PREVENTION OF FOOD ADULTERATION RULES, 1955
PREAMBLE
In exercise of the powers
conferred by sub-section (2) of Section 4 and sub-section (1) of Section 23 of
the Prevention of Food Adulteration Act, 1954 (37 of 1954), the Central
Government, after consultation with the Central Committee for Food Standards hereby
makes the following Rules, the same having been previously published as
required by subsection (1) of Section 23 of the said Act, namely:-
PART I
PRELIMINARY
Rule - 1. Short title, extent and commencement.--
(1)
These Rules may be called the
Prevention of Food Adulteration Rules, 1955.
(2)
They extend to the whole of India
except the State of Jammu and Kashmir.
(3)
These Rules, other than those
contained in Part Ill-Appendix 'B'-Item A-12, Margin, Part VI and Part VII
shall come into force on the date of their publication in the Official Gazette
and the Rules contained in Part III-Appendix 'B'-Item A-12, Margin, Part VI and
Part VII shall come into force on the first day of March, 1956.
Rule - 2. Definitions.--
In these Rules, unless the
context otherwise requires,-
(a)
"Act" means the
Prevention of Food Adulteration Act, 1954 (37 of 1954).
(b)
"Director" means the
Director of the Laboratory.
(c)
"Laboratory" means the
Central Food Laboratory.
(d)
"Form" means a form set
forth in Appendix A to these Rules.
PART II
THE
CENTRAL FOOD LABORATORY
Rule - 3. Functions.--
In addition to the
functions entrusted to the Laboratory by the Act, the Laboratory shall carry
out the following functions, namely:-
(a)
analysis of samples of food sent
by any officer or authority authorized by the Central Government for the
purpose and submission of the certificate of analysis to the authorities
concerned;
(b)
investigations for the purpose of
fixation of standards of any article of food;
(c)
investigations in collaboration
with the laboratories of Public Analysts in the various States for the purpose
of standardizing methods of analysis.
Rule - 4. Analysis of food samples.--
(1)
Samples of food for analysis
whether under sub-section (2) of Section 13 of the Act or under clause (a) of
Rule 3 shall be sent either through a messenger or by registered post in a
sealed packet, enclosed, together with a memorandum in Form I in an outer cover
addressed to the Director.
(2)
The container as well as the
outer covering of the packet shall be marked with a distinguishing number.
(3)
A copy of the memorandum and a
specimen impression of the seal used to seal the container and the cover shall
be sent separately by registered post to the Director.
(4)
On receipt of the packet, it
shall be opened either by the Director or by an officer authorized in writing
in that behalf by the Director, who shall record the condition of the seal on
the container.
(5)
After test or analysis, the
certificate thereof shall be supplied forthwith to the sender in Form II.
(6)
The fees payable in respect of such
certificate shall be according to the rates specified by the Central
Government.
(7)
Certificate issued under these
Rules by the Laboratory shall be signed by the Director.
PART III
DEFINITIONS
AND STANDARDS OF QUALITY
Rule - 5.
Standards of quality of
the various articles of food specified in Appendix B to these Rules are as
defined in that appendix.
PART IV
PUBLIC
ANALYSTS AND FOOD INSPECTORS
Rule - 6. Qualifications of public analysts.--
A person shall not be
qualified for appointment as public analyst unless he-
(i)
is a graduate with chemistry as
one of subjects, of a University recognised for this purpose by the State
Government and has had not less than five years postgraduate experience in the
analysis of food in a laboratory under the control of-
(a)
a public analyst appointed under
the Act, or
(b)
a chemical examiner to
Government, or
(c)
a Fellow of the Royal Institute
of Chemistry of Great Britain (Branch E), or
(d)
the head of an institution
specially approved for the purpose by the State Government; or
(ii)
is an M.Sc. in chemistry, or
holds a research degree on the subject, of a University recognised for this
purpose by the State Government, and has had not less than two years'
post-graduate experience in the analysis of articles of food under the control
of-
(a)
public analyst appointed under
the Act, or
(b)
a chemical examiner to
Government, or
(c)
a Fellow of the Royal Institute
of Chemistry of Great Britain (Branch E),or
(d)
the head of an institution
specially approved for the purpose by the State Government, or
(iii)
is a graduate in medicine of a
University recognized for the purpose by the State Government with a
post-graduate qualification in Public Health and with experience in food
analysis for at least five years; or
(iv)
is a Fellow of the Royal
Institute of Chemistry of Great Britain (Branch E) with at least one year's
experience of food analysis in India:
Provided that for a period
of four years from the commencement of the Act, persons whose qualifications,
training and experience are regarded by the State Government as affording,
subject to such further training if any, as may be considered necessary, a reasonable
guarantee of adequate knowledge and competence may be appointed as public
analysts.
