1. G. Offences under the PFA Act:-
The following are considered as offences.
1. To import or manufacture for sale, or store, sell or distribute
(i) Any adulterated food
(ii) Any misbranded food
(iii) Any food of which the sale is prohibited
(iv) Any food without having a required license or not abiding the licensing
conditions.
(v) Any adulterant.
2. To prevent a Food Inspector from taking a sample or to prevent him from
exercising his other powers.
3. Not to disclose the information asked by the Food Inspector regarding name etc.
of the person from whom the article of food was purchased.
4. Not to give warranty or to give false warranty.
5. To use the report of analysis of the Public Analyst or Director C.F.L. for the
purpose of advertisement.
6. To violate any of the provisions of the PFA Act & rules made thereunder.
2. Directorate of Prevention of Food Adulteration (PFA)
A. Following acts of omission or commission render a food article as adulterated
(I) If the article sold by a vendor is not of the nature, 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;
(II) 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;
(III) If any inferior or cheaper substance has been substituted wholly or in part for
the article so as to affect injuriously the nature, substance or quality thereof;
(IV) If any constituent of the article has been wholly or in part abstracted so as to
3. affect injuriously the nature, substance or quality thereof;
(V) If the article had been prepared, packed or kept under insanitary conditions
whereby it has become contaminated or injurious to health;
(VI) If the article consists wholly or in part of any filthy, putrid, rotten,
decomposed or diseased animal or vegetable substance or is insect-infested or
is otherwise unfit for human consumption;
(VII) If the article is obtained from a diseased animal;
(VIII) If the article contains any poisonous or other ingredient which renders it
injurious to health;
(IX) If the container of the article is composed, whether wholly or in part, of any
poisonous or deleterious substance which renders its contents injurious to
health;
(X) If any colouring matter other than that prescribed in respect thereof if present
in the article, or if the amounts of the prescribed colouring matter which is
present in the article are not within the prescribed limits of variability;]
(XI) If the article contains any prohibited preservative or permitted preservative in
excess of the prescribed limits;
(XII) If the quality or purity of the article falls below the prescribed standards or its
constituents are present in quantities not within the prescribed limits of
variability, which renders it injurious to health;
(XIII) If the quality or purity of the article falls below the prescribed standards or
its constituents are present in quantities not within the prescribed limits of
variability but which does not render it injurious to health.
4. When the quality or purity of the article, being primary food, has fallen below
the prescribed standards or its constituents are present 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.
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 article shall not be deemed to be adulterated within the
meaning of this clause;
5. F. Every manufacture or distributor of the dealer in food articles is bounded to
give warranty in following vendors about nature and quality of such articles.
FORM VI-A
(See Rule 12-A)
WARRANTY FORM
Invoice No.: Place
Form: Dated:
To
6. Date of sale
Nature and
quality of
article/Brand
name, if any
Batch No. or
Code No.
Quantity
Price
1
2
3
4
5
7. I/We hereby certify that Food/foods mentioned in the invoice is/are warranted to be of the
nature and quality which it/these purports/purport to be.
(Signature of Manufacturer/Distributor/Dealer)
Name and Address of
Manufacturer/Packer
(In case of packed article.)
Licence No:----------------------
(wherever applicable)
A bill, cash memorandum of invoice in respect of 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.
E. Power of Consumer/Consumer organization to draw samples :-
Section 12 of PFA Act gives the following powers to the purchaser or to a
recognized consumer association:-
1) To purchase any article of food from the vendor for the analysis by the public
Analyst.
2) To get it analyzed on payment of analysis fee.
3) To obtain report of analysis
4) To launch prosecution in case sample is found adulterated.
5) To get refund of the analysis fee in case sample was found adulterated.
8. Section 12 of PFA Act 1954, reads as under
"Nothing contained in this Act shall be held to prevent a purchaser of any article of
food other than a food inspector (or a recognized consumer association, whether the
purchaser is a member of that association or not) from having such article analyzed
by the public analyst on payment of such fees as may be prescribed (at present the
prescribed fee for analysis is Rs.1000/-) and from receiving from the public analyst a
report of his analysis.
Provided that such purchaser or recognised consumer association shall, inform the
vendor at the time of purchase of his or its intention to have such article so analyzed.
