PREVENTION OF FOOD ADULTERATION RULES, 1955

 

PART I 

Preliminary

 

1.        Short title, extent and commencement   

 

2.        Definitions  

 

PART II

The Central Food Laboratory

 

3.        Functions  

 

4.        Analysis of food samples   

 

PART III

Definitions and Standards of Quality

 

5.        

PART IV

Public Analyst and Food Inspectors

 

6.       Qualification of Public Analyst   

 

7.        Duties of a Public Analyst   

 

8.        Qualifications for Food Inspector 

          

9.         Duties of a Food Inspector 

          

9-A.     Sending of sample by Local (Health) Authority 

          

9-B.     Local (Health) Authority to send report to person concerned    

 

10.      Forms of order not to dispose of stock and of bond 

          

11.      Forms of receipt for food seized by a Food Inspector 

          

12.       Notice of intention to take sample for analysis

 

12-A.   Warranty

 

12-B.   Form of nomination of Director or Manager and his consent under Sec.   

 

12C.  Vendor to disclose name and address of Director or Manager in certain circumstances

 

13.      Power of Food Inspector to deal with carriers of disease handling food

 

PART V

Sealing, Fastening and Despatch of Samples

 

 

14.      Manner of sending samples for analysis

 

15.      Bottles or containers to be labelled and addressed   

 

16.      Manner of packing and sealing the  samples    

          

17.      Manner of despatching containers of samples

 

18.      Memorandum and impression of sea] to be sent separately

          

19.      Addition of preservatives to samples

 

20.      Preservative in respect of milk, cream, dahi, khoa or khoa based and Paneer based sweets such as kalakand and burfi Chutney and prepared foods and gur, coffee and tea                                                  

 

21.      Nature and quantity of the preservative to be noted on the label 

          

22.      Quantity of sample to be sent to the Public Analyst

          

22-A.   Contents of one or more similar sealed containers  having identical labels to constitute the quantity of food sample 

          

22-B.   Quantity of sample sent to be considered as sufficient

          

22-C.   Quantity of samples of found packaging material to be sent to the public analyst

 

PART VI

Colouring Matter

 

23.      Unauthorized addition of coloring matter prohibited  

 

24.      Extraneous addition of coloring matter to be mentioned on the label 

          

25.      Use of caramel permitted 

          

26.      Natural coloring matters which may be used

 

27.      Addition of inorganic colouring matters and pigments prohibited

          

28.      Synthetic Colours which may be used 

          

29.      Use of permitted synthetic food colours prohibited

 

30.      Maximum limit of permitted synthetic food colours

          

31.      Colours to be pure

 

PART VII

Packing and Labelling of Foods

 

32.      Package of food to carry a label 

          

32-A.   Nutritional food

          

33.      Language of the particulars or declaration of the label

          

34.      Declaration to be Surrounded by line

 

35.      Distance of surrounding line

36.      Size of types used for declaration

      

37.      Labels not to contain false or misleading statements

 

37-A.   Manufacture of proprietary foods and infant foods  

 

37-B.   Labelling of infant milk substitute and infant food 

 

37-C.   Labelling of Irradiated Food  

 

38.      Labels not to contain reference to Act or rules contradictory to required particulars

 

39.      Labels not to use words implying recommendations by medical profession

 

40.      Unauthorized use of words showing imitation prohibited

          

41.      Imitations not to be marked pure

          

42.      Form of labels

          

43.      Notice of addition, admixture or deficiency in food

          

43-A.  Restriction on Advertisement

 

 

PART VIII

Prohibition and Regulation of Sales

 

44.      Sale of certain admixtures prohibited 

          

44-A.  

          

44-AA Prohibition of use of’carbide gas in ripening of fruits

 

44-AAA.    

 

44-B.  Restriction or sale of ghee having less Reichert value than that specified for the area where such ghee is sold    

          

44-C.   Restriction on sale of Til oil produced in Tripura, Assam and West Bengal    

 

44-D.   Restriction on sale of carbia colossal and honey dew 

 

44-E.   Restriction on sale of Karigra tea

          

44-F.   Restriction on sale of irradiated food

          

44-G.   Conditions for sale of flavored tea 

 

45.      Food resembling but not pure honey not to be marked honey

 

46.      Sale or use for sale of admixture of ghee or butter prohibited

 

47.      Restriction on use and sale of artificial sweeteners

 

48.      Use of flesh of  naturally dead animals or fowls prohibited

          

          

48-A    Sale of permitted food colors 

          

48-B.   Sale of insect-damaged dry-fruits and nuts

          

48-C.   Sale of- food additives

          

48-D.   Storage and sale of irradiated food 

          

PART IX

Conditions for Sale and Licence

 

49.      Conditions for sale                                                      

 

50.      Conditions of licence

 

51.      Duration of licence

          

51-A.   Procedure for issue of licence in certain local areas

 

PART X

Preservatives

 

52.      Definition of preservative 

          

53.      Classification of preservatives.

          

54.      Use of more than one Class II preservative prohibited

          

55.      Use of Class II preservatives restricted 

          

55-A.  Use of Class II preservatives in mixed foods

          

55-B.  Restriction on use of nitrate and nitrite

          

55-C.  Use of Natamycin for surface treatment of cheese (hard) 

 

56.      [Repealed]

 

PART XI

Poisonous Metals

 

57.      Poisonous metals

 

PART XI -A

Crop Contaminants and Naturally

Occurring Toxic Substances

 

57-A. Crop contaminants 

          

57-B. Naturally occurring toxic substances

 

PART XII

Anti-oxidants, Emulsifying and Stabilizing

and Anti-caking Agents

 

58.      Definition of anti-oxidant 

          

59.      Restriction on use of anti-oxidants 

          

59-A.  Use of anti-oxidants in vitamin D preparation

          

60.      Definition of emulsifying and stabilizing agents 

 

61.      Restriction on use of emulsifying and stabilizing agents

          

61-A.   Use of starch phosphates

          

61-B.   Use of emulsifying and stabilizing agents in flavouring agents

          

61-C.   Use of emulsifying and stabilizing agents in fruit products 

 

61-D.   Use of emulsifying and stabilizing agents in Frozen Desserts 

          

62.      Restriction on use of anti-caking agents 

          

62-A.   Anti-foaming agents in edible oils and fats

          

62-B.   Use of release agents in confectionery

 

PART XIII

Flavouring Agents and

Related Substances

 

63.       Flavouring agents 

    

(A)      Natural flavours and natural flavouring substances 

 

(B)      Nature-identical flavouring substances

            

(C)      Artificial flavouring Substances 

 

63-A.   A restriction on use of flavouring agents

 

64.      Solvent in flavour 

          

64-A.   Use of anti-oxidantis, emulsifying and stabilizing agents and food preservatives in flavour

          

64-B.   Use of Monosodium glutamate

          

64-BB.Extraneous addition of flavorings agent to be mentioned on the label 

 

64-BBB. [Repeated]

    

PART XIII-A

Carry over of Food Additives

 

64-C.   Carry over of food additives

 

PART XIV

Insecticides and Pesticides

 

65.      Restriction on the use of insecticides  

          

 

 

PART XV

Solvent Extracted Oils and Edible Flour

 

66.      Definition of solvent-extracted oil

 

67.      Conditions of manufacture, stock and sale of solvent extracted oil

 

68.      Definition of  solvent-extracted edible flour

 

69.      Conditions of manufacture, stock and sale of the solvent extracted edible flour

 

69-A.   Restriction on the use of solvent  

 

PART XVI

Sequestering and Buffering Agents

 (Acid, Bases and Salts)

 

70.      Definition of sequestering agents

 

71.      Definition of buffering agents

 

72.      Restrictions on the use of sequestering and buffering agents 

          

72-A.   Restriction on use of certain substance 

          

72-B.   Use of Glycerol Esters of Wood Resins (Ester Gum)

          

PART XVII

Irradiation of Food

 

73.      

 

74.      Dose of Irradiation  

 

75.      Requirement for the   process of irradiation

 

76.      Restrictions on Irradiation of food   

          

77.      Record of irradiation of Food   

          

78.      Standards of Irradiated food    

          

            Appendix A   

 

           Appendix B  

          

PREVENTION OF FOOD ADULTERATION

RULES, 19551

 

1.       Vide S.R.O. 2106, dated the 12th September, 1955, published in the Gazette of India, Extraordinary, Pt.II. Sec. 3 (dated the 12th September, 1955.

Note.-These rules are framed under Sec.23 of the Act applicable to the whole of India, except the State of Jammu & Kashmir, whereas the State is empowered to frame rules for limited purposes specified under Sec.24 of the Act.

 

PART I

Preliminary

 

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 1[* * *].

 

2[(3)    The rules other than those contained in Part III Appendix “B” Item A.12- Margarine, Part VI and Part VII shall come into force on the date of their publication in the Official Gazette, the rules contained in Part III-Appendix “B”, Item. A.12- Margarine, shall come into force on the first day of June, 1956 and the rules contained in Part VI and I)art VII shall come into force on 3[the first day of December], 1956.].

 

1.         Omitted vide,G.S.R.436 (E),dated the 10th October, 1972, published in the Gazette of India, Extraordinary, Pt.II, Sec. 3 (i), dated the 11th October, 1972.

2.         Subs. by Notify No. S.R.O. 1202, dated the 19th May, 1956.

3.         Subs. by Notifn.  No. S.R.O. 2213, dated 28th September, 1956.

 

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 ;

 

1[(c)    Laboratory means a Central Food Laboratory];

 

(d)       Form means a form set forth in Appendix A to these rules;

 

(da)     Infant means a child not more than twelve months of age;

 

2[(db) Infant food means any food (by whatever name called) being marketed or otherwise represented as a complement to mother milk to meet the growing nutritional needs of infant after the age of four months;

 

(dc)     Infant milk substitute means any food being marketed or otherwise represented as partial or total replacement for mother milk, whether or not it is suitable for such replacement;]

 

3[(e)    Local Authority means-

 

 

(i)        In the case of sea ports, the Health Officer as defined in the Indian Port Health Rules, 1955, in respect of that portion of local area falling within the Jurisdiction of the ports;

 

(ii)       In the case of airports, the Health Office as defined in the Indian Aircraft (Public Health) Rules, 1954, In respect of that portion of the local area falling within the jurisdiction of the airports;

 

(iii)      In the case of all railway stations or groups of railway station (including any railway colony, office, yard, goods-shed, transhipment shed, workshop and other works owned and maintained by the Railway Administration for the purpose or in connection with Railways) the Medical Superintendent, Divisional Medical Office of the Railways in respect of that portion of the local area falling within the jurisdiction of the said railway station or group of railway stations]

 

4[(iv)   In the case of an ordnance factory or equipment factory, the General manager of such factory or equipment factory or both].

 

 

1.        Subs. by G.S.R, 70(E) dated the 8th February, 1978, published in the Gazette of India Extraordinary Pt. II Sec. 3 (i) dated 8th February, 1978 (w.e.f. 1st April, 1978).

2.        Ins. by G.S.R.147 (E) dated 14th March 1997 (w.e.f. 14th September, 1997)

3.        Ins. by G.S.R, 508 (E) dated the 27th September 1975.

4.        Ins. by G.S.R. 422 (E) dated 24th May, 1982 published in the Gazette of India Extraordinary Pt. II sec. 3(i) dated the 24th May, 1982 (w.e.f. 24th May, 1982)

 

PART II

THE CENTRAL FOOD LABORATORY

 

3.        Functions---

 

1[(1)] 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 authorised by the central government for the purpose and submission of the certificate of  analysis to the authorities concerned;

 

(b)       Investigation for the purpose of fixation of standard of any article of food ;

 

(c) 2[(c)] Investigation for collaboration with the laboratories of public analysts in the various states and such other laboratories and institutions which the central government may approve in this behalf, for the purpose of standardizing methods of analysis.]

                  

3[(2)]   The laboratory specified in col.(1) of table I below, shall carry out the functions entrusted to it by the  Act or these  rules in respect of the local areas specified in the  corresponding  entry in col.(2) thereof.

 

1.        Re-numbered by G.S.R.70 9(E) dated the 8th February, 1978, (w.e.f. 1st April.1978).

2.        Subs. By G.S.R.1553.dated the 8th July ,1968 (w.e.f. 1st April 1978).

3.        Subs. by G.S.R.745  (E), dated 20th September ,1985 (w.e.f. 20th March 1986) for the sub-rule inserted by the G.S.R. 70 (E) dated the 8th February, 1978 and subsequently amended by G.S.R.652 (E) dated the 14th November,1980.

 

1[ TABLE-I

 

 

Name of the central food laboratory

 

Local Areas

 

 

(1)

 

(2)

 

1. Central food laboratory, Calcutta

 

 

Delhi, Gujarat, Karnataka, Maharashtra, Tamil Nadu and Union Territory of Pondicherry.

 

 

2.    Central Food Laboratory, My sore

 

Goa, Jammu and Kashmir, Madhya Pradesh, Orissa, Rajas than, West                                         Bengal and Union Territories of                                                    Dadra & Nagar Haveli, Daman &                                                   Diu.

 

3.  Central Food Laboratory, Pune

Bihar, Haryana, Himachal Pradesh, Punjab, Uttar Pradesh and Union Territory of Chandigarh.

 

4    Central   Food Laboratory Ghaziabad.

Arunachal Pradesh, Assam, Andhra Pradesh, Kerala, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and      Union Territories of Andaman & Nicobar Islands  and Lakshadweep                                 .

 

Provided that the laboratory specified in Col. (1) of Table 11 shall also carry out analysis of samples received under sub-section (2) of Sec. 6 of the Act in respect of the local areas specified in the corresponding entry in Col. (2) thereof.

 

1.        Subs. by G.S.R. 777 (E) dated 5th December, 1995 (w.e.f. 5th June, 1996).

 

TABLE-II

Name of the Central Food Laboratory

Local Areas

(1)

(2)

I .   Central Food Laboratory, Calcutta- 700016

Sea Ports of’ Calcutta, Paradip,  Visakhapatnam ,port Blair and Airport, of Calcutta 1[Air Cargo Complex, Calcutta, Indo-Nepal Border in Uttar Pradesh, Bihar, West Bengal, Indo-Bangladesh Border in West Bengal, Tripura, Meghalaya and Assam and Indo Mayanmar Border in, and Mizoram and Nagaland].

 

2.  Central Food Laboratory.  Ghaziabad- 201001

Airports of- Delhi and Attari Border, Amritsar

 

3.   Central Food Laboratory, My sore 570013

Sea Port of Cochin, Madras, Mandapam Camp, New Tuticorin, Parambur, New Mangalore and Airport of Madras, Tiruchirapalli a  Trivandrum, Bangalore Inland Container Depot, Bangalore

 

4. Central Food Laboratory, Pune-411001

Sea Ports of Bombay, Kandla, Marmugao    and Airport of Bombay].

 

1.        Subs. By G.S.R. 777 (E). dated 5th December, 1995 (w.e.f. 5th June, 1996).

 

 4.       Analysis of food samples.-

 

1[(1)    (a)       Samples of food for analysis under sub-section (2) of’ Sec.13 of the Act 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.

 

(b)       Samples of food analysis under sub-section (3) of Sec. 6 of the Act or under Cl. (a) of rule 3 shall be sent either through a messenger or by a registered post in a sealed packet enclosed together with a memorandum in Form I-A 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 sea] the container and the cover shall be sent separately by registered post to the Director.

 

2[(4)    On receipt of a package containing a sample for analysis, the Director or an officer authorized by him shall compare the seals on the container and the outer cover vastly specimen impression received separately and shall not the condition of’ the seals thereon.]

 

(5)       After test or analysis, the certificate thereof shall be supplied forthwith to the sender in Form II.

 

 3[(6)      The fees payable in respect of shelf a certificate shall be 4[RS. 200] per sample of food analysed.]

 

(7)       Certificates issued under these rules by the laboratory shall be signed by the Director.

 

1.        Subs. By G.S.R. 618 (E) dated 16th May, 1988 (w.e.f. 16th May, 1988).

2.        Subs. By G.S.R.. 618 (E).dated 16th May, 1988 (w.e.f. 16th  November, 1988).

3.        Subs. By G.S.R. 1134, dated the 16th September,1961.

4.        Subs. By G.S.R 91 (E), dated 26th Feb, 1995 (w.e.f. 24th August ,1995)

 

PART III

Definitions and Standards of Quality

 

5.        Standard of’ quality of the various articles of food specified in Appendix  B to these rule are as defined in that Appendix.

