THE PREVENTION OF FOOD ADULTERATION RULES, 1955

PART I: PRELIMINARY

1. Short title, extent and commencement.--

(1) These Rules may be called the Prevention of Food Adulteration Rules, 1955.

(2) They extend to the whole of India ***.

(3) The rules other than those contained in Part III, Appendix 'B', Item A. 12--Margarine, Part VI and Part VII shall come into force on the date of their publication in the Official Gazette the roles contained in Part HI, Appendix 'B' Item A. 12--Margarine, shall come into force on the first day of June, 1956 and the rules contained in Part VI and Part VII shall come into force onthe first day of December, 1956.

2. Definitions.--

In these rules, unless the context otherwise requires--

(a) "Act" means the Prevention of Food Adulteration Act, 1954 (37 of 1954);

(b) "Director" means the Director of the Laboratory;

(c) "Laboratory" means a Central Food Laboratory;

(d) "Form" means a Form set forth in Appendix A to these rules;

(da) "infant" means a child not more than twelve months of age;

(db) "infant food" means any food (by whatever name called) being marketed or otherwise represented as a complement to mother's milk to meet the growing nutritional needs of infant ¹[after the age of six months and upto the age of two years];

(dc) "infant milk substitute" means any food being marketed or otherwise represented as partial or total replacement for mother's milk, ²[for infant upto the age of two years]."

(e) "Local Authority" means--

(i) in the case of seaports, the Health Officer as defined in the Indian Port Health Rules, 1955, in respect of that portion of local area falling within the jurisdiction of the ports;

(ii) in the case of airports, the Health Officer as defined in the Indian Aircraft (Public Health) Rules, 1954, in respect of that portion of the local area falling within the jurisdiction of the airport;

(iii) in the case of all railway stations or groups of railway stations (including" any railway colony, office, yard, goods-shed, transhipment shed, workshop and other works owned and maintained by the Railway Administration for the purpose or in connection with Railways) the Medical Superintendent/ Divisional Medical Officer of the Railways in respect of that portion of the local area falling within the jurisdiction of the said railway station or group of railway stations.

(iv) in the case of an ordnance factory or equipment factory, the General Manager of such factory or equipment factory or both.

³[(f) "good manufacturing practices for use of food additives" means the food additives used under the following conditions, namely:--

(i) the quantity of the additive added to food shall be limited to the lowest possible level necessary to accomplish its desired effect;

(ii) the quantity of the additive becomes a component of food as a result of its use in the manufacturing processing or packaging of a food and which is not intended to accomplish any physical or other technical effect in the food itself: is reduced to the extent reasonably possible; and

(iii) the additive is prepared and handled in the same way as a food ingredient.]

⁴ [(g) "claim" means any representation which states, suggests or implies that a food has particular qualities relating to its origin, nutritional properties, nature, processing, composition or any other quality;

(h) "consumer" means persons and families purchasing and receiving food in order to meet their personal needs.

(i) "contaminant" means any substance not intentionally added to food, which is present in such food as a result of the production (including operations carried out in crop husbandry, animal husbandry or veterinary medicine), manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food or as a result of environmental contamination and does not include insect fragments, rodent hairs and other extraneous matter;

(j) "Date of Manufacture" means the date on which the food becomes the product as described;

(k) "Date of Packaging" means the date on which the food is placed in the immediate container in which it will be ultimately sold;

(l) "Best Before" means the date which signifies the end of the period under any stated storage conditions during which the product will remain fully marketable and will retain any specific qualities for which tacit or express claims have been made. However, beyond the date the food may still be perfectly satisfactory;

(m) "Use - by date/recommended last consumption date/ Expiry Date" means the date which signifies the end of the estimated period under any stated storage conditions, after which product probably will not have the quality attributes normally expected by the consumers and the food shall not be marketable.

(n) "food additive" means any substance not normally consumed as a food by itself and not normally used as a typical ingredient of the food, whether or not it has nutritive value, the intentional addition of which to food for a technological (including organoleptic) purpose in the manufacture, processing, preparation, treatment, packing, packaging, transport or holding of such food results; or may be reasonably expected to result, (directly or indirectly) in it or its by-products becoming a component of or otherwise affecting the characteristics of such foods but does not include contaminants or substances added to food for maintaining or improving nutritional qualities;

(o) "food for special dietary uses" means foods which are specially processed or formulated to satisfy particular dietary requirements because of a particular physical or physiological condition and / or specific diseases and disorders and which are presented as such, wherein the composition of these foodstuffs shall be significantly different from the composition of foods of comparable nature, that exists.

(p) "ingredient" means any substance, including a food additive, used in the manufacture or preparation of a food and present in the final product although possibly in a modified form;

(q) "label" means a display of written, graphic, perforated, stamped , tag, brand, mark, pictorial or other descriptive matter, printed, stenciled, marked, embossed or impressed on, or attached to, a container ,cover, lid or crown of any food package;

(r) "labelling" includes any written, printed or graphic matter that is present on the label accompanying the food.

(s) "Lot number" or "Code number" or "batch number" means the number either in numericals or alphabets or in combination, representing the Lot number or code number or batch number being preceded by the words "Lot No" or "Lot" or "code number" or "Code" or "Batch No" or "Batch" or any distinguishing prefix by which the food can be traced in manufacture and identified in distribution.

(t) "prepackaged" means packaged or made up in advance in a container, ready for offer to the consumer.

(u) "principal display panel" means that part of a label which is intended or is likely to be displayed, and presented or shown or examined by the customer under normal and customary conditions of display, sale or purchase of the commodity contained in the package;

(v) "processing aid" means substance or material, not including apparatus or utensils, and not consumed as a food ingredient by itself, intentionally used in the processing of raw materials, foods or its ingredients, to fulfill a certain technological purpose during treatment or processing and which may result in the non-intentional but unavoidable presence of residues or derivatives in the final product.]

1.     Substituted by Notification No. GSR 388(E) dated 25.06.2004 for the words “after the age of four months”.

2.     Substituted by Notification No. GSR 388(E) dated 25.06.2004 for the words “whether or not it is suitable for such replacement”.

3.     Inserted by Notification No. GSR 388(E) dated 25.06.2004.

4.     Inserted by the The Prevention of Food Adulteration (7th Amendment) Rules, 2006, dated 21.08.2006

PART II: THE CENTRAL FOOD LABORATORY

3. Functions.--

(1) In addition to the functions entrusted to the Laboratory by the Act, the Laboratory shall carry out the following functions, namely--

(a) analysis of samples of food sent by any officer or authority authorized by the Central Government for the purpose and submission of the certificate of analysis to the authorities concerned;

(b) investigations for the purpose of fixation of standard of any article of food;

(c) investigation, in collaboration with the laboratories of Public Analysis in the various States and such other laboratories and institutions which the Central Government may approve in this behalf for the purpose of standardising methods of analysis.

(2) The laboratory specified in column (I) of Table-I below, shall carry out the functions entrusted to it by the Act, or these rules in respect of the local areas specified in the corresponding entry in column (2) thereof.

¹[TABLE 1

Provided that the laboratory specified in column (1) of Table -II, shall also carry out analysis of samples received under subjection (2) of section 6 of the Act, in respect of the local areas specified in the corresponding entry in column (2) thereof.

TABLE - II

4. Analysis of food samples.--

(1)      (a) Samples of food for analysis under subsection (2) of section 13 of the Act shall be sent either through a Messenger or by registered post in a sealed packet, enclosed together with a memorandum in Form I in an outer cover addressed to the Director.

(b) Samples of food for analysis under sub-section (2) of section 6 of the Act or under clause (a) of Rule 3 shall be sent either through a Messenger or by registered post in a sealed packet enclosed together with a memorandum in Form IA in an outer cover addressed to the Director.

(2) The container as well as the outer covering of the packet shall be marked with a distinguishing number.

(3) A copy of the memorandum and a specimen impression of the seal used to seal the container and the cover shall be sent separately by registered post to the Director.

(4) On receipt of a package containing a sample for analysis, the Director or an officer authorised by him, shall compare the seals on the container and the outer cover with specimen impression received separately and shall note the condition of the seals thereon.

(5) After test or analysis the certificate thereof shall be supplied forthwith to the sender in Form 11.

(6) The fees payable in respect of such a certificate shall be Rs. 1,000 per sample of food analysed.

(7) Certificates issued under there rules by the Laboratory shall be signed by the Director.

²[(8) The fee payable in respect of analysis of samples of imported food analysed in any designated laboratory shall be Rs. 3000/- per sample payable by the importer.]

³[(9) The Manuals of method of analysis brought out by Ministry of Health and Family Welfare shall be adopted while analyzing the samples of food articles. However, in case where the method prescribed in the manuals is not sophisticated or if the method is not available for analysis of any parameter in these Manuals, the method of analysis prescribed in the AOAC/ISO/Pearsons/JACOB/IUPAC/Food Chemical Codex Method of Anaysis/BIS/ Woodmen/Winton-Winton/Joslyn shall be adopted.]

