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Action against adulterated
food / medicine
Complaints
should be addressed to the Food and Drugs
Administration department in your city.
At
Mumbai you can contact:
Food
& Drugs Administration
Survey No.341 Bandra Kurla Complex
Bandra (E) Mumbai 400 051
Tel.No:
26592519 (Asst. Commissioner)
Thane:
Tel. No: 2531 1988
The
Prevention of Food Adulteration Act, 1954 aims
at making provisions for the prevention of
adulteration of food. The Act extends to the
whole of India and came into force on 1st
June 1955.
WHAT
IS ADULTERATED FOOD?
An
article of food shall be deemed to be
adulterated -
a.
if the article sold by a vendor is not of
the nature, substance or quality demanded by the
purchaser or which it purports to be;
b.
if the article contains any substance
affecting its quality or of it is so processed
as to injuriously affect its nature, substance
or quality;
c.
if any inferior or cheaper substance has
been substituted wholly or partly for the
article, or any constituent of the article has
been wholly or partly abstracted from it, so as
to affecting its quality or of it is so
processed as to injuriously affect its nature,
substance or quality;
d.
if the article had been prepared, packed
or kept under insanitary conditions whereby it
has become contaminated or injurious to health;
e.
if the article consists wholly or in part
of any filthy, putrid, disgusting, rotten,
decomposed or diseased animal or vegetable
substance or being insect-infested, or is
otherwise unfit for human consumption;
f.
if the article is obtained from a
diseased animal;
g.
if the article contains any poisonous or
other ingredient which is injurious to health;
h.
if the container of the article is
composed of any poisonous or deleterious
substance which renders its contents injurious
to health;
i.
if the article contains any prohibited
colouring matter or preservative, or any
permitted colouring matter or preservative in
excess of the prescribed limits;
j.
if the quality or purity of the article
falls below the prescribed standard, or its
constituents are present in proportions other
standard, or its constituents are present in
proportions other than those prescribed, whether
or not rendering it injurious to health.
Thus,
additions of water to milk amount to
adulteration, within the meaning of sub-clauses
(b) or (c).
WHEN
ARE FOODS 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, and is not
conspicuously labelled so as to indicate its
true character,
b.
if it is falsely stated to be the product
of any place or country,
c.
if it is sold by a name which belongs to
another article of food,
d.
if it is so coloured, flavoured, coated,
powdered or polished as to conceal any damage to
the article or to appear of greater value than
it really is,
e.
if false claims are made for it upon the
label or otherwise,
f.
if, when sold in sealed or prepared
packages by its manufacturer, the contents of
each package are not conspicuously and correctly
stated on the outside thereof;
g.
if the package containing it is deceptive
with respect to its contents, in any manner,
such as label, statement, design or device which
is misleading,
h.
if the package containing it, or the
label thereon, 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 the prescribed information
concerning its dietary properties,
j.
if it contains any artificial flavouring,
colouring or chemical preservatives without
declaring the same on the label, or in violation
of the requirements of this Act and the Rules
made thereunder, and
k.
if it is not labeled in accordance with
the requirements of this Act and the Rules made
thereunder.
Preservative:
means a substance which when added to food, is
capable of inhibiting, retarding or arresting
the process of fermentation, acidification or
other decomposition of food.
PROHIBITIONS
AND RESTRICTIONS
PROHIBITION ON THE MANUFACTURE, SALE, ETC. OF
CERTAIN FOOD ARTICLES
No
person shall manufacture, store, sell or
distribute
(i) any adulterated food,
(ii) any misbranded food,
(iii) food articles to be sold under licence
without fulfilling the conditions of the licence,
(iv) any food article the sale of which is
prohibited by the Food (Health) Authority in the
interest of public health,
(v) any food article in contravention of any
other provision of the Act or the Rules, (see
Conditions for Sale) or
(vi) any adulterant.
The
act of storing an adulterated article of food
would be an offence only if storing is for sale.
The sale of a part of the stored article
constitutes an offence distinct and independent
from the offence of storing for sale.