 

PART IV

Public Analysts and Food Inspectors

 

1[6.     Qualifications of Public Analyst.- A person shall not be qualified for appointment as a    Public Analyst unless he :

 

(1)       Holds a Master’s Degree in Chemistry or Biochemistry or Food Technology or Microbiology or Food and Drugs from a University established in India by Law or is an Associate of the Institution of Chemists (India) by examination in the section of Food Analysts conducted by the Institution of Chemists (India) or has an equivalent qualification reorganized and notified by the Central Government for such purposes and has not less than three years’ experience in the analysis of food:

 

(2)       Has been declared qualified for appointment as a Public Analyst by a Board appointed and notified by the Central Government for such purposes :

 

Provided that a person who is a Public Analyst on the date of’ commencement of the Prevention of Food Adulteration (Amendment) Rules, 1994 or who has worked as a public Analyst for a period of three years before such commencement may hold office as such, subject to the terms and conditions of service applicable to him even though he does not fulfils the qualifications laid down in Cls. (1) and (2)

 

Provided further that a person who,-

 

(i)        Holds a degree in science with Chemistry or Biochemistry, Food Technology or Food and Drugs from a University established in India by Law or has an equivalent qualification recognised and notified by the Central Government for Such purpose and has not less than five years of’ experience after graduation in the analysis of food, and

 

(ii)         (a)     Has been declared qualified for appointment as a Public Analyst by a Board appointed and notified under Cl.(2) of this rule, prior to commencement of’ the Prevention of Food Adulteration (Amendment) Rules, 1994, or

 

              (b)   Shall be declared qualified for appointment as a Public Analyst by a Board appointed and notified under Cl.(2) of this rule up to the period of 31-3-1997.

 

Shall be eligible for, or appointment as Public Analyst, even though he does not fulfill the qualification laid down in Cl.(I).]

 

1.        Subs. by G.S.R. 91 (E). dated 26th February, 1995 (w.e.f. 24th August, 1995).

 

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.

 

1[Provided that in case sample container received by Public Analyst is found to be in broken condition or unfit for- analysis he shall within a period of seven days from the date of receipt of such sample inform the Local (Health) Authority about the same and send requisition to him for sending second part of the sample.)

 

(2)       The Public Analyst shall cause to be analysed such samples of article of food as may be sent to him by the Food Inspector or by any other person under the Act.

 

2[(3)   The Public Analyst shall, within a period of 3[forty days) from the date of’ receipt of any sample for analysis, 4[send by a registered post or by hand], to the local (Health) Authority a report of the result of such analysis in Form III:

 

Provided that where any such samples does not conform to the provisions of act or these rules, the Public Analyst shall 5send by registered post or by, hand] four copies of Such report to the said Authority

 

Provided further that the Public Analyst shall forward a copy of such report also to the person who purchased an article of food and forward tire same to him analysis under See.12 of the Act.]

 

5[Note:-In case of sample received under the proviso of rule 7 (1) or rule 9-A. the period of forty days shall be counted from the date of receipt of the second part of  the sample.]

 

1.        Ins. by G.S.R. 91 (E).date  26th February,1995 (w.e.f.24th August,1995).

2.        Subs. By G.S.R. 4(E) dated 4th January, 1977, published in the Gazette of India, Extraordinary, Pt.II Sec.3 (i),dated 4th January ,1997.

3.         Subs by G.S.R. 500(E) 9th July , 1984. for the words “forty-five days”.

4.        Subs by G.S.R. 422(E) dated 29th, April , 1987 (w.e.f. 29th April, 1987). for the word

5.        Ins. By G.S.R. 91 (E), dated 26th February, 1995 (w.e.f. 24th August, 1995).

 

1[8.     Qualifications for Food Inspector.-A person shall not be qualified for appointment as Food Inspector unless he-

 

(a)       Is a medical officer in charge of Health administration of a local area : or

 

(b)       Is a graduate in medicine and has received at least one month’s training in food inspection and sampling work approved for the purpose by the Central Government of a State Government : or

 

(c)       Is a graduate in Science with Chemistry as one of the subjects of  is a graduate in Agriculture or Public Health or Pharmacy or in Veterinary Science or a graduate in Food Technology or  Technology or is a diploma-holder in Food Technology or Dairy Technology from a university or institution established in India by law or has equivalent qualifications recognized and notified by the Central Government for the purpose and has received three months’ satisfactory training in food inspection and sampling work under a Food (Health) Authority or in an institution approved for the purpose by Central Government:

 

Provided that the training in food inspection and sampling work obtained prior to the commencement of the 2[Rule 3 of the Prevention of Food Adulteration (Fourth Amendment) Rules, 1976, in any of the laboratories  under the control of-

 

(i)        A public analyst appointed under the Act; or

 

(ii)       A fellow of the Royal Institute of Chemistry of Great Britain (Branch E) : or

 

(iii)      Any Director, Central Food Laboratory ; or the training obtained under a food (Health) Authority prior to the commencement of the Prevention of Food Adulteration (Amendment) Rules, 1980, shall be considered to be equivalent for the purpose of the requisite training under these rules :

 

3[Provided further that a person who is a qualified Sanitary Inspector having experience as such for a minimum period of one year and has received at least three months training in whole or in parts in food inspection, and sampling work, may be eligible for appointment as Food Inspector, Lip to the period ending on the 31st March, 1985, and may continue as such if so appointed even though lie does not fulfill the qualifications as laid down in Cls. (a) to (c):

 

Provided also that nothing in this rule shall be construed to disqualify any person who is a food inspector on the commencement of the Prevention of Food Adulteration (Amendment) Rules, 1980, from continuing as such after such commencement.]

 

1.        Subs. by G.S. R. 244. dated Ist March, 1980 (w.e.f. Ist March, 1980), published in the Gazette of India.  Pt.II, Sec.3 (i), dated Ist March, 1980.

2.        Subs. by G.S.R. 268 (I,), dated 16th March, 1983 (w.e.f. 16th, March, 1983).

3.        lbid.

 

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 licenses 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 framed 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 the seizure of stocks, and to submit copies of such records to the Health Officer of the Food (Health) Authority as directed in this behalf-,

 

(f)       To make such inquiries 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 authorized by the Health Officer, having jurisdiction in the local area concerned or the Food (Health) Authority, to detain imported packages which he has reasons to suspect contain food, the import or sale of which is prohibited;

            1[ * * *]

 

 (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 Local (Health) Authority] or the Food (Health) Authority;

 

 [(j)                *             *                      *                                   *            ]

 

1 .       Ins. by G.S.R. 91 (E), dated 26th February. 1995 (w.e.f. 24th August, 1995).

 

1[9-A.  Sending of sample by Local (Health) Authority.-

 

(a)       Local (Health) Authority shall within a period of seven days of receipt of’ requisition for second part of the sample from Public Analyst under the proviso of’ rule 7 (1), send such sample to the Public Analyst.

 

(b)       Local (Health) Authority, while sending second part of the sample under the provisions of sub-section (2-E) of Sec. 13 of the Act, shall do so within a period of 20 days from the date of receipt of the report from the first Public Analyst.]

 

1.        Ins. by G.S. R. 91 (E), dated 26th February, 1995 (w.e.f.  24th August, 1995).

 

1[9-B]2 Local (Health) Authority to send report to person concerned.-The Local (Health) Authority shall 3[within a period of ten days  after the institution of prosecution forward a copy of the report of’ the  result of analysis in Form III delivered to him under sub-rule (3) of rule 7, by registered post or by hand, as may be appropriate, to the person from whom the sample of’ article was taken by the Food Inspector and] simultaneously also to the person, if any, whose name, address and other particulars has been disclosed under Sec. 14-A of the Act:

 

Provided that where the sample conforms to the provisions of the Act or the rules made thereunder, and no prosecution is intended under sub-section (2) or no action is intended under sub-section (2-E) of Sec. 13 of the Act, the Local (Health) Authority shall intimate the result to the vendor from. whom the sample has been taken and also to the person, whose name, address and other particulars have been disclosed under Sec. 14-A of the Act, within 10 days from the receipt of the report from the Public Analyst].

 

1.        Ins. by G.S.R. 4 (E), dated 4th January, 1977, published In the Gazette of India. Extraordinary, Pt.II.  Sec. 3 (i) dated 4th January, 1977.

2.        Re-numbered by G.S.R. 91 (E), dated 26th February, 1995 (w.e.f. 24th August 1995).

3.        Subs by G. S. R. 500 (E). dated 9th July, 1984, for the word “immediately”

 

1[10.   Forms of order not to dispose of stock and of bond.-Where the Food Inspector keeps any article of food in the safe custody of the vendor under sub-section (4) of Sec. 110---

 

(a)       He shall, after sealing such article of food, make an order to the vendor in Form IV and the vendor shall comply with such an order, and

 

(b)       He may require the vendor to execute a bond in Form IV-A.]

 

1.        Subs by G.S.R. 1533, dated 5th July, 1968.

 

11.      Forms 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 Sec. 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.

 

 

1[12.  Notice of intention to take sample for analysis.-When a Food Inspector takes a sample of an article for the purpose of analysis, he shall give notice of his intention to do so in writing in Form VI, then and there, to the person from whom he takes the sample and simultaneously, by appropriate means, also to the person, if any, whose name, address and other particulars have been disclosed under Sec.14-A of the Act]:

 

2[Provided that in case where a Food Inspector draws a sample from an open container, he shall also draw a sample from the container in original condition of the same article bearing the same declaration, if such container is available, and intimate this fact to the Public Analyst.]

 

1.        Subs. by  G.S.R. 590 (E),  dated 4th January, 1977.

2.        Added by G.S.R.  590 (E),  dated 23rd December, 1978.

 

1[12-A.Warranty.-Every manufacturer, distributor or dealer selling an article of food to a   vendor shall give either separately or in the bill, cash memo, or label 2 a warranty in Form VI-A].

 

1.        Subs. by G.S.R. 1533, dated 8th July, 1968.

2.        Corrected by Corrigenda, vide G.S.R. 2163. dated 2nd December, 1968.

 

1[12-B.  Form of nomination of Director or Manager and his consent under Sec. 17.-

 

(1)       A company may inform the Local (Health) Authority of the concerned local area, by notice in duplicate, in Form VIII containing the name and address of the Director or Manager, who has been nominated by it under sub-section (2) of Sec. 17 of the Act to be in-charge of and responsible to, the company for the conduct of the business of the company or any establishment, branch or unit thereof :

 

Provided that no such nomination shall be valid unless the Director or Manager who has been so nominated, gives his consent in writing and has affixed his signature, in Form VIII in duplicate in token of such consent.

 

(2)       The Local (Health) Authority shall sign and return one copy of the notice in Form VIII to the company to signify the receipt of the nomination and retain the second copy in his office for record.

 

1.        Ins. by G.S.R. 4 (E) dated 4th January,1977, published in the Gazette of India, Extraordinary Pt. II, Sec.3 (i) dated 4th January,1977.

 

 

12-C. Vendor to disclose name and address of Director, or Manager in certain circumstances.-Every vendor of an article of food shall disclose the name and address of the Director or Manager. as the case may be, nominated in Form VIII under rule 12-B to a purchaser who informs such vendor of him intention of purchasing any such article from him for analysis by a Public Analyst under Sec. 12 of the Act.]

 

13.      Power of Food Inspector to deal with carriers of disease handling food.-

    

(1)    Where the Food Inspector is of 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 Dispatch of Samples

 

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.

 

15.      Bottles or containers to be labelled and addressed.-All bottles or jars or other containers containing samples for analysis shall be properly labelled arid the parcels shall be properly addressed.  The label on any sample of  food sent for analysis shall bear----

 

1[(a)    Code number and serial number of the local (Health) Authority.

 

(b)       Name  of the sender with official designation, if any,

 

2[(c)     *              *           *                *]

 

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;

 

  [Provided that in the case, of  sample of’ food which has been taken from Agmark sealed container, the label shall bear the following additional information’s :

 

(a)      Grade;

 

(b)     Agmark label No./ Batch No;

 

(c)     Name of packing  station.]

 

1.        Subs- by Notifn. No. G.S.R. 293 (E), dated 23rd March, 1985, for the words and figure “Cl.(a) Serial No”

2.        Clause (c) omitted by Notifn. No.G.S.R.618 (E). dated 16th November,1988 (w.e.f. 16th may 1988).

 

16.      Manner of packing and sealing the samples.-All samples of’ food sent for analysis shall be packed, fastened and sealed in the following in the 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 contained 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:

 

1[(c)  A paper slip of the size that goes round completely from the bottom to top of the container, bearing the signature, and code and serial number of the Local (Health) Authority shall be pasted on the, wrapper, the signature or the thumb impression of the person from whom the sample has been taken being affixed in such manner that the papers slip arid the wrapper both carry, a part of this signature, or thumb impression :

 

Provided that in case, the person from whom the sample has been, taken refuses to affix his signature or thumb impression, the signature, or thumb impression of the witness shall be taken in the same manner:]

 

2[(d)] 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.

 

1.        Ins. by Notifn. No. G.S.R. 4 (E), dated 4th January, 1977, published in the Gazette of India, Extraordinary,Pt. II, Sec. 3 (i), dated 4thJanuary, 1977 (w.e.f. 4th,January, 1977).

2.        Renumbered by Ibid.

 

1[17.  Manner of dispatching containers of samples.-The containers of the sample shall

be dispatched in the following manner, namely:

 

(a)       The sealed container of one part of the sample for analysis and memorandum in Form VII shall be sent in a sealed packet to the Public Analyst immediately but not later than the succeeding working day by any suitable means;

 

(b)       The sealed containers of the remaining two parts of the sample and two copies of the memorandum in Form VII shall be sent in a sealed packet to the Local (Health) Authority immediately but not later than the succeeding working day by any suitable means;

 

2[(c)  The sealed container of one of the remaining two parts of the sample and a copy of the memorandum in Form VII kept with the Local

 

(Health) Authority shall within a period of 7 days be sent to the Public Analyst on requisition made by him to it by any suitable means. I.

 

Provided that in the case of a sample of food which has been taken from container bearing Agmark seal, the memorandum in Form VII shall contain the following additional information, namely:

 

(a)      Grade;

 

(b)     Agmark label No./ Batch No.;

 

(c)     Name of packing station)

 

1.        Subs. by G.S.R. 4 (E). dated 4th January, 1977, published in the Gazette of India.  Extraordinary, Pt.  II, Sec. 3 (i), dated 4th January, 1977.

2.         Ins. by G.S.R. 91 (E), dated 26th February, 1995 (w.e.f. 24th August, 1995).

 

1[18. Memorandum and impression of sea] to be sent separately.-A copy of the memorandum and specimen impression of the sea] fiscal to sent, in a sealed packet to the public Analysts suitable means immediately but not later than the succeeding working day.]

 

1.        Subs. By Notifn no. .G.S.R. 293 (E), dated 23rd March. 1985.

 

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.

 

1[20.   Preservative in respect of milk, cream 2[dahi, 3[Khoa or khoa based and Paneer based sweets. such as, Kalakand and Burfi, Chutney and prepared foods and 4[gur prepared coffee and prepared teal.-The preservative used in the case of samples of any milk 5[(including toned, separated and skimmed, milk), 6[standardised milk chhanna, skimmed milk channel  7 [cream, 8[* * *] [ice-candy,] 9[dahi,.

 

10[khoa or khoa based and Paneer based sweets, such as Kalakand and Burfi, Chutney and prepared foods] and 1[gur coffee and teal in liquid or semi-liquid form shall be the liquid commonly known as “formalin”, that is to say, liquid containing about 40 percent. of formaldehyde in aqueous solution in the proportion 11 [o.1 ml. (two drops) for 25 ml. or 25 grams].

 

12[Provided that in case of samples of ice-cream and mixed ice-cream, the preservative used shall be liquid commonly known as formalin, that is to say, a liquid containing about 40 percent. of formaldehyde in aqueous solution in the proportion of 0.6 ml. for 100 ml. or 100 gms.]

 

1.        Subs. by G.S.R. 425, dated 16th April, 1960 and G.S.R. 169, dated 11th February, 1961.

2.        Subs. by G.S.R. 205, dated 13th February, 1974.

3.        Subs. by G.S.R. 764 (E), dated 7th September. 1990 (w.e.f. 7th September, 1991).

4.        Subs. for the words “and gur” by G.S.R- 729 (E). dated 23rd August, 1990 (w.e.f. 23rd August, 1990).

5.        Subs. by Notifn.  No. G.S.R. 169, dated 2nd February, 1961.

6.        Ins. by G.S. R. 74, dated Ist December, 1965.

7.        Subs. by G.S.R. 1564, dated 17th November. 1962.

8.        Omitted by G.S.R. 579 (E) dated 4th August, 1995.

9.        Subs by G.S.R. 205. dated 16th February, 1974.

10.      Subs. by G.S.R. 764, dated 7th September, 1990 (w.e.f. 7th September, 1991).

11.      Subs. by G.S.R. 74, dated 31st December. 1965.

12.      Ins. by G.S.R. 579 (E). dated 4th August, 1995.

 

21.      Nature of 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.

 

1[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:

 

Article of food

Approximate quantity to be supplied

1         Milk

2[250 ml.]

2.        Ghee

150 grams.

3.        Butter

150 grams.

4.        Khoa

250grams.

5.        Dahi

200 grams

6.        Edible oils

125 grams

7.        Edible fats

125 grams

8.        Tea 

125 grams

9.        Atta

200 grams.

10.      Wheat flour

200 grams

11.      Gur

200 grams

12.      Cane sugar

200 grams.

13.      Honey

250 grams,

15.      Prepared food

500 grams

15.      3[Carbonated water

600 ml.]

16.      Vanaspati

500 grams.

17.      Spices  

150 grams

18.      Fruit and vegetable products jams    jellies and the like

300 grams.

19.      Pulses, cereals and the like

250 grams.

