Food adulteration
pushpakrishna
(Querist) 01 March 2012
This query is : Resolved
Dear Experts,A person is is having a general stores and purchesed Tea pockets from a manufacturer under sealed pockets having with a bill for selling purpose. Food inspecter visited the shop and purchesed tea pockets and booked a case stating the same adulterated and send the same for test.Food inspecter booked a case U/S16(i)a under Prevention of Food adulteration Act in the Court making the PERSON as A1 and the MANUFACTURER as A2.Later A2 died. Can the PERSON is liable for the offence?Kindly advice with CITATIONS.Thanq.
Deepak Nair
(Expert) 01 March 2012
The person selling adulterated food can be booked.
The shop keeper needs to contest the case to prove his innocense.
Arvind Singh Chauhan
(Expert) 01 March 2012
As the packet is sealed shopkeeper is not liable. If the complaint is filed contest and request for discharge.
Advocate M.Bhadra
(Expert) 01 March 2012
Citation is required at the time of argument stage not now,in the case shopkeeper can defend the case to prove that he is innocent.
Sudhir Kumar, Advocate
(Expert) 01 March 2012
Agreed with Mr Arvind. I believe the sealed packet was not expiry dated.
Raj Kumar Makkad
(Expert) 01 March 2012
A shopkeeper selling the sealed goods intact received from manufacturer is also liable under PFA Act because (i) 4[ " adulterant" means any material which is or could be employed for the purposes of adulteration;]
(ia) 5[ ]" adulterated"-- an article of food shall be deemed to be adulterated-
(a) if a article sold by vendor is not of the nature, substance or quality demanded by the purchaser and is to his prejudice, or is not of the nature, substance or quality which it purports or is represented to be;
. Cl. (i) re- numbered as cl. (ia) thereof by s. 2, ibid. (w. e. f. 1- 4- 1976 ).
(b) if the article contains any other substance which affects, or if the article is so processed as to affect, injuriously the 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 the nature, substance or quality thereof;
(d) if any constituant of the article has been wholly or in part abstracted so as to affect injuriously the nature, substance or quality thereof;
(e) if the article has been prepared, packed or kept under insanitary conditions whereby it has become conta- minated or injurious to health;
(f) if the article consists wholly or, in part of any filthy putrid, 1[ rotten, decomposed or diseased animal or vegetable substance or is insect- infested or is otherwise unfit for human consumption;
(g) if the article is obtained from a diseased animal;
(h) if the article contains any poisonous or other ingredient which renders 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 its contents injurious to health;
(j) 2[ if any colouring matter other than that pres- cribed in respect thereof is present in the article, or if the amounts of the prescribed colouring matter which is present in the article are not within the prescribed limits of variability;]
(k) if the article contains any prohibited preservative or permitted preservative in excess of the prescribed limits;
(l) 8[ if the quality or purity of the article falls below the prescribed standard or its constituents are present in quantities not within the prescribed limits of variability which renders it injurious to health;
(m) if the quality or purity of the article fall. below the prescribed standard or its constituents are present in
quantities not within the prescribed limits of variability but which does not render it injurious to health: Provided that, where the quality or purity of the article, being primary food, has fallen below the prescribed standards or its constituents are present in quantities not within the prescribed limits of variability, in either case, solely due to natural causes and beyond the control of human agency, then, such article shall not be deemed to be adulterated within the meaning of this sub- clause. Explanation.- Where two or more articles of primary food are together and the resultant article of food- (a) is stored, sold or distributed under a name which denotes the ingredients thereof; and (b) is not injurious to health, then, such resultant article shall not be deemed to be adulterated within the meaning of this clause;]
Deepak Nair
(Expert) 01 March 2012
Sufficiently explained by Mr.Rajkumar Makkad
Shonee Kapoor
(Expert) 04 March 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
