I.INTRODUCTION
Food is one of the basic necessities for sustenance of life. Pure fresh and healthy diet is most
essential for the health of the people12.“Adulterated Food not only poisons the body but leads to
an unposied mind.”3 It is not wrong to say that community health is national wealth. Food
activates human life to proceed with its activities or components. The healthy body is the result
of intake of fresh and healthy food by a human being4. Infact, the secret of a good life is to have
the right food at the right time. Owing to the importance of food, the modern society treats the
adulteration of food as a heinous and unpardonable socio-economic offence. Adulterating food is
regarded as a social evil, and is a reflection of the level of crime in society. Food adulteration is
subtle murder practiced in the community and is gravest of socio-economic crime. It has direct
impact on economy, health, character and progress of a Country.
It is really very unbecoming of a civilized Society that although every person is aware that bread,
beer, wine, and other substances employed in domestic economy, are frequently met with in an
1 R.P. Kagle, 4(2) The KautilyaArthashastra 260-270 (1970); see chapter 2, s.77
2 Right to pure and healthy food is recognized by Supreme Court as fundamental Right through Article 21.
3 S.V.S.M Shastry, Faculty Member, ICFAI University
4 © 2005 Unique Law Publishers. All Rights Reserved. The ICFAI University Press
adulterated state and still they are bound to use them. But of all possible nefarious traffic and
deception, practised by mercenary dealers, that of adulterating the articles intended for human
food with ingredients deleterious to health, is the most criminal, and, in the mind of every honest
man, must excite feelings of regret and disgust. Numerous facts are on record, of human food,
contaminated with poisonous ingredients, having been vended to the public; and the annals of
medicine record tragically events ensuing from the use of such food.
The eager and insatiable thirst for gain, is proof against prohibitions and penalties; and the
possible sacrifice of a fellow-creature's life, is a secondary consideration among unprincipled
dealers. Of all the frauds practised by mercenary dealers, there is none more reprehensible, and at
the same time more prevalent, than the sophistication of the various articles of food.
This unprincipled and nefarious practice, increasing in degree as it has been found difficult of
detection, is now applied to almost every commodity which can be classed among either the
necessaries or the luxuries of life, and is carried on to a most alarming extent in every part of the
India.
It has been pursued by men, who, from the magnitude and apparent respectability of their
concerns, would be the least obnoxious to public suspicion; and their successful example has
called forth, from among the retail dealers, a multitude of competitors in the same iniquitous
course.
To such perfection of ingenuity has this system of adulterating food arrived, that spurious articles
of various kinds are everywhere to be found, made up so skillfully as to baffle the discrimination
of the most experienced judges. Indeed, it would be difficult to mention a single article of food
which is not to be met with in an adulterated state; and there are some substances which are
scarcely ever to be procured genuine.
Some of these spurious compounds are comparatively harmless when used as food; and as in
these cases merely substances of inferior value are substituted for more costly and genuine
ingredients, the sophistication, though it may affect our purse, does not injure our health. Of this
kind are the manufacture of factitious pepper, the adulterations of mustard, vinegar, cream, &c.
Others, however, are highly deleterious; and to this class belong the adulterations of beer, wines,
sprit liquors, pickles, salad oil, and many others.
There are particular chemists who make it a regular trade to supply drugs or nefarious
preparations to the unprincipled brewer of porter or ale; others perform the same office to the
wine and spirit merchant; and others again to the grocer and the oilman. The operators carry on
their processes chiefly in secrecy, and under some delusive firm, with the ostensible denotements
of a fair and lawful establishment.
These illicit pursuits have assumed all the order and method of a regular trade; they may
severally claim to be distinguished as an art and mystery; for the workmen employed in them are
often wholly ignorant of the nature of the substances which pass through their hands, and of the
purposes to which they are ultimately applied. To elude the vigilance of the inquisitive, to defeat
the scrutiny of the revenue officer, and to ensure the secresy of these mysteries, the processes are
very ingeniously divided and subdivided among individual operators, and the manufacture is
purposely carried on in separate establishments. The task of proportioning the ingredients for use
is assigned to one individual, while the composition and preparation of them may be said to form
a distinct part of the business, and is entrusted to another workman. Most of the articles are
transmitted to the consumer in a disguised state, or in such a form that their real nature cannot
possibly be detected by the unwary. It is a painful reflection, that the division of labour which
has been so instrumental in bringing the manufactures of this country to their present flourishing
state, should have also tended to conceal and facilitate the fraudulent practices in question; and
that from a correspondent ramification of commerce into a multitude of distinct branches,
particularly in the metropolis and the large towns of the empire, the traffic in adulterated
commodities should find its way through so many circuitous channels, as to defy the most
scrutinising endeavour to trace it to its source.
