III.

Consumer Protection and Empowerment – Issues and Challenges under:

The Prevention of Food Adulteration Act 1954

Sumaiyah Fathima

(IInd year BA.LLB. Student, The Central Law College, Salem)

ABSTRACT

It goes without saying that food is one of the basic necessities for healthy existence of life on this earth.
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. In every day to day life, while discharging our necessities we are
getting ourselves into the main frame of a consumer.

Among the variants of consumer distress, one which oppresses most countless millions of our common
man is the ‘abuses’ in consumer goods, rampant adulteration and unabashed substitutes and supplies.
Adulteration is perhaps commonest of all consumer woes. The reasons for this malaise are many
including inflationary pressure, laxity in the enforcement of law, lack of sustained contract between buyer
and seller and above all absence of code of business ethics. A comparative approach to the visualization
of food related laws with special reference to consumer is always valuable and advantageous.

About 35% of the food one eats daily is adulterated. Food is adulterated if its quality is lowered or
affected by the addition of substance which is injurious to health. In order to curb the menace of food
adulteration, Government of India introduced the Prevention of Food Adulteration Act 1954 with
prevention of Food Adulteration Rules 1955. The prevention of food Adulteration Act is the primary law
to herald an era of much needed hope and relief for the consumers at large.

Laws before, existed in a number of States in India for the prevention of adulteration of food- stuffs, but
they lacked uniformity having been passed at different times without mutual consultation between States.
The need for Central legislation for the whole country in this matter has been felt since 1937 when a
Committee appointed by the Central Advisory Board of Health recommended this step. ‘Adulteration of
food-stuffs and other goods’ is now included in the Concurrent List (III) in the Constitution of India. It
has, therefore, become possible for the Central Government to enact all India legislation on this subject.
The Bill replaces all local food adulteration laws where they exist and also applies to those States where
there are no local laws on the subject.
The food products that fail to meet federal or state standards, the Act provides for deterrent punishment of
offenders. Although it is a Central Act, its implementation is carried out by the State Governments and
local bodies in their respective areas. 'Purchaser' and 'recognized consumer associations' can also get food
samples analyzed following the rules contained in the Act. A chain of Food laboratories and four regional
appellate Central Food Laboratories whose report is considered to be final have been established.

This paper aims to examine deeply through the consumer protection and empowerment – issues and
challenges under: The Prevention of Food Adulteration Act 1954.

Keywords: Food Adulteration, Welfare, Legislations, Consumer’s Protection.

______________________________________________________________________________

Introduction

The Act was promulgated by Parliament in 1954 to make provision for the prevention of
adulteration of food, along with the Prevention of Food Adulteration Rules, 1955 which was
incorporated in 1955 as an extension to the Act. Broadly, the PFA Act covers food standards,
general procedures for sampling, analysis of food, powers of authorized officers, nature of
penalties and other parameters related to food. It deals with parameters relating to food additives,
preservative, colouring matters, packing & labeling of foods, prohibition & regulations of sales
etc. Like FPO, amendment in PFA rules are incorporated with the recommendation made by the
Central Committee of Food Standards (CCFS) which has been setup by Central Government
under the Ministry of Health and Family Welfare comprising members from different regions of
the country. The provisions of PFA Act and Rules are implemented by State Government and
local bodies as provided in the rules. Prevention of Food Adulteration Act, 1954 will be repealed
from the date to be notified by the Central Government as per the Food Safety and Standards
Act, 2006. Till that date new standards are specified, the requirement and other provisions of the
PFA Act, 1954 and Rules, 1955 shall continue to be in force as a transitory provision for food
standards.
It is act to make provision for the prevention of adulteration of food. The Prevention of Food
Adulteration Act is a welfare legislation to prevent health hazards by consuming adulterated
food. The mensrea is not an essential ingredient. It is a social evil and the Act prohibits
commission of the offences under the Act. The essential ingredient is sale to the purchaser by the
vendor. It is not material to establish the capacity of the person vis-à-vis the owner of the shop to
prove his authority to sell the adulterated food exposed for sale in the shop. It is enough for
prosecution to establish that the person who sold the adulterated article had sold it to the
purchaser including the Food Inspector and that Food Inspector purchased the same in strict
compliance with the provisions of the Act [5]. The main objective of the Act is to protect the
public from poisonous and harmful foods, to prevent the sale of substandard foods and to protect
the interests of the consumers by eliminating fraudulent practices.