PROHIBITION ON USE OF CERTAIN EXPRESSIONS WHILE
LABELLING OF EDIBLE OILS AND FATS
The
package, label or the advertisement of edible
oils and fats shall not use the expressions
Super-Refined, Extra-Refined, Micro-Refined,
Double-Refined, Ultra-Refined, Anti-Cholesterol,
Cholesterol Fighter, Soothing to Heart,
Cholesterol Friendly, Saturated Fat Free or such
other expressions which are exaggerations of the
quality of the product. (Rule 37 D).
PROHIBITION ON SALE OF CERTAIN ADMIXTURES
For
example, cream which has not been prepared
exclusively from milk, milk which contains any
added water, ghee which contains any added
matter not exclusively derived from milk fat, a
mixture of two or more edible oils as an edible
oil and turmeric containing any foreign
substances, etc. (Rule 44)
PROHIBITION ON USE OF ACETYLENE GAS (carbide
gas) in artificially ripening of fruits (Rule 44
AA).
PROHIBITION ON SALE OF FOOD ARTICLES COATED WITH
MINERAL OIL, except in accordance with the
permitted standards. (Rule 44 AAA and Appendix
B).
RESTRICTION ON SALE OF GHEE having less than
specified Reichert value except under the "AGMARK"
seal. (Rule 46).
PROHIBITION ON SALE OF ADMIXTURES OF GHEE OR
BUTTER or on its use as an ingredient in the
preparation of an article of food. (Rule 46).
Any
food item resembling honey, but not pure honey,
shall not be marked "honey". (Rule
45).
RESTRICTION ON SALE OF KANGRA TEA except only after it is graded and marked in accordance with the
provisions of Agricultural Produce (Grading and
Marketing) Act, 1937 and the Rules made
thereunder. (Rule 44E).
CONDITIONS FOR SALE OF FLAVOURED TEA only by
those manufacturers. Who are registered with Tea
Board and the package bearing the label,
FLAVOURED TEA (Common name of permitted
flavour, percentage and Registration No.). (Rule
44G).
RESTRICTION ON SALE OF COMMON SALT No person
shall, sell or offer or expose for sale or have
in his premises for the purpose of sale, common
salt for direct human consumption unless the
same is iodised. (Rule 44H).
RESTRICTION ON USE AND SALE OF ARTIFICIAL
SWEETENERS except that saccharin sodium can be
added to carbonated water, supari, pan masala
and pan flavouring material within the specified
maximum limit and aspertaine may be sold for
diabetic use under medical advice. (Rule 47).
PROHIBITION ON SALE OF PERMITTED FOOD COLOURS,
i.e. Synthetic colours, or their mixtures or any
preparation of such colours, except under a
licence. (Rule 48A).
PROHIBITION ON SALE OF PERMITTED FOOD ADDITIVES,
except only under the ISI certification marks.
(Rule 48C).
PROHIBITION ON USE OF COUMARIN AND DIHYDRO
COCUMARIN, TANKABEAN (DIPTERYL ADORAT) AND B-ASARANE
AND CINAMYL AUTHRACILATE, as flavouring agents.
Any extraneous addition of flavouring agent
should be mentioned on the label attached to any
package of food so flavoured, in capital letters
in the following manner:
"CONTAINS
ADDED FLAVOUR"
RESTRICTION ON USE OF PRESERVATIVES, Addition of
Class I preservatives i.e. Common Salt, Sugar,
Dextrose, Glucose (syrup), Spices, Vinegar or
acetic acid, honey and edible vegetable oil, in
any food is not restricted, provided that the
food article to which the preservative has been
added conforms to the specifications laid down
in Appendix B.
Class
II preservatives such as Benzoic acid and its
salts, sodium diacetate and sodium, potassium
and calcium salts of lactic acid, etc. can be
used only restrictively. Use of more than one
Class II preservative is prohibited.
CONDITIONS FOR SALE OF A FOOD ARTICLE, Every
utensil or container, used for manufacturing,
preparing or containing any food or ingredients
therefor, and second hand tin containers for
packaging of edible oils and fats, meant for
sale, shall be maintained in a clean and
sanitary condition, away from impure air or
dust, properly covered at all times, and such
utensils or containers shall not be used for any
other purpose. Use of rusty containers,
improperly tinned copper or brass containers,
containers of aluminium or plastic not
conforming to ISI specifications, etc., in
preparation of food, is also prohibited.