It is not less lamentable that the extensive application of chemistry to the useful purposes of life,
should have been perverted into an auxiliary to this nefarious traffic. But, happily for the science,
it may, without difficulty, be converted into a means of detecting the abuse; to effect which, very
little chemical skill is required; and the course to be pursued forms the object of the following
pages. The practice of sophisticating the necessaries of life, being reduced to systematic
regularity, is ranked by public opinion among other mercantile pursuits; and is not only regarded
with less disgust than formerly, but is almost generally esteemed as a justifiable way to wealth.
It is really astonishing that the penal law is not more effectually enforced against practices so
inimical to the public welfare. The man who robs a fellow subject of a few shillings on the high-
way, is sentenced to death; while he who distributes a slow poison to a whole community,
escapes unpunished.
It has been urged by some, that, under so vast a system of finance as that of India, it is expedient
that the revenue should be collected in large amounts; and therefore that the severity of the law
should be relaxed in favor of all mercantile concerns in proportion to their extent: encouragement
must be given to large capitalists; and where an extensive brewery or distillery yields an
important contribution to the revenue, no strict scrutiny need be adopted in regard to the quality
of the article from which such contribution is raised, provided the excise do not suffer by the
fraud.
But the principles of the constitution afford no sanction to this preference, and the true interests
of the country require that it should be abolished; for a tax dependent upon deception must be at
best precarious, and must be, sooner or later, diminished by the irresistible diffusion of
knowledge. Sound policy requires that the law should be impartially enforced in all cases; and if
its penalties were extended to abuses of which it does not now take cognisance, there is no doubt
that the revenue would be abundantly benefited.
Another species of fraud, to which I shall at present but briefly advert, and which has increased
to so alarming an extent, that it loudly calls for the interference of government, is the adulteration
of drugs and medicines.
Nine-tenths of the most potent drugs and chemical preparations used in pharmacy, are vended in
a sophisticated state by dealers who would be the last to be suspected. It is well known, that of
the article Peruvian bark, there is a variety of species inferior to the genuine; that too little
discrimination is exercised by the collectors of this precious medicament; that it is carelessly
assorted, and is frequently packed in green hides; that much of it arrives in Spain in a half-
decayed state, mixed with fragments of other vegetables and various extraneous substances; and
in this state is distributed throughout Europe. Several methods are used for food adulteration,
using techniques which range from simple to extremely complex procedures. Food adulteration
takes place due to dishonesty, though it may also be due to ignorance. Adulteration of food was
so rampant, widespread and persistent that nothing short of a somewhat drastic remedy in the
form of a comprehensive legislation became the need of the hour.
As ‘food adulteration’ is done in so many ways, one must precisely know what the exact
definition of the term is. The Prevention of Food Adulteration Act, 19545 defines the term
“adulterant”6 and “adulterated”7 in so many words. In layman’s language it means debasing of
food articles with an inferior or deleterious substance. It is a kind of slow poisoning. It is
destruction of human life8. It is the gravest of socio-economic crime because; it is done with the
purpose of attaining profit. This may be the reason why Food Safety and Standards Act, 20069
defines the term “unsafe food” instead of “adulterated food”.
Until 1954, several States formulated their own food laws. But there was a considerable variance
in the rules and specifications of the food, having been passed at different times without mutual
consultation between states, which interfered with inter-provincial trade. The need for Central
legislation for the whole country in this matter had been felt in 1937 and as a resultThe Central
Advisory Board was appointed by the Government of India in 1937 followed by The Food
Adulteration Committee in 1943, they reviewed the subject of Food Adulteration and
recommended for Central legislation. Before coming into force of Indian Constitution various
laws relating to prevention of food adulteration were in force in all states. However, after coming
into force of constitution, legislative field have been distributing between federal government
and the constituent units2 i.e. the states, depending on various considerations. One of such
consideration was to provide uniform law for all over the nation. It is because of this
consideration Adulteration of food- stuff and other goods’ is included in the Concurrent List (III)
2. A Historical Background
Ancient Food regulations are referred to in Egyptian, Chinese , Hindu, Greek and Roman
Literature. In India laws regarding prevention of adulteration of food can be traced back to the
‘Kautilya -Arthashastra3’ In the Middle ages the Trade guilds exerted a powerful influence on the
2See Schedule VII, Constitution of India, 1949
3R.P. Kagle, 4(2) The KautilyaArthashastra 260-270 (1970); see chapter 2, s.77.
