articles of food.]
9.
Food Inspectors.
9. (1)Food Inspectors. The Central Government or the State
Government may, by notification in the Official Gazette, appoint such
persons as it thinks fit, having 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 section 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.]
10.
Powers of food inspectors.
10. (1)Powers of food inspectors. 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 as convenying,
delivering or preparing to deliver such article to a
purchaser or consignee;
(iii) 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;
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1 Subs. by Act 49 of 1964, s. 5, for ss. 8 and 9 (w.e.f. 1-3-
1965).
2 Ins. by Act 34 of 1976, s. 7 (w.e.f. 1-4-1976).
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119
1*[(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.]
2*[Explanation.- for the purposes of sub clause (iii) of
clause (a), “consignee” does not include a person who
purchases or receives any article of food for his own
consumption;]
3*[(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 not intended for
sale as such food.]
(3) Where any sample is taken under clause (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:]
4*[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 sureties as the food inspector deems fit and the vendor shall
execute the bond accordingly.]
2*[(4A) 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 be destroyed.]
———————————————————————-
1 Subs. by Act 34 of 1976, s. 8, for cl. (c) (w.e.f. 1-4-1976).
2 Ins. by s.8, ibid., (w.e.f. 1-4-1976)
3 Subs. by s.8, ibid., for sub-section (2) (w.e.f 1-4-1976)
4 Ins. by Act 49 of 1964, s. 6 (w.e.f. 1-3-1965).
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120
(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 :
1*[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 case may be, in occupation of the premises, if he
is present therein, refuses 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, and inspection of any place under this section,
follow, as far as may be, the provisions of the 2 [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.
2*(6) any adulterant found in the passession 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 ,
2*[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 or proceeding under this Act, may be seized by the food
inspector] and 2 [a sample of such adulterant] submitted for analysis
to a public analyst:
3*[Provided that no such books of account or other documents shall
be seized by the food inspector except with the previous approval of
the authority to which he is officially subordinate.]
(7) Where the food inspector takes any action under clause (a)
of sub-section (1), sub-section (2), sub-section (4) or sub-section
(6), he shall, 4*[call one or more persons to be present at the time
when such action is taken and take his or their signatures].
3*[(7A) Where any books of account or other documents are seized
under sub-section (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
therefrom as certified by that person in such manner as may be pres-
cribed 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
———————————————————————
1 Subs. by Act 34 of 1976, s. 8, for the first proviso (w.e.f. 1-
4-1976).
2 Subs. by s. 8, ibid., for certain words (w.e.f. 1-4-1976).
3 Ins. by s. 8, ibid. (w.ef. 1-4-1976).
4 Subs. by Act 49 of 1964, s. 6, for certain words (w.e.f. 1-3-
1965).
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121
account or other documents shall be returned to him only after copies
thereof or extracts therefrom as certified by the court have been
taken.
(7B) 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 may exercise the powers of a police
officer 1*[under section 42 of the Code of Criminal Procedure, 1973] (2
of 1973) 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.
(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 2*[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 1*[with fine which shall not be less than five hundred
rupees but which may extend to one thousand rupees].
11.
Procedure to be followed by food inspectors.
11. 3*[(1)Procedure to be followed by food inspectors. When a
food inspector takes a sample of food for analysis, he shall-
(a) give notice in writing then and there of his intention
to have it so analysed to the person from whom he has taken
the sample and to the person, if any, whose name, address and
other particulars have been disclosed under section 14A;
(b) except in special cases provided by rules under this
Act, divide the sample then and there into three parts and
mark and seal or fasten up each part in such a manner as its
nature permits and take the signature or thumb impression of
the person from whom the sample has been taken in such place
and in such manner as may be prescribed:
Provided that where such person refuses to sign or put his
thumb impression the food inspector shall call upon one or
more witnesses and take his or their signatures or thumb
impressions, as the case may be, in lieu of the signature or
thumb impression of such person;
———————————————————————
1 Subs. by Act 34 of 1976, s. 8, for certain words (w.e.f.
1-4-1976).
2 Ins. by s. 8, ibid. (w.e.f. 1-4-1976).
3 Subs. by s. 9, ibid., for sub-sections (1) and (2) (w.e.f.
1-4-1976).
———————————————————————
122
(c) (i) send one of the parts for analysis to the public
analyst under intimation to the Local (Health) Authority; and
(ii)Send the remaining two parts to the Local (Health)
Authority for the purposes of sub-section (2) of this section
and subsections (2A) and (2E) of section 13.
(2) Where the part of the sample sent to the public analyst
under sub-clause (i) of clause (c) of sub-section (1) is lost or
damaged, the Local (Health) Authority shall, on a requisition made to
it by the public analyst or the food inspector despatch one of the
parts of the sample sent to it under sub-clause (ii) of the said
clause (c) to the public analyst for analysis.]
