THE PREVENTION OF FOOD ADULTERATION ACT, 1954

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.
Definitions
"adulterant" means any material which is or could be employed for the purpose of
adulteration;
“Manufacture’ means any process incidental or ancillary to the manufacture of an article
of 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 flavoring matter or condiments, and
(c) any other article which the Central Government may notify through the
official Gazette as food.

"package" means a box, bottle, casket, tin, barrel, case, receptacle, sack, bag, wrapper,
or other thing in which article of food is placed or packed;

"premises" include any shop, stall or place where any article of food is sold or
manufactured or stored for sale;

"primary food" means any article of food, being a produce of agriculture or horticulture
in its natural form

" Food (Health) Authority" means the Director of Medical and Health Services or the
Chief Officer in charge of Health administration in a State and includes any officer
empowered by the Central Government or the State Government, by notification in the
Official Gazette.

" local area" means any area, whether urban or rural declared by the Central
Government or the State Government by notification in the Official Gazette.

"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; any other local area, such authority
as may be prescribed by the Central Government or the State Government under
this Act;
"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.

“sale" 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;

"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.

CENTRAL COMMITTEE FOR FOOD STANDARDS AND CENTRAL FOOD

LABORATORY
The Central Committee for Food Standards:- (1) The Central Government shall
constitute a committee called the Central Committee for Food standards to advise the
Central Government and the State Governments on matters arising out of the
administration of this Act and to carry out the other functions assigned to it under this
Act.
(2) The committee shall consist of the following members, namely:-
(a) The Director General, Health Services ex-officio, who shall be the
chairman;
(b) The Director of the Central Food Laboratory, or, in a case where more than
one Central Food Laboratory is established, the Directors of such Laboratories,
ex-officio;
(c) two experts nominated by the Central Government ;
(d) one representative each of the Departments of Food and Agriculture in the
Central Ministry of Food and Agriculture and one representative each of the
Central Ministries of Commerce, Defence, Industry and Supply and Railways,
nominated by the Central Government;
(e) one representative each nominated by the Government of each State;
(f) two representatives nominated by the Central Government to represent the
Union territories;
(g) one representative each nominated by the Central government to
represent the agricultural, commercial and industrial interests;
(gg) five representatives nominated by the Central Government to represent the
consumers interest, one of whom shall be from the hotel industry;
(h) one representative of the medical profession nominated by the Indian Council
of Medical Research;
(i) one representative nominated by the Indian Standards Institution.

Appointment of Secretary and other staff:-

(1) The Central Government shall appoint a Secretary to the Committee who shall, under
the control and direction of the Committee, exercise such powers and perform such duties
as may be prescribed or as may be delegated to him by the Committee.
(2) The Central Government shall provide the Committee with such clerical and other
staff as that Government considers necessary.

Central Food Laboratory:-

(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:
(2) The Central Government may, after consultation with the Committee, make rules
prescribing:-
(a) the functions of a 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.
The members of the Committee referred to in clauses (c), (d), (e), (f), (g), (gg), (h) shall,
unless their seats become vacant earlier by resignation, death or otherwise, be entitled to
hold office for three years and shall be eligible for renomination. The functions of the
Committee may be exercised notwithstanding any vacancy therein. The Committee may
appoint such and so many sub-committees as it deems fit and may appoint to them
persons who are not members of the Committee to exercise such powers and perform
such duties as may, subject to such conditions, if any, as the Committee may impose, be
delegated to them by the Committee.

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 license is prescribed, except in
accordance with the conditions of the license; and
(iv) any article of food in contravention of any other provision of this Act or of any rule
made thereunder.

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:-
(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
(Health) Authority 1[in the interest of public health;
(v) any article of food in contravention of any other provision of this Act or of any rule
made thereunder,
(vi)any adulterant]

ANALYSIS OF FOOD
Public Analysts:- The Central Government or the State Government 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.

Food Inspectors:- (1) The Central Government or the State Government may, by
notification in the official Gazette, appoint such persons as it thinks fit, having 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
section 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.

