S.1 Short title, extent and commencement

       (1) This Act may be called the Prevention of Food Adulteration Act, 1954.
       (2) It extends to the whole of India 1[***].
       (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
        
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       1. The words “except the State of Jammu and Kashmir” omitted by Act 41 of 1971, sec. 2 (w.e.f. 26-1-1972).
       2. Came into force on 1-6-1955, vide S.R.O. 1085, dated 9th May, 1955, published in the Gazette of India, Pt. II, Sec. 3, p. 874, dated 21st May, 1955.
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S.2 Definitions

       In this Act unless the context otherwise requires,—
       1[(i) “adulterant” means any material which is or could be employed for the purposes of adulteration;]
       2[(ia)] “adulterated”—an article of food shall be deemed to be adulterated—
       (a) if the article sold by a 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;
       (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 fo

Legal Comments

• "Definition" - Section 2 as the central definitional provision; includes adulteration and misbranding concepts guiding prosecutions under the Act [Bhagat Ram VS State of Himachal Pradesh].

• "Complementarity of clauses" - Section 2(ia) sub-clauses (l), (m) work in complement with clause (f); no exclusionary effect between sub-clauses, aiding broader coverage of adulteration cases [Bhagat Ram VS State of Himachal Pradesh].

• "Insect infestation standard" - For Section 2(ia)(f), infestation alone is not enough; the article must be unfit for human consumption due to insects in large numbers to constitute adulteration [Bhagat Ram VS State of Himachal Pradesh].

• "Primary food considerations" - Proviso interplay: certain items outside primary foods may be exempt under 2(ia)(m) proviso; coriander powder noted as non-primary food in some rulings; applicability depends on primary food status [Abdul Wahab VS State], [Yousuf VS Food Inspector].

• "Sample admissibility and analysis" - Analysis chain (Public Analyst, CFL) and timing; delays and inconsistencies between PA and CFL reports can create reasonable doubt; on some facts, such variations warrant acquittal or doubt [Food Inspector VS Megh Raj Subhash Chander], [State VS Ashok Kumar Sharma], [State VS Chander Bhan Aggarwal].

• "Sale for analysis" - Sale as defined extends to sale to Food Inspector for analysis; a sale to a government analyst satisfies Section 2(xiii), enabling prosecution under the Act [PITABASA BISI VS STATE OF ORISSA], [Pitabasa Bisi VS State].

• "Section 13(2) and notice" - Non-compliance with 13(2) (service of notice for sample analysis) can vitiate proceedings or deprive rights, with mandatory nature stressed; delay or incorrect dates can still be non-prejudicial if no prejudice shown, but strict compliance is preferred [Beena Stores VS Food Inspector, Perumbavoor], [Ravi B. Parikh VS State Of Jharkhand], [Food Inspector, Kozhikode VS Indian Medical Practitioners Co-operative Pharmacy and Stores, Ltd. ].

• "Right to Central Food Laboratory" - Accused may request analysis by Central Food Laboratory; rights attached under Section 13(2), but prosecution timelines matter; failure to timely challenge may affect outcome [Pitabasa Bisi VS State], [Beena Stores VS Food Inspector, Perumbavoor].

• "Competency of Food Inspector" - Valid sampling relies on the inspector’s qualifications; lack of prescribed qualifications can render samples and proceedings unsustainable; critical safeguard for fair-trial integrity [State VS N. Amirthavel].

• "Misbranding and packaging" - Misbranding under Section 2(ix) and Rule 32(e) hinges on labeling requirements like batch/lot numbers; courts have scrutinized whether the Public Analyst acted within jurisdiction and whether allegations properly target responsible persons under Section 17 [MISBRANDED case summary, STATE OF H. P. VS PARTAP SINGH, Manu Seth, Managing Director, M/s Tata Chemicals Limited VS Food Inspector Through The Advocate General, State Of Punjab, Chandigarh].

• "Evidence of adulteration and proof burden" - For Section 2(1)(f) and related provisions, proof that the article is unfit for human consumption or that essential ingredients are missing is required; mere adulteration claims without fitness impact may fail; separate evidentiary standards apply for different sub-clauses [State of Kerala VS Subramonian], [The Public Prosecutor, High Court of Andhra Pradesh, Hyderabad VS Umedmall Gopalal].

• "Proviso applicability to primary foods" - Section 2(ia)(m) proviso applicability depends on whether the food is primary; some items like tea may be excluded; this affects liability scope for manufacturers and sellers [Food Inspector VS Shamsuddin], [P. P. Karunan,Kacheriparamba,Pappinisseri VS Food Inspector, Pappinisseri Panchayat, Pappinisseri, P. O. ].

• "Milk testing and freezing point" - Freezing point test cited as dependable method for milk standards under 2(ia)(m) proviso; method validation supports or defeats adulteration claims [P. P. Karunan,Kacheriparamba,Pappinisseri VS Food Inspector, Pappinisseri Panchayat, Pappinisseri, P. O. ].

• "Insect-infested vs. unfit for consumption" - Courts require correlation between infestation and unfitness; presence of insects alone may not be enough without showing unfitness for consumption; life-cycle considerations may guide analysis under Section 2(ia)/(f) [Bhagat Ram VS State of Himachal Pradesh], [Abdul Wahab VS State].

• "Provisions on secondary foods and exemptions" - Exemption provisions (proviso) attract only against primary foods; coriander powder and other items may be exempt from certain sub-clauses, shaping charges and defenses [Yousuf VS Food Inspector], [Abdul Wahab VS State].

• "Acquittal grounds due to delay or report issues" - Prosecution can be jeopardized by delays beyond reasonable ranges or inconsistent reports; courts frequently grant benefit of doubt or quash when procedural or evidentiary irregularities are pronounced [Food Inspector VS Megh Raj Subhash Chander], [State VS Chander Bhan Aggarwal].

• "Storage and sampling at shop premises" - Packets exposed in shop Almirah cannot automatically be treated as samples; proper sampling rules and chain of custody are required; mislabeling or improper sampling undermines charges [V. K. Srinivasan VS Food Inspector, Madurai Municipality, Madurai], [02100105712].

