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The Prevention of Food Adulteration is a critical legal framework aimed at ensuring
the purity, safety, and quality of food for human consumption. In India, the Food
Safety and Standards Act, 2006 (FSSA) is the primary legislation regulating food
safety and addressing food adulteration.
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Key Provisions of the Food Safety and Standards Act, 2006
Objective:
To consolidate food laws, establish the Food Safety and Standards Authority of
India (FSSAI), and regulate the manufacture, storage, distribution, sale, and
import of food to ensure its safety.
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Key Sections and Provisions:
1. Establishment of FSSAI:
Section 4: Establishes the Food Safety and Standards Authority of India (FSSAI) to
oversee food safety standards.
2. Definition of Adulterated Food:
Section 3(1)(j): Food is considered adulterated if:
It contains harmful substances.
It has been processed or stored under unhygienic conditions.
It is misbranded or bears false labels.
3. Prohibition of Adulteration:
Section 26: No person shall manufacture, distribute, sell, or import any food that
is unsafe, misbranded, or sub-standard.
4. Licensing and Registration:
Section 31: Requires all food business operators to obtain a license or
registration with FSSAI.
Ensures traceability and accountability in the food supply chain.
5. Inspection and Sampling:
Section 38: Food Safety Officers (FSOs) are empowered to inspect premises, take
food samples, and send them for testing.
6. Food Testing:
Section 43: Establishes food laboratories for testing and analysis of samples.
Laboratories must be accredited by FSSAI.
7. Penalties for Adulteration:
Section 50: Penalty for selling sub-standard food – up to ₹5 lakh.
Section 51: Penalty for misbranded food – up to ₹3 lakh.
Section 59: Severe punishment for unsafe food leading to injury or death:
Injury: Up to 6 years of imprisonment and a fine of ₹5 lakh.
Death: Life imprisonment and a fine of ₹10 lakh.
8. Consumer Protection:
Section 40: Consumers can report suspected adulterated food to FSOs, who are
obligated to act.
9. Recall of Food Products:
Section 28: FSSAI can direct manufacturers to recall unsafe food from the market.
10. Offenses and Penalties:
Section 48-67: Comprehensive provisions for penalizing violations, including
misbranding, contamination, and adulteration.
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Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011
This regulation supplements the FSSA by:
1. Listing banned substances like synthetic coloring, non-permitted preservatives,
and harmful chemicals in food.
2. Restricting the use of certain additives in specific food categories.
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Consumer Awareness and Protection
The Act promotes:
1. Labeling requirements to ensure accurate information on packaged food.
2. Public awareness campaigns about food safety and hygiene.
3. Grievance redressal mechanisms for consumers.
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Penalties for Common Offenses
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Role of FSSAI
1. Standardization: Sets food safety standards.
2. Monitoring: Regular inspections and audits of food businesses.
3. Certification: Provides licenses and certifications to food businesses.
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International Frameworks
Codex Alimentarius: International standards for food safety adopted by FSSAI.
World Health Organization (WHO): Guidelines for combating foodborne illnesses.
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Practical Importance
1. Protects public health by preventing adulterated or contaminated food from
reaching consumers.
2. Enhances accountability in the food industry.
3. Promotes fair trade practices and consumer confidence in food safety.
Would you like to explore specific rules or landmark cases related to food
adulteration?