(3) When a sample of any article of food 2*[or adulterant] is
taken under sub-section (1) or sub-section (2) of section 10 2*[the
food inspector shall, by the immediately succeeding working day, send
a sample of the article of food or adulterant or both, as the case may
be, in accordance with the rules prescribed for sampling to the public
analyst for the local area concerned.
3*[(4) An article of food seized under sub-section (4) of section
10, unless destroyed under sub-section (4A) of that section, and any
adulterant seized under sub-section (6) of that section shall be
produced before a magistrate as soon as possible and in any case not
later than seven days after the receipt of the report of the public
analyst;
4* * * * * *
Provided 4* * * that if an application is made to the magistrate
in this behalf by the person from whom any article of food has been
seized, the magistrate shall by order in writing direct the food
inspector to produce such article before him within such time as may
be specified in the order.
5*[(5) If it appears to the magistrate on taking such evidence as
he may deem necessary-
(a) that the article of food produced before him under
sub-section (4)is adulterated or misbranded, he may order it-
(i) to be forfieted to the Central Government, the
State Government or the local authority, as the case may
be; or
———————————————————————-
1 Ins. by Act 34 of 1976, s. 9 (w.e.f. 1-4-1976).
2 Subs. by s.9 ibid., for certain words (w.e.f. 1-4-1976)
3 subs. by s. 9, ibid., for the opening paragraph (w.e.f. 1-4-
1976).
4 The first proviso omitted and in the second proviso the word
“further” omitted by s. 9, ibid. (w.e.f. 1-4-1976).
5 Subs. by s. 9, ibid., for sub-section (5) (w.e.f. 1-4-1976).
———————————————————————-
123
(ii) to be destroyed at the cost of the owner or the
person from whom it was seized so as to prevent its
being used as human food; or
(iii) to be so disposed of as to prevent its being for
sale or used for food under its, again exposed deceptive
name; or
(iv) to be returned to the owner, on his executing a
bond with or without sureties, for being sold under its
appropriate name or, where the magistrate is satisfied
that the article of food is capable of being made to
conform to prescribed standards for human consumption
after reprocessing, for being sold after reprocessing
under the supervision of such officer as may be
specified in the order;
(b) that the adulterant seized under sub-section 6
of section 10 and produced before him is apparently of a
kind which may be employed for purposes of adulteration
and for the possession of which the manufacturer,
distributor or dealer, as the case may be, is unable to
account satisfactorily, he may order it to be forfeited
to the Central Government, the State Government or the
local authority, as the case may be.]
(6) 1*[If it appears to the magistrate that any such-
(a) article of food is not adulterated : or
(b) adulterant which is purported to be an adulterant is
not an adulterant.
the person from whose possession the article of food or adulterant was
taken [shall be entitled to have it restored to him and it shall be in
the discretion of the magistrate to award such person from such fund
as the State Government may direct in this behalf, such compensation
not exceeding the actual loss which he has sustained as the magistrate
may think proper.
12.
Purchaser may have food analysed.
12.Purchaser may have food analysed. Nothing contained in this
Act shall be held to prevent a purchaser of any article of food other
than a food inspector [or a recognised consumer association, whether
the purchaser is a member of that association or not, 3*[” from having
such article analysed by the public analyst on payment of such fees
as may be prescribed and from receiving from the public analyst a
report of his analysis.
———————————————————————-
1. Subs. by Act 34 of 1976, s. 9, for certains 338 under (w.e.f-
1-4-1976)
2. Ins. by Act 70 of 1986, s.2 (w.e.f. 1-5-1987)
———————————————————————-
124
Provided that 1*[such purchaser or recognised consumer association
shall, inform the vendor at the time of purchase of his or its
intention] to have such article so analysed;
provided further that the provisions of sub-section (1), sub-
section (2) and sub-section (3) of section 11 shall, as far as may be,
apply to a purchaser of article of food or recognised consumer
association who or which intends to have such article so anaylsis.
as they apply to a food inspector who takes a sample of food for
analysis:
Provided also that if the report of the public analyst shows that
the article of food is adulterated, the purchaser or recognised
consumer association shall be intitled to get refund of the fees
paid by him or it,under this section.
Explanation.–For the purposes of this section and section 20,
“recognised consumer association “means a voluntary consumer
association registered under the Companies Act, 1956 or under any
other law for the time being inforce.
13.
Report of public analyst.
13. 1*[(1)Report of public analyst. The public ayalyst shall
deliver, in such form as may be prescribed, a report to the Local
(Health) Authority of the result of the analysis of any article of
food submitted to him for analysis.