• "Analyst’s report sufficiency" - Public Analyst’s report must specify relevant standards (e.g., protein content, PFA Appendix B standards) or face sufficiency challenges; deficiencies can lead to quashing prosecutions [Ajaat Shatru VS State of Bihar].

• "Section 2(v) scope on salt and flavoring agents" - Salt and certain flavoring/anti-caking agents may be treated under food definition; Rule 43 labeling and related provisions govern misbranding and product composition; decisions discuss applicability to salt products and labeling requirements [Pb Anandam, Managing Director, Jakhu Salt Co. (P) Ltd. VS State Of Punjab].

• "Provisional penalties and minimum sentences" - Courts reiterate minimum sentences under 16(1)(a)(i) with limited discretion; exceptions may apply in special circumstances (e.g., Pan Masala saccharin case) to reduce minimums for deterrence reasons [Krishna Gopal Sharma VS Government of N. C. T. of Delhi].

• "Section 17 and day-to-day management" - For corporate prosecutions, proving nexus between accused directors and day-to-day affairs is necessary; mere being a director is not enough; right to sample re-analysis and timely notices depend on corporate involvement [RAM CHANDRA VS STATE OF U. P. ], [Hansraj Vallabhdas Mariwala VS State of Maharashtra].

• "Retail vs manufacturing liability" - Prosecution may span vendor, manufacturer, and seller; non-compliance by any responsible party can trigger liability, but proving responsibility requires evidence of involvement in day-to-day operations and compliance breaches [State by Public Prosecutor VS Rangasamy Naidu], [RAM CHANDRA VS STATE OF U. P. ].

• "Public labeling and batch tracking importance" - Batch numbers, lots, and traceability are pivotal for accountability; misbranding rulings stress batch/lot codes and traceability to distribution channels [MISBRANDED references, STATE OF H. P. VS PARTAP SINGH, NILGIRI TEA EMPORIUM VS DELHI ADMINISTRATION].

• "Milk-based and proprietary foods" - Proprietary foods and milk-based products face scrutiny under 2(ix), 2(i)(a), with rule-based standards and testing methods guiding prosecutions; some cases emphasize industry-specific considerations [Abdul Hameed Khan VS Muhammed Haneefa], [K. Jaya @ Kota Jayaramaiah VS State of Andhra Pradesh].

Note: The above points synthesize themes and outcomes from the provided sources. Where a source did not specify a particular facet of Section 2 (e.g., a precise penalty clause), that point was not included. References correspond to the sources with bracketed identifiers as requested.

S.2(a) Rule of construction

       Any reference in this Act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corre­sponding law, if any, in force in that State.]
        
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        1. Ins. by Act 41 of 1971, sec. 3 (w.e.f. 26-1-1972).

Legal Commentary on Section 2(a) of the Prevention of Food Adulteration Act, 1954

Introduction

Section 2(a) of the Prevention of Food Adulteration Act, 1954, provides the definition of "adulterated" food, which is central to the Act’s objective of preventing the sale and manufacture of unsafe or substandard food items. It lays down the broad parameters under which food items are considered adulterated, thereby enabling enforcement agencies to take action against violations.

What does Section 2(a)) Say?

Section 2(a) defines "adulterated" food as any article of food that:- Contains any filthy, putrid, rotten, decomposed, or diseased animal or vegetable substance,- Is insect-infested,- Is otherwise unfit for human consumption,- Or falls below prescribed standards or contains unpermitted additives or contaminants.

This comprehensive definition covers various forms of contamination and substandard qualities that compromise food safety.

Essential Ingredients

The essential ingredients of the definition include:- Presence of filth, rot, or disease,- Insect infestation,- Unfitness for human consumption,- Deviation from prescribed standards,- Addition of unpermitted substances or contaminants.

The ingredients emphasize both physical contamination and deviation from standards, reflecting a holistic approach to food safety.

Scope of Section

The scope of Section 2(a) is broad, covering:- All articles of food, including primary foods and processed items,- Situations of contamination due to filth, insects, or disease,- Cases where food falls below the prescribed standards or contains unpermitted substances,- Both manufactured and sold food items, including imported goods.

It provides the legal basis for classifying a wide range of food products as adulterated, facilitating regulatory action.

Punishment for Section

Violations of Section 2(a), i.e., selling or manufacturing adulterated food, attract penalties under the Act, including:- Imprisonment for a term which may extend to six months or more,- Fines which can extend to Rs. 1,000 or higher,- In certain cases, both imprisonment and fine,- Severe adulteration or repeat offenses may lead to higher penalties, including imprisonment up to life in extreme cases.

Legal Comments (Bullet Point Summary)

