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PREVENTION OF FOOD ADULTERATION ACT

Ministry of Law and Justice

Act nº 37 of 1954


  • Act nº 37 of 1954

Preamble

THE PREVENTION OF FOOD ADULTERATION ACT, 1954

[Act, No. 37 of 1954]

[29th September 1954]

PREAMBLE

An Act to make provision for the prevention of adulteration of food

Be it enacted by Parliament in the Fifth Year of the Republic of India as follows: --

Section 1. Short title, extent and commencement

( 1) This Act may be called the Prevention of Food Adulteration Act, 1954.

( 2) It extends to the whole of India1[* * *].

( 3) It shall come into force on such date2as the Central Government may, by notification in the Official Gazette, appoint.

1. The words "except the State of Jammu and Kashmir" omitted by Act 41 of 1971, sec. 2 (w.e.f. 26-1-1972).

2. 1stJune, 1995


Section 2. Definitions

In this Act unless the context otherwise requires,--

1 [(i) "adulterant" means any material which is or could be employed for the purposes of adulteration;]

2 [(ia)] "adulterated" -- an article of food shall be deemed to be adulterated --

(a) if the article sold by a vendor is not of the nature, substance or quality demanded by the purchaser and is to his prejudice, or is not of the nature, substance or quality which it purports or is represented to be;

(b) if the article contains any other substance which affects, or if the article is so processed as to affect, injuriously the nature, substance or quality thereof;

(c) if any inferior or cheaper substance has been substituted wholly or in part for the article so as to affect injuriously the nature, substance or quality thereof;

(d) if any constituent of the article has been wholly or in part abstracted so as to affect injuriously the nature, substance or quality thereof;

(e) if the article has been prepared, packed or kept under insanitary conditions whereby it has become contaminated or injurious to health;

(f) if the article consists wholly or in part of any filthy, putrid, 3 [* * *] rotten, decomposed or diseased animal or vegetable substance or is insect-infested or is otherwise unfit for human consumption;

(g) if the article is obtained from a diseased animal;

(h) if the article contains any poisonous or other ingredient which renders it injurious to health;

(i) if the container of the article is composed, whether wholly or in part, of any poisonous or deleterious substance which renders its contents injurious to health;

4 [(j) if any colouring matter other than that prescribed in respect thereof is present in the article, or if the amounts of the prescribed colouring matter which is present in the article are not within the prescribed limits of variability;]

(k) if the article contains any prohibited preservative or permitted preservative in excess of the prescribed limits;

5 [(l) if the quality or purity of the article falls below the prescribed standard or its constitutents are present in quantities not within the prescribed limits of variability, which renders it injurious to health;

(m) if the quality or purity of the article falls below the prescribed standard or its constituents are present in quantities not within the prescribed limits of variability but which does not render it injurious to health :

Provided that, where the quality or purity of the article, being primary food, has fallen below the prescribed standards or its constituents are present in quantities not within the prescribed limits of variability, in either case, solely due to natural causes and beyond the control of human agency, then, such article shall not be deemed to be adulterated within the meaning of this sub-clause.

Explanation : Where two or more articles of primary food are mixed together and the resultant article of food--

(a) is stored, sold or distributed under a name which denotes the ingredients thereof; and

(b) is not injurious to health,

then, such resultant article shall not be deemed to be adulterated within the meaning of this clause;]

(ii) "Central Food Laboratory" means any laboratory or institute established or specified under section 4;

(iii) "Committee" means the Central Committee for Food Standards constituted under section 3;

(iv) "Director of the Central Food Laboratory" means the person appointed by the Central Government by notification in the Official Gazette as the Director of the Central Food Laboratory and includes any person appointed by the Central Government in like manner to perform all or any of the functions of the Director under this Act:

6 [Provided that no person who has any financial interest in the manufacture, import or sale of any article of food shall be appointed to be a Director under this clause;]

7 [(v) "food" means any article used as food or drink for human consumption other than drugs and water and includes--

(a) any article which ordinarily enters into, or is used in the composition or preparation of, human food,

(b) any flavouring matter or condiments, and

(c) any other article which the Central Government may, having regard to its use, nature, substance or quality, declare, by notification in the Official Gazette, as food for the purposes of this Act;

