Saturday, 17 September 2011

Unit1: GENERAL LAWS REGARDING FOOD

Unit1: GENERAL LAWS REGARDING FOOD
Objectives:
1.      To understand about GENERAL LAW regarding FOODS
2.      Meaning and definition of FOOD
3.      Food ADULTERATION
4.      HE PREVENTION OF FOOD ADULTERATION ACT, 1954
5.      To know when AN ARTICLE of food is deemed as ADULTERATED FOOD
6.      FOOD SAFETY AND STANDARDS ACT 2006, Patent Act & Trademarks Act
THE PREVENTION OF FOOD ADULTERATION ACT, 1954


GENERAL LAW REGARDING FOODS

Introduction


Every country is developing systems to ensure that its citizens must get safe food to eat. But the recent controversies on quality and safety of carbonated soft drinks, liquid explosives, bird flu, food poisoning in mid-day meals, import of fruits and vegetables without pest-risk analysis and many more issues, cases and follow-up actions by various State governments raise the issues of criteria in decision-making process in the country on sensitive and complicated issues related to food safety, food trade and public health. Now, Parliament has passed a new bill on ’Food Safety and Standards’. The purpose is to generate a healthy debate on how to develop a reliable food safety system in the interest of public health in India.

Meaning and Definition of Food


FOOD means any article used as food or drink for human consumption other than drugs and water.

According to PFA Act 1954, food is any article used as food or drink for human consumption other then drugs and waters it includes-

a)     Any article which ordinarily enters into or is used in the composition or preparation of food.

b)     Any flavoring material or condiments

c)     Any other article which the central govt. may having regards to its use, nature, substance or quality declare by notification in the official gazette as food for the purpose of this act.

Unwholesome Food


Generally unwholesome means-


·        Injurious to physical, mental, or moral health; unhealthy.

  • Suggestive of disease or degeneracy: an unwholesome pallor.

·        Offensive or loathsome.

And unwholesome food means. Food not fit to be eaten; food which, if eaten, would be injurious.

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;

The word “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.

We can say that—

Unwholesome foods are foods that are not fresh, whole foods. This includes any “junk foods” and highly processed foods. Untimely dining refers to eating the wrong foods during a particular season of the year.

Food Adulteration

Adulterated Food: u/s 2 of the PFA Act 1954—

“In general, if anything is added or taken out from the food which adversely affects the quality of the food article, may be treated as adulterated food.”

Adulterants are chemical substances which should not be contained within other substances (e.g. food, beverages, fuels or pesticide) for legal or other reasons. Adulterants may be intentionally added to substances to reduce manufacturing costs, or for some deceptive or malicious purpose. Adulterants may also be accidentally or unknowingly introduced into substances.

PREVENTION OF FOOD ADULTERATION ACT 1954

Food is one of the basic necessities for substance of life. Pure fresh and healthy diet is most essential for the health of the people.

The prevention of food Adulteration (PFA) bill was passed by both the houses of Parliament and received the assent of the president on 19th Sept. 1954 and it came in to force on 1st June 1955 as –

“The prevention of food Adulteration act 1954 37 of 1954”

The above act describe as-

“Adulterated” an article of food shall be deemed to be adulterated.

Objective of PFA Act 1954

Prevention of food adulteration act 1954 extends to the whole of India. The main objectives of  the act are-

·        To eradicate the antisocial evil and for ensuring purity of food sold to the public.

·        To prevent adulteration of food and to protect the health of the citizens.

·        The act is a piece of consumer legislation in regulates the consumer supplier relations.

·        Adulteration of food is a menace to the public health. The act has been enacted with the aim at eradicating that anti social evil and for ensuring purity in the articles of food.

·        The act is intended to protect the consumer against outright frauds.

·        PFA Act serves a very important role in securing to the citizen a minimum degree of purity in the articles of food and thereby protecting public health.

·        To protect the society against unscrupulous (without morally cautious) and anti-social dealers.

·        The main object of the act and the rules made there under are to ensure the purity of food and maintenance of public health by eradicating the evil of adulteration of food.