• "Definition Scope" - Section 2(a) broadly defines adulteration to include contamination, unfitness, and deviation from standards, covering physical, chemical, and biological adulteration. [Sources: "Food Inspector, Pattambi Circle VS K. P. Gokuldas", "Ashwani Raina VS State of Punjab"]
• "Insect Infestation" - Presence of insects alone can render food adulterated if it makes the food unfit for consumption, as per Supreme Court judgments. [Sources: "02100006661", "02100047313"]
• "Unfit for Human Consumption" - Food that is rotten, diseased, or insect-infested is deemed adulterated, emphasizing health risk over mere appearance. [Sources: "02100047313", "02100006661"]
• "Standards Deviation" - Falling below prescribed standards (e.g., fat content, purity) constitutes adulteration, requiring compliance with standards set by authorities. [Sources: "Food Inspector, Pattambi Circle VS K. P. Gokuldas", "V. K. Srinivasan VS Food Inspector, Madurai Municipality, Madurai"]
• "Addition of Unpermitted Substances" - Incorporation of unauthorized chemicals or dyes, such as orange coal-tar dye, qualifies as adulteration. [Sources: "Panchami, In re. VS . ", "Nandu VS State of Haryana"]
• "Rebuttable Presumption" - Section 2(a) creates a rebuttable presumption of adulteration when certain conditions are met; the burden shifts to the accused to prove otherwise. [Sources: "C. Janardhanan Nair VS A. Mohammadkunju", "STATE Of ORISSA VS NARASINGH MAHANTY"]
• "Inclusion of Insects" - Insect infestation, even if not deleterious, can render food adulterated based on the Supreme Court ruling in Municipal Corporation of Delhi v. Tek Chand Bhatia. [Sources: "02100006661"]
• "Unfitness for Consumption" - Food unfit due to filth, spoilage, or disease is automatically considered adulterated, reinforcing consumer safety. [Sources: "Panchami, In re. VS . ", "02100047313"]
• "Scope of Primary Food" - Certain foods like rice or suji are not primary foods and their contamination may not always fall under adulteration unless standards are violated. [Sources: "02100064653", "P. Raveendran Thampi, Food Inspector, Corporation of Trivandrum VS Sadasivan"]
• "Legal Evidence" - Evidence such as Public Analyst reports, sampling procedures, and compliance with Rules 17 and 18 are crucial in establishing adulteration. [Sources: "N. P. Selvaraj Nominee as represented by Company Pepsico India Holdings Private Ltd. VS A. Boopalan", "Sasi VS Food Inspector"]
• "Thresholds and Standards" - Deviation within permissible limits (e.g., sulphur dioxide in sugar) may not constitute adulteration, highlighting the importance of standards. [Sources: "Kandasami VS Food Inspector, Athoor"]
• "Chemical and Biological Contaminants" - Presence of harmful chemicals or biological contaminants like maganese carbonate or rat droppings are explicitly covered under the definition. [Sources: "Panchami, In re. VS . ", "02100047313"]
• "Insect Infestation" - Insect-infested food, even if not immediately harmful, is deemed adulterated, emphasizing preventive regulation. [Sources: "02100006661", "02100047313"]
• "Legal Burden" - The prosecution bears the burden of proving adulteration beyond reasonable doubt, including compliance with sampling and testing procedures. [Sources: "Sasi VS Food Inspector", "N. P. Selvaraj Nominee as represented by Company Pepsico India Holdings Private Ltd. VS A. Boopalan"]
• "Natural Causes" - The Act recognizes that natural causes beyond human control may cause deviations, but the burden is on the accused to prove such cases. [Sources: "C. Janardhanan Nair VS A. Mohammadkunju"]
• "Scope of Enforcement" - The section empowers authorities to seize, prosecute, and impose penalties for adulterated articles, including imported or packaged foods. [Sources: "Food Inspector VS Shamsuddin"]
• "Penalties" - Penalties under the Act range from fines to imprisonment, with severity depending on the nature of adulteration and harm caused. [Sources: ""]
• "Legal Safeguards" - Proper sampling, analysis, and adherence to procedural rules are essential for a valid prosecution under Section 2(a). [Sources: "N. P. Selvaraj Nominee as represented by Company Pepsico India Holdings Private Ltd. VS A. Boopalan", "Sasi VS Food Inspector"]
• "Relevance of Standards" - Food must meet prescribed standards; deviation from these standards, even if unintentional, can lead to conviction. [Sources: "Food Inspector, Pattambi Circle VS K. P. Gokuldas", "V. K. Srinivasan VS Food Inspector, Madurai Municipality, Madurai"]

This concise legal commentary underscores the broad and detailed scope of Section 2(a), highlighting the importance of standards, evidence, and procedural safeguards in the enforcement of the Prevention of Food Adulteration Act, 1954.

S.3 The Central Committee for Food Standards

       (1) The Central Government shall, as soon as may be after the commencement of this Act, constitute a Committee called the Central Committee for Food Standards to advise the Central Government and the State Governments on matters arising out of the administration of this Act and to carry out the other functions assigned to it under this Act.
       (2) The Committee shall consist of the following members, namely :—
       (a) the Director-General, Health Services, ex-officio, who shall be the Chairman;
       1[(b) the Director of the Central Food Laboratory or, in a case where more than one Central Food Laboratory is established, the Directors of such Laboratories, ex-officio;]
       (c) two experts nominated by the Central Government;
    

S.3(a) Appointment of Secretary and other staff

       (1) The Central Government shall appoint a Secretary, to the Committee who shall, under the control and direction of the Committee, exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Committee.
       (2) The Central Government shall provide the Committee with such clerical and other staff as that Government considers necessary.]
        
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        1. Ins. by Act 34 of 1976, sec. 4 (w.e.f. 1-4-1976).
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S.4 Central Food Laboratory

       1[(1) The Central Government shall, by notification in the Official Gazette, establish one or more Central Food Laboratory or Laboratories to carry out the functions entrusted to the Central Food Laboratory by this Act or any rules made under this Act:
       Provided that the Central Government may, by notification in the Official Gazette, also specify any laboratory or institute as a Central Food Laboratory for the purposes of this Act.]
       (2) The Central Government may, after consultation with the Committee, make rules prescribing—
       2[(a) the functions of a Central Food Laboratory and the local area or areas within which such functions may be carried out;]
       (b) the procedure for the submission to the said Laboratory of samples of articles of food for

S.5 Prohibition of import of certain articles of food

       No person shall import into India—
       (i) any adulterated food;
       (ii) any misbranded food;
       (iii) any article of food for the import of which a licence is prescribed, except in accordance with the conditions of the licence; and
       (iv) any article of food in contravention of any other provision of this Act or of any rule made thereunder.