8 [(vi) "Food (Health) Authority" means the Director of Medical and Health Services or the Chief Officer in charge of Health administration in a State, by whatever designation he is known, and includes any officer empowered by the Central Government or the State Government, by notification in the Official Gazette, to exercise the powers and perform the duties of the Food (Health) Authority under this Act with respect to such local area as may be specified in the notification;]

(vii) "local area" means any area, whether urban or rural, declared by the Central Government or the State Government by notification in the Official Gazette, to be a local area for the purposes of this Act;

(viii) "local authority" means in the case of --

(1) a local area which is --

(a) a municipality, the municipal board or municipal corporation;

(b) a cantonment, the cantonment authority;

(c) a notified area, the notified area committee;

(2) any other local area, such authority as may be prescribed by the Central Government or8 [the State Government under this Act;

6 [(viiia) "Local (Health) Authority", in relation to a local area, means the officer appointed by the Central Government or the State Government, by notification in the Official Gazette, to be in charge of Health administration in such area with such designation as may be specified therein;

(viiib) "manufacture" includes any process incidental or ancillary to the manufacture of an article of food;]

(ix) "misbranded"--an article of food shall be deemed to be misbranded--

(a) if it is an imitation of, or is a substitute for, or resembles in a manner likely to deceive, another article of food under the name of which it is sold, and is not plainly and conspicuously labelled so as to indicate its true character;

(b) if it is falsely stated to be the product of any place or country;

(c) if it is sold by a name which belongs to another article of food;

(d) if it is so coloured, flavoured or coated, powdered or polished that the fact that the article is damaged is concealed or if the article is made to appear better or of greater value than it really is;

(e) if false claims are made for it upon the label or otherwise;

(f) if, when sold in packages which have been sealed or prepared by or at the instance of the manufacturer or producer and which bear his name and address, the contents of each package are not conspicuously and correctly stated on the outside thereof within the limits of variability prescribed under this Act;

(g) if the package containing it, or the label on the package bears any statement, design or device regarding the ingredients or the substances contained therein, which is false or misleading in any material particular; or if the package is otherwise deceptive with respect to its contents;

(h) if the package containing it or the label on the package bears the name of a fictitious individual or company as the manufacturer or producer of the article;

(i) if it purports to be, or is represented as being, for special dietary uses, unless its label bears such information as may be prescribed concerning its vitamin, mineral, or other dietary properties in order sufficiently to inform its purchaser as to its value for such uses;

(j) if it contains any artificial flavouring, artificial colouring or chemical preservative, without a declaratory label stating that fact, or in contravention of the requirements of this Act or rules made thereunder;

(k) if it is not labelled in accordance with the requirements of this Act or rules made thereunder;

(x) "package" means a box, bottle, casket, tin, barrel, case, receptacle, sack, bag, wrapper or other thing in which an article of food is placed or packed;

(xi) "premises" include any shop, stall, or place where any article of food is sold or manufactured or stored for sale;

(xii) "prescribed" means prescribed by rules made under this Act;

6 [(xiia) "primary food" means any article of food, being a produce of agriculture or horticulture in its natural form;]

(xiii) "sale" with its grammatical variations and cognate expressions, means the sale of any article of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for human consumption or use, or for analysis, and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale of any such article, and includes also an attempt to sell any such article;

(xiv) "sample" means a sample of any article of food taken under the provisions of this Act or of any rules made thereunder;

(xv) the words "unwholesome" and "noxious" when used in relation to an article of food mean respectively that the article is harmful to health or repugnant to human use.

1.Clause (i) ins. by Act 34 of1976, section. 2 (w.e.f. 1-4-1976).

2.Clause (i) re-numbered asclause (ia) by Act 34 of 1976, section. 2 (w.e.f. 1-4-1976).

3.The word "disgusting"omitted by Act 34 of 1976, sec. 2 (w.e.f. 1-4-1976).

4.Substituted by Act 34 of1976, sec. 2, for sub-clause (j) (w.e.f. 1-4-1976)

5.Substituted by Act 34 of1976, sec. 2, for sub-clause (1) (w.e.f. 1-4-1976).

6.Inserted by Act 34 of 1976,sec. 2 (w.e.f. 1-4-1976).

