Useful facts related to Food & Products

Food

"Food" means any article used as food or drink for human consumption other than drugs and water and includes :-
(a) any article which ordinarily 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

adulteration

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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:-

misbranded

an article of food shall be deemed to be misbranded :-

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 :-

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.] 2[Provided further that different public analysts may be appointed for different articles of food.

Food Inspectors
Powers of Food Inspectors
Procedure to be followed by Food Inspectors
Penalties

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:

Provided that-

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 clause (a) or clause (g) of sub-section (1-A) of section23 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 may extend to three months and with fine which may extend to five hundred rupees.] 1[(1-A) 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,-

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 punishable with imprisonment 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. 1[(1-AA) If any person is 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[(1-B) 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 (1-AA), he shall be punishable with imprisonment 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.]

(1-C) If any person contravenes the provision of section14 or section 14-A, 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

(1-D) If any person convicted of an offence under this Act commits a like offence afterwards, then, without prejudice to the provisions of sub-section (2), the court, before which the second or subsequent conviction takes place, may order the cancellation of licence, if any, granted to him under this Act, and thereupon such licence shall, notwithstanding anything contained in this Act, or in the rule made thereunder, stand cancelled.]

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.

Power of court to try cases summarily

Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 0f 1974) all offences under sub-section (1) of section16 shall be tried in 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 section 262 to 265 (both inclusive) of the said Code shall, as fas as may be, apply to such trial: Provided that in the case of any conviction in 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 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, undersirable 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.

Notes :-

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