Rule - 7. Duties of a public analyst.--
(1)
On receipt of a package
containing a sample for analysis from a Food Inspector or any other person the
Public Analyst or an Officer authorised by him shall compare the seals on the
container and the outer cover with specimen impression received separately and
shall note the condition of the seals thereon.
(2)
The public analyst shall cause to
be analysed such samples of articles of food as may be sent to him by food
inspector or by any other person under the Act.
(3)
After the analysis has been
completed he shall forthwith supply to the persons concerned a report in Form
III of the result of such analysis.
Rule - 8. Qualifications of a Food Inspector.--
A person shall not be
qualified for appointment as food Inspector unless he-
(i)
is a medical officer in charge of
the health administration of a local area, or
(ii)
is a graduate in medicine, or a
licentiate in medicine, or
(iii)
is a holder of qualification in
sanitary science registrable as an additional qualification by the State
Medical Council, or Health Officer's Examination certificate, or possesses
qualifications prescribed by the respective State Governments for appointment
of Sanitary Inspectors or Health Inspectors:
Provided that for a period
of four years from the date on which the Act takes effect, persons whose
qualifications, training, and experience are regarded by the State Government
as affording, subject to such further training, if any, as may be considered
necessary, a reasonable guarantee of adequate knowledge and competence may be
appointed as food inspectors.
Rule - 9. Duties of a Food Inspector.--
It shall be the duty of
the Food Inspector-
(a)
to inspect as frequently as may
be prescribed by the Food (Health) Authority or the local authority all
establishments licensed for the manufacture, storage or sale of an article of
food within the area assigned to him;
(b)
to satisfy himself that the
conditions of the licences are being observed.
(c)
to procure and send for analysis,
if necessary, samples of any articles of food which he has reason to suspect
are being manufactured, stocked or sold or exhibited for sale in contravention
of the provisions of the Act or rules thereunder;
(d)
to investigate any complaint
which may be made to him in writing in respect of any contravention of the
provisions of the Act, or Rules framed thereunder;
(e)
to maintain a record of all
inspections made and action taken by him in the performance of his duties,
including the taking of samples and seizure of stocks, and to submit copies of
such record to the Health Officer or the Food (Health) Authority as directed in
this behalf.
(f)
to make such enquiries and
inspections as may be necessary to detect the manufacture, storage or sale of
articles of food in contravention of the Act or rules framed thereunder;
(g)
to stop any vehicle suspected to
contain any food intended for sale or delivery for human consumption;
(h)
when so authorised by the health
officer having jurisdiction in the local area concerned or the Food (Health)
Authority, to detain imported packages which he has reason to suspect contain
food, the import or sale or which is prohibited; and (i) to perform such other
duties as may be entrusted to him by the Health Officer having jurisdiction in
the local area concerned or the Food (Health) Authority.
Rule - 10. Form of order not to dispose of stock.--
Where the Food Inspector
decides to keep under sub-section (4) of Section 10 of the Act in the safe
custody of the vendor any stock of food which appears to him to be adulterated
or misbranded, he shall after sealing the stock make an order to the vendor to
that effect in Form IV; and the vendor shall comply with such order.