1.     Substituted by GSR382(E) dated 28.05.2002 for the following Table :-

“TABLE - I

2.     Inserted by GSR382(E) dated 28.05.2002.

3.     Inserted by GSR299(E) dated 18.05.2006.

PART III DEFINITIONS AND STANDARDS OF QUALITY

5.       Standards of quality of the various articles of food specified in ¹[Appendices B, C and D to these roles are as defined in those Appendices].

1.      1.        Substituted by Notification No. GSR 388(E) dated 25.06.2004 for the following words “Appendix B to these rules are as defined in that appendix..

PART IV PUBLIC ANALYSTS AND FOOD INSPECTORS

6. Qualification of Public Analyst.--

A person shall not be qualified for appointment as a public analyst unless he --

(1) ²[holds a Master's Degree in Chemistry or Bio-Chemistry or Dairy Chemistry]or Food Technology or Microbiology or Food and Drugs from a University established in India by law or is an Associate of the Institution of Chemists (India) by examination in the section of Food Analysts conducted by the Institution of Chemists (India) or has an equivalent qualification recognized and notified by the Central Government for such purposes and has not less than three years experience in the analysis of food.

(2) has been declared qualified for appointment as a public analyst by a Board appointed and notified by the Central Government for such purposes:

Provided that a person who is a public analyst on the date of commencement of the Prevention of Food Adulteration (Amendment) Rules, 1995 or who has worked as a public analyst for a period of three years before such commencement may hold office as such, subject to the terms and conditions of service applicable to him even though he does not fulfill the qualifications laid down in clauses (1) and (2):

Provided further that a person who--

(i) holds a degree in Science with Chemistry or Biochemistry or Food Technology or Food and Drugs from a University established in India by law or has an equivalent qualification recognised and notified by the Central Government for such purpose and has not less than five years of experience after graduation in the analysis of food, and

(ii) (a) has been declared qualified for appointment as a public analyst by a Board appointed and notified under clause (2) of this rule, prior to commencement of the Prevention of Food Adulteration (Amendment) Rules, 1995, or

(b) shall be declared qualified for appointment as a public analyst by a Board appointed and notified under clause (2) of this rule up to the period of 31st March, 1999 shall be eligible for appointment as public analyst, even though he does not fulfil the qualification laid down in clause (1).

7. Duties of Public Analyst.--

(1) On receipt of a package containing a sample for analysis from a Food lnspector or any other person the Public Analyst or an officer authorised by him shall compare the seals on the container and the outer cover with specimen impression received separately and shall note the condition of the seals thereon.

Provided that in case sample container received by the pubic analyst is found to be in broken condition or unfit for analysis he shall within a period of seven days from the date of receipt of such sample inform the local (Health) authority about the same and send requisition to him for sending second part of the sample.

(2) The public analyst shall cause to be analysed such samples of article of food as may be sent to him by food inspector or by any other person under the Act.

(3) The public analyst shall, within a period of forty days from the date of receipt of any sample for analysis, send by Registered post or hand to the Local (Health) Authority a report of the result of such analysis in Form III:

Provided that where any such sample does not conform to the provisions of the Act or these rules, the public analyst shall Send by Registered post or hand four copies of such report to the said Authority:

Provided further that the public analyst shall forward a copy of such report also to the person who purchased an article of food and forwarded the same to him for analysis under section 12 of the Act.

Note.--In case of sample received under the proviso of Rule 7(1) or Rule 9-A, the period of forty days shall be counted from the dateof receipt of the second part of the sample.

8. Qualifications for food inspector.--

A person shall not be qualified for appointment as food inspector unless he--

(a) is a medical officer incharge of health administration of a local area; or

(b) is a graduate in medicine and has received at least one month's training in food inspection and sampling work approved for the purpose by the Central Government or a State Government; or

(c) is a graduate in Science with Chemistry as one of the subjects or is a graduate in Agriculture or Public Health or Pharmacy or in Veterinary Science or a graduate in Food Technology or Dairy Technology or is a diploma holder in Food Technology or Dairy Technology from a University or Institution established in India by law or has equivalent qualifications recognised and notified by the Central Government for the purpose and has received three month's satisfactory training in food inspection and sampling work under a Food (Health) Authority or in an institution approved for the purpose by the Central Government:

Provided that the training in food inspection and sampling work obtained prior to the commencement of Rule 3 of the Prevention of Food Adulteration (Fourth Amendment) Rules, 1976, in any of the laboratories under the control of--

(i) a public analyst appointed under the Act; or

(ii) a fellow of the Royal Institute of Chemistry of great Britain (Branch E); or

(iii) any Director, Central Food Laboratory; or the training obtained under a Food (Health) Authority, prior to the commencement of the Prevention of Food Adulteration (Amendment) Rules, 1980, shall be considered to be equivalent for the purpose of the requisite training under these rules:

Provided further that a person who is a qualified Sanitary Inspector having experience as such for a minimum period of one year and has received at least three months training in whole or in part in food inspection and sampling work, may be eligible for appointment as food inspector, upto the period ending on the 31st March, 1985 and may continue as such if so appointed even though he does not fulfil the qualifications laid down in clauses (a) to (c):]

Provided also that nothing in this rule shall be construed to disqualify any person who is a food inspector on the commencement of the Prevention of Food Adulteration (Amendment) Rules, 1980 from continuing as such after such commencement.

9. Duties of Food Inspector.--

It shall be the duty of the food inspector--

(a) to inspect as frequently as may be prescribed by the Food (Health) Authority or the local authority all establishments licensed for the manufacture, storage or sale of an article of food within the area assigned to him;

(b) to satisfy himself that the conditions of the licences are being observed;

(c) to procure and send for analysis, if necessary, samples of any articles of food which he has reason to suspect are being manufactured, stocked or sold or exhibited for sale in contravention of the provisions of the Act or rules thereunder;

(d) to investigate any complaint which may be made to him in writing in respect of any contravention or the provisions of the Act, or rules framed thereunder;

(e) to maintain a record of all inspections made and action taken by him in the performance of his duties, including the taking of samples and the seizure of stocks, and to submit copies of such record to the health officer or the Food (Health) Authority as directed in this behalf.

(f) to make such inquiries and inspection as may be necessary to detect the manufacture, storage or sale of article of food in contravention of the Act or rules framed thereunder;

(g) to stop any vehicle suspected to contain any food intended for sale or delivery for human consumption;

(h) when so authorised by the health officer, having jurisdiction in the local area concerned or the Food (Health) Authority, to detain imported packages which he has reasons to suspect contain food, the import or sale of which is prohibited

(i) to perform such other duties as may be entrusted to him by the health officer having jurisdiction in the local area concerned or the Local (Health) Authority or the Food (Health) Authority;

9A. Sending of sample by Local (Health) Authority.--

(a) Local (Health) Authority shall within a period of seven days of receipt of requisition for second part of the sample from public analyst under the proviso of Rule 7( 1), send such sample to the public analyst.

(b) Local (Health) Authority, while sending second part of the sample under the provision of sub-section (2-E) of section 13 of the Act, shall do so within a period of 20 days from the date of receipt of the report from the first public analyst.

9B. Local (Health) authority to send report to person concerned.--

The Local (Health) Authority shall within a period often days after the institution of prosecution forward a copy of the report of the result of analysis in Form III delivered to him under sub-rule (3) of Rule 7, by registered post or by hand, as may be appropriate, to the person from whom the sample of the article was taken by the Food Inspector, and simultaneously also to the person, if any, whose name, address and other particulars have been disclosed under section I4A of the Act:

Provided that where the sample conforms to the provisions of the Act or the rules made thereunder, and no prosecution is intended under sub-section (2), or no action is intended under sub-section (2E) of section 13 of the Act, the Local (Health) Authority shall intimate the result to the Vendor from whom the sample has been taken and also to the person, whose name, address and other particulars have been disclosed under section 14A of the Act, within 10 days from the receipt of the report from the Public Analyst.

10. Forms of order not to dispose of stock and of bond.--

Where the food inspector keeps any article of food in the safe custody of the vendor under sub-section (4) of section 10--

(a) he shall, after sealing such article of food, make an order to the vendor in Form IV and the vendor shall comply with such an order, and

(b) he may require the vendor to execute a bond in Form IVA.

11. Form of receipt for food seized by a food inspector.--

For every article of food seized and carried away by food inspector under sub-section (4) of section 10 of the Act a receipt in Form V shall be given by the food inspector to the person from whom the article was seized.

12. Notice of intention to take sample for analysis.--

When a Food Inspector takes a sample of an article for the purpose of analysis, he shall give notice of his intention to do so in writing in Form VI, then and there, to the person from whom he takes the sample and simultaneously, by appropriate means, also to the persons if any, whose name, address and other particulars have been disclosed under section 14A of the Act:

Provided that in case where a food inspector draws a sample from an open container, he shall also draw a sample from the container in original condition of the same article bearing the same declaration, if such container is available, and intimate this fact to the public Analyst.