(2)On receipt of the report of the result of the analysis under
subsection (1) to the effect that the article of food is adulterated,
the Local (Health) Authority shall, after the institution of
prosecution against the person from whom the sample of the article of
food was taken and the person, if any, whose name, address and other
particulars have been disclosed under section 14A, forward, in such
manner as may be Prescribed, a copy of the report of the result of the
analysis to such person or persons, as the case may be, informing such
person or persons that if it is so desired, either or both of them may
make an application to the court within a period of ten days from the
date of receipt of the copy of the report to get the sample of the
article of food kept by the Local (Health) Authority analysed by the
Central Food Laboratory.
(2A) When an application is made to the court under sub-section
(2), the court shall require the Local (Health) Authority to forward
the part or parts of the sample kept by the said Authority and upon
such requisition being made, the said Authority shall forward the part
or parts of the sample to the court within a period of five days from
the date of receipt of such requisition.
(2B) On receipt of the part or parts of the sample from the Local
(Health) Authority under sub-section (2A), the court shall first
ascertain that the mark and seal or fastening as provided in clause
(b) of subsection (1) of section 11 are intact and the signature or
thumb impression, as the case may be, is not tampered with, and
despatch the part or, as the case may be, one of the parts of the
sample under its own seal to the Director of the Central Food
Laboratory who shall thereupon send a certificate to the court in the
prescribed form within one month from
———————————————————————-
2. Subs, by Act 34 of 1976. s.10, for sub-section (1) and (2)
(w.e.f.1-4-1976)
2. Subs. and added by Act 70 of 1986, s.2 (w.e.f 1-5-1987)
———————————————————————-
125
the date of receipt of the part of the sample specifying the result of
the analysis.
(2C) Where two Parts of the sample have been sent to the court
and only one part of the sample has been sent by the court to the
Director of the Central Food Laboratory under sub-section (2B), the
court shall, as soon as practicable, return the remaining part to the
Local (Health) Authority and that Authority shall destroy that part
after the certificate from the Director of the Central Food Laboratory
has been received by the court:
Provided that where the part of the sample sent by the court to
the Director of the Central Food Laboratory is lost or damaged, the
court shall require the Local (Health) Authority to forward the part
of the sample, if any, retained by it to the court and on receipt
thereof, the court shall proceed in the manner provided in sub-section
(2B).
(2D) Until the receipt of the certificate of the result of the
analysis from the Director of the Central Food Laboratory, the court
shall not continue with the proceedings pending before it in relation
to the prosecution.
(2E) If, after considering the report, if any, of the food
inspector or otherwise, the Local (Health) Authority is of the opinion
that the report delivered by the public analyst under sub-section (1)
is erroneous, the said Authority shall forward one of the parts of the
sample kept by it to any other public analyst for analysis and if the
report of the result of the analysis of that part of the sample by that
other public analyist is to eh effect that the article of food is
is adulterated, the provisions of sub-sections (2) to 2nd shall, so far
as may be, apply.]
(3) The certificate issued by the Director of the Central Food
Laboratory 1*[under sub-section (2B)] shall supersede the report given
by the public analyst under sub-section (1).
(4) Where a certificate attained from the Director of the
Central Food Laboratory 1*[under sub-section (2B) ] is produced in any
proceeding under this Act, or under sections 272 to 276 of the Indian
Penal Code (45 of 1860), it shall not be necessary in such proceeding
to produce any part of the sample of food taken for analysis.
(5) any decuments purparting to be a report signed by a public
analyst, unless it has been superseded under sub-section (3), or any
document purporting to be a certificate signed by the Director of the
Central Food Laboratory, may be used as evidence of the facts stated
therein in any proceeding under this Act or under sections 272 to 276
of the Indian Penal Code: (45 of 1860).
———————————————————————
1 Subs. by Act 34 of 1976, s. 10, for “under sub-section (2)”
(w.e.f. 1-4-1976).
———————————————————————
126
1*[Provided that any document purporting to be a certificate
signed by the Director of the Central Food Laboratory [not being a
certificate with respect to the analysis of the part of the sample of
any article of food referred to in the proviso to sub-section (1A) of
section 16] shall be final and conclusive evidence of the facts stated
therein.]
2*[Explanation.-In this section, and in clause (f) of sub-section
(1) of section 16, “Director of the Central Food Laboratory” shall
include the officer for the time being in charge of any Food
Laboratory (by whatever designation he is known) recognised by the
Central Government for the purposes of this section.]
MISCELLANEOUS
14.
Manufacturers, distributors and dealers to give warranty.
3*[14.Manufacturers, distributors and dealers to give warranty. No
1*[manufacturer or distributor of, or dealer in,] any article of food
shall sell such article to any vendor unless he also gives a warranty
in writing in the prescribed form about the nature and quality of such
article to the vendor:
5*[Provided that a bill, cash memorandum or invoice in respect of
the sale of any article of food given by a manufacturer or distributor
of, or dealer in, such article to the vendor thereof shall be deemed
to be a warranty given by such manufacturer distributor or dealer
under this section.]
