The PREVENTION OF FOOD ADULTERATION ACT, 1954

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THE PREVENTION OF FOOD ADULTERATION ACT, 1954  
(37 OF 1954) 
[29th September, 1954  
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: — 
 
 
PRELIMINARY 
 
 
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 India . 
 
(3) It shall come into force on such date2 as the Centr al Government may, by notification in the 
Official Gazette, appoint. 
 
 
2. Definitions — 
 
In this Act unless the context otherwise requires,— 
 
(i) " adulterant " means any material which is or could be employed for t he purposes of 
adulteration; 
 
(ia) " adulterated "—an article of food shall be deemed to be adulterated— 
 
(a) if the article sold by a vendor is not of the natur e, 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 substi tuted 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 had been prepared, packed or kept under ins anitary conditions whereby 
it has become contaminated or injurious to health; 
 
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(f) if the article consists wholly or in part of any f ilthy, putrid, , rotten, decomposed or 
diseased animal or vegetable substance or is insect-infes ted 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 ingred ient which renders it injurious to 
health; 
 
(i) if the container of the article is composed, whethe r wholly or in part, of any 
poisonous or deleterious substance which renders its contents injurious to health; 
 
(j) if any colouring matter other than that prescribed in respect thereof is present in the 
article, or if the amounts of the prescribed colourin g matter which is present in the 
article are not within the prescribed limits of variability; 
 
(k) if the article contains any prohibited preservative o r permitted preservative in excess 
of the prescribed limits; 
 
(l) if the quality or purity of the article falls below  the prescribed standard or its 
constituents are present in quantities not within the presc ribed limits of variability, but 
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 pres cribed 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 pr esent 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. 
 
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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 ar ticle shall not be deemed to be 
adulterated within the meaning of this clause; 
 
(ii) " Central Food Laboratory " means any laboratory or institute established or speci fied 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: 
 
Provided that no person who has any financial interest i n the manufacture, import or sale of any 
article of food shall be appointed to be a Director under this clause ; 
 
(v) " food " means any article used as food or drink for human consu mption other than drugs and 
water and includes— 
 
(a) any article which ordinarily enters into, or is u sed 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; 
 
(vi) " Food (Health) Authority " means the Director of Medical and Health Services o r 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 l ocal 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 G azette, to be a local area for the purposes 
of this Act; 
 
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(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 presc ribed by the Central 
Government or the State Government under this Act; 
 
(viiia) " Local (Health) Authority ", in relation to a local area, means the officer appointed by the 
Central Government or the State Government, by notifica tion 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 man ufacture 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 so ld, 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 ma de 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 pr epared by or at the instance of 
the manufacturer or producer and which bear his name and addres s, 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 contain ed therein, which is false or 
misleading in any material particular; or if the package i s otherwise deceptive with 
respect to its contents; 
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(h) if the package containing it or the label on the packa ge 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 spe cial 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 pur chaser as to its value for such 
uses; 
 
(j) if it contains any artificial flavouring, artificia l colouring or chemical preservative, 
without a declaratory label stating that fact, or in c ontravention of the requirements of 
this Act or rules made thereunder; 
 
(k) if it is not labelled in accordance with the requirem ents of this Act or rules made 
thereunder; 
 
(x) " package " means a box, bottle, casket, tin, barrel, case, rec eptacle, 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; 
 
(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 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. 
 
COMMENTS 
 
(i) Even mere addition of salt to chili powder makes it injurious to health as it was still 
considered adulterated within the meaning of sub-clause (m) of clause (ia) of section 2 of the Act 
on the ground that the quantity and purity of the article fa lls below the prescribed standard ; 
Gauranga Aich v. State of Assam,  1990 (2) FAC 41. 
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(ii) Liquor (including country liquor) is an article used as  a drink and is meant for human 
consumption and for the purposes of the Prevention of Foo d Adulteration Act, 1954 is included 
in the definition of "food" under clause (v) of section 2; State of Himachal Pradesh  v. Raja Ram,  
1990 (2) FAC 231. 
 
 
2A. 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 to the corresponding law, if any, in force in 
that State. 
 
