4
[14. Manufacturers, distributors and dealers to give warranty.—No 5
[manufacturer or distributor
of, or dealer in,] any article of food shall sell such article to any vendor unless he also gives a warranty in
writing in the prescribed form about the nature and quality of such article to the vendor.
6
[Provided that a bill, cash memorandum or invoice in respect of the 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 under this section.]
Explanation—In this section, in sub-section (2) of section 19 and in section 20A, the expression
“distributor” shall include a commission agent.
14A. Vendor to disclose the name, etc., of the person from whom the article of food was
purchased.—Every vendor of an article of food shall, is so required, disclose to the food inspector the
name, address and other particulars of the person from whom he purchased the article of food.]
15. Notification of food poisoning.—7
[The Central Government or the State Government] may , by
notification in the Official Gazette, require medical practitioners carrying on their profession in any local
area specified in the notification to report all occurrences of food poisoning coming within their
cognizance to such officer as may be specified in the notification.
16. Penalties.—8
[(1) Subject to the provisions of sub-section (1A) if any person—
(a) Whether by himself or by any other person on his behalf, imports into India or manufacturers
for sale or stores, sells or distributes any article of food—
(i) which is adulterated within the meaning of sub-clause (m) of clause (ia) of section 2 or
misbranded within the meaning of clause (ix) of that section or the sale of which is prohibited
under any provision of this Act or any rule made thereunder or by an order of the Food (Health)
Authority;
(ii) Other than an article of food referred to in sub-clause (I), in contravention of any of the
provision of this Act or of any rule made thereunder, or
1. Subs. by Act 34 of 1976, s. 10, for “under sub-section (2) (w.e.f. 1-4-1976).
2. Subs. by s. 10, ibid., for the proviso (w.e.f. 1-4-1976).
3. Ins. by s. 10, ibid. (w.e.f. 1-4-1976).
4. Subs. by Act 49 of 1964, s. 7, for section 14 (w.e.f. 1-3-1965).
5. Subs. by Act 34 of 1976, s. 11, for “manufacturer, distributor or dealer of” (w.e.f. 1-4-1976).
6. Ins. by s. 11, ibid. (w.e.f. 1-4-1976).
7. Subs. by Act 49 of 1964, s. 8, for “The State Government” (w.e.f. 1-3-1965).
8. Subs. by Act 34 of 1976, s. 12, for sub-section (1) (w.e.f. 1-4-1976).
15
(b) whether by himself or by any other person on his behalf, imports into India or manufacturers
for sale or stores, sells or distributes any adulterant which is not injurious to health; or
(c) prevents a food inspector from taking a sample as authorised by this Act; or
(d) prevents a food inspector from exercising any other power conferred on him by or under this
Act; or
(e) being a manufacturer of an article of food, has in his possession, or in any of the premises
occupied by him, any adulterant which is not injurious to health; or
(f) uses any report or certificate of a test or analysis made by the Director of the Central Food
Laboratory or by a public analyst or any extract thereof for the purpose of advertising any article of
food; or
(g) whether by himself or by any other person on his behalf, give to the vendor a false warranty in
writing in respect of any article of food sold by him.
he shall, in addition to the penalty to which he may be liable under the provisions of section 6, be
punishable with imprisonment for a term which shall not be less than six months but which may extend to
three years, and with fine which shall not be less than one thousand rupees:
Provided that—
(i) if the offence is under sub-clause (I) of clause (a) and is with respect to an article of food,
being primary food, which is adulterated due to human agency or is with respect to an article of food
which is misbranded within the meaning of sub-clause (k) of clause (ix) of section 2; or
(ii) if the offence is under sub-clause (ii) of clause (a), but not being an offence with respect to the
contravention of any rule made under clause (a) or clause (g) of sub-section (1A) of section 23 or
under clause (b) of sub-section (2) of section 24,
the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence
of imprisonment for a term which shall not be less than three months but which may extend to two years,
and with fine which may extend to two years, and with fine which shall not be less than five hundred
rupees:
Provided further that if the offence is under sub-clause (ii) of clause (a) and is with respect to the
contravention of any rule made under clause (a) or clause (g) of sub-section (1A) of section 23 or under
clause (b) of sub-section (2) of section 24, the court may, for any adequate and special reasons to be
mentioned in the judgment, impose a sentence of imprisonment for a term which may extend to three
months and with fine which may extend to five hundred rupees.]
