The Food Safety and Standards Act, 2006

Chapter IX Offences and Penalties

48. General provisions relating to offences. -

1.      A person may render any article of food injurious to health by means of one or more of the following operations, namely:-

a.      adding any article or substance to the food;

b.     using any article or substance as an ingredient in the preparation of the food;

c.      abstracting any constituents from the food; or

d.     subjecting the food to any other process or treatment, with the knowledge that it may be sold or offered for sale or distributed for human consumption.

1.     

2.      In determining whether any food is unsafe or injurious to health, regard shall be had to-

a.     

              i.         the normal conditions of use of the food by the consumer and its handling at each stage of production, processing and distribution;

             ii.         the information provided to the consumer, including information on the label, or other information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food or category of foods not only to the probable, immediate or short-term or long-term effects of that food on the health of a person consuming it, but also on subsequent generations;

            iii.         to the probable cumulative toxic effects;

            iv.         to the particular health sensitivities of a specific category of consumers where the food is intended for that category of consumers; and

             v.         also to the probable cumulative effect of food of substantially the same composition on the health of a person consuming it in ordinary quantities;

a.    

b.     the fact where the quality or purity of the article, being primary food, has fallen below the specified standard or its constituents are present in quantities not within the specified 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 unsafe or sub-standard or food containing extraneous matter. Explanation.-For the purposes of this section, "injury", includes any impairment, whether permanent or temporary, and "injurious to health" shall be construed accordingly.

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