 
CENTRAL COMMITTEE FOR FOOD STANDARDS AND CENTRAL 
FOOD LABORATORY 
 
 
3. The Central Committee for Food Standards — 
 
(1) The Central Government shall, as soon as may be af ter the commencement of this Act, 
constitute a Committee called the Central Committee f or 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; 
 
(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 ea ch of the Central Ministries of 
Commerce, Defence, Industry and Supply and Railways, nom inated by the Central 
Government; 
 
(e) one representative each nominated by the Government of each State; 
 
(f) two representatives nominated by the Central Governm ent to represent the Union 
territories; 
 
(g) one representative each, nominated by the Central Go vernment, to represent the 
agricultural, commercial and industrial interests; 
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(gg) five representatives nominated by the Central Government to represent the consumers, 
interests, one of whom shall be from the hotel industry; 
 
(h) one representative of the medical profession nomi nated by the Indian Council of 
Medical Research; 
 
(i) one representative nominated by the Indian Standards Institution referred to in clause (e) 
of section 2 of the Indian Standards Institution (Certif ication Marks) Act, 1952 (36 of 
1952). 
 
(3) The members of the Committee referred to in clause s (c), (d), (e), (f), (g), (gg), (h), and (i) of 
sub-section (2) shall, unless their seats become vacant e arlier by resignation, death or otherwise, 
be entitled to hold office for three years and shall be eligible for renomination. 
 
(4) The functions of the Committee may be exercised notwithstanding any vacancy therein. 
 
(5) The Committee may appoint such and so many sub-committ ees as it deems fit and may 
appoint to them persons who are not members of the Commit tee to exercise such powers and 
perform such duties as may, subject to such conditions, if  any, as the Committee may impose, be 
delegated to them by the Committee. 
 
(6) The Committee may, subject to the previous approval of  the Central Government, make bye 
laws for the purpose of regulating its own procedure and the transaction of its business. 
 
 
3A. 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. 
 
 
4. Central Food Laboratory — 
 
(1) The Central Government shall, by notification in th e Official Gazette, establish one or more 
Central Food Laboratory or Laboratories to carry out t he 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 wi th the Committee, make rules 
prescribing— 
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(a) the functions of a Central Food Laboratory and th e local area or areas within 
which such functions may be carried out; 
 
(b) the procedure for the submission to the said Laborat ory of samples of articles of 
food for analysis or tests, the forms of the Laborat ory’s reports thereon and the fees 
payable in respect of such reports; 
 
(c) such other matters as may be necessary or expedie nt to enable the said laboratory 
to carry out its functions. 
 
 
GENERAL PROVISIONS AS TO FOOD 
 
 
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 lice nce 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. 
 
 
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 1878), shall, subject to the 
provisions of section 16 of this Act, apply in respect of a rticles of food, the import of which is 
prohibited under section 5 of this Act, and officers of Cus toms and officers empowered under 
that Act to perform the duties imposed thereby on a Custom s Collector and other officers of 
Customs shall have the same powers in respect of such ar ticles 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 i n 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 r eport 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. 
 
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7. Prohibitions of manufacture, sale, etc ., of certain articles of food — 
 
No person shall himself or by any person on his behalf man ufacture 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 lice nce 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) Authority in the interest of public health; 
 
(v) any article of food in contravention of any other provision of this Act or of any rule 
made thereunder; or 
 
(vi) any adulterant. 
 
Explanation .—For the purposes of this section, a person shall be deeme d to store any 
adulterated food or misbranded food or any article of food r eferred 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. 
 
 
ANALYSIS OF FOOD 
 
 
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 qual ifications to be public analysts for 
such local areas as may be assigned to them by the Cen tral Government or the State 
Government, as the case may be: 
 
Provided that no person who has any financial interest i n the manufacture, import or sale 
of any article or food shall be appointed to be a public analyst under this section: 
 
Provided further that different public analysts may be appoin ted for different articles of 
food. 
COMMENTS 
 
Section 8 postulates that it is open to the State Gover nment to appoint more than one Public 
Analyst to any local area or areas and both would co-e xist to have power and jurisdiction to 
analyse an article or articles of food covered under the  Act to find out whether the same is 
adulterated; State of U.P.  v. Hanif,  AIR 1992 SC 1121. 
 
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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 pr escribed qualifications to be food 
inspectors for such local areas as may be assigned to th em by the Central Government or the 
State Government, as the case may be: 
 
Provided that no person who has any financial interest i n 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 se rvant within the meaning of section 21 
of the Indian Penal Code (45 of 1860) and shall be officiall y subordinate to such authority as the 
Government appointing him, may specify in this behalf. 
 
 
10. Powers of food inspectors — 
 
(1) 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 of conveying, deliveri ng or preparing to 
deliver 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 analy st for the local area within which       
such sample has been taken; 
 
(c) with the previous approval of the Local (Health) Auth ority having jurisdiction in the 
local area concerned, or with the previous approval of t he Food (Health) Authority, to 
prohibit the sale of any article of food in the interest of public health. 
 
