Prevention of Food Adulteration Act,1954
Act No : 37
Section :
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; --------------------------------------------------------------------- 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). --------------------------------------------------------------------- 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). ---------------------------------------------------------------------- 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; ---------------------------------------------------------------------- 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). ---------------------------------------------------------------------- 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; ---------------------------------------------------------------------- 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). ---------------------------------------------------------------------- 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
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