food adulteration

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. Whoever contravenes to any of the provisions of the act, shall be liable to pay the penalty which may extend to two lakh rupees.
  9. 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.

  1. 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 Email
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],

[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],

[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: —

 

[email protected]

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]

[email protected]

,

14. Himachal Pradesh Sh. Prabodh Saxsena, IAS Commissioner of Food Safety, Secretariat, Shimla-171002, Himachal Pradesh. Tel: 0177-2621904 [email protected],

[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

[email protected]

 

 

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],

[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],

[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]

[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],

[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.

 

2 COMMENTS

  1. 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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