UNIT 8 - FOOD LAWS AND REGULATIONS

Introduction
Food laws came into existence for a number of reasons: –

• To maintain the quality of food produced in the country.
• To prevent exploitation of the consumer by sellers. This could only be done by making consumers aware of what to expect in terms of quality when they buy food.
• To safeguard the health of consumers.
• To establish criteria for quality of food products.

The Essential Commodities Act is an act of Parliament of India which was established to ensure the delivery of certain commodities or products, the supply of which if obstructed owing to hoarding or black marketing would affect the normal life of the people. This includes foodstuff, drugs, fuel (petroleum products) etc.

Prevention of Food Adulteration Act (PFA) ACT, 1954

PFA is directly concerned with the protection of the health of consumers, and the quality of food products marketed. PFA states that article of food shall be deemed to be adulterated: –

(a) If the article sold by a vendor is not of nature, substance or quality demanded by the purchaser & is to his prejudice or is not of nature, substance or quality which it should be.

(b)  If the article contains any other substance which affects, or if the article is so processed as to affect injuriously nature, substance or quality thereof.

(c)  If any inferior or cheaper substance has been substituted wholly or in part for the article so as to affect injuriously nature, substance or quality thereof.

(d)  If any constituent of the article has wholly or in part been abstracted so as to affect injuriously nature, substance or quality thereof.

(e)  If the article has been prepared, baked or kept under insanitary conditions whereby it has become contaminated or injurious to health.

(f)  If the article consists wholly or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance or is insect-infested or otherwise unfit for human consumption.

(g)  If the article is obtained from a diseased animal.

(h)  If the article contains any poisonous or other ingredients which render it injurious to health.

(i)  If the container of the article is composed, whether wholly or in part, of any poisonous or deleterious substance which renders the contents injurious to health.

(j)  If any colouring matter other than that prescribed in respect thereof and in amounts, not within the prescribed limits of variability is present in the article.

(k)  If the article contains any prohibited preservative or permitted preservative in excess of the prescribed limits.

(l)  If the quality or purity of the article fall below the prescribed standards or its constituents are present in quantities which are in excess of the prescribed limits of variability.

The PFA act, 1954 thus lays down the guidelines for setting up standards for various food items like cereals & cereal products, pulses, ghee etc. All processed items which are mass produced for public use expected to conform to these standards. The penalty for adulteration that is injurious to health involves a minimum punishment of 1 year in jail and fine of 2000/- extendable to 6 years and a higher fine as fixed by the court. Adulteration which is not injurious to health is punishable by 6 months in jail and a fine of 1000/- extendable to 3 years and a minimum fine of as decided by the court.

Food Standards in India

Some food standards have been formulated and some rules laid down to be followed by the act, the most of which are the: –

1)  PFA standards

These lay down the minimum standards for all types of foods and are revised periodically to meet the requirements of the manufacturer and the consumer from time to
time. The PFA standard was formulated in 1955 were subsequently revised in 1968, 1973 & 1981. Any food not conforming to these standards is said to be adulterated.

2)  FPO standards

The FPO passed in 1946, under the defence of Indian rules, was revised under the essential commodities act, 1955. The FPO standards are mainly concerned with the standards required for maintaining the quality of fruits & vegetables & products manufactured from them. The FPO also specifies the conditions of hygiene & sanitation required to be maintained by the manufacturer of F & V products. The specification for the labelling & packaging of these products has been laid down. Under the FPO it is necessary for manufacturers to get a licence is only issued if the conditions of manufacture & the quality of the products conform to the standards laid down by the order.

3)  AGMARK standards

These standards are formulated on the physical & chemical characteristics of food, both the natural as well as those acquired during processing. Products graded under AGMARK include vegetable oils, ghee, cream, butter, rice, gur, eggs, groundnuts, potatoes, fruits, pulses & spices. These standards ensure accurate weights & correct selling practices.

4)  INDIAN standards

These standards cover vegetable and food products, spices, meat products, condiments & processed food like biscuits, sweets, flour, texturised soya products, tea, coffee & other beverages and so on. The standards are set up by the ISI, who certification mark is ISI, seen on all products indicating conformity to lay down standards the ISI (now BIS) is the national organization for standardization and lays down criteria for standardization of products, materials, practices & processes. It is also involved with the standardization of items like building materials, safety standards for equipment etc. which the caterer must be aware of when a decision regarding premises an equipment are required to be taken.

VEGETABLE OIL CONTROL ORDER (VOCO): – This specifies the standards desired for edible oil and hydrogenated fat to be marketed.

THE MEAT PRODUCT ORDER (MPO): – This relates to the quality of meat products manufactured for sale. Quality refers to the health of the animal being slaughtered hygienic condition of slaughterhouses and microbial quality of meat.

MILK AND MILK PRODUCT ORDER (MMPO): – This was passed by the government in 1992 the MMPO provides for setting up of an advisory board to advise the government on the production, sale, purchase and distribution of milk.

ECOMARK: – This system launched by the BIS was introduced to preserve the environment from pollutants. The mark ensures the consumer that products do not produce hazardous waste materials, are biodegradable and can be recycled. Food item covered includes edible oil, tea, coffee, beverages, infant food, processed foods along with food additives, preservatives and packaging materials as well.

Codex Alimentarius

The Codex Alimentarius is a collection of international food safety standards that have been adopted by the Codex Alimentarius Commission (the “Codex”). The Codex is based in Rome and funded jointly by the FAO and the WHO.