Rule - 11. Form of receipt for food seized by a Food Inspector.--
For every article of food
seized and carried away by a Food Inspector under sub-section (4) of Section 10
of the Act, a receipt in Form V shall be given by the Food Inspector to the
person from whom the article was seized.
Rule - 12. Form of intimation of purpose of taking sample.--
Where a Food Inspector
takes a sample of an article of food for the purpose of analysis, he shall
intimate such purpose in writing in Form VI to the person from whom he takes
the sample. '
Rule - 13. Power of Food Inspector to deal with carriers of disease handling food.--
(1)
Where the Food Inspector is of
the opinion that any person engaged in selling or manufacturing any article of
food is suffering from or harbouring the germs of any infectious disease, he
may examine or cause to be examined such person:
Provided that where such
person is a female above the age of eight years she shall be examined by a
woman duly authorized by the Food Inspector.
(2)
If on such examination the Food
Inspector finds that such person is suffering from any such disease he may by
order in writing direct such person not to take part in selling or
manufacturing any article of food.
PART V
SEALING,
FASTENING AND DESPATCH OF SAMPLES
Rule - 14. Manner of sending samples for analysis.--
Samples of food for the purpose of analysis shall
be taken in clean dry bottles or jars or in other suitable containers which
shall be closed sufficiently tight to prevent leakage, evaporation, or in the
case of dry substance, entrance of moisture, and shall be carefully sealed.
Rule - 15. Bottles or containers to be labelled and addressed.--
All bottles or jars or other containers containing
samples for analysis shall be properly labelled and the parcels shall be
properly addressed. The label on any sample of food sent for analysis shall
bear-
(a)
Serial
No.
(b)
Name
of the sender with official designation, if any.
(c)
Name
of the vendor.
(d)
Date
and place of collection.
(e)
Nature
of article submitted for analysis.
(f)
Nature
and quantity of preservative, if any, added to the sample.
Rule - 16. Manner of packing and sealing the samples.--
All samples of food sent for analysis shall be
packed, fastened and sealed in the following manner, namely:-
(a)
The
stopper shall first be securely fastened so as to prevent leakage of the
contents in transit.
(b)
The
bottle, jar or other container shall then be completely wrapped in fairly
strong thick paper. The ends of the paper shall be neatly folded in and affixed
by means of gum or other adhesive.
(c)
The
paper cover shall be further secured by means of strong twine or thread both
above and across the bottle, jar or other container, and the twine or thread
shall then be fastened on the paper cover by means of sealing wax on which
there shall be at least four distinct and clear impressions of the seal of the
sender, of which one shall be at the top of the packet, one at the bottom and
the other two on the body of the packet. The knots of the twine or thread shall
be covered by means of sealing wax bearing the impression of the seal of the
sender.
Rule - 17. Containers of samples how to be sent to the Public Analyst.--
The container of sample for analysis shall be sent
to the Public Analyst by registered post or railway parcel or air freight, or
by hand in a sealed packet, enclosed together with a memorandum in Form VII in
an outer cover addressed to the public analyst.
Rule - 18. Memorandum and impression of seal to be sent separately by post.--
A copy of the memorandum and a specimen impression
of the seal used to seal the packet shall be sent to the public analyst
separately by post.
Rule - 19. Addition of preservatives to samples.--
Any person taking a sample of any food for the
purpose of analysis under the Act may add a preservative as may be prescribed
from time to time to the sample for the purpose of maintaining it in a
condition suitable for analysis.
Rule - 20. Preservative in respect of milk, cream and gur.--
The preservative used in the case of samples of any
milk (including skimmed and separated milk), cream and gur in liquid or
semi-liquid form shall be the liquid commonly known as "formalin"
that is to say, a liquid containing about 40 per cent of formaldehyde in
aqueous solution, in the proportion of one drop for one ounce of the sample.
Rule - 21. Nature and quantity of the preservative to be noted on the label.--
Whenever any preservative is added to a sample, the
nature and quantity of the preservative added shall be clearly noted on the
label to be affixed to the container.