Explanation.-In this section, in sub-section (2) of section 19
and in section 20A, the expression “distributor” shall include a
commission agent.
14A.
Vendor to disclose the name, etc., of the person from whom the articlesof food
was purchased.
14A. Vendor to disclose the name, etc., of the person from whom
the articles of food was purchased. Every vendor of an article of
food shall, if so required, disclose to the food inspector the name,
address and other particulars of the person from whom he purchased the
article of food.]
15
Notification of food poisoning.
15.Notification of food poisoning. 6*[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.
———————————————————————-
1 Subs. Act 34 of 1976 s. 10, for the proviso (w.e.f. 1-4-1976).
2 Ins. by s. 10, ibid. (w.e.f. 1-4-1976).
3 Subs. by Act 49 of 1964, s. 7, for s. 14 (w.e.f. 1-3-1965).
4 Subs. by Act 34 of 1976, s. 11, for certain words (w.e.f. 1-4-
1976).
5 Ins. by s. 11, ibid. (w.e.f. 1-4-1976).
6 Subs. by Act 49 of 1964, s. 8, for “The State Government”
(w.e.f. 1-3-1965).
———————————————————————-
126A
16.
Power of court to try cases summarily.
16.1*[2*[(J)Penalties. Subject to the provisions of sub-section
(1A), if any person-
(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-
(i) where is adulterated with the meaning of sub-
clause (m) of clause (ia) of section 2 or misbranded
within the meaning of clause (ix) of that section or the
sale of which is prohibited under any provision of this
Act or any rule made thereunder or by an order of the
Food (Health) Authority;
(ii) other than an article of food refered to in sub-
clause (i), in contravention of any of the provisions of
this Act or of any rule made thereunder ; or
(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
(c) prevents a food inspector from taking a sample as
authorised by this Act ; or
(d) prevents a food inspector from exercising any other
power conferred on him by or under this Act ; or
(e) being a manufacturer of an article of food, has in his
possession, or in any of the premises occupied by him, any
adulterant which is not injurious to health ; or
(f)uses any report or certificate of a test or analysis made
by the Director of the Central Food Laboratory or by a public
analyst or any extract thereof for the purpose of advertising
any article of food ; or
(g) whether by himself or by any other person on his
behalf, gives to the vendor a false warranty in writing in
respect of any article of food sold by him,
he shall, in addition to the penalty to which he may be liable under
the provisions of section 6, be punishable with imprisonment for a
term which shall not be less than six months but which may extend to
three years, and with fine which shall not be less than one thousand
rupees;
———————————————————————-
1 Subs. by Act 49 of 1964, s. 9, for sub-section (1) (w.e.f.
1-3-1965).
2 Subs. by Act 34 of 1976, s. 12, for sub-section (1) (w.e.f.
1-4-1976).
———————————————————————-
126B
Provided that-
(i) if the offence is under sub-clause (i), of clause (a)
and is with respect to an article of food, being primary
food, which is adulterated due to human agency or is with
respect to an article of food which is misbranded within the
meaning of sub-clause (k) of clause (ix) of section 2 ; or
(ii) if the offence is under sub-clause (ii) of clause (a),
but not being an offence with respect to the contravention of
any rule made under clause (a) or clause (g) of sub-section
(1A) of section 23 or under clause (b) of sub-section (2) of
section 24,
the court may, for any adequate and special reasons to be mentioned in
the judgement, 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:
Provided further that if the offence is under sub-clause (ii) of
clause (a) and is with respect to the contravention of any rule made
under (a) or clause (g) of sub-section (1A) of section 23 or under
clause (b) of sub-section (2) of section 24, the court may, for any
adequate and special reasons to be mentioned in the judgment, impose a
sentence of imprisonment for a term which may extend to three months
and with fine which may extend to five hundred rupees].
1*[(lA) If any person whether by himself or by any other person on
his behalf, imports into India or manufactures for sale, or stores,
sells or distributes,-
(i) any article of food which is adulterated within the
meaning of any of the sub-clauses (e) to (1) (both inclusive)
of clause (ia) of section 2; or
(ii) any adulterant which is injurious to health,
he shall, in addition to the penalty to which he may be liable under
the provisions of section 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:
Provided that if such article of food or adulterant, when consumed by
any person is likely to cause his death or is likely to cause such
harm on his body as would amount to grievous hurt within the meaning
of section 320 of the Indian Penal Code (45 of 1860), he shall be pun-
ishable with imprisonment for a term which shall not be less than three
years but which may extend
———————————————————————-
1 Ins. by Act 34 of 1976, s. 12 (w.e.f. 1-4-1976).
———————————————————————-
126c
to term of life and with fine which shall not be less than five
thousand rupees.]
