Food Adulteration

The offense, like Food Adulteration, is a threat to society, and leaving its culprits is a sin as well. With time, the facilities like on-door food delivery services, food offers, discount coupons, frozen food, premixes, packaged food have evolved. However, these facilities have made the people not only lazy but also casual in their approach, as nowadays, they do not pay attention to the ingredients and the flavoring agents being used in the preparation of packaged food.

As a result, many manufactures have started taking advantage of this heedless approach by serving fumed, intoxicated, and adulterated food to the consumers. Moreover, at times, they print the list showing ingredients just for the sake of branding.

Further, in India, the Prevention of Food Adulteration Act, 1954, and the FSS Act, 2006, provides rules and regulations concerning adulteration of food. Both of these acts also make sure that every individual living in India eats only that food, which is not only of good quality but is also safe for consumption. 

What Is Food Adulteration?

According to Section 2(a) of the Prevention of Food Adulteration Act, 1954, the term “adulterated” food means as follows:

• If the food item sold is not of the substance, quality, or nature, that of demanded by the customer.
• If the said food product does not obey to the substance, nature, or quality which was earlier represented, then also it can be termed as an adulterated food.
• Whenever a food item comprises any substance, component of inferior quality, which might affect the health of the person consuming.
• Any food item packed, prepared, or preserved under unsanitary, or unhygienic conditions, therefore, lead to adulteration of such food items.
• If in case, a food item is acquired from a deceased animal.
• If in case, the said food item is wholly or in part is putrid, filthy, rotten, decayed, or made out of a sick animal.
• If in case, the vegetable includes pesticides or insecticides, or is unsuitable for human consumption in any way.
• Food items including any poisonous, noxious, or any other such component which might be harmful to health.
• Food item consisting of any forbidden preservative, or any permitted preservative used beyond the prescribed threshold.
• If in case, the quality of the food item is lower than the prescribed criteria, or comprises ingredients which are not within the acceptable limit.
• Any other reason as specified.

However, if in case the purity, or the quality of the food item gets depreciated, because of, any natural factor, then it will not be termed as food adulteration.

Further, the term Food adulteration also encompasses the display of any misleading or ambiguous advertisement aiming for the sale of any food article.

What is a Food?

The definition of the term food is exhaustive and includes the listed below:

• Any article or drink used in the preparation of food item;
• Any condiments or flavoring agents;
• Any other article as specified by the Central Government;

What are the causes of food adulteration?

The problem of Food Adulteration is a long-term, dating back from the ancient times. It can either be intentional which intends to generate more profits out of the products sold, or the same can be unintentional as well, which is caused due to the natural factors or any other such reason. Further, based on the type of food adulterant, the term food adulteration has been bifurcated into three parts:

• Intentional Adulterants
• Incidental Adulterants
• Metallic Adulterants

Other causes of food adulteration are as follows:

• Presence of poisonous
• Deleterious substances
• Filth
• Foreign matter
• Microbiological contamination

What are the steps taken by the Central Government against Food Adulteration?

Nowadays, the Indian Government is constantly taking steps against the menace of food adulteration. The following are some of the steps taken by the government:

• The Food Safety and Standard [Licensing and Registration of Food Business] Regulations, 2011.
• The Food Safety and Standard [Packing and Labelling] Regulations, 2011.
• The Food Safety and Standard [Laboratory and Sampling Analysis] Regulations, 2011.
• The Food Safety and Standard [Food Product Standards and Food Additives] Regulations, 2011.

What are the Objectives of Food Safety Measures taken by the Central Government?

The listed below are the objectives behind the introduction of measures for maintaining food safety:

• Protection from the harmful food products;
• Restriction of the businesses using sub-standard material;
• To safeguard the consumer interest;
• Prevention of deceitful practices concerning food;

A Few Examples of Food Adulteration?