What is Adulteration?

"Adulteration" is a legal term meaning that a food product fails to meet federal or state
standards. Adulteration is an addition of another substance to a food item in order to increase
the quantity of the food item in raw form or prepared form, which may result in the loss of actual
quality of food item.

Objective of the Food Adulteration Act 1956

1) To make provision for the prevention of adulteration of food.

2) Preventing import, manufacture, sale or distribution of adulterated or misbranded food.
3) To prevent all types of food adulterations.

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.
3) It shall come into force on such date as the Central Government may, by notification in
the Official Gazette, appoint.

Definitions:

In this Act unless the context otherwise requires:

[(i)] "adulterant" means any material which is or could be employed for the purpose of
adulteration;

[(ia)] "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
represented to be;

(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 constituent 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 had been prepared, packed or kept under insanitary conditions whereby it has
become contaminated or injurious to health ;

(f) if the article consists wholly or in part of any filthy, putrid, 5***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;

(j) if any coloring matter other than that prescribed in respect thereof is present in the article, or
if the amounts of the prescribed coloring 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;

(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 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 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.

Central Committee for Food Standard

1) It is constituted by the central government

2) Functions: to advice central or state governments on all matters arising out of
administration of this act and also for carrying out other functions
3) Chairman: The Director General of Medical and Health Services, Government of India
4) The total members of the committee is not indicated
5) The committee can frame by-laws, constitute committees and meet as and when required.

Central Food Laboratories

1) Central government has established four well equipped laboratories with experienced
personnel in food analysis at Kolkatta, Gaziabad, Mysore and Pune.
2) Functions:
a. i] Analysis of samples sent by officers of central government
b. ii] Fixation of standards and quality control parameters for food articles; and
c. iii] Collaboration work with state laboratories for analysis and standardization.
3) Many of the State Governments have their own laboratories for food analysis and
standardization
4) The Central Government prescribes procedure, fees to be paid for analysis, pro forma to
be used, etc.

When is Food Misbranded?

An article of food shall be deemed to be misbranded-

 1) 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,
2) if it is falsely stated to be the product of any place or country,
3) if it is sold by a name which belongs to another article of food,
4) 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,
5) if false claims are made for it upon the label or otherwise,
6) 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;
7) 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,
8) 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,
9) 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,
10) 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
11) 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

1) Prohibition of manufacture, sale, etc., of certain article 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 license is prescribed, except in accordance
with the conditions of the license;
(iv) any article of food the sale of which is for the time being prohibited by the food;
(v) any article of food in contravention of any other provision of this act or of any rule made
thereunder; or
(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 clause (iii) or clause (iv) or clause
(v) if he stores such food for the manufacture there from of any article of food for sale.

2) Prohibition of Import of Certain Articles of Food:

No person shall import into India-

(a) Any adulterated food

(b) An misbranded food
(c) Any article of food for the import of which a license is prescribed, except in accordance
with the conditions of the license ; and
(d) Any article of food in contravention of any other provisions of this act or any rule made
thereunder

3) Prohibition on the use of certain expressions like labeling 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).

 
4) Prohibition of 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)

5) Prohibition of use of Acetylene Gas (carbide gas) in artificially ripening of fruits (Rule 44
AA).

6) Prohibition on the sale of food articles coated with mineral oil, except in accordance with the
permitted standards. (Rule 44 AAA and Appendix B).

7) Restriction on sale of ghee having less than specified Reichert value except under the
"AGMARK" seal. (Rule 46)

8) Prohibition on sale of certain 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)

9) Restrictions 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)

10) Conditions for sale of flavored 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).