regulation of food trade and the prevention of falsification of food products.Most of the National
standards organizations were established in Europe in the 1920s. After World War II, activity in
International standardization started intensively in the framework of ISO. Newer Food laws
came into place in Industrialized Nations due to rapid growth of Urban population and
industrialization. A Joint FAO/WHO Food Standards Program was established in 1962, and a
joint subsidiary body was created, the Codex Alimentarius Commission (CAC). The CAC aims
to promote harmonization of standards and facilitate International trade. In India, as early as
1860, the adulteration of foodstuffs was prohibited under the Penal Code.(Sec 272,273). The
laws regulating the quality of food have been in force in the country since 1899. In 1919, when
the portfolio of health was transferred to the provincial governments, most of the provincial
authorities made special provisions in municipal acts for the prevention of food adulterations.
Prevention of Food Adulteration Act-Cochin 1933, Madras Public Health Act 1939 (Food
Control) Prevention of Food Adulteration Act-Travancore- 1948 Travancore –Cochin Public
Health Act 1955 (Food Control). Later the initiatives in food control was taken on by State,
Municipal or other local authorities4.
in the constitution. It has, therefore, become possible for the Central Government to enact an all
India Legislation on this subject. As the “Adulteration of food-stuff and other goods” has been
included in the Concurrent List of the Constitution, it became possible for the Central
Government to enact an all India Legislation on this subject. Accordingly the Prevention of Food
Adulteration Bill was introduced in the Parliament. It is the duty of every Government to make
pure food available to the countrymen in sufficient quantities. In order to make available
unadulterated food in the country, the Government makes various food laws. The Ministry of
4There was, however, little uniformity either in the field of standards or in the mode of enforcement.
Health and Family Welfare is responsible for ensuring safe food to the consumers. Keeping this
in view, The Government of India, therefore, enacted a Central Legislation called the prevention
of Food adulteration Act (PFA) in the year 1954 which came into effect from 15 June, 1955. The
Act repealed all laws, existing at that time in States concerning food adulteration. . To give effect
to the provisions of the Act, Rules were made in 1955 and called "Prevention of Food
Adulteration Rules, 1955".
The Act has been amended in 1964,1971, 1976,and 1986, with the objective of plugging the
loopholes and making the punishments more stringent and empowering Consumers and
Voluntary Organisations to play a more effective role in its implementation.
Prevailing Food Standards in India are Mostly based on International Codex Alimentarius, with
relevant modifications and additions where ever necessary. These are- The PFA standards / The
FPO. And The AGMARK/The ISI (BIS5)
The ISI and AGMARK are not mandatory, but are purely voluntary and useful for meeting the
requirements of export quality goods.
5Mandatory BIS Certification Is necessary for
Food Additives
Food Colours
Infant Milk Products
Packaged Drinking Water
Mineral Water
Existing Acts, Rules and Orders are Health & Food Processing, The Prevention of Food
Adulteration Act, 1954, Fruits and Vegetable Products (Control) Order- FPO 1955, Meat Food
Products Order (MFPO)1973.
Consumer Affairs, Food and Public Distribution Acts areEssential Commodities Act,1955,
Bureau of Indian Standards Act, 1986 ,Standards of Weights and Measures Act, 1976, The
Consumer Protection Act, 1986 ,Standards of Weights and Measures (Enforcement) Act,
1985,Vegetable Products Control Order, 1976, Solvent Extracted Oil, De-oiled Meal and Edible
Flour Control Order, 1967, Edible Oils Packaging (Regulation) Order 1988, FSSA 2006.
Inspite of these acts the most important regulation for ensuring food safety and quality in India
continues to be out-dated – PFA, 1954 . The law meant to protect India against impure, unsafe,
and fraudulently labelled foods is the Prevention of Food Adulteration Act (PFA) of 1954, with
the PFA Rules of 1955 , as amended from time to time. This is the most important food law in
the country.