1*[(1AA)] If any person in whose safe custody any article of food
has been kept under sub-section (4) of section 10, tampers or in any
other manner interferes with such, article, he shall be punishable
with imprisonment for a term which shall not be less than six months
but which may extend to two years and with fine which shall not be
less than one thousand rupees.
2*[ (1B) If any person in whose safe custody any article of food
has been kept under sub-section (4) of section 10, sells or
distributes such article which is found by the magistrate before whom
it is produced to be adulterated within the meaning of sub-clause (h)
of clause (ia) of section 2 and which, when consumed by any person, is
likely to cause his death or is likely to cause such harm on his body
as would amount to grievous hurt within the meaning of section 320 of
the Indian Penal Code (45 of 1860), then, notwithstanding anything
contained in sub-section (1AA), he shall be punishable with imprisonm-
ent for a term which shall not be less than three years but which may
extend to term of life and with fine which shall not be less than five
thousand rupees.]
(1C) If any person contravenes the provisions of section 14 or
section 14A, he shall be punishable with imprisonment for a term which
may extend to six months and with fine which shall not be less than
five hundred rupees.
(1D) If any person convicted of an offence under this Act commits
a like offence afterwards, then, without prejudice to the provisions
of subsection (2), the court, before which the second or subsequent
conviction takes place, may order the cancellation of the licence, if
any, granted to him under this Act and thereupon such licence shall,
notwithstanding anything contained in this Act, or in the rules made
thereunder, stand cancelled.]
(2) If any person convicted of an offence under this Act commits
a like offence afterwards it shall be lawful for the court before
which the second or subsequent conviction takes place to cause the
offender’s name and place of residence, the offence and the penalty
imposed to be published at the offender’s expense in such newspapers
or in such other manner as the court may direct. The expenses of such
publication shall be deemed to be part of the cost attending the
conviction and shall be recoverable in the same manner as a fine.
———————————————————————-
1 Sub-section (1A) renumbered as sub-section (1AA) by Act 34 of
1976, S. 12 (w.e.f. 1-4-1976).
2 Subs. by s. 12, ibid., for sub-section (1B) (w.e.f. 1-4-1976).
———————————————————————
126D
1*[16A.Power of court to try cases summarily. Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),
all offences under sub-section (1) of section 16 shall be 2 tried in a
summary way by a Judicial Magistrate of the first class specially
empowered in this behalf by the State Government or by a Metropolitan
Magistrate and the provisions of sections 262 to 265 (both inclusive)
of the said Code shall, as far as may be, apply to such trial:
Provided that in the case of any conviction in a summary trial
under this section, it shall be lawful for the Magistrate to pass a
sentence of imprisonment for a term not exceeding one year:
Provided further that when at the commencement of, or in the
course of, a summary trial under this section, it appears to the
Magistrate that the nature of the case is such that a sentence of
imprisonment for a term exceeding one year may have to be passed or
that it is, for any other reason, undesirable to try the case
summarily, the Magistrate shall after hearing the parties, record an
order to that effect and thereafter recall any witness who may have
been examined and proceed to hear or rehear the case in the manner
provided by the said Code.]
17.
Offences by companies.
2*[17. (1)Offences by companies. Where an offence under this Act
has been committed by a company-
(a) (i) the person, if any, who has been nominated under
sub-section (2) to be in charge of, and responsible to, the
company for the conduct of the business of the company
(hereafter in this section referred to as the person respon-
sible) ; or
(ii)where no person has been so nominated, every person who
at the time the offence was committed was in charge of, and
was responsible to, the company for the conduct of the busi-
ness of the company ; and
(b) the company,
shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment provided in this Act if he
proves that the offence was committed without his knowledge and that
he exercised all due diligence to prevent the commission of such
offence.
(2) Any company may, by order in writing, authorise any of its
directors or managers (such manager being employed mainly in a
managerial
———————————————————————
1 Ins. by Act 34 of 1976, s. 13 (w.e.f. 1-4-1976).
2 Subs. by s. 14, ibid., for s. 17 (w.e.f. 1-4-1976).
———————————————————————
126E
or supervisory capacity) to exercise all such powers and take all such
steps as may be necessary or expedient to prevent the commission by
the company of any offence under this Act and may give notice to the
Local (Health) Authority, in such form and in such manner as may be
prescribed, that it has nominated such director or manager as the
person responsible, along with the written consent of such director or
manager for being so nominated.
Explanation.-Where a company has different establishments or
branches or different units in any establishment or branch, different
persons may be nominated under this sub-section in relation to
different establishments or branches or units and the person nominated
in relation to any establishment, branch or unit shall be deemed to be
the person responsible in respect of such establishment, branch or
unit.
