The Prevention of Food Adulteration Act & Rules (As on 1.10.2004)
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The Prevention of Food Adulteration Act & Rules (as on 1.10.2004) CONTENTS MISCELLANEOUS SECTION PAGE 14. Manufacturers, distributors and dealers to give PRELIMINARY warranty 35 14-A Vendor to disclose the name, etc, of the person from SECTION PAGE whom the article of food was purchased 36 1. Short title, extent and commencement 1 15. Notification of food poisoning 36 2. Definitions 1 16. Penalties 36 2-A Rule of construction 10 16-A Power of Court to try cases summarily 39 17. Offences by companies 43 CENTRAL COMMITTEE FOR FOOD STANDARDS AND CENTRAL FOOD LABORATORY 18. Forfeiture of property 45 19. Defences which may or may not be allowed in 3. The Cental Committee for Food Standards 12 prosecutions under this Act 46 3-A Appointement of Secretary and other staff 14 20. Cognizance and trial of offences 47 4. Central Food Laboratory 14 20-A Power of Court to implead manufacturer, etc. 53 GENERAL PROVISIONS AS TO FOOD 20-AA Application of the Probation of Offenders Act, 1958 and Section 360 of the Code of Criminal 5. Prohibition of import of certain articles of food 14 Procedure 1973. 54 6. Application of law relating to sea customs and 21. Magistrates power to impose enhanced penalties 54 powers of Customs Officers 15 22. Protection of action taken in good faith 54 7. Prohibiton of manufacture, sale etc., of certain 22-A Power of Central Government to give directions 54 articles of food 15 23. Power of Central Government to make rules 55 ANALYSIS OF FOOD 24. Power of the State Government to make rules 58 8. Public Analysts 18 25. Repeal and saving 59 9. Food Inspectors 19 THE PREVENTION OF FOOD ADULTERATION RULES, 1955 10. Powers of Food Inspectors 19 Part I 11. Procedure to be followed by Food Inspectors 23 PRELIMINARY 12. Purchaser may have food analysed 28 RULE PAGE 13. Report of public analyst 29 1. Short title, extent and commencement 60 2. Definitions 60 v vi Part II Part V THE CENTRAL FOOD LABORATORY SEALING, FASTENING AND DESPATCH OF SAMPLES 3. Functions 61 14. Manner of sending samples for analysis 75 4. Analysis of food samples 65 15. Bottles or containers to be labelled and addressed 76 Part III 16. Manner of packing and sealing the samples 76 17. Manner of despatching containers of samples 77 DEFINITIONS AND STANDARDS OF QUALITY 18. Memorandum and impression of seal to be sent 5. Definition and standards of quality 66 & separately 78 Appendix B Part IV 19. Addition of preservatives to samples 78 PUBLIC ANALYSTS AND FOOD INSPECTORS 20. Preservative in respect of milk, cream, dahi, 6. Qualifications of Public Analyst 66 Khoa, Khoa based and paneer based sweets such as Kalakund and barfi, chutney and prepared 7. Duties of Public Analyst 68 foods, gur, prepared coffee and prepared tea. 79 8. Qualification of Food Inspector 69 21. Nature and quantity of the perservative to be 9. Duties of Food Inspector 70 noted on the label 79 9-A Sending of Sample by Local (Health) Authority 72 22. Quantity of sample to be sent to the Public Analyst 79 9-B Local (Health) authority to send report to person concerned 72 22-A Contents of one or more similar sealed containers having identical labels to constitute 10. Forms of order not to dispose of stock and the quantity of food sample 81 of bond 73 22-B Quantity of samples sent to be considered as 11. Forms of receipt for food seized by a Food sufficient 82 Inspector 73 22-C Quantity of samples of food packaging material 12. Notice of intention to take sample for analysis 73 to be sent to be public analyst 82 12-A Warranty 74 Part VI 12-B Form of nomination of Director or Manager and COLOURING MATTER his consent, under Section 17 74 23. Unauthorised addition of colouring matter 12-C Vendor to disclose name and address of Director/ prohibited 82 Manager in certain circumstances 74 24. Extraneous addition of colouring matter to be 13. Power of Food Inspector to deal with carrier mentioned on the label 82 of disease handling food 74 25. Use of caramel permitted (deleted, w.e.f. 25.12.2004) 83 vii viii 26. Natural colouring matters which may be used 83 42. Form of labels : 27. Addition of inorganic matters and pigments (A) Coffee-chicory Mixture 104 prohibited 83 (B) Condensed Milk or Dessicated (dried) Milk 105 28. Synthetic food colours which may be used 84 (C) Fluid Milk 108 28-A. Use of lake colour as colourant in foods 84 (D) Ice-cream 108 29. Use of permitted synthetic food colours prohibited 84 (E) Hingra 109 30. Maximum limit of permitted synthetic food colours85 (F) Lighr Black Pepper 109 31. Colours to be pure 85 Part