Some of the few examples of the food contamination are as follows:

• Presence of worms, insects, dust particles, or fungus in the food items.
• Adulteration in the dairy products, like milk and ghee.
• Adulteration of condiments or spice powders.
• Sale of the expired packaged food.

What are the Problems about which a Consumer can Complain About?

It is significant to know the problems that one can face while filing a complaint against, the food safety authority. The listed below are the common problems about which one can file a complaint of food adulteration:

• Sale of the expired food items; 
• Dust, worms, insects, or fungus on food;
• Improper packaging;
• Insufficient/ Improper/ Incorrect information on the food label 
• Misleading commercials/ advertisements;
• Manufacturer’s address not mentioned;
• No description about the harmful ingredients used; 
• Lack of warnings;
• Any other form of adulteration according to the Prevention of Food Adulteration Act, 1954.

What is the Procedure to File a Complaint against the Food Adulteration?

The listed below are the steps included in the process of filing a complaint against the Food Adulteration:

• Step 1: Download the Food Connect Application from the Google play store.
• Step 2: Now, choose the appropriate category from the provided option namely; Premises or Packaged Food.
• Step 3: In the next step, mention the kind of issue the complainant is facing.
• Step 4: Describe in detail about the issue together with pertinent pictures.
• Step 5: Complainant is required to submit his complaint

What is the Procedure to File a Complaint against Misleading Advertisements?

It shall be taken into consideration that an individual can also file a complaint against any misleading or ambiguous advertisements. The following are the steps included in the procedure to file a complaint against misleading advertisements:

• Step 1: The first step is to visit the official portal of the “Advertising Standards Council of India.”
• Step 2: Next, go to the menu saying “Lodge your Complaint.”
• Step 3: The Complainant will then be redirected to the ASIC: Consumer Online Complaint Form Page.
• Step 4: The complainant is then needed to fill his details along with the complaint’s description.
• Step 5: Now, attach a link, video, or an image of an advertisement if in case the complainant has any.
• Step 6: Enter the provided captcha code.
• Step 7: Lastly, click on the option saying “Submit your Complaint.”

List of Adulterants and their Harmful Effects?

 What is the Penalty prescribed for Food Adulteration?

According to sections 51 to 64 of the Food Safety and Standards Act, 2006, the following listed are the punishments imposed on the people who commit acts resulting in food adulteration: 

• Any person who is guilty of selling any item which is not according to the customer’s demand is liable to pay a maximum fine of Rs 5 lakhs.
• Anyone who is either selling, manufacturing, storing, distributing, or importing any food item of sub-standard quality, containing decayed matter, or preserved in unhygienic conditions is liable to pay a prescribed penalty.
• Anyone who is either selling, manufacturing, storing, distributing, or importing any misbranded food-based product, is liable to pay a fine up to Rs 3 lakhs.
• Anyone who publishes any misguided or ambiguous advertisement which falsely represents the food quality or provides any false hopes to consumers will be liable to pay a fine up to Rs 10 lakhs.
• If in case any person distributes any product made of some non-severe adulterant, he or she will be liable to pay a fine up to Rs 1 Lakh. However, if the adulterant used is injurious to health, the same fine will go up to the extent of Rs 10 lakhs.
• Anyone who violates or infringes any regulation prescribed in the Act will be asked to pay a penalty up to Rs 2 lakhs.

What are the Compensatory Remedies available to a Victim?

According to the Food Safety and Standards Act, 2006, the following listed are the remedies available to a victim under section 65 of the FSS Act, 2006:

• Any person who by himself or by any other person manufactures a food item which may be injurious and harmful to consumer’s health or even results into death shall be held liable to pay compensation to the victim which may be exceeded to the following listed:
  • Not below Rs 5 Lakh in case of the Death;
  • Not more than Rs 3 Lakh in case of Grievous Injury;
  • Not more than Rs 1 Lakh in all other cases of Injury;

Provided that the accused is liable to pay the compensation within six months. However, in the case of death, an interim relief must be offered to the victim’s family within thirty days.