Documente Academic
Documente Profesional
Documente Cultură
FOOD
Submitted By:
Shivani Chaturvedi
Roll no 1240
BA, LL.B
Semester V
Submitted To:
Ms. Gunjan Chawla
TABLE OF CONTENTS
acknowledgement.......................................................................................................................3
introduction................................................................................................................................4
what is food adulteration?......................................................................................................5
the agriculture produce (grading and marking) Act, 1937.........................................................6
prevention of food adulteration act, 1954..................................................................................7
essential commodities act. 1955.................................................................................................8
Fruit Products Order, 1955.....................................................................................................9
The Solvent Extracted Oil, De-Oiled Meal and Edible Flour ( Control) Order, 1967.........10
Meat food products order, 1973...........................................................................................10
Milk & Milk Products Order, 1992 (MMPO)......................................................................10
food safety and standards act, 2006.........................................................................................11
Benefits of Food Safety and Standards Act..........................................................................13
Loop Holes in the Food Safety and Standards Act..............................................................13
conclusion................................................................................................................................14
bibliography.............................................................................................................................15
ACKNOWLEDGEMENT
Upon the completion of this project, I would like to acknowledge the help rendered by
various people. Without them, it would have been extremely difficult for me to bring this
endeavour to a meaningful end.
First and the foremost, I would like to express my overwhelming gratitude to my teacher, Ms.
Gunjan Chawla, Faculty of Consumer Law, for her constant support and incessant
encouragement throughout the course of this project.
I would also like to thank the IT Department at National Law University, Jodhpur for
providing all the necessary resources. I am also thankful to the Library staff for their help and
assistance at all times.
I would be failing in my duties if I forgo this opportunity to thank my friends for helping
me , colleagues and my parents who have been a constant source of encouragement and the
real driving force behind this work.
Shivani Chaturvedi
INTRODUCTION
Food is one of the most basic necessities of life. It is said that the health of the community is
the wealth of the nation. Over the centuries, the human beings have developed basic needs for
three things which are food, shelter and clothes. Shelter and clothing emerged as basic
necessities with time but since the very beginning of the human existence food has remained
as the source of survival on the Earth. Every human being is a consumer in some or the other
way, and he avails the goods and services for necessities and fittest survival.
Right to food is a fundamental right under article 211.and similarly; right to health is also a
part of right to life. It has been held in number of cases that life is more than mere animal
existence. For example, in Kharak Singh v. State of U.P., 2 it was observed, Article 21 means
not merely the continuance of a persons animal existence, but right to the possession of his
organs, his arms and legs etc. It cannot be argued that health is not a part of life when
possession of all organs of the body is protected by the fundamental right to life.
Therefore it is important that human beings get food which is safe and free from
contamination and adulteration. But in the modern times most of the business houses as well
big corporate companies which produce food items, in order to maximize their profits
produce products which are of substandard quality or mix ingredients which make these food
products contaminated thus harming the health and well being of the humans who act as
consumers when they purchase such food products. Therefore in order to protect the
consumers from such adulterated food products it is important that some measures are taken
up. When see from the Indian Context the Government has enacted various legislations from
the protection of the consumers against such adulterated food products, such as Agricultural
Produce (Grading and Marking) Act, 1937, the Prevention of Food Adulteration Act 1954, the
Monopolies and Restrictive Trade Practices Act, 1969, the Standards of Weights and
Measures Act 1976, Bureau of India Standards Act 1986, the Prevention of Food Adulteration
Act 1954, the Fruit Products Order, 1955, the Meat Food Products, 1973, the Vegetable Oil
Products (Control) Order 1947, the Edible Oil Packaging (Regulation) Order 1998, the
Solvent Extracted Oil, De oiled Meal, and Edible Flour (Control) Order, 1967, the Milk and
1 PUCL vs. Union of India, 2007(1) SCC 719
2 Kharak Singh vs. State of U.P., AIR 1963 SC 1295, 1312.
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Milk Products Order 1997. But before understanding how any of these acts help in protecting
the consumers against contaminated and adulterated food, let us first understand what food
adulteration means.
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).
Adulteration in food is normally present in its most crude form; prohibited substances are
either added partly or wholly substituted. In India normally the contamination/ adulteration in
food is done either for financial gain or lack in proper hygienic condition of processing,
storing, transportation and marketing. This ultimately results that the consumer is either
cheated or often become victim of diseases. However, adequate precautions taken by the
consumer at the time of purchase of such produce can make him alert and avoid procurement
of such food. It is important that consumer is educated on common adulterants and their
effect on health.
The Government of India has from time taken steps to ensure that health of the citizens and to
prevent them from adulterated and substandard food, no of legislations have been enacted.