VII (G) Cassia Bark (TAJ) 109 PACKING AND LABELLING OF FOOD (GG) Cinnamon (Dalchini) 109 32. Package of food to carry a label 85 (H) Chillies containing edible oil 109 32-A Nutritional Food 96 (I) Omitted 109 33. Language of the particulars or declaration on (J) Ice-Cream, Kulfi or Kulfa etc. 109 the label 96 (K) Omitted 34. Declaration to be surrounded by line 96 35. Distance of surrounding line 97 (L) Masala 109 36. Principal display panel, its area, size and letter etc. 97 (M) Compounded Asafoetida 110 37. Labels not to contain false or misleading (N) Maida treated with improver/bleaching agents 110 statements 99 (O) Admixture of palmolein with groundnut oil 110 37-A Manufacture of proprietary foods and infant foods100 (P) Imported rapeseed oil mixed with mustard oil 110 37-B Labelling of infant milk substitute and infant food100 (Q) Synthetic food colour preparation and mixture 110 37-C Labelling of irradiated food 102 (R) Malted milk food containg permitted natural 37-D Labelling of edible oils and fats 103 colouring matter 110 38. Labels not to contain reference to Act or Rules (S) Foods containing Monosodium Glutamate 111 contradictory to required particulars 103 (T) Refined salseed fat for use in bakery 111 39. Labels not to use words implying recommendations by medical profession 103 (U) Omitted 111 40. Unauthorised use of words showing imitation (V) Package of table iodised salt/Iron fortified prohibited 103 common salt containing anticaking agent 111 41. Imitations not to be marked “pure” 104 (VV) Iron fortified common salt 111 ix x (W) Refined vegetable oil 112 (17) Veg. Foods 116 (X) Dried Glucose syrup 112 (18) Package containing added Caffeine 116 (Y) Deleted 112 43. Notice of addition, admixture or deficiency (YY) Tea with added flavour 112 in food 117 (Z) Annato colour in veg. oil 112 43-A Restriction on Advertisement 118 (ZZ) Admixture of edible oils 112 Part VIII (ZZZ) Chewing tobacco 113 PROHIBITION AND REGULATIONS OF SALES ZZZ(1) Foods containing artificial sweetener 113 44. Sale of certain admixtures prohibited 118 ZZZ(1) (A) Label of foods and advertisements etc. 44-A Sale of kesari gram prohibited 121 containing artificial sweetener 113 44-AA Prohibition of use of carbide gas in ripening ZZZ(1)(B) Size of letter of declaration etc. of artificial of fruits 122 sweetener in foods 113 (2) Aspertame artificial sweetener 113 44-AAA Prohibition of use of mineral oil 123 (3) Package of Pan Masala 114 44-B Restriction on sale of ghee having less Reichert (4) Package of Vanaspati containing Rice value than that specified for the area where bran oil 114 such ghee is sold 123 (5) Package of Fat-Spread 114 44-C Restriction on sale of Til oil produced in Tripura (6) Package of Supari 114 Assam and West Bengal 123 (7) Package of Irradiated Food 114 44-D Restriction on sale of Carbia callosa and (8) Package of fruit squash containing Honeydew 124 additional Sod. or Pot. salt 114 44-E Restriction on sale of Kangra tea 124 (9) Cheese-surface treated with Netamycin 115 44-F Restriction on sale of Irradiated Food 124 (10) Margarine for Bakery & Industrial use 115 44-G Condition for sale of Flavoured Tea 124 (11) Omitted 115 (12) Mixture of Aspertame (Methyl Ester) 44-H Restriction on sale of Common salt (ommited) 124 and Acesulfame Potassium Sweeteners 115 45. Food resembling but not pure honey not (13) Flavour emulsion and flavour paste 115 to be marked honey 124 (14) Packaged Drinking Water 115 46. Sale or use for sale of admixture of ghee or (15) Natural Mineral Water 116 butter prohibited 124 (16) Non-Veg Foods 116 47. Restriction on the use and sale of artificial sweetener 125 xi xii 48. Use of flesh of naturally dead animals or Part XI fowls prohibited 128 POISONOUS METALS 48-A Sale of permitted foods colours 129 57. Poisonous metals 147 48-B Sale of insect-damaged dry fruit and nuts 130 Part XIA 48-C Sale of food additives 130 CROP CONTAMINANTS AND NATURALLY 48-D Storage and sale of Irradiated Food 131 OCCURING TOXIC SUBSTANCES 48-E Sale of Fresh Fruits and Vegitables 131 57-A Crop Contaminats 153 Part IX 57-B Naturally occurring Toxic substances 153 CONDITIONS FOR SALE AND LICENCE Part XII ANTI-OXIDANTS, EMULSIFYING AND STABILISING 49. Conditions for sale 131 AND ANTICAKING AGENTS 50. Coditions for Licence 136 58. Definition of anti-oxidants 154 51. Duration of Licences 139 59. Restriction on use of anti-oxidant 154 51-A Procedure for issue of licence in certain local areas 139 59-A Use of anti-oxidants in vitamin D preparation 155 Part X 60. Definition of emulsifying and stabilising agents 155 PERSERVATIVES 61. Restriction on use of emulsifying and stabilising 52.