20.      Asafoefida                 

 

100grams    

   Compounded Asafoetida

200 grams

      

Article of food

Approximate quantity to be supplied

21.      Saffron

15 grams.

22.      Ice-cream and mixed ice-cream

4[300] grams.

5[22-A.Silver leaf (food) grade

1.gram.]

6[23.   Bread, toasts  

500 grams

24.  Biscuits, cakes, pastries and allied products

 

500 grams

25.  Toffee, chocolate, hard boiled sugar confectionery and allied articles of food   

300 grams.

 26.     Custard powder

250 grams

27.         Cornflakes

200 grams

7[28.       Infant Food  

500 grams.

28-A. Infant Milk Substitute

500 grams.]

29.      Prepared tea for saccharine

             and colour

250 ml.

30.       Besan (gram powder)

200 grams.

31.      Cream      

250 grams.

32.      8[Milk powder, skimmed milk powder, partly skimmed milk powder, malted milk food and such other powders containing milk as major  ingredient]

250 grams.

33.      Condensed milk

250 grams.

 34.     Curry powder

300 grams

35.      Cheese 

 200 grams.

36.      Syrup

250 grams

9[371.  Food (not specified)

10[500 grams.]

 

1.        Subs. by G.S.R. 1340, dated 24th October, 1961.

2.        Subs. by G.S.R. 550 (E), dated 4th July, 1985. for the figures and letters “220 ml.”

3.        Subs. by G.S.R. 74. dated 31st December, 1965.

4.        Subs. by G.S.R. 1533, dated 8th July, 1968.

5.        Ins. by G.S. R. 992, dated 4th June, 1971.

6.        Ins. by G.S.R. 205, dated 13th February, 1974.

7.        Subs. by G.S.R. 147 (E), dated 14th March, 1997 (w.e.f. 14th September, 1997).

8.        Subs. by G.S.R. 550 (E), dated 4th July, 1955 for the words “Dried milk”.

9.        Re-numbered as item 37 by G.S.R. 205, dated 23rd February, 1974 (w.e.f. 23rd May, 1974).

10.      Subs by G.S.R. 91 (E). dated 26th February, 1995.

 

1[22-A.Contents of one or more similar sealed containers having identical labels to constitute the quantity of a food sample :-Where food is sold or stocked for sale or for distribution in sealed containers having identical label declaration, the contents of one or more of such containers as may be required to satisfy the quantity prescribed in rule 22 shall be treated to be a part of the sample.]

 

1.        Ins. by G.S.R. 1564, dated 17th November, 1962.

 

1[22-B. quantity of sample sent to be considered as sufficient.-Notwithstanding anything contained in 2[rule 22 and rule 22-C] the quantity of sample sent for analysis shall be considered as sufficient unless the Public Analyst or the Director reports to the contrary.]

 

1.        Ins. by  G.S.R.775 (E),dated 27th December, 1977.

2.        Subs. by G.S.R. 382 (E), dated 10th July, 1997 (w.e.f. 10th July, 1997).

 

1[22-C. quantity of samples of food packaging material to be sent to the Public analyst.- The quantity of sample of food packaging  material to be sent to the Public Analyst/Director for analysis shall be as specified below:-

 

Name of food packaging material

Approximate quantity/surface are to be supplied

Food packaging material of plastic origin

8x1000x9 sq. cm. Surface area.”

 

 

1.         Ins. by G.S.R. 382 (E), dated 10th July, 1997 (w.e.f. 10th July, 1997).

 

PART VI

Colouring Matter

 

23.      Unauthorized addition of colouring matter prohibited:-The addition of a colouring to any article of food except as specifically permitted by these rules is prohibited.

 

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:

 

1[CONTAINS PERMITED COLOURS]

 

2[ *                 *      *             *        *            *            *         *    ]

 

1.        Subs. by G.S.R. 293 (E). dated 23rd March, 1985.

2.        Proviso omitted by ibid.

 

25.      Use of caramel permitted.-Notwithstanding the provisions of rule 24 1[and rule 32 (c)], caramel may be  used without label declaration.

 

1.        Ins. by G.S.R. 425, dated 16th April, 1960.

 

1[26.  Natural colouring matters which may be used._ 2[Except as otherwise provided in the rules the following natural] colouring principles whether isolated from natural colours or produced synthetically may be used in or upon any article of food

 

(a)       3[        *              *              *                      *                  *     ]

 

4[(b) (i)    Beta-carotene;

 

(ii)    Beta-apo 8...........carotenal;

 

(iii)    Methyl ester of Beta-apo 1’ carotenoic acid,

 

(iv)    Ethyester of Beta-apo 8’ carotenoic acid,

 

(v)    Canthaxanthin;)]

 

(c)       Chlorophyll;

 

(d)       5[Riboflavin (Lactoflavin).]

 

(e)       Caramel.

 

(f)       Annatto.

 

(g)       6[* * *]

 

(h)       Saffron..

 

(i)     Curumin 7[or turmeric.

      

8[Explanation:-In the preparation of the solution of annatto colour in oil, any edible vegetable oil listed in Appendix B to these rules may be used either singly or in combination and the name of the oil or oils used shall be mentioned on the label as provided in sub-rule (z) of rule 42.]

 

1.        Subs. by S.R.O. 2755, dated 20th November. 1956

2.        Subs. by G.S.R. 425, dated 16th April, 1960.

3.        Omitted by G.S.R. 992, dated 4th June, 1971.

4.        Subs. by G.S.R. 938, dated 16th May, 1971.

5.        Subs. by G.S.R. 1533, dated 8th July, 1968.

6.        Clause (g) Omitted by G.S.R.  764 (E), dated 15th November , 1894.

7.        Added by G.S.R. 1533, dated 8th July 1968.

8.        Subs. by G.S.R. 764 (E), dated 15th November, 1984 (w.e.f. 15th November 1985).

 

27.      Addition of inorganic colouring matters and pigments prohibited.-Inorganic colouring matters and pigments shall not be added to any article of food;

 

1[Provided that chewing gum may contain Titanium dioxide (food grade) up to maximum limit of I percent]

 

1.        Added by G.S.R. 55 (E) published in the Gazette, of India, Extraordinary, Pt.II, dated 31st January, 1979.

 

1[28.  2[Synthetic, food colours] which may be used.-No 2[synthetic food colours] or a mixture thereof except the following shall be  used in food:

 

 

3[ *        *                 *                          *                 ]

 

Sl. No

Colour

Common  name

Colours       Index (1956) 

Chemical     Class

1

Red

Ponceau 4 R Carmoisine    Fast Red Amaranth      Erythrosine

16255       14720          16045          16185          45430

Azo                Azo                Azo                 Azo         Xanthenes

2.

Yellow

Tartrazine     Sun-set yellow

19140       15985

Pyrazolone    Azo

3

Blue

Indigo Carmine 4[Brilliant Blue FCF

73015        42090 

Indigoid Triarylmethane

4.

Green

Green S        Fast Green FCF

44090         42059

Triarylmethane Triarylmethanel

                        

1.         Subs. by G.S.R. 133. dated 23rd January,1973.

2.        Subs. by G.S.R. 304 (E), dated 14th June, 1997 (w.e.f 4th June, 1997).

3.        Omitted by G.S.R. 727 (E). dated 23rd August. 1990 (w.e.f. 23rd August. 1991).

4.        Added by G.S.R. 55 (E) published in the Gazette, of India, Extraordinary, Pt.II, dated 31st January, 1979.

 

1[29.  Use of permitted synthetic food colours prohibited.- Use of permitted synthetic food colours in or upon any food other than those enumerated below is prohibited :-

 

(a)       Ice-cream, milk lollies, frozen dessert, flavoured milk, yoghurt, ice-cream mix-powder;

 

(b)       Biscuits including biscuit wafer, pastries, cakes confectionery, thread candies, sweets, savouries (dalmoth, mongia, phululab, sago papad, dal biji only) ;

 

(c)       Peas, strawberries and cherries in hermetically scaled containers, preserved or processed papaya, canned tomato juice, fruit syrup, fruit squash, fruit cordial, jellies, jam, marmalade, candied crystallized or glazed fruits :

 

(d)       Non-alcoholic carbonated and non-carbonated ready to serve synthetic beverages including synthetic syrups, sherbets. fruit bar, fruit beverages, fruit drinks, synthetic soft-drink concentrates

 

(e)       Custard powder;

 

(f)       Jelly crystal and ice-candy

 

(g)       Flavouring agents and soup powder (for the period up to and inclusive of 31st December, 1977).]

 

1.        Subs. by G.S.R. 304 (E), dated 4th June, 1997 (w.e.f. 4th June, 1997).

 

1[30.  Maximum limit of permitted synthetic food colours.-The maximum limit of permitted synthetic food colours or mixture thereof which may be added to any food article enumerated in rule 29 shall not exceed 100 parts per million of the final food or beverage for consumption, except in case of food articles mentioned in Cl. (c) of rule 29 where the maximum limit of permitted synthetic food colours shall not exceed 200 parts per million of the final food or beverage for consumption.]

 

1.        Subs. by G.S.R. 304 (E), dated 4th June, 1997 (w.e.f. 4th June, 1997).

 

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

 

1[32.  Package of food to carry a label.-Every package of food shall carry a label and unless otherwise provided in these rules, there shall be specified on every label:

 

(a)       The name, trade name or description of food contained in the package:

 

(b)       The names of ingredients used in the product in descending order or their composition by weight or volume as the case may be:

 

Provided that in the case of artificial flavouring substances, the label may not declare chemical names of the flavours, but in the case of natural flavouring substances or nature-identical flavouring substances, the common name of flavours shall be mentioned on the label.

 

2[Provided also that whenever gelatine is used as an ingredient, a declaration to this effect shall be made on the label by inserting the word “Gelatine-Animal Origin.”

 

In case of packages of confectionery weighing 20 gm. or less, which are also exempted from the declaration of ingredients, will be exempted from the declaration of “Animal Origin” even if it contains gelatine provided that such declaration shall be given on the multi-piece package in such a manner that the same is readable even without opening the package.]

 

NOTE.-A specific name shall be used for ingredients in the list of ingredients except that-

 

(i)        For ingredients falling in the respective classes, the following class titles may be used, namely: edible fats, edible oil, spice and condiments, edible starches (except modified starches), vitamins and minerals, salts. However in the case of curry powder or mixed masala whole or other such masala containing spices, either whole or powdered as major ingredient, the names of spices used in the product be mentioned on the label in descending order of their composition by weight..”

 

(ii)       For substances falling in the respective classes and appearing in the list of food additives permitted for use in foods generally, the following class titles as may be used, namely anti-oxidants, anti-caking agents, flavour improvers, sequestering and buffering agents, bleaching agents, emulsifying and stabilising agents, anti-loaning agents, preservatives, colours, flavours. vitamins, minerals and edible gums.

 

(c)       The name and complete address of the manufacturer or importer or vendor or packer,

 

(d)       The net weight or number or measure of volume of content, as the circumstances may require, except in the case of biscuits, breads, confectionery and sweets where the weight may be expressed in terms of either average net weight or minimum net weight.

 

NOTE.-In declaring the net quantity of the commodity contained in the package, the weight of the wrappers and materials other than commodity shall be excluded:

 

Provided that where a package contains a large number of small items of confectionery each of which is separately wrapped and it is not reasonably practicable to exclude from the net weight of the commodity, the weight of such immediate wrappers of all the items of the confectionery contained in the package, the net weight declared on the package, containing such confectionery or on the label thereof may include the weight of such immediate wrapper if, and only if the total weight of such immediate wrapper does not exceed-

 

(i)        8 percent. where such immediate wrapper is a waxed paper or any other paper with wax or aluminum foil under strip or

 

(ii)       6 percent. in the case of any other paper, of the total net weight of all the items of confectionery contained in the package minus the weight of immediate wrapper;

 

(e)       A distinctive batch  number or lot number or code number, either in numerical or alphabets or in combination, the numerical or alphabets or their combination, representing the batch number or lot number or “Lot” or any distinguishing prefix:

 

Provided that in case of canned food, the batch number may be given at the bottom, or on the lid of the container, but the words “batch number” given at the bottom or on the lid, shall appear on the body of’ the container.

 

 

(f)       The  month and year in which the commodity is manufactured or prepacked:

 

Provided that in the ease of  package weighing 20g. or less and liquid products marketed in bottles which are recycled for refilling, particulars under Cl. (b), need not be specified :

 

Provided further also that such declaration shall be given on the label of multipiece package either on the label of multipiece package or in a separate slip inside fifth multipiece package in such mariner that the same is readable even without opening the package :

 

Provided also that in case of carbonated water containers and the packages of’ biscuits, confectionery and sweets, containing more than 60 g. but not more than 120 g. and food packages weighing not more than 60 g. particulars under Cls. (d) and (e) need not be specified:

 

Provided also that in case of package containing bread and milk including sterilised milk, particulars under Cl. (e) need not be specified:

 

Provided also that no declaration as to the month and year in which the commodity is manufactured or prepacked shall be required to be made on :

 

(i)        Any bottle or package containing liquid milk, liquid beverage having milk as an ingredient, soft drink, ready-to-serve fruit beverages or the like which is returnable by the consumers for refilling except in ease of’ sterilised or ‘UHT’ milk, where date and month of packing shall be mentioned,

 

(ii)        Any package, containing bread and any uncanned package of (a) vegetables, (b)fruits,(c) ice-cream,(d),butter, (e) cheese, (f) fish. (g) meat or (h) any other like commodity,

 

(iii)        Any package of food where the net weight or measure of the commodity is 20 g. or 20 ml. or less is sold by weight or measure.

 

Explanation. I----The term “label” means a display of written, marked, graphic, printed, perforated, stencilled, embossed or stamped matter upon the container, cover, lid, or crown of any food package.

 

Explanation II.- “Complete address” means in the case of a company, the address at which its registered office is situated and, in any other case, tire name of the street number (if any) assigned to the premises of the manufacturer or packer and either the name of the city and State where the business is carried on by the manufacturer or packer or the pin code.  For the purpose of this explanation, shorter address registered under rule 36 of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, shall also be treated as complete address.

 

Explanation III.-For the purpose of declaration of month and year of manufacture, the provision under rule 6 (B) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, shall apply.

 

Explanation IV.-A Batch Number or Code Number or Lot Number is a mark of identification by which the food can be traced in manufacture and identified in distribution.

 

Explanation V.-“Multipiece package” means a package containing two or more individually packaged or labelled pieces of the same commodity of identical quantity. intended for retail either in individual places or packages as a whole.1

 

3[(g)    The date of expiry in case of packages of aspartame which shall  not be more than three years from the date of packing,]

 

4[(h)    The purpose of’ irradiation and licence number in case of’ irradiated food.]

 

1.         Subs. by G.S.R. 422 (E), dated 29th April, 1987 (w.e.f. 29th April, 1989).

2.        Ins. by G.S.R. 41 (E), dated 29th January, 1997 (w.e.f after one year from 29th January, 1998).

3 .       Subs. by G.S.R. 578 (E). dated 4th August, 1995.

4.        Ins. by G.S.R. 612 (E), dated 9th August, 1994.

 

1[32-A.Nutritional food.-The food claimed to be enriched with nutrients, such as, minerals, proteins or vitamins shall give the quantities of such added nutrients on the label.]

 

1.        Ins. by G.S.R. 63 (E), dated 5th February. 1976 (w.e.f. 5th August, 1976).

 

1[33.    Language of the particulars or declaration of the label :-The particulars of declaration required under these rules to be specified on the label shall be in English or Hindi in Devnagri script:

 

Provided that nothing herein contained shall prevent the use of any other language in addition to the language required under this rule.]

 

1.      Subs. by S.R.O. 2755, dated 24th November, 1956.

 

34.      Declaration to be surrounded by line.-There shall be a surrounding line enclosing the declaration and where the words 1[“unsuitable for babies”] are required to be used there shall be another such line enclosing these words.

 

1.        Subs. by G.S.R. 169, dated 2nd February, 1961.

 

35.      Distance of surrounding line.-The distance between any part of the words 1[“unsuitable for babies”] surrounding the line enclosing these words shall’ not be less than 2[1.5 mm.]

 

1.        S. Sundaram Pittabiraman, A.I.R. 1985 S.C. 582 at P. 591.

2.        Subs. by G.S. R. 1340, dated 24th October, 1961.

 

1[36.  Size of types used for declaration.-The types used for declaration shall be of such dimension that it shall be conspicuous to a reader and shall not be in any case less than 3 mm. in height. The word synthetic” whenever it is used shall be of the same size as used for the name of the product] :

 

2[Provided that the height of the types used in the declaration having an area not greater than 25 square centimeters, shall not be less than 1.0 mm]

 

1.        Subs. by G.S.R. 992, dated 4th June, 1971.

2.        Added by G.S.R. 283 (E). dated 26th March, 1983 (w.e.f. 26th March, 1983).

 

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 :

 

1[Provided that this rule shall not apply in respect of established trade or fancy names of confectionery, biscuit and sweets, such as, barley, sugar, bull’s ice-cream cracker or in respect of aerated waters, such as, ginger beer or gold-spot or any other name in existence in international trade practice.]