1
[(1A) If any person whether by himself or by any other person on his behalf, imports into India or
manufactures for sale, or stores, sells or distributes—
(i) any article of food which is adulterated within the meaning of any of the sub-clause (e) to (l)
(both inclusive) of clause (ia) of section 2; or
(ii) any adulterant which is injurious to health,
he shall, in addition to the penalty to which he may be liable under the provisions of section 6, be
punishable with imprisonment for a term which shall not be less than one year but which extend to six
years and with fine which shall not be less than two thousand rupees:
Provided that if such article of food or adulterant, when consumed by any person is likely to cause his
death or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of
section 320 of the Indian Penal code (45 of 1860), he shall be punishable with imprisonment for a term
which shall not be less than three years but which may extend to term of life and with fine which shall not
be less than five thousand rupees.]
1. Ins. by Act 34 of 1976, s. 12 (w.e.f. 1-4-1976).
16
1
[(1AA)] if any person in whose safe custody any article of food has been kept under sub-section (4)
of section 10, tampers or in any other manner interferes with such article, he shall be punishable with
imprisonment for a term which shall not be less than six months but which may extend to two years and
with fine which shall not be less than one thousand rupees.
2
[(1B) if any person in whose safe custody any article of food has been kept under sub-section (4) of
section 10, sells or distributes such article which is found by magistrate before whom it is produced to be
adulterated within the meaning of sub-clause (h) of clause (ia) of section 2 and which, when consumed by
any person, is likely to cause his death or is likely to cause such harm on his body as would amount to
grievous hurt within the meaning of section 320 of the Indian Penal Code (45 of 1860), then
notwithstanding anything contained in sub-section (1AA), he shall be punishable with imprisonment for a
term which shall not be less than three years but which may extend to term of life and with fine which
shall not be less than five thousand rupees.]
(1C) if any person contravenes the provisions of section 14 or section 14A, he shall be punishable
with imprisonment for a term which may extend to six months and with fine which shall not be less than
five hundred rupees.
(1D) if any person convicted of an offence under this Act commits a like offence afterwards, then
without prejudice to the provision of sub-section (2), the court, before which the second or subsequent
conviction takes place, may order the cancellation of the licence, if any, granted to him under this Act and
thereupon such licence shall, notwithstanding anything contained in this Act or in the rules made
thereunder, stand cancelled.
(2) if any persons convicted of an offence under this Act commits a like offence afterwards it shall be
lawful for the court before which the second or subsequent conviction takes place to cause the offender's
name and place of residence, the offence and the penalty imposed to be published at the offender's
expense in such newspapers or in such other manner as the court may direct. The expenses of such
publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the
same manner as a fine.
3
[16A. Power of court to try cases summarily.—Notwithstanding anything contained in the code of
Criminal Procedure, 1973 (2 of 1974), all offences under sub-section (1) of section 16 shall be tried in a
summary way by a judicial Magistrate of the first class specially empowered in this behalf by the State
Government or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of
the said Code shall, as far as may be, apply to such trial:
Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for
the Magistrate to pass a sentence of imprisonment for a term not exceeding one year:
Provided further that when at the commencement of, or in the course of, a summary trial under this
section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for
a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the
case summarily, the Magistrate shall after hearing the parties, record an order to that effect and thereafter
recall any witness who may have been examined and proceed to hear or rehear the case in the manner
provided by the said Code.]
4
[17. Offences by companies.—(1) Where an offence under this Act has been committed by a
company—
(a) (i) the person, if any, who has been nominated under sub-section (2) to be in charge of, and
responsible to, the company for the conduct of the business of the company (hereinafter in this
section referred to as the person responsible), or
1. Sub-section (1A) re-numbered as sub-section (1AA) thereof by Act 34 of 1976, s. 12 (w.e.f. 1-4-1976).
2. Subs. by s. 12, ibid., for sub-section (1B) (w.e.f 1-4-1976).
3. Ins. by s. 13, ibid. (w.e.f. 1-4-1976).
4. Subs. by s. 14, ibid., for section 17 (w.e.f. 1-4-1976).
17
(ii) where no person has been so nominated, every person who at the time the offence was
committed was in charge of, and was responsible to, the company for the conduct of the business of
the company; and
(b) the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act if he proves that the offence was committed without his knowledge and
that he exercised all due diligence to prevent the commission of such offence.
(2) Any company may, by order in writing, authorise any of its directors or managers (such manager
being employed mainly in a managerial or supervisory capacity) to exercise all such powers and take all
such steps as may be necessary or expedient to prevent the commission by the company or any offence
under this Act and may give notice to the Local (Health) Authority, in such form and in such manner as
may be prescribed, that it has nominated such director or manager as the person responsible, along with
the written consent of such director or manager for being so nominated.