Adulteration of food stuffs is a serious matter and it is affecting the whole society to an extent which may well be described almost dangerous.

So the act deals with the regulation of a class of traders with a view to preventing the widespread malpractices and to control them.

All restaurants or food service establishments have to abide by the food laws governed by the prevention of food adulteration act 1954 (FPA) which is a part of the essential commodities act. Govt. of India It is in the interest of the food handlers that they are aware of their obligations to enact the mandatory requirements of FPA.

WHEN AN ARTICLE OF FOOD DEEMED AS
“ADULTERATED FOOD”

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 or which it purports to be;

B.     If the article contains any substance affecting its quality or of it is so processed as to injuriously affect its nature, substance or quality;

C.     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;

D.     If the article had been prepared, packed or kept under insanitary conditions whereby it has become contaminated or injurious to health;

E.     If the article consists wholly or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal and vegetable substance or being insect- infested,or is otherwise unfit for human consumption;

F.     If the article is obtained from a diseased animal;

G.    If the article contains any poisonous or other ingredient which is injurious to health;

H.     If the container of the article is composed of any poisonous or deleterious substance which renders its contents injurious to health;

I.       If the article contain any prohibited coloring.

WHEN AN ARTICLE OF FOOD DEEMED AS
“MISBRANDED”

Misbranded food-U/S (2) of the PFA act 1954

In general, misbranding means false claims or something wrong or against the provisions of the

PFA act in the labeling of the food article.

1.      If it is an imitation of, as is a substitute for or resembles in a manner which is likely to affect, another food article under the name of which is sold.

2.      If the article of food is colored, flavored or cooked to hide the fact that is damaged and made to appear better or of greater value than it really is.

3.      If it is falsely stated to be the product of any other place of country.

4.      If it is sold by the name which belongs, to another article of food.

5.      If false claim are made for it upon labels or otherwise.

6.      If the label bears the name of fictitious name or company.

7.      If the name and address of the manufacturer is not given or stated.

8.      If false statement regarding the ingredients are given.

9.      If color and flavor used but not mentioned.

10.   If it is not labeled in accordance with requirement of this act.

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.

PROHIBITIONS AND RESTRICTIONS

PROHIBITION ON THE MANUFACTURE, SALE, ETC. OF CERTAIN FOOD ARTICLES

No person shall manufacture, store, sell or distribute

(i)               Any adulterated food,

(ii)              Any misbranded food,

(iii)            Food articles to be sold under license without fulfilling the conditions of the license,

(iv)            Any food article at  the sale of which is prohibited by the Food (Health) Authority in the interest of public health,

(v)             Any food article in contravention of any other provision of Act or the Rules, (see ‘Conditions for Sale’) or

(vi)            Any adulterant.

The act of storing an adulterated article of food would be an offence only if storing is for sale. The sale of a part of the stored article  constitutes an offence distinct and independent from the offence of storing for sale.

Prohibition on use of certain Expressions While Labelling of Edible Oils and Fats

The package, label or the advertisement of edible oils and fats shall not use the expressions Super-Refined, Micro-Refined, Double-Refined, Ultra-Refined, Anti-Cholesterol Fighter, Soothing to Heart, Cholesterol Friendly, Saturated Fat Free or such other expressions which are exaggerations of the quality of the product.

Prohibition on Sale of Certain Admistures

For example, cream which has not been prepared exclusively from milk, milk which contains any added water, ghee which contains any added matter not exclusively derived from milk fat, a mixture of two or more edible oil as an edible oil and turmeric containing any foreign substances, etc. (Rule 44)

PROHIBITION ON USE OF ACETYLENE GAS (carbide gas) in artificially ripening of fruits.                                                                               (Rule 44 AA).

PROHIBITION ON SALE OF FOOD ARTICLES COATED WITH MINERAL OIL,  except in accordance with the permitted standards.(Rule  44 AAA and Appendix B).

RESTRICTION ON SALE OF GHEE having less than specified Reichert value except under the “AGMARK” seal.