In the early 1960s, the Food and Agriculture Organization (FAO) of the United Nations and the World Health Organization (WHO) recognized the importance of developing international standards for the purposes of protecting public health and minimizing disruption of international food trade. The Joint FAO/WHO Food Standards Program was established, and the Codex Alimentarius Commission was designated to administer the program.

The advantages of having universally agreed food standards for the protection of consumers were recognized by international negotiators during the Uruguay Round. It is not surprising, therefore, that the SPS Agreement and TBT Agreement, within the separate areas of their legal coverage, both encourage the international harmonization of food standards. Importantly, the SPS Agreement cites Codex’s food safety standards, guidelines and recommendations for facilitating international trade and protecting public health.

Over the years, the Codex has developed over 200 standards covering processed, semi-processed or unprocessed foods intended for sale for the consumer or for intermediate processing; over 40 hygienic and technological codes of practice; evaluated over 1000 food additives and 54 veterinary drugs; set more than 3000 maximum levels for pesticide residues; and specified over 30 guidelines for contaminants.

ISO (International Organization for Standardization)

ISO originated from the union of two organisations – the ISO (International Federation of the National Standardizing Associations) and the UNSCC (United Nations Standard Coordinating Committee).

The consequences of unsafe food can be serious and ISO’s food safety management standards help organizations identify and control food safety hazards. As many of today’s food products repeatedly cross national boundaries, International Standards are needed to ensure the safety of the global food supply chain.

The World Trade Organization (WTO)

The World Trade Organization (WTO) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The goal is to ensure that trade flows as smoothly, predictably and freely as possible.

Consumer Protection Act, 1986

Consumer Protection Act, 1986 is an Act of the Parliament of India enacted in 1986 to protect the interests of consumers in India. It makes provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and for matters connected therewith also.

The Consumer Protection Act, 1986 was enacted to provide a simpler and quicker access to redress of consumer grievances. The Act seeks to promote and protects the interest of consumers against deficiencies and defects in goods or services. It also seeks to secure the rights of a consumer against unfair trade practices, which may be practised by manufacturers and traders.

The set-up of consumer forum is geared to provide relief to both parties and discourage long litigation. In a process called ‘informal adjudication’, forum officials mediate between the two parties and urge compromise.

Basic rights of consumers include

1. Right to be protected against marketing of goods and services which are hazardous to life and property.
2. Right to be informed about the quality, quantity, standard and price of goods or services so as to protect the consumer against unfair trade practices.
3. Right to be assured, wherever possible, access to a variety of goods and services at competitive prices.
4. Right to be heard and to be assured that consumers interests will receive due consideration at appropriate forums.
5. Right to seek redressal against unfair trade practices.
6. Right to consumer education.

Consumer redressal forum

Under the Consumer Protection Act, every district has at least one consumer redressal forum also called a consumer court. Here, consumers can get their grievances heard. Above the district, forums are the state commissions. At the top is the National Consumer Disputes Redressal Commission in New Delhi.

A written complaint to the company is taken as proof that the company has been informed. The complaint must be backed by copies of bills, prescriptions and other relevant documents, and should set a deadline for the company to respond. Consumers can also complain through a consumer organisation.

Claims of less than Rs. 5 lakh should be filed with district forum, claims of Rs. 5-Rs. 20 lakh directly with the state commission, and claims of more than Rs. 20 lakh with the National Commission.

To file the complaint

• Complaint is to be filed within two years of buying the product or using the service.
• Complaint needs to be in writing. Letters should be sent by registered post, hand-delivered, by email or fax. Don’t forget to take an acknowledgement.
• The complaint should mention the name and address of the person who is complaining and against whom the complaint is being filed. Copies of relevant documents must be enclosed.
• The consumer must mention details of the problem and the demand on the company for redressal. This could be a replacement of the product, removal of the defect, refund of money, or compensation for expenses incurred and for physical/mental torture. Please ensure that the claims are reasonable.
• You should preserve all bills, receipts and proof of correspondence related to the case. Avoid using voice mail or telephone because such interactions are normally difficult to prove.
• The complaint can be in any Indian language, but it is better to use English.
• There is no compulsion to hire a lawyer. The main cost consists of correspondence and travelling to the consumer forum for the hearing
• Maintain a complete record of the emails and documents sent by you.

Appeal

Appeal is a legal instrumentality whereby a person not satisfied with the findings of a court has an option to go to a higher court to present his case and seek justice. In the context of consumer forums:

1. An appeal can be made with the state commission against the order of the district forum within 30 days of the order which is extendable for further 15 days. (Section 15)
2. An appeal can be made to the National Commission against the order of the state commission within 30 days of the order or within such time as the National Commission allows. (Section 19)
3. An appeal can be made to the Supreme Court against the order of the National Commission within 30 days of the order or within such time as the Supreme Court allows. (Section 23)

Penalties

The consumer courts (district court, the state commission and National Commission) are given vast powers to enforce their orders. If a defaulter does not appear in court despite notices and reminders, the court may decide the matter in his absence. The forum can sentence the defaulter to a maximum of three years’ imprisonment and impose a fine of Rs. 10,000. Forums can issue warrants to produce defaulters in court. They can use the police and revenue departments to enforce orders.

The rights of consumers need to be protected since they avail services given by the service providers based on trust and faith and thus it’s a necessity to keep a check on the service providers for the sake of service recipient.