PREVENTION OF FOOD ADULTERATION ACT 1954 PDF

Free for one month and pay only if you like it. Short title, extent and commencement. Rule of construction. The Central Committee for Food Standards. Appointment of Secretary and other staff. Central Food Laboratory.

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Section 2. April, Clause f renumbered as Cl. Ist April, 7. March, March Extraordinary, Pt. Section 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.

Ist March. Ist April, Section 3 A. Appointment of Secretary and other staff 1[Appointment of Secretary and other staff. Section 4. Central Food Laboratory 1[ 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.

For sub-section 1 w. I st April Subs by Act 34 of Vide West Bengal Act. Published in the Calcutta Gazette, Pt. Section 5. Section 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 See.

Section 7. Prohibitions of manufacture, sale, etc. Ist March, Section 8. Public Analysts 1[Public Analysts. The Central Government or the State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications to be public analysts for such local area as may be assigned to them by the Central Government or the State Government as the case may be 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 Public Analyst under this section: 1[Provided further that different public Analysts may be appointed for different articles of food].

Section 9. Food Inspectors 1 The Central Government or the State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, leaving the prescribed qualifications to be Food Inspectors for such local areas as may be assigned to them by the Central Government or the State Government, as the case may be: 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 Food Inspector under this section.

Section Powers of Food Inspectors 1 A Food Inspector shall have power- a To take samples of any article of food from- i Any person selling such article ii Any person who is in the course of conveying, delivering or preparing to deliver such article to a purchaser or consignee: iii A consignee after delivery of any such article to him and b To send such sample for analysis to the Public Analyst for the local area within which such sample has been taken; 2[ c With the previous approval of the Local Health Authority having jurisdiction in the local area, concerned, or with the previous approval of the Food Health Authority, to prohibit the sale of- any article of food in the interest of public health.

Vinod Kumar v. State of Punjab, Cr. I see also Hariram v. State of M. R at p. P ; State of U. I st April, 3. I st April, Ist April Subs by ibid. For certain words w. Sadhram v. Procedure to be followed by Food Inspectors 1 When a Food Inspector takes a sample of food for analysis, he shall- a Give notice in writing then and there of his intention to have it so analysed to the person from whom he has taken the sample and to the person, if any whose name, address and other particulars have been disclosed Sec.

C To the public analyst for analysis. Ist April. Sec 9 w. Ist April , I st May, 11 For the words purchaser of article. Report of public analyst 1[ 1 The public analyst shall deliver, in such from as may be prescribed.

Manufacturers, distributors, and dealers to give warranty 1[Manufacturers, distributors, and dealers to give warranty. Ist March Ins, by ibid. For the proviso w. Section 14 A. Vendor to disclose the name, etc. Notification of food poisoning 1[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.

Municipal Corporation of Delhi v. Ram Chand. Penalties 1[ 1 Subject to the provisions of subsection I -A it any person, — a Whether by himself or by any other person on his behalf, imports into India or manufactures for sale, or stores, sells or distributes any article of food— i Which is adulterated within the meaning of sub-clause m Of Cl. IO sells or distributes such article, which is found by the Magistrate before whom it is produced to be adulterated within the meaning of sub-clause h of Cl.

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. Six months but which may extend to six year. And with fine which shall not be less than one thousand rupees. The following words shall be substituted. The judgment the Court may impose a sentence which is less than a sentence of imprisonment for life. Act 34 of , Sec. Ist April , 2. For sub-section 1-B w. Section 16 A.

Power of Court to try cases summarily 1[Power of Court to try cases summarily. Notwithstanding anything contained in the Code of Criminal Procedure, 2 of , all offences under subsection 1 of Sec. Offences by companies 1[Offences by companies. 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.

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 there under, the article of food in respect of which the contravention has been committed may be forfeited to the Government. Ins by Act 34 of , Sec. 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.

Burden of proof. Misbranded shall be on the person from whose possess such article intended for food was seized. The, following section shall be inserted, namely: Burden-of—proof.

Act No- 47 of w. Cognizance and trial of offences 1[ 1 No prosecution for an offence under this Act, not being an offence under this Sec. Cognizance offences and arrest without warrant. Ist, April Subs by Act 49 to , Sec. II for certain words w. Ist May, Section 20 A. Power of Court to implead manufacturers, etc 1[Power of Court to implead manufacturers, 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 2[sub-section 3 of Sec.

I st April. Section 20 AA. Application of the Probation of Offenders Act, and Sec. Nothing contained in the Probation of Offenders Act, 20 of , or Sec.

Notwithstanding anything contained in Sec. 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.

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