1. Short title, extent and commencement.—(1) This Act may be called the Prevention of Food
Adulteration Act, 1954.
(2) It extends to the whole of India 1
***.
(3) It shall come into force on such date2
as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
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[(i) “adulterant” means any material which is or could be employed for the purposes of
adulteration;]
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[(ia)] “adulterated”—an article of food shall be deemed to be adulterated—
(a) 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;
(b) 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;
(c) 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;
(d) if any constituent of the article has been wholly or in part abstracted so as to affect
injuriously the nature, substance or quality thereof;
(e) if the article had been prepared, packed or kept under insanitary conditions whereby it has
become contaminated or injurious to health;
(f) if the article consists wholly or in part of any filthy, putrid, 5
*** rotten, decomposed or
diseased animal or vegetable substance or is insect-infested or is otherwise unfit for human
consumption;
(g) if the article is obtained from a diseased animal;
(h) if the article contains any poisonous or other ingredient which renders it injurious to
health;
(i) 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;
1. The words “except the State of Jammu and Kashmir” omitted by Act 41 of 1971, s. 2 (w.e.f. 26-1-1972).
2. 1st June, 1955, vide notification No. S.R.O. 1085 (E), dated 9th May, 1955, see Gazette of India, Extraordinary, Part II,
sec. 3(i).
This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I, to Pondicherry by Reg. 7 of
1963, s. 3 and Sch. I, to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch. and to Kohima and Mokokchun district in
Nagaland by Act 24 of 1972, s. 2 (w.e.f. 1-4-1973).
3. Ins. by Act 34 of 1976, s. 2 (w.e.f. 1-4-1976).
4. Clause (i) re-numbered as clause (ia), thereof by s. 2, ibid. (w.e.f. 1-4-1976).
5. The word “disgusting,” omitted by s. 2, ibid. (w.e.f. 1-4-1976).
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[(j) if any colouring matter other than that prescribed in respect thereof is 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;]
(k) if the article contains any prohibited preservative or permitted preservative in excess of
the prescribed limits;
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[(l) 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;
(m) 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.
Provided that, where 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;]
(ii) “Central Food Laboratory” means any laboratory or institute established or specified under
section 4;
(iii) “Committee” means the Central Committee for Food Standards constituted under section 3;
(iv) “Director of the Central Food Laboratory” means the person appointed by the Central
Government by notification in the Official Gazette as the Director of the Central Food Laboratory and
includes any person appointed by the Central Government in like manner to perform all or any of the
functions of the Director under this Act;
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[Provided that no person who has any financial interest in the manufacture, import or sale of any
article of food shall be appointed to be a Director under this clause;]
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[(v) “food” means any article used as food or drink for human consumption other than drug and
water and includes—
(a) any article which ordinarily enters into, or is used in the composition or preparation of,
human food,
(b) any flavouring matter or condiments, and
(c) any other article which the Central Government may, having regard to its use, nature,
substance or quality, declare by notification in the Official Gazette, as food for the purposes of
this Act;]
