Introduction-

Adulteration is the fraudulent addition to any substance of another, for the sake of increased sale
or profit. The oxford dictionary defines it as making some substance impure by adding any
impurities or removing a vital component. It means the reduction in quality of the food
substances either by addition of foreign substances. A substance added to a food-item to reduce
its quality in order to increase its quantity is called as an adulterant. For eg., Mustard is
invariably adulterated with flour or argemone seed; Pepper is largely adulterated with meal or
starch, gypsum, and dirt of any kind, to give bulk and weight etc. The Prevention of Food
Adulteration Act, 1954 takes cognizance of evil of adulteration in India.

History of the Act-

Food adulteration was initially dealt with under IPC,1860, Sec 269 to 275. The Code has
distinguished such acts into four categories. viz. (i) spreading of infections (Sec.269 to 271); (ii)
Adulteration of Food, drink and drugs (Sec.272 to 276) (iii) Fouling of water (Sec.277) and (iv)
making atmosphere noxious to health (Sec.273).
However, post independence, in order to bring uniformity in all the laws of States, a consolidated
Act was passed by Parliament after placing the subject in the concurrent list of Constitution of
India. The degree of the menace by the time of enactment and inadequacy of the law had) been
felt by the legislatures.
The Prevention of Food Adulteration Act, 1954 (Act 37 on of 1954 came into force on 1st June,
1955.

Aims and Objectives of the Act-

The primary object of the legislation is to protect the health and safety of the people and
eradicate the evil of adulteration.
The object of the Act is not to ‘punish’ but to ‘prevent’ adulteration and raise branding of foods
as provided therein.
The provisions of the law are directed for the purpose of securing purity of food and to inform
purchasers of what they are buying and they must be construed to effect such purpose. To
achieve such an object, the Act has provided adequate punishment to food adultetrators and
made the obligations widely comprehensive and has attempted to make it impossible for them to
escape liability.
In Municipal Corporation of Delhi v. Surja Ram, the object of the Act was explained as follows:
The object and the purpose of the Act are to eliminate the dangers to human life from sale of
unwholesome article of food...it is enacted to curb the widespread evil of food adulteration and is
legislative measure for social defense. It is intended to suppress a socio-economic mischief, an
evil that attempts to poison, for monetary gains, a very source of substance of life and well being
of the community.
The Supreme Court of India in Municipal Corporation of Delhi V Kacheroomal (1976), observed
that the Prevention of Food Adulteration Act, 1954 was enacted to curb and remedy the wide
spread evil of food adulteration, and to ensure the sale of wholesome food to the people. It was
further observed that wherever possible, without unreasonable stretching or straining the
language of such a statute should be construed in a manner which would (a) suppress the
mischief; (b) advance the remedy; (c) promote its object (d) prevent its subtle evasion; and (e)
foil its artful circumvention.

When is an article of food deemed to be adulterated?

A food article is deemed to be adulterated if-

1. 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;
2. if the article contains any substance affecting its quality or of it is so processed as to
injuriously affect its nature, substance or quality;
3. 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;
4. if the article had been prepared, packed or kept under insanitary conditions whereby it
has become contaminated or injurious to health;
 5. 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;
6. if the article is obtained from a diseased animal;
7. if the article contains any poisonous or other ingredient which is injurious to health;
8. if the container of the article is composed of any poisonous or deleterious substance
which renders its contents injurious to health;
9. if the article contains any prohibited colouring matter or preservative, or any permitted
colouring matter or preservative in excess of the prescribed limits;
10. 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 food articles are be deemed as 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,( 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)
11. if it is not labelled in accordance with the requirements of this Act and the Rules made
thereunder.

Prohibitions under the Act-

No person shall manufacture, store, sell or distribute

a) any adulterated food,

b) any misbranded food,
c) food articles to be sold under licence without fulfilling the conditions of the licence,
d) any food article the sale of which is prohibited by the Food (Health) Authority in the
interest of public health,
e) any food article in contravention of any other provision of the Act or the Rules, (see
‘Conditions for Sale’) or
f) any adulterant.
 Food Inspector

Appointment- Food Inspector is appointed by the Central Government or State Government for
Local Areas identified.

Qualification-

(a) A medical officer in-charge of Health Administration of Local Area or

(b) A graduate in medicine with a minimum of one month training in inspection of food
sampling work in an institution approved by Central Government or State Government or

(c) A graduate in science with chemistry/agriculture/pharmacy/ veterinary science/food

technology/dairy technology/public health/diploma holder in food or dairy technology or
equivalent qualification and a minimum of 3 months satisfactory practical training in inspection
of food and training approved by Central Government or State Government.

Duties of Food Inspectors-

1. To inspect establishment for licence for manufacture, storage or sale of food article and
satisfy that the conditions and provisions of the Act are complied with
2. To make enquiries on receipt of complaints about the quality of food and conduct
inspection accordingly.
3. To procure the sample of food and send to public analyst as and when required.
4. To investigate into matters of specific complaints given in writing.
5. To maintain the records of inspection properly and keep inform higher authorities about
inspection.

Powers of Food Inspectors

• The food inspector can prohibit sale of food article in public interest for a specific period,

• can also stop the vehicles carrying adulterated or misbranded food,

• seize the samples of food articles prepared in contravention with the provisions of the Act,

• enter the premises within the reasonable time of business and seize the sample or
• break open any package containing adulterated or misbranded food.

The constitutionality of the powers vested in the food inspector was challenged in S.Narasinqa
Rao V State of Andhra Pradesh (1964) on the ground of arbitrariness which is being abused
imperiling the trade and business in as much as restrictions of defences under section 19 of the
Act are discriminatory. The contention was rejected on the face of various safeguards provided
for the accused including penalty on Food Inspector for vexatious and unreasonable
prosecutions, or unwarranted actions injuring the person.