7.Substituted by Act 34 of1976, sec. 2 (w.e.f. 1-4-1976).

8.Substituted by Act 34 of 1976,sec. 2 (w.e.f. 1-4-1976).


Section 2A. Rule of construction

1[2 A. Rule of construction

Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference of the corresponding law, if any, in force in that State.]

1. Inserted by Act 41 of 1971, sec 3 (w.e.f. 26-1-1972).


Section 3. The Central Committee for food standards

(1) TheCentral Government shall, as soon as may be after the commencement ofthis Act, constitute a Committeecalled the Central Committee for food standards to advise the CentralGovernment and the State Governments on matters arising out of theadministration of this Act and to carry out the other functions assigned to itunder this Act.

(2) TheCommittee shall consist of the following members,namely:--

(a)the Director-General, Health Services, ex officio, who shall bethe Chairman;

1 [(b)the Director of the Central Food Laboratory or, in a case where more than oneCentral Food Laboratory is established, the Directors of such laboratories, exofficio];

(c)two experts nominated by the Central Government;

2 [(d) one representative each ofthe Departments of Food and Agriculture in the Central Ministry of Food andAgriculture and one representative each of the Central Ministries of Commerce,Defence, Industry and Supply and Railways, nominated by the Central Government;]

(e)one representative each nominated by the Government of each 3 [***]State;

(f)two representatives nominated by the Central Government to represent the 4 [Unionterritories];

5 [(g)one representative each, nominated by the Central Government, to represent theagricultural, commercial and industrial interests;

(gg)five representatives nominated by the Central Government to represent theconsumers' interests, one of whom shall be from the hotelindustry;

(h) one representative of the medicalprofession nominated by the Indian Council of Medical Research;

6 [(i) one representativenominated by the Indian Standards Institution referred to in clause (e) ofsection 2 of the Indian Standards Institution (CertificationMarks) Act, 1952 (36 of 1952).]

(3) The members ofthe Committee referred to in clauses (c), (d), (e), (f) 7 [8 [(g), (gg)],(h) and(i)] of sub-section (2) shall, unless their seatsbecome vacant earlier by resignation, death or otherwise, be entitled to holdoffice for three years and shall be eligible forrenomination.

(4) Thefunctions of the Committee may be exercised notwithstanding any vacancytherein.

(5) TheCommittee may appoint such and so many sub-committees as it deems fitand may appoint to them persons who are not members of the Committee toexercise such powers and perform such duties as may, subject tosuch conditions, if any, as the committee may impose, be delegated to them bythe Committee.

(6) TheCommittee may, subject to the previous approval of the CentralGovernment, make bye-laws for the purpose of regulating its own procedure andthe transaction of its business.

1.Substituted by Act 34 of 1976, sec. 3, for clause. (b) w.e.f.1-4-1976).

2.Substituted by Act 49 of 1964, sec. 3, for clause (d) (w.e.f.1-3-1965).

3.The words, and letters "Part A State and Part B" omitted by theA.O. (No. 3), 1956.

4.Substituted by the A.O. (No. 3), 1956, for "Part C States".

5.Substituted by Act 34 of 1976, sec. 3, for clause (g) (w.e.f.1-4-1976).

6.Inserted by Act 49 of 1964, sec. 3 (w.e.f. 1-3-1965).

7.Substituted by Act 49 of 1964, sec. 3 for clauses "9g) and (h)" (w.e.f.1-3-1965).

8.Inserted by Act 34 of 1976, sec. 4 (w.e.f. 1-4-1976).


Section 3A. Appointment of Secretary and other staff

1[3 A. Appointment of Secretary and other staff

( 1) The Central Government shall appoint a Secretary to the Committee who shall, under the control and direction of the Committee, exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Committee.

( 2) The Central Government shall provide the Committee with such clerical and other staff as that government considers necessary.]

1. Substituted by Act 34 of 1976, section. 5, for sub-section (1) (w.e.f. 1-4-1976).


Section 4. Central Food Laboratory

1[( 1) The Central Government shall, by notification in the Official Gazette, establish one or more Central Food Laboratory or Laboratories to carry out the functions entrusted to the Central Food Laboratory by this Act or any rules made under this Act:

Provided that the Central Government may, by notification in the Official Gazette, also specify any laboratory or institute as a Central Food Laboratory for the purposes of this Act.]