S.6 Application of law relating to sea customs and powers of Customs Officers

       (1) The law for the time being in force relat­ing to sea customs and to goods, the import of which is prohibi­ted by section 18 of the Sea Customs Act, 1878 (8 of 1878), shall, subject to the provisions of section 16 of this Act, apply in respect of articles of food, the import of which is prohibited under section 5 of this Act, and officers of Customs and officers empowered under that Act to perform the duties imposed thereby on a 1[Commissioner of Customs] and other officers of Customs shall have the same powers in respect of such articles of food as they have for the time being in respect of such goods as aforesaid.
       (2) Without prejudice to the provisions of sub-section (1) the 1[Commissioner of Customs], or any officer of the Government authorised by the Central Government in this behalf, may detain any imported package which he suspects to contain any article of food the impor

S.7 Prohibitions of manufacture, sale, etc., of certain articles of food

       No person shall himself or by any person on his behalf manufacture for sale, or store, sell or distribute—
       (i) any adulterated food;
       (ii) any misbranded food;
       (iii) any article of food for the sale of which a licence is prescribed, except in accordance with the conditions of the licence;
       (iv) any article of food the sale of which is for the time being prohibited by the Food (Health) Authority 1[in the interest of public health;]2[***]
       (v) any article of food in contravention of any other provision of this Act or of any rule made thereunder; 3[or]
       3[(vi) any adulterant.]
       3[Explanation.—For the purpo

S.8 Public Analysts

       The Central Government or the State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications to be public analysts for such local areas as may be assigned to them by the Central Government or the State Government, as the case may be:
       Provided that no person who has any financial interest in the manufacture, import or sale of any article or food shall be appointed to be a public analyst under this section:]
       2[Provided further that different public analysts may be appointed for different articles of food.]
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        1. Subs. by Act 49 of 1964, sec. 5, for section 8 (w.e.f. 1-3-1965).
        2. Ins. by Act 3

S.9 Food Inspectors

       (1) The Central Government or the State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications to be food inspectors for such local areas as may be assigned to them by the Central Government or the State Government, as the case may be:
       Provided that no person who has any financial interest in the manufacture, import or sale of any article of food shall be appointed to be a food inspector under this section.
       (2) Every food inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860) and shall be officially subordinate to such authority as the Government appointing him, may specify in this behalf.]
        
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S.10 Powers of food inspectors

       (1) A food inspector shall have power—
       (a) to take samples of any article of food from—
       (i) any person selling such article;
       (ii) any person who is in the course of conveying, delivering or preparing to deliver such article to a purchaser or consignee;
       (iii) a consignee after delivery of any such article to him; and
       (b) to send such sample for analysis to the public analyst for the local area within which such sample has been taken;
       1[(c) with the previous approval of the Local (Health) Authority having jurisdiction in the local area concerned, or with the previous approval of the Food (Health) Authority, to prohibit the sale of any article of

S.11 Procedure to be followed by food inspectors

       1[(1) When a food inspector takes a sample of food for analysis, he shall—
       (a) give notice in writing then and there of his intention to have it so analysed to the person from whom he has taken the sample and to the person, if any, whose name, address and other particulars have been disclosed under section 14A;
       (b) except in special cases provided by rules under this Act, divide the sample then and there into threes parts and mark and seal or fasten up each part in such a manner as its nature per­mits and take the signature or thumb impression of the person from whom the sample has been taken in such place and in such manner as may be prescribed:
        Provided that where such person refuses to sign or put his thumb impression the food inspector shall call upon one or more witnesses and t

S.12 Purchaser may have food analysed

       Nothing contained in this Act shall be held to prevent a purchaser of any article of food other than a food inspector 1[or a recognised consumer association, whether the purchaser is a member of that association or not, ] from having such article analysed by the public analyst on payment of such fees as may be prescribed and from receiving from the public analyst a report of his analysis:
       Provided that 2[such purchaser or recognised consumer association shall inform the vendor at the time of purchase of his or its intention] to have such article so analysed:
       Provided further that the provisions of sub-section (1), sub-section (2) and sub-section (3) of section 11 shall, as far as may be, apply to a 2[purchaser of article of food or recognised consumer association who or which instends] to have such articles so analysed, as they apply to

S.13 Report of public analyst

       1[(1) The public analyst shall deliver, in such form as may be prescribed, a report to the Local (Health) Authority of the result of the analysis of any article of food submitted to him for analysis.
       (2) On receipt of the report of the result of the analysis under sub-section (1) to the effect that the article of food is adulterated, the Local (Health) Authority shall, after the institution of prosecution against the persons from whom the sample of the article of food was taken and the person, if any, whose name, address and other particulars have been disclosed under section 14A, forward, in such manner as may be prescribed, a copy of the report of the result of the analysis to such person or persons, as the case may be, informing such person or persons that if it is so desired, either or both of them may make an application to the court within a period of ten days from the date o

Legal Commentary on Section 13 of the Prevention of Food Adulteration Act, 1954

Introduction

Section 13 of the Prevention of Food Adulteration Act, 1954 (PFA Act) lays down the procedures and mandatory requirements for the collection, analysis, and reporting of food samples suspected of adulteration. It forms the backbone of the legal process for prosecuting adulteration offences, ensuring procedural safeguards for the accused and reliability of evidence.

What does Section 13 Say

Section 13 prescribes the following key provisions:- The procedure for collecting samples of food articles suspected of adulteration.- The requirement for analysis by a Public Analyst or a Central Food Laboratory.- The obligation to serve notices to the accused regarding the analysis and findings.- The provisions for superseding or superseding reports by the Director of the Central Food Laboratory.- The rights of the accused to get the sample analyzed by the Central Food Laboratory upon request.- The mandatory nature of certain provisions, failure of which can invalidate prosecutions.

Essential Ingredients

• Sample Collection: Food samples must be collected lawfully by authorized officers.
• Analysis by Public Analyst: Samples are analyzed by a designated Public Analyst or, upon request, by the Central Food Laboratory.
• Notice to Accused: The accused must be served a notice of the analysis report, including the right to get the sample re-analyzed.
• Reporting: The Public Analyst’s report must be prepared, mentioning specific details such as the date of analysis.
• Superseding Reports: The report of the Director of the Central Food Laboratory supersedes the Public Analyst’s report.
• Timely Proceedings: Prosecution must be initiated within prescribed timelines, and delays can vitiate the process.
• Admissibility of Evidence: Reports must be relevant, admissible, and obtained in accordance with procedural safeguards.

Scope of Section

• It applies to all prosecutions under the PFA Act concerning adulterated food.
• It governs the procedural conduct of sample collection, analysis, reporting, and legal proceedings.
• It emphasizes the mandatory nature of serving notices and timely analysis.
• It provides rights to the accused to demand analysis from the Central Food Laboratory.
• It ensures the integrity and reliability of evidence used in trials.