Rule - 22. Quantity of sample to be sent to the public analyst.--
The quantity of sample of food to be sent to the
public analyst/Director for analysis shall be as specified below:-
|
Articles
of food. |
Approximate
quantity to be supplied. |
||||
|
1.
Milk |
.. |
.. |
.. |
.. |
8
oz. |
|
2.
Ghee |
.. |
.. |
.. |
.. |
4
oz. |
|
3.
Butter |
.. |
.. |
.. |
.. |
4
oz. |
|
4.
Khoa |
.. |
.. |
.. |
.. |
4
oz. |
|
5.
Dahi |
.. |
.. |
.. |
.. |
8
oz. |
|
6.
Edible oils |
.. |
.. |
.. |
.. |
4
oz. |
|
7.
Edible fats |
.. |
.. |
.. |
.. |
4
oz. |
|
8.
Tea |
.. |
.. |
.. |
.. |
4
oz. |
|
9.
Atta |
.. |
.. |
.. |
.. |
8
oz. |
|
10.
Wheat flour |
.. |
.. |
.. |
.. |
8
oz. |
|
11.
Gur |
.. |
.. |
.. |
.. |
8
oz. |
|
12.
Cane sugar |
.. |
.. |
.. |
.. |
8
oz. |
|
13.
Honey |
.. |
.. |
.. |
.. |
4
oz. |
|
14.
Prepared food |
.. |
.. |
.. |
.. |
16
oz. |
|
15.
Aerated water |
.. |
.. |
.. |
.. |
12
oz. |
PART VI
COLOURING
MATTER
Rule - 23. Unauthorised Addition of colouring matter prohibited.--
The addition of
a colouring matter to any article of food except as specifically permitted by
these Rules, is prohibited.
Rule - 24. Extraneous addition of colouring matter to be mentioned on the label.--
Where an extraneous
colouring matter has been added to any article of food there shall be written
on the label attached to any package of food so coloured a statement in capital
letters as below:-
Artificially coloured
Provided that this Rule
shall not apply to cheese (all classes), ice-cream, mixed ice-cream, icing
sugar and gelatine desserts.
Rule - 25. Use of caramel permitted.--
Not with standing
provisions of Rule 24 caramel may be used without label declaration.
Rule - 26. Natural colouring matters which may be used.--
The following natural
colouring matters may be used in or upon any article of food:-
(a)
Cochineal or Carmine,
(b)
Carotin and Carotenoids,
(c)
Chlorophyll,
(d)
Lactoflavin.
(e)
Caramel, or (f) Annatto.
Rule - 27. Addition of inorganic matters and pigments prohibited.--
Inorganic colouring
matters and pigments shall not be added to any article of food.
Rule - 28. Coal tar dyes which may be used.--
No coal tar dyes except
the following shall be used in foods:-
(a)
Indigotine (F.D.C. Blue No. 2).
(b)
Orange I (F.D.C. Orange No. 1).
(c)
Amaranth (F.D.C. Red No 2).
(d)
Erythrosine (F.D.C. Red No. 3).
(e)
Tartrazine (F.D.C. Yellow No. 5).
Rule - 29. Use of permitted synthetic organic colours or coal tar dyes prohibited.--
Use of permitted synthetic
organic colours or coal tar dyes in or upon any food other than those
enumerated below in prohibited:-
(a)
Ice-cream including mixed
ice-cream,
(b)
Dairy products except milk, dahi,
butter, ghee, chhana, condensed milk, cream and baby foods,
(c)
Smoked fish,
(d)
Egg preparations,
(e)
Sweets including pastry and
confectionery,
(f)
Fruit products as per
specifications under Fruit Products Order,
(g)
non-alcoholic beverages except
tea, coco and coffee.
Rule - 30. Maximum limit of permissible colours.--
The maximum limit of
permissible colour which may be added to any food shall be one grain per pound
of food.