Explanation  — For the purposes of sub-clause (iii) of clause (a), " consignee " does not include 
a person who purchases or receives any article of food for his own consumption. 
 
(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 manu facture of any other article of food for 
sale, or exposed or exhibited for sale or where any adulte rant 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 prim ary food, shall be taken under 
this sub-section if it is not intended for sale as such food. 
 
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(3) Where any sample is taken under clause (a) of sub-sec tion (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: and he shall, in either case, take a sample of such 
article and submit the same for analysis to a public analyst: 
 
Provided that where the food inspector keeps such article i n the safe custody of the 
vendor he may require the vendor to execute a bond for a sum of money equal to the value of 
such article with one or more sureties as the food inspec tor deems fit and the vendor shall 
execute the bond accordingly. 
 
(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 artic le of food is so deteriorated that it is unfit for 
human consumption, the said Authority may, after giving no tice in writing to the vendor, cause 
the same to be destroyed. 
 
(5) The power conferred by this section includes power to br eak 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: 
 
Provided that the power to break open the package or door s hall be exercised only after 
the owner or any other person in charge of the package or,  as the case may be, in occupation of 
the premises, if he is present therein, refuses to open the package or door on being called upon to 
do so, and in either case after recording the reasons for doing so: 
 
Provided further that the food inspector shall, in exercising the powers of entry upon, and 
inspection of any place under this section, follow, as far as may be, the provisions of the Code of 
Criminal Procedure, 1973 (2 of 1974) relating to the search or ins pection of a place by a police 
officer executing a search warrant issued under that Code. 
 
(6) Any adulterant found in the possession of a manufacture r 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, 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 a sample 
of such adulterant submitted for analysis to a public analyst: 
 
Provided that no such books of account or other documents s hall be seized by the food 
inspector except with the previous approval of the authority to which he is officially subordinate. 
 
(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 call one o r more persons to be present at the time 
when such action is taken and take his or their signatures. 
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(7A) Where any books of account or other documents are seiz ed under sub-section (6), the food 
inspector shall within a period not exceeding thirty days from the date of seizure, return the same 
to the person from whom they were seized after copies thereof or extracts therefrom as certified 
by that person in such manner as may be prescribed have been taken: 
 
Provided that where such person refuses to so certify, an d a prosecution has been 
instituted against him under this Act, such books of account or  other documents shall be returned 
to him only after copies thereof or extracts therefrom as certified by the court have been taken. 
 
(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 polic e officer under section 42 of the Code 
of Criminal Procedure, 1973 (2 of 1974) for the purpose of ascerta ining 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 unde r the rules made thereunder 
who— 
(a) vexatiously and without any reasonable grounds of suspi cion seizes any article of 
food 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 with f ine which shall not be 
less than five hundred rupees but which may extend to one thousand rupees. 
 
COMMENTS 
 
(i) It is not the law that the evidence of a Food Insp ector must necessarily need corroboration 
from independent witnesses. The evidence of the Food Inspec tor is not inherently suspected, nor 
should it be rejected on that ground. He discharges the public function in purchasing an article of 
food for analysis and if the article of food so purchased in the manner prescribed under the Act is 
found adulterated, he is required to take action as per the  law. He discharges the public duty. His 
evidence is to be tested on its own merits and if found a cceptable, the court would be entitled to 
accept and rely on to prove prosecution case; State of U.P.  v. Hanif,  AIR 1992 SC 1121. 
 
(ii) Where sample was not sent by Food Inspector or by th e complainant without following the 
procedure as laid down in the Act, cognizance is bad and is in c ontravention of the law; Yamuna 
Sah  v.  State of Bihar,  1990 (2) FAC 16. 
 
(iii) The Food Inspector shall call one or more persons present at the time of taking of a sample; 
State of Orissa v.  K. Appa Rao Subudhi,  1990 (2) FAC 189; State of Assam v. Sumermal Jain,  
1990 (2) FAC 223. 
 
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(iv) The Food Inspector is a public servant. There is no  cogent reason to disbelieve his evidence; 
Ram Gopal Aggarwal  v. S.M. Mitra,  1989 (2) FAC 339. 
 
(v) Where outsiders who were present at the spot refus ed to be cited as witness and went away, 
then the Food Inspector did not fault in calling independent  witnesses; Laxmidhar Saha  v. State 
of Orissa,  1989 (1) FAC 364. 
 