4. Objective
The objective of this Act is to formulate and monitor the standards of quality and purity and to
protect India against impure unsafe and fraudulently labelled foods by preventing sale of sub
standard food and protecting interest of the consumers by eliminating fraudulent processes. Thus
this legislation ensures pure and wholesome food to the consumers and also to prevent fraud or
deception. In State of Gujrat v. Ambala, 6it was observed that legislation for preventing food
adulteration serves a very important role in securing to the citizens a minimum degree of
impurity in the articles of food and thereby protecting and preserving public health ; it also
serves to prevent fraud on consumer public.The PFA focuses primarily on the establishment of
regulatory standards for food products that constitute the bulk of the Indian diet. The provision of
the act comes into play only the article so food sold is found to be adulterated and they are not
concerned with the cheating and deception by sellers of food stuffs.The Supreme court held the
validity of the provision in Andhara Pradesh v. Union of India and another7Further, court
61977 Cri,L.J. 1359
indicated the object of the Prevention of Food Adulteration Act, 1954, its constitutional basis and
its purpose in the following observations:
" The object and the purpose of the Act are to eliminate the danger to human life from the sale of
unwholesome articles of food. The legislation is on the topic 'Adulteration of Food Stuffs and
other Goods' (entry 18 List III Seventh Schedule). It is enacted to curb the widespread evil of
food adulteration and is a legislative measure for social defence. It is intended to suppress a
social and economic mischief - an evil which attempts to poison, for monetary gains, the very
sources of sustenance of life and the well-being of the community. The evil of adulteration of
food and its effects on the health of the community are assuming alarming proportions. The
offence of adulteration is a socio-economic offence.
In Municipal Corporation of Delhi v. Kacheroo MalSarkaria, J. said:
The Act has been enacted to curb and remedy the widespread evil of food adulteration, and to
ensure the sale of wholesome food to the people
Jurisdiction
and distribution, such as food colour, preservatives, pesticide residues, packaging and labelling,
and regulation of sales.PFA standards and regulations are meant to apply equally to domestic and
imported products. The PFA covers various aspects of food processing
Food is one of the basic necessities for sustenance of life. Pure fresh and healthy diet is most
essential for the health of the people12.“Adulterated Food not only poisons the body but leads to
an unposied mind.”3 It is not wrong to say that community health is national wealth. Food
activates human life to proceed with its activities or components. The healthy body is the result
of intake of fresh and healthy food by a human being4. Infact, the secret of a good life is to have
the right food at the right time. Owing to the importance of food, the modern society treats the
adulteration of food as a heinous and unpardonable socio-economic offence. Adulterating food is
regarded as a social evil, and is a reflection of the level of crime in society. Food adulteration is
subtle murder practiced in the community and is gravest of socio-economic crime. It has direct
impact on economy, health, character and progress of a Country.
It is really very unbecoming of a civilized Society that although every person is aware that bread,
beer, wine, and other substances employed in domestic economy, are frequently met with in an
1 R.P. Kagle, 4(2) The KautilyaArthashastra 260-270 (1970); see chapter 2, s.77
2 Right to pure and healthy food is recognized by Supreme Court as fundamental Right through Article 21.
3 S.V.S.M Shastry, Faculty Member, ICFAI University
4 © 2005 Unique Law Publishers. All Rights Reserved. The ICFAI University Press
adulterated state and still they are bound to use them. But of all possible nefarious traffic and
deception, practised by mercenary dealers, that of adulterating the articles intended for human
food with ingredients deleterious to health, is the most criminal, and, in the mind of every honest
man, must excite feelings of regret and disgust. Numerous facts are on record, of human food,
contaminated with poisonous ingredients, having been vended to the public; and the annals of
medicine record tragically events ensuing from the use of such food.
The eager and insatiable thirst for gain, is proof against prohibitions and penalties; and the
possible sacrifice of a fellow-creature's life, is a secondary consideration among unprincipled
dealers. Of all the frauds practised by mercenary dealers, there is none more reprehensible, and at
the same time more prevalent, than the sophistication of the various articles of food.
This unprincipled and nefarious practice, increasing in degree as it has been found difficult of
detection, is now applied to almost every commodity which can be classed among either the
necessaries or the luxuries of life, and is carried on to a most alarming extent in every part of the
India.