12A. Warranty.--

Every manufacturer, distributor or dealer selling an article of food to a vendor shall give either separately or in the bill, cash memo or a label a warranty in Form VI A.

12B. Form of nomination of Director or Manager and his consent under section 17.--

(1) A company may inform the Local (Health) Authority of the concerned local area, by notice in duplicate, in Form VIII containing the name and address of the Director or Manager, who has been nominated by it under sub-section (2) of section 17 of the Act to be in charge of and responsible to the company for the conduct of the business of the company or any establishment, branch or unit thereof:

Provided that no such nomination shall be valid unless the Director or Manager who has been so nominated, gives his consent in writing and has affixed his signature, in Form V11I in duplicate in token of such consent.

(2) The Local (Health) Authority shall sign and return on copy of the notice in Form VIII to the company to signify the receipt of the nomination and retain the second copy in his office for record.

12C. Vendor to disclose name and address of Director/Manager in certain circumstances.--

Every vendor of an article of food shall disclose the name and address of the Director or Manager, as the case may be, nominated in Form VIII under Rule 12B to a purchase who informs such vendor of his intention of purchasing any such article from him for analysis by a public analyst under section 12 of the Act.

13. Power of food inspector to deal with carriers of disease handling food.--

(1) Where the food inspector is of the opinion that any person engaged in selling or manufacturing any article of food is suffering from or harbouring the germs of any infectious disease, he may examine or cause to be examined such persons:

Provided that where such person is a female ¹[***] she shall be examined by a woman duly authorised by the food inspector.

(2) If on such examination thefood inspector finds that such person is suffering from any such disease, he may by order in writing direct such person not to take part in selling or manufacturing any article of food.

1.      1.      Omitted the words “above the age of eight years” By GSR832(E) dated 21.10.2003.

2.      2.      Inserted by Notification No.GSR688(E) Dated 23.11.2005 w.e.f.25.11.2005

 “holds a Master's Degree in Chemistry or Biochemistry”

PART V SEALING, FASTENING AND DESPATCH OF SAMPLES

14. Manner of sending sample for analysis.--

Samples of food for the purpose of analysis shall be taken in clean dry bottles or jars or in other suitable containers which shall be closed sufficiently tight to prevent leakage, evaporation or in the case of dry substance, entrance of moisture and shall be carefully sealed.

15. Bottles or containers to be labelled and addressed.--

All bottles or jars or other containers containing samples for analysis shall be properly labelled and the parcels shall be properly addressed. The label on any sample of food sent for analysis shall bear:--

(a) Code number and Serial number of the Local (Health) Authority;

(b) Name of the sender with official designation, if any;

(c) Omitted

(d) Date and place of collection;

(e) Nature of article submitted for analysis;

(f) Nature and quantity of preservative if any, added to the sample:

Provided that in the case of a sample of food which has been taken from Agmark sealed container, the label shall bear the following additional information :--

(a) Grade;

(b) Agmark label No./Balch No.;

(c) Name of packing station.

16. Manner of packing and sealing the samples.--

All samples of food sent for analysis shall be packed, fastened and sealed in the following manner, namely:--

(a) The stopper shall first be securely fastened so as to prevent leakage of the contents in transit;

(b) The bottle, jar or other container shall then be completely wrapped in fairly strong thick paper. The ends of the paper shall be neatly folded in and affixed by means of gum or other adhesive;

(c) A paper slip of the size that goes round completely from the bottom to top of the container, bearing the signature and code and serial number of the Local (Health) Authority, shall be pasted on the wrapper, the signature or the thumb impression of the person from whom the sample has been taken being affixed in such a manner that the paper slip and the wrapper both carry a part of the signature or thumb impression:

Provided that in case, the person from whom the sample has been taken refuses to affix his signature or thumb impression, the signature or thumb impression of the witness shall be taken in the same manner;

(d)The paper cover shall be further secured by means of strong twine or thread both above and across the bottle, jar or other container, and the twine or thread shall then be fastened on the paper cover by means of sealing wax on which there shall be at least four distinct and clear impressions of the seal of the sender, of which one shall be at the top of the packet, one at the bottom and the other two on the body of the packet. The knots of the twine or thread shall be covered by means of sealing wax bearing the impression of the seal of the sender.

17. Manner of despatching containers of samples.--

The containers of the sample shall be despatched in the following manner, namely:--

(a) The sealed container of one part of the sample for analysis and a memorandum in Form VII shall be sent in a sealed packet to the public analyst immediately but not later than the succeeding working day by any suitable means:

(b) The sealed containers of the remaining two parts of the sample and two copies of the memorandum in Form VII shall be sent in a sealed packet to the Local (Health) Authority immediately but not later than the succeeding working day by any suitable means:

(c) The sealed container of one of the remaining two parts of the sample and a copy of the memorandum in Form VII kept with the Local (Health) Authority shall within a period of 7 days be sent to the public analyst on requisition made by him to it by any suitable means:

Provided that in the case of a sample of food which has been taken from container bearing Agmark seal, the memorandum in Form VII shall contain the following additional information, namely:--

(a) Grade;

(b) Agmark label No. /Batch No;

(c) Name of packing station.

18. Memorandum and impression of seal to be sent separately.--

A copy of the memorandum and specimen impression of the seal used to seal the packet shall be sent, in a sealed packet separately to the Public Analyst by any suitable means immediately but not later than the succeeding working day.

19. Addition of preservatives to samples.--

Any person taking a sample of any food for the purpose of analysis under the Act may add a preservative as may be prescribed from time to time to the sample for the purpose of maintaining it in a condition suitable for analysis.

20. Preservative in respect of milk, cream, dahi, Khoa or Khoa based and Paneer based sweets, such as Kalakand and Burfi, Chutney and prepared foods and gur, Coffee and Tea.--

The preservative used in the case of samples of any milk including toned, separated and skimmed milkstandardised mi Ik chh anna, skimmed milk chhanna, cream, ***ice-candly, dahi, khoa or Khoa based and Paneer based sweets, such as Kalakand and Burfi, Chutney and prepared foods and Gur, Coffee and Tea in liquid or semiliquid form shall be the liquid commonly known as "formalin" that is to say, a liquid containing about 40 per cent of formaldehyde in aqueous solution in the proportion of 0.1 ml. (two drops) for 25 ml. or 25 grams.

Provided that in case of samples of ice cream and mixed ice-cream, the preservative used shall be the liquied commonly known as form a in, that is to say, a liquid containing about 40 per cent of formaldehyde in aqueous solution in the proportion of 0.6 ml for 100ml or l00 gms.

21. Nature and quantity of the preservative to be noted on the label.--

Whenever any preservative is added to a sample, the nature andquantity of the preservative added shall be clearly noted on the label to be affixed to the container.

¹[22. Quantity of sample to be sent to the public analyst:-

The quantity of sample of food to be sent to the public analyst / Director for analysis shall be as specified in the Table below:

TABLE 

³[Note: - Food sold in packaged condition (sealed container or package) shall be sent for analysis in its original condition, without opening the package as far as practicable, to constitute approximate quantity alogwith original label. In case the bulk packages wherever preservatives are to be added, as per the requirement under these rules, the sample shall be taken after opening sealed container or package and the contents of the original label shall also be sent alongwith the sample for analysis. However, such samples shall not be fit for microbiological analysis.]

22A. Contents of one or more similar sealed containers having identical labels to constitute the quantity of a food sample.--

Where food is sold or stocked for sale or for distribution in sealed containers having identical label declaration, the contents of one or more of such containers as may be required to satisfy the quantity prescribed in Rule 22 shall be treated to be a part of the sample.

22B. Quantity of sample sent to be considered as sufficient.--

Notwithstanding anything contained in Rule 22 and Rule 22Cthe quantity of sample sent for analysis shall be considered as sufficient unless the public analyst or the Director reports to the contrary

22C. Quantity of samples of food packaging material to be sent to the public analyst.--

The quantity of sample of food packaging material to be sent to Public Analyst/Director for analysis shall he as snecified below:

1.      1.      Substituted by GSR530(E) dated 29.07.2002 for the following

“22. Quantity of sample to be sent to the public analyst.--

The quantity of sample of food to be sent to the public analyst/Director for analysis shall be as specified below:

2.      2.      Substituted by GSR655(E) dated 10.11.2005 for the words “3000 ml.”.

3.      3.      Substituted by Notification No GSR659(E) dated 09.11.2005 for the following note:-

“Note:- Foods sold in packaged condition (Sealed container/package) shall be sent for analysis in its condition without opening the package and alongwith original label to constitute the approximate quantity.”

PART VI COLOURING MATTER

23. Unauthorised addition of colouring matter prohibited.--

The addition of a colouring matter to any article of food except as specifically permitted by these rules, is prohibited.