PROHIBITION ON SALE OF ADMIXUTRES OF GHEE OR BUTTER or on its use as an ingredient in the preparation of an article of food. (Rule 46).

Any food item resembling honey, but not pure honey, shall not be marked “honey”.(Rule 45.

RESTRICTION ON SALE OF KANGRA TEA except only after it is graded and marked in accordance with the provisions of Agricultural Produce (Grading and Marketing) Act, 1937 and the Rules made there under (Rule 44E).

CONDITIONS FOR SALE OF FLAVOURED TEA only by those manufactueres. Who are registered with Tea Board and the package bearing the laber, ‘FLAVOURED TEA’ (Common name of permitted flavor, percentage and Registration No.).

RESTRICTION ON SALE OF COMMON SALT No person shall, sell or offer or expose for sale or have in his premises for the purpose of sale, common salt for direct human consumption unless the same is iodized. (Rule 44H).

RESTRICTION ON USE AND SALE OF ARTIFICIAL SWEETENERS except that saccharin sofium can be added to carbonated water, supari, pan masala and pan flavoring material within the specified maximum limit and appertained may be sold for diabetic use under medical advice. (Rule 47).

PROHIBITION ON SALE OF PERMITTED FOOD COLOURS, i.e. Synthetic colours, or their mixtures or any preparation of such colors, except under a license.

PROHIBITION ON SALE OF PERMITTED FOOD ADDITIVES, except only under the ISI certification marks.

PROHIBITION ON USE OF COUMARIN AND DIHYDRO COCUMARIN, TANKABEAN (DIPTERYL ADORAT) AND b- ASARANE AND CINAMYLAUTHRACILATE,  as flavoring agents. Any extraneous addition of flavoring agent should be mentioned on the label attached to any package of food so flavored, in capital letters in the following manner:

“Contains Added Flavour”

Restriction On Use of Preservatives,  Addition of Class I preservatives i.e. Common Salt, Sugar, Destrose, Glucose (syrup), Spices, Vinegar or acetic  acid, honey and edible vegetable oil, in any food is not restricted, provided that the food article to which the preservative has been added conforms to the specifications laid down in Appendix B.

Conditions For Sale Of A Food Article, Every utensil or container, used for manufacturing, preparing or containing any food or ingredients there, and second hand tin containers for packaging of edible oils and fats, meant for sale, shall be maintained in a clean and sanitary condition, away from impure air or dust, properly covered at all times, and such utensils or containers shall not be used for any other purpose. Use of rusty containers, improperly tinned copper or brass containers, containers of aluminum or plastic not conforming to ISI specifications, etc., in preparation of food, is also prohibited. Besides, certain special conditions for sale of certain articles such as asafetida, salseed fat, lactic acid, edible oils, katha, margarine, milk powder, etc. have also been laid down.

With effect from 22.2.95, on person shall sell powdered spices except in packed form. No person shall sell or serve food in any commercial establishment in plastic articles used in catering and cutlery, unless the plastic material used in catering and cutlery articles, conform to the food grade plastic.

Purchaser May have food Analysed

A purchaser of any article of food, or a recognized consumer association, may also get an article of food  analyzed by the public analyst on payment of the prescribed fees, provided that the vendor is informed of this intended action at the time of purchase. Thereafter, the purchaser or the consumer association, have to follow the same procedure as discussed above in the case of Food Inspectors. If the article of food is found to be adulterated, the fees paid by the purchaser or the association shall be refunded.

Offences and Penalties

Import, manufacture, storage, sale or distrinbution of any food article which is adulterated by allowing its quality or purity to fall below the prescribed standard, or is misbranded, or in contravention of any provision of the Act or rules. Penalty is minimum imprisonment  of six months that may extend up to 3 years and minimum fine of Rs 1000.

Import, manufacture, storage, sale or distribution of any adulterant not injurious to health. Penalty is minimum imprisonment of six months that may extend up to 3 years and minimum find of Rs 1000.