Rule - 31. Colours to be pure.--
The colours specified in
Rule 28 when used in the preparation of any article of food shall be pure and
free from any harmful impurities.
PART VII
PACKING
AND LABELLING OF FOODS
Rule - 32. Contents of the label.--
Unless exempted by the Act
or any of the Rules thereunder, every label shall include:
(a)
the name, trade name, or description
of food contained in the package;
(b)
the name and business address of
the manufacturer or importer, or vendor, or packer;
(c)
where any permissible
preservative is present a statement of the nature and quantity or proportion of
such preservative;
(d)
where any permissible colouring
and/or flavouring is present the declaration of such colouring and/or
flavouring;
(e)
the net weight, or number of
measure, or volume of the contents as the case may require;
(f)
a batch number.
Rule - 33. Declaration to be printed.--
The declaration required
under these Rules shall be printed in dark block types upon a light coloured
ground in English, Hindi (in Devnagri script) and at least one of the chief
languages of the State.
Rule - 34. Declaration to be surrounded by line.--
There shall be a
surrounding line enclosing the declaration and where the words "unfit for
babies" are required to be used there shall be another such line enclosing
these words.
Rule - 35. Distance of surrounding line.--
The distance between any
part of the words "unfit for babies" and the surrounding line
enclosing these words shall not be less than one-sixteenth of an inch.
Rule - 36. Size of the types used for declaration.--
The type used for the
declaration shall not in any part, be less than one-eighth of an inch in
height:
Provided that where the
size of the package does not permit use of a type of one-eighth of an inch,
letters of proportionately reduced size may be used:
Provided further that the
type used for the words "unfit for babies" shall not be less than
twice the height of any part of the declaration.
Rule - 37. Labels not to contain false or misleading statements.--
A label shall not contain
any statement, claim, design, device, fancy name or abbreviation which is false
or misleading in any particular concerning the food contained in the package,
or concerning the quantity or the nutritive value or in relation to the place
of origin of the said food.
Rule - 38. Labels not to contain reference to Act or Rules contradictory to required particulars.--
The label shall not
contain any reference to the Act or any of these Rules or any comment on, or
reference to, or explanation of any particulars or declaration required by the
Act or any of these Rules to be included in the label which directly or by
implication, contradicts, qualifies or modifies such particulars or
declaration.
Rule - 39. Labels not to use words implying recommendation by medical profession.--
There shall not appear in
the label of any package containing food for sale the words "recommended
by the medical profession" or any words which imply or suggest that the
food is recommended, prescribed, or approved by medical practitioners.
Rule - 40. Unauthorised use of words showing imitation prohibited.--
There shall not be written
in the statement or label attached to any package containing any article of
food the word "imitation" or any word, or words implying that the
article is a substitute for any food, unless the use of the said word or words
is specifically permitted under these Rules.
Rule - 41. Imitations not to be marked pure.--
The word "pure"
or any word or words of the same significance shall not be included in the
label of a package that contains an imitation of any food.
Rule - 42. Form of labels.--
(A)
Coffee Chicory Mixture.-
(i)
Every package containing a
mixture of coffee and chicory shall have affixed to it a label upon which shall
be printed the following declaration;-
Coffee blended with
chicory
This mixture contains:
Coffee per cent
Chicory percent
(ii)
The label shall not bear any
misleading expression such as "French coffee".
(iii)
The business address of the
manufacturer should also be printed at the bottom of the label.
(B)
Condensed milk or desiccated
(dried) milk.-(i) Every package containing condensed milk or desiccated (dried)
milk shall bear a label upon which is printed such one of the following
declarations as may be applicable or such other declaration substantially to
the like effect as may be allowed by the State Government:-
(a)
In the case of condensed full
cream milk (unsweetened)-
CONDENSED FULL CREAM MILK
(Unsweetened)
This tin contains the
equivalent of
(x).........pints of milk.