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;
(c) with the previous approval of the Local (Health) Authority having jurisdiction
in the local area concerned, or with the previous approval of the Food (Health)
Authority, to prohibit the sale of any article of food in the interest of public
health.
(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.
(3) Where any sample is taken, its cost calculated at the rate at which the article is usually
sold to the public shall be paid to the person from whom it is taken.
(4) If any article intended for food appears to any food inspector to be adulterated or
misbranded, he may seize and carry away or keep in the safe custody of the vendor such
article in order that it may be dealt with as hereinafter provided,
(5) The power conferred by this section includes power to break open any package in
which any article of food may be contained or to break open the door of any premises
where any article of food may be kept for sale:
(6)Any adulterant found in the possession of a manufacturer or distributor of, or dealer in,
any article of food or in any of the premises occupied by him as such and for the
possession of which he is unable to account to the satisfaction of the food inspector and
any books of account or other documents found in his possession or control and which
would be useful for, or relevant to, any investigation or proceeding under this Act, may
be seized by the food inspector.
(7) Where the food inspector takes any action he shall call one or more persons to be
present at the time when such action is taken and take his or their signatures.
(8) Any food inspector may exercise the powers of a police officer for the purpose of this
Act.
(9) Any food inspector exercising powers under this Act or under the rules made
thereunder who:-
(a) vexatiously and without any reasonable grounds of suspicion seizes any article
of food or adulterant; or
(b) commits any other act to the injury of any person without having reason to
believe that such act is necessary for the execution of his duty; shall be guilty of
an offense under this Act and shall be punishable for such offence with fine
which shall not be less than five hundred rupees but which may extend to one
thousand rupees

Procedure to be followed by Food Inspectors:-

(1) When a food inspector takes a sample of food for analysis, he shall:-
(a) give notice in writing, then and there, of his intention to have it so analyzed to
the person from whom he has taken the sample and to the person, if any, whose
name, address and other particulars have been disclosed.
(b) except in special cases provided by rules under this Act, divide the sample,
then and there, into three parts and mark and seal or fasten up each part in such a
manner as its nature permits and take the signature or thumb impression of the
person from whom the sample has been taken in such place and in such manner as
may be prescribed;
Provided that where such person refuses to sign or put his thumb impression, the
food inspector shall call upon one or more witnesses and take his or their
signatures or thumb impressions, as the case may be, in lieu of the signature or
thumb impression of such person;
(c) (i) send one of the parts for analysis to the public analyst under intimation to
the Local (Health) Authority; and (ii) send the remaining two parts to the Local
(Health) Authority.

(2) Where the part of the sample sent to the public analyst under sub-clause (i) of clause
(c) of sub-section (1) is lost or damaged, the Local (Health) Authority shall, on a
requisition made to it by the public analyst or the food inspector, dispatch one of the parts
of the sample sent to it to the public analyst for analysis.
(3) When a sample of any article of food or adulterant is taken the food inspector shall,
by the immediately succeeding working day, send a sample of the article of food or
adulterant or both, as the case may be in accordance with the rules prescribed for
sampling to the public analyst for the local area concerned.
(4) An article of food seized, unless destroyed and any adulterant seized shall be
produced before a magistrate as soon as possible and in any case not later than seven days
after the receipt of the report of the public analyst;
(5) If it appears to the magistrate on taking such evidence as he may deem necessary:-
(a) that the article of food produced before him is adulterated or misbranded, he may
order it-
(i) to be forfeited to the Central Government, the State Government or the
local authority, as the case may be; or
(ii) to be destroyed at the cost of the owner or the person from whom it was seized
so as to prevent its being used as human food; or
(iii)to be so disposed of as to prevent its being exposed for sale or used for food
under its deceptive name; or
(iv)to be returned to the owner, on his executing a bond with or without sureties,
for being sold under its appropriate name or where the magistrate is satisfied that
the article of food is capable of being made to conform to prescribed standards for
human consumption after reprocessing, for being sold after reprocessing under the
supervision of such officer as may by specified in the order:
(b) that the adulterant seized and produced before him is apparently of a kind which may
be employed for purposes of adulteration and for the possession of which the
manufacturer, distributor or dealer, as the case may be, is unable to account satisfactorily,
he may order it to be forfeited to the Central Government, the State Government or the
local authority, as the case may be.