It has been pursued by men, who, from the magnitude and apparent respectability of their
concerns, would be the least obnoxious to public suspicion; and their successful example has
called forth, from among the retail dealers, a multitude of competitors in the same iniquitous
course.
To such perfection of ingenuity has this system of adulterating food arrived, that spurious articles
of various kinds are everywhere to be found, made up so skillfully as to baffle the discrimination
of the most experienced judges. Indeed, it would be difficult to mention a single article of food
which is not to be met with in an adulterated state; and there are some substances which are
scarcely ever to be procured genuine.
Some of these spurious compounds are comparatively harmless when used as food; and as in
these cases merely substances of inferior value are substituted for more costly and genuine
ingredients, the sophistication, though it may affect our purse, does not injure our health. Of this
kind are the manufacture of factitious pepper, the adulterations of mustard, vinegar, cream, &c.
Others, however, are highly deleterious; and to this class belong the adulterations of beer, wines,
sprit liquors, pickles, salad oil, and many others.
There are particular chemists who make it a regular trade to supply drugs or nefarious
preparations to the unprincipled brewer of porter or ale; others perform the same office to the
wine and spirit merchant; and others again to the grocer and the oilman. The operators carry on
their processes chiefly in secrecy, and under some delusive firm, with the ostensible denotements
of a fair and lawful establishment.
These illicit pursuits have assumed all the order and method of a regular trade; they may
severally claim to be distinguished as an art and mystery; for the workmen employed in them are
often wholly ignorant of the nature of the substances which pass through their hands, and of the
purposes to which they are ultimately applied. To elude the vigilance of the inquisitive, to defeat
the scrutiny of the revenue officer, and to ensure the secresy of these mysteries, the processes are
very ingeniously divided and subdivided among individual operators, and the manufacture is
purposely carried on in separate establishments. The task of proportioning the ingredients for use
is assigned to one individual, while the composition and preparation of them may be said to form
a distinct part of the business, and is entrusted to another workman. Most of the articles are
transmitted to the consumer in a disguised state, or in such a form that their real nature cannot
possibly be detected by the unwary. It is a painful reflection, that the division of labour which
has been so instrumental in bringing the manufactures of this country to their present flourishing
state, should have also tended to conceal and facilitate the fraudulent practices in question; and
that from a correspondent ramification of commerce into a multitude of distinct branches,
particularly in the metropolis and the large towns of the empire, the traffic in adulterated
commodities should find its way through so many circuitous channels, as to defy the most
scrutinising endeavour to trace it to its source.
It is not less lamentable that the extensive application of chemistry to the useful purposes of life,
should have been perverted into an auxiliary to this nefarious traffic. But, happily for the science,
it may, without difficulty, be converted into a means of detecting the abuse; to effect which, very
little chemical skill is required; and the course to be pursued forms the object of the following
pages. The practice of sophisticating the necessaries of life, being reduced to systematic
regularity, is ranked by public opinion among other mercantile pursuits; and is not only regarded
with less disgust than formerly, but is almost generally esteemed as a justifiable way to wealth.
It is really astonishing that the penal law is not more effectually enforced against practices so
inimical to the public welfare. The man who robs a fellow subject of a few shillings on the high-
way, is sentenced to death; while he who distributes a slow poison to a whole community,
escapes unpunished.
It has been urged by some, that, under so vast a system of finance as that of India, it is expedient
that the revenue should be collected in large amounts; and therefore that the severity of the law
should be relaxed in favor of all mercantile concerns in proportion to their extent: encouragement
must be given to large capitalists; and where an extensive brewery or distillery yields an
important contribution to the revenue, no strict scrutiny need be adopted in regard to the quality
of the article from which such contribution is raised, provided the excise do not suffer by the
fraud.
But the principles of the constitution afford no sanction to this preference, and the true interests
of the country require that it should be abolished; for a tax dependent upon deception must be at
best precarious, and must be, sooner or later, diminished by the irresistible diffusion of
knowledge. Sound policy requires that the law should be impartially enforced in all cases; and if
its penalties were extended to abuses of which it does not now take cognisance, there is no doubt
that the revenue would be abundantly benefited.
Another species of fraud, to which I shall at present but briefly advert, and which has increased
to so alarming an extent, that it loudly calls for the interference of government, is the adulteration
of drugs and medicines.