Provided further that the provision of sub-section (1), sub-section (2) and
subsection (3) of section 11 shall, as far as may be, apply to a purchaser of article of
food or recognized 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 shows 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.
PROCEDURE TO BE FOLLOWED BY THE PURCHASER
1. Contact the SDM cum Local (Health) Authority of the area concerned and obtain
papers slip bearing the signature and code and Serial no of the Local Health
Authority.
2. Take 3 clean and dry glass bottle or jars or other suitable container which can be
closed sufficiently tight.
3. Procure public witness/es who can witness the sample proceedings, sign the
documents, and if required depose the facts in the court.
4. Before purchasing the sample of food for analysis, mix the entire contents of the food
with the help of some suitable clean and dry utensil i.e. spoon etc. to make the sample
representative so that the vendor does not take any benefit of doubt of not being the
sample representative.
5. Then purchase the sufficient quantity of sample i.e. 3 times the quantity as specified
9. in the tabel below:
Article of food
Approximate quantity to be supplied
(1)
(2)
1.
Milk
500ml
2.
Sterilized Milk/UHT Milk
250ml.
3.
Malai/Dahi
200gms
4.
Yoghurt/ Sweetened Dahi
300gms
5
Chhana/ Paneer/ Khoya /Shrikhand
250gms
6
Cheese/cheese spread
200gms
7
15. 50.
Proprietary Food, (Non Standardised
Foods)
300gms
51.
Canned Foods
6 sealed cans
52.
Food not specified
300gms.
6) Pay the cost of the sample and obtain a cash memo/receipt from the shop keeper
and obtain the signature of the witness/es and vendor on it
7) Ask name and address of the supplier who has supplied the commodity of which
the sample is to be purchased.
8) Give a notice in writing then and there of your intention to have it so analyzed by
the Public Analyst to the person from whom he has purchased the sample and to the
supplier, if any, whose name and address and other particulars have been disclosed.
The format of the notice is given below:
FORM VI
(See Rule 12)
16. To
_________________________________
__________________________________
I have this day taken from the premises of ____________situated at _________samples
of the food specified below to have the same analyzed by the public analyst, for
____________
Details of food:
[Code Number and Serial Number of Local (Health) Authority.]
Place Purchaser
Name and Address.
Date Area_____________
9)The notice is to be completed and signed by the vendor, witness and the purchaser
at the spot.
10) Divide the purchased sample then and there equally into 3 parts and put them into
three, clean and dry bottles or jars. In case commodity is of perishable nature i.e. milk
, paneer, cream, icecream , dahi ,khoa or khoa based and paneer based items, chutni
and prepared food or gur, prepared coffee and tea then the prescribed preservative
formalin is to be added, the quantity of formalin to be added is 8 drops per 100
grams/ml of the samples. In case of ice cream the quantity of preservative is 12 drops
per 100 gms/ml. shake the bottle well to disperse the formalin uniformly in the
contents of the bottle. For more details see Rule 20 of PFA Rules, 1955.
17. 11) In case the purchaser draws a sample from an open container he shall also draw a
sample from the sealed container in original condition of the same article bearing the
same declaration If such container is available and intimate this fact to the Public
Analyst.
If the sample taken is of sealed packages, then take three sealed packages in original
conditions of the same lot/Batch No. and having the identical label declaration.
SEALING, FASTENING AND DISPATCH OF SAMPLES
The bottles or jars containing sample for analysis shall be packed and sealed in the
following manner.
I. Manner of sending of sample for analysis :
Sample of food for the purpose of analysis shall be taken in clean and dry bottles or jars
or in other suitable containers which shall be closed sufficiently tight to prevent leakage,
evaporation or in the case of dry substance entrance of moisture and shall be carefully
sealed.