( 2) The Central Government may, after consultation with the Committee, make rules prescribing--

2[(a) the functions of a Central Food Laboratory and the local area or areas within which such functions may be carried out;]

(b) the procedure for submission to the said laboratory of samples of articles of food for analysis or tests, the forms of the laboratory's reports thereon and the fees payable in respect of such reports;

(c) such other matters as may be necessary or expedient to enable the said laboratory to carry out its functions.

1.Substituted by Act 34 of 1976, sec. 5, for clause. (a) (w.e.f. 1-4-1976).

2. Substituted by Act 49 of 1964, sec. 4, for certain words (w.e.f. 1-3-1965) .


Section 5. Prohibition of import of certain articles of food

No person shall import into India--

(i) any adulterated food;

(ii) any misbranded food;

(iii) any article of food for the import of which a licence is prescribed, except in accordance with the conditions of the licence; and

(iv) any article of food in contravention of any other provision of this Act or of any rule made thereunder.

Section 6. Application of law relating to sea customs and powers of customs officers

( 1) The law for the time being in force relating to sea customs and to goods, the import of which is prohibited by section 18 of the Sea Customs Act, 1878 ( 8 of 1978), shall, subject to the provisions of section 16 of this Act, apply in respect of articles of food, the import of which is prohibited under section 5 of this Act, and officers of customs and officers empowered under that Act to perform the duties imposed thereby on a1[Commissioner of Customs] and other officers of customs shall have the same powers in respect of such articles of food as they have for the time being in respect of such goods as aforesaid.

( 2) Without prejudice to the provisions of sub-section ( 1), the Customs collector, or any officer of the government authorised by the Central Government in this behalf, may detain any imported package which he suspects to contain any article of food the import of which is prohibited under section 5 of this Act and shall forthwith report such detention to the Director of the Central Food Laboratory and, if required by him, forward the package or send samples of any suspected article of food found therein to the said laboratory.

Section 7. Prohibitions of manufacture, sale, etc., of certain articles of food

No person shall himself or by any person on his behalf manufacture for sale, or store, sell or distribute --

(i) any adulterated food;

(ii) any misbranded food;

(iii) any article of food for the sale of which a licence is prescribed, except in accordance with the conditions of the licence;

(iv) any article of food the sale of which is for the time being prohibited by the Food (Health) Authority1[in the interest of public health];2[* * *]

(v) any article of food in contravention of any other provision of this Act or of any rule made thereunder;3[or]

3[(vi) any adulterant.]

3[Explanation : For the purposes of this section, a person shall be deemed to store any adulterated food or misbranded food or any article of food referred to in clause (iii) or clause (iv) or clause (v) if he stores such food for the manufacture therefrom of any article of food for sale.]

1. Sub stituted by Act 49 of 1964, w .e.f . 1 - 3 - 1965 .

2. Word "or" omitted by Act 34 of 1976, w .e.f . 1 - 4 - 1976 .

3. Inserted by Act 34 of 1976, w .e.f . 1 - 4 - 1976 .


Section 8. Public analysts

1 [8. Public analysts

The Central Government or the State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications to be public analysts for such local areas as may be assigned to them by the Central Government or the State Government, as the case may be:

Provided that no person who has any financial interest in the manufacture, import or sale of any article of food shall be appointed to be a public analyst under this section:

2 [Provided further that different public analysts may be appointed for different articles of food.]

1. Substituted by Act 49 of 1964, sec. 5, for sections 8 and 9 (w.e.f. 1-3-1965).

2. Inserted by Act 34 of 1976, sec 7(w.e.f. 1-4-1976).


Section 9. Food inspectors

1[9. Food inspectors

( 1) The Central Government or the State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifica­tions to be food inspectors for such local areas as may be assigned to them by the Central Government or the State Government, as the case may be:

Provided that no person who has any financial interest in the manufacture, import or sale of any article of food shall be appointed to be a food inspector under this section.

( 2) Every food inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code ( 45 of 1860) and shall be officially subordinate to such authority as the government appointing him, may specify in this behalf.]