 

1.        Added by S.R.O. 2755, dated 24th November, 1956.

 

1[37-A.Manufacture of proprietary foods and infant foods.-

 

(1)       An article of 2[infant milk substitutes/infant food] whose standards are not prescribed in “Appendix B” shall be manufactured for sale, exhibited for sale or stored for sale only after obtaining the approval of such article of food and its label from Government of India.

 

3[(2)    In case of proprietary foods, the name of the food or category under which it falls in these rules shall be mentioned on the label].

 

Explanation-For the purpose of this rule.

 

4[(a) * * * ]

 

1[(aa) *     *       *      *      *        *      *        *      *        ]

 

(b)       “Proprietary food” means a food which has been standardized  under the Prevention of Food Adulteration Rules, 1955].

 

1.        Subs. by G.S.R. 500 (E), dated 9th July, 1984.

2.         Subs by G.S.R. 147 (E), dated 14th March, 1997 (w.e.f 14th September, 1997).

3.        Subs. by G.S.R. 422 (E), dated 24th April , 1987 (w-e. f. 29th April, 1989).

4.        Omitted by G.S.R 147 (E), dated 14th March, 1997 (w.e.f 4th September, 1997).

 

1[37-B.   Labeling of infant milk substitute and infant food.-

 

(1)       Without prejudice to any other provisions relating to labelling requirements contained in these rules, every container of infant milk substitute or infant food or any label affixed thereto shall indicate in a clear, conspicuous and in an easily readable manner, the words “IMPORTANT NOTICE” in capital letters and indicating thereunder the following particulars,. namely:-

 

(a)       A statement “MOTHER’S MILK IS BEST FOR YOUR BABY” in capital letters.  The types of letters used shall not be less than five millimeters and the text of such statement shall be in the Central Panel of every container of infant milk substitute or infant food or any label affixed thereto. The colour of the text printed or used shall be different from that of the background of the label, container of the advertisement, as the case may be.  In case of infant food, a statement indicating “infant food shall be introduced only after four months of age” shall also be given ;

 

(b)       A statement that infant milk substitute or infant food should be used only on the advice of a health worker as to the need for its use and the proper method of its use ;

 

(c)       A warning that infant milk substitute or infant food is not the sole source of nourishment of an infant;

 

 (d)      A statement indicating the process of manufacture (spray or roller dried) except in ease of infant foods, instruction for appropriate and hygienic preparation including cleaning of utensils, bottles and teats and warning against health hazards of inappropriate preparations, as under :

 

“Warning/Caution Careful and hygienic preparation of infant foods/infant milk substitute is most essential for health .Do not use fewer scoops than directed since diluted feeding will not provide adequate nutrients needed by your infant. Do not use more scoops than directed since concentrated food will not provide the water needed by your infant” ;

 

(e)       The approximate composition of nutrients per 100 gms. of the product including its energy value in Kilo Calories/Joules ;

 

(f)       The storage conditions specially stating “store in a cool and dry place in an air tight container” or the like;

 

(g)       The feeding chart and directions for use and instruction for discarding left-over feed ;

 

(h)       Instruction for use of measuring scoop (level or heaped) and the quantity per scoop (scoop to be given with pack);

 

(i)        Indicating the Batch No., Month and Year of its manufacture and month and year before which it is to be consumed :

 

(j)        The protein efficiency ratio (PER) which shall be minimum 2.5 if the product other than infant milk substitute is claimed to have higher quality protein.

 

(2)       No container or label referred to in sub-rule (1) relating to infant milk substitute and any advertisement relating thereto shall have a picture of infant or woman or both.  It shall not have picture or other graphic materials or phrases designed to increase the sale ability of the infant milk substitute.  The terms “Humanised” or “Maternalised” or any other similar words shall not be used.  The package and/or the label and/or the advertisement of infant foods/infant milk substitute shall not exhibit the words “Full Protein Food”, “Complete!  Food” or “Health Food”, or any other similar expression.

 

(3)       The containers of infant milk substitute meant for low birth weight infant less than 2500 gm) or labels affixed thereto shall indicate the following  additional information, namely :-

 

(a)       The words “LOW BIRTH WEIGHT (LESS THAN 2.5 KG)” in capital letters along with the product name in central panel ;

 

(b)       A statement “the low birth weight infant milk substitute shall be withdrawn under medical advice as soon as the mother’s milk is sufficiently available”; and

 

(c)       A statement “TO BE TAKEN UNDER MEDICAL ADVICE” in capital letters.

 

(4)       The product which contains neither milk nor any milk derivatives shall be labelled “contains no milk or milk product” in conspicuous manner.

 

 

(5)       The container of infant milk substitute for lactose intolerant infants or label affixed thereto shall indicate conspicuously “LACTOSE FREE” in capital letter and statement “TO BE TAKEN UNDER MEDICAL ADVICE”.]

 

1.        Ins. By G.S.R. 147 (E), dated 14th March, 1997 (w.e.f. 14th September, 1997).

 

1[37-C. Labelling of Irradiated Food.-The labelling of prepacked irradiated food shall be in accordance with the provisions of rule 32 and rule 42 of the Prevention of Food Adulteration Rules, 1955, and the provisions of’ the Atomic Energy (Control of Irradiation of Food) Rules, 1991, under the Atomic Energy Act, 1962 (Act 33 of 1962).]

 

1.        Ins. by G.S.R. 614 (E), dated 9th August, 1994.

 

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.

 

39.       Labels not to use words implying recommendations 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.1[or approved for medical purpose].

 

1.        Added by G.S.R. 41 (E), dated 29th January, 1997 (w.e.f. 29th January, 1997).

 

1[40.  Unauthorized use of words showing imitation prohibited.

 

(1)       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 o f the said word or words is specifically permitted under these rules. 14

 

2(2)     Any 3(fruit syrup,] fruit juice, fruit squash, fruit beverage or cordial or crush, which does not contain the prescribed amount of fruit juice, shall not be described as a fruit syrup, fruit juice, fruit squash, fruit beverage or cordial, or crush, as the case may be, and shall be described as a synthetic product.  Every synthetic product shall be clearly and conspicuously marked on the label as “synthetic” and no container containing such product shall have a label, whether attached thereto or printed on the wrapper of such container, or otherwise, which may lead the consumer into believing that it is a fruit product.  Neither the word’ fruit’ shall be used in describing such a product nor shall it be sold under the cover of a label which carries picture of any fruit. 4[* * *]

 

Carbonated water containing no fruit juice or pulp shall not have a label which leads the consumer into believing that it is a fruit product.]

 

5[(3)    Any fruit and vegetable product alleged to be fortified with vitamin C shall contain not less than 40 mgm. of ascorbic acid per 100 mgm. of the product.]

 

1.        Amended by S.R.O. 2775, dated 24th November, 1956, G.S.R. 1211, dated 20th December, 1958 and G.S.R. 169. dated 2nd February, 1961.

2.        Subs. by G.S. R. 1533, dated 8th July, 1968.

3.        Subs. by G.S.R. 1211, dated 9th December, 1958.

4.        The words “The product containing added natural flavour shall be labelled as “CONTAINS ADDER) FLAVOUR” whereas the product containing synthetic flavour, shall be labelled as “ARTIFICIALLY FLAVOURED” omitted by G.S.R. 293 (E), dated 23rd March, 1985.

5.         Ins. by G.S.R. 992, dated 4th June, 1971.

 

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.

 

42.                      Form of labels.-

 

(A)                       Coffee chicory mixture.----- 1[(i)  * * *  ]

 

 

COFFEE BLENDED WITH CHICORY

This mixture contains

Coffee..…………….  percent.

Chicory.……………  percent.

 

2[(ii)[   *           *            *           *           *            ]

 

3[(iii)[  *        *             *           *            *              ]

 

4[(iv)   Every package containing Instant Coffee-chicory mixture shall have affixed to it is a label upon which shall be printed in the following declarations :

 

Instant Coffee-Chicory mixture  made from blends of Coffee and Chicory

 

Coffee                 ……..           percent.

Chicory                ……..          percent.]

 

 

(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:

            

5[(a)    In the case of condensed milk (unsweetened).

 

 

CONDENSED MILK UNSVVEETENED

(Evaporated Skimmed Milk)

 

This tin contains the equivalent of’(x) 6[liters of     toned milk]

 

 

(b)                                   In the case of condensed milk (sweetened)

 

CONDENSED MILK SWEETENED

 This tin contains the equivalent of  (x)

 [ liters toned milk] with sugar added.

 

(c)                                   In the case of condensed skimmed milk (unsweetened)

 

CONDENSED SKIMMED MILK SKIMMED UNSWEETENED

 (Evaporated Milk)

 This Tin contains the equivalent of (x)

 

     liters of skimmed milk

 

(d)       In the case of condensed skimmed milk (sweetened)

 

CONDENSED SKIMMED MILK SWEETENED

 

  This tin contains the equivalent of (x) .... litres

   of skimmed milk with sugar added.

 

7[(dd) In the case of condensed milk (sweetened and flavoured).

 

This has been flavoured with

NOT TO BE USED FOR INFANTS BELOW SIX MONTHS]

 

 

 

           

8[(ddd)In the case of condensed milk/condensed skimmed milk

(unsweetened) sterilised by Ultra High Temperature (UHT) treatment:

 

This has been sterilised by

 

UHT Process]

 

 

(e)       In the case of milk powder:

 

 

MILK POWDER

 

This tin contains the equivalent of  (x)…

9[litres of toned milk]

 

10[(ee) In the case of milk powder which contains lecithin;

 

MILK POWDERED IN THIS PAKAGE CONTAINS LECITHINS

 

 

(f)                                 In the case of partly skimmed milk powder:

 

PARTLY SKIMMED MILK POWDER

This tin contains the equivalent of (x) .... liters

of partly skimmed milk having …….percent. milk fat.

                 

 

(g)                                   In the case of skimmed milk powder:

 

SKIMMED MILK POWDER

This Tin contains the equivalents of  (x)........  litres

              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 a hall- (1 1/2)” any traction being expressed as eighth, quarters or a half, as the case may be.11[* * *]

 

12[(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 “unsuitable for babies”, except instructions as to dilution as follows :

 

 

“To make a fluid not below the composition of 13[toned milk] or skimmed milk  14[* * *] (as the case may be) with the contents of volume  to one part by volume of this condensed milk or desiccated (dried) milk.”

 

15“[Sweetened condensed milk and other similar products which are not suitable for infant feeding shall not contain any instruction of’ modifying them for infant feeding.]

 

(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.

 

16[(C) Fluid milk.-The caps of the milk bottles shall clearly indicate the nature of the milk contained in them.  The indication may be either in full or by abbreviation shown below:

 

(i)        Buffalo milk may be denoted by the letter “B”

 

(ii)       Cow milk may be denoted by the letter “C”

 

(iii)      Goat milk may be denoted by the letter “G”

 

(iv)      Standardized milk may be noted by the letter “S”

 

(v)        Toned milk may be denoted by letter “T”

 

(vi)      Double-toned milk may be denoted by the letters “DT”

 

(vii)     Skimmed milk may be denoted by the letter “K”

 

(viii)    Pasteurized milk i-nay be denoted by the letter “P” followed by the class- of milk. For example, pasteurized buffalo milk shall bear the letters “PB,] 17[alternatively colours of the caps of the milk bottles shall be indicative of the nature of milk contained in them, the classification of colours being displayed at places where milk is sold/stored or exhibited for sale, provided that the same had been simultaneously intimated to the concerned Local (Health) Authority .Other media or information like press may also be utilized.

 

18[(D)] 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 vehicle, 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 manufacturers, if any, legibly and conspicuously displayed on the stall, vehicle or container, as the case may be.

 

19[20[(E) Hingra-Every container containing Hingra shall bear a label upon which is printed a declaration in the following form namely:

 

“This container contains Hingra (Imported) from Iran /Afghanistan and is certified to be conforming to the standards laid down in the Prevention of Food Adulteration Rules, 1955”.]

 

21[F]    Light Black Pepper.-Every package containing light black pepper shall bear the following label in addition to the Agmark seal and the requirements prescribed under rule 32 :

 

Light Black Pepper (Light berries).]

 

 

 

22[23[(G Every package containing “Cassia Bark” shall bear the following label:

 

CASSIA BARK (TAJ)]

 

 

 

24[(GG) Every package containing “Cinnamon” shall bear the following label:

 

CINNAMON (DALCHINI)

 

 

(H))    Every package of chillies which contains added edible oil shall bear the following label

 

 

CHILLES IN THIS PACKAGE

 

CONTAINS AN ADMIXTURE OF NOT

MORE THAN 2 PERCENT. OF

 

              (Name of Oil,) Edible Oil..

 

 

25[(I) *       *          *                *             *                   *]

 

(j)        Every package of ice-creams kulfi, kulfa, and chocolate ice-cream containing starch shall have a declaration on a label as specified in sub-rule (2) of rule 43.

 

 

(k)       Partly skimmed milk Powder (sour) used by industry like bakery, containing sodium bicarbonate as a neutralizer shall have a label declaration as “UNFIT FOR DIRECT CONSUMPTION”].

 

(L)             Masala. - 26[Every package of mixed masala fried in oil shall bear the following label].

 

 

MIXED MASALA ( FRIED )

The masala has been fried in

 

……………………………

(Name of the edible oil used)]

 

 

27[(M) Compound Asafoetida.—every container of compounded asafetida shall indicate the approximate consumption of edible starch or edible starch or cereal flour  used in the compound ,on the label.]

 

28[(N) Every package containing maida treated with improver or bleaching agents shall carry the following label, namely: shall carry the following label, namely:                      

 

 

“WHEAT FLOUR TREATED WITH IMPROVER/ BLEACHING

 

   AGENTS TO BE USED BY BAKERIES ONLY.”

 

 

29[(O) Every package containing an admixture of palmolein with groundnut oil shall  carry the following label namely:

 

 

BLEND OF POLMOLEIN AND GROUNDNUT OIL

Palmolein…………….Percent.

Groundnut ……………..oil Percent.]

 

 

30[(P)  Every package containing an admixture of imported rape-seed oil with mustard oil, shall carry the following label,  namely:

 

BLEND OF IMPORTED RAPE- SEED OIL AND MUSTARD OIL

 

 

Imported rape-seed oil………………Percent.

 

Mustard Oil…………………..Percent.

 

31[(Q) Every package of 32[synthetic food colour] preparation and mixture shall bear a label upon which is printed a declaration giving the percentage of total dye content.]

 

33[(R)  Unless otherwise provided in these rules ,every package of malted milk food which contains added natural matter except caramal, shall bear the following label;

 

MALTED MILK FOOD IN THIS PACKAGE CONTAINS PERMITTED NATURAL COLOURNG MATTER

 

34[S)   Every advertisement for and/ on a package of food containing added Monosodium Glutamate shall carry the following declaration, namely :

 

This package....... (name of food) contains added MONOSODIUM

GLUTAMATE, 35[NOT RECOMMENDED FOR INFANTS BELOW 12

MONTHS]

          

36[(T) Every container or  refined salseed Fat shall bear the following label, namely:

 

 

REFINED SALSEED FAT

 

FOR USE IN BAKERY AND CONFECTIONERY ONLY

 

37[(U)   *                   *                   *                   *                     *]

38[(V)  Every container or package of table salt or iron fortified common salt containing aluminum  silicate as anti-caking agent shall bear the following label namely:

 

“TABLE, SALT/ IRON FORTIFIED COMMON SALT”‘

 

Contains permitted anticaking agent

 

 Strike out whichever  is not applicable

 

(VV)    Every container or package of iron fortified common salt shall bear the following label, namely:

 

 

“IRON FORTIFIED COMMON SALT”.]

 

 

39[ W)   Every container of refined vegetable oil shall bear the following label, namely:

 

“REFINED (NAME OF THE OIL,”)

 

 

Provided that the container of imported edible oil shall also bear the word “IMPORTED”, as [prefix.]

 

40[(X) Every package of the Dried Glucose Syrup containing sulphur dioxide exceeding 40 ppm] shall bear the following label, namely:

 

 

   DRIED GLUCOSE SYRUP

 

FOR USE IN SUGAR CONFECTIONERY ONLY

41[(Y) A package containing tea with added flavour for export shall bear the following label, namely:

 

Tea with (Name of flavour)

FOR EXPORT ONLY

Licence No.......................... ]

 

42[(YY)A package containing tea with added flavour shall bear the following  label. namely:

 

   FLAVOURED TEA

 

 

(Common name of permitted flavour/percentage Registration No.)]

 

43[(Z)  A package containing annatto colour vegetable oils shall bear the following label, namely:

 

 

ANNATTMO COLOUR IN OIL

 (Name of oil/oils used]

 

44[(ZZ) Every package containing an admixture of edible oils shall carry the following label, namely:-

 

This blended edible vegetable oil contains an admixture of.-

 

(i)        ………………………% by weight.

 

(ii)       ………………………….% by weight.