Preventing a Food Inspector from taking a sample or exercising his powers. Penalty is minimum imprisonment of six months that may extend up to 3 years and minimum fine of Rs 1000.

Giving a false warranty in writing in respect of any food article. Penalty is minimum imprisonment of six months that may extend up to 3 years and minimum fine of Rs 1000.

Import, manufacture, storage, sale or distribution of any food article which is adulterated within the meaning of any of the sub-clauses (e) to (1) of section 2 (ia); or any adulterant which is injurious to health. Penalty is minimum imprisonment of one year that may extend up to 6 years and minimum fine of Rs 2000.

Sale or distribution of any food article containing any poisonous or other ingredient injurious to health, which is likely to cause death or grievous bodily harm. Penalty is minimum imprisonment of three years that may extend up to life and minimum fine of Rs 5000.
CENTRAL COMMITTEE FOR FOOD STANDARDS AND
CENTRAL FOOD LABORATORY
The Central Committee for Food Standards. The Central government shall, as soon as may be after the commencement of this Act, constitute a Committee called the Central Committee for Food Standards to advise the Central Government and the State Government on  matters arising out of the administration of this Act and to carry out the other functions assigned to it under this Act.

The Committee shall consist of the following members, namely:

a)     The Director-General, Health Services, ex-officio, who shall be the Chairman;

b)     The Director of the Central Food Laboratory or, in a case where more than one. Central Food Laboratory is established, the Directors of such Laboratories, ex-officio;]

c)     Two experts nominated by the Central Government;

d)     One representative each of the Departments of Food and Agriculture in the Central.Ministry of Food and Agreculture and one representative each of the Central Ministries of Commerce, Defense, Industry and Supply and Railways, nominated by the Central government;]

e)     One representative each nominated by the Government of each 1***State;

f)       Two representatives nominated by the Central Government to represent the  2* [Union Territories]

g)     One representative each, nominated by the Central Government to represent the agricultural, commercial and industrial interests;

h)     Five representatives nominated by the Central Government to represent the consumers’ interest one of whom shall be from the hotel industry;]

i)       One representative of the medical profession nominated by the Indian Council of Medical Research;

j)       One representative nominated by the Indian Standards Institution referred to in clause (e) of section 2 of the Indian Standards Institution” (Certification of Marks) Act , 1952.] (36 of 1952}.

Central Food Laboratory

Central Food Laborator.2*[`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.]

The Central Government may, after constitution with the committee, make rules prescribing-

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 the 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.




Analysis of Food

Public Analyses

Public Analyses. 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:

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

Food Inspectors

(1)    Food Inspectors. The Central Government or  the State Government may, by notification in the official Gazette, appoint such persona 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.]

Powers of food inspectors

(1)    Powers of food inspectors. A food inspector 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 as conveying, delivering or preparing to deliver such article to a purchaser or consignee;

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

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

( c)  with the previous approval of the Local (health) Authority having jurisdiction in
the local area concerned, or with the previous approval of the food (Health ) Authority, to prohibit the sale of any article of food in the interest of public health.]

(2)    Any food inspector may enter and inspect any place where any article of food is manufactured, or stored for sale, or stored for the manufacture of any other article of food for sale, or exposed or exhibited for sale or where any adulterant is manufactured or kept, and take samples of such article of food or adulterant  for analysis:

Provided that no sample of any article of food, being primary food, shall be taken under this sub-section if it is not intended for sale as such food.]

(3)    Where any 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 the public shall be paid to the person from whom it is taken.

(4)    if any article intended for food appears to any food inspector to be adulterated or misbranded, he may seize and carry away or keep in the safe custody of the vendor such article in order that it may be dealt with as hereinafter provided 2 [and he shall, in either case, take a sample of such article and submit the same for analysis to a public analyst:]

(4a) Where any article of food seized under sub-section (4) is of a perishable nature and the Local (Health’) Authority is satisfied that such article of food is so deteriorated that it is unfit for human consumption, the said Authority may, after giving notice in writing to the vendor, cause the same to be destroyed.[

(5)    The power conferred by this section includes power to break open any package in which any article of food may be contained or to break open the door of any premises where any article of food may be kept for sale.