Explanation.—Where a company has different establishments or branches or different units in any
establishment or branch, different persons may be nominated under this sub-section in relation to different
establishments or branches or units and the person nominated in relation to any establishment, branch or
unit shall be deemed to be the person responsible in respect of such establishment, branch or unit.
(3) The person nominated under sub-section (2) shall, until—
(i) further notice cancelling such nomination is received from the company by the Local (Health)
Authority; or
(ii) he ceases to be a director or, as the case may be, manager of the company; or
(iii) he makes a request in writing to the Local (Health) Authority, under intimation to the
company, to cancel the nomination [which request shall be complied with by the Local (Health)
Authority.]
whichever is the earliest, continue to be the person responsible:
Provided that where such person ceases to be a director or, as the case may be, manager of the
company, he shall intimate the fact of such cesser to the Local (Health) Authority:
Provided further that where such person makes a request under clause (iii), the Local (Health)
Authority shall not cancel such nomination with effect from a date earlier than the date on which the
request is made.
(4) Notwithstanding anything contained in the foregoing sub-sections, where an offence under this
Act has been committed by a company and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary,
or other officer of the company, [not being a person nominated under sub-section (2) such director,
manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to
be proceeded against and punished accordingly.
Explanation.—For the purposes of this section—
(a) “company” means any body corporate and includes a firm or other association of individuals;
(b) “director”, in relation to a firm, means a partner in the firm; and
(c) “manager” in relation to a company engaged in hotel industry, includes the person in charge
of the catering department of any hotel managed or run by it.]
18. Forfeiture of property.—Where any person has been convicted under this Act for the
contravention of any of the provisions of this Act or of any rule thereunder, the article of food in respect
of which the contravention has been committed may be forfeited to the Government.
18
1
[Provided that where the court is satisfied that the article of food is capable of being made to
conform to prescribed standards for human consumption after reprocessing, the court may order the
article of food to be returned to the owner, on his executing a bond with or without sureties, for being
sold, subject to the other provisions of this Act, after reprocessing under the supervision of such officer as
may be specified therein.]
19. Defences which may or may not be allowed in prosecutions under this Act.—(1) It shall be no
defence in a prosecution for an offence pertaining to the sale of any adulterated or misbranded article of
food to allege merely that the vendor was ignorant of the nature, substance or quality of the food sold by
him or that the purchaser having purchased any article for analysis was not prejudiced by the sale.
2
[(2) A vendor shall not be deemed to have committed an offence pertaining to the sale of any
adulterated or misbranded article of food if he proves—
(a) that he purchased the article of food—
(i) in a case where a licence is prescribed for the sale thereof, from a duly licensed
manufacturer, distributor or dealer,
(ii) in any other case, from any manufacturer, distributor or dealer,
with a written warranty in the prescribed form; and
(b) that the article of food while in his possession was properly stored and that he sold it in the
same state as he purchased it.]
(3) Any person by whom a warranty as is referred to 3
[in section 14] is alleged to have been given
shall be entitled to appear at the hearing and give evidence.
20. Cognizance and trial of offences.—(1) 4
[No prosecution for an offence under this Act not being
an offence under section 14 or section 14A] shall be instituted except by, or with the written consent of,
5
[the Central Government or the State Government 6
*** or a person authorised in this behalf, by general
or special order, by the Central Government or the State Government 6
***]:
Provided that a prosecution for an offence under this Act may be instituted by a purchaser 7
[or
recognised consumer association] referred to in section 12, 8
[if he or it produces] in court a copy of the
report of the public analyst along with the complaint.
9
[(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class
shall try any offence under this Act.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an
offence punishable under sub-section (1AA) of section 16 shall be cognizable and non-bailable).]
10[20A. Power of court to implead manufacturer, etc.—Where at any time during the trial of any
offence under this Act alleged to have been committed by any person, not being the manufacturer,
distributor or dealer of any article of food, the court is satisfied, on the evidence adduced before it, that
such manufacturer, distributor or dealer is also concerned with that offence, then, the court may,
notwithstanding anything contained in 11[sub-section (3) of section 319 of the Code of Criminal
Procedure, 1973 (2 of 1974)] or in section 20 proceed against him as though a prosecution had been
instituted against him under section 20.]