Besides, certain special conditions for sale of
certain articles such as asafoetida, salseed
fat, lactic acid, edible oils, katha, margarine,
milk powder, etc. have also been laid down.
With
effect from 22.2.95, on person shall sell
powdered spices except in packed form. No person
shall sell or serve food in any commercial
establishment in plastic articles used in
catering and cutlery, unless the plastic
material used in catering and cutlery articles,
conform to the food grade plastic
PURCHASER
MAY HAVE FOOD ANALYSED
A purchaser of any article of food, or a
recognised consumer association, may also get an
article of food analyzed by the public analyst
on payment of the prescribed fees, provided that
the vendor is informed of this intended action
at the time of purchase. Thereafter, the
purchaser or the consumer associations, have to
follow the same procedure as discussed above in
the case of Food Inspectors. If the article of
food is found to be adulterated, the fees paid
by the purchaser or the association shall be
refunded
OFFENCES
AND PENALTIES
·
Import,
manufacture, storage, sale or distribution of
any food article which is adulterated by
allowing its quality or purity to fall below the
prescribed standard, or is misbranded, or in
contravention of any provision of the Act or
Rules. Penalty is minimum imprisonment of six
months that may extend upto 3 years and minimum
fine of Rs 1000.
·
Import,
manufacture, storage, sale or distribution of
any adulterant not injurious to health. Penalty
is minimum imprisonment of six months that may
extend upto 3 years and minimum fine of Rs 1000
·
Preventing
a Food Inspector from taking a sample or
exercising his powers.Penalty is minimum
imprisonment of six months that may extend upto
3 years and minimum fine of Rs 1000
·
Giving
a false warranty in writing in respect of any
food article. Penalty is minimum imprisonment of
six months that may extend upto 3 years and
minimum fine of Rs 1000
·
Import,
manufacture, storage, sale or distribution of
any food article which is adulterated within the
meaning of any of the sub-clauses(e) to (l) of
section 2(ia); or any adulterant which is
injurious to health. Penalty is minimum
imprisonment of one year that may extend upto 6
years and minimum fine of Rs 2000
·
Sale
or distribution of any food article containing
any poisonous or other ingredient injurious to
health, which is likely to cause death or
grievous bodily harm. Penalty is minimum
imprisonment of three years that may extend upto
life and minimum fine of Rs 5000
|
Address
of FDA Department in Maharashtra
|
| Sr.
No . |
Name
& Address of Division/
District |
Telephone
Numbers /Fax Numbers /email |
| 1. |
Office
of the Commissioner,
Food and Drug Administration,
M.S.,
Survey No. 341, Bandra-Kurla
Complex,
2nd floor, Bandra (East),
MUMBAI-400051 . |
+
91 022 - 26592363-65
+ 91 -022 -26591959
( Fax) fdahq@vnsl.com |
| 2. |
Joint
Commissioner
(Head Quarter.)
Food and Drug Administration,
M.S.,
Survey No. 341, Bandra-Kurla
Complex,
2nd floor, Bandra (East),
MUMBAI-400051 . |
+
91 022 - 26591463
+ 91 022 - 26592363-65
+ 91 -022 -26591463
( Fax)
|
| 3. |
Joint
Commissioner (Food) Food and Drug
Administration, M.S.,
Survey No. 341, Bandra-Kurla
Complex,
2nd floor, Bandra (East),
MUMBAI-400051 . |
+
91 022 - 26592207
+ 91 022 - 26592363-65 |
| 4. |
Joint
Commissioner (Law )
Food and Drug Administration,
M.S.,
Survey No. 341, Bandra-Kurla
Complex,
2nd floor, Bandra (East),
MUMBAI-400051 . |
+
91 022 - 26592975
+ 91 022 - 26592363-65 |
| 5. |
Joint
Commissioner (Vigilance )
Food and Drug Administration,
M.S.,
Survey No. 341, Bandra-Kurla
Complex,
2nd floor, Bandra (East),
MUMBAI-400051 . |
+
91 022 - 26592686
+ 91 022 - 26592363-65 |
| 6. |
Office
of the Joint Commissioner
(Greater Mumbai Division.)