 

(Name and nature of edible vegetable oils, i.e. in raw or refined form).(Date of packing )]

 

45[(ZZZ) Every package of chewing tobacco shall bear the following label namely:

 

 

“Chewing of tobacco is injurious to health”]-

 

 

 

46[(ZZZ)

 (1) :-Every package of food which is permitted to contain artificial sweetener mentioned in table given in 47[rule 47, and an advertisement for such food] shall carry the following label, namely: This (name of food) contains (name of artificial sweetener)

 

48[(ZZZ)

(2):--- 49[(2) Every package of Aspertaime (Methyl ester).  Acesulfame-K and Saccharine Sodium marketed as Table Too Sweetener and every package of carbonated water/synthetic soft drink concentrate containing either of these artificial sweeteners and every advertisement for such Table Top Sweetener or such carbonated water/synthetic soft drink concentrate shall carry the following label, namely:

 

 

Contains (name of artificial sweetener)

 

Not recommended for Children” :

 

 

Provided that the package of aspartame (Methyl ester) marked as Table Top Sweetener and every package of food containing Aspertaime, and the advertisement for such Table Top sweetener and Food shall also carry the following label, namely:

          

“Not for Phenylketoneurics’.)

 

 

48[(ZZZ)

(3):-Every package of Pan Masala and advertisement relating thereto, shall carry the following warning, namely:

 

“Chewing of Pan Masala may be injurious to  health”.]

 

 

 

 

50[(ZZZ)

 (4):-    Every package of vanaspati made from more than 30 percent. of Rice bran oil shall bear the following label, namely:

 

 

“30 percent.  Rice bran. Oil by weight”

 

package of vanaspati is made from more than

 

 

 

 (ZZZ)

(5):-     Every package containing Fat Spread shall carry following, namely:

 

(i) Milk Fat spread

Use of  before

Date of packing ..........

       

Percent. By weight...........

Total Milk fat content……………..

 

 

(ii) Mixed Fat Spread Use before

 

Date of packing……………

Percent. by weight…………

Milk Fat Content by weight……..

 

   Milk fat content …………

 

Percent by weight …………

 

Total Fat content………….

 

 

(iii.)Vegetable Fat Spread]

 

Use before……….

Date of packing ………..

Percent. by weight………..

Total Fat Content………

 

 

 

 51[( ZZZ)

 

(6).__ Every package of supari and advertisement relating there to shall carry the following warning in conspicuous and bold print. Namely:

 

“Chewing of supari is injurious to health.]

 

 

52[(ZZZ)

 (7).-   All packages of irradiated food shall bear the following declaration and logo, namely:

 

 

Processed by Irradiation method

Date of irradiation………….

Licence No……………….

Purpose of Irradiation………]

 

53[(8) Every  package of  cheese  (hard), surface treated with Natamycin, shall bear the following label, namely:-

 

Surface treated with Natamycin-I

 

 

54[(ZZZ)

 (9)      Every package of fruit Squash by whatever name it is sold, containing additional sodium or potassium salt shall bear the following label, namely,-

 

 

IT CONTAINS ADDITIONAL SODIUM / POTASSIUM  SALT

 

 55[“ ZZZ

(10)    Every package of Bakery and Industrial Margarine made from more than 30 percent. of Rice Bran Oil shall bear the following label, namely:-

 

This package of Bakery & Industrial Margarine is made from more than 30 percent. Of Rice Bran Oil by Wt.”.]

 

 

 

1.        Omitted by G.S.R. 422 (E), dated 29th April, 1987.

2.        Omitted by S.R.O. 2755, dated 25th November, 1956.

3.        Food Inspector. Cochin Corpn. v. pinchaya Konar, Prameshwaran, (1975) 2F.AJ. 393 at pp. 395, 396 (ker.).

4.        Ins. by G.S.R. 917 (E), dated 17th November, 1987 (w.e.f. 17th February, 1988).

5.        Subs. by G.S.R. 1536, published in the Gazette o India.  Pt. II, Sec. 3 (i) dated 24th August, 1968.

6.        Subs. by G.S.R. 10 (E). dated 7th January, 1991 (to be effective after six months from 7th January, 1991).

 

7.        Ins. by G.S.R. 55 (E), dated 31st January, 1979.

8.        Ins. by G.S.R. 223 (E), dated 20th May, 1996 (w.e.f 20th November, 1996).

9.        Subs. by G.S.R. 10 (E), dated Title January, 1991 (to he effective after six months front 7th January, 1991).

10.      Subs. by G.S.R. 55 (E). dated  3Ist January, 1979.

11.      Omitted by G.S.R. 10 (E). dated 7th January, 1991 (to be effective after six months from 7th January, 1991)

12.      Amended by G.S. R. 1340, dated 4th November, 1961.

13.      Subs. By G.S.R. 10(E), dated of 7th January, 1991 (to be effective after six months from 7th January, 1991).

14.      Omitted by S.R.O. 2755, dated 20th November, 1956.

15.      Ins. by G.S.R. 257 (E), dated 3rd May, 1991 (w.e.f. 3rd November, 1991).

16.      Added by G.S.R. 938, dated 26th May, 1971.

17.      Ins. by G.S.R. 243 dated 15th February, 1980, published in the Gazette of India Extraordinary, Pt. II, Sec. 3 (i) dated 1st March, 19980.

18.      Sub-rules “(c)” and “(d) re-numbered ad “D” and “(E)” by G.S.R. 938, dated 26th May, 1971.

19.      Ins. by G.S.R. 1256, dated 17th August, 1967.

20.      Omitted by S.R.O. 2755, dated 20th November, 1956.

21.             Re-numbered by G.S.R. 938. dated 26th May, 1971.

22.             22. Ins. by ibid.

23.      Renumbered by ibid.

24.      Ins. by G.S.R. 205, dated 13th February, 1974.

25.      Sub-rule, as amended by G.S.R. 109 (E), dated 26th February, 1983, viz.  “(1) Every package of curry powder shall bear a label upon which is printed a declaration giving (* * *) the names of species in descending order of composition on wt/wt. basis” or omitted by C,.  S. R . 422 (E) dated 29th April, 1987 (w.e.f. 29th April, 1988).

26.      Subs by ibid,(w.e.f. 29th April,1989); for the words “every package of mixed masala shall bear a label specifying ingredients of products in descending orders by weight” inserted by G.S.R. 63 (E), dated 15th Feb, 1976 and the words “ if mixed masala is fried in oil ,shall bear following label”, subsequently inserted by G.S.R 109 (E),dated 26th Feb, 1963.

27.      Subs by G.S.R. 55 (E), dated 31st January, 1979.

28.      Ins. By G.S.R. 1417, dated 20th December, 1976, published in the Gazette of India. Pt. II, dated 2nd oct,1976.

29.      Ins.  By G.S.R.. 651 (E) dated 22nd Oct, 1977.

30.      Ins. by G.S.R.732 (E) ,dated 5th December,1977.         

31.      Ins. By G.S.R. 393 (E), dated 4th August,19788.      

32.       Subs. By G.S.R.304 (E),dated 4th June,1997 (w.e.f. 4TH June,1997).

33.      Ins. by G.S.R. 55 (E), dated 4th June, 1997 (w.e.f. 4th June,  1997).

34.      Subs. by G.S.R. 101 (E). dated 18th February, 1992 (w.e.f. 18tb August, 1992).

35.      Subs. by G.S.R. 121 (E), dated I Ith March 1996 (w.e.f. 11th September, 1996).  Ins. by G.S.R. 19 (E), dated 28th January, 1980.

36.      Ins. G.S.R. 19 (E), dated 28 th January, 1980.

37.      Omitted by G.S.R. 101 (E), dated 18th January, 1992 (w.e.f. 18th August, 1992).

38.      Subs by G.S.R. 11 (E), dated 4th, January, 1985.

39.      Ins. by G.S.R. 44 (E), dated the 5th February, 1982 (w.e.f. 4th August, 1982).

40.      Ins. by G.S.R. 57 (E). dated 11th February, 1982 (w.e.f. 10th February, 1982).

41.      Ins. by G.S.R. 848 (E), dated the 19th November, 1983.

42.       Ins. by G.S. R. 847 (E), dated 7th December, 1994.

43.      Ins. by G.S.R. 764 (E), dated 15th November, 1984.

44.      Subs. by G.S.R. 91 (E), dated 7th February, 1992 (w.e.f. 7th February, 1992).

45.      Ins. by G.S.R. 852 (E), dated 13th June, 1986 (w.e.f. 13th December, 1986),

46.      Added by G.S.R. 454 (E), dated 15th April, 1988 (w.e.f. 15th April, 1988).

47.      Subs. by G.S.R. 284 (E), dated 29th May, 1997 (w.e.f. 29th November, 1997).

48.      Subs. by G.S.R. 729 (E), dated 23rd August, 1990 (w.e.f. 23rd August, 1990).

49.      Subs. by G.S.R. 284 (E), dated 29th May, 1997 (w.e.f. 29th November, 1997).

50.      Ins. by G.S.R..481. dated 6th September,1993 (w.e.f. 2nd October,1993).

51.      Ins. by G.S.R .695 (E). dated 9thNovember ,1993 (w.e.f. May,1994 ).

52.      Added by G.S.R. 614 (E), dated 9th  August, 1994.

53.      Ins. by G.S.R. 223 (E), dated 20th May, 1996 (w.e.f. 20th November, 1996).

54.      Ins. by G.S.R. 121 (E), dated 11th March, 1996 (w.e.f. 11th September, 1996).

55.      Ins. by G.S.R. 465 (E), dated 14th August, 1997 (w.e.f. 14th August, 1997).

 

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 or trade list or label attached to the container of the food shall contain any words which might imply that the food is pure:

 

1[Provided that for purpose of this rule the following shall not be deemed as an admixture or an addition, namely:

 

(a)        Salt in butter or margarine.

 

(b)        Vitamins in food.]

 

(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:

 

 

                     2[Declaration

 

This (a) contains an admixture / addition of not more

 

than (b)……….. percent. 3[* * *1 (e)]

 

 

(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 ingredient which is deficient.

 

Where the context demands it, the words “contains an 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, lie shall give the purchaser, if asked, the information contained in the declaratory label by word of month at the time of sale.

 

(4)       Nothing contained in this rule shall be deemed to authorize 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.

 

4(5)     Nothing contained in this rule shall apply in the case of sweets, confectionery, biscuits, bakery products, processed fruits, aerated water, vegetables and flavouring agents].

 

1         Added by G.S.R. 1211, dated  9th December, 1958.

2.        Ins. by S.R.O. 2755, dated 20th November. 1956 and G.S.R. 1211. dated 9th December, 1958.

3.        Omitted by G.S.R. 1211, dated  9th  December, 1958.

4.        Added  respectively by S.R.O. 2755, dated 20th November, 1956 and G.S.R. 1211. date( 9th December, 1958.

 

1[43-A.Restriction on Advertisement.-There shall be no advertisement of any food which is misleading or contravening the provisions of Prevention of food Adulteration Act, 1954 (37 of 1954) or the rules made thereunder.

 

Explanation-The term “Advertisement” means any visible representation or announcement made by means of any light, sound, smoke or gas.]

 

1.        Ins. by G.S.R. 257 (E), dated 2nd May, 1991 ( w. e f. 3rd November, 1991).

 

 

PART VIII

Prohibition and Regulation of Sales

 

1[44. Sale of certain admixtures 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 2[prepared exclusively from] milk or which contains less that 3[25] percent. 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 vanaspati to which ghee or any other substance has been added

 

4[(g)     *              *                *                *               *            *]

 

(h)       Turmeric containing any foreign substance;

 

(i)        Mixture of coffee and any other substance except chicory;

 

5[(j)  Dahi or curd 6[not prepared from boiled, pasteurized or sterilized milk]:

 

  7[       *      *            *        *              *              ]

 

8[(I)  Milk or a milk product specified in Appendix B containing a substance  not found in milk, except as provided in the rule :]

 

9[Provided that the Central Government may, by notification in the Official Gazette]

10[exempt any preparations made of soluble extracts of coffee from the operation of this rule]:

 

 

11[Provided further that proprietary food article to Cl. (i) shall be exempted from the operation of’ this rule.]

 

12[Provided further that in respect of Cl. (e) 13[a maximum tolerance limit of 15.0 red units] in one cm. cell on Lovibond scale is permitted when the oil is tested for Bendouin  test without dilution, that is to say, by shaking vigorously for 2 minutes, 5 ml. of’ the sample with 5 ml. of hydrochloric acid (specific gravity 1.19) and 0.3 ml. of 2 percent. alcoholic Solution of furfural and following to stand for 5 minutes:

14[     *           *               *                *               *]

 

15[Provided also that in respect of Cl.(e), maximum tolerance of 10 red unit in 1cm. cell on Lovibond scale is permitted when the oil is tested for Halphen’s test without dilution, that is to say, by shaking 5 ml. of the sample with 5 ml. of sulphur solution (one percent. (w/v) solution of sulphur in carbon-di-sulphide mixed with equal ]volume of any (alcohol), in a closed system test tube (250 X 25 cm.) heating in a hot water (700C-800C) for a few minutes with occasional shaking until, carbon-di-sulphide is boiled off and the sample stops foaming and then placing the tube on saturated brine bath, capable of being regulated at 100 0C-1150C for 2.5 hours :]

 

16[Provided also that prohibition in Cl. (e) shall remain in respect admixture of any two edible vegetable oils as one edible vegetable oil, where-

 

(a)       The proportion by weight of’ any vegetable oil used in the admixture is not less than 20 percent. by weight; and

 

(b)       The admixture of edible vegetable oils, is processed or packed and sold, by the Department of Civil Supplies, Government of India (Dte. of Vanaspati, Vegetable Oils and Fats) or by the agencies in public, private or Joint Sector authorized by the Department or by the National Dairy Development Board or by the State Cooperative Oilseeds Growers

 

Federation or Regional and District Cooperative Oilseeds Growers Union set-up under National Dairy Development Board’s Oilseeds and Vegetable Oil Project or by the Public Sector undertakings of Central and State Governments, in sealed packages weighing not more than 5 Kgs. under Agmark Certificate Mark compulsorily and bearing the label declaration as laid down in Cl. (zz) of rule 42 ; and

 

(c)       The quality of each edible oil used in the admixture conforms to the relevant standard prescribed by these rules]

 

oil, mustard oil or til oil) where-

 

(a)       The proportion of conventional oil, (that is to say, coconut oil, groundnut oil, mustard oil or til oil) in the admixture is not less than 20 percent. by weight:

 

(b)       The admixture of edible oils is processed and sold by the Department of Civil Supplies, Government of India (Directorate of Vanaspati, Vegetable Oils and Fats), or the authorised agencies of that Department and the State Co-operative Oil seeds Growers Federation set up under National Diary (Development Board’s Oil seeds and Vegetable Oil Project in sealed packages weighing not more than 5 Kgs. under Agmark certification mark compulsorily and bearing the label declaration as laid down in Cl. (zz) of rule 42 :

 

(c)       The quality of each edible oil used in the admixture conform to the relevant standard prescribed by these rules.)

 

17[Provided also that proprietary food articles, as defined in Cl. (b) of the explanation to rule 37-A, relating to Cl. (i) shall be exempted from the operation of this rule.]

 

1.        Amended by S.R.O. 2755. dated 24th November, 1956 and G.S.R. 1211, dated 9th December, 1958 and G.S.R. 1340, dated 4th November, 1963.

2.        Subs. by G.S. R. 1340, dated 24th October, 196 1.

3.        Subs. by G.S.R. 1533 dated 8th July, 1968.

4.         Omitted by G.S.R. 454 (E), dated 15th April, 1988 ( w.e.f. 15th April, 1988).

5.        Ins. by G.S.R. 1564, dated 17th November, 1962.

6.        Subs. by G.S.R. 503 (E), dated 1st September, 1981 and published in the Gazette of India, Extraordinary,  Pt. II, Sec. 3 (i), dated 1st September, 1982.

7.        Clause (k) deleted by G.S.R. 205, dated 19th February, 1974.

8.        Ins. by G.S.R. 1533, dated the 8th July, 1968.

9.        Ins. by G.S.R. 1211, dated 9th December, 1958.

10.      In pursuance of this provision, “NESCAFE” has been exempted from the operation of this rule vide G.S.R. 17, dated 23rd December, 1958.

11.      Ins. by G.S.R. 2068, dated 15th February. 1980.

12.      Subs. by G.S.R. 270 (E), dated 2nd March, 1987 (w.e.f. 2nd March, 1987), for the proviso added Try G.S.R. 476 (E), dated 29th January, 1982.

13.      Subs. by G.S.R. 243. dated 15th February, 1980.

14.      Fourth and Fifth Provisos omitted by G.S.R. 91 (E). dated 7th February, 1992.

15.      Ins. by G.S.R. 55 (E), published in the Gazette of India, Extraordinary, Pt. 11, Sec. 3 (i) dated 21st January, 1979.

16.      Subs. by G.S.R. 91 (E), dated 7th February, 1992).

17.      Ins. by G.S.R.73 (E), dated 29th January ,1986 (w.e.f. 29th January,1986).                          

 

1[44-A. No person in any State shall, with effect from such date as the State Government concerned may, by notification in the Official Gazette, specify in this behalf, sell or offer or expose for sale, or have in his possession for the purpose of sale, under any description or for use as ingredient in the preparation of any article of food intended for sale

 

(a)       Kesari gram (Lathyrus sativus) and its products.

 

(b)       Kesari dal (Lathyrus sativus) and its products.

