Bare Act Search Results

Prevention of Food Adulteration Act,1954 Section 10

Title: Powers of Food Inspectors

State: Central

Year: 1954

.....the previous approval of the authority to which he isofficially subordinate.] (7) Wherethe food inspector takes any action under clause (a) of sub-section(1), sub-section(2), sub-section(4),or sub-section (6), he shall 10 [call one or more personsto be present at the time when such action is taken and take his ortheir signatures. 11 [(7A) Whereany books of account or other documents are seizedunder sub-section (6), the food inspector shall,within a period not exceeding thirty days from the date of seizure, return thesame to the person from whom they were seized after copies thereof or extractsthere from as certified by that person in such manner as may be prescribed havebeen taken: Providedthat where such person refuses to so certify, and a prosecution has beeninstituted against him under this Act, such books of account or otherdocuments shall be returned to him only after copies thereofor extracts there from as certified by the court have been taken. (7B) Whenany adulterant is seized under sub-section (6), theburden of proving that such adulterant is not meant for purposes ofadulteration shall be on the person from whose possession suchadulterant was seized.] (8) Any.....

The Prevention of Food Adulteration Act, 1954 Complete Act

State: Central

Year: 1954

THE PREVENTION OF FOOD ADULTERATION ACT, 1954 THE PREVENTION OF FOOD ADULTERATION ACT, 1954 (37 of 1954) [Act as on Date - Modified up to 1995] [29th September 1954] An Act to make provision for the prevention of adulteration of food. (1) This Act may be called The prevention of Food Adulteration Act, 1954. (2) It extends to the whole of India a*[..................]. (3) It shall come into force on such date b*[ ]as the Central Government may, by notification in the Official Gazette, appoint. [a] Words "except the State of Jammu and Kashmir" omitted by the Prevention of Food Adulteration (Amendment) Act, 1971 (41 of 1971), section 2 (26-1-1972). [b] 1st June 1955" S.R.O.1085, dated 9th May, 1955, published in Gaz.of Ind., 21-5-1955, Pt.II, S.3, p.874. In this Act, unless the context otherwise requires,- a* [ (i) "adulterant" means any material which is or could be employed for the purposes of adulteration; ] a*[(ia)] "adulterated" " an article of food shall be deemed to be adulterated- (a) if the article sold by a vendor is a not of the nature, substance or quality demanded by the purchaser and is to his prejudice, or is not of the.....

Prevention of Food Adulteration Act,1954 Section 13

Title: Report of Public Analyst

State: Central

Year: 1954

.....sub-section (3), or any document purportingto be a certificate signed by the Director of the Central Food Laboratory, maybe used as evidence of the facts stated therein in any proceeding under thisAct or under sections 272 to276 of the Indian Penal Code (45 of 1860): 3 [Providedthat any document purporting to be a certificate signed by the Director of theCentral Food Laboratory [not being a certificate with respect to the analysisof the part of the sample of any article of food referred to in the proviso to sub-section(1A) of section 16] shall be final and conclusiveevidence of the facts stated therein.] 4 [Explanation: In this section, and in clause (f)of sub-section (1) of section16, "Director of theCentral Food Laboratory" shall include the officer forthe time being in charge of any food laboratory (by whatever designation he isknown) recognised by the Central Government for the purposes of this section.] ____________________ 1. Substituted by Act 34 of 1976,sec. 10, for sub-section (1) and (2) (w.e.f. 1-4-1976). 2. Substituted by Act 34 of 1976, sec. 10, for "under sub-section (2)" (w.e.f.1-4-1976). 3.Substituted by Act 34 of 1976, sec. 10, for proviso (w.e.f......

Prevention of Food Adulteration Act,1954 Section 11

Title: Procedure to Be Allowed by Food Inspectors

State: Central

Year: 1954

.....ofsection 10 and produced before him is apparently of a kind whichmay be emplyed for purposes of adulteration and for the possession of which themanufacturer, distributor or dealer, as the case may be, is unable to accountsatisfactorily, he may order it to be forfeited to the Central Government,the State Government or the local authority, as the case may be.] (6) 8 [If itappears to the magistrate that any such-- (a)article of foods is not adulterated; or (b)adulterant which is purported to be an adulterant is not an adulterant, thepeson from whose possession the article of food or adulterant was taken shall beentitled to have it restored to him and it shall bein the discretion of the magistrate to award such person from such fund as theState Government may direct in this behalf, such compensation not exceeding theactual loss which he has sustained as the magistrate may think proper. ______________________ 1.Substituted by Act 34 of 1976 sec. 9, for sub-sections (1) and (2) (w.e.f.1-4-1976). 2.Inserted by Act 34 of 1976, sec. 9 (w.e.f. 1-4-1976). 3.Substituted by Act 34 of 1976, sec. 9, for certain words (w.e.f.1-4-1976). 4.Substituted by Act 34 of 1976, sec. 9,.....

