FOOD ADULTERATION-RELATED PROVISIONS IN INDIA

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Context:

The recent controversy over Tirumala Tirupati Devasthanam (TTD) and its ghee supplier has raised serious concerns regarding Food Adulteration.

About Food Adulteration

Food adulteration is defined as adding or removing elements that alter the natural content and quality of food. This can result in lower quality and potential health risks for customers.

Types of Food Adulteration
Intentional Adulteration	Intentional adulteration is the planned addition of inferior ingredients to food products to increase quantity and profit. This type of adulteration is motivated by economic considerations and involves: Mixing substandard or hazardous materials. For example, adding water to milk, combining chalk powder and flour, or applying artificial colours to fruits and vegetables to improve their appearance. Replacing high-quality ingredients with less expensive substitutes, such as using synthetic milk instead of milk or adding starch to butter. Non-food ingredients such as dyes, chemicals, or preservatives are not allowed in food.
Unintentional Adulteration	Unintentional adulteration is observed when food is produced, handled, or stored negligently, without sufficient facilities, or out of unawareness. This type of adulteration involves: Foreign contaminants, such as dust, soil, or insects, are accidentally introduced into food during processing. Pesticides, fertilisers, and other agricultural chemicals are left on food items. Moisture, bugs, and other environmental variables can all affect food quality.

Common Reason behind Food Adulteration

Producing and supplying to boost profit margins. Intense market competition may lead to enterprises taking shortcuts and using adulterants to offer lower costs.

Food safety rules are not always enforced strongly. Food adulteration continues due to insufficient resources and infrastructure for routine inspections and monitoring.

Many customers are unaware of the potential adulterants in their food and the health hazards that come with them. Similarly, some providers may not be entirely aware of the negative consequences of adulteration.   

Common Adulterants
Chemical Adulterants	Artificial colouring and preservatives are used to improve food items' appearance and shelf life. However, they can lead to health problems such as allergies, hyperactivity in youngsters, and even cancer. Formalin, potassium bromate, lead, and mercury are some of the toxic chemicals utilised that can cause cancer, kidney damage, and neurological issues.
Biological Adulterants	Microbial contamination involves the presence of dangerous bacteria, viruses, or fungi in food. It can happen when food is improperly handled, stored, or processed. Salmonella, E. coli, and Listeria are common bacteria that can cause foodborne illness.
Physical Adulterants	Foreign Matter indicates the presence of non-food things such as dirt, stones, and debris. These contaminants can enter food at several phases of manufacture and handling. Combining lower-quality grains, spices, or other food ingredients with higher-quality ones to enhance volume and weight.

Impact of Food Adulteration

• Consuming contaminated food can result in food poisoning, gastrointestinal infections, and other serious health problems.
• Consuming contaminated food regularly can lead to chronic health problems such as cancer, liver and kidney damage, heart disease, and neurological disorders. For example, toxic substances such as pesticides, artificial colours, and preservatives can cause cancer.
• When consumers lose faith in the safety and quality of food items, market demand drops, affecting the entire food business.
• Food adulteration may disturb market stability by promoting unfair competition. Genuine producers may experience losses due to the availability of less expensive, contaminated alternatives.

Laws and regulations to combat food adulteration

Initially, various state laws governed food quality, but variations among states led to centralised legislation, the Prevention of Food Adulteration Act of 1954. However, the law was later repealed and replaced by the Food Safety and Standards Act 2006 (FSSA).

The Food Safety and Standards Act 2006 (FSSA) governs food safety in India. It integrated multiple food safety legislation and established the Food Safety and Standards Authority of India (FSSAI). The key provisions include:

• All food business owners must get a licence or register with the FSSAI.
• The FSSAI establishes standards for food goods to assure safety and quality.
• The law prohibits producing, selling, and distributing contaminated or counterfeited foods.
• Violations result in severe penalties, such as fines and imprisonment.

Sections 273 and 272 of the Indian Penal Code (IPC) deal with food adulteration.

• Section 272: Adulteration of food or drink intended for sale is punished by up to six months imprisonment, a fine, or both.
• Section 273: The sale of toxic food or drink is subject to imprisonment, a fine, or both.

The Consumer Protection Act 2019 includes provisions to ensure food safety and protect consumers from contaminated food products.

