 bill  no 134 of  2018 the prevention of food adulteration (amendment) bill, 2018 by shri mullappally ramachandran, mp a billfurther to amend the prevention of food adulteration act, 1954be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title and commencement1 (1) this act may be called as the prevention of food adulteration (amendment)act, 20185(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint37 of 1954amendment of section 22 in section 2 of the prevention of food adulteration (amendment) act, 1954(hereinafter referred to as the principal act),—(a) after clause (iii), the following clauses shall be inserted, namely:—10"(iiia) 'consumables' means any article meant for human consumption asfood or drink and shall include raw and cooked fish, meats, vegetables, fruits,poultry and dairy products, bottled water, soft drinks, grains, pulses, cooking oils, spices, dry fruits and sauces;(iiib) "contaminated"— an article of food shall be deemed to be contaminated—5(a) if there is any addition or use of any contaminating substance in any article of food or in the packing of such article of food;(b) if harmful chemicals, preservatives, acids, paints, polish or wax have been used in any article of food which are not permitted in the use of such article of food; and10(c) if formalin, wax, ammonia or any dangerous chemical or substance is used for the preservation of food";(b) for clause (v), the following clause shall be substituted, namely:—15'(v) "food"means any article used as food or drink for human consumption other than drugs and includes any substance consumed by human beings as food and shall include cooked and uncooked food, milk and milk products, dairy produce, meats of all variety, fish of all variety, vegetables of all variety, fruits of all variety, grains and pulses of all variety, packed drinks including drinking water;' ; and (c) after clause (vi), the following clause shall be inserted, namely:—20"(via) 'harmful chemicals' include formalin, ammonia and other chemicals and insecticides, pesticides and preservatives, the presence of which in food causes or is likely to cause harm to the consumer"amendment of section 53 in section 5 of the principal act, after clause (i), the following clause shall be inserted, namely:—25"(ia) any contaminated food;" 4 after section 5 of the principal act, the following section shall be inserted, namely:—insertion of new section 5a"5a no person shall export from india any adulterated or contaminated food"prohibition of export of contaminated food amendment of section 75  in section 7 of the principal act, after clause (i), the following clause shall be inserted, namely:—30"(ïa) any contaminated food;"amendment of section 166 in section 16 of the principal act, the existing sub-section (1aa) shall be renumbered as sub-section (1ab) and before the sub-section (1ab) so as renumbered, the following sub-section shall be inserted, namely:—35"(1aa) any person who, whether by himself or by any other person on his behalf, export from india or manufactures for sale or stores, sells or distributes any contaminated food shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which shall not be less than rupees one lakh:40provided that if the contaminated food, consumed by any person is likely to cause his death or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of section 320 of the indian penal code (45 of 1860), he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to term of life and with fine which shall not be less than rupees two lakh;" statement of objects and reasonspollution, contamination and adulteration in foods for human consumption is on the rise, deeply affecting the health and lives of the persons at large it is not only the adulteration of foodstuffs that is dangerous to human health but more so it is the contamination of food by use of extremely dangerous chemical substances that is more harmful to health and is mostly fatal unfortunately in today's commercial life we find people knowingly or unknowingly indulging in poisoning food by the use of substances like formalin and ammonia to preserve fish and meats and also dangerous levels of insecticides and pesticides and even artificial ripening agents and colours on fruits and vegetables it is pertinent to note that huge consignments of our traditional fruits like mangoes and large wealth of fish are being rejected by foreign purchasers because of the presence of these dangerous chemicalswe cannot expose our country's reputation in the international market or our own nation's consumers to the dangers of these substances experts opined that consumption of these substances cause incurable and fatal diseases if left unfettered, this will cause a health emergency in the country the use of such substances tantamount to homicide - not of individuals - but of whole community it is essential to bring stringent law to prohibit the use of such substances or consumables and to inflict deterrent punishment for such usethe bill, therefore, seeks to amend the prevention of food adulteration act, 1954 with a view to prohibit export from india or manfucature for sale or store, sell or distribution of any contaminated food and to provide for punishment theretohence this billnew delhi;mullappally ramachandranjune 29, 2017 annexure extract from the prevention of food adulteration act, 1954 [act 37 of 1954]|     |     |     |     |    ||------|------|------|------|-----|definitions2 in this act, unless the context otherwise requires—(iii) "committee" means the central committee for food standards constituted under section 3;|     |     |     |     |    ||------|------|------|------|-----|(v) "food" means any article used as food or drink for human consumption other than drugs and water and includes—(a) any article which ordinarily enters into, or is used in the composition or preparation of, human food,(b) any flavouring matter or condiments, and (c) any other article which the central government may having regard to its use, nature, substance or quality declare by notification in the official gazette, as food for the purposes of this act; (vi) "food (health) authority" means the director of medical and health services or the chief officer in-charge of health administration in a state, by whatever designation he is known, and includes any officer empowered by the central government or the state government, by notification in the official gazette, to exercise the powers and perform the duties of the food (health) authority under this act with respect to such local area as may be specified in the notification;]|     |     |     |     |    ||------|------|------|------|-----|5 no person shall import into india—(i) any adulterated food; (ii) any misbranded food;prohibition of import of certain articles of food(iii) any article of food for the import of which a licence is prescribed, except in accordance with the conditions of the licence; and(iv) any article of food in contravention of any other provision of this act or of any rule made thereunder|     |     |     |     |    ||------|------|------|------|-----|7 no person shall himself or by any person on his behalf, manufacture for sale or store, sell or distribute:—(i) any adulterated food,prohibition of manufacture, sale, etc of certain articles of food    penalties16 (1)  subject to the provisions of sub-section (1a), if any person—|     |     |     |     |    ||------|------|------|------|-----|(1-a) if any person whether by himself or by any other person on his behalf, imports into india or manufactures for sale or stores, sells or distributes,—(i) any article of food which is adulterated within the meaning of any of the sub-clauses (e) to (1) (both inclusive) of clause (ia) of section 2; or(ii) any adulterant which is injurious to health; he shall, in addition to the penalty to which he may be liable under the provisions of section 6, be punishable with imprisonment for a term which shall not be less than one year but which may extend to six years and with fine which shall not be less than two thousand rupees:provided that if such article of food or adulterant, when consumed by any person is likely to cause his death or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of section 320 of the indian penal code (45 of 1860), he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to term of life and with fine which shall not be less than five thousand rupees (1-aa) if any person is whose safe custody any article of food has been kept under sub-section (4) of section 10, tampers or in any other manner interferes with such article, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which shall not be less than one thousand rupees lok sabha———— a billfurther to amend the prevention of food adulteration act, 1954————(shri mullappally ramachandran, mp)mgipmrnd—696ls(s3)—25-07-2018