FOOD ADULTERATION: CONTEMPORARY ISSUES AND LEGAL EFFECTS

AUTHOR: Kotireddy Rani, Sri Padmavati Mahila Visvavidyalayam

The discussion in this research paper is about food adulteration, a topic that has gained attention recently. Food is a basic need for every being on earth. In India, the right to healthy food is everyone’s fundamental right. Recently, there have been many complaints regarding food adulteration. This paper will be covered with cases and news of food adulteration. In India, many food items were adulterated. Some common food items such as milk, spices, wheat, coffee and tea, vegetable oil, rice, meat, etc. In order to test for adulteration, the ingredients of prasads were sent to the lab. companies such as NESTLE and Balaji industries, were reported as selling adulterated food products. In India, there were many laws to regulate food adulteration likewise, The Prevention of Food Adulteration Act 1956, The Food Safety and Standards Act 2006 and Bhartiya Nyaya Sanhitha (formerly Indian penal code). This paper will discuss punishment and preventive measures regarding Food Adulteration.

Food adulteration, Milk, FSSAI, Spices.

The term “adulterated” means adding any other substance that makes it poorer quality. Food adulteration means adding some other substance to the article that is not in the nature or quality demanded by the purchaser. If any article prepared in insanitary conditions, decomposed any deceased animal or vegetable, any poisonous substance which is injurious to health, adding colours, adding more preservative in order to preserve more days, purity of any article is below the prescribed standard values, quantity of any article is not in prescribed way, such type of article is deemed to be adulterated. It is known as food adulteration. 

The FSSAI sets up rules and guidelines that need to be followed by every food manufacturing company. It sets standards and values regarding milk, ghee, oil and for every food item. For every food article to import or export or to sell FSSAI license is mandatory. Home kitchens also need to register regardless of turnover.

If any article is adulterated, misbranded, not in accordance with conditions prescribed in the license it is prohibited to manufacture, sell or store.  

The term “Food Adulteration” gives a wide meaning. Based upon the meaning, this research paper analyses the recent issues of food adulteration and laws which have been implemented by the Indian Government.

According to the National Crime Records Bureau, the highest number of cases were recorded in Andhra Pradesh in between 2019 and 2022. 14,745 cases were reported in 2022. Hyderabad is top city in food adulteration.  In the last year, the food safety authority has notified nearly 28,906 civil cases and 4,946 criminal cases against food operators. Recently there were many raids by the food safety department in Hyderabad.

India needs to review its food safety laws in order to implement them strictly. Many issues were raised recently regarding food adulteration. Milk and the products of milk which are mostly adulterated. Many food items were contaminated which is very injurious to health. 

1. Sugar content in cerelac:

Cerelac is the baby product which is fed to them. There is an issue regarding this, where the “NESTLE” company has allegedly added 2.7grams of sugar to the cerelac sold in India. It has reported that it added sugar to the less affluent countries like India, Africa, and Latin America but not in the main markets like Europe and America.

 According to the Public Eye, the cerelac products which were sold in India have high sugar content which is nearly 3 grams per serving. 

The union Consumer affairs asked FSSAI to take action against NESTLE. Due to high sugar content in the baby products leads to obesity. Obesity can be eliminated by decreasing sugar content.

“Obesity is on the rise in low- and middle-income countries and it has reached epidemic proportions. Now it has fuel to increase diseases such as cardiovascular diseases, cancer and diabetes.” It was warned by the WHO. 

Previously in 2015, there was a complaint filed by the Union of India, Department of Consumer Affairs against NESTLE for selling hazardous and defective Maggi Noodles.

2. Selling expired and adulterated food products

3. In Hyderabad, the Food processing unit raided and seized expired and adulterated food products including turmeric powder, ketchup, chilli Sauce, synthetic colours.

4. In Gandhinagar, 2,600kg of adulterated pepper seized by the Gujarat food and drug control administration and Special Operations Group.

It was admitted that purchasing the raw material and coating with starch powder and powdered gum then polishing will increase the weight.

• 136 food samples were collected by Ahmedabad Municipal Corporation as they were suspected of adulteration and substandard quality. The samples were sweets, bakery products, milk and milk products and edible oils. The samples were sweets, bakery products, milk and milk products and edible oils.

462 litres of liquid food items and 963 kg solid food items were found inedible and destroyed.

3. Samples of ghee collected from prominent temples 

4. There were allegations of adulterated ghee sent by AR Dairy Foods Private Limited Company to Tirupati laddu prasadam. Food samples were collected by the food safety officials.

5. In regard to the allegations of Tirumala, the food safety authority has collected samples of ghee, dal , sugar jaggery from annavaram sri  veera Venkata Satyanarayana swamy Devasthanam.

6. The Food and Drug Department have collected samples of ingredients of prasadams of different prominent temples likewise Khajarana Ganesh Temple laddo, Puri Jaganath Maha Prasad, Mathura Vrindavan Peda, Ujjain Mahakal Prasad, Shree Siddivinayak Temple.

Preventive measures were not taken properly

• There was an incident in Ghaziabad, where a private employee claimed that he found a frog leg in a samosa. 

• Another incident in Ghaziabad, where a juice vendor sold juice by mixing his urine.

• There was another incident in which a Noida resident claimed that worms were found in a milk packet. Another similar issue is that a Noida resident claims that oil was dripped from paneer which she bought from a local store.

• There was widespread news that human fingers are contained in ice-cream. It was founded by a Mumbai resident.

• There was an incident that while making rotis, the teenager spit on it.

There were a lot of incidents regarding food adulteration. Only some instances were discussed in this research paper. This research paper will analyse how to prevent food adulteration. This paper also discusses the laws and if there is any need to implement more effective laws.