• The Act allows customers to register complaints against food products that are tainted, adulterated, or hazardous. This ensures that consumers have a legal way to seek remedies if they have food safety concerns.
• Manufacturers, sellers, and service providers can be held accountable for any damages caused by faulty or dangerous food products. This includes compensation for any injuries or illnesses caused by consuming such items.
• The Act created the Central Consumer Protection Jurisdiction (CCPA) to investigate complaints, conduct enquiries, and take action against violators. The CCPA has the authority to mandate the recall, refund, or cessation of hazardous food products.
• The Act establishes severe penalties for people who violate food safety regulations. Depending on the gravity of the offence, these include fines and imprisonment.

Constitutional Provisions Article 21 of the Indian constitution guarantees the right to life and personal liberty. This includes the right to safe and nutritious food. Recognising the importance of food safety and public health, the Constitution authorises the state to enact legislation to protect people's health and well-being. The Directive Principles of State Policy under Part IV of the Constitution establish values that the state is expected to follow when developing policies and legislation. Article 47 of the Directive Principles clearly states that the State must prioritise enhancing public health, nutrition, and living standards for its citizens.

Challenges in Ensuring Food Safety

The globalisation of food trade has resulted in longer and more complex food supply chains. This makes it difficult to track the origins of food products and assure their safety throughout the manufacturing process. Contaminated food is easily transported across borders, making it difficult to control and regulate.

Climate change has various implications for food safety. Temperature and weather patterns can spread foodborne diseases and pests. Extreme weather can disrupt food production and supply chains, raising the risk of contamination.

The overuse of antibiotics in agriculture has resulted in the emergence of antimicrobial-resistant microorganisms. These bacteria can contaminate food and lead to difficult-to-treat diseases. This is a significant public health risk.

Implementing food safety measures requires significant expenditures in infrastructure, training, and technology. This limits the ability to adequately enforce food safety rules.

Food safety requires well-trained workers who understand the value of hygiene and correct food handling techniques. However, differences in education and literacy among food workers might make it challenging to maintain comparable standards.

New and emerging foodborne diseases are an ongoing concern for food safety. Keeping up with these diseases requires continuous research and development of food safety practices.

Way Forward to Ensure Food Safety

Strengthening Regulatory Frameworks

Governments should develop and implement comprehensive food safety standards and regulations, including restrictions on pollutants, pesticide residues, and food additives.

Conduct regular inspections and audits of food production and processing facilities to ensure compliance with safety regulations.

Implement traceability systems to track food products from farm to table, allowing for more rapid identification and resolution of contamination causes.

Promoting Good Agricultural Practice (GAP)

Educate farmers on the proper use of pesticides and fertilisers to reduce residues in food.

Encourage measures that promote soil health and limit the risk of contamination by soil-borne pathogens.

Enhancing Food Processing and Handling

Implement Hazard Analysis and Critical Control Points (HACCP) systems in food processing facilities to identify and manage possible hazards.

Follow Good Manufacturing Practices (GMP) to ensure that food is prepared in a clean and sanitary environment.

Maintain stable temperature control throughout the supply chain to prevent the formation of dangerous microorganisms.

Strengthening Surveillance and Response Systems

Set up effective surveillance mechanisms to detect and respond to foodborne disease outbreaks.

Create quick response procedures to address food safety incidents and prevent the spread of contamination.

Promoting international cooperation

Collaborate with international organisations, such as the World Health Organization and the Food and Agriculture Organization, to create and harmonise global food safety standards.

Participate in international networks to share knowledge about food safety hazards and effective practices.

Conclusion

India faces significant challenges in terms of food safety, such as widespread contamination, dangerous practices, and limited infrastructure. The Food Safety and Standards Authority of India (FSSAI) has made progress in building a regulatory framework, but enforcement and compliance require further improvement. Initiatives such as training programs and raising consumer knowledge are critical to guaranteeing safe food for all.

Must Read Articles:

WORLD FOOD SAFETY DAY

STATE FOOD SAFETY INDEX

FSSAI

Source:

The Hindu

Wikipedia

Prime Legal

Allied academies

Unileverfoodsolutions

Newfoodmagazine

World Health Organization

PRACTICE QUESTION Q.Discuss the role of the Food Safety and Standards Authority of India (FSSAI) in ensuring food safety. What are the significant challenges it faces in implementing food safety regulations nationwide? (250 Words)