Punishment for Section Violations

Violations of Section 13, such as non-compliance with mandatory procedures, can lead to:- Dismissal of prosecutions if procedural requirements are not met.- Acquittal of accused due to invalid evidence or procedural lapses.- Penalties for adulteration as per the substantive provisions of the Act, which may include imprisonment and fines.

Legal Comments

• "Mandatory provisions" - Section 13(2) and related rules are mandatory; non-compliance vitiates the prosecution - [02100004607].
• "Service of notice" - Proper service of notice to the accused regarding analysis report is essential; delay or omission can lead to acquittal - [P. Ponnu Reddiar VS Food Inspector, Madurai Corporation], [State by Public Prosecutor VS Dhanakodi].
• "Right to analysis" - The accused has the right to demand analysis from the Central Food Laboratory; refusal or delay affects the fairness of trial - [K. R. Gopinathan Nair, Food Inspector, Kottayam Municipality VS T. N. Ittyavirah], [George Kutty VS State of Kerala].
• "Superseding reports" - The report from the Director of the Central Food Laboratory supersedes the Public Analyst’s report and is conclusive - [George Joseph VS Food Inspector].
• "Timely institution of prosecution" - Prosecution must be initiated within the shelf life of the food sample; delays can invalidate proceedings - [02100043471].
• "Analysis methodology" - The analysis should be scientifically valid; microscopic methods alone may be inadequate unless supported by chemical tests - [Food Inspector VS Vidhyadharan].
• "Delay in sending reports" - Sending the Public Analyst’s report after a delay of 20 days or more can be fatal unless no prejudice is caused - [02100052267], [Panchami, In re. VS . ].
• "Non-mention of Court name" - Errors such as wrong Court name in notices do not necessarily vitiate proceedings if no prejudice is caused - [Mohammed Kunji VS Food Inspector].
• "Non-compliance with procedural steps" - Non-compliance with mandatory procedural steps, such as serving notices or timely analysis, leads to vitiation of trial - [Ravi B. Parikh VS State Of Jharkhand], [P. Ponnu Reddiar VS Food Inspector, Madurai Corporation].
• "Analysis of samples" - Tests must be scientifically adequate; reliance solely on microscopic examination is insufficient - [Food Inspector VS Vidhyadharan].
• "Certificate from Central Food Laboratory" - The certificate issued by the Central Food Laboratory is conclusive and supersedes the Public Analyst’s report - [George Joseph VS Food Inspector].
• "Admissibility of reports" - Reports from Public Analysts and Central Food Laboratories are admissible as substantive evidence if properly obtained - [Food Inspector VS A. G. Suvarna].
• "Non-mention of case number" - Absence of case number in notices does not necessarily invalidate proceedings if no prejudice is shown - [Food Inspector VS Velayudhan].
• "Delay in service of notices" - Delays beyond two months in serving notices under Section 13(2) can invalidate prosecution if they cause prejudice - [Perumal , In re. VS . ].
• "Analysis methodology" - The method of analysis should be appropriate; reliance solely on microscopic analysis is inadequate unless corroborated by chemical tests - [Food Inspector VS Vidhyadharan].
• "Legal rights of accused" - The accused’s right to have the sample analyzed by the Central Food Laboratory must be respected; non-compliance affects the case - [02100004607].
• "Filing of complaint" - Complaint must be filed after taking cognizance and issuing summons; filing before that is invalid - [P. Raveendran Thampi, Food Inspector, Corporation of Trivandrum VS Sadasivan].
• "Procedural safeguards" - Procedural safeguards under Section 13(2) are designed to ensure fair trial; breach leads to acquittal - [02100004607], [State by Public Prosecutor VS Dhanakodi].
• "Penalties for procedural violations" - Violations of procedural provisions can lead to the quashing of prosecutions, emphasizing the importance of strict compliance - [Ravi B. Parikh VS State Of Jharkhand].

This commentary synthesizes legal principles from various case references and authoritative interpretations to elucidate the significance, scope, and procedural safeguards embedded within Section 13 of the Prevention of Food Adulteration Act, 1954.

S.14(a) Vendor to disclose the name, etc., of the person from whom the article of food was purchased

       Every vendor of an article of food shall, if so required, disclose to the food inspector the name, address and other particulars of the person from whom he purchased the article of food.]
        
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        1. Subs. by Act 49 of 1964, sec. 7, for section 14 (w.e.f. 1-3-1965).

S.14 Manufacturers, distributors and dealers to give warranty

       No 2[manufacturer or distributor of, or dealer in] any article of food shall sell such article to any vendor unless he also gives a warranty in writing in the prescribed form about the nature and quality of such article to the vendor:
       3[Provided that a bill, cash memorandum or invoice in respect of the sale of any article of food given by a manufacturer or distributor of, or dealer in, such article to the vendor thereof shall be deemed to be a warranty given by such manufacturer, distributor or dealer under this section.]
       Explanation.—In this section, in sub-section (2) of section 19 and in section 20A, the expression “distributor” shall include a commission agent.]
        
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S.15 Notification of food poisoning

       1[The Central Government or the State Government] may, by notification in the Official Gazette, require medical practitioners carrying on their profession in any local area specified in the notification to report all occurrences of food poisoning coming within their cognizance to such officer as may be specified in the notification.
        
