The Union Ministry of Health and Family Welfare has proposed life imprisonment for adulteration in the proposed draft for amendment to the Food Safety and Standards Act, 2006.
“Any person who whether by himself or by any other person on his behalf, adds adulterants to food so as to render it injurious for human consumption with an inherent potential to cause his death or is likely to cause such harm on his body as would amount to causing grievous hurt, irrespective of the fact whether it causes actual injury or not, shall be punishable for a term which shall not be less than seven years but which may be extended to imprisonment for life and also fine which shall not be less than 10 lakh rupees,” the draft reads.
The draft says that the Food Authority may prescribe food contact material requirements for an article of food.
According to the draft, proprietary food means an article of food for which standards have not been specified but is not unsafe: Provided that such food shall contain ingredients and additives which are permitted under this Act and regulations thereunder.
Novel food means a food or food ingredient that is newly developed through innovative technologies and/or production processes that has not been used previously, and includes those food or food ingredients, which do not have a history of human consumption in the country.
Among penal provisions, the draft proposes that the distributors will have no liability, in case of packaged food, procured, appropriately stored and not tampered with.
Further, punishment for false information provided to the food authority is also enhanced in the draft from the three month imprisonment and two lakh rupees fine to only fine of ‘Rs 10 lakh’ while the punishment for carrying out business without licence is now proposed to be ‘a further fine on daily basis which may extend up to Rs 5 lakh,’ in case of continuing business.