(6)    any adulterant found in the possession of a manufacturer or distributor of, or dealer in, any article of food or in any of the premises occupied by him as such] and for the possession of which he is unable to account to the satisfaction of the food inspector , 2* [and any books of account or other documents found in his possession or control and which would be useful for, or relevant to, any investigation or proceeding under this Act, may be seized by the food inspector] and 2 [ a sample of such adulterant] submitted for analysis to a public analyst:

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

(7B)      When any adulterant is seized under sub-section (6) the burden of proving that
            such adulterant is not meant for purposes of adulteration shall be on the person
            from whose possession such adulterant was seized.

(8)    Any food inspector may exercise the powers of a police officer 1* [under section 42 of the Code of Criminal Procedure, 1973] (2 of 1973} for the purpose of ascertaining the true name and residence of the person from whom a sample is taken or an article of food is seized.

(9)    Any food inspector exercising powers under this Act or under the rules made there under who

(a)   vexatiously and without any reasonable grounds of suspicion seizes any articles of food 2* [or adulterant]; or
(b)   commits any other act to the injury of any person without having reason to believe that such act is necessary for the execution of his duty; shall be guilty of an offence under this Act and shall be punishable for such offence 1* [with find which shall not be less than five hundred rupees but which may extend to one thousand rupees}.

Procedure to be followed by food inspectors

Procefure to be followed by food inspectors When a food inspector takes a sample of food for analysis, he shall-

(a)             give notice in writing then and there of his intention to have it so analyzed to the person from whom he has taken the sample and to the person, if any, whose name, address and other particulars have been disclosed under section 14A;

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

Provided that where such person refuses to sign or put his thumb impression the food inspector shall call upon one or more witnesses and take his or their signatures or thumb impressions, as the case may be, in lieu of the signature or thumb impression of such person;

(c)             (i) send one of the parts for analysis to the public analyst under intimation to the Local (Health) Authority; and
(ii)              Send the remaining two parts to the Local (Health)Authority for the purposes of sub-section (2) of this section and subsections (2A) and 2E) of section 13.

(3)    If it appears to the magistrate on taking such evidence as he may deem necessary-

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

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

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

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

(iv)       to be returned to the owner, on his executing a bond with or without sureties, for being sold under its appropriate name or, where the magistrate is satisfied that the article of food is capable of being made to conform to prescribed standards for human consumption after reprocessing, for being sold after reprocessing under the supervision of such officer as may be specified in the order;
(b)   that the adulterant seized under sub-section 6 of section 10 and produced.

Before him is apparently  of a kind which may be employed for purposes of adulteration and for the possession of which the manufacturer, distributor or dealer, as the case may be, is unable to account satisfactorily, he may order it to be forfeited to the Central Government, the State Government or the local authority, as the case may be.]

(4)    1* [If it appears to the magistrate that any such-

(a)   article of food is not adulterated: or
(b)   Adulterant which is purported to be an adulterant is not an adulterant.

The person from whose possession the article of food or adulterant was taken [shall be entitled to have it restored to him and it shall be in the discretion of the magistrate to award such person from such fund as the State Government may direct in this behalf, such compensation not exceeding the actual loss which he has sustained as the magistrate may think proper.

FOOD STANDARDS CODE IN INDIA

The code is a joint set of food labeling and composition standards developed especially for the Indian food industries. The most important food standards in India are as follows-

A)         The PFA standards

            The Prevention of Food Adulteration (PFA) standards were establish in 1955. These lay down the minimum standards for all types of foods and are received periodically to meet the requirement of the manufacturer and the consumer from time to time. If any food not conforming to these standards is said to be adulterated.