1. Substituted by Act 49 of 1964, section. 5, for sections 8 and 9 (w.e.f. 1-3-1965).


Section 10. Powers of food inspectors

(1) A foodinspector shall have power --

(a)to take samples of any article of food from --

(i)any person selling such article;

(ii)any person who is in the course of conveying, delivering or preparing todeliver such article to a purchaser or consignee;

(iii)a consignee after delivery of any such article to him; and

(b)to send such sample for analysis to the public analyst for the local areawithin which such sample has been taken;

1 [(c) with the previous approvalof the Local (Health) Authority having jurisdiction in the localarea concerned, or with the previous approval of the Food (Health)Authority, to prohibit the sale of any article of food in the interest ofpublic health.]

2 [Explanation: For the purposes of sub-clause(iii) of clause (a), "consignee" does not include a person whopurchases or receives any article of food for his own consumption.]

1 [(2) Any foodinspector may enter and inspect any place where any article of food ismanufactured, or stored for sale, or stored for the manufacture of any otherarticle of food for sale, or exposed or exhibited for sale or where anyadulterant is manufactured or kept, and take samples of such article of food oradulterant for analysis:

Providedthat no sample of any article of food, being primary food, shall betaken under this sub-section if it is not intended for sale as suchfood.]

(3) Whereany sample is taken under clause (a) of sub-section (1) or sub-section(2),its cost calculated at the rate at which the article is usually sold to thepublic shall be paid to the person from whom it is taken.

(4) If anyarticle intended for food appears to any food inspector to be adulterated ormisbranded, he may seize and carry away or keep in the safe custody of thevendor such article in order that it may be dealt with as hereinafterprovided 2 [and he shall, in either case, take asample of such article and submit the same for analysis toa pubic analyst:]

4 [Provided that where the foodinspector keeps such article in the safe custody of the vendor he may requirethe vendor to execute a bond for a sum of money equal to the value of sucharticle with one or more sureties as the food inspector deems fit and thevendor shall execute the bond accordingly.]

2 [(4A) Whereany article of food seized under sub-section (4) is of aperishable nature and the Local (Health) Authority is satisfiedthat such article of food is so deteriorated that it is unfit for humanconsumption, the said authority may, after giving notice in writing to thevendor, cause the same to be destroyed.]

(5) Thepower conferred by this section includes power to break open any package inwhich any article of food may be contained or to break open the door of anypremises where any article of food may be kept for sale:

5 [Provided that the power tobreak open the package or door shall be exercised only afterthe owner or any other person in charge of the package or, as the casemay be, in occupation of the premises, if he is present therein, refuses toopen the package or door on being called upon to do so, and in either caseafter recording the reasons for doing so:]

Providedfurther that the food inspector shall, in exercising the powersof entry upon, and inspector of any place under this section, follow, as far asmay be, the provisionsof the 6 [Code of Criminal Procedure, 1973 (2 of 1974)],relating to the search or inspection of a place by a police officer executing asearch warrant issued under that Code.

(6) 7 [Anyadulterant found in the possession of a manufacturer or distributor of, ordealer in, any article of food or in any of the premises occupied by him assuch and for the possession of which he is unable to account to thesatisfaction of the food inspector' 7 [and account or otherdocuments found in his possession or control and which would be usefulfor, or relevant to, any investigation or proceeding under this Act, may beseized by the food inspector and 8 [a sample of such adulterant submittedfor analysis to a public analyst:

9 [Provided that no such books ofaccount or other documents shall be seized by the foodinspector except with the previous approval of the authority to which he isofficially subordinate.]

(7) Wherethe food inspector takes any action under clause (a) of sub-section(1), sub-section(2), sub-section(4),or sub-section (6), he shall 10 [call one or more personsto be present at the time when such action is taken and take his ortheir signatures.

11 [(7A) Whereany books of account or other documents are seizedunder sub-section (6), the food inspector shall,within a period not exceeding thirty days from the date of seizure, return thesame to the person from whom they were seized after copies thereof or extractsthere from as certified by that person in such manner as may be prescribed havebeen taken:

Providedthat where such person refuses to so certify, and a prosecution has beeninstituted against him under this Act, such books of account or otherdocuments shall be returned to him only after copies thereofor extracts there from as certified by the court have been taken.