1. Subs. by Act 34 of 1976, s. 2, for sub-clause (j) (w.e.f. 1-4-1976).
2. Subs. by s. 2, ibid., for sub-clause (l) (w.e.f. 1-4-1976).
3. Ins. by s. 2, ibid. (w.e.f. 1-4-1976).
4. Subs. by s. 2, ibid., for clause (v) (w.e.f. 1-4-1976).
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[(vi) “Food (Health) Authority” means the Director of Medical and Health Services or the Chief
Officer in charge of Health administration in a State, by whatever designation he is known, and
includes any officer empowered by the Central Government or the State Government, by notification
in the Official Gazette, to exercise the powers and perform the duties of the Food (Health) Authority
under this Act with respect to such local area as may be specified in the notification;]
(vii) “local area” means any area, whether urban or rural, declared by 2
[the Central Government
or the State Government] by notification in the Official Gazette, to be a local area for the purposes of
this Act;
(viii) “local authority” means in the case of:—
(1) a local area which is—
(a) a municipality, the municipal board or municipal corporation;
(b) a cantonment, the cantonment authority;
(c) a notified area, the notified area committee;
(2) any other local area, such authority as may be prescribed by 2
[the Central Government or
the State Government] under this Act;
3
[(viiia) “Local (Health) Authority”, in relation to a local area, means the officer appointed by the
Central Government or the State Government, by notification in the Official Gazette, to be in charge
of Health administration in such area with such designation as may be specified therein;
(viiib) “manufacture” includes any process incidental or ancillary to the manufacture of an article
of food;]
(ix) “misbranded”—an article of food shall be deemed to be misbranded—
(a) if it is an imitation of, or is a substitute for, or resembles in a manner likely to deceive,
another article of food under the name of which it is sold, and is not plainly and conspicuously
labelled so as to indicate its true character;
(b) if it is falsely stated to be the product of any place or country;
(c) if it is sold by a name which belongs to another article of food;
(d) if it is so coloured, flavoured or coated, powdered or polished that the fact that the article
is damaged is concealed or if the articles is made to appear better or of greater value than it really
is;
(e) if false claims are made for it upon the label or otherwise;
(f) if, when sold in packages which have been sealed or prepared by or at the instance of the
manufacturer or producer and which bear his name and address, the contents of each package are
not conspicuously and correctly stated on the outside thereof within the limits of variability
prescribed under this Act;
(g) if the package containing it, or the label on the package bears any statement, design or
device regarding the ingredients or the substances contained therein, which is false or misleading
in any material particular; or if the package is otherwise deceptive with respect to its contents;
(h) if the package containing it or the label on the package bears the name of a fictitious
individual or company as the manufacturer or producer of the article;
(i) if it purports to be, or is represented as being, for special dietary uses, unless its label bears
such information as may be prescribed concerning its vitamin, mineral, or other dietary properties
in order sufficiently to inform its purchaser as to its value for such uses;
1. Subs. by Act 34 of 1976, s. 2, for clause (vi) (w.e.f. 1-4-1976).
2. Subs. by Act 49 of 1964, s. 2, for “the State Government” (w.e.f. 1-3-1965).
3. Ins. by Act 34 of 1976, s. 2 (w.e.f. 1-4-1976).
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(j) if it contains any artificial flavouring, artificial colouring or chemical preservative, without
a declaratory label stating that fact, or in contravention of the requirements of this Act or rules
made thereunder;
(k) if it is not labelled in accordance with the requirements of this Act or rules made
thereunder;
(x) “package” means a box, bottle, gasket, tin, barrel, case, receptacle, sack bag, wrapper or other
thing in which an article of food is placed or packed;
(xi) “premises” include any shop, stall, or place where any article of food is sold or manufactured
or stored for sale;
(xii) “prescribed” means prescribed by rules made under this Act;
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[(xiia) “primary food” means any article of food, being a produce of agriculture or horticulture in
its natural form;]
(xiii) “sale” with its grammatical variations and cognate expressions, means the sale of any article
of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for
human consumption or use, or for analysis, and includes an agreement for sale an offer for sale, the
exposing for sale or having in possession for sale of any such article, and includes also an attempt to
sell any such article;
(xiv) “sample” means a sample of any article of food taken under the provisions of this Act or of
any rules made thereunder;
(xv) the words “unwholesome” and “noxious” when used in relation to an article of food mean
respectively that the article is harmful to health or repugnant to human use.
2
[2A. Rule of construction.—Any reference in this act to a law which is not in force in the State of
Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law,
if any, in force in that State.]