11) 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 iodized. (Rule 44H).

12) 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)
13) Prohibition on sale of permitted food colours, i.e. Synthetic colours, or their mixtures or any
preparation of such colours, except under a license. (Rule 48A)

14) Prohibition on sale of permitted food additives, except only under the ISI certification marks.
(Rule 48C)

15) Prohibition on the use of coumarin and dihydro cocumarine, tankabean (dipteryl adorat) and
b-asarane and cinamyle 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:

16) 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.

Consumer Protection and Legal Provisions:

Indian government has raise to the call of the time and had laid down several laws that comes to
the rescue of the consumers against the wicked tendencies of trades. Under Indian Penal Code
Sections 272(xii) and 276(xiii) is the most important provision under the IPC that answers the
issue of food adulteration under the penal legislation. The Protection under Dangerous Drugs Act
1930 aims to keep check on the misuse of habit forming drugs such as opium and morphine. The
Protection under Food Adulteration Act 1954 act aims to provide protection to the consumers
from food that is of hazardous nature. It prohibits the manufacturers from selling or storing to
sell or distribute any adulterated food, misbranded food, or selling food without license. Vide the
Monopolies and Restrictive Trade Practices Act, 1969 the M.R.T.P. Act tries to checkmate the
manipulative capacity of monopoly trades in several ways. The commission is given wide
powers to investigate and make orders for modification or cancellation of restrictive trade
agreements, having effect of the increasing of cost of production, distribution and supply of
goods, increasing prices, reducing competition or deteriorating the quality of any goods or
performances of any services. The Consumer Protection Act, 1986 which is the foremost piece of
legislation, the main aim of the act is to provide better protection of the interests of consumers
and for that purpose; it has made several provisions for the establishment of consumer councils
and other authorities for the settlement of consumer disputes.

Below mentioned are some of the rights that are protected and promoted:

(a) Protection against marketing of goods which are hazardous nature.

(b) The right to be conversant about the quality, quantity, potency, and price of goods.

(c) The right to have access to variety of goods at viable prices;

(d) The right to be heard at appropriate forums;

(e) The right to seek redressal and

(f) Right to consumer education.

These objects are aimed to be protected and promoted by the Consumer Protection Councils
established at the Central and State levels. It aims to provide speedy and simple redressal to
consumer disputes. In 2002 this Act is amended and introduced a new definition in Sec.2(O)(o)
i.e. spurious goods and services which means such goods and services which are claimed to be
genuine but they are actually not so. The Food Safety and Standards Act, 2006 ensures the
availability of safe and wholesome food for human consumption. This Act applies to every
undertaking, whether public or private, carrying out any activity, relating to any stage of
manufacture, processing, storage, transportation and distribution of food, whether for profit or
not. Provisions under Constitution of India1950 also aims to protect the rights of consumers
through various articles such as A38, 39, 39-B, 42 and 47, 14, 249, and 261. Unfortunately, even
though the Indian Government has enacted various legislations for the welfare of the consumers,
since they are illiterate, ignorant and are unaware of their rights they are not in a position to fight
with the evil. Apart from these some of the other problems faced by the Indian consumer for
every move in part of their life are high and extraordinary prices of the consumer goods and
services, Strikes and lockouts, malpractices and adulteration of goods and lastly false and
misleading advertisements.

Food adulteration in India seems to be getting deadlier by the day. First we had some
unscrupulous dairy farmers in western Uttar Pradesh inventing synthetic milk a deadly cocktail
of urea, caustic soda and vegetable oil. Then we had reports of fruits, particularly mangoes,
being ripened with calcium carbide and now, there are reports of fish being made to appear fresh
with formalin.

Purchaser May Have Food Analysed

A purchaser of any article of food, or a recognised consumer association, may also get an article
of food analysed 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.

