Author: Ritika Ahari
Edited By: Aneel Meghani
INTRODUCTION-
Food is the basic and primary need of the person. Food adulteration is a major problem in society that may exist due to high demand and moderate supply, the high demand for food products is increasing due to inflation in population. In a Country like India, where awareness of technology is not common and agricultural methods are not so advanced and also weather-related issues may be responsible for the increasing problem of adulterated food. Various laws and institutions have been established to prohibit adulterated food. Penal provisions were also introduced by the authorities and institutions to inspect food products and manufactured food items. Food Safety and Standards Authority of India issues licenses to start any food manufacturing or related issues and also inspects the safety standards fixed by the said authority. Food adulteration is the process through which any other thing is used in food products to increase the quantity. Food colours, Chemicals, etc may be used to mix with natural food products to resemble them and to increase the quantity. Mostly the cases of Adulterated milk, rice made of plastic, pebbles mixed with food grains, rice and lentils, and papaya seeds are mixed with spices, and recently various spices companies were found guilty by the court of mixing chemicals in the spices, which causes cancer. Misrepresentation of Fudge people by representing the food products as natural by using taglines like ayurvedic, natural, homemade, and homeopathic, etc. Also, green colour is used in the packaging of food products to give people confidence about its naturality. Companies that claim that their products are full of protein and beneficial for children are found guilty of misleading information by the Court. The main aim behind adulteration is to reduce raw materials and to reduce manufacturing costs. Such adulterated food may cause various health injuries like diabetes, high Blood pressure, cardiovascular disease, Obesity, etc. “Good food should be a right, not a privilege.” The right to food and the right to healthier food is the fundamental right of a person. Good food is the key to a better tomorrow for this purpose Government of India introduced mid- mid-terms day- mil scheme in government schools for the better growth of the children and to reduce the cases of vitamin malnutrition.
Keywords (Minimum 5): Food adulteration, Contaminants, economically motivated adulteration (EMA), Artificial additives, Food safety, Adulterants.
Meaning, Definition & Explanation – Food adulteration –
Mixing of colorants, chemicals, etc. to enhance the quantity of the food products. The term’ Food’ refers to all the products that can be consumed orally, may considered food, and any kind of Contamination or addition of any other adulterant referred to as adulterated food products. The act of food adulteration is a legal offense and the person may be found guilty if the food products do not meet the standards set by the government or by any authority authorized by the government.
Adulterants – the substances that are additionally used in the food products to enhance the quantity of food products but which lower the natural quality of the food products.
Food Substitution – refers to the direct alteration of food material any part of it or alteration made as a whole. In which any inferior or fake food products are used as natural products. This method is specially used to substitute dairy and meat products. Also, fruit Juices are substituted by cheaper colouring agents, sugar, and flavour and by using preservatives, and resemble fresh fruit Juice.1
When Food is Adulterated – According to the Prevention of Food Adulteration Act, 1954 Food is considered adulterated if it does not fulfil the demand of the purchaser, in which form the purchaser demands the food product, if the purchaser substitutes food product with external addition of any substance which is harmful to a human body, it may do not have an immediate effect but have harmful effect after consumption for a long time, if food product prepared in an unhygienic manner, if any contaminated or expired substance used in packaging or production of food product, if preservatives added in a food product are beyond the limit prescribed by the FSSAI or stored in poisonous and unhealthy conditions.
“Authority to regulate Food standards in India and Penalties related to adulterated food- Food Safety and Security Authority of India (FSSAI) under the Food Safety and Security Act, 2006 is a regulating authority for the manufacturing, packing, storage, distribution, import, and sale to ensure the good quality of food. This Act was enforced to set up a single food quality platform for various food products.”2 Detect Adulteration with a Rapid Test (DART) examination can be done to check the adulterated food, which was introduced by FSSAI. A tier Complaint redressal system is also introduced to deal with cases of food adulteration under which the first complaint should be made to the manufacturer, secondly, a complaint made to the Local Health Authority of the District or Commissioner of Food Safety of the State, and finally if complaint not redressed by the prior authorities, then the final complaint shall be done to Consumer Forum. The Advertising Standards Council of India is an online portal to file a complaint related to food adulteration. Penal provisions are also available to punish the manufacturer or vendor who manufactures, stores, or sells any kind of Adulterated food products, “he will be liable under section 16 of the Prevention of Food Adulteration (PFA) Act, 1954 and will also be punished with imprisonment of 6 months and with a fine of rupees 1000 under section 272 of IPC for selling of adulterated food or drink which are hazardous for health consumption. The punishment could also extend depending on the grievousness of the act done by the manufacturer or vendor.”3
Causes / Effect on Health – Adulterated food may have a normal to severe impact on a person’s health, it may irritate the stomach, symptom and food poisoning like vomiting, burns, etc. Fatty food substances may cause Obesity, weakness, high blood pressure and also cardiovascular diseases, Gastrointestinal disturbances, Liver disorders, Toxicity in the body, etc. For example – In Turmeric Powder, various Pesticide residues, sawdust, chalk dust, industrial dyes, metal yellow dye arsenic, lead metal, etc. used in manufacturing and in packaging which may cause Cancer and Stomach disorders.