Prevention of Food Adulteration Act,1954 Section 23

Title: Power of the Central Government to Make Rules

State: Central

Year: 1954

.....of sale of any substancewhich may be injurious to health when used as food or restricting in any mannerits use as an ingredient in the manufacture of any article of food orregulating by the issue of licences the manufacture or sale of any article offood; (g)defining the conditions of sale or conditions for licence of sale of anyarticle of food in the interest of public health; (h) specifying the manner inwhich containers for samples of food purchased for analysis shall besealed up or fastened up; 6 [(hh) defining the methods ofanalysis;] (i)specifying a list of permissible preservatives, other than common salt andsugar, which alone shall be used in preserved fruits, vegetables ortheir products or any other article of food as well as the maximum amounts ofeach preservative; (j)specifying the colouring matter and the maximum quantities thereof which may beused in any article of food; (k)providing for the exemption from this Act or of any requirements containedtherein and subject to such conditions, if any, as may bespecified, of any article or class of articles of food; (l) prohibitingor regulating the manufacture, transport or sale of any article known to.....

Prevention of Food Adulteration Act,1954 Section 2

Title: Definitions

State: Central

Year: 1954

.....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, casket, 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; 6 [(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).....

Prevention of Food Adulteration Act,1954 Section 12

Title: Purchaser May Have Food Analysed

State: Central

Year: 1954

.....of article of foodor recognised consumer association who or which intends] to have such articleso analysed, as they apply to a food inspector who takes a sample of food foranalysis: Providedalso that if the report of the public analyst shows that the article of foodis adulterated, the 2 [purchaser or recognised consumer association shall beentitled to get refund of the fees paid by him or it] under this section. 3 [Explanation:For the purposes of this section andsection 20, 'recognised consumer association' means avoluntary consumer association registered under the Companies Act, 1956 (1 of 1956), orunder any other law for the time being in force.] ______________________ 1.Inserted by Act 70 of 1986, sec. 2 (w.e.f. 1-5-1987). 2.Substituted by Act 70 of 1986, sec. 2 (w.e.f. 1-5-1987). 3.Added by Act 70 of 1986, sec. 2 (w.e.f. 1-5-1987).

Prevention of Food Adulteration Act,1954 Section 16

Title: Penalties

State: Central

Year: 1954

.....may extend to term of life and with fine which sh all not be less than five thousand rupees.] ( 1 C) If any person contravenes the provisions of section 14 of section 14 A, he sh all be punishable with imprisonment for a term which may extend to six months and with fine which sh all not be less than five hundred rupees. ( 1 D) If any person convicted of an offence under this Act commits a like offence afterwards, then, without prejudice to the provisions of sub -section ( 2 ), the court, before which the second or sub sequent conviction takes place, may ord er the cancellation of the licence, if any, granted to hi m under this Act and thereupon such licence sh all, notwithstanding anything contained in this Act, or in the rules made thereunder, stand cancelled. ( 2) If any person 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.....

Prevention of Food Adulteration Act,1954 Section 6

Title: Application of Law Relating to Sea Customs and Powers of Customs Officers

State: Central

Year: 1954

( 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 1978), 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 a1[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 Customs collector, 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.

Prevention of Food Adulteration Act,1954 Section 4

Title: Central Food Laboratory

State: Central

Year: 1954

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.] ( 2) The Central Government may, after consultation with the Committee, make rules prescribing-- 2[(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 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. ______________________ 1.Substituted by Act 34 of 1976, sec. 5, for clause. (a) (w.e.f. 1-4-1976). 2. Substituted by Act 49 of 1964, sec. 4, for certain words (w.e.f. 1-3-1965) .