(7B) Whenany adulterant is seized under sub-section (6), theburden of proving that such adulterant is not meant for purposes ofadulteration shall be on the person from whose possession suchadulterant was seized.]

(8) Any foodinspector may exercise the powers of a police officer under section 42 of the 4 [Code ofCriminal Procedure, 1973 (2 of 1974)] forthe purpose of ascertaining the true name and residence of the person from whoma sample is taken or an article of food is seized.

(9) Any foodinspector exercising powers under this Act or under the rules made there underwho--

(a)vexatiously and without any reasonable grounds of suspicion seizes any articleof food 11 [or adulterant]; or

(b)commits any other act to the injury of any person without havingreason to believe that such act is necessary for the execution of his duty,

shallbe guilty of an offence under this Act and shall be punishable for suchoffence 8 [with fine which shall not be less than fivehundred rupees but which may extend to one thousand rupees.

adulterated,he is required to take action as per the law. He discharges the public duty. Hisevidence is to be tested on its own merits and if found acceptable, the courtwould be entitled to accept and rely on to prove prosecution case;.State of U.P.v. Hanif, AIR 1992 SC 1121.

1.Substituted by Act 34 of 1976 sec. 8, for clause (c) (w.e.f.1-4-1976).

2.Inserted by Act 34 of 1976, sec. 8 (w.e.f. 1-4-1976).

3.Substituted by Act 34 of 1976 sec. 8, for sub-section (2) (w.e.f.1-4-1976)

4.Inserted by Act 49 of 1964, sec. 6 (w.e.f. 1-3-1965).

5.Substituted by Act34 of 1976 sec. 8, for the first proviso (w.e.f. 1-4-1976).

6.Substituted by Act 34 of 1976 sec. 8, for "the Code of CriminalProcedure, 1898 (5 of 1898)" (w.e.f. 1-4-1976).

7.Substituted by Act 34 of 1976 sec. 8, for certain words(c) (w.e.f.1-4-1976).

8. Substitutedby Act 34 of 1976 sec. 8, for certain words (w.e.f. 1-4-1976).

9.Inserted by Act 34 of 1976,sec 8 (w.e.f. 1-4-1976).

10.Substituted by Act 49 of 1964, sec. 6, for sections words (w.e.f.1-3-1965).

11 Inserted by Act 34 of 1976, sec 8 (w.e.f. 1-4-1976).


Section 11. Procedure to be allowed by food inspectors

1 [(1) When afood inspector takes a sample of food for analysis, he shall --

(a)give notice in writing then and there of his intention to have it soanalysed to the person from whom he has taken the sample and to the person, ifany, whose name, address and other particulars have beendisclosed under section 14A;

(b)except in special cases provided by rules under this Act, divide the samplethen and there into three parts and mark and seal or fasten up each part insuch a manner as its nature permits and take the signature or thumb impressionof the person from whom the sample has been taken in such place and in suchmanner as may be prescribed:

Providedthat where such person refuses to sign or put his thumb impression the foodinspector shall call upon one or more witnesses and take his ortheir signatures or thumb impressions, as the case may be, in lieu of thesignature or thumb impression of such person;

(c)(i) send one of the parts for analysis to the public analyst under intimationto the Local (Health) Authority; and

(ii)send the remaining two parts to the Local (Health) Authority for thepurposes of sub-section (2) of this section and sub-sections(2A)and (2E) of section13.

(2) Wherethe part of the sample sent to the public analyst under sub-clause(i) of clause (c) of sub-section (1) is lost or damaged, the Local (Health) Authority shall, on a requisition made toit by the public analyst or the food inspector despatch one of the parts of thesample sent to it under sub-clause (ii) of the saidclause (c) to the public analyst for analysis. ]

(3) When asample of any article of food 2 [or adulterant] is taken under sub-section(1)or sub-section (2) of section10, 3 [the food inspector shall, bythe immediately succeeding working day, send a sample of the article of foodor adulterant or both, as the case may be,] in accordance with the rulesprescribed for sampling to the public analyst for the local area concerned.

