In this article, Ashima Bhargava of Amity Law School Lucknow discusses How to lodge a complaint about food adulteration.
When food products are adulterated, they bring down the nutritional value of the food and paves way for different types of health hazards. Food adulteration is a very big problem in our country. A lot of people surreptitiously adds harmful chemicals, acids, or any form of liquid (that may be injurious to health) to the food just to increase the quantity and lower the quality.
According to section 2(a) of the PREVENTION OF FOOD ADULTERATION ACT, 1954, an article of food is said to be adulterated if:
- It contains any other substance which affects or is so processed as to affect injuriously the nature, substance or quality thereof;
- Any inferior or cheaper substance that has been substituted wholly or partly in the article so as to affect injuriously the nature, substance or quality thereof;
- Any constituent of the article that has been wholly or partly abstracted so as to affect injuriously the nature, substance or quality thereof
Explaining it in a more understanding form, ‘substance’ may be any anything which may be in the solid form or the liquid form, of inferior quality, that may affect the people if it is mixed with the products in the food, or when the good items are abstracted from the food and some unhealthy thing is mixed to make the food injurious to health. Article may be considered as food which is being adulterated.
HOW FOOD ADULTERATION HAPPENS
In India, there are about 70% deaths related to food adulteration. Because people are not aware of such things especially the illiterate ones, they have no idea that how the food is being mixed with other harmful chemicals and they unknowingly consume such food item. Everyone should be made aware of these activities taking place nowadays, campaigns should be organized to create public awareness for the security of the people. The police should be vigilant and take measures to stop the food toxicity and aim for safe food for the people to reduce the number of deaths and innumerable health problems.
PENALTIES WHICH GOVERNMENT IMPOSES ON PEOPLE WHEN THEY COMMIT THE OFFENCE OF FOOD ADULTERATION
Under Food Safety and Standards Act, 2006, following penalties are imposed upon the people who commit food adulteration. Section 50,51,52,53,54,55,56,57,58,59 states the penalties:
- Any person who sells to the purchaser’s prejudice any substance which is not according to how the consumer actually demanded or is not according to the provisions demanded, shall be liable to the penalty not exceeding five lakh rupees.
- Any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any food item for human consumption which is of lower quality or sub-standard, shall be liable to a penalty which may extend to five lakh rupees.
- Any person who whether by himself or by any other person on his behalf manufactures for the sale or stores or distributes or imports any food item for human consumption which is misbranded i.e. the food item which is in not accordance with the statutory requirements of the act, or brands the food in a misleading way, shall be liable to a penalty which may extend to three lakh rupees.
- Any person who publishes or is a party to a publication of an advertisement which falsely represents the quality of the food or give false guarantee of the food shall be liable to a penalty which may extend to ten lakh rupees.
- Any person who whether by himself or by any other person on his behalf manufactures for the sale or stores or distributes or imports any food item for human consumption which contains any matter which is decayed or extraneous, shall be liable to a penalty which may extend to one lakh rupees.
- Any person whether by himself or by any other person manufactures a food article with the intention of selling it to the consumer, under unhygienic or unsanitary conditions, shall be liable to a penalty which may extend to one lakh rupees.
- If any person distributes an adulterant which is not injurious to health, the fine may be one lakh rupees and if that adulterant is injurious to health, the fine may exceed to ten lakh rupees.
- Whoever contravenes to any of the provisions of the act, shall be liable to pay the penalty which may extend to two lakh rupees.
- Any person whether by himself or any other person manufactures a food article with the knowledge of selling it to the consumer, sells un unsafe food which can injure the person or lead to the death of the person shall be liable to pay the fine which may exceed to ten lakh rupees and may be imprisonment for not less than seven years.
COMPENSATORY REMEDIES THAT THE VICTIM OF FOOD ADULTERATION CAN AVAIL.
- As per the Food Safety and Standards Act, 2006, following remedies can be availed to the victims under section 65 of the same act stated above;
- Any person who by himself or any other person manufactures a food article which may be injurious to the consumer or his death shall be made liable to pay the victim a fine which may be exceed to
i) not less than five lakh rupees in case of death;
ii) not exceeding three lakh rupees in case of grievous injury;
iii) not exceeding one lakh rupees in all other cases of injury.