¹[24. Extraneous addition of colouring matter to be mentioned on the label.--

Where an extraneous colouring matter has been added to any article of food, there shall be displayed one of the following statements in capital letters, just beneath the list of ingredients on the label attached to any package of food so coloured, namely:--

(i) CONTAINS PERMITTED NATURAL COLOUR(S)

OR

(ii) CONTAINS PERMITTED SYNTHETIC FOOD COLOUR(S)

OR

(iii) CONTAINS PERMITTED NATURAL AND SYNTHETIC FOOD COLOUR(S)

OR

(iv) CONTAINS PERMITTED NATURAL */AND* SYNTHETIC* COLOUR(S)

(For the period upto and inclusive of 1st September, 2001)

(*Strike out whichever is not applicable.)

Note:--Provided that where such a statement is displayed the colour used in the product need not to be mentioned in the list of ingredients.]

25. ⁶[***]

26. Natural colouring matters which may be used.--

Except as otherwise provided in the rules ⁷[and in Appendices B and C] the following natural colouring principles whether isolated from natural colours or produced synthetically may be used in or upon any article of food:

(a) Omitted

(b)      (i) Beta-carotene,

(ii) Beta-apo-8'-carotenal,

(iii) Me thy I ester of Beta-apo-8' carotenoic acid,

(iv) Ethylester of Beta-apo-8' carotenoic acid,

(v) Canthaxanthin;

(c) Chlorophyll;

(d) Riboflavin(Lactoflavin);

(e) Caramel;

(f) Annatto;

(g) Omitted

(h) Saffron;

(i) Curumin orturmeric.

Explanation.--In the preparation of the solution of annatto colour in oil, any edible vegetableoil listed in Appendix 'B' to these rules may be used either singly or in combination and the name of the oil or oils used shall be mentioned on the label as provided in sub-rule (Z) of rule 42.

⁸[27. Addition of inorganic matters and pigments prohibited.—

Inorganic colouring matters and pigments shall not be added to any article of food unless otherwise provided in Appendix B and Appendix C of these rules.]

28.Synthetic food colourswhich may be used.--

No synthetic food colours or a mixture thereof except the following shall be used in food:

⁵[28.A - Use of Lake colours as colourant in foods –

Aluminium Lake of Sunsct Yellow FCF may be used in powdered dry beverages mix (powdered sofldrink concentrate) upto a maximum limit of 0.04 percent weigh by weight. The maximum limit of colour content in final beverage for consumption shall not exceed 8.3 ppm and that of aluminium content shall not exceed 4.4 ppm of the final beverage for consumption.

Provided that the powdered dry beverages mix (powdered sofldrink concentrate) label shall give clear instruction for reconstitution of product for making final beverage.]

29. Use of permitted synthetic food colours prohibited.--

Use of permitted synthetic food colours in or upon any food other than those enumerated below is prohibited:

(a) Ice-cream, milk lollies, frozen dessert, flavoured milk, yoghurt, ice-cream mix powder;

(b) Biscuits including biscuit wafer, pastries, cakes, confectionery, thread candies, sweets, savouries (dal moth, mongia, phululab, sago papad, dal biji only);

(c) Peas, strawberries and cherries in hermetically sealed containers, preserved or processed papaya, canned tomato juice, fruit syrup, fruit squash, fruit cordial, jellies, jam, marmalade, candied crystallised or glazed fruits;

(d) Non-alcoholic carbonated and non-carbonated ready -to-serve synthetic beverages including synthetic syrups, sherbets, fruit bar, fruit beverages, fruit drinks, synthetic soft-drink concentrates;

(e) Custard powder;

(f) Jelly crystal and ice-candy;

(g) ³[***]

⁴[(h') Flavour emulsion and flavour paste for use in carbonated or non-carbonated beverages only under label declaration as provided in clause (13) of sub-rule (ZZZ) of Rule 42.]

30. Maximum limit of permitted synthetic food colours.--

The maximum limit of permitted synthetic food colours or mixture thereof which may be added to any food article enumerated in Rule 29 shall not exceed 100 parts per million of the final food or beverage for consumption, except in case of food articles mentioned in clause (c) of Rules 29 where the maximum limit of permitted synthetic food colours shall nol exceed 200 parts per million of the final food or beverage (or consumption.

31. Colours to be pure.--

The colours specified in Rule 28 when used in the preparation of any article of food shall be pure and free from any harmful impurities.

_______________________________

1.       Subs. by G.S.R. 537 (E), dated 13th June, 2000 (w.e.f. 1-9-2000).

2.                 Subs. by G.S.R. 501 (E), dated 29th May, 2000 (w.e.f. 29-5-2000).

3.                 Omitted by Notification No GSR718(E) dated 13.09.2000.  Prior to omission it was as under:-

(g)  (g)     “Flavouring agents and soup powder (for the period up to and inclusive of 31st December, 1977.”

4.                 Inserted by Notification No GSR718(E) dated 13.09.2000.

5.                 Inserted by GSR853(E) dated 30.12.2002

6.                 Omitted by Notification No. GSR 388(E) dated 25.06.2004. Prior to omission it was as under

“25. Use of caramel permitted.--

Notwithstanding provisions of Rule 24and ²[Rule 32(b)] caramel may be used without label declaration.”

7.                 Inserted by Notification No. GSR 388(E) dated 25.06.2004.

8.                 Substituted by Notification No. GSR 388(E) dated 25.06.2004 for the following :-

“27. Addition of inorganic matters and pigments prohibited.--

Inorganic colouring matters and pigments shall not be added to any article of food:

Provided that chewing gum may contain Titanium dioxide--(food grade) up to a maximum limit of I percent”

PART VII PACKING AND LABELLING OF FOODS

³⁸ [32. Every Prepackaged food to carry a label. -

(a) General

(1) Prepackaged food shall not be described or presented on any label or in any labelling manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character in any respect.

(2) Label in prepackaged foods shall be applied in such a manner that they will not become separated from the container.

(3) Contents on the label shall be clear, prominent, indelible and readily legible by the consumer under normal condition of purchase and use.

(4) Where the container is covered by a wrapper, the wrapper shall carry the necessary information or the label on the container shall be readily legible through the outer wrapper or not obscured by it.

(b) Labelling of Prepackaged Foods

Every package of food shall carry the following information on the label.

(1) The Name of the Food

The name of the food shall include trade name or description of food contained in the package.

(2) List of Ingredients. -

A list of ingredients shall be declared on the label and shall be in the following manner:-

(i) the list of ingredients shall contain an appropriate title, such as the term "ingredients";

(ii) the names of ingredients used in the product shall be mentioned in descending order in respect of their composition, by weight or volume, as the case may be;

(iii) every package of food sold as a mixture or combination shall disclose the ingoing percentage, by weight or volume as may be appropriate, of any ingredient at the time of the manufacture of the food (including compound ingredients or categories of ingredients) and if such ingredient,-

(A) is emphasized as present on the label through words or pictures or graphics; or

(B) is essential to characterize the food in order to distinguish the food from other categories of food with which it may be confused; or

(C) is emphasized as ingredients in the name of the food; or

(D) the disclosure of which is deemed to be necessary to enhance the health of consumers or to prevent consumers from being deceived, or

(E) is the subject of an express claim about the presence of any fruits, vegetables, whole grains or added sugars:

Provided that the above disclosure is not required where ingredient comprises less than two percent of the total weight of the product and has been used for the purposes of flavouring;

(iv) the complete nutritional information per 100 gm of the product shall be given on the label containing the following: -

(A) information on energy value shall be expressed in Keal per 100 gm or per 100 ml;

(B) information on the amounts of protein, carbohydrate and fat in the food shall be expressed in gm per 100 gm or per 100 ml;

(C) the amount and/or type of fatty acids (including amount of saturated fatty acids, polyunsaturated fatty acids, monounsaturated fatty acids and trans fatty acids) and cholesterol in gm per 100 gm or per 100 ml;

(D) numerical information on vitamins and minerals shall be expressed in metric units per 100 gm or per 100 ml;

(v) where an ingredient is itself the product of two or more ingredients, such a compound ingredient may be declared, as such, in the list of ingredients, and shall be accompanied by a list, in brackets, of its ingredients in descending order of weight:

Provided that where a compound ingredient for which a name has been established in these rules constitutes less than 5 percent of the food, the ingredients other than food additives which serve a technological function in the finished product need not to be declared;

(vi) added water shall be declared in the list of ingredients except when the water forms part of an ingredient such as brine, syrup or broth used in a compound food and declared as such in the list of ingredients:

Provided that water or other volatile ingredients evaporated in the course of manufacture need not to be declared:

Provided further that in the case of dehydrated or condensed food, which are intended to be reconstituted by the addition of water only, the ingredients may be listed in order of weight in the reconstituted product and shall contain a statement such as "ingredients of the product when prepared in accordance with the directions on the label:]

³⁹ [***]

²²[Note.--A specific name shall be used for ingredients in the list of ingredients:

Provided that for ingredients falling in the respective classes the following classifies may be used, namely:--

Provided further that for food additives falling in the respective classes, and appearing in lists of food additives permitted for use in foods generally, the following class titles shall be used together with the specific names or recognized international numerical identifications:--

Acidity Regulator, Acids, Anticaking Agent, Antifoaming Agent, Antioxidant, Bulking Agent, Colour, Colour Retention Agent, Emulsifier, Emulsifying Salt, Firming Agent, Flour Treatment Agent, Flavour Enhancer, Foaming Agent, Gelling Agent, Glazing Agent, Humectant, Preservative, Propellant, Raising Agent, Stabilizer, Sweetener, Thickener:

Provided also that for declaration of flavours on the label the class of flavours namely, Natural Flavours and Natural Flavouring Substances or Natural-Identical Flavouring Substances or Artificial Flavouring Substances as the case may be, shall be declared on the label.]