Food and Drug Administration,
M.S.,
Survey No. 341, Bandra-Kurla
Complex,
2nd floor, Bandra (East),
MUMBAI-400051 . |
+
91 022 - 26590686
+ 91 022 - 26592363-65 |
| 7. |
Assistant
Director ,
Drug Control Laboratory (Mumbai)
Survey No. 341, Bandra-Kurla
Complex,
2nd floor, Bandra (East),
MUMBAI-400051 . |
+
91 022 - 26592363-65 |
| 8. |
Office
of the Joint Commissioner
(Kokan Division.)
Food and Drug Administration,
M.S.,
E.S.I.S. Hospital Bldg., 4th
floor, Road No.33,
Wagale Estate,
THANE-400604. |
+
91 022 -
25811988/25821245
+ 91 022 - 25823189(fax) |
| 9. |
Office
of the Joint Commissioner
(Pune Division.)
Food and Drug Administration,
M.S.,
Lucky Bldg., 791/92, New Guruwar
Peth,
PUNE-411028 |
+
91 020 -24470276
+ 91 020 - 24477555 (fax) |
| 10. |
Office
of the Joint Commissioner
(Nashik Division.)
Food and Drug Administration M.S.
Hall No 21 and 23, Udhyog Bhavan,
Tryambakeshwar Road,
NASHIK-422003. |
+
91- 0253 - 2351200 (D) & fax
+ 91- 0253 - 2351201/2
+ 91 0253 -2351204(fax). |
| 11. |
Office
of the Joint Commissioner
(Nagpur Division.)
Food and Drug Administration,
M.S.,
Limbana Compound, 20 Mount Rd.,
Sadar,
NAGPUR-440 001 |
+
91 0712 -2564347/2562204
+ 91 0712 -2555120 (fax) |
| 12. |
Office
of the Joint Commissioner
(Amravati Division.)
Food and Drug Administration,
M.S.,
Amaravati Javade Awar, Mal Tekadi
Road,
Near S.T. Stand,
AMARAVATI-444602. |
+
91 0721 -2663273/2665892/
2665891
+ 91 0721-2663273(fax) |
| 13. |
Joint
Commissioner ( Aurangabad
Division.)
Food and Drug Administration,
M.S.,
Aurangabad, Nath Market, 2nd
floor,
Aurangapura,
AURANGABAD-431001. |
+
91 0240 -2331268/2346810
+ 91 0240 -2331268(fax) |
| 14. |
Assistant
Director ,
Drug Control Laboratory (
Aurangabad )
Aurangabad, Nath Market, 2nd
floor,
Aurangapura,
AURANGABAD-431001. |
+
91 0240 -2331526
+ 91 0240 -2336122(fax) |
| 15. |
Office
of the Assistant Commissioner,
Food and Drug Administration,
M.S.,
Shikshyak Mitra Sahakar Nagar,
Primary 2nd Flr, Shikshyak
Sahakari Patpedi Bldg.,
PEN RAIGAD-402407. |
+
91 02143 -252084 |
| 16. |
Office
of the Assistant Commissioner,
Food and Drug Administration,
M.S.,
855- G, Next to Pawan Swarup
Motor Training School,
Udhyam Nagar,
RATNAGIRI-415639 |
+
91 02352 -222456 |
| 17. |
Office
of the Assistant Commissioner,
Food and Drug Administration,
M.S.,
Administrative Bldg., Block A,
Ground floor,
Oras (Bu),
SINDHUDURG- |
+
91 02362 -228881 |
| 18. |
Office
of the Assistant
Commissioner,
Food and Drug Administration,
M.S.,
City No.764, Plot No.291,
Ist Flr Vasant Market Marg,
2nd Lane West Side
SANGLI-416416. |
+
91 0233 -2672201/2 |
| 19. |
Office
of the Assistant
Commissioner,
Food and Drug Administration,
M.S.,
Administrative Bldg., A
Block, 2nd floor,
Collector Compound,
SOLAPUR |
+
91 0217 -2726572
+ 91 0217 -2721410 |
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