B)         FPO Standards

            The Fruit products Order (FPO) standards were passed in 1946 under the defense of India rules was received under the essential commodities act 1955. The FPO standards are mainly concerned with the standards required for maintaining the quality of fruits, vegetables and any products manufactured from them. The FPO also specified the conditions of hygiene and sanitation required to be maintained by manufacturers of fruit and vegetable products. In addition, the specifications for the labeling and packaging of these products have been laid down. Under the FPO it is necessary for the manufactures to get a license for the manufacture and sale of fruit and vegetable products. The license is only issued if the conditions of manufactures and the quality of the product conform to the standards laid down by the order.

The main objective of the PFA and FPO standards is to determine the minimum level of quality that can be attained, under the farming, manufacturing and retailing conditions in India.
C)        The Agmark Standards

            These standards are formulated on the physical and chemical charqacteristics of food both the natural as well as those acquired during processing product graded under “AGMARK” include vegetable oils, ghee, cream butter, rice, eggs, potatoes, spices, etc. These standards ensure accurate weights and correct selling practices.

D)        Indian Standards-ISI

            The Indian Standards Institute, whose certification mark is “ISI” seen on all products indicating conformity to laid down standards. The ISI is the national organization for Standardization and lays down criteria for standardization of Products material, practices and process. These standards cover vegetable and fruit product, spices, meat products Biscuits, Sweets, flour, texturised soya products, tea, coffee, or other beverages and so on.

The ISI is the national organization for standardization and lays down criteria for standardized of product, materials practices and possesses. It is also involved with the standardization of items like building materials, safety standards for equipments etc. which the caterer must be aware of when decisions regarding premises and equipment are required to be taken.

Certification marks stamped on packages of foods and food products whether they be ISI, FPO or AGMARK or any internationally recognized seal of quality help the consumer of the products to buy foods with confidence. The above stated marks represent the guarantee of quality. Licenses to manufacturer for the use of the ISI certification mark are granted only if the process of production and the state of the premises in which the food are to be handled meet the requirements laid down. The inspections are carried out by the staff of the Indian standards Institutions, or the Directorate of Inspection in the case of the FPO and AGMARK certification mark.





MENU LAWS AND LABELLING LAWS

The term LABLE means a display or Written, Printed, Graphic Printed, performed, Stenciled or stamped matter upon the container or crown of any food package.

The law on food labeling and composition is complex and subject to change.
The information below is not a definitive interpretation to the law as only Courts can provide a definitive interpretation. Neither is information given regarding guidance on weights and measures law, which also applies to food labels.

The Food Safety Act 1990 makes it an offence to sell food for human consumption which:

·        Is injurious to health

·        Fails to comply with food safety requirements

·        Is falsely described, labeled or advertised for sale.

·        Is not of the nature, substance or quality as demanded by the final consumer.

The Trade Descriptions Act 1968 makes it an offence to apply a false trade description to any goods or to offer to supply goods to which a false description is applied.

There are specific regulations enforced under the Food Safety Act 1990 such as:

·        The Food labeling Regulations, 1996 (as amended)

·        The Food Labelling (Amendment) Regulations 1998 and 1999

As per Rule 30 PFA Act

1.      Every package of Food shall carry Label with the name, Trade Mark of the product and description of food contained in the package.

2.      The name of ingredients used in the product in descending order of their composition by weight or volume as the case may be.

3.      The name and complete address of the manufacturer, importer and packer.

4.      The net weight or measure of volume of content.

5.      A distinctive batch No., Lot No., Code No. either in numerical or alphabets or combination.

6.      The Month and Year in which the product is manufactured and prepared clearly indicated and the distance between the word and line should not be less than 1.5 mm.

All labels should not contain false or misleading statements.

Labeling is of key importance under the code and requires  by Prevention of Food Adulteration Act 1954-

·        Name of Food – Food product must be accurately named and described  on the label.

·        Lot identification – premises where the food is packaged and/ or prepared  and the batch it come from.

·        Name and Address – the suplier’s name and business street address  must be displayed.

·        Mandatory warning statements,  advisory statements and declarations for certain ingredients/ substances-some product require special advisory statements or warnings about the food or ingredients.