Important Miscellaneous Provisions

1) If any extraneous additions of colouring matter is added, the same should be indicated
on the labels
2) From the labels the blending composition of ingredients should be clear to the customer
3) Sale of kesari gram individually or as an admixture is prohibited
4) Prohibition of use of carbide (acetylene) gas in ripening is prohibited
5) Sale of ghee with Reichert value less than the permitted level
6) Sale of admixture of ghee or butter is prohibited
7) Addition of artificial sweetener should be mentioned on the label
8) Sale of food colours without license prohibited
9) Sale of insect damaged dry fruits and nuts prohibited
 10) Food prepared in rusted containers, chipped enamel containers and untinned
copper/brass utensils are treated as unfit for human consumption
11) Containers not made of plastic material which is not according to the standards are not
to be used
12) Selling salseed fat or any other purpose except for bakery and confectionery is
prohibited
13) Store of insecticides in the same premises where food articles are stored is prohibited
14) Milk powder or condensed milk can be sold only with ISI mark
15) Use of more than one type of preservative is prohibited
16) Crop contaminants beyond certain specified level is treated as adulterant
17) Naturally occurring toxic substances in the food material beyond certain level is
considered as unfit for human consumption
18) No anti-oxidant, emulsifiers and stabilising agent is permitted beyond the prescribed
level
19) No insecticides should be sprayed on the food items
20) Oils can be manufactured only in factories licensed for such purpose.

The preamble of PFA laid emphasis only on provisions for prevention of food adulteration.
FSSA lays emphasis on consolidating the laws related to food and to establish FSSAI for laying
down science based standards for articles of food and to regulate their manufacture, storage,
distribution, sale and import, to ensure availability of safe and wholesome food for human
consumption and for matters connected with them. The new objectives clearly go far beyond the
objectives of PFA. The strict penalties imposed in FSSA may lead to increase in corruption, as
enterprises may resort to unfair practices to avoid these penalties.

The PFA dealt with countless Government ministries handling different food sectors as per
separate orders, like the fruit products order, and other orders related to vegetable oil products,
edible oils packaging, milk and milk products and meat food products, which were issued at
different points of time and were sometimes overlapping and inconsistent. On the other hand, a
unified act like FSSA enables unidirectional compliance. The administrative control of the FSSA
has been assigned to the Ministry of Health and Family Welfare thereby establishing a single
reference point for all matters and eradicating any possibility of multiplicity of orders or the
chance that any coordination problems are caused.

Apart from the harmonization of laws relating to food quality and standards with established
international norms, FSSA aims at regulating food hygiene and safety laws in the country in
order to systematically and scientifically develop the food industry. Thus, the food processing
industry may see FSSA as a mixed blessing but the practical application of this legislation, being
at its nascent stage, will require some time to come into full force.

Different Types of Food Adulteration

Intentional: sand, marble chips, stones, mud, other filth, talc, chalk powder, water, mineral oil.

Incidental: pesticide residues, tin from can, droppings of rodents, larvae in foods.

Metallic Contaminations: arsenic from pesticides, lead from water, mercury from effluent, from
chemical industries, tins from cans.

Packaging Hazzards: polyethylene, polyvinyl chloride and allied compounds are used to
produce flexible packaging material.

Offences and Penalities

1) 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.
2) 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
3) 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
4) 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
 5) 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
6) 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

Criteria for Selection of Food

1) Selection of wholesome non adulterated food is essential for daily life to make sure that
such foods do not cause any health hazard.
2) Although it is not possible to ensure wholesome food only on visual examination when
the toxic contaminants are present in ppm/ppb level. However, visual examination of the
food before purchase makes sure to ensure absence of insects, visual fungus, foreign
matters, etc. Therefore due care taken by the consumer at the time of purchase of food
after thoroughly examining can be of great help.
3) Label declaration on packed food is very important for knowing the ingredients and
nutritional value. It also helps in checking the freshness of the food and the period of best
use.
4) The consumer should avoid taking food from an unhygienic place and food being
prepared under unhygienic conditions. Such types of food may cause various diseases.
5) Consumptions of cut fruits being sold in unhygienic conditions should be avoided. It is
always better to buy certified food from reputed shop.