14[Provided also that for all Vegetarian Food, -

(a) a declaration to this effect shall be made by a symbol and colour code so stipulated for this purpose to indicate that the product is Vegetarian Food. The symbol shall consist of a green colour filled circle, having a diameter not less than the minimum size specified in the Table given below, inside the square with green outline having side double the diameter of the circle, as indicated in clause (17) of sub-rule (ZZZ) of rule 42;

TABLE

  (b) the symbol shall be prominently displayed, -

(i) on the package having contrast background on principal display panel, (ii) just close in proximity to the name or brand name of the product, and (iii) on the labels, containers, pamphlets, leaflets, advertisements in any media :

Provided further that the provisions of these rules shall not apply in respect of any Vegetarian Food which is manufactured and packed without ihe symbol before the commencement of the Prevention of Food Adulteration (9th Amendment) Rules, 2001 :

Provided also that the provisions of these rules shall not apply in respect of mineral water or packaged drinking water or carbonated water or liquid and powdered milk.]

⁴⁰ [Provided also that when combined declaration of colours and flavours are given, the international numerical identification number of colours used shall also be indicated either under the list of ingredients or along with the declaration:

Provided also that pork fat, lard and beef fat or extract thereof shall be declared by their specific names.]

¹²[(c)(i) the name and complete address of the manufacture and the manufacturing unit, if these are located at different places and in case the manufacturer is not the packer or bottler, the name and complete address of the packing or bottling unit as the case may be;

(ii) where an article of food is manufactured or packed or bottled by a person or a company under the written authority of some other manufacturer or company, under his or its brand name, the label shall carry the name and complete address of the manufacturing or packing or bottling unit as the case may be, and also the name and complete address of the manufacturer or the company, for and on whose behalf it is manufactured or packed or bottled;

(iii) where an article of food is imported into India, the package of food shall also carry the name and complete address of the importer in India: Provided that where any food article manufactured outside India is packed or bottled in India, the package containing the such food article shall also bear on the label, the name of the country of origin of the food article and the name and complete address . of the importer and the premises of the packing or bottling in India.]

⁴¹[(d) Net contents and drained weight.-

(1) The net weight or number or measure of volume of contents as the circumstances may require shall be declared on the label.

(2) The net contents shall be declared,-

(a) for liquid foods, by volume;

(b) for solid foods, by weight;

(c) for semi-solid and viscous foods, either by weight or volume.

(3) In addition to the declaration of net contents, a food packed in a liquid medium shall carry a declaration in the metric system of the drained weight of the food:

Provided that liquid medium will include but shall not be limited to water, aqueous solutions of sugar and salt, fruit and vegetable juices in canned fruits, or vegetables only, or vinegar, either singly or in combination.

(e) Lot / Code / Batch identification.-

A batch number or code number or lot number which is a mark of identification by which the food can be traced in the manufacture and identified in the distribution, shall be given on the label.

(f) Date of manufacture or packing.-

The date, month and year in which the commodity is manufactured, packed or pre-packed, shall be given on the label:

Provided that the month and the year of manufacture, packing or pre-packing shall be given if the "Best Before Date" of the products is more than three months:

Provided further that in case any package contains commodity which has a short shelf life of less than three months, the date, month and year in which the commodity is manufactured or prepared or prepacked shall be mentioned on the label.

(g) Use by date / recommended last consumption date / expiry date.-

The use by date/recommended last consumption date/ expiry date shall be given, -

(i) in case of package of Aspartame, which shall be not more than three years from the date of packing;

(ii) in case of infant milk substitute and infant foods.

(h) Irradiated foods.-

(1) The label of a food, which has been treated with ionizing radiation, shall carry a written statement indicating the treatment in close proximity to the name of the food.

(2) The use of the international food irradiation symbol, as shown below shall be in close proximity to the name or brand name of the food.

(3) When an irradiated product is used as an ingredient in another food, this shall be so declared in the list of ingredients.

(4) When a single ingredient product is prepared from a raw material which has been irradiated, the label of the product shall contain a statement indicating the treatment.

(5) The licence number of irradiated units shall be declared on the label.]

⁴[(i) the month and year in capital letters upto which the product is best for consumption, in the following manner, namely:--

"BEST BEFORE...............................................MONTHS AND YEAR

 OR

"BEST BEFORE..............................................MONTHS FROM PACKAGING

 OR

"BEST BEFORE..............................................MONTHS FROM MANUFACTURE

 OR

"BEST BEFORE UPTO MONTH AND YEAR............................ } [For the period

OR                                } upto and

BEST BEFORE WITHIN.............................. MONTHS                 } inclusive of

FROM THE DATE OF PACKAGING/MANUFACTURE           } Ist September

(Note: Blank be filled up)                                                          2001.]

Provided that in case of wholesale packages the particulars under clause (b), (f), (g), (h) and this clause need not be specified:

Provided further that in case of package or bottle containing sterilised or Ultra High Temperature treated milk, soya milk, flavoured milk, any package containing bread, dhokla, bhelpuri, piza, doughnuts, khoa, paneer, or any uncanned package of fruits, vegetable, meat, fish or any other like commodity, the declaration be made as follows:--

"BEST BEFORE...............................DATE/MONTH/YEAR"

"BEST BEFORE...............................DATE/MONTH/YEAR"

OR

"BEST BEFORE...............................DAYS FROM PACKAGING"

OR

"BEST BEFORE...............................DAYS FROM MANUFACTURE" } [For the period

OR                                      } upto and

"BEST BEFORE UPTO......................DATE/MONTH/YEAR     } inclusive of

OR                                     } 1st September

"BEST BEFORE WITHIN...............................DAYS FROM THE         2001.]

DATE OF PACKAGING/MANUFACTURE" }

(Note: (i) Blank be filled up).

(ii) Month and year may be used in numerals,

(iii) Year may be given in two digits:

⁴² [***]

Provided also that the above declaration of best before consumption shall not be applicable to the Packages of Aspartame and Infant milk substitute and Infant food";

²⁸[Provided also that the declaration of best before date for consumption shall not be applicable to: -

(a) wines and liquors;

(b) alcoholic beverages containing 10 percent or more by volume of alcohol.]

¹⁶[Providcd also that in case of any bottle containing liquid milk or liquid beverage having milk as an ingredient, sofldrink, carbonated water or ready-to-serve fruit beverages, the declarations with regard to addition of fruit pulp and fruit juice as well as the "date of manufacture" and "best before dale" shall invariably appear on the body of the bottle.

Provided also that in case of returnable bottle which are recycled for refilling, where the label declarations are given on the crown, the declaration referred to in the above proviso, with regard to addition to fruit pulp and fruit juice shall be enforced as per the Schedule given below. The bottles on which the year of manufacture is not embossed, the dale of replacing such bottle shall be, the 1st day of April, 2008.

SCHEDULE

Provided also that the returnable new glass bottle manufactures and used for packing of such beverages on the date of commencement of the Prevention of Food Adulteration (8th Amendment) Rule 2002 shall carry these declarations on its body".

Provided also that the above provisions except date of manufacture and "best before date" shall not apply in respect of carbonated water (plain soda) portable water impregnated with carbon dioxide under pressure) packed in returnable glass botlles.]

⁴⁰ [(j) Country of origin for imported food.-

(1) The country of origin of the food shall be declared on the label of food imported into India.

(2) When a food undergoes processing in a second country which changes its nature, the country in which the processing is performed shall be considered to be the country of origin for the purposes of labelling.

(k) Instructions for use.-

Instructions for use, including reconstitution, where applicable, shall be included on the label, if necessary, to ensure correct utilization of the food.

(l) Exemptions from labelling requirements.-

Where the largest surface area of the label is less than 10cm square, such label may be exempted from the requirements of list of ingredients, Lot Number / Batch Number / Code Number, Expiry Date / Best Before Date, nutritional information and instruction for use, but these requirements shall be given on wholesale packages or multi-piece packages, as the case may be.

(m) Other labelling requirements. -

Any information or pictorial device written, printed, or graphic matter may be displayed in the label provided that it is not in conflict with the requirements of these rules.]