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        1. Subs. by Act 49 of 1964, sec. 8, for “The State Government” (w.e.f. 1-3-1965).
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S.16(a) Power of court to try cases summarily

       Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under sub-section (1) of section 16 shall be tried in a summary way by a Judicial Magistrate of the first class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial:
       Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the magistrate to pass a sentence of imprisonment for a term not exceeding one year:
       Provided further that when at the commencement of, or in the course of, a summary trial under this section it appears to the magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one yea

S.16 Penalties

       1[2[(1) Subject to the provisions of sub-section (1A) if any person—
       (a) whether by himself or by any other person on his behalf, imports into India or manufactures for sales or stores, sells or distributes any article of food—
       (i) which is adulterated within the meaning of sub-clause (m) of clause (ia) of section 2 or misbranded within the meaning of clause (ix) of that section or the sale of which is prohibited under any provision of this Act or any rule made thereunder or by an order of the Food (Health) Authority;
       (ii) other than an article of food referred to in sub-clause (i), in contravention of any of the provisions of this Act or of any rule made thereunder; or
       (b) whether by himself or by any other person on his behalf, imports

Legal Commentary on Section 16 of the Prevention of Food Adulteration Act, 1954

Introduction

Section 16 of the Prevention of Food Adulteration Act, 1954, prescribes penalties for various offences related to food adulteration, misbranding, and obstruction of authorized officers. It forms the core legal provision empowering authorities to prosecute and punish offenders to safeguard public health and consumer interests.

What does Section 16 Say

Section 16 delineates the penalties for offences under the Act, including selling adulterated or misbranded food, obstructing Food Inspectors, and other violations. It specifies the nature of punishments, including imprisonment, fines, and summary trial procedures, along with provisions for repeat offences.

Essential ingredients

• Sale or storage of adulterated/misbranded food or articles.
• Obstruction or prevention of Food Inspector in performing duties.
• Non-compliance with statutory requirements like labeling, packaging, or sampling procedures.
• The presence of adulteration or misbranding as established through analysis.
• Proper sanction and adherence to procedural safeguards.

Scope of Section 16

Section 16 covers a broad spectrum of offences related to food adulteration, including:- Sale, storage, or possession of adulterated food for sale.- Misbranding or false labeling.- Obstruction of authorized officers.- Failure to comply with procedural rules like sample collection and notification.- Repeated offences and subsequent penalties.

Punishment for Section 16

• Imprisonment which may extend to six months or more, depending on the offence.
• Fine, which can vary from a few hundred to several thousand rupees.
• Both imprisonment and fine can be imposed cumulatively.
• Summary trials are permissible under certain provisions (Section 16A).
• Penalties may be enhanced for repeat offenders (Section 16(2)).

Legal Comments

• "Offence" - Sale or possession of adulterated or misbranded food constitutes an offence under Section 16, with penalties including imprisonment and fines [SHER SINGH VS STATE OF HIMACHAL PRADESH].

• "Obstruction" - Preventing Food Inspector from performing sampling or other duties amounts to an offence under Section 16(1)(c), emphasizing the importance of cooperation with statutory authorities [State of Kerala VS Mariam].

• "Procedural compliance" - Strict adherence to sampling procedures, notification, and sanctioning is essential; violations can lead to acquittal, as procedural lapses vitiate prosecution [Rajesh Kumar Agarwal VS State Of Jharkhand].

• "Sample analysis" - The reliability of food analysis, including tests like chromatography, is crucial; doubts about the sufficiency of tests can lead to acquittal, but non-compliance with testing protocols can result in conviction [Balmukand Singh VS State Of Punjab].

• "Sanction requirement" - Sanction from the competent authority under Section 16(1-A) is mandatory for prosecution; lack of proper sanction invalidates proceedings [SHER SINGH VS STATE OF HIMACHAL PRADESH].

• "Obstruction" - Verbal prevention or hindrance of Food Inspector's duties, including running away upon signal, is punishable under Section 16(1)(b) and (c) [Perumal Konar, In re. VS . ].

• "Sentence" - Courts have the discretion to reduce sentences considering the duration of trial, age, and circumstances of the accused; however, minimum sentences prescribed by law must generally be upheld [Suresh Kumar VS State Of Haryana].

• "Repeat offences" - Section 16(2) provides for enhanced penalties for subsequent offences, emphasizing deterrence .

• "Misbranding" - Selling misbranded food, such as lacking proper labeling or expiry date, falls under offences punishable under Section 16, with courts emphasizing compliance with Rule 32 of the PFA Rules [01800029186].

• "Offences by companies" - Under Section 17, corporate entities can be prosecuted, and penalties can extend to fines and forfeiture of property .

• "Summary trials" - Section 16A enables summary trials for offences under Section 16, streamlining prosecution and emphasizing speedy justice .

• "Prosecution procedure" - Proper service of notice, compliance with formalities like notification, and valid sanction are prerequisites; violations can lead to quashing of proceedings [Chandu Lal V. Raja And Jogesh Kumar Raja VS State Of Jharkhand And Mr. Mahesh Pandey].

• "Legal safeguards" - The law mandates safeguards such as independent witnesses, proper sample handling, and verification of analysis reports; lapses can be grounds for acquittal [Tirath Ram VS State of Punjab].

• "Obstruction and interference" - Any overt act preventing or hindering Food Inspector’s duties, including running away or denying access, constitutes an offence [The Public Prosecutor, High Court of Andhra Pradesh, Hyderabad VS Thalluri Sambasiva Rao].

• "Repeat offences" - Section 16(2) stipulates that subsequent offences can attract stricter penalties, reinforcing the deterrent aspect of the law .

• "Prosecution validity" - Proper sanction, adherence to procedural rules, and valid collection and analysis of samples are essential; non-compliance can lead to acquittal or quashing of proceedings [Rajesh Kumar Agarwal VS State Of Jharkhand].

• "Legal interpretation" - Courts have emphasized that procedural irregularities, if not causing prejudice, may not necessarily invalidate convictions, but violations of mandatory provisions like sanctions are fatal [STATE OF H. P. VS SITA RAM].

• "Right to speedy trial" - Excessively delayed trials, especially over decades, can violate the accused’s constitutional right to a fair and speedy trial, leading courts to reduce sentences or quash proceedings [Harvinder Singh VS State Of Haryana].

Conclusion

Section 16 of the Prevention of Food Adulteration Act, 1954, provides a comprehensive framework for penalizing various offences related to food adulteration and misbranding. Strict compliance with procedural safeguards, proper sampling, analysis, and sanctions are critical for a successful prosecution. Judicial discretion allows for leniency considering circumstances, but the law aims to uphold public health through deterrent penalties.