Standards

I.S.I. Standards

Various committees, including representatives from the government, consumers and industry,
formulate the Indian Standards Institution (ISI). Standards are laid for vegetable and fruit
products, spices and condiments, animal products and processed foods.
The products are checked for quality by the ISI in their own network of testing laboratories at
Delhi, Bombay, Calcutta, Madras, Chandigarh and Patna or in a number of public and private
laboratories recognized by them.

The AGMARK Standard

The AGMARK standard was set up by the Directorate of Marketing and Inspection of the
Government of India by introducing an Agricultural produce Act in 1937. The word ‘AGMARK’
seal ensures quality and purity. A sample AGMARK seal is as below

AGMARK BESAN

SL.NO. B-162002

GRADE-STANDARD

PLACE OF PACKAGING…….

DATE OF PACKAGING……

NET WEIGHT……..

The quality of a product is determined with reference to the size, variety, weight, color, moisture,
fat content and other factors are taken into account. The grades incorporated are grades 1, 2, 3
and 4 or special, good, fair and ordinary.

FSSAI (Food Safety and Standards Authority of India)

It has been established under Food Safety and Standards 2006 which consolidates various acts
and orders that have hitherto handled food related issues in various Ministries and Departments.
FSSAI has been created for laying down science based standards for articles of food and to
regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and
wholesome food for human consumption.

The Standards Ensure:

1) Protection of safety and health

2) Fitness for purpose (performance)
3) Environmental protection
4) Ease of use
5) Quality and reliability
6) Compatibility between products (interoperability)
7) Transparency of product information and labeling
8) Protection from false or misleading claims
9) Fair competition, hence choice among goods and services and competitive pricing
10) Systems of redress, such as complaints handling and processing of claims
11) Consistency in the delivery of services
12) Suitability of products for vulnerable populations (such as children, persons with
disabilities, and the elderly)

Factors Responsible for Consumer Exploitation

1) Low levels of literacy and ignorance

2) Lack of awareness among people in safeguarding their rights

3) Poverty and economic inequality

4) Huge number of middlemen

5) Unethical and false advertisements

6) Adoption of modern technologies to exploit consumers

7) Greed of the consumers. Example: In some cases, people get cheated by the quick rich
schemes of some companies.

8) Insufficient monitoring and regulation by the government agencies

To be a Smart Consumer

1) Be careful in product selection: Search for standardized products: I.S.I., AGMARK,

HALLMARK, B.E.E., FSSAI.
2) Study the details printed on the packets: Contents / Ingredients / nutritional information /
weight / manufacturing date / expiry date / best before etc.
 3) Manufacturing Date: Date of packing of the product, Expiry Date: Date till the
product is safe for use.
4) Carefully see the Terms and Condition of Use / Refund and Replacement Policies /
Warranty / Guarantee conditions.
5) Check goods are in good condition before accepting: Sealed, not tampered/not puffed/not
broken/torn.
6) Don’t pay more than MRP: Maximum Retail Price is the maximum you ought to pay;
Bargaining can also be done on MRP, Penal Provisions are available if a Package is sold
at a price more than MRP, Putting of price sticker to increase the printed price is not
permitted.
7) Always take Receipt: ensure correct amount, name and address of the shop and other
details are mentioned in the receipt.
8) Don’t hesitate to file a complaint at District Forum/State Commission/National
Commission: Complaint can be submitted on a plain paper.
9) No need of Lawyer /Advocate: Any individual consumer/Central Government/ State
Government /Registered V.C.O./Legal Heir of deceased consumer can file a complaint in
the Consumer Fora.
10) Reliefs available to consumer: Replacement / Refund / Removal of defects /
Compensation / Withdrawal/etc.

Consumer Redressal Mechanisms for Adulterated food

1) Contact the company/manufacturer

 According to the Consumer Protection Act, this is a mandatory first step for every consumer.

Check the packaging of the product for the ‘customer care’ number and email id. Call/email and
inform the company of your complaint. This will act as evidence that you had given the company
prior notice before going to the consumer forum and will help in making your case stronger in
the said forum.

