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Food Adulteration: Law, Punishment and Case Procedure

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Food Adulteration is a critical issue that we all are facing in this era. It is an addition of harmful substances in food to gain more profit. This not only puts our health at risk but deceives consumers via fake promotions or advertisements. It is estimated that 70% of food products are adulterated in the market which leads to several serious health issues. There are several serious diseases such as Cancer, mouth sores, liver damage, low BP problems or more caused by Food Adulteration.

In India, where food is an essential part of our culture, tackling food adulteration is crucial. In this article, we will get all about Food Adulteration, its type, reasons for adulteration, the role of FASSI, case procedure and punishments. By getting about the laws and procedures, we can play an important role in keeping our food safe and trustworthy.

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What is Food Adulteration?

According to the “Prevention of Food Adulteration Act, of 1954” , an adulterant is any addition or subtraction of any substance that makes the food unsafe or unhealthier. The food is considered adulterated if it is -

  • Has harmful substances,
  • The product does not meet the expectations of the buyer,
  • Have cheap or low-quality substances,
  • Product stored unhygienically,
  • The product comes from sick animals,
  • Has toxic chemicals,
  • Has too much colouring or preservatives,
  • Not having quality standards.

Note: It is not considered adulterated if the quality issues are caused by natural causes.

Types of Food Adulteration

There are three types of Food Adulteration, these are as follow:

  1. Intentional Adulteration

    When low-quality or harmful substances are added or subtracted to food products deliberately known as intentional adulteration. The seller uses this method to enhance the appearance, and taste or often to gain more profits. Adding water to milk, adding colours or preservatives in food, and mixing inferior grains with high-quality ones are some examples of intentional adulteration.

  2. Incidental Adulteration

    During the processing, handling or food storage, some substance is added to the food product unintentionally known as incidental adulteration. This adulteration mainly happens due to a lack of hygiene practices or negligence during the processing. Accidental inclusion of dirty things or hair, contamination from pesticides and more are some examples of incidental adulteration.

  3. Metallic Adulteration

    When food gets mixed with dangerous metals that may seriously harm human health, this is known as metallic adulteration. The usage of unsafe machinery, contaminated environments, or packaging materials can all lead to this. Lead, arsenic, mercury, and cadmium are common metallic adulterants that can infiltrate food items during the manufacturing or processing phases.

Reason for Food Adulteration

There are so many reasons for food adulteration some of them are mentioned below:

  • 1. The vendor or seller adds harmful and cheaper substances to make the product appear fresher to earn more profit. Sellers can significantly increase margins by using low-quality ingredients or fillers.

  • 2. In this competitive marketplace, some businesses use adulterated products to lower prices and attract more consumers.

  • 3. Sometimes the vendors are unable to meet the high demand of the consumers, here adulteration is used to meet market needs to avoid product shortages. Limited availability of genuine products or ingredients leads to the use of filler to maintain production.

  • 4. Most of us as a consumer are unaware of the risk and unable to detect adulteration. In some cases, small-scale producers are not aware of the health risks associated with adulteration.

Role of FASSI

The FASSI stands for the “Food Safety and Standards Authority of India” established in 2006. It works for inspecting, testing food samples and enforcing food safety standards. It gives licences and registers food businesses to ensure compliance. The FASSI also makes rules for food safety. It also works for conducting awareness campaigns and training programs for consumers. The FSSAI aims to guarantee that safe and high-quality food is available in India by regularly updating regulations and interacting with stakeholders.

Case Procedure against Food Adulteration

The complete process for filing a consumer complaint for food adulteration is as follows:

Step 1: Gather complete information

As a consumer, you have complete information regarding the product or services that you have purchased. The information may include the payment receipt, product description and any communication between the seller or buyer, etc.

Step 2: Send a Formal Notice

The consumer should connect with customer services and mention their problem or issue regarding food adulteration. If there is no action taken even after complaining to the customer care department, the consumer can send a formal written notice to the seller. This notice can be sent by post service or mail to the seller.

In this written notice, the consumer has to mention all the necessary details and information. The problems and issues should be mentioned in this letter.

After sending the written notice, if no response is sent by the seller within 15 days, the consumer can take legal action by filing a complaint in the consumer forum.

Step 3: Take Legal Advice

Before filing a consumer complaint for food adulteration, the consumer must take legal advice. They will provide you with a thorough explanation regarding the process or legal remedies that will help you during the hearing process. If you file a complaint with incomplete information there will be more chances to face rejection. In many cases when the consumer finds guilty they could also pay a fine or compensation.

“Litem Legalis” will be your best choice with a number of experiences for filing a consumer complaint.

Step 4: Filing a Complaint

In the next stage when the consumer doesn’t get any response from the seller, they can file their complaint in the consumer forum. Firstly, the consumer must select the appropriate forum according to the case value.

There are a total of three types of forums where consumer file their complaint such as:

  • 1. National Consumer Disputes Redressal Commission (NCDRC): It is the national-level court for solving consumer disputes. If the case value is more than 1 crore the consumer can file a complaint in NCDRC.

  • 2. State Consumer Disputes Redressal Commission (SCDRC):  It is the state-level court for resolving consumer problems. If the case value is less than 1 crore the consumer can file a complaint in SCDRC.

  • 3. District Consumer Disputes Redressal Commission (DCDRC): This is the district-level court for solving consumer issues. If the case value is up to 20 lakhs, the consumer can file a complaint in DCDRC.

How can Litem Legalis Help you?

Litem Legalis is a team of professional lawyers who have years of experience. Our team believes you to provide complete guidance and friendly assistance through the complete procedure. There are several other reasons that help you to make Litem Legalis the best choice such as:

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Conclusion

A comprehensive strategy with strict laws, strong enforcement systems, and engaged involvement from all parties is needed to combat food adulteration. We can protect the public's health and maintain the integrity of our food supply by making sure that safety regulations are followed, raising consumer awareness, and enforcing the necessary penalties. We can work toward a future where everyone has access to safe, wholesome, and pure food by banding together and remaining vigilant.

Frequently Asked Questions

The Food Adulteration Act is an act of legislation aimed to prevent and prohibit the adulteration of food items, protecting customers' safety and quality by means of legal safeguards.

The Food Safety and Standards Authority of India is known as FASSI. The agency is responsible for ensuring the safety and quality of Indian food products through various measures and regulations.

Adulteration of food is punishable in India with fines and imprisonment. The Food Safety and Standards Act imposes harsher punishments, including higher fines and harsher jail terms, on repeat violators.

Food adulteration is the intentional addition of unsafe or inferior ingredients or the purposeful removal of necessary ingredients from food, risking its nutritional value, safety, and quality.