Provided that the compensation need to be paid at the earliest before six months and in case of death, an interim relief should be sent to the victim’s family within a period of thirty days.
PROCEDURE TO COMPLAIN
Whenever any person comes to know or sees any other person committing food adulteration, the consumer can file his complaint at;
Tier 1: manufacturer/ shopkeeper
Tier 2: Local Health Authority of India or district commissioner of the food safety Authority of the state/ union territory
List of all the local health authorities of the states and union territories:
S. No | State | Name | Address | Contact Details | |
1. | Andaman & Nicobar Island | Dr. Shipra Paul | Commissioner of Food Safety, Andaman & Nicobar Administration ,DHS Office,Port Blair-744104. | Tel: 03192-233331,
Fax: 03192-232910, 230599 |
[email protected] |
2. | Andhra Pradesh | Mrs. Y. V. Anuradha, IAS | Commissioner of Food Safety, Institute of Preventive Medicine, Narayanaguda, Hyderabad, Andhra Pradesh – 500095 | Tel: 040-24650365
Fax: 040-24653771 |
[email protected], |
3. | Arunachal Pradesh | Sh. Hage Kojeen, IAS | Commissioner of Food Safety, Civil Secretariat Building, Room No. 6, 2nd Floor, Block No. 4, Itanagar, Dist. Papum Pare, Arunachal Pradesh – 791111 | Tel: 0360-2212420
Fax: 0360-2215850 |
[email protected] |
4. | Assam | Smt. Varnali Deka, IAS | Commissioner of Food Safety, Health & Family Welfare Department, Assam Secretariat, Block-D, 04thFloor,Dispur, Guwahati – 781006, Assam | Tel: 0361-2237488
Tel-Fax: |
[email protected] |
5. | Bihar | Sh. Rajneesh Kumar Mahajan, IAS | Commissioner of Food Safety, State Data Center, State Health Society , Bihar Pariwar Kalyan Bhawan Sheikhpura, Patna – 800014, Bihar | Tel: 0612- 2280039, 2280099
Fax: 0612-2280078,2280122 |
[email protected], |
6. | Chandigarh | Sh. Anurag Agarwal, IAS | Commissioner of Food Safety, Room No. 411, 4th Floor, Chandigarh UT Secretariat, Delux Building, Sector-9, Chandigarh-160017. | Tel: 0172-2740216,2740008
Fax:0172-2740337 |
[email protected] |
7. | Chhattisgarh | Shri P.V.Narasingh Rao, IFS | Commissioner of Food Safety, Food & Drug Administration, Block – A, 04th Floor, Indravati Bhawan, Naya Raipur, Chattisgarh-492002 | Tel. 0771-2235226
Fax: 0771-2511988 |
[email protected] |
8. | Dadara & Nagar Haveli | Sh. Umesh Kumar Tyagi, IAS | Commissioner of Food Safety, & Development Commissioner, Secretariat, Silvassa, Dadara & Nagar Haveli-396230. | Tel:0260-2632126 | [email protected] |
9. | Daman & Diu | Sh. Umesh Kumar Tyagi, IAS | Commissioner of Food Safety, Secretariat, Fort Area, Moti Daman & Diu- 396220. | Ph. 0260-2230473 | [email protected] |
10. | Delhi | Dr. Mrinalini Darswal, IAS | Commissioner of Food Safety, Department of Food Safety, GNCT of Delhi, 8th Floor, Mayur Bhawan, Near Shankar Market, Connaught Place, New Delhi-110001. | Tel: 011-23413488
Fax: — |
|
11. | Goa | Sh. Salim A. Veljee | Commissioner of Food Safety, Director of FDA, Government of Goa, Dhawantari, opposite the Shrine of the Holy Cross, Bambolim, Goa-403202 | Tel: 0832-2459226, 2459230
Fax: 0832-2459223 |
[email protected] |
12. | Gujarat | Dr. H. G. Koshia | Commissioner of Food Safety, Food and Drugs Control Administration, Block No. 8, 1st Floor, Dr. Jivraj Mehta Bhavan, Gandhi Nagar- 382010, Gujarat | Tel: 079- 23253417, 23253399
Fax: 079- 23253400 |
[email protected] |
13. | Haryana | Dr. Saket Kumar, IAS | Commissioner of Food Safety, Food &Drug Administration, Mission Director,NRHM,Department of Health,Government of Haryana,SCO-94,1st and 2nd floor,Sector-5,Panchkula,Haryana | Tel: 0172-2583189,2583557 | [email protected]
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14. | Himachal Pradesh | Sh. Prabodh Saxsena, IAS | Commissioner of Food Safety, Secretariat, Shimla-171002, Himachal Pradesh. | Tel: 0177-2621904 | [email protected], |
15. | Jammu & Kashmir | Dr. M. K. Bhandari, IAS | Commissioner of Food Safety & Controller, Drugs & Food Control Organisation,
From May-Oct C- Block, Old Secretariat, Srinagar, From Nov-Apr State Food Health Authority, Patoli-Mangotrian, Jammu- 180007, J&K |
Tel: 0194-2471558
Telfax: 0191-2471559 |
controllerdrugsfoodjk@yahoo.