·        Ingredient List-  ingredients must be listed by their common name, a description or generic name. Ingredients are the substances used in the preparation, manufacture and handling of fod and include food additives, compound ingredients and added water.

·        Food Additives--  the class name of the additive, followed by its specific name or code number, must be declared. Where an additive is a vitamin or mineral, that name may be used.

·        Date making- most packaged foods with a shelf life of less than two years must have either a use by date, a best before date or a baked on date.

·        Directions for use and storage -  must indicate the period that all food will keep for, indicated by a date mark and the necessary storage requirements.

·        Nutritional Information -  a panel should display a range of information including average quantities  or minimum/ maximum quantities.

·        Percentage labeling -  the percentage of characterizing ingredients, and / or components of most food products must be indicated on the label.

·        Net content – this is required under the Weight and Measures  regulation Act 1976.

Basic labeling requirement

Basic information required by law to appear on labels of most pre-packed foods includes the following.

Name of the food-

The name should be sufficiently precise to inform the purchaser of the true nature of the food. It may be necessary to add a qualifying statement to clarify the name example “Vegetable Samosa-a spicy vegetable filled pastry parcel.”

If there is a name prescribed by law this must be used e.g. “prawns”. Reserved names may only be used for foods meeting specific compositional criteria e.g. coffee, chocolate, and jam. Customary names that have become accepted in the UK without further explanation may also be used example “Cream Crackers” or “Muesli”.

List of Ingredients:-

All the ingredients of the foods, headed by the word “Ingredients” (or a phrase including that word), must be listed in descending order of weight.. Certain categories of ingredients such as additives must be identified by category name , e.g. serial number, e.g. “ sodium nitrate” or “E250”.

Claims – Nutritional Information-

Some claims are prohibited, example claims that food can prevent, treat or cure diseases or other “adverse conditions.”

Nutritional claims about food such as “reduced energy”, “rich in vitamins” etc., can only be made if the food meets set compositional standards. Such claims also require the provision of nutritional information. All nutritional information must be given in the form specified in the regulations.
CENTRAL COMMITTEE FOR FOOD STANDARDS AND CENTRAL FOOD LABORATORY

The Central Committee for Food Standards :- (1) The Central Government shall, as soon as may be after the commencement of this Act, constitute a committee called the Central Committee for
Food standards to advise the Central Government and the State Governments on matters arising out of the administration of this Act and to carry out the other functions assigned to it under this Act.
(2) The committee shall consist of the following members, namely:-
(a) The Director General, Health Services ex-officio, who shall be the chairman;
1[(b) The Director of the Central Food Laboratory, or, in a case where more than one Central Food Laboratory is established, the Directors of such Laboratories, ex-officio;]
(c) two experts nominated by the Central Government ;
(d) one representative each of the Departments of Food and Agriculture in the Central Ministry of Food and Agriculture and one representative each of the Central Ministries of Commerce, Defence, Industry and Supply and Railways,  nominated by the Central Government.



FOOD SAFETY AND STANDARDS ACT 2006


THE FOOD SAFETY AND STANDARDS ACT, 2006
[23rd August, 2006.]
An Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto.
PRELIMINARY
Food Safety and Standards Act, 2006 is extended to the whole of India.
Definitions -
(a) "Adulterant" means any material which is or could be employed for making the food unsafe or sub-standard or mis-branded or containing extraneous matter;
(b) "advertisement" means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website and includes through any notice, circular, label, wrapper, invoice or other documents;
(c) "Chairperson" means the Chairperson of the Food Authority;
(d) "Claim" means any representation which states, suggests or implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, and composition or otherwise;
(e) "Commissioner of Food Safety" means the Commissioner of Food Safety appointed under section 30;
 (f) " Consumer" means persons and families purchasing and receiving food in order to meet their personal needs;
(g) "contaminant" means any substance, whether or not added to food, but which is present in such food as a result of the production (including operations carried out in crop husbandry, animal husbandry or veterinary medicine), manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food or as a result of environmental contamination and does not include insect fragments, rodent hairs and other extraneous matter.