(b)
In the case of condensed full
cream milk (sweetened)-
CONDENSED FULL CREAM MILK
Sweetened
This tin contains the equivalent
of (x)...
pints of milk, with sugar
added.
(c)
In the case of condensed skimmed
milk (unsweetened)-
CONDENSED MACHINE-SKIMMED
MILK
Or
Condensed Skimmed Milk
(Unsweetened) UNFIT FOR
BABIES
This tin contains the
equivalent of (x)...... pints of milk.
(d)
In the case of condensed skimmed
milk (sweetened)-
CONDENSED MACHINE-SKIMMED
MILK
OR
CONDENSED SKIMMED MILK
(Sweetened) UNFIT FOR
BABIES
this tin contains the
equivalent of (x)... pints of milk with sugar added.
(e)
In the case of desiccated (dried)
full cream milk-
DRIED FULL CREAM MILK
This tin contains the
equivalent of (x)... pints of milk.
(f)
In the case of desiccated (dried)
partly skimmed milk-
DESICCATED (DRIED) SKIMMED
MILK
Should not be used for
babies Except under medical advice
This tin contains the
equivalent of (x)..................pints of cream milk.
(g)
In the case of desiccated (dried)
skimmed milk-
DESICCATED (DRIED) SKIMMED
MILK
UNFIT FOR BABIES
This tin contains the
equivalent of (x).........
pints of skimmed milk.
(ii) The declaration shall
in each case be completed by inserting at (x) the appropriate number in words
and in figures, for example, "one and half (1 1/2), any fraction being
expressed as eight, quarters or a half as the case may be. For the purpose of
deciding the equivalent of 'pints of milk or skimmed milk' under these Rules,
'milk' means milk which contains not less than 12.4 per cent of total milk
solids (including not less than 3.6 per cent of milk fat) and 'skimmed milk'
means milk which contains not less than 9 per cent of milk solids other than
milk fat.
(iii) There shall not be
placed on any package containing condensed milk or desiccated (dried) milk any
comment on, explanation of, or reference to either the statement of
equivalence, contained in the prescribed declaration or on the words
"machine skimmed", "skimmed" or "unfit for
babies" except instructions as to dilution as follows:
"To make a fluid not
below the composition of fresh milk or skimmed milk or cream milk (as the case
may be) with the contents of this package, add (hero insert the number of
parts) of water by volume to one part by volume of this condensed milk or
desiccated (dried) milk."
(iv) Wherever the word
"milk" appears on the label of a package of condensed skimmed milk or
of desiccated (dried) skimmed milk as the description or part of the
description of the contents, it shall be immediately preceded or followed by
the word "machine skimmed" or "skimmed" or "partly
skimmed" as the case may be.
(C)
Ice-cream.-Every dealer in
ice-cream or mixed ice-cream who, in the street or other place of public
resort, sells or offers or exposes for sale, ice-cream or ice-candy from a
stall or from a cart, barrow or other vehicles, or from a basket, phial, tray
or other container used without a staff or a vehicle, shall have his name and
address along with the name and address of the manufacturer, if any, legibly
and conspicuously displayed on the stall, vehicle or container, as the case may
be.
Rule - 43. Notice of addition, admixture or deficiency in food.--
(1)
Every advertisement and every
price or trade list or label for an article of food which contains an addition,
admixture or deficiency shall describe the food as containing such addition,
admixture or deficiency and shall also specify the nature and quantity of such
addition, admixture or deficiency. No such advertisement or price of trade list
of label attached to the container of the food shall contain any words which
might imply that the food is pure.
(2)
Every package, containing a food
which is not pure by reason of any addition, admixture or deficiency shall be
labelled with an adhesive label, which shall have the following declaration:-
DECLARATION
This
(a)...........................contains an admixture
of not more than
(b).........per cent of (c)
(a)
Here insert the name of food.
(b)
Here insert the quantity of
admixture which may be present.
(c)
Here insert the name of the
admixture or the name of the ingredient which is deficient.
