19. Use of food additive or processing aid.–No article of food shall contain any food additive or
processing aid unless it is in accordance with the provisions of this Act and regulations made thereunder.
Explanation.–For the purposes of this section, ―processing aid‖ means any substance or material, not
including apparatus or utensils, and not consumed as a food ingredient by itself, used in the processing of
raw materials, foods or its ingredients to fulfil a certain technological purpose during treatment or
processing and which may result in the non-intentional but unavoidable presence of residues or
derivatives in the final product.
20. Contaminants, naturally occurring toxic substances, heavy metals, etc.–No article of food
shall contain any contaminant, naturally occurring toxic substances or toxins or hormone or heavy metals
in excess of such quantities as may be specified by regulations.
21. Pesticides, veterinary drugs residues, antibiotic residues and microbiological counts.–(1) No
article of food shall contain insecticides or pesticides residues, veterinary drugs residues, antibiotic
residues, solvent residues, pharmacological active substances and micro-biological counts in excess of
such tolerance limit as may be specified by regulations.
(2) No insecticide shall be used directly on article of food except fumigants registered and approved
under the Insecticides Act, 1968 (46 of 1968).
Explanation.–For the purposes of this section,–
(1) ―pesticide residue‖ means any specified substance in food resulting from the use of a pesticide
and includes any derivatives of a pesticide, such as conversion products, metabolites, reaction
products and impurities considered to be of toxicological significance and also includes such residues
coming into food from environment;
(2) ―residues of veterinary drugs‖ include the parent compounds or their metabolites or both in
any edible portion of any animal product and include residues of associated impurities of the
veterinary drugs concerned.
22. Genetically modified foods, organic foods, functional foods, proprietary foods, etc.–Save as
otherwise provided under this Act and regulations made thereunder, no person shall manufacture,
distribute, sell or import any novel food, genetically modified articles of food, irradiated food, organic
foods, foods for special dietary uses, functional foods, neutraceuticals, health supplements, proprietary
foods and such other articles of food which the Central Government may notify in this behalf.
Explanation.–For the purposes of this section,–
(1) ―foods for special dietary uses or functional foods or nutraceuticals or health supplements‖ means:
(a) foods which are specially processed or formulated to satisfy particular dietary requirements
which exist because of a particular physical or physiological condition or specific diseases and
disorders and which are presented as such, wherein the composition of these foodstuffs must differ
significantly from the composition of ordinary foods of comparable nature, if such ordinary foods
exist, and may contain one or more of the following ingredients, namely:–
(i) plants or botanicals or their parts in the form of powder, concentrate or extract in water,
ethyl alcohol or hydro alcoholic extract, single or in combination;
(ii) minerals or vitamins or proteins or metals or their compounds or amino acids (in amounts
not exceeding the Recommended Daily Allowance for Indians) or enzymes (within permissible
limits);
(iii) substances from animal origin;
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(iv) a dietary substance for use by human beings to supplement the diet by increasing the total
dietary intake;
(b) (i) a product that is labelled as a ―Food for special dietary uses or functional foods or
nutraceuticals or health supplements or similar such foods‖ which is not represented for use as a
conventional food and whereby such products may be formulated in the form of powders, granules,
tablets, capsules, liquids, jelly and other dosage forms but not parenterals, and are meant for oral
administration;
(ii) such product does not include a drug as defined in clause (b) and ayurvedic, sidha and unani
drugs as defined in clauses (a) and (h) of section 3 of the Drugs and Cosmetics Act, 1940 (23 of
1940) and rules made thereunder;
(iii) does not claim to cure or mitigate any specific disease, disorder or condition (except for
certain health benefit or such promotion claims) as may be permitted by the regulations made under
this Act;
(iv) does not include a narcotic drug or a psychotropic substance as defined in the Schedule of the
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) and rules made thereunder and
substances listed in Schedules E and EI of the Drugs and Cosmetics Rules, 1945;
(2) ―genetically engineered or modified food‖ means food and food ingredients composed of or
containing genetically modified or engineered organisms obtained through modern biotechnology, or food
and food ingredients produced from but not containing genetically modified or engineered organisms
obtained through modern biotechnology;
(3) ―organic food‖ means food products that have been produced in accordance with specified organic
production standards;
(4) ―proprietary and novel food‖ means an article of food for which standards have not been specified
but is not unsafe:
Provided that such food does not contain any of the foods and ingredients prohibited under this Act
and the regulations made thereunder.
23. Packaging and labelling of foods.–(1) No person shall manufacture, distribute, sell or expose for
sale or despatch or deliver to any agent or broker for the purpose of sale, any packaged food products
which are not marked and labelled in the manner as may be specified by regulations:
Provided that the labels shall not contain any statement, claim, design or device which is false or
misleading in any particular concerning the food products contained in the package or concerning the
quantity or the nutritive value implying medicinal or therapeutic claims or in relation to the place of
origin of the said food products.
(2) Every food business operator shall ensure that the labelling and presentation of food, including
their shape, appearance or packaging, the packaging materials used, the manner in which they are
arranged and the setting in which they are displayed, and the information which is made available about
them through whatever medium, does not mislead consumers.
24. Restrictions of advertisement and prohibition as to unfair trade practices.–No advertisement
shall be made of any food which is misleading or deceiving or contravenes the provisions of this Act, the
rules and regulations made thereunder.
(2) No person shall engage himself in any unfair trade practice for purpose of promoting the sale,
supply, use and consumption of articles of food or adopt any unfair or deceptive practice including the
practice of making any statement, whether orally or in writing or by visible representation which–
(a) falsely represents that the foods are of a particular standard, quality, quantity or gradecomposition;
(b) makes a false or misleading representation concerning the need for, or the usefulness;
(c) gives to the public any guarantee of the efficacy that is not based on an adequate or scientific
justification thereof:
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Provided that where a defence is raised to the effect that such guarantee is based on adequate or
scientific justification, the burden of proof of such defence shall lie on the person raising such
defence.