 
11. Procedure to be followed by food inspectors — 
 
(1) When a food inspector takes a sample of food for analysis, he shall— 
 
(a) give notice in writing then and there of his intenti on to have it so analysed to the 
person from whom he has taken the sample and to the pers on, if any, whose name, 
address and other particulars have been disclosed under section 14A; 
 
(b) except in special cases provided by rules under this Ac t, divide the sample then and 
there into threes parts and mark and seal or fasten up ea ch 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 hi s 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  of 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 sub-sections (2A) and (2E) of section 13. 
 
(2) Where the part of the sample sent to the public ana lyst under sub-clause (i) of clause (c) of 
sub-section (1) is lost or damaged, the Local (Health) Aut hority shall, on a requisition made to it 
by the public analyst or the food inspector despatch one of the parts of the sample sent to it under 
sub-clause (ii) of the said clause (c) to the public analyst for analysis. 
 
(3) When a sample of any article of food or adulterant is  taken under sub-section (1) or sub-
section (2) of section 10, the food inspector shall, by t he immediately succeeding working day, 
send a sample of the article of food or adulterant or both , as the case may be, in accordance with 
the rules prescribed for sampling to the public analyst for the local area concerned. 
 
(4) An article of food seized under sub-section (4) of s ection 10, unless destroyed under sub-
section (4A) of that section, and any adulterant seized under sub-section (6) of that section shall 
be produced before a magistrate as soon as possible and in a ny case not later than seven days 
after the receipt of the report of the public analyst: 
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Provided that if an application is made to the magistrat e in this behalf by the person from 
whom any article of food has been seized, the magistrat e shall by order in writing direct the food 
inspector to produce such article before him within such time as may be specified in the order. 
 
(5) 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- section (4) is adulterated or 
misbranded, he may order it— 
 
(i) to be forfeited to the Central Government, the St ate 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 again exposed for sale or used for 
food under its deceptive name; or 
 
(iv) to be returned to the owner, on his executing a bo nd with or without sureties, 
for being sold under its appropriate name or, where the ma gistrate 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 a dulteration 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 forfeite d to the Central Government, the State 
Government or the local authority, as the case may be. 
 
(6) 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 n ot 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 direc t in this behalf, such 
compensation not exceeding the actual loss which he has sus tained as the magistrate 
may think proper. 
 
COMMENTS 
 
(i) The sub-section (3) of section 11 is directory and not  mandatory in nature; Binda Prasad v. 
State , 1995 (1) FAC 43. 
 15  
(ii) The requirement of section 11 of the Act is that the Food Inspector shall take the sample and 
divide it there and then in three parts and mark and seal e ach part in such a manner as its natural 
way permits and take signature or thumb impression of t he person from whom the sample has 
been taken; State of Rajasthan v. Naresh Chand,  1989 (1) FAC 338. 
 
(iii) The responsibility of the Food Inspector is only to  send the sample not later than the 
immediately succeeding working day to the Public Analyst.  The method in which he has to send 
it is not specified in section 11(3) of the Act; Food Inspector  v. Noor Mohammed,  1989 (1)FAC 
371. 
 
 
12. Purchaser may have food analysed  — 
 
Nothing contained in this Act shall be held to prevent a purc haser of any article of food other 
than a food inspector or a recognised consumer association , whether the purchaser is a member 
of that association or not from having such article anal ysed by the public analyst on payment of 
such fees as may be prescribed and from receiving from the public analyst a report of his 
analysis: 
 
Provided that such purchaser or recognised consumer associat ion shall inform the vendor at the 
time of purchase of his or its intention to have such article so analysed: 
 
Provided further that the provisions of sub-section (1), s ub-section (2) and sub-section (3) of 
section 11 shall, as far as may be, apply to a purchase r of article of food or recognised consumer 
association, who or which intends to have such articles  so analysed, as they apply to a food 
inspector who takes a sample of food for analysis: 
 
Provided also that if the report of the public analyst sho ws that the article of food is adulterated, 
the purchaser or recognised consumer association shall be entitled to get refund of the fees paid 
by him or it under this section. 
 
Explanation — For the purpose of this section and section 20, " recognised consumer  
association " means a voluntary consumer association registered und er the Companies Act, 1956 
(1 of 1956), or under any other law for the time being in force. 
 
 
13. Report of public analyst —  
 
(1) The public analyst shall deliver, in such form as may be prescribed, a report to the Local 
(Health) Authority of the result of the analysis of any article of food submitted to him for 
analysis. 
 