(6)If it appears to the magistrate that any such:-

(a) article of food is not adulterated; or
(b) adulterant which is purported to be an adulterant is not an adulterant, the
person from whose possession the article of food or adulterant was taken, shall be
entitled to have it restored to him and it shall be in the discretion of the magistrate
to award such person from such fund as the State Government may direct in this
behalf, such compensation, not exceeding the actual loss which he has sustained
as the magistrate may think proper.

Purchaser may have food analyzed:- Nothing contained in this Act shall be held to
prevent a purchaser of any article of food other than a food inspector or a recognized
consumer association, whether the purchaser is a member of that association or not, from
having such article analyzed by the public analyst on payment of such fees as may be
prescribed and from receiving from the public analyst a report of his analysis;

Report of public analyst:-

(1) The public analyst shall deliver, in such form as may be prescribed, a report to the
Local (Health) Authority of the result of the analysis of any article of food submitted to
him for analysis.
(2) On receipt of the report of the result of the analysis to the effect that the article of
food is adulterated, the Local (Health) Authority shall, after the institution of prosecution
against the person from whom the sample of the article of food was taken and the person,
if any, whose name, address and particulars have been disclosed forward, in such manner
as may be prescribed, a copy of the report of the result of the analysis to such person or
persons, as the case may be, informing such person or persons that if it is so desired,
either or both of them may make an application to the court within a period of ten days
from the date of receipt of the copy of the report to get the sample of the article of food
kept by the Local (Health) Authority analyzed by the Central Food Laboratory.
When an application is made to the court, the court shall require the Local (Health)
Authority to forward the part or parts of the sample kept by the said Authority and upon
such requisition being made, the said Authority shall forward the part or parts of the
sample to the court within a period of five days from the date of receipt of such
requisition. On receipt of the part or parts of the sample from the Local (Health)
Authority, the court shall first ascertain that the mark and seal or fastening are intact and
the signature or thumb impression, as the case may be, is not tampered with, and despatch
the part or, as the case may be, one of the parts of the sample under its own seal to the
Director of the Central Food Laboratory who shall thereupon send a certificate to the
court in the prescribed form within one month from the date of receipt of the part of the
sample specifying the result of the analysis.
(3) The certificate issued by the Director of the Central Food Laboratory shall supersede
the report given by the public analyst.
(4) Where a certificate obtained from the Director of the Central Food Laboratory is
produced in any proceeding it shall not be necessary in such proceeding to produce any
part of the sample of food taken for analysis.
(5) Any document purporting to be a report signed by a public analyst unless it has been
superseded, or any document purporting to be a certificate signed by the Director of the
Central Food Laboratory may be used as evidence of the facts stated therein in any
proceeding under this Act

THE CENTRAL FOOD LABORATORY

Functions:- In addition to the functions entrusted to the Laboratory by the Act, the
Laboratory shall carry out the following functions, namely:-
(a) analysis of samples of food sent by any officer or authority authorized by the
Central Government for the purpose and submission of the certificate of analysis
to the authorities concerned.
(b) investigations for the purpose of fixation of standard of any article of food.
(c) investigation, in collaboration with the laboratories of Public Analysts in the
various States and such other laboratories and institutions which the Central
Government may approve in his behalf for the purpose of standardizing methods
of analysis.
Warranty:- Every manufacturer, distributor or dealer selling an article of food to a
vendor shall give either separately or in the bill, cash memo or a warranty in Form

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
(harmful) substance which renders its contents injurious to health;
i. if the article contains any prohibited coloring matter or preservative, or any
permitted coloring 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 colored, flavored, 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 flavoring, coloring 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 labelled in accordance with the requirements of this Act and the
Rules made thereunder.