CENTRAL COMMITTEE FOR FOOD STANDARDS AND CENTRAL FOOD LABORATORY
3. The Central Committee for Food Standards.—(1) The Central Government shall, as soon as
may be after the commencement of this Act, constitute a Committee called the Central Committee for
Food Standards to advise the Central Government and the State Governments on matters arising out of
the administration of this Act and to carry out the other functions assigned to it under this Act.
(2) The Committee shall consist of the following members, namely:—
(a) the Director-General, Health Services, ex officio, who shall be the Chairman.
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[(b) the Director of the Central Food Laboratory or, in a case where more than one Central Food
Laboratory is established, the Directors of such Laboratories, ex officio;]
(c) two experts nominated by the Central Government;
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[(d) one representative each of the Departments of Food and Agriculture in the Central
Ministry of Food and Agriculture and one representative each of the Central Ministries of Commerce,
Defence, Industry and Supply and Railways, nominated by the Central Government;]
(e) one representative each nominated by the Government of each 5
*** State;
(f) two representatives nominated by the Central Government to represent the 6
[Union territories];
1. Ins. by Act 34 of 1976, s. 2 (w.e.f. 1-4-1976).
2. Ins. by Act 41 of 1971, s. 3 (w.e.f. 26-1-1972).
3. Subs. by Act 34 of 1976, s. 3, for clause (b) (w.e.;f. 1-4-1976)
4. Subs. by Act 49 of 1964, s. 3, for clause (d) (w.e.f. 1-3-1965).
5. The words and letters “Part A State and Part B” omitted by A.O. (No. 3), 1956.
6. Subs. by A.O. (No. 3), 1956, for “Part C States”.
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[(g) one representative each, nominated by the Central Government, to represent the agricultural,
commercial and industrial interests;
(gg) five representatives nominated by the Central Government to represent the consumers’
interests, one of whom shall be from the hotel industry;]
(h) one representative of the medical profession nominated by the Indian Council of Medical
Research;
2
[(i) one representative nominated by the Indian Standards Institution referred to in clause (e) of
section 2 of the Indian Standards Institution (Certification Marks) Act, 1952 (36 of 1952).]
(3) The members of the Committee referred to in clauses (c), (d), (e), (f), 3
[
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[(g), (gg),] (h) and (i)] of
sub-section (2) shall, unless their seats become vacant earlier by registration, death or otherwise, be
entitled to hold office for three years and shall be eligible for re-nomination.
(4) The functions of the Committee may be exercised notwithstanding any vacancy therein.
(5) The Committee may appoint such and so many sub-committees as it deems fit and may appoint to
them persons who are not members of the Committee to exercise such powers and perform such duties as
may, subject to such conditions, if any, as the Committee may impose, be delegated to them by the
Committee.
(6) The Committee may, subject to the previous approval of the Central Government, make bye-laws
for the purpose of regulating its own procedure and the transaction of its business.
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[3A. Appointment of Secretary and other staff.—(1) The Central Government shall appoint a
Secretary to the Committee who shall, under the control and direction of the Committee, exercise such
powers and perform such duties as may be prescribed or as may be delegated to him by the Committee.
(2) The Central Government shall provide the Committee with such clerical and other staff as that
Government considers necessary.]
4. Central Food Laboratory.—6
[(1) The Central Government shall, by notification in the Official
Gazette, establish one or more Central Food Laboratory or Laboratories to carry out the functions
entrusted to the Central Food Laboratory by this Act or any rules made under this Act:
Provided that the Central Government may by notification in the Official Gazette, also specify any
laboratory or institute as a Central Food Laboratory for the purposes of this Act.]
(2) The Central Government may, after consultation with the Committee, make rules prescribing—
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[(a) the functions of a Central Food Laboratory and the local area or areas within which such
functions may be carried out;]
(b) the procedure for the submission to the said Laboratory of samples of articles of food for
analysis or tests, the forms of the Laboratory’s reports thereon and the fees payable in respect of such
reports;
(c) such other matters as may be necessary or expedient to enable the said Laboratory to carry out
its functions.