1. Ins. by Act 34 of 1976, s. 15 (w.e.f. 1-4-1976).
2. Subs. by Act 49 of 1964, s. 10, for sub-section (2) (w.e.f. 1-3-1965).
3. Subs. by s. 10, ibid., for “in sub-section (2)” (w.e.f. 1-3-1965).
4. Subs. by Act 34 of 1976, s. 16, for “No prosecution for an offence under this Act” (w.e.f. 1-4-1976).
5. Subs. by Act 49 of 1964, s. 11, for certain words (w.e.f. 1-3-1965).
6. The words “or a local authority” omitted by Act 34 of 1976, s. 16 (w.e.f. 1-4-1976).
7. Ins. by Act 70 of 1986, s. 3 (w.e.f. 1-5-1987).
8. Subs. by s. 3, ibid., for “if he produces” (w.e.f. 1-5-1987).
9. Subs. by Act 34 of 1976, s. 16, for sub-section (2) (w.e.f. 1-4-1976).
10. Ins. by Act 49 of 1964, s. 12 (w.e.f. 1-3-1965).
11. Subs. by Act 34 of 1976, s. 17, for “sub-section (1) of section 351 of the Code of Criminal Procedure, 1898, (5 of 1898)”
(w.e.f. 1-4-1976).
19
1
[20AA. Application of the Probation of Offenders Act, 1958 and section 360 of the Code of
Criminal Procedure, 1973.—Nothing contained in the Probation of offenders Act, 1958 (20 of 1958) or
section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to a person convicted of an
offence under this Act unless that person is under eighteen years of age.]
2
[21. Magistrate’s power to impose enhanced penalties.—Notwithstanding anything contained in
section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan
Magistrate or any Judicial Magistrate of the first class to pass any sentence authorised by this Act, except
a sentence of imprisonment for life or for term exceeding six years in excess of his powers under the said
section.]
22. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall,
lie against any person for anything which is in good faith done or intended to be done under this Act.
3
[22A. Power of Central Government to give directions.—The Central Government may give such
such directions as it may deem necessary to a State Government regarding the carrying into execution of
all or any of the provisions of this Act and the State Government shall comply with such directions.]
23. Power of the Central Government to make rules.—4
[(1) The Central Government may, after
consultation with the Committee and after previous publication by notification in the Official Gazette,
make rules to carry out the provisions of this Act:
Provided that consultation with the Committee may be dispensed with if the Central Government is of
the opinion that circumstances have arisen which render it necessary to make rules without such
consultation, but, in such a case, the Committee shall be consulted within six months of the making of the
rules and the Central Government shall take into consideration any suggestions which the Committee may
make in relation to the amendment of the said rules.]
5
[(1A)]
6
[In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—]
(a) specifying the articles of food or classes of food for the import of which a licence is
required and prescribing the form and conditions of such licence, the authority empowered to issue
the same, 7
[the fees payable therefor, the deposit of any sum as security for the performance of the
conditions of the licence and the circumstances under which such licence or security may be
cancelled or forfeited];
(b) defining the standards of quality for, fixing the limits of variability permissible in respect of,
any article of food;
(c) Laying down special provisions for imposing rigorous control over the production,
distribution and sale of any article or class of articles of food which the Central Government may, by
notification in the Official Gazette, specify in this behalf including registration of the premises where
they are manufactured, maintenance of the premises in a sanitary condition and maintenance of the
healthy state of human beings associated with the production, distribution and sale of such article or
class of articles;
(d) restricting the packing and labelling of any article of food and the design of any such package
or label with a view to preventing the public or the purchaser being deceived or misled as to the
character, quality or quantity of the article 4
[or to preventing adulteration].
(e) defining the qualifications powers and duties of food inspectors and public analysis;
