Food Adulteration Law - Follow Rajasthan
The Rajasthan Assembly on Saturday passed four bills including the Criminal Laws (Rajasthan Amendment) Bill-2021 by voice which has provisions for imprisonment up to seven years for adulteration of food, or drugs and medicines, making their sale a cognisable and non-bailable offence. All members of this circle must escalate this demand to their choef ministers if you want food and medicines to become safe in your state.
The Bill mainly seeks to empower Food Safety Officers and Drug Inspectors, as well as address the differences in punishment for food adulteration under various laws.
Currently, these offences are punishable with imprisonment up to six months, or with fine which may extend to Rs 1,000, or with both. Also, these offences are non-cognisable and except offences related to adulterating any drug or medical preparation under section 274, all the other offences under sections 272, 273, 275 and 276 are bailable. Following the amendment bill passed in the Assembly Saturday, the crimes falling under IPC sections 272 to 276 will be cognisable and non-bailable, once the law becomes an Act.
Additionally, the Bill seeks to address the differences in punishment for food adulteration under various laws.
Apart from the IPC sections 272 to 276, section 59 of the Food Safety and Standards Act (FSSA), 2006, deals with punishment for unsafe food. And, depending upon the gravity of injury caused, the maximum punishment is imprisonment for life and such offences are cognisable under the Act. Then, section 27 of the Drugs and Cosmetics Act (DCA), 1940, provides punishment for manufacturing for sale or distribution or for selling or storing or distributing any drug which is adulterated or spurious. The punishment under the offence is from ten years to imprisonment for life and, apart from a fine. Also, the offence under the section is cognisable.
The Bill mainly seeks to empower Food Safety Officers and Drug Inspectors, as well as address the differences in punishment for food adulteration under various laws.
Currently, these offences are punishable with imprisonment up to six months, or with fine which may extend to Rs 1,000, or with both. Also, these offences are non-cognisable and except offences related to adulterating any drug or medical preparation under section 274, all the other offences under sections 272, 273, 275 and 276 are bailable. Following the amendment bill passed in the Assembly Saturday, the crimes falling under IPC sections 272 to 276 will be cognisable and non-bailable, once the law becomes an Act.
Additionally, the Bill seeks to address the differences in punishment for food adulteration under various laws.
Apart from the IPC sections 272 to 276, section 59 of the Food Safety and Standards Act (FSSA), 2006, deals with punishment for unsafe food. And, depending upon the gravity of injury caused, the maximum punishment is imprisonment for life and such offences are cognisable under the Act. Then, section 27 of the Drugs and Cosmetics Act (DCA), 1940, provides punishment for manufacturing for sale or distribution or for selling or storing or distributing any drug which is adulterated or spurious. The punishment under the offence is from ten years to imprisonment for life and, apart from a fine. Also, the offence under the section is cognisable.
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Enacting laws alone would not be enough to bring the food adulterators and spurious/sub-standard drug manufacturers and distributors/sellers to bring them to the court of justice. Even under the previous laws how many of such perpetrators were booked and punished matters. The food/drug inspectors and other officials are said to be highly corrupted, who rarely book cases of food adulteration and spurious/sub-standard drugs. It is also said that reports of samples collected and sent to specified labs are issued with inordinate delay and such delay often nullify the entire exercise. Instead of becoming complacent by enacting the laws, the government should simultaneously ensure that the concerned officials/authorities perform their duties most deligently and honestly. A provision in this regard should have been made in the said laws itself indicating provisions for stringent punishment against the corrupt and negligent officials as well.
Oct 01
I agree with most of the posts above that (i) Intention of the lawmakers is good but (ii) Can they provide honest enforcement mechanism without which it would only (iii) Unleash Inspector Raj and harrass (honest) service providers. I also feel that instead of dealing piece meal with monetary punishments in law they should say that the amounts will stand revised once in a year or two as the WPI or some other specified Index changes and announced by Govt. The revision shall be to the same extent as the change in the specified Index. RYK.
Oct 01
Making laws is not going to improve the issue of food adulterations or spurious products etc. unless we have an honest and efficient enforcement agencies. In cases of spurious drugs there are provisions of life imprisonments/ death penalty etc. but those laws are not effective because of corruption in enforcement agencies.
Sep 20
No Doubt a very good decision by Rajasthan Government. However the Officials who convict any Industry or person under this law need to do so with full proof as the provisions are often misused by Officials in authority when power goes to their head. So caution is the key.
Sep 20
Presently most of the Indian laws are such that all wrong doers are Enjoying. And the affecting public are suffering. Even God can not save India from this.
Sep 20