Where the context demands
it, the words 'contains and admixture of shall be replaced by the words
'contains an addition of or is deficient in'.
(3)
Unless the vendor of a food
containing an addition admixture or deficiency, has reason to believe that the
purchaser is able to read and understand the declaratory label, he shall give
the purchaser; if asked, the information contained in the declaratory label by
word of mouth at the time of sale.
(4)
Nothing contained in this Rule
shall be deemed to authorise any person to sell any article of food required
under the Act or these Rules to be sold in pure condition, otherwise than in
its pure condition.
PART VIII
PROHIBITION
AND REGULATING OF SAFES
Rule - 44. Sale of certain admixture prohibited.--
Notwithstanding the
provisions of Rule 43 no person shall either by himself or by any servant or agent
sell-
(a)
cream which has not been prepared
from milk or which contains less than 40 per cent of milk fat;
(b)
milk which contains any added
water;
(c)
ghee which contains any added
matter not exclusively derived from milk fat;
(d)
skimmed milk (fat abstracted) as
milk;
(e)
a mixture of two or more edible
oils as an edible oil;
(f)
vanaspati to which ghee has been
added;
(g)
any article of food which
contains or in the preparation of which artificial sweetener has been used;
(h)
turmeric containing any foreign
substance.
Rule - 45. Food resembling but not pure honey not to be marked honey.--
No person shall use the
word honey or any word, mark illustration, or device that suggests honey on the
label or any package of, or in any advertisement for, any food that resembles
honey but is not pure honey.
Rule - 46. Sale or use for sale of admixtures of ghee or butter prohibited.--
No person shall sell or
have in his possession for the purpose of sale or for use as an ingredient in
the preparation of an article of food for sale a mixture of ghee or butter and
any substance (a) prepared in imitation of or as a substitute for ghee or
butter, or (b) consisting of or containing any oil or fat which does not
conform to the definition of ghee:
Provided where a mixture
prohibited by this Rule is required for the preparation of an article of food,
such mixture shall be made only at the time of the preparation of such article
of food.
Rule - 47. Addition of saccharin to be mentioned on the label.--
Saccharin may be added to
any food if the container of such food is labelled with the adhesive
declaratory label, which shall be in the form given below:-
This..............................contains
an admixture of not more than
(Name of food)
...........................per
cent of saccharin. Exclusively meant for use by diabetic patients of persons
suffering from obesity or where sugar is contra indicated.
Rule - 48. Use of flesh of naturally dead animals or fowls prohibited.--
No person shall sell or
use as an ingredient in the preparation of any article of food intended for
sale, the flesh of any animal or fowl which has died on account of natural
causes.
PART IX
CONDITIONS
FOR SALE AND LICENCE
Rule - 49. Conditions for sale.--
(1)
Every utensil or container used
for manufacturing, preparing or containing any food or ingredient of food
intended for sale shall be kept at all times in good order and repair and in a
clean and sanitary condition. No such utensil or container shall be used for
any other purpose.
(2)
No person shall use for
manufacturing, preparing or storing any food or ingredient of food intended for
sale, any utensil or container which is imperfectly enamelled or imperfectly
tinned or which is made of such materials or is in such a state as to be likely
to injure such food or render it noxious.
(3)
Every utensil or container
containing any food or ingredient of food intended for sale shall at all times
be either provided with a tight-fitting cover or kept closed or covered by a
properly fitting lid or by a close fitting cover or gauze, net or other
material of a texture sufficiently fine to protect the food completely from
dust, dirt and flies and other insects.
(4)
No utensil or container used for
the manufacture or preparation of, or containing any food or ingredient of food
intended for sale shall be kept in any place in which such utensil or container
is likely by reason of impure air or dust or any offensive, noxious or
deleterious gas or substance or any noxious or injurious emanations,
exhalation, or effluvium, to be contaminated and thereby render the food
noxious.