⁴³ [***]

⁴[***]

Explanation II--"Complete Address" means in the case of a company, the address at which its registered office is situated and, in any other case, the name of the street, number (if any), assigned to the premises of the manufacturer or packer and cither the name of the city and slate where the business is carried on by the manufacturer or packer or the pincode. For the purpose of this explanation, shorter address registered under rule 36 of Standards of Weights and Measures (Packaged Commodities) Rules, 1977, shall also be treated as complete address.

Explanation III-- For the purpose of declaration of month and year of manufacture, the provision under rules 6(B) of Standards of Weights and Measures (Packaged Commodities) Rules, 1977 shall apply.

⁴³ [***]

Explanation V--"Multipiece package" means a package containing two or more individually packaged or labelled pieces of the same commodity of identical quantity, intended for retail either in individual places or packages as a wholc.

Explanation VI--"Wholesale package" means a package containing--

³[(a) a number of retail package, where such first mentioned package is intended for sale, distribution or delivery to an intermediary and is not intended for sale direct to a single consumer; or]

(b) acommodity of food sold to an intermediary in bulk to enable such intermediary to sell, distribute or deliver such commodity of food to the consumer in smaller quantity

⁴³ [***]

⁴³ [***]

(ii) In addition to the date of best before, any special conditions for the storage of the food shall be declared on the table if the validity of the dale depends on such storage.

⁵[Explanation IX.--"Non-Vegetarian Food" means an article of food which contains whole or part of any animal including birds, fresh waier or marine animals or eggs as an ingredient.]

Note.--The expression 'package' wherever it occurs in these rules, shall be construed as package containing prepacked commodity of food articles.

¹⁴[Explanation X- "Vegetarian Food" means any article of Food other than the Non-Vegetarian Food as defined in Explanation IX of this rule';]

32A. Nutritional Food.--

The food claimed to be enriched with nutrients such as minerals, proteins or vitamins shall give the quantities of such added nutrients on the label.

33. Languages of the particulars or declaration of the label.--

The particulars of declaration required under these rules to be specified on the label shall be in English or Hindi in Devnagri script:

Provided that nothing contained shall prevent the use of any other language in addition to the language required under this rule.

34. Dcelaration to be surrounded by line.--

There shall be a surrounding line enclosing the declaration and where the words "unsuitable for babies"are required to be used there shall be another such line enclosing these words.

35. Distance of surrounding line.--

The distance between any part of the words "unsuitable for babies" and the surrounding line enclosing these words shall not be less than 1.5 mm.

36. Principal display penal, its area, size and letter, etc.--

(1) Principal display panel means that part of a lable which is intended or is likely to be displayed, presented or shown or examined by the customerunder normal and customary conditions of display, sale or purchase of the commodity of food contained in the package.

(2) The area of the principal display panel shall not be less than--

(a) in the case of a rectangular container, forty percent of the product of height and width of the panel of such container having the largest area;

(b) in case of cylindrical or nearly cylindrical, round or nearly round, oval or nearly oval container, twenty per cent of the product of the height and average circumference of such container; or

(c) in the case of a container of any other shape, twenty per cent of the total surface area of the container except where there is lable, securely affixed to the container, such label shall give a surface area of not less man ten per cent of the total surface area of the container.

(3) In computing the area of the principal display panel, the tops, bottoms, flanges at lop and bottoms of cans, and shoulders and necks of bottles or jars shall be excluded.

(4) In the case of package having a capacity of five cubic centimetres or less, the principal display panel may be card or tape affixed firmly to the package or container and bearing the required information under these rules.

(5) The height of any numeral in the declaration required under these rules, on the principal display panel shall not be less than--

(i) as shown in Table-I below if the net quantity is declared in terms of weight or volume.

TABLE - I

TABLE - II

6. The height of letters in the declaration under sub-rule (5) shall not be less than 1 mm height. When blown, formed, moulded, embossed or perforated, the height of letters shall not be less than 2 mm:

Provided that the width of the lelter or numeral shall not be less than one third of its height, but this proviso shall not apply in the case of numeral 'I' and letters i, I and 1:

Provided funher that in case of label declarations required under rule 42 except in case declaration specifying instructions for use or perparation of the product, the sizeofletters shall not be less than 3 mm:

Provided also that the size of lelter specified under this rule shall be applicable to declaration made only under rule 32 or 32-A of these rules.

(7) Every declaration which is required to be made on package under these rule shall be--

(a) legible, prominent, definite, plain and unambiguous;

(b) conspicuous as to size number and colour; and

(c) as far as practicable, in such style or type of lettering as to be boldly, clearly and conspicuously present in distinct contrast to the other type, lettering or graphic material used on the package, and shall be printed or inscribed on the package in a colour that contrasts conspicuously with the background of the lable:

Provided that--

(a) Where any lable information is blown, formed or moulded on a glass or plastic surface or where such information is embossed or perforated on a package, that information shall not be required to be presented in a contrasting colours;

(b) Where any declaration on a package is printed either in the form of a handwriting or hand script, such declaration shall be clear, unambiguous and legible.

(8) No declaration shall be made so as to require it to be read through any liquid commodity contained in the package.

(9) Where a package is provided with an outside container or wrapper such container or wrapper shall also contain all the declarations which are required to appear on the package except where such container or wrapper itself is transparent and the declarations on the package are easily readable through such outside container or wrapper.

37. Labels not to contain false or misleading statements.--

A label shall not contain any statement, claim, design, device, fancy name or abbreviation which is false or misleading in any particular concerning the food contained in the package, or concerning the quantity or the nutritive value or in relation to the place of origin of the said food:

Provided that this rule shall not apply in respect of established trade or fancy names of confectionery, biscuits and sweets such as Barley, Sugar, Bulls ice-cream Cracker, or in respect of aerated waters such as Ginger Beer or Gold Spot or any other name in existence in international trade practice.

⁴⁴ [37 A. Manufacture of proprietary food: -

(1) Proprietary food means a food which has not been standardized under the Prevention of Food Adulteration Rules, 1955.

(2) In addition to the provisions including labeling requirements as prescribed under these rules, all proprietary foods shall also conform to the following requirements: -

(a) the manufacturer of proprietary products shall obtain separate licence for manufacture of each proprietary food products:

Provided that Halwais manufacturing traditional foods like Indian traditional snacks and sweets shall obtain a composite licence;

(b) the name of the food and/or category under which if falls in these rules shall be mentioned on the label;

(c) tobacco and nicotine shall not be used as ingredients in the manufacture of proprietary food products;

(d) where any food contains any allergenic and / or hypersensitive ingredients as identified under the rules, or any ingredient originating from an allergenic and / or hypersensitive ingredients does not specify the allergenic ingredients / hypersensitive ingredients, such food shall bear the label declaration as provided under clause(24) of sub-rule (zzz) of rule 42.

(e) the proprietary food product shall not contain food additives except as provided in the rules for that food and / or category of food.]

 37B. Labelling of infant milk substitute and infant food.--

⁴⁰ [(1) An article of infant milk substitutes / infant foods whose standards are not prescribed in Appendix B shall be manufactured for sale, exhibited for sale or stored for sale only after obtaining the approval of such articles of food and its label from Government of India.]

⁴⁵ [(1A)] Without prejudice to any other provisions relating to labelling requirements contained in these rules, every container of infant milk substitute or infant food or any label affixed thereto shall indicate in a clear, conspicuous and in an easily readable manner, the words "IMPORTANT NOTICE" in capital letters and indicating thereunder the following particulars, namely:--

(a) a statement "MOTHER'S MILK IS BEST FOR YOUR BABY" in capital letters. The types of letters used shall not be less than five millimeters and the text of such statement shall be in the Central Penal of every container of infant milk substitute or infant food or any lable affixed thereto. The colour of the text printed or used shall be different from that of the background of the label, container ²⁵[***], as the case may be. In ease of infant food, a statement indicating "infant food shall be introduced only ²³[after the age of six months and upto the age of two years]" shall also be given.

(b) a statement that infant milk substitute or infant food should be used only on the advice of a health worker as to the need for its use and the proper method of its use;

(c) a warning that infant milk substitute or infant food is not the sole source of nourishment of an infant.

(d) a statement indicating the process of manufacture ³²[spray dried] except in case of infant foods, instruction for appropriate and hygienic preparation including cleaning of utensils, bottles and teats and warning against health hazards of in-appropriate preparations, as under:

"Warning/caution-Careful and hygienic preparation of infant foods/infant milk substitute is most essential for health. Do not use fewer scoops than directed since diluted feeding will not provide adequate nutrients needed by your infant. Do not use more scoops than directed since concentrated feed will not provide the water needed by your infant"

(e) the approximate composition of nutrients per 100 gms. of the product including its energy value in Kilo Calories/Joules;

(f) the storage condition specifically stating "store in a cool and dry place in an air tight container" or the like ³³[after opening use the contents within the period mentioned or the expiry date whichever is earlier];

(g) the feeding chart and directions for use and instruction for discarding left over feed;

(i) instruction for use of measuring scoop (level or heaped) and the quantity per scoop (scoop to be given with pack); (i) indicating the Batch No., Month and Year of its manufacture and ³⁴[expiry date].