(2) On receipt of the report of the result of the analysis under sub-section (1) to the effect that the 
article of food is adulterated, the Local (Health) Auth ority shall, after the institution of 
prosecution against the persons from whom the sample o f the article of food was taken and the 
person, if any, whose name, address and other particulars have been disclosed under section 14A, 
 16  
forward, in such manner as may be prescribed, a copy of the report of the result of the analysis to 
such person or persons, as the case may be, informing su ch person or persons that if it is so 
desired, either or both of them may make an application  to the court within a period of ten days 
from the date of receipt of the copy of the report to ge t the sample of the article of food kept by 
the Local (Health) Authority analysed by the Central Food Laboratory. 
 
(2A) When an application is made to the court under sub-s ection (2), the court shall require the 
Local (Health) Authority to forward the part or parts o f the sample kept by the said Authority 
and upon such requisition being made, the said Authority shall  forward the part or parts of the 
sample to the court within a period of five days from the date of receipt of such requisition. 
 
(2B) On receipt of the part or parts of the sample from the Local (Health) Authority under sub-
section (2A), the court shall first ascertain that th e mark and seal or fastening as provided in 
clause (b) of sub-section (1) of section 11 are intact and the signature or thumb impression, as the 
case may be, is not tampered with, and despatch the part or , as the case may be, one of the parts 
of the sample under its own seal to the Director of t he Central Food Laboratory who shall 
thereupon send a certificate to the court in the prescribed form within one month from the date of 
receipt of the part of the sample specifying the result of the analysis. 
 
(2C) Where two parts of the sample have been sent to t he court and only one part of the sample 
has been sent by the court to the Director of the Central Food Laboratory under sub-section (2B), 
the court shall, as soon as practicable, return the rem aining part to the Local (Health) Authority 
and that Authority shall destroy that part after the ce rtificate from the Director of the Central 
Food Laboratory has been received by the court: 
 
Provided that where the part of the sample sent by the c ourt to the Director of the Central 
Food Laboratory is lost or damaged, the court shall requir e the Local (Health) Authority to 
forward the part of the sample, if any, retained by it t o the court and on receipt thereof, the court 
shall proceed in the manner provided in sub-section (2B). 
 
(2D) Until the receipt of the certificate of the resu lt of the analysis from the Director of the 
Central Food Laboratory, the court shall not continue with the proceedings pending before it in 
relation to the prosecution. 
 
(2E) If, after considering the report, if any, of the food inspector or otherwise, the Local (Health) 
Authority is of the opinion that the report delivered by t he public analyst under sub-section (1) is 
erroneous, the said Authority shall forward one of the parts of the sample kept by it to any other 
public analyst for analysis and if the report of the res ult of the analysis of that part of the sample 
by that other public analyst is to the effect that the article of food is adulterated, the provisions of 
sub-sections (2) to (2D) shall, so far as may be, apply. 
 
(3) The certificate issued by the Director of the Centr al Food Laboratory under sub-section (2B) 
shall supersede the report given by the public analyst under sub-section (1). 
 
(4) Where a certificate obtained from the Director of the Central Food Laboratory under sub-
section (2B) is produced in any proceeding under this Act, or  under sections 272 to 276 of the 
Indian Penal Code (45 of 1860), it shall not be necessary in such proceeding to produce any part 
of the sample of food taken for analysis. 
 17  
(5) Any document purporting to be a report signed by a public a nalyst, unless it has been 
superseded under sub-section (3), or any document purporting t o be a certificate signed by the 
Director of the Central Food Laboratory, may be used as  evidence of the facts stated therein in 
any proceeding under this Act or under sections 272 to 276 of the  Indian Penal Code (45 of 
1860): 
 
Provided that any document purporting to be a certificate s igned by the Director of the 
Central Food Laboratory [not being a certificate with respect to the analysis of the part of the 
sample of any article of food referred to in the proviso  to sub-section (1A) of section 16 shall be 
final and conclusive evidence of the facts stated therein. 
 
Explanation  — In this section, and in clause (f) of sub-section (l ) of section 16, " Director of the  
Central Food Laboratory " shall include the officer for the time being in charge of  any Food 
Laboratory (by whatever designation he is known) recognised by the Central Government for the 
purposes of this section. 
 
COMMENTS 
 
(i) The provision of sub-section (2) of section 13 of th e Act is mandatory in nature; Bijaya 
Kumar Ram  v. State,  1989 (1) FAC 394. 
 