(3) The person nominated under sub-section (2) shall, until-
(i) further notice cancelling such nomination is received
from the company by the Local (Health) Authority; or
(ii) he ceases to be a director or, as the case may be,
manager of the company; or
(iii) he makes a request in writing to the Local
(Health) Authority, under intimation to the company, to
cancel the nomination [which request shall be complied with
by the Local (Health) Authority],
whichever is the earliest, continue to be the person responsible:
Provided that where such person ceases to be a director or, as
the case may be, manager of the company, he shall intimate the fact of
such cesser to the Local (Health) Authority:
Provided further that where such person makes a request under
clause (iii), the Local (Health) Authority shall not cancel such no-
mination with effect from a date earlier than the date on which the
request is made.
(4) Notwithstanding anything contained in the foregoing sub-sec-
tions, where an offence under this Act has been committed by a company
and it is proved that the offence has been committed with the consent
or connivance of, or is attributable to, any neglect on the part of,
any director, manager, secretary or other officer of the company, [not
being a person nominated under sub-section (2)] such director,
manager, secretary or other officer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and
punished accordingly.
126F
Explanation.-For the purposes of this section-
(a) “company” means any body corporate and includes a firm
or other association of individuals;
(b) “director”, in relation to a firm, means a partner in
the firm; and
(c) “manager”, in relation to a company engaged in hotel
industry, includes the person in charge of the catering
department of any hotel managed or run by it.]
18.
Forfeiture of property.
18.Forfeiture of property. Where any person has been convicted
under this Act for the contravention of any of the provisions of this
Act or of any rule thereunder, the article of food in respect of which
the contravention has been committed may be forfeited to the
Government:
1*[Provided that where the court is satisfied that the article of
food is capable of being made to conform to prescribed standards for
human consumption after reprocessing, the court may order the article
of food to be returned to the owner, on his executing a bond with or
without sureties, for being sold, subject to the other provisions of
this Act, after reprocessing under the supervision of such officer as
may be specified therein.]
19.
Defences which may or may not be allowed in prosecutions under thisAct.
19. Sale of any adulterated or misbranded article of food a allege
mearly that vendor was ignorant of the nature. under this Act. It shall
be no defence in a prosecution for an offence pertaining to food to
allege merely substance or quality of the food sold by him or that the
purchaser having purchased any article for analysis was not prejudiced
by the sale.
2*[(2) A vendor shall not be deemed to have committed an offence
pertaining to the sale of any adulterated or misbranded article of
food if he proves-
(a) that be purchased the article of food-
(i) in a case where a license is prescribed for the
sale thereof, from a duly licensed manufacturer,
distributor or dealer ;
(ii) in any other case, from any manufacturer,
distributor or dealer, with a written warranty in the
prescribed form; and
(b) that the article of food while in his possession was
properly stored and that he sold it in the same state as he
purchased it.]
———————————————————————
1 Ins. by Act 34 of 1976, s. 15 (w.e.f. 1-4-1976).
2 Subs. by Act 49 of 1964, a. 10, for sub-section (2) (w.e.f.
1-3-1965).
———————————————————————
126G
(3) Any person by whom a warranty as is referred to 1*[in
section 14] is alleged to have been given shall be entitled to appear
at the hearing and give evidence.
20.
Cognizance and trial of offences.
20. (1)Cognizance and trial of offences. 2*[No prosecution for an
offence under this Act, not being an offence under section 14 or
section 14A,] shall be instituted except by, or with the written
consent of, 3*[the Central Government or the State Government 4* * * or
a person authorised in this behalf, by general or special order, by
the Central Government or the State Government 4* * *]:
Provided that a prosecution for an offence under this Act may be
instituted by a purchaser or recognised consumer association referred
to in section 12, if he or it produces in court a copy of the report of
the public analyst along with the complaint.
6*[(2) No court inferier to that of a Metropolitan Magistrate or a
Judicial Magistrate of the first class shall try any offence under
this Act.
(3) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973, an offence punishable under sub-section (1AA) of
section 16 shall be cognizable and non-bailable.] (of 1974).
20A.
Power of court to implead manufacturer, etc.
6*[20A.Power of court to implead manufacturer, etc. Where at any
time during the trial of any offence under this Act alleged to have
been committed by any person, not being the manufacturer, distributor
or dealer of any article of food, the court is satisfied, on the
evidence adduced before it, that such manufacturer, distributor or
dealer is also concerned with that offence, then, the court may,
notwithstanding anything contained in 7*[sub-section (3) of section
319 of the Code of Criminal Proceedure, 1973 (2 of 1974)], or in sect-
tion 20 proceed against him as though a prosecution had been instituted
against him under section 20].
20AA
Application of the Probation of Offenders Act, 1958 and section 360 ofthe Code
of Criminal Procedure 1973.
8*[20AA. Application of the Probation of Offenders Act, 1958 and
section 360 of the Code of Criminal Procedure 1973. Nothing contained
in the Probation of Offenders Act, 1958 (20 of 1958) or section 360 of
the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to a
person convicted of an offence under this Act unless that person is
under eighteen years of age].