 

(c)        Kesari dal flour (Lathyrus sativus) and its products,

 

(d)       A mixture or Kesari gram (Lathyrus sativus) and Bengal gram dal (Cicer arietinum) for any other dal.

 

(f)       A mixture of Kesari Dal (Lathyrus sativus) flour and Bengal gram dal (Cicer arietinum) flour or any other flour].

 

2[Explanation:-The equivalent of Kesari gram in some of Indian languages are as follows

 

1.  Assamese

Khesari, Teora

 

 

2.  Bengali

Khesari. Teora, Kassur, Batura.

 

 

 

3.  Bihari

Kesari, Reora, Kassur, Batura

 

4.  English

Chikling vetch.

 

5.  Gujarati

Lang.

 

6.  Hindi

Khesari, Kessur, Kasari, Kassartivi, Batura, Chapri, Dudia, Kansari, Kesori, Latri, Tinra, Tiuri, Kassor.

 

7.  Kannada

Lake Bele, Kesair Bele.

 

8.  Malayalam

Kesari Lanki, Vattu.

 

9.  Tamil

Maku.

 

  10.  Marathi

Lakferi, Batri, Lakhi, Lang, Matra, Teora. Batroli-ki-dat Lakh.

11.  Oriya

Khesra, Khesari, Khesari dal.

12.  Persian

Masang.

13 Punjabi

Kesari. Chural, Karas, Karil, Kasa, Kesari. Chapa.

14.  Sanskrit

Sandika, Triputi.

15.  Sindhi  

Matter.

16.  Telugu

Lamka..]

1.        Ins. by G.S.R. 169, dated 11th February, 1961.

2.        Subs. by G.S.R, 55 (E), dated 31st January, 1979, published in the Gazette of India. Extraordinary,  Pt. 11, Sec. 3 (i), dated 31st January, 1979.

 

1[44-AA.Prohibition of use of carbide gas in ripening of fruits.-No person shall sell or offer or expose for sale or have in his premises for the purposes of sale under any direction, fruits which have been artificially ripened by use of acetylene gas, commonly known as carbide gas.

 

1.        Ins. by G.S.R. 55 (E). dated 31st January, 1979, published in the Gazette of India Extraordinary, Pt.  II.  Sec.3 (i), dated 31st January, 1979.

 

1[44-AAA.No person shall sell or offer or expose for sale or have in his premises for the purpose of’ sale Under any direction, food articles which have been coated with mineral oil, except where the addition of mineral oil is permitted in accordance with the standards laid down ill Appendix’B’]

 

1.        Ins. by G.S.R. 732 (E), dated 23rd August, 1990 (w.e.f. 23rd August, 1990).

 

1[44-B.Restriction on sale of ghee having less Reichert value than that specified for the are a where such ghee is sold.-The ghee having less Reichert value and a different standard for butyro refractometer at 40’C, than that specified for the area in which it is imported for sale or storage shall not be sold or stored in that area except under the “AGNIARK” seal:

 

Provided that such ghee  may be (i) sold loose, after opening the “AGMARK” sealed container, in quantities not exceeding 2 kilograms at a nine and (ii) used in the preparation of’ confectionery (including sweetmeats).

 

 (2)    A person selling-

 

(i)        Such ghee in the manner specified in sub-rule  (1), and

 

(ii)       Confectionery (including sweetmeat) in the preparation of which such ghee is used.

 

shall give a declaration in Form VI-B, to the Food Inspector when a sample thereof is taken by him for analysis under Sec. IO of the Act and also to a purchaser desiring to have the sample analysed under Sec. 12 of the Act.

 

(3)       If on analysis such sample is found to be conforming to the standards of’ quality prescribed for the area where it is alleged to have

 

been produced, the ghee shall not be deemed to be adulterated by reason only that it does not conform to the standards of quality prescribed for the area where it is sold.

 

1.         Ins. by G.S.R. 1134, dated 16th September, 1961.

 

1[44-C.Restriction on the sale of til oil produced in Tripura, Assam and West Bengal. -Til oil (Sesame oil) obtained from white sesame seeds, grown in Tripura, Assam and West Bengal having different standards than those specified for til oil shall be sold in sealed containers bearing Agmark label, where this tit oil is sold or offered for sale without bearing an Agmark label, the standard given for til oil shall apply.]

 

1.        Ins. by G.S.R. 1533, dated 8th July, 1968.

 

1[44-D.Restriction on sale of Carbia collosa and Honey dew. -Carbia collosa and Honey dew shall be sold only in sealed containers bearing Agmark seal.]

 

1.        Ins. by G.S.R. 205, dated 13th February, 1974.

 

1[44-E.Restriction on sale of Kangra tea.-Kangra tea shall be sold or offered for sale only after it is graded and marked in accordance with the provisions of the Agricultural Produce (Grading and Marking) Act, 1937 (I of 1937), and the rules made thereunder.]

 

1.        Ins. by G.S.R. 850, dated 25th June, 1975.

 

1[44-F.Restriction on sale of irradiated food.- Irradiated  food   shall be offered for sale only in prepackaged conditions.]

 

1.        Ins by G.S.R 614 (E), dated 9th August, 1994.

 

1[44-G.Conditions for sale of flavoured tea.-

 

(i)        Flavoured tea shall be sold or offered for sale only by those manufacturers who are registered with Tea Board.  Registration No. shall be mentioned on the label.

 

(ii)       It shall be sold only in packed conditions with label declaration as provided in Cl.  “YY” of rule 42.]

 

1.        Ins. by G.S.R.847 (E), dated 9th August, 1994.

 

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 suggest honey on the label or any package of, or in any advertisement for, any food that resembles honey but it is not pure honey.

 

46.      Sale or use for ode of admixture 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 any oil or fat which does not confirm to the definition of ghee :

 

Provided where a mixture prohibited by this rule is required lot- the preparation of an articles n quantities not exceeding the limits shown against them  and shall bear the label declaration   as provided in Cls. (1) and (2) of sub-rule (ZZZ) of rule 42.

 

1[47.   Restriction on use and sale of artificial sweeteners.----

 

2[(1)    ‘No artificial sweetener shall be added to any article of food :

 

Provided  that artificial sweetener may be used in following food articles in quantities not exceeding the limits shown against them and shall bear the label declaration as provided in Cls. (1) and (2) of sub-rule (ZZZ) 0f 42.

 

TABLE

 

Sl. No.

Name of artificial sweetener

           Article of food

Maximum limit of Artificial        sweetener

1.

2

3

4

1.

Saccharine Sodium---                              ……………         do---                                                                                              do---                               do---

Carbonated water                         Soft Drink Concentrate                Supari                                           Pan Masala                                   Pan Flavouring material

1000 ppm                                       *100 ppm                                           4000 ppm                                                    8000 ppm                                                8 percent.

2.

Aspertame      (Methyl ester)

Carbonated Water                      Soft Drink Concentrate

700 ppm                     *700 ppm

3.

Acesulfame   Potassium

Carbonated Water                      Soft Drink Concentrate

300 ppm                  *300 ppm

      

Explanation1.-Pan flavouring material refers to the flavouring agents permitted for human consumption to be used for pan. It shall be labelled as “PAN FLAVOURING MATERIAL”

 

*Explanation II.-Maximum limit of artificial sweetener in soft drink concentrate shall be as in reconstituted beverage or in final beverage for consumption.  Soft drink concentrate label shall give clear instruction for reconstitution of products, for making final beverage :

 

Provided that Saccharine Sodium or Aspertame (methyl ester) or Acesulfame Potassium may be sold individually as Table Top Sweetener and may contain carrier or filler articles with label declaration as provided in sub-clauses (1) and (2) of sub-rule (ZZZ) of rule 42 ;]

 

(2)       No mixture of artificial sweetener shall be added to any article of food or in the manufacture of table top sweeteners.

 

3[(3)    No person shall sell table top sweetener except under label declaration as provided in Cls. (1) and (2) of sub-rule (zzz) of rule 42

 

Provided that aspartame may be marketed as a table top sweetener in tablet or granular form in moisture proof packages and the concentration of aspartame shall not exceed 18 mg per 100 mg of  tablet or granule.]

 

4[Provided that aspartame may be marketed as a table top sweetener in tablet or granular form in moisture proof packages and the concentration of aspartame shall not exceed 18 mg per 100 mg. of  tablet or granules.]

 

1.        Subs. by G.S.R. 454 (E), dated 15th April, 1988 (w.e.f. 15th April, 1988).

2.        Subs. by G.S.R. 284 (E)dated 29th May, 1997 (w.e.f 29th November, 1997).

3.        Subs. by G.S.R. 284 (E), dated 29th May, 1997 (w.e.f. 29th November, 1997).

4.        Add by G.S.R.578 (E), dated 4t h August, 1995.

 

48.      Use of flesh of naturally dead animals or fowls prohibited.-No person shall sell or use as ingredient in the preparation of ally article of food intended for sale, the flesh of any animal or fowl  which has died on account of natural causes.

 

This rule prohibits the sale/use of flesh of’ naturally dead animals.

 

 1[48A- Sale of permitted food colours.-

 

2[(i)     No person shall manufacture, sell, stock, distribute or exhibit, for sale 3[synthetic food colours] or their mixtures or any preparation of such colours for use in or upon food except under a licence.]

 

(ii)       No person shall sell a permitted 2[synthetic food colours] for use in or upon food unless its container carries a label stating the following particulars:

 

(a)     The words “Food Colours”.

 

(b)     The chemical and the common or commercial name 4[and colour index] of the dye-stuff.

 

(iii)      No person shall sell a mixture of permitted 2[synthetic food colours] for use in or upon food unless its container carries a label stating the following particulars:

 

(a)       The word “Food Colour Mixture”.

 

(b)       The chemical and the common or commercial name 4[and colour index]   of the dyestuffs contained in the mixture.

 

(iv)      No person shall sell a preparation of permitted 2[synthetic food colours] for use in or upon food unless its container carries a label stating the following particulars:

 

(a)       The words “Food Colour Preparation”.

 

(b)       The name of various ingredients used in the preparation].

 

5[(v)    The licence referred to in sub-rule (1) shall be issued by the licensing authority appointed under sub-rule (2) of’ rule 50 and shall be subject to such conditions as that Government may specify in this behalf. ]

 

6[vi)    All food colours, including natural colouring matter and permitted coal-tar food colours, their preparations or mixtures, except saffron and circumin, shall be sold only under Indian Standards Institution Certificate Mark.]

 

1.        Ins. by S.R.O. 2755, dated 20th November, 1956.

2.        Subs. by G.S.R. 1417, dated 20th September, 1976. published in the Gazette of-India, Pt. II, Sec. 3 (i), dated 2nd October, 1976.

3.        Subs. by G.S.R.304 (E), dated 4th June, 1997 (w.e.f. 4th June, 1997).

4.        Ins. by G.S.R. 425, dated 4th April, 1960.

5.        Ins. by G.S.R. 514, dated 20th June, 1958.

6.        Subs. by G.S.R. 764 (E), dated 15th November, I984.

 

48-B. 1[Sale of insect damaged dry fruits and nuts.-The dry-fruits and nuts like raisins, currants, figs, cashew nuts, apricots, almonds may contain not more than 5 percent. of insect-damaged fruits and nuts, by counts.]

 

1.        Ins. by G.S.R. 205, dated 13th February, 1974.

 

1[48-C Sale of Food Additives.-The following food additives permitted for use in certain foods shall be sold only under the Indian Standards Institution Certification Marks, namely:

 

1.        Sulphuric Acid (Food Grade).

 

2.        Sodium Propionate (Food Grade).

 

3.        Calcium Propionate (Food Grade).

 

4.        Sorbic Acid (Food Grade).

 

5.        Potassium Metabisulphite (Food Grade).

 

6.        Sodium Metabisulphite (Food Grade).

 

7.        Sorbitol (Food Grade).

 

8.        Benzoic Acid (Food Grade).

 

9.        Sodium Benzoate (Food Grade).

 

2[10.   Fumaric Acid (Food Grade) and quick dissolving fumaric  acid (Food Grade).]

 

11.      Sodium Carboxymethyl Cellulose (Food Grade).

 

12.      Sodium Alginate (Food Grade).

 

13.      Agar (Food Grade).

 

14.      Alginic Acid (Food Grade).

 

15.      Calcium Alginate (Food Grade).

 

16.      Gelatin (Food Grade).

 

17.      Ascorbic Acid (Food Grade).

 

 18.     Butylated Hydroxy Toluene (BHT) (Food Grade).

 

19.      Butylated Hydroxy Anisole (BHA) (Food Grade).

 

20.      Caramel (Food Grade).

 

21.         Annatto colour (Food Grade).]

 

1.        Ins. by G.S.R. 283 (E), dated 26th March. 1983. published in the Gazette of India, Extraordinary, Pt.II.  Sec. 3 (i), dated 26th March, 1983 (it shall come into force after two years from the date of publication  in the Official Gazette).

2.        Subs. by G.S.R. 677 (E), dated 6th September, 1994.

 

1[48-D.Storage and sale of irradiated food.-Save as otherwise provided in these rules, no person shall irradiate for sale, store for sale, or transport for sale irradiated food.]

 

1.        Ins. By G.S.R. 614 (E), dated 9th August, 1994.

 

 

PART IX

Conditions for Sale and Licence

 

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 if 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 of 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)       An 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 with which are rusty:

 

(ii)       Enamelled containers which have become chipped and rusty:

 

(iii)      Copper or brass containers which are not properly tinned; 1[* * * *]

 

2(iv)    Containers made of aluminium not conforming in chemical] composition to IS:20 3[* * *] specification for Wrought Aluminium and Aluminium Alloy for utensils; 4[and]

 

2[(v)    Containers made of plastic materials not conforming to the following Indian Standards Specification, used as appliances or receptacles for packing or storing, whether partly or wholly, food articles, namely:

 

(a)       IS: 10146 3[* * *] (Specification for Polyethylene in contact with foodstuffs);

 

(b)       IS: 10142 3[* * *] (Specification for Styrene Polymers in contact with foodstuffs);

 

(c)       IS: 10151 3[* * *] (Specification for Polyvinyl Chloride (PVC, in contact with foodstuffs);

 

(d)       IS: 10910 3[* * *] (Specification for Polypropylene in contact with foodstuffs);

 

5[(e)    IS: 11434 3[* * *] (Specification for Ionomer Resins in contact with foodstuffs)];

 

6[(f)    IS: 11704 3[* * *] (Specification for Ethylene Acrylic Acid (EAA) Co-polymer];

 

(g)       7[IS: 12252 3[* * *] (Specification for Polyalkylene terephathalates (PET)].

 

(h)       IS: 12247 3[* * *] (Specification for Nylon 6 Polymer].

 

8[(i)     IS: 13601 3[* * *] (Specification for Ethylene Vinyl Acetate (EVA).

 

(j)        IS: 13576 – Ethylene Metha Acrylic Acid (EMAA)].

 

9[(vi)   Use of second hand tin container for packaging of edible oils and fats.]  

 

10[Provided that utensils or containers made of copper though not properly tinned may be used for the preparation of sugar confectionery or essential oil, and mere use of such utensils or containers shall not be deemed to render sugar, confectionery or essential oils unfit for human consumption.]

 

11(6)   No person shall sell compounded asafoetida exceeding one kilogram in weight except in a sealed container with a label.]

 

12[(7)   No person shall sell hingra without a label on its container upon which is printed a declaration in the form specified in rule 42.]

 

13[(8)  No person shall sell Titanium dioxide (food grade) except under Indian Standards Institution Certification Mark.]

 

14[(9)  No person shall sell salseed fat for other purpose except for BAKERY AND CONFECTIONERY and it shall be refined and shall bear the label declaration as laid down in rule 42.(T).]

 

15[(10) Table salt or iron fortified common salt containing anti-caking agent shall be sold only in a package which shall bear the label as specified in sub-rule (v) of rule 42; or

 

(10-A) Iron fortified common salt shall be sold only in high density Polythene bag (HDPE) (14 Mesh, density 100 Kg / m 13 unlaminated) package which shall bear the label as specified in sub-rule (vv) of 42.]

 

16[(l1)    No person shall sell lactic acid for use in food except under Indian Standards Institution Marks.

 

(12)     The katha prepared by Bhatti Method shall be conspicuously marked as “Bhatti katha”.]

 

17[(13)    All edible oils, except coconut oil imported in crude, raw or unrefined form shall be subjected to the process of refining before sale for human consumption.  Such oils shall bear a label declaration as laid down in rule 42 (w).]

 

18[(14)    Dried Glucose Syrup containing sulphur-dioxide exceeding 40 ppm. shall be sold only in a package which shall bear the label as specified in sub-rule (x) of rule 42.]

 

19[(15)     No person shall store, expose for sale or permit the sale, of any insecticide in the   same premises where articles of food are stored, manufactured or exposed for sale :

 

Provided that nothing in this sub-rule shall apply to the approved household insecticides which have been registered as such under the Insecticides Act, 1968 (46 of 1968).rule

 

Explanation-For the purpose of- this sub-rule, the word “insecticide” has the same meaning as assigned to it in the Insecticides Act, 1968 (46 of 1968)].