• Cases and legal principles summarized from various judgments and legal commentaries [STATE OF H. P. VS BALRAJ KHOSLA], [Jaykal Exports Ltd. VS N. C. T. of Delhi], [Balmukand Singh VS State Of Punjab], [Tirath Ram VS State of Punjab], [STATE OF H. P. VS SITA RAM], [Ramanjaneyulu VS K. M. Malloji Rao and another], [State of Haryana VS Girdhari Lal], [State of Rajasthan VS Hira Lal], [State of Gujarat VS Sureshchandra Revtilal Sharma], [Food Inspector, Calient Corporation VS Chamu], [Rajesh Kumar Agarwal VS State Of Jharkhand], [SHER SINGH VS STATE OF HIMACHAL PRADESH], [Harvinder Singh VS State Of Haryana], [City Corporation of Trivandrum VS K. J. Mathew], [The Public Prosecutor VS Sengammal], [Chandu Lal V. Raja And Jogesh Kumar Raja VS State Of Jharkhand And Mr. Mahesh Pandey], [], [Rajeev Jain VS State of H. P. ], [Chinnasamy VS Food Inspector, Perundurai Town Panchayat], [Food Inspector, Guruvayoor VS Gopalan], [B. S. D. Nagaraju VS State].

Note: The analysis reflects the principles derived from the provided case summaries and legal sources, emphasizing the importance of procedural compliance, evidence reliability, and judicial discretion in prosecutions under Section 16 of the Prevention of Food Adulteration Act, 1954.

S.17 Offences by companies

       (1) Where an offence under this Act has been committed by a company —
       (a) (i) the person, if any, who has been nominated under sub-section (2) to be in charge of, and responsible to, the company for the conduct of the business of the company (hereafter in this section referred to as the person responsible), or
       (ii) where no person has been so nominated, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company; and
       (b) the company,
       shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
       Provided that nothing contained in this sub-section shall

Legal Commentary on Section 17 of the Prevention of Food Adulteration Act, 1954

Introduction

Section 17 of the Prevention of Food Adulteration Act, 1954, primarily addresses offences committed by companies and other corporate entities concerning food adulteration. It establishes the liability of the company and its responsible persons, including directors, managers, or officers, for offences committed under the Act. The section provides a framework for prosecuting corporate entities and their responsible individuals, emphasizing the importance of nominations, responsible conduct, and vicarious liability.

What does Section 17 Say

Section 17 delineates the liability of companies and their officers for offences under the Act:- Subsection (1): When an offence is committed by a company, it shall be deemed guilty and liable to prosecution and punishment.- Subsection (2): A company may nominate any of its directors or managers to be responsible for the conduct of its business, and such nomination must be communicated to the authorities.- Subsection (4): If the offence was committed with the consent, connivance, or neglect of any director, manager, secretary, or officer, they can also be prosecuted.

Essential Ingredients

• Liability of the Company: The company itself is deemed guilty if an offence under the Act is committed.
• Nomination of Responsible Person: The company must nominate a person in charge to be prosecuted in case of offences.
• Communication of Nomination: The nomination must be communicated to the authorities, typically via Form VIII.
• Vicarious Liability: Officers, directors, or managers can be prosecuted if the offence was committed with their consent, connivance, or neglect.
• Responsibility and Control: The responsible person must be in charge of and responsible for the conduct of the company's business at the time of offence.

Scope of Section

• Corporate Liability: The section makes the company liable for offences related to food adulteration.
• Liability of Responsible Persons: It extends liability to nominated persons, officers, directors, or managers responsible for the company's conduct.
• Prosecution Procedure: The law requires proper nomination, communication, and proof of responsibility before proceedings.
• Vicarious Liability: It emphasizes that liability can extend beyond the company to individuals if they were in charge and responsible for the offence.
• Legal Interpretation: The section's provisions have been interpreted to require specific averments about the conduct and responsibility of individuals, not mere membership or directorship.
• Amendments and Judicial Clarifications: Post-1976 amendments clarified the procedure for prosecuting companies and responsible individuals, emphasizing the importance of valid nominations.

Punishment for Section 17 Offences

• Penalties: Penalties include imprisonment for a minimum of three years, with the possibility of extending to more severe punishments, along with fines [Section 16].
• Liability of Officers: Officers or responsible persons found guilty can be imprisoned or fined, depending on the offence.
• Vicarious Liability: The law imposes liability on individuals who were in charge or responsible at the time of the offence, especially if negligence or connivance is established.

Legal Comments

• Liability of Companies - The section makes the company primarily liable for offences committed under the Act, emphasizing the importance of nominations and communication to authorities [Section 17(1)].
• Responsibility of Nominee - Only the person nominated under Section 17(2) and properly communicated can be prosecuted; mere membership or directorship is insufficient without proof of conduct or responsibility [Para 5, 17(2)].
• Vicarious Liability - Officers or directors can be held liable if the offence was committed with their consent, connivance, or neglect, but mere membership is inadequate [G. Therton v. Calcutta Municipality].
• Prosecution Procedure - Proper nomination, communication, and proof of responsibility are mandatory; invalid or uncommunicated nominations lead to quashing of proceedings [Para 5, 17(2)].
• Role of Responsible Officers - The responsible person must be in charge of and responsible for the conduct of the company's business at the time of offence; mere presence or membership does not suffice [Manibai v. State of Maharashtra].
• Amended Provisions - The 1976 amendments clarified that initial proceedings should target the nominated responsible person, and other officers can be prosecuted only if negligence or connivance is proved [Para 14].
• Legal Precedents - Courts have consistently held that liability extends only to those in charge and responsible for the conduct of the business, not mere members or directors without proof of responsibility [G. Therton, Calicut Corporation].
• Prosecution Against Partners - Partners or agents can be prosecuted if responsible for the offence, but not solely based on membership or general authority [Manibai case].
• Quashing of Proceedings - Proceedings against persons not shown to be in charge or responsible, or where proper nominations are not proved, are liable to be quashed [Para 5, 17(4)].
• Responsibility and Control - The law requires proof that the accused was in charge and responsible for the conduct of the offence; mere association or membership is insufficient [Section 17(4)].
• Legal Interpretation of “In Charge” - The courts interpret “in charge” as exercising overall control and responsibility over the business operations at the relevant time [G. Therton].
• Responsibility at the Time of Offence - Only persons responsible at the time of offence, as per nomination and control, can be prosecuted; subsequent or prior responsibility is irrelevant [Para 11].
• Responsibility of Directors/Nominees - Proper nomination and communication are essential; invalid nominations or non-communication lead to proceedings being quashed [Para 5, 17(2)].
• Scope of Vicarious Liability - The law restricts vicarious liability to those who were in charge and responsible, not mere members or directors without proof of conduct or negligence [Para 14].
• Legal Safeguards - The courts emphasize the importance of procedural correctness, proper pleadings, and proof of responsibility before proceeding against individuals [Para 17].