2) Get the food sample analyzed under the Food Safety and Standards Act
This direction is not to be explicitly complied with under the Consumer Protection Act. But
under the Food Safety and Standards Act you can get your food analyzed by any of the
designated food analysts. If the sample is in contravention of the provisions of the Act i.e. found
to be adulterated, then the Food Analysts shall forward the report to the Designated Officer to
follow the procedure laid down in section 42 of the FSSA for prosecution, which empowers the
Food Safety Officer to inspect, collect samples and send them to Food Analyst for analysis.

The Designated Officer, after scrutiny of the report of Food Analyst shall decide as to whether
the contravention (if the sample tested is adulterated or not) will be punishable with
imprisonment or fine only. In the case of contravention punishable with imprisonment, he shall
send his recommendations to the Commissioner of Food Safety for sanctioning prosecution.

Thus your complaint will help to ensure action.

3) File a complaint with the consumer protection forum

Even if you find yourself no closer to the solution even after taking the first two steps, you still
have the option to file a complaint in the consumer forum. To do this, you will not need a lawyer
or any other form of legal assistance (though you have the option to do so).

In the forum your responsibility as a consumer is to prove that the product was sub-standard.
Here your previous step to get your food sample analyzed will serve as proof for the same. Also
During the proceedings the question of evidence may arise. Thus It is a good idea to keep all the
related food, bills, invoices, records of telephonic conversations (if possible), email exchanges,
etc. to satisfy the question of reasonable doubt i.e. whether your right to safe food was violated
or not.

Suggestions for Prevention of Adulteration

1) Be Vigilant
Adulteration at any level can be checked under the prevailing rules and regulations. As
adulteration is a heinous crime, it can definitely be treated as a criminal offence. Therefore, the
existing rules under Cr. PC are strong enough to deal with it. The authorities concerned should
have a strong will to implement the rules.

Besides, there is the Consumer Protection Act, 1986. We have a national commission, State
commissions and district consumer protection forums to protect the rights of the consumers. We
have also consumer organisations and resident associations. They all can put their heads together
for ensuring the safety and welfare of the consumers. They can keenly watch the goods that enter
the market, and repugnant verities can be tested in laboratories to assess their quality. These
associations should go ahead with legal proceedings against the producers and sellers of
adulterated goods so that the morale of customers will be ushered in.

2) Stricter Laws Needed

Retail shopkeepers are helpless as adulteration takes place outside the particular States from
where food articles find their way in. Our laws are not adequate enough to check this. The
authorities concerned should impose heavy penalty and confiscate adulterated articles while they
are being smuggled through avoiding check-posts. Consumers' resistance is the best way to stop
poisoning of customers. But our consumer protection councils with their inadequate resources,
manpower and leadership cannot organise an effective State-wide resistance movement.

The Agriculture Department should chalk out a viable project in consultation with the body of
residents' associations, which is the most effective non-governmental agency to implement any
productive activities.

3) Introduce Quality Control

Compulsory quality assurance should be introduced and women's organisations such as

Kudumbasree and Vanithafeds are to be promoted to process and sell pure rice at a low price.
This would help the consumer, producer and the poor women who process paddy and sell rice.
Health authorities, the agricultural department and consumer organisations should take steps to
ensure that no adulterated food item is made available to the consumer.
4) People's Participation

Widespread campaign against the use of adulterated food should be launched to counter this
menace. Consumers are to be taught of the after-effects of adulterated food.

There must be a system to check adulteration with people's participation. Stronger laws have
stronger impact on society. There must be a strict check on the public service system.

5) Simplify Procedures

Apart from stringent laws, procedures to book the culprits should be made simple and easy. A
massive public awareness campaign should be launched to educate the masses about the evils of
adulteration through various media. Officials should be made accountable for any lapses on their
part.