|
16. | Jharkhand | Sh. K. Vidyasagar, IAS | Commissioner of Food Safety , Department of Health & Family Welfare, Nepal House, Doranda, Ranchi- 834002, Jharkhand. | Tel.: 0651-2490583, 2491033
Fax: — |
[email protected] |
17. | Karnataka | Dr. Rathan U Kelkar, IAS | Commissioner of Food Safety, Public Health Institute, Sheshadri Road, Bangalore-560001 | Tel: 080-22354085, 22874039,22210248
Fax: 080-22201813 |
[email protected], |
18. | Kerala | Ms. Navjot Khosa, IAS | Commissioner of Food Safety, Office of Commissioner of Food Safety, Thycaud P.O., Thiruvanthapuram-695014 | Tel:0471-2322833, 2322844
Fax: 0471-2322855 |
[email protected] |
19. | Lakshadweep | Sh. Ashok Kumar, IAS | Collector cum Development Commissioner & Secretary (Health), Union Territory of Lakshadweep, Kavarati-682555, HPO Kochi. | Tel: 04896-262256
Fax: 04896-263180 |
[email protected], |
20. | Madhya Pradesh | Dr. Pallavi Jain Govil, IAS | Commissioner of Food Safety, & Controller (Food & Drugs Administration), Idgah Hills, Bhopal-462001, Madhya Pradesh | Tel-Fax: 0755-2665385, 2665036 | [email protected] |
21. | Maharashtra | Dr.Harshdweep Kamble, IAS | Commissioner of Food Safety, Food and Drugs Administration Maharashtra, S.No.341, Bandra Kurla Complex, Madhusudan Kalelkar Marg, Bandra (East), Mumbai-400051. | Tel: 1800222365, 022-26592361 | [email protected] |
22. | Manipur | Sh. P. K. Singh IAS | Commissioner of Food Safety, Govt. of Manipur, Room No. 220, Second Floor, Annexe Building, North Block, Manipur Secretariat, Imphal 795001. | Ph: 0385-2440255 | [email protected] |
23. | Meghalaya | Sh. Y. Tsering, IAS | Commissioner of Food Safety, Room No. 315, Additional Secretariat Building, Shillong, Meghalaya- 793001 | Telefax: 0364- 2222016 | [email protected], |
24. | Mizoram | Dr. K. Ropari | Commissioner of Food Safety Health & FW Department, Directorate of Health Services, Government of Mizoram, Dinthar, Aizawl – 796009, Mizoram. | Tel: 0389- 2313721
Fax: 0389-2300189 |
[email protected] |
25. | Nagaland | Sh. Motsurhung Patton, IAS | Commissioner of Food Safety, Directorate of Health & Family Welfare, Kohima –797001, Nagaland | Tel: 0370-2270457
Fax: 0370-2270062 |
[email protected] |
26. | Odisha | Sh. Ravindra Pratap Singh, IAS | Commissioner of Food Safety, 01st Floor, Old NRHM Building, Behind Capital Hospital BBSR Unit No. 6, Bhubaneshwar, Dist. Khordha, Odisha – 751001. | Tel: —
Fax: — |
[email protected] |
27. | Puducherry | Sh. B. R. Babu, IAS | Commissioner of Food Safety, Local Administration Department, Chief Secretariat, Goubert Avenue, Puducherry-605001 | Tel: 0413-2233306
Fax: 0413-2334484 |
[email protected] |
28. | Punjab | Sh. Hussan Lal, IAS | Commissioner of Food and Drug Administration, Punjab Near Civil Hospital, Kharar, District SAS Nagar (Mohali), Punjab | Ph: 0172-2266931
Fax: 0172-2266936 |
[email protected] |
29. | Rajasthan | Dr.B.R. Meena | Commissioner of Food Safety, Directorate of Medical, Health & Family Welfare Services, Govt. of Rajasthan Swastya Bhavan, Tilak Marg, C-Scheme,Jaipur, Rajasthan – 302005 | Tel-fax: 0141- 2229858 | [email protected] |
30. | Sikkim | Dr. K. Bhandari | Commissioner of Food Safety, Health Care, Human Services and Family Welfare Department, Tashilling, Gangtok-737102, Sikkim | Tel-0352-202633
Fax:0352-2204481 |
[email protected] |