Types / Kinds of Food Adulteration & Causes –
- Intentional Adulteration: – In this type, a vendor may mix other substances with foodstuff to the actual weight of the foodstuff and gain profits. For instance, Papaya seeds are mixed with es, which look like black pepper
- Incidental Adulteration: – In incidental Adulteration, poisonous substances or other substances are mixed with the foodstuff negligently without packing or suffering. Various pesticides are used in room products and are stored in huge amounts, negligently pesticides may be mixed with the food products which are not properly packed.
- Metallic Adulteration – Metallic substances may be mixed with foodstuff, either it can be intentionally or incidentally.
- Packaging Hazardous – Poisonous substances that may come into contact with food products, at the time of packaging and preserving.
The main cause behind food adulteration is Profit Maximization, Seller may will to get more profit through adulteration and substitution in food products. Water is mixed with the milk to increase the quantity of milk and to gain more profit is the best example of food Maximisation. Sometimes production of foodstuffs like crops etc. may affected due to weather conditions or any other natural calamities, which may lead to the Shortage and Demand-Supply Gap which is also a reason behind food adulteration to fulfil the demands of people. In the present time advancement of technology is also a reason that uplifts the cases of food adulteration. By using technology, a person cannot identify adulterated food. The globalization of the food industry is also a major cause, through which the origin of food products difficult to identify.
Legal Provisions / Procedure – The Prevention of Food Adulteration Act, 1954, describes the provisions and Penalties related to adulterated food. This act also authorizes the Central Government to form the Central Committee for Food Standards and to construct central food laboratories for analysing and testing all kinds of articles, to organize various training programs to spread awareness towards the consumers, and to keep check and monitoring the food products which are imported in India. The central Government can also appoint a food inspector to collect samples and to monitor the adulterated food products he is also authorized to stop the adulterated food products from circulating in the market. Adulteration of food products is a subject of the Concurrent list. In 2006, The Prevention of Food Adulteration Act, 1954 was replaced by the Food Safety and Standard Act, 2006, it empowers the Central Government to make rules under this Act for licensing, registration of Food businesses, packaging and labelling, laboratory and sampling of Adulterated food products, and standards for the food additives addicted in production. “Section 18 of the FSSA provides for the general principles which are to be followed by the various authorities while implementing the provisions of the Act such as endeavour to achieve an appropriate level of protection of human life and health and the protection of consumers’ interests [4], carrying out risk management, etc.
Further, there are general provisions related to food products contained in Chapter IV of the Act. These include the regulation of the use of additives or processing aids in the food or the presence of contaminants, insecticides or pesticide residues, veterinary drugs residues, etc. in the food products. There are special provisions dealing with packaging and labelling of foods. Moreover, the Act also regulates the food products which can be imported. Unfair trade practices and misleading advertisements are prohibited under the Act.”
Guidelines / Rules / Regulations – According to Food Safety and Standard (Packaging and Labelling), Regulations, 2011, the general requirement of pre-packaged food is every information related to the product must published on the wrapper of the product such as ingredients, nutritional value, manufacturing date and expiry date etc.