(ii) Sub-section (2) of section 13 of the Act confers valuable right on the accused under which 
provision the accused can make an application to the court  within a period of 10 days from the 
receipt of copy of the report of Public Analyst to get the samples of food analysed in the Central 
Food Laboratory and in case the sample is found by the said Central Food Laboratory unfit for 
analysis due to decomposition by passage of time or for any  other reason attributable to the 
lapses on the side of prosecution, that valuable right wo uld stand denied. This would constitute 
prejudice to the accused entitling him to acquittal but me re delay as such will not per se  be fatal 
to the prosecution case even in cases where the sample continues to remain fit for analysis inspite 
of the delay because the accused is in no way prejudiced on the merits of the case in respect of 
such delay; T.V. Usman  v. Food Inspector, Tellicherry Municipality,  AIR 1994 SC 1818. 
 
(iii) An accused is entitled under sub-section (2) of se ction 13 of the Act to prove his innocence 
by getting his sample analysed from Central Food Laborato ry which supersedes the report of the 
public analyst for ensuring a fair trial; Srinivas Pradhan  v. State of Orissa , 1990 (2) FAC 101. 
 
 
MISCELLANEOUS 
 
 
14. Manufacturers, distributors and dealers to give warranty — 
 
No manufacturer or distributor of, or dealer in any articl e of food shall sell such article to any 
vendor unless he also gives a warranty in writing in the pr escribed form about the nature and 
quality of such article to the vendor: 
 18  
Provided that a bill, cash memorandum or invoice in respe ct of the sale of any article of food 
given by a manufacturer or distributor of, or dealer in,  such article to the vendor thereof shall be 
deemed to be a warranty given by such manufacturer, distributor or dealer under this section. 
 
Explanation —  In this section, in sub-section (2) of section 19 and in  section 20A, the 
expression " distributor " shall include a commission agent. 
 
 
14A. Vendor to disclose the name, etc.,  of the person from whom the article of food was 
purchased — 
 
Every vendor of an article of food shall, if so requi red, disclose to the food inspector the name, 
address and other particulars of the person from whom he purchased the article of food. 
 
 
15. Notification of food poisoning — 
 
The Central Government or the State Government may, by notification in the Official Gazette, 
require medical practitioners carrying on their professio n in any local area specified in the 
notification to report all occurrences of food poisoning coming within their cognizance to such 
officer as may be specified in the notification. 
 
 
16. Penalties — 
 
(1) Subject to the provisions of sub-section (1A) if any person— 
 
(a) whether by himself or by any other person on his behal f, imports into India or 
manufactures for sales or stores, sells or distributes any article of food— 
 
(i) which is adulterated within the meaning of sub-clause (m ) of clause (ia) of 
section 2 or misbranded within the meaning of clause (ix) o f that section or the 
sale of which is prohibited under any provision of this Act or  any rule made 
thereunder or by an order of the Food (Health) Authority; 
 
(ii) other than an article of food referred to in su b-clause (i), in contravention of 
any of the provisions of this Act or of any rule made thereunder; or 
 
(b) whether by himself or by any other person on his behalf , imports into India or 
manufactures for sales or stores, sells or distribute s any adulterant which is not injurious 
to health; or 
 
(c) prevents a food inspector from taking a sample as authorised by this Act; or 
 
(d) prevents a food inspector from exercising any other pow er conferred on him by or 
under this Act; or 
 19  
(e) being a manufacturer of an article of food, has in his possession, or in any of the 
premises occupied by him, any adulterant which is not injurious to health; or 
 
(f) uses any report or certificate of a test or analysi s made by the Director of the Central 
Food Laboratory or by a public analyst or any extract ther eof for the purpose of 
advertising any article of food; or 
 
(g) whether by himself or by any other person on his behal f, gives to the vendor a false 
warranty in writing in respect of any article of food so ld by him, he shall, in addition to 
the penalty to which he may be liable under the provision s of section 6, be punishable 
with imprisonment for a term which shall not be less t han six months but which may 
extend to three years, and with fine which shall not be less than one thousand rupees: 
 
Provided that— 
 
(i) if the offence is under sub-clause (i) of clause (a)  and is with respect to an article 
of food, being primary food, which is adulterated due to hu man agency or is with 
respect to an article of food which is misbranded within the meaning of sub-clause (k) 
of clause (ix) of section 2; or 
 
(ii) if the offence is under sub-clause 

Excerpt shown. Open the full act in Lexace.

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