31. | Tamil Nadu | Ms. P. Amudha | Commissioner of Food Safety, 5th floor of DMS Office Building,359,Anna Salai,DMS Campus,Teynampet,Chennai-600006 | Tel: 044-24351051
Fax:044-24350967 |
[email protected] |
32. | Tripura | Sh. Rakesh Sarwal, IAS | Commissioner of Food Safety, & Principal Secretary, Dept. of Health & Education (School), , Secretariat, Capital Complex, Agartala-799006, West Tripura. | Tel: 0381-2414127
Fax: 0381- 2418032 |
[email protected] |
33. | Telangana | Sh. Rajeshwar Tiwari, IAS | Commissioner of Food Safety, Directorate of Institute of Preventive Medicine, Telangana State, Narayanaguda, Hyderabad.500 029. | 9100105795 (Whatsapp Number) | [email protected] |
34. | Uttarakhand | Sh. Om Prakash, IAS | Commissioner of Food Safety, 4-Subhash Road, Secretariat, Dehradun-248001, Uttarakhand. | Tel: 0135- 2712066
Fax: 0135-2714106 |
[email protected] |
35. | Uttar Pradesh | Sh. Hemant Rao, IAS | Commissioner of Food Safety, Dept. of Food Safety & Drug Administration, 9, Jagat Narain Road, Lucknow, Uttar Pradesh-226018 | Tel:0522-2258101, 2237940
Fax:0522-2258102 |
[email protected], |
36. | West Bengal | Smt. Godhuli Mukherjee, IES | Commissioner of Food Safety & Secretary Health & Family Welfare Department, Swasthya Bhawan, 3rd Floor, Wing “B”, GN-29, Sector -V, Salt Lake , Kolkata -700091. | Tel No: 033-23330301
Tele Fax: 033-23575566 |
[email protected], |
Tier 3: Consumer Forum
Consumer forum is present at three levels, namely at the district level, state level and the national level. The complaints has the original jurisdiction at the district level and appellate jurisdiction at the state and the national level.
Consumers can also connect to FSSAI( The Food Safety and Standards Authority of India) which is a statutory body to supervise the rules and regulations which are stated in the Food Safety and Standards Act. recently launched an online platform called the ‘Food Safety Voice’ where consumers can register their complaints and food safety issues about adulterated food, sub standard food, unsafe food, labelling defects in food and misleading advertisements related to various food products.
CONCLUSION
Food adulteration in today’s world is taking place at a large scale. Lot of people are being affected by it, many are dying also. Although the FSSAI is there to act as statutory body to look after that the people are adhered to the rules and regulations prescribed in the Food Safety and Standards Act, 2006 but are there proper implications of the laws mentioned in the act? Are the people aware of the consequences of the adulterated food? Like these, many questions arises in the mind of the reader so stop that frequent questions coming to your head, we need to be more careful now. Whatever food we eat we should complete knowledge of the same. And also direct those people who cannot study or cannot understand things, In this way we will help people to know that what food is unsafe for them or will cause injury to them.
1396, Sector 46, Near Sector 45, Gurgaon. … Sector 45, Delhi NCR.
Mrs Kanchan Mehra wife of Brigadier (retired) Sanjeev Mehra along with her brother Rajiv Sharma and son saurabh mehra are illegally running a commercial outlet of Food
They donot pay commercial electricity charges and water charges. No Tax is paid
Kindly take strict action against such culprits.Theafs
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