They are as follows:
Approved laboratories undertake analysis and testing the purity of products and prescribe
conditions for use of the label, packing and marking also. The complaints and grievances of
the consumers in respect of AGMARK grade products can be made to Agricultural marketing
advisor who is empowered to order free replacement of the product. A consumer can also
approach consumer redressal agencies also i.e District Forum , State Commission and
National Commission etc.,
Besides this, maximum limits of preservatives, additives and contaminants have also been
specified for various products.
This order is implemented by Ministry of Food Processing Industries through the
Directorate of Fruit and Vegetable Preservation at New Delhi. The directorate has four
regional offices located at Delhi. The directorate has four regional offices located at Delhi,
Mumbai, Calcutta and Chennai, as well as sub-offices at Lucknow and Guwahati. The
officials of the Directorate undertake frequent inspections of the manufacturing units and
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draw random samples of products from the manufacturers and markets which are analysed
in the laboratories to test their conformity with the specifications laid under FPO.
The Central Fruit Advisory Committee comprising of the officials of concerned
Government Departments, Technical expert, representatives of Central Food Technology
Research Institute etc. This committee is responsible for recommending amendments in the
Fruit Product Order.
increased supply of liquid milk of desired quality to the general public. This order regulated
production, supply and distribution of milk and milk product throughout the country. The
order also seeks to ensures the observance of sanitary requirements for dairies, machinery and
premises, and quality control standards for milk and milk products.
of
knowledge
and
other
functions
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specified
by
the
regulations.
Sec.3(j)[16] of the FSS Act, 2006 provides that food means any substance, whether
processed, partially processed or unprocessed, which is intended for human consumption and
includes primary food to the extent defined in clause (zk), genetically modified or engineered
food or food containing such ingredients, infant food, packaged drinking water, alcoholic
drink, chewing gum, and any substance, including water used into the food during its
manufacture, preparation or treatment but does not include any animal feed, live animals
unless they are prepared or processed for placing on the market for human consumption,
plants prior to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic
substances:
Provided that the Central Government may declare, by notification in the Official Gazette,
any other article as food for the purposes of this Act having regards to its use, nature,
substance, or quality;
There are general principles to be followed in administration of Act7:- The Central
Government, the State Governments, the Food Authority and other agencies, as the case may
be, while implementing the provisions of this Act shall be guided by the following principles,
namely:(1) (a) Endeavour to achieve an appropriate level of protection of human life and health and
the protection of consumers interests, including fair practices in all kinds of food trade with
reference to food safety standards and practices; (f) in cases where there are reasonable
grounds to suspect that a food may present a risk for human health, then, depending on the
nature, seriousness and extent of that risk, the Food Authority and the Commissioner of Food
Safety shall take appropriate steps to inform the general public of the nature of the risk to
health, identifying to the fullest extent possible the food or type of food, the risk that it may
present, and the measures which are taken or about to be taken to prevent, reduce or eliminate
that risk;
(2) The Food Authority shall, while framing regulations or specifying standards under this
Act(e) Ensure protection of the interests of consumers and shall provide a basis for consumers to
make informed choices in relation to foods they consume;
7 Section 18, Food Safety and Standards Act, 2006
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Compensation in case of injury or death of consumer8:- (1) Without prejudice to the other
provisions of this Chapter, if any person whether by himself or by another person on his
behalf, manufactures or distributes or sells or imports any article of food causing injury to the
consumer or his death, it shall be lawful for the Adjudicating Officer or as the case may be,
the Court to direct him to pay compensation to the victim or the legal representative of the
victim, a sum(a) Not less than five lakh rupees in case of death;
(b) Not exceeding three lakh rupees in case of grievous injury; and
(c) not exceeding one lakh rupees, in all other case of injury:
CONCLUSION
In spite of the best of the legislation, the result seems to be with no big change in the practice.
It is because one cannot change the mind setup of the people who are illiterate and have little
to think of others. This cannot be done all of a sudden but strict enforcement machinery is
feasible. The need is not of a new legislation but to see whatever the provisions are, they
should be strictly adhered to. At the same time the need of the hour is not an integrated law
(that the Act actually is) but the integrated approach that includes the contribution from the
public and NGOs.
In order to prevent consumers from adulteration, it is important that:
and prosecution.
More laboratories with sophisticated technologies should be established in order to meet
BIBLIOGRAPHY
Articles:
1) Subhash C. Sharma, Consumer Protection, 8(4) Central India Law Quarterly 377, 381
(1995)
2) P.S. Rao, A Critique on the Prevention of Food adulteration Act, 1954, 13 Chartered
Secretary 827 (1983).
3) Devi Prashad Ghosh, Food Adulteration in India: Issue of Policy or Social System?
2(1)49-69, June, 2012.
Weblinks:
1) https://www.academia.edu/6271170/Food_Adultration_in_India_Issue_of_Policy_or_So
cial_System
2) http://www.legalservicesindia.com/article/article/a-vision-of-food-176-1.html
3) http://agmarknet.nic.in/apgm1937.htm
Cases:
Municipal Corporation of Delhi v. Surja Ram, (1965) Cr.LJ. 571
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