1. Ins. by Act 34 of 1976, s. 18 (w.e.f. 1-4-1976).
2. Subs. by s. 19, ibid., for section 21 (w.e.f. 1-4-1976).
3. Ins. by s. 20, ibid. (w.e.f. 1-4-1976).
4. Ins. by s. 21, ibid. (w.e.f. 1-4-1976).
5. Sub-section (1) re-numbered as sub-section (1A) thereof by s. 21, ibid. (w.e.f. 1-4-1976).
6. Subs. by s. 21, ibid., for certain words (w.e.f. 1-4-1976).
7. Subs. by Act 49 of 1964, s. 13, for “and the fees payable therefor” (w.e.f. 1-3-1965).
20
1
[(ee) defining the laboratories where samples of articles of food or adulterants may be analysed
by public analysts under this Act];
(f) prohibiting the sale or defining the conditions of sale of any substance which may be injurious
to health when used as food or restricting in any manner its use as an ingredient in the manufacture of
any article of food or regulating by the issue of licences the manufacture or sale of any article of food;
(g) defining the conditions of sale or conditions for licence of sale of any article of food in the
interest of public health;
(h) specifying the manner in which containers for samples of food purchased for analysis shall be
sealed up or fastened up;
1
[(hh) defining the methods of analysis;]
(i) specifying a list of permissible preservatives, other than common salt and sugar, which alone
shall be used in preserved fruits, vegetables or their products or any other article of food as well as the
maximum amounts of each preservative;
(j) specifying the colouring matter and the maximum quantities thereof which may be used in any
article of food;
(k) providing for the exemption from this Act or of any requirements contained therein and
subject to such conditions, if any, as may be specified, of any article or class of articles of food.
(l) prohibiting or regulating the manufacture, transport or sale of any article known to be used as
an adulterant of food;
(m) Prohibiting or regulating—
(i) the addition of any water, or other diluent or adulterant to any article of food;
(ii) the abstraction of any ingredient from any article of food;
(iii) the sale of any article of food to which such addition or from which such abstraction has
been made or which has been otherwise artificially treated;
(iv) the mixing of two or more articles of food which are similar in nature or appearance.
(n) providing for the destruction of such articles of food as are not in accordance with the
provisions of this Act or of the rules made thereunder.
2
[(2) Every rule made by the Central Government under this act shall be laid as soon as may be after
it is made before each House of Parliament while it is in session for a total period of thirty days 3
[which
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid] both Houses agree in
making and modification in the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that
any such modification or annulment shall be without prejudice to the validity of anything previously done
under that rule.]
24. Power of the State Government to make rules.—(1) The State Government may, after
consultation with the Committee and subject to the condition of previous publication, make rules for the
purpose of giving effect to the provisions of this Act in matters not falling within the purview of section
23.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may—
(a) define the powers and duties of the Food (Health) Authority, 4
[local authority and Local
(Health) Authority under this Act]; 5
***
1. Ins. by Act 34 of 1976. s. 21 (w.e.f. 1-4-1976).
2. Subs. by Act 49 of 1964, s. 13, for sub-section (2) (w.e.f. 1-3-1965).
3. Subs. by Act 34 of 1976, s. 21, for certain words (w.e.f. 1-4-1976).
4. Subs. by s. 22, ibid., for “and local authority” (w.e.f. 1-4-1976).
5. The words “and jurisdiction of food inspectors and public analysts” omitted by Act 49 of 1964, s. 14 (w.e.f. 1-3-1965).
21
(b) prescribe the forms of licences for the manufacture for sale, for the storage, for the sale and
for the distribution of articles of food or any specified article of food or class of articles of food, the
form of application for such licences, the conditions subject to which such licences may be issued, the
authority empowered to issue the same, 1
[the fees payable therefor, the deposit of any sum as security
for the performance of the conditions of the licences and the circumstances under which such licences
or security 2
[may be suspended, cancelled or forfeited].
(c) direct a fee to be paid for analysing any article of food or for any matter for which a fee may
be prescribed under this Act.
(d) direct that the whole or any part of the fines imposed under this Act shall be paid to a local
authority on realisation;
(e) provide for the delegation of the powers and functions conferred by this Act on the State
Government or the Food (Health) Authority to subordinate authorities or to local authorities.
(3) All rules made by the State Governments under this Act, shall, as soon as possible after they are
made, be laid before the respective State Legislatures.
25. Repeal and Saving.—(1) If, immediately before the commencement of this Act, there is in force
in any State to which this Act extends any law corresponding to this Act, that corresponding law shall
upon such commencement stand repealed.
(2) Notwithstanding the repeal by this Act of any corresponding law, all rules, regulations and byelaws relating to the prevention of adulteration of food made under such corresponding law and in force
immediately before the commencement of this Act shall, except where and so far as they are inconsistent
with or repugnant to the provisions of this Act, continue in force until altered, amended or repealed by
rules made under this Act.
3
[(3) (a) References to the commencement of this Act in this section shall be construed as references
to the commencement of the Prevention of Food Adulteration (Amendment) Act, 1971 (41 of 1971).
(b) For the avoidance of doubt, it is hereby declared that the provisions of sub-section (2) shall be
without prejudice to the provisions contained in section 6 of the General Clauses Act, 1897 (10 of 1897)
which shall also apply to the repeal of the corresponding law in force in the State of Jammu and Kashmir
as if such corresponding law had been an enactment.]