 

20[21(16)   Condensed milk sweetened, condensed skimmed milk sweetened, milk powder, skimmed milk powder and partly skimmed milk powder] shall not be sold except under Indian Standards Institution Certification Mark.]

 

22[(17)    No person shall sell mineral oil (food grade) for use in confectionery except under Indian Standards Institution Certification Mark.

 

(18)    No person shall sell confectionery weighing more than 500 gms. except in packed condition and confectionery sold in pieces shall be kept in glass or other suitable containers.

 

Explanation-For the purposes of sub-rules (17) and (18) confectionery” shall mean sugar boiled confectionery, lozenges and chewing gum and bubble gum]:

 

23[(19) No person shall manufacture, sell, store or exhibit for sale an infant milk food, infant formula 24[milk cereal-based weaning food and processed cereal based weaning food] except under Bureau of Indian Standards Certification Mark..]

 

25[(20) No person shall sell protein rich ata and protein rich maida except in packed condition mentioning the names of ingredients on the label.]

 

26[(21) The blended Edible Vegetables Oils shall not be sold in loose form.  It shall be sold in sealed packages weighing not more than 5kgs.  It shall not be sold under the common or generic name of the oil used in the blend but shall be sold as “Blended Edible Vegetable Oil”.  The sealed package shall be sold or offered for sale only under Agmark certification mark bearing the label declaration as provided under rule 42 and rule 44 besides other labelling requirements under these rules.]

 

27[(22) Coloured and flavoured 28[table margarine] shall only be sold in a sealed package weighing not more than 500 gms. with a label declaring addition of colour and flavour as required under these rules.]

 

29[(23) The fat spread shall not be sold in loose form.  It shall be sold in sealed packages weighing not more than 500 gms.  The word “butter” shall not be associated while labelling the product.  The sealed package shall be sold or offered for sale only under AGMARK certification mark bearing the label declaration as provided under rule 42 besides other labelling requirements under these rules.]

 

30[27(24)] No person shall sell powdered spices except under packed conditions.

 

Explanation-For the purpose of this sub-rule “spices” means the spices specified in Appendix  “B” of Prevention of Food Adulteration Rules, 1955.

 

31[(25)]No person shall sell or serve food in any “commercial establishment” in plastic articles used in catering and cutlery, unless the plastic material used in catering and cutlery articles, conform to the food grade plastic, specified in rule 49 (5) (v) ]

 

Explanation-For the purpose of this sub-rule “commercial establishment” means any establishment, called by whatever name, being

 

Run / managed by any person or by any authority of the Government / Semi-Government or by any corporate registered body which deals in the business of selling or serving food.]

 

32[(26) Conditions sale of irradiated food.-All irradiated food shall be sold in pre-packed conditions only.  The type of packaging material used for irradiated food for sale or for stock for sale or for exhibition for sale or for storage for sale shall conform to the requirement of packaging material as per rule 49.]

 

33[(27) Every package of cheese (hard), surface, treated with Natamycin, shall bear the label as specified under Cl (8) of sub-rule (ZZZ) of rule 42.]

 

1.        The words “and” omitted by G.S.R. 507 (E), dated 19th March, 1986 (w.e.f. 19th March 1987).

2.        Subs by G.S.R. 425, dated 4th April, 1960.

3.        Omitted by G.S.R. 382 (e), dated 10th July, 1997 (w.e.f. 10th July, 1997).

4.        Ins. by G.S.R. 507 (E), dated 19th March, 1986 (w.e.f. 19th March 1987).

5.        Ins. by G.S.R. 840 (E), dated 6th October, 1987 (w.e.f. 6th April 1987).

6.        Ins. by G.S.R. 105 (E), dated 22nd February, 1994 (w.e.f. 22nd February, 1994).

7.        Corrected by G.S.R. (E), dated 9th August 1994.

8.        Ins. by G.S.R. 382 (E) dated 10th July 1997 (w.e.f. 10th July 1997).

9.        Ins. by G.S.R. 575 (E), dated 4th August 1995.

10.      Added an amended respectively by S.R.O. 2725, dated 24th November, 1956 and G.SR. 1211 DATED 9th December 1958.

11.      Ins. by G.S.R. 823. dated 9th March, 1966.

12.      Added by G.S.R. 1256. dated 17th August, 1967. published in the Gazette of India.  Pt.II Sec. 3(i), No. 3, dated 26th  August 1967.

13.      Ins. by G.S.R. 55 (E). published in the Gazette  of India  Extraordinary  Pt.  II, dated 31st January, 1979.

14.      Ins. by G.S.R. 19 (E), published in the Gazette of India, Extraordinary, Pt.II, Sec. 3 (i), dated 27th January, 1980.

15.      Subs. by G.S.R.11 (E), dated 4th January, 1985.

16.      Ins. by G.S.R. 290 (E), dated 13th April, 1981.

17.      Ins. by G.S.R. 44(E), published in the Gazette of India.  Extraordinary, Pt.II, Sec, 3 (i), dated 5th February, 1982 (w.e.f. 4th August. 1982).

18.      Ins. by G.S.R. 57(E), dated 11th February. 1982 (w.e.f. 10th August, 1982).

19.      Ins. by G.S.R. 790 (E). dated 10th October, 1983.

20.      Ins. by G.S.R. 550 (E), dated 4th July, 1985.

21.      Subs. by G.S.R. 41 (E), dated 29th January, 1997 (w.e.f. after one year from 29th January,1998.

 

22 .     Ins. by G.S.R. 437 (E), dated 8th April, 1988 (w.e.f. 8th April, 1988).

23.      Ins. by G.S.R. 257 (E), dated 3rd May, 1991 (w.e.f. 3rd November, 1991).

24.      Subs. by G.S.R. 147 (E) dated 14th March, 1997 (w.e.f. 14th September, 1997).

25.      Added by G.S. R. 731 (E), dated 10th December, 1991.

26.      Ins. by G.S.R. 91 (E), dated 7th February, 1992. and corrected by G.S.R. 314 (E), dated 9th March, 1992.

27.      Ins. by G.S.R. 907, dated 4th December, 1992 (w.e.f. 4th December, 1992).

28.      Subs. by G.S.R. 465 (E), dated 14th August, 1997 (w.e.f 14th August, 1997).

29.      Ins. by G.S.R. 481, dated 6th September, 1993 (w.e.f. 2nd October, 1993).

30.      Ins. by G.S.R. 105 (E), dated 22nd February, 1994 (w.e.f. 22nd February, 1994).

32.      Corrected by G.S. R. 611 (E), dated 9th August, 1994.

33 .      Ins. by G.S.R. 614 (E), dated 9th August, 1994.

 

 

50. Conditions of licence.-

 

1(l)      No person shall manufacture, sell, stock’ distribute or exhibit for sale any article of food, including prepared food or ready to serve food, 2[irradiated food] except under a licence:

 

Provided that the fruit products covered under the Fruit Products Order, 1955, solvent extracted oil, de-oiled meal, edible flour covered under the Solvent Extracted Oil, De-oiled Meat and Edible Flour (Control) Order, 1967, vanaspati covered under the Vegetable oil Products Control Order, 1947, and meat and poultry products covered under the Meat Food Products Order, 1973, shall be exempted from the above rule]:

 

3[Provided further that a producer of milk, who sells milk only to a milk Co-operative society which is a member of a milk Co-operative union engaged in reconstitution of milk or manufacture of milk products, shall be exempted from this rule).

 

4[Provided also that no person shall manufacture, sell, stock, distribute or exhibit for sale any article of food which has been subjected to the treatment of irradiation, except under a licence from Deptt. of Atomic Energy (Control of Irradiation of Food) Rules, 1991, under the Atomic Energy Act, 1962 (Act 33 of 1962)].

 

5[(l -A)One licence may be issued by the licensing authority for one or more articles of food and also for different establishments or premises in the same local area.]

 

6[(l -B) The name and address of the director or manager, as the case may be. nominated by the company under rule 12-B shall be mentioned in the licence.]

 

(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 local authority by an order in writing, delegate the power to sign licences and such other power as may be specified in the order to any other person under his control..

 

2[(4) If the articles of food are manufactured, stored, or exhibited for sale at different premises situated in more than one local area, separate applications shall be made and a separate licence shall be issued in respect of such premises not falling within the same local area:

 

Provided that the itinerant vendors who have no specified place of business, shall 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 licence shall have to make such alteration in the premises as may be required by the licensing authority for the grant of a licence:

 

7[Provided that a licensing authority may, for reasons to be recorded in writing refuse to grant a licence, if it is satisfied that it is necessary to do so in the interest of public health.]

 

8[(6)    *               *              *             *            *             *                    *             ]

 

9[(7)    Proprietors of hotels, restaurants and other food stalls (including mobile and itinerant food stalls) 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, vanaspati and other fats for information of the intending purchasers.

 

10[(8)      *                    *            *            *              *            *                     *          ] 

 

(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 or foul and waste matter.

 

(11)    All vessels used for the storage or manufacture of the articles intended for sale have proper cover to avoid contamination.

 

(12)     Every manufacturer 11[(including ghani operator)] or wholesale dealer of butter, ghee, vanaspati  edible oil, 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.

 

12[(13)  An itinerant vendor granted a licence under these rules, shall carry a metallic badge on his arm showing clearly the licence number, the nature of articles for the sale of which the licence has been granted, his name and address and the name and address of the owner, if any, for whom he is working.  His containers of food and the vehicle shall also be similarly marked. In addition to the metallic badge the vendor shall, if so required by the State Government or the local authority, carry an identity card with his photograph and the number of the licence. The identity card shall be renewed every year:

 

13[Provided that the whole time employees of the companies shall not be treated as itinerant vendors for the purpose of carrying metallic badge on their arms or obtaining separate licences if any identity card containing particulars of the valid municipal licence is carried by them.]

 

(14)     The nature of the 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.

 

1.        Subs. by G.S.R. 293 (E), dated 23rd March, 1985.

2.        Subs. by G.S.R. 290 (E), dated 13th April, 1981.

3.        Ins. by G.S.R. 543 (E), dated 2nd July, 1985 (w.e.f. 2nd July, 1985).

4.        Ins. by G.S.R. 614 (E), dated 9th August, 1994.

5.        Subs. by G.S.R. 290 (E), dated 13th April, 1981.

6.        Ins. by G.S.R. 4 (E), dated 4th January, 1977.

7.        Added by G.S.R. 1917, dated 20th September, 1976, published in the Gazette of India.  Pt. II, dated 2nd October, 1976.

8.        Omitted by S.R.O. 2755, dated 10th November, 1956.

9.        Subs. by G.S.R. 169, dated 11th February, 1961 and G.S.R. 1340, dated 4th November,1961.

10.      Omitted by G.S.R. 1211, dated 9th November, 1956.

11.      Ins. by S.R.O. 2755 dated 20th November, 1956.

12.      Subs. by G.S.R. 169. dated 2nd February, 196 1.

13.      Ins. by G.S.R. 133, dated 23rd January, 1973.

 

 

51.      Duration of licences.-A licence shall, unless sooner suspended or cancelled, will 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.

 

1[51-A.Procedure for issue of licence in certain local areas.-A licensing authority empowered to issue licences in local areas falling within the jurisdiction of a seaport, airport, a railway station or a group of railway stations including any railway colony, office, yard, goods-shed, transhipment shed, workshop and other works owned and maintained by the railway administration, for the purpose or in connection with the railways), shall exercise his functions in the manner prescribed by the State Government concerned in which seaport, airport or railway station is situated and adopt such forms as are prescribed by the Government for the purpose of licensing.]

 

1.        Ins. by G.S.R. 829 (E), dated 7th November, 1983.

 

1[PART XI

Preservatives

 

1.        Ins. by S.R.O. 1687, 28th July,1956.

 

52.      Definition of preservative.- “Preservative”. means a substance which when added to food, is capable of inhibiting, retarding or arresting the process of fermentation, acidification or other decomposition of food.

 

53.      Classification of preservatives.-Preservatives shall be divided into following classes:

 

(i)        Class I preservative shall be-..

 

(a)       Common salt,

 

(b)       Sugar,

 

(c)       Dextrose,

 

(d)       Glucose  1 [syrup];

 

2[(e)        *        *        *       ]

 

(f)         Spices,

 

(g)       Vinegar or acetic acid,

 

(h)       Honey,

 

3[(i)      *             *              *                  *               ]

 

2[a)       *              *             *                   *              ]

 

2[(k)      *               *             *                    *           ]

4[(l)         Edible vegetable oil ].

5[                addition of Class I preservatives in any food is not restricted,

unless otherwise provided in the rules ]:

 

6[Provided that the article of food to which a class I preservative has been added conforms to the specification laid down in Appendix B).

 

(ii)       Class II preservatives shall be-

 

(a)       Benzoic acid including salts thereof,

 

(b)       Sulphurous acid including salts thereof,

 

(c)       7[nitrates or] nitrates of sodium or potassium in respect of food like ham, pickled meat,

 

8[(d)    Sorbic acid including its sodium, potassium and calcium salts, 7[propionates of calcium, or sodium, lactic acid, and acid calcium phosphate].

 

(e)       Nicin, 9[         *              *                       *                  ].

 

 10[(f)       Sodium and calcium propionates.]

 

 11[(g)      Methyl or propyl parahydroxy-Bezoate

 

 (h)       Propionic acid including esters or salts thereof

 

 (i)       Sodium diacetate, and

 

(j)        Sodium, potassium and calcium salts of lactic acid.]

 

1.        Ins. by G.S.R. 1533, dated 8th July, 1968.

2.        Clause (e) omitted by G.S.R. 764 (E), dated 15th November, 1984.

3.        Omitted by G.S.R. 1533. dated 8th July, 1968.

4.        Ins. by G.S.R. 764 (E), dated 15th November, 1984.

5.        Ins. by S.R.O. 1687, 28th July,1956.

6.         Ins. by G.S.R. 55 (E), dated 31st January, 1979.

7.        Ins. by G.S.R. 133, dated 23rd January, 1973.

8.        ‘The word “and” omitted by G.S.R. 764 (E), dated 15th November, 1984.

9.        Ins. by G.S.R. 205, dated 13th February, 1974.

10.      Ins. by G.S.R. 829 (E), dated 7th November, 1983.

11.      See Madan Gopal v. State,  1976 Cr.L.J. 1302.

 

54.      Use of more than one Class II preservative prohibited: - No person shall  use in or upon a food more than one Class II preservative;

          

           Provided that where in column (2) of the table given below rule 55, the use of more than one preservative has been allowed in the alternative, those preservatives may, notwithstanding anything contained in rule 55,  be used in combination with one or more alternatives: provided the quality of each preservative so used does not exceed such number of parts out of those specified for that preservative in column (3) of the aforesaid table as may be worked out on the basis of the proportion of which such preservatives are combined.

 

           Illustration: - In the group of foods specified in item 6 of the table given below rule 55, sulpher dioide or benzonic acid can be added in  the proportion of 40 parts per million or 200 parts per million, respectively. If both preservatives are used in combination and proportion of sulpher dioxide in 20 parts per million, the proportion of benzoic acid shall not exceed the proportion of 100 parts per million.]                

55.      Use of more than one Class II preservative prohibited.-No person shall use in or upon a food more than one Class II preservative:

 

1[Provided that where in column (2) of the table given below rule 55, the use of more than one preservative has been allowed in the alternative, those preservatives may, notwithstanding anything contained in rule 55, be used in combination with one or more alternatives: provided the quantity of each preservative so used does not exceed such number of parts out of those specified for that preservative in column (3) of the aforesaid table as may be worked out on the basis of the proportion of which such preservatives are combined.

 

Illustration.-In the group of foods specified in item 6 of the table given below rule 55, sulphur dioxide or benzoic acid can be added in the

 

proportion of 40 parts per million or 200 parts per million, respectively.  If both preservatives are used in combination and the proportion of sulphur dioxide is 20 parts per million, the proportion of benzoic acid shall not exceed the proportion of 100 parts per million.]

 

1.        Subs. by G.S.R. 1533, dated 8th July, 1968.

 

55.      Use of Class II preservatives restricted.-The use of Class II preservatives shall be restricted to the following group of foods in concentration not exceeding the proportions given below against each :

 

TABLE

 

 

Article of food 

Preservative

Parts per            million

 

(1)

(2)  

(3)

1 .

Sausages and sausage meat containing raw meat,

 

 

 

cereals and condiments

 

 

Sulphur dioxide

450

2.

Fruit, Fruit pulp or juice (not dried) for conversion into jam or crystallised glace or cured fruit or other products 

 

 

 

 

1[(a) Cherries

Sulphur dioxide

2,0001

 

(b) Strawberries and raspberries 

Do. 

2,000

 

(c) Other fruits

Do. 

1,000

3. 

 

 

Fruit juice concentrate 

Do. 

1,500

4. 

 

Dried fruits : (a)  Apricots, peaches. apples,

 

 

 

pears and other fruits

Do. 

2,000

 

(b) Raisin and sultanas 

Do. 

750

2[5.     

      

Other non- alcoholic wines,

Sulphur dioxide

350

 

squashes, crushes, fruit syrups,

or

 

 

cordials, fruit juices and barley   

     water to be used after

     dilution.]

Benzoic acid

600

6

Jam, marmalade, preserve canned

Sulphur dioxide

40

 

cherry and fruit jelly. 

or Benzoic acid 200

 

7.

