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This is an archive article published on April 15, 2005

Life sentence for adulteration in new food law

The integrated food law, that would replace multiple legislation on food standards, imposes life imprisonment in case of death due to adulte...

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The integrated food law, that would replace multiple legislation on food standards, imposes life imprisonment in case of death due to adulteration.

The proposed Food Safety and Standards Bill of 2005 gives more rights to consumers by providing for imprisonment as penalty for unsafe food—whether it causes illness or not.

It starts from a year’s imprisonment and Rs 1 lakh fine in the cases in which unsafe food does not result in illness and a life imprisonment and Rs 10 lakh fine when it leads to death.

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In contrast, the Health Ministry had suggested that food that causes death or harm to a person’s body should come under Section 320 of the Indian Penal Code with imprisonment not less than three years but extendable to life term and a fine of Rs 40,000 or more.For sub-standard food items that do not conform to the prescribed standards but are not unsafe, the manufacturer or distributor would have to pay a fine up to Rs 5 lakh.

But penalties for misbranded foods are being proposed at a maximum of Rs 3 lakh if no illness is caused. If the food item is injurious to health, penalties have been fixed on the lines of unsafe food.

The proposed bill fixes the responsibility on the food business operators to ensure that food material imported, produced, processed, manufactured or distributed are not adulterated or sub-standard.

Existing laws are more regulatory in nature and the government has to chase the industry to ensure standards on food, safety and public health are adhered to.

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The Group of Ministers, headed by Agriculture Minister Sharad Pawar, met last week to approve ‘‘more logical, graded and easy-to-apply’’ penalties, said sources.

The law is aimed at raising the quality and safety of food products that are either manufactured, produced, supplied or ready-to-serve. This would also ensure that the domestic industry taps the export market. About 35 per cent of the country’s food products are adulterated. The proposed law also plans to ban the direct use of insecticides on articles of food except fumigants registered and recommended under the Insecticides Act of 1968.

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