4 [(4) Anarticle of food seized under sub-section (4) ofsection 10, unless destroyed under sub-section(4A)of that section, and any adulterant seized under sub-section (6) of thatsection shall be produced before a magistrate as soon aspossible and in any case not later than seven days after the receipt of thereport of the public analyst:]

5 [***]

Provided6 [** *] that if an application is made to the magistrate in this behalf by theperson from whom any article of food has been seized, the magistrate shall by order inwriting direct the food inspector to produce such article before him withinsuch time as may be specified in the order.

7 [(5) If itappears to the magistrate on taking such evidence as he may deem necessary--

(a)that the article of food produced before him under sub-section(4)is adulterated or misbranded, he may order it --

(i)to be forfeited to the Central Government, the State Government or the localauthority, as the case may be; or

(ii)to be destroyed at the cost of the owner or the person from whom it was seizedso as to prevent its being used as human food; or

(iii)to be so disposed of as to prevent its being again exposed for sale or used forfood under its deceptive name; or

(iv)to be returned to the owner, on his executing a bond with orwithout sureties, for being sold under its appropriate name or, where the magistrateis satisfied that the article of food is capable of being made to conform toprescribed standards for human consumption after reprocessing, for being soldafter reprocessing under the supervision of such officer as may be specified inthe order;

(b)that the adulterant seized under sub-section (6) ofsection 10 and produced before him is apparently of a kind whichmay be emplyed for purposes of adulteration and for the possession of which themanufacturer, distributor or dealer, as the case may be, is unable to accountsatisfactorily, he may order it to be forfeited to the Central Government,the State Government or the local authority, as the case may be.]

(6) 8 [If itappears to the magistrate that any such--

(a)article of foods is not adulterated; or

(b)adulterant which is purported to be an adulterant is not an adulterant,

thepeson from whose possession the article of food or adulterant was taken shall beentitled to have it restored to him and it shall bein the discretion of the magistrate to award such person from such fund as theState Government may direct in this behalf, such compensation not exceeding theactual loss which he has sustained as the magistrate may think proper.

1.Substituted by Act 34 of 1976 sec. 9, for sub-sections (1) and (2) (w.e.f.1-4-1976).

2.Inserted by Act 34 of 1976, sec. 9 (w.e.f. 1-4-1976).

3.Substituted by Act 34 of 1976, sec. 9, for certain words (w.e.f.1-4-1976).

4.Substituted by Act 34 of 1976, sec. 9, for sub-section (4) and firstproviso (w.e.f. 1-4-1976).

5.First proviso omitted by Act 34 of 1976, sec. 9 (w.e.f. 1-4-1976).

6.The word "further" omitted by Act 34 of 1976, sec. 9 (w.e.f.1-4-1976).

7.Substituted by Act 34 of 1976, sec. 9, for sub-section (5) (w.e.f.1-4-1976).

8.Substituted by Act 34 of 1976, sec. 9 (w.e.f. 1-4-1976).


Section 12. Purchaser may have food analysed

Nothingcontained in this Act shall be held to prevent a purchaser of any articleof food other than a food inspector1 [or arecognised consumer association, whether the purchaser is a member ofthat association or not,] from having such article analysed by the publicanalyst on payment of such fees as may be prescribed and from receiving fromthe public analyst a report of his analysis:

Providedthat 2 [such purchaser or recognised consumer association shallinform the vendor at the time of purchase of his or its intention] to havesuch article so analysed:

Providedfurther that the provisions of sub-section (1), sub-section(2)and sub-section (3) of section 11 shall,as far as may be, apply to a 2 [purchaser of article of foodor recognised consumer association who or which intends] to have such articleso analysed, as they apply to a food inspector who takes a sample of food foranalysis:

Providedalso that if the report of the public analyst shows that the article of foodis adulterated, the 2 [purchaser or recognised consumer association shall beentitled to get refund of the fees paid by him or it] under this section.

3 [Explanation:For the purposes of this section andsection 20, 'recognised consumer association' means avoluntary consumer association registered under the Companies Act, 1956 (1 of 1956), orunder any other law for the time being in force.]

1.Inserted by Act 70 of 1986, sec. 2 (w.e.f. 1-5-1987).

2.Substituted by Act 70 of 1986, sec. 2 (w.e.f. 1-5-1987).

3.Added by Act 70 of 1986, sec. 2 (w.e.f. 1-5-1987).