II. Bottles or containers to be labelled and addressed - All bottles or jars or other
containers containing samples for analysis shall be properly labelled and the
parcels shall be properly addressed. The label on any sample of food sent for
analysis shall bear :-
18. a. Code number and serial number of the Local ( Health ) Authority
b. Name of the sender with official designation, if any
c. Date and place of collection ;
d. Nature of article submitted for analysis ;
e. Nature and quantity of preservative if any, added to the sample;
Provided that in the case of a sample of food which has been taken from Agmark sealed
container, the label shall bear the following additional information :-
A) Grade ;
B) Agmark label no/Batch No;
C) Name of packing station
III. Manner of packing and sealing the samples - All samples of food sent for
analysis shall be packed, fastened and sealed in the following manner, namely :-
a) The stopper shall first be securely fastened so as to prevent leakage of content in
transit;
b) The bottle, jar or other container shall be completely wrapped in fairly strong thick
paper, The ends of the papers shall be neatly folded in and affixed by means of gum
or other adhesive;
c) The slip bearing the signature and code and serial number of the Local ( Health )
Authority, shall be pasted on the wrapper that goes round completely from the bottom
to top of the bottle. The signature or the thumb impression of the person from whom
the sample has been taken being affixed in such a manner that the paper slip and the
wrapper both carry a part of the signature or thumb impression : Provided that in case,
the person from whom the sample has been taken refuses to affix his signature or
thumb impression, the signature or thumb impression of the witness shall be taken in
the same manner.
d) The paper cover shall be further secured by means of strong twine or thread both
above and across the bottle, jar or other container, and the twine or thread shall then
19. be fastened on the paper cover by means of sealing wax on which there shall be at
least four distinct and clear impressions of the seal of the sender, of which one shall
be at top of the packet, one at the bottom and other two on the body of the packet.
The knots of the twine or thread shall be covered by means of sealing wax bearing the
impression of the seal of the sender.
IV. Manner of dispatching of containers of samples:- The containers of the sample
shall be dispatched in the following manner, namely:-
a) The sealed container of one part of the sample for analysis and a memorandum in
Form VII shall be in a sealed packet to the public analyst immediately but not
later than the succeeding working day by any suitable means:
b) The sealed containers of the remaining two parts of the sample and two copies of
the memorandum in Form VII shall be sent in a sealed packet to the Local
(Health) Authority immediately but not later than the succeeding working day by
any suitable means:
In case the sample has been taken from container bearing Agmark seal, the
memorandum in Form VII shall contain the following additional information,
namely:-
a) Grade;
b) Agmark label No./Batch No;
c) Name of Packing station
V. Memorandum and impression of seal to be sent separately:- A copy of the
memorandum and specimen impression of the seal used to seal the packet shall be sent, in
a sealed packet separately to the Public Analyst by any suitable means immediately but
not later than the succeeding working day.
The format of memorandum in form VII is as given below:
20. FORM VII
(See rule 17)
Memorandum to Public Analyst
From
__________________________
__________________________
To
The Public Analyst,
_____________________
______________________
No_______________________ Dated the_______________
MEMORANDUM
The sample described below is sent herewith for analysis under section 12 of the
Prevention of Food Adulteration Act, 1954.
21. 1. Code Number and Serial No of Local (Health) Authority.
2. Sample No.
3. Date and place of collection.
4. Nature of article submitted for analysis.
5. Nature and quantity of preservative, if any, added to the sample
2. A copy of this memo, and specimen impression of the seal used to seal the packet
of sample is being sent separately by post/hand.
Specimen of seal used
Purchaser ________________
Area ____________________
A vendor has a right to know the result of analysis. Vendor u/s 13 (2) can request Court
within 10 days of launching of prosecution against him to have the food sample tested at
Central Food Laboratory.
C. Powers of Food Inspectors -
(I) Take samples of food articles
(II) Send sample for analysis
(III) With previous approval of LHA/FHA prohibit the sale of any food article in the
interest of Public health.
(IV) Seize and carry away or keep in safe custody of vendor adulterated/misbranded
food articles.
(V) Order destruction of food articles seized u/s10 (4), if perishable in nature, when
LHA is satisfied and notice in writing to vendor has been given.
Note :-
1. As per Government Instructions Food Inspector must be accompanied by area
22. Sub-Divisional Magistrate having powers of Local (Health) Authority at the time of
taking samples.
2. Food Inspectors can't take samples for primary food if same is not intended for
sale as such meaning the primary food if kept for processing or to be used as input to
manufacture another variety/ kind of food.
3. Primary food means a produce of agriculture obtained from land or
Horticulture in its natural form.
4. F.I. has the power to arrest anyone for ascertaining the name and address of
person from where a sample has been taken or article of food is seized.
Food Inspector is liable to be prosecuted when
I) he vexatiously & without reasonable grounds seized any food article
II) Commits any other act to the injury of any person without having reasons
to believe that such act is necessary for execution of duty.