• In Hyderabad, Food Safety Authorities have collected 70 samples of ghee between January and September where 16 samples were detected as adulterated. These samples of ghee contain palm oil, vegetable oils etc.

• It was found that in the last three years, 22% of milk and milk products don't meet the standards and it was raising the concerns of public health.

• The food regulator analysed nearly 144,345 samples where 32,934 samples doesn’t meet the standards of the FSSAI.

  
  

The present research paper is Doctrinal research methodology. The paper analyses various contemporary issues of food adulteration. It discusses the various laws regarding food adulteration and suggestions to prevent food adulteration. This paper is prominently based on recent issues and extends to Government actions towards Food Adulteration. This paper analyses different laws, Acts, reports etc.

In India, there are many laws regarding Food Adulteration such as Prevention of Food Adulteration Act 1954, Food Safety and Standards Authority Act 2006, Bhartiya Nyaya Sanhitha 2023 (previously Indian Penal Code).

• Under Bhartiya Nyaya Sanhitha 2023, Section 274 deals with Food Adulteration. Under this section, whoever adulterates any food article as to make noxious and intended to sell such article as food or drink or sold such article, shall be punished with imprisonment of either description for a term which may extend up to six months or with fine which may extend up to five thousand rupees or both. [ Previously, under section 272 of Indian Penal Code 1860 discusses Food Adulteration].

• Food Safety and Standards Act 2006 prescribed several penalties and offenses related food adulteration likewise

• Any person who sells the article which is not in nature or quality demanded by the purchaser, or substandard food, carrying any business without a license, compensation in case death or injury to consumer liable to pay penalty up to 5 lakhs.

• If any person advertises or publishes falsely about food to deceive people about its nature/substance/ quality, liable to pay a penalty of up to 10 lakhs.

• If any person violates rules of FSSAI Act is liable to a penalty up to 2 lakh rupees.

• If any person manufactures under unsanitary or unhygienic conditions shall be liable to pay up to one lakh rupees.

• The maximum punishment under this Act is life imprisonment and penalty up to 10 lakh rupees.

This research paper analyses the scientific methods to detect adulteration in food which have been developed by scientists and the preventive measures which were taken by the political leaders in different states.

• Scientists have developed the sensor to detect water adulteration in honey which is mostly fraudulent practice. It was developed by the NUAA and HUT. 

When water is added to honey, it changes the behaviour of electromagnetic waves around it. This microstrip line resonator sensor can detect the difference in electromagnetic waves and change in resonance frequency which signals adulteration of honey in water.

• The FSSAI of India has introduced DART which is a common method to detect adulteration through rapid tests. It is the test for detection of some foods in the household.

Milk: keep a drop or some quantity of milk on the slanting surface, if it is adulterated milk, it follows without leaving any white mark.

Oils and Fats: By keeping oil in a bottle and it keeps in deep ice. After some hours it is clearly visible if it is adulterated.

Ghee: keep half spoon of ghee and add 2 drops of iodine. The formation of blue colour indicates the ghee is adulterated either with potatoes or any other substances.

Black pepper: It gives the smell of kerosene

This DART test has been provided to every food product by FSSAI which is an easy method to detect at home whether the product is adulterated or not.

The FSSAI has created awareness by uploading these DART tests on websites etc.

The Government is planning to enforce stricter legislations than these and introducing different techniques to prevent food adulteration. 

Uttar Pradesh Government issues strict rules regarding food contamination. CC TV’s, Gloves, Masks were mandatory in restaurants and hotels. It was instructed to conduct verifications in every restaurant, dhabas, hotels etc all over the state.  In order to safeguard the public, the Chief Minister of Uttar Pradesh has also demanded for amendments to the Food Safety and Standards Act.

The Kerala High Court observed that it is everyone’s fundamental right to get unadulterated food.  It is the duty of the state and union to provide unadulterated food to the citizens. It was discussed while quashing the criminal proceedings against PepsiCo India Holdings Pvt. Ltd. 

No one should escape from the law who sells adulterated food and the consequences should be faced. At present scenario, A full proof Act and rules is needed. 

There was a discussion about separate state law implications by the Maharashtra chief Minister. He revealed the Food and Drug Administration and the Dairy Development Department co jointly work upon to prevent milk adulteration. He also addressed that the Dairy Development Department should implement stricter laws in order to prevent milk adulteration and to safeguard the people.

Uttar Pradesh Government issues strict rules regarding food contamination. CC TV’s, Gloves, Masks were mandatory in restaurants and hotels. It was instructed to conduct verifications in every restaurant, Dhaba’s, hotels etc all over the state.  There was demand for amendments to the Food Safety and Standards Act.

• By creating awareness about laws and scientific techniques among the people.

• By implementing stricter laws than existing laws.

• Installation of CC TV’S and regularly check on them.

• By creating a team for regular checks in towns/cities etc.

  
  

Right to get unadulterated food is a fundamental right of every person. It is the duty of the state and union to provide unadulterated food. “Food Adulteration” is the gut issue in recent times. The meaning of food adulteration is adding any other substance which the purchaser is not satisfied with or making it poorer quality. The items like Milk, Ghee, Spices, Tea are the most unadulterated in India. The article is unadulterated if it doesn’t meet the standards of the FSSAI. 

In India there are many laws regarding Food Adulteration even though there are many issues. One of the reasons, due to lack of awareness of laws, and another reason is the need to implement even stricter laws than existing ones. Many companies were selling the unadulterated food articles.

To prevent food adulteration, awareness campaigns should be conducted, CCTV Tv's should be installed and implementation of stricter laws.