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FOOD ADULTERATION and Federal Food, Drug, and Cosmetic Act

 What is  Food law

 
food law is the collection of laws and regulations that govern food production, distribution and consumption. Food laws aim to protect consumers and provide for the efficient growth and use of food in the United States. ... In addition, they work on behalf of government agencies making or enforcing food laws and policies,
Introduction
  • Prevention of Food Adulteration Act, 1954 was the first law that was passed by the legislation in order to promote food security in the country. It regulated the laws of the food industry along with six other laws:
    • The Fruit Product Order of 1955,
    • The Meat Food Products Order of 1973,
    • The Vegetable Oil Products (Control) Order of 1947, The Edible Oils Packaging (Regulation) Order of 1998,
    • The Solvent Extracted Oil, De-oiled Meal, and Edible Flour (Control) Order of 1967 and
    • The Milk and Milk Products Order of 1992
  • Ministry of Food Processing Industries (MoFPI through policy initiatives is working towards spearheading reforms in the food sector. Some of the prominent reforms undertaken by MoFPI towards attracting foreign investments are
  • FSSAI Compliance Criterion for Import of Food Products to Indiaa
    • Food articles imported to India from foreign countries and distributed in India need to conform to the FSSAI regulations or suffer restrictions on import. The FSSAI also has stringent regulations for packaging and labeling under Food Safety and Standards (Packaging and Labeling) Regulation, 2011.
    • For example, all chocolates, as defined in the Food Safety and Standards (Food Product Standards and Food Additives) Regulation, 2011are to be prepared from milk. They cannot contain any vegetable oil or fats. Labels need to mention artificial flavours used to comply with FSSAI regulations. If these guidelines are not adhered to then chocolates are not permitted to enter Indian markets.
For alcoholic beverages, FSSAI stipulates that all ingredients, including additives need to be mentioned on labels in descending order of their composition by weight and volume.
FOOD ADULTERATION
Adulteration is a practice of substituting original crude drug partially or whole with other similar looking substances but the latter is either free from or inferior in chemical and therapeutic propertie
Penalty is minimum imprisonment of six months that may extend up to 3 years and minimum fine of Rs 1000. Import, manufacture, storage, sale or distribution of any food article which is adulterated or any adulterant which is injurious to health is being used is punishable under Law

Federal Food, Drug, and Cosmetic ActEdit

The Federal Food, Drug, and Cosmetic (FD&C) Act 1988) provides that food is "adulterated" if it meets any one of the following criteria:
  • (1) it bears or contains any "poisonous or deleterious substance" which may render it injurious to health;
  • (2) it bears or contains any added poisonous or added deleterious substance (other than a pesticideresidue, food additive, color additive, or new animal drug, which are covered by separate provisions) that is unsafe;
  • (3) its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;
  • or (4) it bears or contains a pesticide chemical residue that is unsafe. (Note: The United States Environmental Protection Agency(EPA) establishes tolerances for pesticide residues in foods, which are enforced by the FDA.)
Food also meets the definition of adulteration if:
  • (5) it is, or it bears or contains, an unsafe food additive;
  • (6) it is, or it bears or contains, an unsafe new animal drug;
  • (7) it is, or it bears or contains, an unsafe colour additive;
  • (8) it consists, in whole or in part, of "any filthy, putrid, or decomposedsubstance" or is otherwise unfit for food;
  • or (9) it has been prepared, packed, or held under unsanitary conditions (insect, rodent, or bird infestation) whereby it may have become contaminated with filth or rendered injurious to health.
Further, food is considered adulterated if:
  • (10) it has been irradiated and the irradiation processing was not done in conformity with a regulation permitting irradiation of the food in question (the FDA has approved irradiation of a number of foods, including refrigerated or frozenuncooked meat, fresh or frozen uncooked poultry, and seeds for sprouting C.F.R. Part 179].);
  • (11) it contains a dietary ingredientthat presents a significant or unreasonable risk of illness or injury under the conditions of use recommended in labeling (for example, foods or dietary supplements containing aristolochic acids, which have been linked to kidney failure, have been banned.);
  • (12) a valuable constituent has been omitted in whole or in part or replaced with another substance; damage or inferiority has been concealed in any manner; or a substance has been added to increase the product's bulk or weight, reduce its quality or strength, or make it appear of greater value than it is (this is "economic adulteration");
  • or (13) it is offered for import into the United States and is a food that has previously been refused admission, unless the person reoffering the food establishes that it is in compliance with U.S. law U.S.C. § 342]

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