———————————————————————
1 Subs. by Act 49 of 1964, s. 10, for “in sub-section (2)
(w.e.f. 1-3-1965).
2 Subs. by Act 34 of 1976, s. 16, for certain words (w.e.f. 1-
4-1976).
3 Subs. by Act 49 of 1964 S. 11, for certain words (w.e.f. 1-3-
1965).
4 The words “or a local ‘authority” omitted by -Act 34 of 1976,
s. 16 (w.e.f. 1-4-1976).
6 Subs. by s. 16, ibid.. for sub-section (2) (w.e.f. 1-4-1976).
7 Ins. by Act 49 of 1964. s. 12 (w.e.f. 1-3-1965).
8 Subs. by Act 34 of 1976, s. 17, for certain words (w.e.f. 1-4-
1976).
9 Ins. by s.18, ibid. (w.ef. 1-4-1976).
5 Ins. & Subs. by Ac 70 of 1986, s.3 (w.e.f. 1-5-1987).
———————————————————————-
126H
21.
Magistrate’s power4 to impose enhanced penalties.
1*[21.Magistrate’s power4 to impose enhanced penalties.
Notwithstanding anything contained in section 29 of the Code of Crimi-
nal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan
Magistrate or any Judicial Magistrate of the first class to pass any
sentence authorised by this Act, except a sentence of imprisonment for
life or for a term exceeding six years, in excess of his powers under
the said section.]
22.
Protection of action taken in good faith.
22.Protection of action taken in good faith. No suit, prosecution
or other legal proceedings shall lie against any person for anything
which is in good faith done or intended to be done under this Act.
22A.
Power of Central Government to give directions.
2*[22A. Power of Central Government to give directions. The
Central Government may give such directions as it may deem necessary
to a State Government regarding the carrying into execution of all or
any of the provisions of this Act and the State Government shall
comply with such directions.]
23.
Power of the Central Government to make rules.
3*[23.] (1)Power of the Central Government to make rules. The
Central Government may, after consultation with the Committee and
after previous publication by notification in the Official Gazette,
make rules to carry out the provisions of this Act:
Provided that consultation with the Committee may be dispensed
with if the Central Government is of the opinion that circumstances
have arisen which render it necessary to make rules without such
consultation, but, in such a case, the Committee shall be consulted
within six months of the making of the rules and the Central
Government shall take into consideration any suggestions which the
Committee may make in relation to the amendment of the said rules.]
4*[(lA)] 5*[In particular and without prejudice to the generality
of the foregoing power, such rules may provide for all or any of the
following matters, namely:-]
(a) specifying the articles of food or classes of food for
the import of which a licence is required and prescribing the
form and conditions of such licence, the authority empowered
to issue the same, 6*[the fees payable therefor, the deposit
of any sum as security for the performance of the conditions
of the licence and the circumstances under which such licence
or security may be cancelled or forfeited;]
(b) defining the standards of quality for, and fixing the
limits of variability permissible in respect of, any article
of food;
———————————————————————-
1 Subs. by Act 34 of 1976, s. 19 for & 21 (w.e.f. 1-4-1976).
2 Ins. by s.20, ibid. (w.e.f. 1-4-1976).
3 Ins. by s.21, ibid. (w.e.f. 1-4-1976).
4 Sub-section (1) renumbered as sub-section (1A) by s. 21, ibid.
(w.e.f. 1-4-1976).
5 Subs. by s. 21, ibid., for certain words (w.e.f. 1-4-1976).
6 Subs. by Act 49 of 1964, s. 13, for “and the fees payable
therefor” (w.e.f. 1-3-1965).
———————————————————————-
126I
(c) laying down special provisions for imposing rigorous
control over the production, distribution and sale of any
article or class of articles of food which the Central
Government may, by notification in the Official Gazette,
specify in this behalf including registration of the premises
where they are manutactured, maintenance of the premises in a
sanitary condition and maintenance of the healthy state of
human beings associated with the production, distribution and
sale of such article or class of articles;
(d) restricting the packing and labelling of any article of
food and the design of any such package or label with a view
to preventing the public or the purchaser being deceived or
misled is to the character, quality or quantity of the
article 1*[or to preventing adulteration];
(e) defining the qualifications, powers and duties of food
inspectors and public analysts;
1*[(ee) defining the laboratories where samples of articles
of food or adulterants may be analysed by public analysis
under this Act;]
(f) prohibiting the sale or defining the conditions of
sale of any substance which may be injurious to health when
used as food or restricting in any manner its use as an
ingredient in the manufacture of any article of food or
regulating by the issue of licences the manufacture or sale
of any article of food;
(g) defining the conditions of sale or conditions for
licence of sale of any article of food in the interest of
public health;
(h) specifying the manner in which containers for samples
of food purchased for analysis shall be sealed up or fastened
up;
1*[(hh) defining the methods of analysis;]
(i) specifying a list of permissible preservatives, other
than common salt and sugar, which alone shall be used in
preserved fruits, vegetables or their products or any other
article of food as well as the maximum amounts of each
preservative;
(j) specifying the colouring matter and the maximum
quantities thereof which may be used in any article of food;