(j) the protein efficiency ratio (PER) which shall be minimum 2.5 if the product other than infant milk substitute it claimed to have higher quality protein.

³³[(k) the specific name of the food additives, if permitted, shall be declared in addition to appropriate class names.].

²⁶[(2) No containers or label referred to in sub-rule (i) relating to infant milk substitute or infant food shall have a picture of infant or women or both. It shall not have picture or other graphic materials of phrases designed to increase the sale-ability of the infant milk substitute or infant food. The terms "Humanised" or "Maternalised" or any other similar words shall not be used. The Package and/or any other label of infant milk substitute or infant food shall not exhibit the words, "Full Protein Food", "Energy Food", "Complete Food" or "Health Food" or any other similar expression.]

(3) The containers of infant milk substitute meant for ³⁵[premature baby (born before 37 weeks)/ low birth weight infant (less than 2500 gm)] or labels affixed thereto shall indicate the following additional information, namely:--

(a) the words ³⁶[PREMATURE BABY (BORN BEFORE 37 WEEKS)/LOW BIRTH WEIGHT (LESS THAN 2.5KG)]  in capital letters alongwith the product name in central penal;

(b) a statement "the low birth weight infant milk substitute shall be withdrawn under medical advice as soon as the mother's milk is sufficiently available"; and

(c) a statement "TO BE TAKEN UNDER MEDICAL ADVICE" in capital letters.

(4) The product which contains neither milk nor any milk derivatives shall be labelled "contains no milk or milk product" in conspicuous manner.

³⁷[(5) The container of infant milk substitute for lactose or lactose and sucrose intolerant infants or label affixed thereto shall indicate conspicuously "LACTOSE - FREE or SUCROSE -FREE or LACTOSE and SUCROSE - FREE" in capital letters and statement "TO BE TAKEN UNDER MEDICAL ADVICE" and shall also bear the following statements, namely: -

"Lactose free Infant Milk Substitute should only be used in case of diarrhoea due to lactose intolerance.

The lactose free / sucrose free Infant Milk Substitute should be withdrawn if there is no improvement in symptoms of intolerance.”

(6) The container of infant milk substitute meant for infants with allergy to cow's/buffalo's milk protein or soy protein or label affixed thereto shall indicate conspicuously "HYPOALLERGENIC FORMULA" in capital letters and statement "TO BE TAKEN UNDER MEDICAL ADVICE.].

37C. Labelling of Irradiated Food.--

The labelling of prepacked irradiated food shall be in accordance with the provisions of Rule 32 and Rule 42 of the Prevention of Food Adulteration Rules, 1955 and the provisions of the Atomic Energy (Control of Irradiation of Food) Rules, 1991, under the Atomic Energy Act, 1962 (Act 33 of 1962).

37D. Labelling of edible oils and fats.--

The package, label or the advertisement of edible oils and fats shall not use the expressions "Super-Refined", "Extra-Refined", "Micro-Refined", "Double-Refined", "Ultra-Refined", "Anti-Cholesterol", "Cholesterol Fighter", "Soothing to Heart", "Cholesterol Firendly", "Saturated Fat Free" or such other expressions which are an exaggeration of the quality of the Product.

³⁰[37-E Labelling of Genetically Modified Food.--

Genetically engineered or modified Foods means food and food ingredients composed of or containing genetically modified or engineered organisms obtained through modem biotechnology, or food and food ingredients produced from but not contained genetically modified or engineered organisms obtained through modern biotechnology;

In addition to the labelling provisions as prescribed under these rules, the Genetically Modified Food shall also conform to the following labelling requirements: -

(a) a GM Food, derived there from, whether it is primary or processed or any ingredient of food, food additives or any food product that may contain GM material shall be compulsorily labelled, without any exceptions;

(b) the label of all package (s) of GM Food(s) or foods containing ingredients, derived from Biotechnology or Bioengineering or food additives or any food product that may contain GM material shall indicate that they have been subject to genetic modification. These provisions will be applicable to all such products both imported or domestically produced; and

(c) the label of imported GM Food or derived there from, whether it is primary or processed or any ingredient of food, food additives or any food product that may contain GM material shall also indicate that the product has been cleared for marketing and use in the country of origin so that the verification, if needed can be taken up with that country without having to resort to testing.]

38. Labels not to contain reference to Act or rules contradictory to required particulars.--

The label shall not contain any reference to the Act or any of these rules or any comment on, or reference to, orexplanation of any particulars or declaration required by the Act or any of these rules to be included in the label which directly or by implication, contradicts, qualifies or modifies such particulars or declaration or approved for medical purpose.

39. Labels not to use words implying recommendations by medical profession.--

There shall not appear in the iabel of any package containing food for sale the words "recommended by the medical profession" or any words which imply or suggest that the food is recommended, prescribed or approved by medical practitioners.

40. Unauthorised use of words showing imitation prohibited.--

(1) There shall not be written in the statement or label attached to any package containing any article of food the word "imitation" or any word, or words implying that the article is a substitute for any food, unless the use of the said words is specifically permitted under these rules.

⁴⁶ [(2) (i) Any fruit syrup, fruit juice, fruit squash, fruit beverages, cordial, crush or any other fruit products standardized under Appendix B of these rules, which does not contain the prescribed amount of fruit juice / fruit pulp / fruit content shall not be described as fruit syrup, fruit juice, fruit squash, fruit beverages, cordial, crush or any other fruit product as the case may be and such products, shall be described as non-fruit products.

(ii) Every non-fruit product shall be mentioned in clear, conspicuous and easily readable manner, marked on the label as 'NON-FRUIT PRODUCT' and the container containing such product shall not have pictures of fruits or word fruit whether attached thereto or printed on the wrapper of such container or otherwise, which may lead the consumer into believing that it is a fruit product.

(iii) Any food product which contains only fruit flavours whether natural flavours and natural flavouring substances or nature identical flavouring substances or artificial flavouring substances as single or in combination, shall not be described as a fruit product and the word 'FRUIT' shall not be used in describing such a product and such product shall not be sold with a label which carries the picture or word of any fruit. However, the product may contain a declaration as "contains (name of the fruit) flavour "

(iv) Any food product in which fruit has not been used as ingredient, the word 'FRUIT' shall not be used in describing such a product and such product shall not be sold with a label which carries the picture or word of any fruit.

(v) Carbonated water containing no fruit juice or fruit pulp shall not have a label which may lead the consumer into believing that it is a fruit product.]

(3) Any fruit and vegetable product alleged to be fortified with vitamin C shall contain not less than 40 mgm. of ascorbic acid per 100 gm. of the product.

41. Imitations not to be marked "pure".--

The word "pure" or any word or words of the same significance shall not be included in the label of a package that contains an imitation of any food.

42. Form of labels.--

(A) COFFEE-CHICORY MIXTURE--

(i) Every package containing a mixture of Coffee and Chicory shall have affixed to it a label upon which shall be printed following declaration:--

(ii) Every package containing instant coffee chicory mixture shall have affixed to it a label upon which shall be printed the following declarations :--

B) CONDENSED MILK OR DESSICATED (DRIED) MILK.—

(i) Every package containing condensed milk ordcssicaled (dried) milk shall bear a label upon which is printed such one of the following declarations as may be applicable or such other declaration substantially to the like effect as may be allowed by the State Government.

(a) In the case of condensed milk (unsweetened):

(b) In the case of condensed milk (sweetened):

(c) In the case of condensed skimmed milk (unsweetened):

(d) In the case of condensed skimmed milk (sweetened):

(dd) In the case of condensed milk (sweetened and flavoured):

(ddd) In the case of condensed milk/condensed skimmed milk (unsweetened) sterilised by Ultra High Temprature (UHT) treatment):

(e) In the case of milk powder :

(ee) In the case of milk powder which contain lecithin :

(f) In the case of partly skimmed milk powder :

(g) In the case of skimmed milk powder :

(ii) The declaration shall in each case be completed by inserting at (x) the appropriate number in words and in figures, for example, "one and half (1-1/2)", any fraction being expressed as eight quarters or a half, as the case may be. .

(iii) There shall not be placed on any package containing condensed milk or dessicated (dried) milk any comment on, explanation of, or reference to either the statement of equivalence, contained in the prescribed declaration or on the words "machine skimmed", "skjmined" or "unsuitable for babies" except instructions as to dilution as follows :

"To make a fluid not below the composition of toned milk or skimmed milk  (as the case may be) with the contents of this package add (here insert the number of parts) of water by volume to one part by volume of this condensed milk or dessicated (dried) milk".

Sweetened condensed milk and othersimilar products which are not suitable for infant feeding shall not contain any instruction of modifying them for infant feeding.

(iv) Wherever the word "milk" appears on the label of a package of condensed skimmed milk or of (dried) skimmed milk as the description or part of the description of the contents it shall be immediately preceded or followed by the word "machine skimmed" or "partly skimmed", as the cases may be.