Nine-tenths of the most potent drugs and chemical preparations used in pharmacy, are vended in
a sophisticated state by dealers who would be the last to be suspected. It is well known, that of
the article Peruvian bark, there is a variety of species inferior to the genuine; that too little
discrimination is exercised by the collectors of this precious medicament; that it is carelessly
assorted, and is frequently packed in green hides; that much of it arrives in Spain in a half-
decayed state, mixed with fragments of other vegetables and various extraneous substances; and
in this state is distributed throughout Europe. Several methods are used for food adulteration,
using techniques which range from simple to extremely complex procedures. Food adulteration
takes place due to dishonesty, though it may also be due to ignorance. Adulteration of food was
so rampant, widespread and persistent that nothing short of a somewhat drastic remedy in the
form of a comprehensive legislation became the need of the hour.
As ‘food adulteration’ is done in so many ways, one must precisely know what the exact
definition of the term is. The Prevention of Food Adulteration Act, 19545 defines the term
“adulterant”6 and “adulterated”7 in so many words. In layman’s language it means debasing of
food articles with an inferior or deleterious substance. It is a kind of slow poisoning. It is
destruction of human life8. It is the gravest of socio-economic crime because; it is done with the
purpose of attaining profit. This may be the reason why Food Safety and Standards Act, 20069
defines the term “unsafe food” instead of “adulterated food”.
Until 1954, several States formulated their own food laws. But there was a considerable variance
in the rules and specifications of the food, having been passed at different times without mutual
consultation between states, which interfered with inter-provincial trade. The need for Central
legislation for the whole country in this matter had been felt in 1937 and as a resultThe Central
Advisory Board was appointed by the Government of India in 1937 followed by The Food
Adulteration Committee in 1943, they reviewed the subject of Food Adulteration and
recommended for Central legislation. Before coming into force of Indian Constitution various
laws relating to prevention of food adulteration were in force in all states. However, after coming
into force of constitution, legislative field have been distributing between federal government
and the constituent units2 i.e. the states, depending on various considerations. One of such
consideration was to provide uniform law for all over the nation. It is because of this
consideration Adulteration of food- stuff and other goods’ is included in the Concurrent List (III)
2. A Historical Background
Ancient Food regulations are referred to in Egyptian, Chinese , Hindu, Greek and Roman
Literature. In India laws regarding prevention of adulteration of food can be traced back to the
‘Kautilya -Arthashastra3’ In the Middle ages the Trade guilds exerted a powerful influence on the
2See Schedule VII, Constitution of India, 1949
3R.P. Kagle, 4(2) The KautilyaArthashastra 260-270 (1970); see chapter 2, s.77.
regulation of food trade and the prevention of falsification of food products.Most of the National
standards organizations were established in Europe in the 1920s. After World War II, activity in
International standardization started intensively in the framework of ISO. Newer Food laws
came into place in Industrialized Nations due to rapid growth of Urban population and
industrialization. A Joint FAO/WHO Food Standards Program was established in 1962, and a
joint subsidiary body was created, the Codex Alimentarius Commission (CAC). The CAC aims
to promote harmonization of standards and facilitate International trade. In India, as early as
1860, the adulteration of foodstuffs was prohibited under the Penal Code.(Sec 272,273). The
laws regulating the quality of food have been in force in the country since 1899. In 1919, when
the portfolio of health was transferred to the provincial governments, most of the provincial
authorities made special provisions in municipal acts for the prevention of food adulterations.
Prevention of Food Adulteration Act-Cochin 1933, Madras Public Health Act 1939 (Food
Control) Prevention of Food Adulteration Act-Travancore- 1948 Travancore –Cochin Public
Health Act 1955 (Food Control). Later the initiatives in food control was taken on by State,
Municipal or other local authorities4.
in the constitution. It has, therefore, become possible for the Central Government to enact an all
India Legislation on this subject. As the “Adulteration of food-stuff and other goods” has been
included in the Concurrent List of the Constitution, it became possible for the Central
Government to enact an all India Legislation on this subject. Accordingly the Prevention of Food
Adulteration Bill was introduced in the Parliament. It is the duty of every Government to make
pure food available to the countrymen in sufficient quantities. In order to make available
unadulterated food in the country, the Government makes various food laws. The Ministry of
4There was, however, little uniformity either in the field of standards or in the mode of enforcement.