Case Laws – In the case of Godawat Pan Masala Products I.P. Ltd. & … vs Union Of India & Ors on 2 August 2004, The appellant was engaged in the manufacturing industry of gutka and pan Masala in different states, the State Food (Health) Authority sent a notice to appellant stating that pan masala and gutkha both are banned, the issue raised that whether the notification issued by the state authority is valid because the Prevention of Food Adulteration Act vested the power to declare a substance as injurious to health only with the Central Government and no such power was vested with the State Government. The Court quashed the notification given by the State Food (Health) Authority by stating that only the Central Government has the power to ban such articles by legislation as they are violating of rights given in articles 14 and 19 of the appellant.
Maggie 2 minutes noodles Ban Case – in 2015 Maggi 2 minutes noodles sold with sweet sour taste-maker. A Food inspector took a sample for inspection, and in his report, he opined that carmoisine and sunset yellow acid coal tar dye instead of caramel as described on the label and were therefore both adulterated as well as misbranded. Also, the number of excess lead samples found in the Maggie also monosodium glutamate (MSG) over permissible limits in Nestle’s Maggi noodles, the Maggie was banned all over India as it’s against the FSSAI rules, after its ban Nestle Maggie noodles seek to the court and ask the court to remove ban as their product is now according to the standards set by the FSSAI rules.
MDH and Everest masale conspiracy – Recently Hong Kong and Singapore banned Indian spices brands named MDH and Everest, as research conducted by the Countries found ethylene oxide which is a pesticide and not consumable and if consumed may cause Cancer.
Patanjali Ayurved products’ ban: – 14 ayurvedic products of Patanjali were banned on the instructions of the Supreme Court on the violations of the drug advertisements law. Patanjali’s advertisements violated “the Drugs & Other Magical Remedies Act, 1954 (DOMA), and the Consumer Protection Act, 2019 (CPA). Section 89 of the CPA imposes stringent penalties for false or misleading advertisements.”4 On Jul 29, 2024, the Food Safety and Drug Administration (FSDA) team raided and found Four hundred kg of stone powder in a flour manufacturing Company after that action was taken by the FSDA, and all the manufactured flour by the company was recalled from the market.5
Statistical Analysis – Hyderabad ranked first in the cases of food adulteration according to data released by the National Crime Records Bureau Telangana stands second which is followed by Andhra Pradesh. About 22% of foods are allegedly contaminated annually, according to estimates. Milk and dairy products are at the top of the most adulterated items. In India, over 80% of milk is reported to be contaminated with several harmful substances with around 8 to 13% contamination in rural areas and about 60 to 68% in cities.6
A 2012 study conducted by the FSSAI across 33 states found that milk in India was adulterated with diluted water, detergent, fat, and even urea.
Ideas / way forward – To overcome increasing cases of food adulteration the budget,2024 declares setting up 100 NABL labs to keep monitoring on supply of adulterated food products in the market.7 Market survey of Adulterated food products is the best way to keep an eye on such products and to implement our laws strictly, Continuous inspection also helps to reduce such cases to develop fear in the minds of people involved in using adulteration methods. Harsh punishment and fines are also mandatory to set fear in society. Methods of rapid tests to detect adulteration Ares also useful method such as – Lala Lajpat Rai University of Veterinary and Animal Sciences, Hisar (Haryana) developed a kit for rapid spot testing to detect urea in milk, The Hazard Analysis Critical Control Point (HACCP) system has now been introduced to identify, evaluate and control hazards arising from crop harvest until the point of consumption.8 Awareness campaigns and advertisements on TV channels and radio should be set up in rural and urban areas in which basic awareness tips such as – vegetables and fruits should be eaten after washing with clean water, before purchasing packaged food its ingredients, FSSAI labels, along with manufacturing and expiry date should be read. Such steps should be taken to improve the health of people.
- CONCLUSION & COMMENTS – In Indian culture “food is considered as more than a mere substance —it is an expression of culture, heritage, and creativity” and food is also considered as “Ann Devta” which cannot be insulted or wasted. Food adulteration is an insult to “Ann Devta” and increasing cases of adulteration are causing concern for the health, and farmers as well. In rural areas, people are not so aware of the expiry date and MRP written on it, and in various cases, sellers are selling expired food products and charging prices above the MRP which is harassment and via violation of people’s rights and FSSAI rules as well. Every year 7th April is celebrated as World Health Day on which various campaigns should be done to spread awareness among people. Also to redress the Cases of adulteration people should know “Strengthening of Food testing system in the Country including of provision of Mobile food testing labs” so that people can easily file their complaints.
