Introduction:
Food is the basic necessity of life. Without that, a person cannot sustain. These days adulteration has posed as a very serious and life-threatening image. It is everywhere be it medicines, food, groceries, and where not. Previously also these practices existed but now they have become quite evident.
What does food adulteration mean?
Well, to be very basic and clear. Food adulteration is a procedure of mixing degraded quality and harmful substance to the product to increase its quantity, which depreciates its quality. Adulteration can be located in a variety of food, for instance: vegetables, dals, creams, pastes, etc. Many people who consume these products, experienced declining health. Food poisoning is also one of the outcomes of food adulteration. It has the capability to pull out the essential nutrients from the body of the human being and create hindrance in proper growth and development.
Adulteration of food is defined as “the addition or subtraction of any substance to or from food so that the natural composition and quality of food substance is affected”.[1]Also, the definition of adulterated food is mentioned in the prevention of food adulteration act, 1954. This problem has become quite a huge issue. We have certain laws that help in containing the level of mischief conducted by the people engaged in the market of food adulteration. In India, the body which is responsible for the health of the citizens is the ministry of health and family welfare. It is responsible to provide food with safety measures to the citizens. Along with the responsible parent, we also have certain laws protecting the citizens from such acts.
Historical Existence of this Term
There was no law governing food adulteration. But after the famous case of Donoghue vs. Stevenson[2] or the ginger bottle case. This concept came into existence. Which says that the owner owes a duty of care towards his customer.
Laws Protecting from Food Adulteration: India
The safeguards provided by the government are two major acts:
The Prevention of Food Adulteration Act, 1954
This act provides the guidelines to work towards providing pure and wholesome food to the consumers. This act was amended in 1986, which added stringent punishments for violating the laws mentioned under the act.
Few instances under which the food said to be adulterated under the act:
- Food containing unnatural substance, whose consumption could be hazardous.
- Addition of unnatural substance to food.
- Food packed under unhygienic conditions, making it unhealthy.
- Food containing poisonous substance
- When excessive food colour is added.
Exception: Under section 4(m) of the prevention of food adulteration act, 1954, if any food contains an excessive amount of ingredient to the food, which will not cause any health issues. Such as, the sweet vendor adds more than the required amount of sugar. He will not be punished under the Act.
The Food and Safety Standard Act, 2006
This act asks the consumers to check the ISI standard mark, Agmark sign, FSSAI standard mark, date of packaging, and expiry. If none of the marks exists in the product, then the consumer should avoid purchasing the product. “Adulteration of foodstuff and other goods” is a matter listed in the concurrent list of the constitution of India. So, this act exists in both, centre and state. The objective of this act is to maintain the quality of food products. Few functions of FSSAI as mentioned under the food and security and safety act, 2006 are as follows:
- Lay down certain rules to set the standard of food articles.
- Laying down the procedure for certifying laboratories.
- Providing scientific support to the central government and state governments, to frame rules, in the areas of food safety and nutrition.
- Collecting data regarding food consumption, contaminants in food.
- Identifying the emerging risks in the areas.
- Promoting awareness to the public consumers, panchayats, so that they receive information about food safety and concerns regarding it.
- Arranging training programs for people who are interested in the food business.
Food Adulteration Check: Now the food can be checked from an electronic platform, known as DART (Detect adulteration with rapid test) set by the FSSAI. for example, X has purchased a vegetable, he has a method to check if it is adulterated or not. Which is, he can take cotton and dab it in water, vegetable oil and start rubbing it on the surface of the vegetable. If in the process, the cotton does not change colour, it means it is not adulterated.
Complaining Platform: There are 3 physical platforms and 1 online, where the consumer can complain:
- The shopkeeper from whom the consumer brought the food for consumption.
- Local health authority of district or commissioner of food safety of the state.
- Consumer forum.
- A complaint can also be filed through an online portal called “the advertising standards council of India”.
Punishments: Section 16 of the Prevention of Food Adulteration (PFA) Act, 1954 deals with the penalties a person will suffer if he/she commits any offence under the act.
Indian Penal Code, 1860
Chapter XIV of the code talks about offences affecting public health, safety, etc. Section 272 and 273 lays down that sale of food and drinks after adulteration, which can cause a hazard to health, is an offence with a punishment of, imprisonment extending to 6 months and fine up to Rs. 100, or both.
Consumer Protection Bill, 2018
This bill was passed in Lok Sabha in 2018, it has the same purpose as the consumer protection act, 1986. It protects the consumers from any malpractices conducted by the seller. The revised act has added a few food adulterations laws and provisions for penalties, for selling adulterated goods.
Case Laws
M/S Nestle India Limited vs The Food Safety and Standards[3]
Fact: In this case, the company called nestle, filed a petition against the ban on its world-famous product called “Maggi” noodles, which was imposed on the company by the food authority under FSSAI Act 2006. Due to the presence of a variant called “MSG” and excess lead in the product which made it harmful for human consumption.
Issue: The issue raised in this case were, that selling such products in the market is harmful for human consumption, under the FSSAI Act, 2006.Whether the FSSAI has the authority to impose a ban on the ground of lead found in the product. If FSSAI can decide the standards of the proprietary food?
Judgment: The court held that the food authority has the power to set standards to maintain the quality of the food, under section 92 of the FSSAI act. Although the orders of the authorities were set aside and concerned about the public health, the court ordered the petitioners to get the samples of the product cleared out from 3 laboratories, recognized by NABl, Under the Act. Once the product gets clarified the company will be allowed to sell the product again.
Delhi Administration vs Shri Sharif on 9 January 2007
Facts: In this case, a food inspector, purchased khoya, a product made from milk, from the accused of the purpose of analysis. After the product got analyzed, it was found to be adulterated because samples of vegetable oil were found in it.
Issues: The issue raised was if it is an offence under section 16 of the prevention of food and adulteration act, 1954.
Judgment: The honourable court held that khoya had Vanaspati oil in it, as the reports from the laboratory prove, but it is nowhere stated that Vanaspati oil is not safe for human consumption or is harmful to health. Considering that the accused was discharged of adulteration charges under the prevention of food and adulteration act, 1954.
Conclusion
As the market is expanding, the malpractices are expanding with it. So, to get a hold of it, the government has come up with several laws. As can be concluded from the article, the number of laws is evidence of the weight of the crime, because it is connected to the life of a citizen. The food adulteration laws have been ever evolving according to the conditions and needs as a consumer, all we can do is be aware because there is already so much protection provided by the government. We can only use it if we are aware of it. Hence, it is a responsibility on our side now.
References:
1. Ramesh Sargam, Food adulteration, READER’S BLOG, (Jul. 29, 2020, 11:00 PM), https://timesofindia.indiatimes.com/readersblog/rightpath/food-adulteration-2984/
2. The Prevention of Food Adulteration Act, 1954
3. The Food and Safety Standard Act, 2006
4. Indian penal code, 1860
5. Consumer Protection Bill, 2018
6. Gaurav Dani, consumer protection bill 2018: all you need to know, BUSINESS TODAY (Jul. 29, 2020, 12:00 pm) https://www.businesstoday.in/opinion/columns/consumer-protection-bill-2018–all-you-need-to-know/story/309278.html
[1] Punishment for Food Adulteration- FSSAI, India Filings, https://www.indiafilings.com/learn/punishment-food-adulteration-fssai/
[2] [1932] UKHL 100, [1932] A.C. 562
[3] Writ Petition No. 1688 Of 2015
M/s. Nestle India Limited v. The Food Safety and Standards Authority of India & Others
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