Health and Family Welfare is responsible for ensuring safe food to the consumers. Keeping this
in view, The Government of India, therefore, enacted a Central Legislation called the prevention
of Food adulteration Act (PFA) in the year 1954 which came into effect from 15 June, 1955. The
Act repealed all laws, existing at that time in States concerning food adulteration. . To give effect
to the provisions of the Act, Rules were made in 1955 and called "Prevention of Food
Adulteration Rules, 1955".
The Act has been amended in 1964,1971, 1976,and 1986, with the objective of plugging the
loopholes and making the punishments more stringent and empowering Consumers and
Voluntary Organisations to play a more effective role in its implementation.
Prevailing Food Standards in India are Mostly based on International Codex Alimentarius, with
relevant modifications and additions where ever necessary. These are- The PFA standards / The
FPO. And The AGMARK/The ISI (BIS5)
The ISI and AGMARK are not mandatory, but are purely voluntary and useful for meeting the
requirements of export quality goods.
5Mandatory BIS Certification Is necessary for
Food Additives
Food Colours
Infant Milk Products
Packaged Drinking Water
Mineral Water
Existing Acts, Rules and Orders are Health & Food Processing, The Prevention of Food
Adulteration Act, 1954, Fruits and Vegetable Products (Control) Order- FPO 1955, Meat Food
Products Order (MFPO)1973.
Consumer Affairs, Food and Public Distribution Acts areEssential Commodities Act,1955,
Bureau of Indian Standards Act, 1986 ,Standards of Weights and Measures Act, 1976, The
Consumer Protection Act, 1986 ,Standards of Weights and Measures (Enforcement) Act,
1985,Vegetable Products Control Order, 1976, Solvent Extracted Oil, De-oiled Meal and Edible
Flour Control Order, 1967, Edible Oils Packaging (Regulation) Order 1988, FSSA 2006.
Inspite of these acts the most important regulation for ensuring food safety and quality in India
continues to be out-dated – PFA, 1954 . The law meant to protect India against impure, unsafe,
and fraudulently labelled foods is the Prevention of Food Adulteration Act (PFA) of 1954, with
the PFA Rules of 1955 , as amended from time to time. This is the most important food law in
the country.
4. Objective
The objective of this Act is to formulate and monitor the standards of quality and purity and to
protect India against impure unsafe and fraudulently labelled foods by preventing sale of sub
standard food and protecting interest of the consumers by eliminating fraudulent processes. Thus
this legislation ensures pure and wholesome food to the consumers and also to prevent fraud or
deception. In State of Gujrat v. Ambala, 6it was observed that legislation for preventing food
adulteration serves a very important role in securing to the citizens a minimum degree of
impurity in the articles of food and thereby protecting and preserving public health ; it also
serves to prevent fraud on consumer public.The PFA focuses primarily on the establishment of
regulatory standards for food products that constitute the bulk of the Indian diet. The provision of
the act comes into play only the article so food sold is found to be adulterated and they are not
concerned with the cheating and deception by sellers of food stuffs.The Supreme court held the
validity of the provision in Andhara Pradesh v. Union of India and another7Further, court
61977 Cri,L.J. 1359
indicated the object of the Prevention of Food Adulteration Act, 1954, its constitutional basis and
its purpose in the following observations:
" The object and the purpose of the Act are to eliminate the danger to human life from the sale of
unwholesome articles of food. The legislation is on the topic 'Adulteration of Food Stuffs and
other Goods' (entry 18 List III Seventh Schedule). It is enacted to curb the widespread evil of
food adulteration and is a legislative measure for social defence. It is intended to suppress a
social and economic mischief - an evil which attempts to poison, for monetary gains, the very
sources of sustenance of life and the well-being of the community. The evil of adulteration of
food and its effects on the health of the community are assuming alarming proportions. The
offence of adulteration is a socio-economic offence.
In Municipal Corporation of Delhi v. Kacheroo MalSarkaria, J. said:
The Act has been enacted to curb and remedy the widespread evil of food adulteration, and to
ensure the sale of wholesome food to the people
Jurisdiction
and distribution, such as food colour, preservatives, pesticide residues, packaging and labelling,
and regulation of sales.PFA standards and regulations are meant to apply equally to domestic and
imported products. The PFA covers various aspects of food processing