Indian  Patent Act.

        Patent Right varies from country to country. In India the law which govern patent right is "Indian Patent Act 1970". Indian Patent Act, 1970 grants exclusive right to the inventor for his invention for limited period of time. Generally 20 years time has been granted to the patent holder but in case of inventions relating to manufacturing of food or drugs or medicine it is for seven years from the date of patent. There is certain legal procedure which needs to be followed in order to register. There are several attorney helping inventor in patent registration by providing them best well informed knowledge. In India patent registration can be filed individually or jointly. In case of deceased inventor this can be done his legal representative on behalf of him. All the required documents need to be filed along with the application form. Only after verification registration certificate is provided to the applicant.

Indian patent law
        Indian patent law tells the important aspects of Indian Patent Act, 1970. India patent Act, 1970 differentiates patentable and non-patentable inventions. It means distinction is made between invention and process of invention. Person should have been true inventor of the product in order to be eligible under Indian law. Person whom patent right has been granted is known as patentee. Patentee has monopoly right over creation, right to surrender, right to give patent to some other person. This right is given by a state in order to safeguard and protect his invention. Under Patent Act, right to prevent others from making any use, selling or distributing the invented patent without any permission from patentee. In case there is an infringement of the patentee's law then a suit may be filed for infringement. 
Indian Trademark Act.
Trademark Act
      Trademark Act has made many things convenient for proprietor and the consumer of the goods. Trademark is protected under law. Trademark Act provides exclusive and monopoly right to the owner of the product. Trademark could be in the form of symbol, sign, word, mark or may be any combination. When any product or item comes into market then it contain some identification mark so that people could easily differentiate between two brands therefore we can say that every product has some trademark which is its identification mark to distinguish it from other products. Trade Mark is protected under law. Trademark is registered under The Trade Mark Act, 1999. This The Trademark Act, 1999 provides an exclusive right to the person to sell his goods under particular Trademark.

Indian Trademark Act
      Trademark Act, 1999 have some distinguished features then Trade and Merchandisers Marks Act, 1958. According to Trademark Act, 1999 duration of registration has been extended to 10 years which was initially 7 years. Now registration procedure is much simpler and it includes registration of service marks and collective marks also. Prior to 1940 there was no such law of trademark, it started in 1940 only. Once the Trade and Merchandise Act, 1958 has been repealed since then The Trade Mark Act, 1999 is governed.

Trademark Attorney
      Trademark attorney is helping business and inventors worldwide. Trademark Attorney could be a person, who can act in trademark matters, or a firm who can provide legal and expertise advice on trademark. In many countries trademark attorneys are separate legal professionals, working as lawyers. They monitor the procedure and also provide advice, guidance in trademark filing and registration, handle oppositions and carry out search. Trademark is not only a valuable asset of the company but also goodwill of company. It needed to be protected under law which means it needs expert's advice, which should be accurate and appropriate. Trademark attorney's main aim is to provide best satisfactory service to clients and associates. Trademark Attorney firm consist team of highly qualified professionals. The legal service which they offer is really very useful for the clients. It helps in making and taking necessary decisions in respect of trademark. It is advisable to take help from trademark attorney's in order to avoid any complications and undesirable legal issues as these trademark attorney's are specialised in providing qualitative legal services to their clients and developing and obtaining trademarks in India. 


Cases
Insect Infestation : A sample of suji analysed after about 6 days. It is possible that insects may develop after the sample was taken, since public analyst did not mention about living insects in the same.
The term insects infested means a swarm of insects or at least a large number of insects. (Municipal Corpn. Delhi VS. Shri Ramji Das) Delhi High Court, FAC 1988 (II) 20.
– Milk sample contained one dead fly, which would not make the milk to be infested (State of Punjab VS. Mahinder Singh) Punjab and Haryana High Court, FAC 1985 (II) 44.
– Mere presence eggs of in an article of food and with no living insect visible to the naked eye cannot be held that the article of food is insect infested (Municipal Corporation Delhi VS. Badrinath) Delhi High Court



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