(k) providing for the exemption from this Act or of any
requirements contained therein and subject to such
conditions,
———————————————————————-
1 Ins. by Act 34 of 1976, s. 21 (w.e.f. 1-4-1976).
———————————————————————
126J
if any, as may be specified, of any article or class of
articles of food;
(l) prohibiting or regulating the manufacture, transport or
sale of any article known to be used as an adulterant of
food;
(m) prohibiting or regulating-
(i) addition of any water, or other diluent or
adulterant to any article of food;
(ii) the abstrection and igredient from any article
of food ;
(iii) the sale of any article of food to which such
addition or from which such attraction has been made
or which has been otherwise artificially treated;
(iv) the mixing of two or more articles of food which
are similar in nature or appearance;
(n) providing for the destruction of such articles of food
as are not in accordance with the provisions of this Act or
of the rules made thereunder.
1*[(2) Every rule made by the Central Government under this Act
shall be laid as soon as may be after it is made before each House of
Parliament while it is session for a total period of thirty days
2*[which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid] both
Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under
that rule.]
24.
Power of the State Government to make rules.
24. (1)Power of the State Government to make rules. The State
Government may, after consultation with the Committee and subject to
the condition of previous publication, make rules for the purpose of
giving effect to the provisions of this Act in matters not falling
within the purview of section 23.
(2) In particular, and without prejudice to the generality of
the foregoing power, such rules may-
(a) define the powers and duties of the Food (Health) Authority
3*[local authority and Local (Health) Authority under this
Act] 4* * * ;
(b) prescribe the forms of licences for the manufacture for
sale, for the storage, for the sale and for the distribution
of
———————————————————————
1 Subs. by Act 49 of 1964, s. 13, for sub-section (2) (w.e.f.
1-3-1965)
2 Subs. by Act 34 of 1976, s. 21, for certain words (w.e.f.1-4-
1976)
3 Subs. by s. 22, ibid., for certain words (w.e.f. 1-4-1976).
4 Certain words omitted by Act 49 of 1964, s. 14.
———————————————————————-
126K
articles of food or any specified article of food or class
of articles of food, the form of application for such
licences, the conditions subject to which such licences may
be issued, the authority empowered to issue the same, 1*[the
fees payable therefor, the deposit of any sum as security for
the performance of the conditions of the licences and the
circumstances under which such licences or security 2*[may be
suspended, cancelled or forfeited]];
(c) direct a fee to be paid for analysing any article of
food or for any matter for which a fee may be prescribed
under this Act;
(d) direct that the whole or any part of the fines imposed
under this Act shall be paid to a local authority on rea-
lisation;
(e) provide for the delegation of the powers and functions
conferred by this Act on the State Government or the Food
(Health) Authority to subordinate authorities or to local
authorities.
(3) All rules made by the State Governments under this Act
shall, as soon as possible after they are made, be laid before the
respective State Legislatures.
25.
Repeal and saving.
25. (1)Repeal and saving. If, immediately before the
commencement of this Act, there is in force in any State to which this
Act extends any law corresponding to this Act. that corresponding law
shall upon such commencement stand repealed.
(2) Notwithstanding the repeal by this Act of any corresponding law,
all rules, regulations and bye-laws relating to the prevention of
adulteration of food, made under such corresponding law and in force
immediately before the commencement of this Act shall, except where
and so far as they are inconsistent with or repugnant to the
provisions of this Act, continue in force until altered, amended or
repealed by rules made under this Act.
In section 25 of the principal Act, in its application to the
State of jammu and Kashmir, after sub-section (2), the following sub-
section shall be inserted, namely:-
(3) (a) References to the commencement of this Act in this
section shall be construed as references to the commencement
of the Prevention of Food Adulteration (Amendment) Act, 1971.
(b) For the avoidance of doubt, it is hereby declared that the
the provisions of sub-section (2) shall be without prejudice
to the provisions contained in section 6 of the General
Clauses Act, 1897 which shall also apply to the repeal of the
corresponding law in force in the State of Jammu and Kashmir
as if such corresponding law had been an enactment.”.
———————————————————————-
1 Subs. by Act 49 of 1964, s. 14, for “and the fees payable
therefor” (w.e.f. 1-3-1965).
2 Subs. by Act 34 of 1976 s. 22, for certain words (w.e.f. 1-4-
1976).
———————————————————————-
URL: http://indiacode.nic.in/fullact1.asp?tfnm=195437