Crystallised glace or cured

 

              

 

 

fruit (including candid peel)              

Sulphur dioxide  

150

8.   

 

Fruit and fruit pulp not otherwise

 

 

 

specified in the Schedule                                               

 

Do.

350

3[9.

Plantation white sugar, cube sugar,

 

 

 

dextrose, gur or jaggery, misri 

Sulphur dioxide

70

9-A.

Khandsari (Sulphur) and bura.    

Do.

150

9-B.

Refined Sugar    

Do.

401

10.

Corn flour and such like starches

Do.

100

11.

Corn syrup 

Do

450

 

1.        Subs. by G.S.R. 764 (E), dated 15th November, 1984.

2.        Subs. by G.S.R. 553. dated 22nd April, 1972.

3.        Subs. by G.S.R. 916 (E), dated 17th November, 1987 (w.e.f. 17th May, 1988) for item) 9.

 

TABLE

 

 

(1)      

 

 

(2)

(3)

1[11-A

Canned rassogolla (the cans shall be internally lacquered with

 

 

 

sulphur dioxide-resistant lacquer)    

Do. 

1001

12.

Gelatine      

Do.

2[1,000]

13.

Beer

Do.   

70

14.

Cider 

Do.   

200

15.

Alcoholic wines      

Do.   

450

16.

Sweetened mineral water 3 [and

Sulphur   dioxide

70

 

Sweetened ready to serve beverage] 

or                            Benzoic acid 

120

17.

Brewed ginger beer 

Benzoic   acid

120

18. 

Coffee extract 

Benzoic   acid

450

4[19

Pickles and chutneys made 

Sulphur   dioxide

250

 

from fruit or vegetable 

or                                Sulphur   dioxide

1001

20.

Tomato and other sauces

5[Benzoic acid]

750

21. 

Cooked, pickled meat including

6 [Sodium or

 

 

ham and bacon

Potassium  nitrate      or Commercial saltpetre(Calculated as sodium nitrite 

200                                                                                5001

22.

Danish-tinned Caviar   

Benzoic acid

50

 23.

Dehydrated vegetables 

 

Sulphur dioxide

2,000

7 [24.

tomato puree and paste

Benzoic acid  

750

25.

Syrups and sherbets

8[Sulphur dioxide    or          Benzoic acid    

350                         6001

26.

Dried ginger

Sulphur dioxide

2,000

9[27. 

Hard boiled sugar confectionery 

Sulphur dioxide

3501

10[28.

3[Cheese or processed cheese  

Sorbic acid including its sodium, potassium and calcium salts or nicin (Calculated as sorbic acid) 

1,000]                1,0001

29. 

Flour confectionery

Sorbic acid or its sodium salts.

1,500

30.

Smoked fish (in wrappers)          

Sorbic acid

Only wrappers may be impregnated with

sorbic acid.]

   

1.        Ins. by G.S.R. 205, dated 13th February, 1974.

2.        Subs. by ibid.

3.        Ins. by G.S.R. 169, dated 2nd February, 1961.

4.        Subs. by G.S.R. 1564, dated 17th February, 1962.

5.        Subs. by G.S. R. 74. dated 31st November, 1965.

6.        Subs. by G.S.R. 1533, dated 8th July, 1968.

7.        Subs. by G.S.R. 852 (E), dated 13th June, 1986 (w.e.f. 13th June, 1986).

8.        Subs. by G.S.R. 605 (E), dated 24th July, 1985 (w.e.f. 12th July, 1985).

9.        Subs. by G.S.R. 74, dated 31st December, 1965.

10.      Subs. by G.S.R. 63 (E), dated 15th February, 1976.

 

 

TABLE

 

 

(1)

(2)  

 (3)

1[31.

Dry mixis of rasgollas  

Sulphur dioxide

100]

2 [32.

(a) Soups (other than  canned) 

Sulphur dioxide

150

 

(b) Dried soups  

Do  

1500

 

(c) Dehydrated soup mix, when

      

        

 

1500

 

packed in containers other than cans

Do  

 

33

Fruits and vegetable. flakes

 

 

 

 

powder, figs 

Do  

600

34.

Flour for baked food 

Sodium diacetate

 

 

 

or propionates or           Methyl propyl                hyproxy benzoate   

2500         3200        500]

3 [35.

Preserved chapaties

Sorbic acid 

15001

4[36.

Paneer or Chana 

Sorbic acid and its         sodium, potassium or

calcium salts (calculated    

 

 

 

 

 

as sorbic acid)            Propionic acid and

its sodium or potassium salts (calculated)

2000

 

 

as propionic acid

2000

5 [37.

Fat 

Sorbic acid and its potassium and sodium, calcium 

          

2000          1000

 

Spread     

          

          

          

salts (calculated as            sorbic acid) or Benzonic      acid and its sodium

      

 

 

 

and potassium salt(calculated as benzoic acid) or both 

1000   10001  

6[38.

Jam, Jellies, marmalades, preserves, Crystallised, glazed  

or candied fruits including       candied peels, fruit bars.

 

Sorbic acid and its calcium /sodium/potassium salts (calculated                               as sorbic acid).                            

500

39.

Fruit juice concentrates with  preservatives for conversion in

juices, nectars for ready to                          

serve beverages in bottles/

pouches selling through

dispenser

 

…………..

100

40.

Fruit juices (tins, bottles

or pouches)                             

 

…………

200

41.

Nectars, ready-to-serve beverages

in bottles, pouches or selling    

through dispensers

 

………..

501

        

1.        Ins. By G.S.R. 63 (E), dated 5th Febuary,1976.

2.        Ins. By G.S.R. 764 (E), dated 15th November,1984.

3.        Ins. By G.S.R. 852(E), dated 13th June, 1986(w.e.f. 13th June,1986).

4.        Ins. By G.S.R.10 (E),dated 7th January 1991 (w.e.f. 7th January, 1991).

5.        Ins. by G.S.R 481, dated 65th September, 1994.

6.        Ins. By  G.S.R 677 (E), dated 6th September, 1994.

 

1[55-A.Use of Class II preservatives in mixed foods.-In a mixture of two or more foods or groups of foods mentioned against each item in the table under rule 55, the use of Class II preservative or preservatives shall be restricted to the limit up to which the use of such preservative or preservatives is permitted for the foods or groups of foods contained in such mixture.

 

Illustration.-In the food specified in item 23 of’ the Table given below rule 55, sulphur dioxide can be added to dehydrated vegetables in the proportion of 2,000 parts per million.  If this food is mixed with the food specified in item 24 given in the said Table, that is to say, tomato puree and paste, where benzoic acid is permitted to an extent of 250 ppm., then in the mixture containing equal parts of these two foods, the proportion of sulphur dioxide and benzoic acid, shall be 1,000 ppm. and 125 ppm., respectively].

 

1.        Ins. by G.S.R. 1533, dated 8th July, 1968.

 

1[55-B.Restriction on use of nitrate and nitrite.-No nitrate or nitrite shall be added to any infant food.

 

1.        Ins. by G.S.R. 764 (E), dated 15th November. 1984.

 

1[55-C.Use of Natamycin for surface treatment of cheese (hard).-Natamycin i-nay be used for surface treatment of cheese (hard) under label declaration as specified in Cl. (8) of sub-rule (zzz) of rule 42 subject to the following conditions, namely :-

 

(i)        Maximum level of application of Natamycin in cheese (hard) shall not exceed 2 mg/dm3

 

(ii)       The penetration depth of Natamycin in cheese (hard) shall not exceed 2 mm.

 

(iii)      The maximum residue level of Natamycin in the finished cheese (hard) shall not exceed I mg/dm3.]

 

1.        Ins. by G.S.R. 223 (E), dated 20th may, 1996 (w.e.f 20th November, 1996).

 

1[56.    *                    *                        *                          *                                    *               ]

 

1.        Omitted by G.S.R. 243. dated 15th February, 1980.

 

1[PART XI

Poisonous Metals

 

1.        Added by G.S.R. 1211. dated 9th December. 1958.

 

57.      Poisonous metals.-

 

(1)       Chemicals described in monographs of the Indian Pharmacopoeia, when used in foods, shall not contain poisonous metals beyond the limits specified in the appropriate monographs of the Indian Pharmacopoeia for the time being in force.

 

(2)       Notwithstanding the provisions of sub-rule (1), no article of foods specified in column 2 of the Table below shall contain any metal specified in excess of the quantity specified in column 3 of the said table:

 

TABLE

 

Name of the poisonous Metal

Article of food

Parts per million by weight

1. Lead(i)

Beverages Concentrated soft drinks (but not including concentrates used in the manufacture of’ soft drinks).

 

0.5

 

Fruit and vegetable juice (including tomato, juice, but not including , acid lemon juice)

Concentrates used in the manufacture of’ soft drinks, lime juice and lemon juice)

 

2.0

2[(i-a)

Baking powder

2.0

3[(i-b)

Edible oil

10]

4[(i-c)

Infant  milk substitute  and infant foods

 

0.2

(i-d)

Turmeric, whole and power

 

 

10.0]

(ii)

Other Foods :

1.0]

 

Anhydrous dextrose and dextrose. monohydrate, edible oils and fats, refined white sugar (sulphated ash content not exceeding 0.03 percent).

 

0.5

 

Ice-cream, iced follies and similar frozen confections.

Canned fish, canned meat, edible gelatin, meat extracts and hydrolysed protein. dried or dehydrated vegetables (other than onions).

 

 

 

All types of- sugar, sugar syrup, invert sugar and direct consumption Coloured sugars with sulphated  ash content exceeding 1.0 percent.

 

5.0

 

Raw Sugars except those sold for direct consumption or used for manufacturing purposes other than the manufacturing  purposes other than the  manufacture  of refined sugar .

 

 

 

Edible molasses,  caramel,

liquid and solid glucose and

starch conversion products

with a sulphated ash content

 

 

2[(i-a)

Baking powder

2.0

3[(i-b)

Edible oil

10]

4[(i-c)

Infant  milk substitute        and

infant foods

 

0.2

(i-d)

Turmeric, whole and power

 

 

10.0]

(ii)

Other Foods :

1.0]

 

Anhydrous dextrose and dextrose. monohydrate, edible oils and fats, refined white sugar (sulphated ash content not exceeding 0.03 percent).

 

0.5

 

Ice-cream, iced follies and similar frozen confections. Canned fish, canned meat, edible gelatin, meat extracts and hydrolysed protein. dried or dehydrated vegetables (other than onions).

 

 

 

 

All types of- sugar, sugar syrup, invert sugar and direct consumption Coloured sugars with sulphated  ash content exceeding 1.0 percent.

5.0

 

Raw Sugars except those sold for direct consumption or used for manufacturing purposes other than the manufacturing  purposes other than the  manufacture  of refined sugar .

 

 

 

Edible molasses,  caramel,

liquid and solid glucose and

starch conversion products

with a sulphated ash content

 

 

 

Exceeding 1.0 percent Cocoa powder

    

5.0 on the dry fat

free substance.

 

 

Yeast and yeast products

5.0 on the dry matter

 

Tea, dehydrated onions. dried

herbs and spices, flavourings, alginic acid. alginates, agar, carrageen and similar products derived from seaweed.  

      

10.0 on the dry matter

 

Liquid pectin, chemicals not

otherwise specified, used as

ingredients- or in the

preparation or     processing of food  

 

 

 

 

10.0

 

Food colouring other than caramel

10.0 on the dry

colouring matter.

 

Solid pectin 

Hard-boiled  Sugar    confectionery 

      

50.0

 

2.0

 

5[ Iron fortified common    salt

2.0]

2. Copper

6[Iron fortified common salt

 

(i) Beverages : Soft drinks excluding concentrates and carbonated water 

 

 

 

 

 

7.0

 

Carbonated water 

  6 [Toddy

 

1.5

5.0

 

Cencentrates for soft drinks

 

20.0

 

(ii)Other foods :                         Chicory-dried  or     roasted, coffee    beans,      flavourings. pectin liquid

Colouring 

 

 

 

30.0

30.0 on the dry colouring matter

 

Edible gelatine  

Tomato ketchup

30.0

50.0 on the dried total solids.

 

Yeast and yeast products           Cocoa powder

60.0 on the dry matter      70.0 on the fat-free

substance.

 

Tomato puree, paste. powder,

juice and cocktails

100.00  on the

dried  tomato solids.

 

 

Tea     

Pctin-solid    

 

150.0300.0

 

Hard-boiled                        sugar confectionery

5.0

 

7[Iron fortified common salt                 

 

2.0]

 

71(ii-a) Turmeric whole and powder

5.0]

 

(iii) Foods not specified  

30.0

3.Arsenic

(i) Milk

0.1

 

(ii)  Beverages------

 

 

Soft,  drink       intended         for

consumption after dilution except carbonated water,

Carbonated water                               

 

 

 

0.5

0.25

 

8[(ii-a) Infant milk Substitute

   and infant foods                       

 

0.05

 

(ii-b) Turmeric whole and powder                                        

0.1]

 

7[(iii)  Preservatives,

 

 

antioxidants, emulsifying and

stabilizing agents and synthetic

food colours 

 

 

3.0 on dry matter

 

 

9[(iv)]Other foods:  Ice-cream. iced lollies and similar frozen confections 

 

 

0.5

 

Dehydrated       onions,       edible

gelatin, liquid pectin

 

 

2.0

 

Chicory-dried or roasted

4.0

 

Dried  herbs finings and

clearing agents,   solid

pectin-all grades spices

 

 

 

5.0

 

Food colouring other than

synthetic colouring 

5.0 on dry colouring matter.

 

Hard boiled sugar confectionery                                      

1.0

 

10[Iron fortified common salt                  

 

1.0]

 

11[(v)] Foods not specified                   

1.1

4. Tin      

  (i) Processed        and      canned

        products 

 

250.0

 

(i-a) Hard        boiled       sugar

        confectionery 

 

5.0

 

12 [(i-b) Infant Milk Substitute

 

 

          and infant foods

 

 

5.0

 

(i-c) Turmeric whole and powder 

      

Nil]

 

(ii) Foods not specified

250.0

5. Zinc....

(i) Ready-to-drink beverages 

5.0

 

(ii) Edible gelatin

100.0

 

13[(ii-a) Turmeric whole and   power 

      

25.0]

 

(iii) Fruit products covered

      under the Fruit Products Order,

      1955

      

50.0

 

(iii-a) Hard-boiled sugar confectionery 

      

 

 

5.0

 

(vi) Foods not specified 

 

      

50.0]

13[6.  Cadmium 

14[(i) Infant Milk substitute and

       Infant foods  

      

 

0.1

 

(ii) Turmeric whole and powder 

         (

0.1

 

(iii) Other foods 

    

1.5]

7.  Mercury

(i) Fish

 

0.5

 

(ii) Other food 

1.0

8.Methyl Mercury

 (All foods)  

(Calculated as the element)  

 

0.25]

1.        Subs . by G.S.R. 1533,dated 8th July,1968.

2.        Ins. by G.S.R. 1533, dated  8th July, 1968. 1968.

3.        Ins. by G.S. R. 710 (E), dated 22nd December 1980.

4.        Ins. by G.S.R. 121 (E),dated 11th March, 1996 (w.e.f. 11th September,1996).

5.        Ins. By G.S.R. 11 (E), dated 4th January, 1985.

6.         Subs. by G.S.R. 243. dated 15th February. 1980.

7.        Ins. by G.S.R. 121 (E), dated 1lth March, 1996 (w.e.f. 1lth September, 1996).

8.        Ins. by G.S.R. 938, dated 26th May, 1971.

9.        Renumbered by ibid.

10.      Ins. by G.S.R. 11 (E), dated 4th January, 1985.

11.      Renumbered by ibid.

12.      Ins. by G.S.R. 121 (E), dated 11th March, 1996 (w.e.f.11th September. 1996).

 

13.      Subs. by G.S.R. 121 (El, dated 11th March, 1996 (w.e.f. 11th September, 1996).

14.      Added by G.S.R. 454 (E). dated 5th April, 1988 (w.e.f. 15th, April, 1988).

 

1[PART XI-A

Crop contaminants and naturally

occurring toxic substances

 

1.        Ins. by G.S.R. 764 (E). dated 15th November, 1984.

 

57-A. -Crop contaminants.-

 

(1)       Crop contaminants means any substance not intentionally added to food, but which gets added to articles of food in the process of their production (including operations carried out in crop husbandry, animal husbandry and veterinary medicine) manufacture, processing, preparation, treatment, packing, packaging, transport or holding of ar4icles of such food as a result of environmental contamination.

 

(2)       No article of food specified in column (2) of the Table below shall contain any crop containing specified in the corresponding entry in column (1) thereof in excess of quantities specified in the corresponding entry in column (3) of the said Table:

 

 

Name of’ the contaminants

Article of’ Food

    

 

Mg/Kg.

          (1)

            (2) 

               (3)

   Aflatoxin

 All articles of food   

                0.03

 

57-B.  Naturally occurring toxic substances.-The toxic substances specified in Col. (1) of the Table below, which may occur naturally in any article of food, shall riot exceed the limit specified in the corresponding entry in Col. (2) of the said Table :

 

TABLE