5. Prohibition of Import of certain articles of food.—No person shall import into India—
(a) any adulterated food;
1. Subs. by Act 34 of 1976, s. 3, for clause (g) (w.e.f. 1-4-1976).
2. Ins. by Act 49 of 1964, s. 3 (w.e.f. 1-3-1965).
3. Subs. by s. 3, ibid., for “(g) and (h)” (w.e.f. 1-3-1965).
4. Subs. by Act 34 of 1976, s. 3, for “(g),” (w.e.f. 1-4-1976).
5. Ins. by s. 4, ibid. (w.e.f. 1-4-1976).
6. Subs. by s. 5, ibid., for sub-section (1) (w.e.f. 1-4-1976).
7. Subs. by s. 5, ibid., for clause (a) (w.e.f. 1-4-1976).
8
(b) an misbranded food;
(c) any article of food for the import of which a license is prescribed, except in accordance with
the conditions of the license; and
(d) any article of food in contravention of any other provision of this Act or any rule made
thereunder.
6. Application of law relating to sea customs and powers of Customs Officers.—(1) The law for
the time being in force relating to sea customs and to goods, the import of which is prohibited by section
18 of the Sea Customs Act, 1878 (8 of 1878) shall, subject to the provisions of section 16 of this Act,
apply in respect of articles of food, the import of which is prohibited under section 5 of this Act, and
officers of Customs and officers empowered under that Act to perform the duties imposed thereby on a
1
[Commissioner of Customs] and other officers of Customs shall have the same powers in respect of such
articles of food as they have for the time being in respect of such goods as aforesaid.
(2) Without prejudice to the provisions of sub-section (1), the 1
[Commissioner of Customs], or any
officer of the Government authorised by the Central Government in this behalf, may detain any imported
package which he suspects to contain any article of food the import of which is prohibited under section 5
of this Act and shall forthwith report such detention to the Director of the Central Food Laboratory and if,
required by him, forward the package or send samples of any suspected article of food found therein to
the said Laboratory.
7. Prohibition of manufacture, sale, etc., of certain articles of food.—No person shall himself or
by any person on his behalf manufacture for sale, or store, sell or distribute—
(i) any adulterated food;
(ii) any misbranded food;
(iii) any article of food for the sale of which a licence is prescribed, except in accordance with the
conditions of the licence;
(iv) any article of food the sale of which is for the time being prohibited by the Food (Health)
Authority 2
[in the interest of public health;
3
***]
(v) any article of food in contravention of any other provision of this Act or of any rule made
thereunder; 4
[or]
4
[(vi) any adulterant.]
4
[Explanation—For the purposes of this section, a person shall be deemed to store any adulterated
food or misbranded food or any article of food referred to in clause (iii) or clause (iv) or clause (v) if he
stores such food for the manufacture there from of any article of food for sale.]