Conclusion

Section 17 of the Prevention of Food Adulteration Act, 1954, establishes a clear framework for holding companies and responsible officers liable for offences related to food adulteration. The law mandates proper nominations, communication, and proof of responsibility, emphasizing that liability extends only to those in charge and responsible at the time of offence. Judicial decisions consistently reinforce the necessity of specific averments and proof of conduct, responsibility, and negligence, ensuring that proceedings are just and procedurally sound.

• Various case law interpretations from the sources provided, including judgments and legal principles laid down by courts, especially the Supreme Court and High Courts, emphasizing procedural correctness and responsibility requirements under Section 17.

S.18 Forfeiture of property

       Where any person has been convicted under this Act for the contravention of any of the provisions of this Act or of any rule thereunder, the article of food in respect of which the contravention has been committed may be forfeited to the Government:
       1[Provided that where the court is satisfied that the article of food is capable of being made to conform to prescribed standards for human consumption after reprocessing, the court may order the article of food to be returned to the owner, on his executing a bond with or without sureties, for being sold, subject to the other provisions of this Act, after reprocessing under the supervision of such officer as may be specified therein.]
        
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        1. Ins. by Act 34 of 1976, sec.

S.19 Defences which may or may not be allowed in prosecutions under this Act

       (1) It shall be no defence in a prosecution for an offence pertaining to the sale of any adulterated or misbranded article of food to allege merely that the vendor was ignorant of the nature, substance or quality of the food sold by him or that the purchaser having purchased any article for analysis was not prejudiced by the sale.
       1[(2) A vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded article of food if he proves—
       (a) that he purchased the article of food—
       (i) in a case where a licence is prescribed for the sale thereof, from a duly licensed manufacturer, distributor or dealer,
       (ii) in any other case, from any manufacturer, distributor or dealer,
    &n

S.20(a) Application of the Probation of Offenders Act, 1958 and section 360 of the Code of Criminal Procedure, 1973

       Nothing contained in the Probation of Offenders Act, 1958 (20 of 1958), or section 360 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to a person convicted of an offence under this Act unless that person is under eighteen years of age.]
        
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        1. Ins. by Act 34 of 1976, sec. 18 (w.e.f. 1-4-1976).
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S.20 Cognizance and trial of offences

       (1) 1[No prosecution for an offence under this Act, not being an offence under section 14 or section 14A] shall be instituted except by, or with the written consent of, 2[the Central Government or the State Government 3[***] or a person authorised in this behalf, by general or special order, by the Central Government or the State Government 3[***] ]:
       Provided that a prosecution for an offence under this Act may be instituted by a purchaser 4[or recognised consumer association] referred to in section 12, 5[if he or it produces] in court a copy of the report of the public analyst alongwith the complaint.
       6[(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.
       (3) Notwithstanding anything contained in the Code

S.21 Magistrate’s power to impose enhanced penalties

       Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate or any Judicial Magistrate of the first class to pass any sentence authorised by this Act, except a sentence of imprisonment for life or for a term exceeding six years, in excess of his powers under the said section.]
        
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        1. Subs. by Act 34 of 1976, sec. 19, for section 21 (w.e.f. 1-4-1976).
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S.22(a) Power of Central Government to give directions

       The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution of all or any of the provisions of this Act and the State Government shall comply with such directions.]
        
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        1. Ins. by Act 34 of 1976, sec. 20 (w.e.f. 1-4-1976).

S.22 Protection of action taken in good faith

       No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.

S.23 Power of the Central Government to make rules

       1[(1) The Central Government may, after consultation with the Committee and after previous publication by notification in the Official Gazette, make rules to carry out the provisions of this Act:
       Provided that consultation with the Committee may be dispensed with if the Central Government is of the opinion that circumstances have arisen which render it necessary to make rules without such consultation, but, in such a case, the Committee shall be consulted within six months of the making of the rules and the Central Government shall take into consideration any suggestions which the Committee may make in relation to the amendment of the said rules.]
       2[(1A)] 3[In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—]
    &nbs

S.24 Power of the State Government to make rules

       (1) The State Government may, after consultation with the Committee and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act in matters not falling within the purview of section 23.
       (2) In particular, and without prejudice to the generality of the foregoing power, such rules may—
       (a) define the powers and duties of the Food (Health) Authority, 1[local authority and Local (Health) Authority under this Act]; 2[***]
       (b) prescribe the forms of licences for the manufacture for sale, for the storage, for the sale and for the distribution of articles of food or any specified article of food or class of articles of food, the form of application for such licences, the conditions subject to which such licences may be issued, th

S.25 Repeal and Saving

       (1) If, immediately before the commencement of this Act, there is in force in any State to which this Act extends any law corresponding to this Act, that corresponding law shall upon such commencement stand repealed.
       (2) Notwithstanding the repeal by this Act of any corresponding law, all rules, regulations and bye-laws relating to the prevention of adulteration of food, made under such corresponding law and in force immediately before the commencement of this Act shall except where and so far as they are inconsistent with or repugnant to the provisions of this Act, continue in force until altered, amended or repealed by rules made under this Act.
        
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       1. In its application to the State of Jammu and Kashmir in section