6) Rigorous Punishment

One of the steps to check adulteration is that the address and telephone number of the nearest
food inspection office should be shown on the package. This would help the consumer call or
contact the office if he feels the goods he purchased were adulterated. Here the identity of the
complainant must not be revealed. Punitive measures must be taken against the guilty. Their
business licence should be cancelled immediately.

7) Alert Consumers

Those who adulterate food items need to be brought to book and the responsibility for this rests
with the consumers. Consumers' organisations should create awareness among the masses about
the various methods to identify adulterated food items through media, newspaper and so on.

People hesitate to approach consumer courts either because of negligence or due to some
inherent fear about the very idea of filing a case. This trend should be reversed.

8) Teach the Customer

Public should be taught about the hazards of food adulteration such as loss of money for the
ordinary man for purchasing food and the adverse impact on the health of consumers. Food
inspectors and other authorities who have the power to take action under the food adulteration
Act should inspect the establishments where food is stored for sale. They should educate the
vendors about the harmful effects of the adulteration and the penalty they have to pay.

The general standard of the people will have to be improved thereby adulteration of food will
come down.

9) Meddling with Quality

Consumer forums and health inspectors need to be more transparent and focused with innovative
ideas for the quality commitments of the products offered through reputed outlets. The
enforcement of rules and penalties has to be strictly imposed. The authorities should conduct
regular inspections and raids.

Consumer redressal forums and health inspection departments need to be more accessible both in
cities and rural areas. The quality and grading of labeling and packaging of local products need
to be changed.

State-owned companies have a long way to go to make the masses aware of the need to root out
evils such as adulteration.

10) Blame Laxity

Adulteration of food items is a menace that deserves punishment. The present situation is such
that harmful chemicals are added for preservation. The entire problem is a result of negligence
by the Government and laxity on the part of the food industry to follow established regulations
and guidelines.

More consumer courts need to be set up so that consumer grievances are addressed and erring
multinationals are brought to book. Consumer forums should even consider boycotting of goods
if a particular food company does not adhere to the regulations.
11) Empower Agencies

Food adulteration has become rampant. Even though there are many laboratories in the city for
testing adulterated foods, the problem lies in the fact that even if the product has been found to
be adulterated, by the time the case reaches the court, the law provides an escape route for the
offender. Even if he is convicted, the fine and punishment are so small that it only encourages
him to continue with the crime.

A sure way to tackle this problem is an online consumer grievance cell where the complaints can
be registered for which consumer awareness has to be increased and that should be included in
the school syllabus.

Many agencies such as AGMARK do not have enough power to bring an offender to book. So
various NGOs and other consumer organisations can conduct comparative testing of products,
which though slow and expensive brings in equality, security and transparency to the consumer
environment. But the most important way to tackle the issue is to conduct surprise inspections
frequently and impose severe punishment on the guilty.
REFERENCE

http://lawmin.nic.in/ld/P-ACT/1954/A1954-37.pdf

http://www.oiirj.org/oiirj/sept-oct2012/19.pdf

http://www.medindia.net/indian_health_act/the-prevention-of-food-adulteration-act-1954-
introduction.htm

http://www.vakilno1.com/bareacts/prevfood1954/prevfood.html

http://www.archive.india.gov.in/sectors/health_family/food_prevention.php

http://shodhganga.inflibnet.ac.in/bitstream/10603/57410/15/15_abstract.pdf

The Prevention of Food Adulteration Act & Rules (as on 1.10.2004)

Prevention of Food Adulteration Cases (FAC) including Food Safety & Standards Act, Rules,
Regulations Cases 1972 to 2012(2) (80 bound volumes)

An Exhaustive Commentary on ‘The Prevention of Food Adulteration Act & Rules’ (Central and
States with State Amendments) A Book Review

PREVENTION OF FOOD ADULTERATION, ACT 195

Prevention of Food Adulteration Ineffective Legislation, Economic and political weekly, Vol –
XXII No.3,

Prevention of Food Adulteration Act, 1954.

Legal Crystal: India’s most powerful Law Search Engine

The Hindu newspaper, Saturday, June 5, 2004