INTRODUCTION –

Food is one of the basic necessities for sustenance of life. Pure,

fresh and healthy diet is most essential for the health of the people. It is
no wonder to say that community health is national wealth.
Adulteration of food-stuffs was so rampant, widespread and
persistent that nothing short of a somewhat drastic remedy in the form of
a comprehensive legislation became the need of the hour. To check this
kind of anti-social evil a concerted and determined onslaught was
launched by the Government by introduction of the Prevention of Food
Adulteration Bill in the Parliament to herald an era of much needed hope
and relief for the consumers at large.
Section 1. Short title, extent and commencement
(1) This Act may be called the Prevention of Food Adulteration Act,
1954.
(2) It extends to the whole of India 1[* * *]
(3) It shall come into force on such date2 as the Central Government
may, by notification in the official Gazette, appoint.

Section 2. Definitions
In this Act unless the context otherwise requires, —
1
[(i) “adulterant” means any material which is or could be employed for
the purpose of adulteration;]
2
[(i-a)] “adulterated”—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 and is to his prejudice, or is not of
the nature, substance or quality, which it purports or is, represented to
be;
(b) If the article contains any other substance which affect, 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;
(e) If the article has been prepared, packed or kept under insanitary
conditions whereby it has become contaminated or injurious to health;
(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;
(k) If the article contains any prohibited preservative or permitted
preservative in excess of’ the prescribed limits;
(m) 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 but which does not render it injurious to
health:
Provided that, where the quality or purity of the article, being a 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 mixed
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 Sec. 4;
(ii) “Committee” means the Central Committee for Food Standards
constituted under Sec. 3;
(iii) “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, bv notification in the
official Gazette, as food for the purposes of this Act;]
(iv) “Manufacture” includes any process incidental or ancillary to the
manufacture of an article of food;]
(v) “Misbranded”-an article of food shall be deemed to be, misbranded-
(a) If it is an imitation of, 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) 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, flavored or coated, powered or polished that the
fact that the article damaged is concealed or if the article is made to
appear better or 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 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 there of 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 of 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;
(h) If the package containing it or the label 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 dietarty
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 accordance with the requirements of this Act or
rules made
(l) “Package” means a box, bottle, gasket, tin, barrel, case, receptacle,
sack, bag, wrapper or other thing in which an article of food is placed or
packed;
Section 4. Central Food Laboratory
1
[(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 consultation with the
Committee, make rules prescribing-
2
[(a) The functions of 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.
Section 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.
Section 7. Prohibitions 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-
(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 or 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]
1
[(vi) Any adulterant.
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 Cl. (iii) of- Cl. (iu) it he stores such food for the
manufacture there from of any article of food for sale.]
Section 9. Food Inspectors
(1) The Central Government or the State Government may, by
notification in the Official Gazette, appoint such persons as it thinks fit,
leaving 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 Sec. 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.
Section 10. Powers of Food Inspectors
(1) 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 of conveying, delivering or
preparing to deliver such article to a purchaser or consignee:
(iii) A 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;
(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: