Reg Food and Food Products | Public Appeal | Food Safety and Drugs Administration

Regarding Food Products

Useful Facts

Food

"Food" means any article used as food or drink for human consumption other than drug and water and includes :

Any article which ordinarily enters into, or is used in the composition or preparation of, human food,
Any flavouring matter or condiments, and
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

Adulteration

In this Act unless the context otherwise requires:
3(i) "adulterant" means any material which is or could be employed for the purpose of adulteration;
4(ia) "adulterated" an article of food shall be deemed to be adulterated:

If the article sold by a vendor is not of the nature, substance or quality demanded by the purchaser and is to his prejudice, or is not of the nature, substance or quality which it purports or represented to be;
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;
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;
If any constituent of the article has been wholly or in part abstracted so as to affect injuriously the nature, substance or quality thereof;
If the article had been prepared, packed or kept under insanitary conditions whereby it has become contaminated or injurious to health ;
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

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Misbranded

An article of food shall be deemed to be misbranded :

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;
If it is falsely stated to be the product of any place or country;
If it is sold by a name which belongs to another article of food;
If it is so coloured, flavoured or coated, 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;
If false claims are made for it upon the label or otherwise
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 under this Act;
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 particular; or If the package is otherwise deceptive with respect to its contents;

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Prohibition of manufacture, sale, etc. of certain articles of food

No person shall himself or by any person on his behalf, manufacture for sale or store, sell or distribute :

Any adulterated food,
Any misbranded food,
Any article of food for the sale of which a licence is prescribed except in accordance with the conditions of the licence,
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
Any article of food in contravention of any other provision of this Act or of any rule made thereunder,
Any adulterant 1[Explanation]: For the purpose 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

Public Analysts

The Central Government or the State Govenment may, by notification in the official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications to be public analysts for such 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 manufacture, import or sale of any article of food shall be appointed to be a public analyst under this section. Provided further that different public analysts may be appointed for different articles of food.

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.
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 hehalf.

Powers of Food Inspectors

A food inspector shall have power to take samples of any article of food from
- Any person selling such article;
- Any person who is in the course of conveying, delivering or preparing to deliver such article to a purchaser or consignee
- A consignee after delivery of any such article to him; and
To send such sample for analysis to the public analyst for the local area within which such sample has been taken;
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 purpose 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;] 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.
Where any sample is taken under clause (a) of subsection (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
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 sample of such article and submit the same for analysis to a public analyst.] 1[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].
- 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
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 : 3[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 1[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[Any adulterant found in the possession of a manufacturer or distributor of, or dealer in, any article of food or in any of the premises occupied by him as such] and for the possession of which he is unable to account to the satisfaction of the food inspector2[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 offically subordinate.
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.
- 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 prescribed have been taken.] Provided that where such person refuses to so certify, and a prosecution has been instituted against him under this Act, such books of account or other documents shall be returned to him only after copies thereof or extracts therefrom as certified by the court have been taken.
- When any adulterant is seized under sub-section (6), the burden of proving that such adulterant is not meant for purpose of adulteration shall be on the person from whose possession such adulterant was seized.
Any food inspector may exercise the powers of a police officer 1[under section 42 of the Code of Criminal Procedure, 1973] (2 of 1974) for the purpose of ascertaining the true name and residence of the person from whom a sample is taken or an article of food is seized.
Any food inspector exercising powers under this Act or under the rules made thereunder who :
- vexatiously and without any reasonable grounds of suspicion seizes any article of food 2[or adulterant]; or
- 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 3[with fine which shall not be less than five hundred rupees but which may extend to one thousand rupees