(5)
A utensil or container made of
the following materials or metals, when used in the preparation of food shall
be deemed to render it unfit for human consumption;-
(i)
containers which are rusty;
(ii)
enamelled containers which have
become chipped and rusty;
(iii)
copper or brass containers which
are not properly tinned; and
(iv)
containers made of aluminium
containing an admixture of lead.
Rule - 50. Conditions for licence.-
(1)
No person shall manufacture,
sell, stock distribute or exhibit for sale any of the following articles of
food except under a licence:-
(a)
milk or skimmed milk or separated
milk,
(b)
milk products, including khoa,
cream, ravri, dahi, etc.
(c)
ghee,
(d)
butter,
(e)
charbi,
(f)
edible oils,
(g)
waste ghee,
(h)
sweetmeats and savoury,
(i)
aerated water,
(j)
articles made out of flour
including biscuits and other bakery products, or
(k)
any other article of food (except
the fruit products covered under Fruit Products Order), which the State
Government by notification specify.
(2)
The State Government or the local
authority shall appoint licensing authorities.
(3)
A licensing authority may with
the approval of the State Government or the local authority by an order in
writing delegate the power to sign licences and such other powers as may be
specified in the order to any other person under his control.
(4)
If articles of food are
manufactured, stored or exhibited for sale at more than one place, separate
application shall be made, and a separate license shall be issued, in respect,
of each such place:
Provided that this shall not
apply to itinerant vendors who have no specified place of business and who will
be licensed to conduct business in a particular area within the jurisdiction of
the licensing authority.
(5)
Before granting a licence for
manufacture, stock or exhibition of any of the articles of food in respect of
which a licence is required, the licensing authority shall inspect the premises
and satisfy itself that it is free from sanitary defects. The applicant for the
license shall have to make such alteration in the premises as may be required
by the licensing authority for the grant of a licence.
(6)
Any person to whom a licence is
granted for manufacturing, storing or selling ghee, butter or both, shall not
be granted a licence to manufacture, store, or sell either waste ghee or
hydrogenated vegetable oil or charbi within the radius of a furlong from the
place of his business and vice versa.
(7)
Proprietors of hotels and
restaurants who sell or expose for sale savouries, sweets or other articles of
food shall put up a notice board containing separate lists of the articles
which have been cooked in ghee, edible oil, hydrogenated vegetable oils and
other fats for the information of the intending purchasers.
(8)
Oils which are declared as not
intended for human consumption or have been denatured, shall not be
manufactured, stored or sold in the same premises where edible oils are
manufactured, stored or sold.
(9)
No licensee shall employ in his
work any person who is suffering from infectious, contagious or loathsome
disease.
(10)
No person shall manufacture,
store or expose for sale or permit the sale of any article of food in any
premises not effectively separated to the satisfaction of the licensing
authority from any privy, urinal, sullage, drain or place or storage of foul
and waste matter.
(11)
All vessels used for the storage
or manufacture of the articles intended for sale shall have proper covers to
avoid contamination.
(12)
Every manufacturer or wholesale
dealer in butter, ghee, hydrogenated vegetable oils, edible oils and other fats
shall maintain a register showing the quantity manufactured, received or sold
and the destination of each consignment of the substances sent out from his
manufactory or place of business, and shall present such register for
inspection whenever required to do so by the licensing authority.
(13)
An itinerant vendor granted a
licence under these Rules shall carry a metallic badge showing clearly the
licence number and the nature of the article for the sale of which the licence
has been granted.
(14)
The nature or articles of food
for the sale of which a licence is required under these Rules shall be
mentioned in the application for licence. Any objectionable, ambiguous or
misleading trade name shall not be approved by the licensing authority.
(15)
Every licensee who sells any food
shall display a notice board containing the nature of the articles which he is
exposing or offering for sale.
Rule - 51. Duration of licence.-
A licence shall unless
sooner suspended or cancelled, be in force for such period as the State
Government may prescribe:
Provided that if
application for a fresh licence is made before the expiry of the period of
validity of the licence, the licence shall continue to be in force until orders
are passed on the application.