(C) FLUID MILK -- The caps of the milk bottles shall clearly indicate the nature of the milk contained in them. The indication may be either in full or by abbreviation shown below:

(i) Buffalo milk may be denoted by the letter 'B'.

(ii) Cow milk may be denoted by the letter 'C'.

(iii) Goat milk may be denoted by the letter 'G'.

(iv) Standardised milk may be denoted by the letter'S'.

(v) Toned milk may be denoted by the letter'T'.

(vi) Double toned milk may be denoted by the letter 'DT.

(vii) Skimmed milk may be denoted by the letter 'K'.

(viii) Pasteurised rnilk may be denoted by the letter' P' followed by the class of milk. For example Pasteurised Buffalo milk shall bear the letters 'PB" alternatively colours of the caps of the milk bottles shall be indicative of the nature of milk contained in them, the classification of colours being displayed at places where milk is sold/stored or exhibited for sale, provided that the same had been simultaneously intimated to the concerned Local (Health)) Authority. Other media of information like Press may also be utilised.

(D) ICE-CREAM.--Every dealer in ice-cream or mixed ice-cream who, in the street or other place of public resort, sells or offers or exposes for sale, ice-cream or ice-candy from a stall or from a cart, barrow or other vehicle, or from a basket, phial, tray or other container used without a staff or a vehicle shall have his name and address along with the name and address of the manufacturer, if any, legibly and conspicuously displayed on the stall, vehicle or container as the case may be.

(E) HINGRA--Every container containing Hingra shall bear a label upon which is printed a declaration in the following form namely :

"This container contains Hingra (Imported from Iran/Afghanistan) and is certified to be conforming to the standards laid down in the Prevention of Food Adulterar -- tionRuies, 1955."

(F) LIGHT BLACK PEPPER-- Every package containing light black pepper shall bear the following label in addition to the Agmark seal andthe requirements prescribed under Rule 32:

(G) Every package containing "CASSIA BARK" shall bear the following label :

(GG) Every package containing "CINNAMON" shall bear the following label :

(H) Every package of chillies which contains added edible oil shall bear the following label:

(J) Every package of ice-cream, kulfi, kulfa, and chocolate ice-cream containing starch shall have a declaration on a label as specified in sub-rule (2) of Rule 43.

(K) ¹³[***]

(L) MASALA.--Every package of mixed masala fried in oil shall bear the following label:--

(M) COMPOUNDED ASAFOETIDA.--Every container of compounded asafoetida shall indicate the approximate composition of edible starch or edible cereal flour used in the compound, on the label.

(N) Every package containing maida treated with improver or bleaching agents shall carry the flowing label, namely :

(O) Every package containing an admixture of palmolein with groundnut oil shall carry the following label, namely:

(P) Every package containing an admixture of imported rape-seed oil with mustard oil, shall carry the following label, namely :

(Q) Every package of synthetic food colour preparation and mixture shall bear a label upon which is printed a declaration giving the percentage of total dye content.

(R) Unless otherwise provided inthese rules, every package of malted milk food which contains added natural colouring matter except caramel, shall bear the following label:

(S) Every advertisement for and/or a package of food containing added Monosodium Glutamate shall carry the following declaration, namely:--

[(T) Every container of refined salseed fat shall bear the following label, namely :--

⁸ [(v) Every container or package of table iodised salt or iron fortified common salt containing permitted anticaking agent shall bear the following label, namely: -

(VV) Every container or package of iron fortified common salt shall bear the following label namely:-- 

(W) Every container of refined vegetable oil shall bear the following label, namely:-

Provided that the container of imported edible oil shall also bear the words, "IMPORTED" as prefix].

(X) Every package of the Dried Glucose Syrup containing sulphurdioxide exceeding 40 ppm. shall bear the following label, namely:--

⁶[***]

(Y Y) A package containing tea with added flavour shall bear the following label, namely:--

(Z)A package containing annatto colour in vegetable oils shall bear the following label, namely:--

(ZZ) Every package containing an admixture of edible oils shall carry the following label, namely:--

²⁹[There shall also be the following declaration in bold capital letters along with the name of product on front / central panel, -

(ZZZ) Every package of chewing tobacco shall bear the following label, namely:--

(ZZZ) (1) Every package of food which is permitted to contain artificial sweetener mentioned in table given in Rule 47, and an advertisement for such food shall carry the following label, namely:--

²⁴[(ZZZ)(1)(A)--In addition to the declaration under rule (ZZZ) (1), every package of food which is permitted to contain artificial sweetener mentioned in table in rule 47 and an advertisement for such food shall carry the following label, namely:--"

CONTAINS ARTIFICIALS SWEETENER AND FOR CALORIE CONSCIOUS

(ZZZ)(1)(B)--The declaration under sub-rule (ZZZ)(1)(A) shall be provided alongwith name or trade name of product and shall be of the half of the size of the name/trade name. The declaration may be given in two sentences, but in the same box:

Provided that the provision of these rules shall not apply in respect of any food which is manufactured and packed before the commencement of Prevention of Food Adulteration (1st Amendment) Rules, 2004.]

¹⁸[(zzz)(2) Every package of Aspertame (Methyl ester), Acesulfame K, ⁴⁷[Sucralose] and Saccharin Sodium marketed as Table Top Sweetener and every advertisement for such Table Top Sweetener shall carry the following label, namely :-

Provided that the package of aspertame (Methyl ester), marketed as Table TopSweetener and every advertisement for such Table Top Sweetener shall carry thefollowing label, namely :- —

 (ZZZ)(3) Every package of Pan Masala and advertisement relating thereto, shall carry the following warning, namely :--

(ZZZ)(4) Every package of vanaspati made from more than 30 per cent of Rice bran oil shall bear the following label, namely:--

 (ZZZ)(5) Every package containing Fat Spread shall carry the following label, namely:--

(ZZZ)(6) Every package of supari and advertisement relating thereto shall carry the following warning in conspicuous and bold print, namely :--

(ZZZ)(7) All packages of irradiated food shall bear the following declaration and logo, namely:--

(ZZZ) (8) Every package of fruit squash by whatever name it is sold, containing additioral sodium or potassium salt shall bear the following label, namely:--

(ZZZ) (9) Every package of chees (hard) surface treated with Natamyein, shall bear the following label, namely:--

(ZZZ) (10) Every package of Bakery and Industrial Margarine made from more than 3 0 per cent of Rice Bran Oil shall bear the following label, namely:--

(ZZZ) (11)  ⁹[***]

(ZZZ)(12) Every package of food which is permitted to contain a mixture of Aspertame (Methyl Ester) and Acesulfame Potassium Sweeteners mentioned in the Table given in Rule 47, shall carry the following label, namely:--

⁷[(ZZZ) (13) Every container or package of flavour emulsion and flavour paste meant for use in carbonated or non-carbonated beverages shall carry the following declaration, in addition to the instructions for dilution, namely :--

¹¹[(14) Every package of drinking water shall carry the following declaration in capital letters having the size of each letter as prescribed in Rule 36.

²¹[One time usable plastic bottles of packaged drinking water shall carry the following declaration

¹⁰[(15) Every package of mineral water shall carry the following declaration in capital letters having the size of each letter as prescribed in Rule 36:

²¹[One time usable plastic bottles of mineral water shall carry the following declaration

¹⁴["(17) Every package of Vegetarian Food shall bear the following symbol in green colour on the principal display panel just close in proximity to name or brand name of the Food, namely: ]

²⁰["(zzz)( 18) Every package of food having added caffeine, shall carry the following Libel, namely ;-

Provided if caffeine is added in the products, it shall be declared on the body of the container / bottle.

Provide also that in case of returnable glass bottles, which arc recycled lor refilling the declaration of caffeine, may be given on the crown.]

²⁷[(ZZZ)(19)- Every package of Low Fat Paneer/Chhana shall carry the following label, namely:-

Low Fat Paneer/Chhana

(ZZZ) (20)- Every package of Cheese(s), if coated /packed with food grade waxes/polyfilm/wrapping of cloth, shall bear the following label, namely: -

Remove the outer coating/packing before consumption

(ZZZ) (21)- Every package of Frozen Desert/Frozen Confection shall bear the following label, namely:-

Frozen Deserts/Frozen Confection Contain.................. Milk Fat * /Edible Vegetable Oil */and Vegetable Fat *.

         Strike out whichever is not applicable.]

⁸[(22) Every container or package of common salt shall bear the following label, namely:-

³¹["(23) Every package of biscuits, bread and cakes containing Oligofructose shall bear the following declaration, namely: -

 ⁴⁰ [(24) Every package of food containing any allergenic and/ or hypersensitive ingredients shall bear the following label:-

⁴⁸[(ZZZ)⁴⁹[(25)] Every package of fresh fruit or fresh fruits sold in loose, if coated with wax shall carry the following label, namely:-

43. Notice of addition, admixture or deficiency in food.--

(1) Every advertisement and every price or trade list or label for an article of food which contains an addition, admixture or deficiency shall describe the food as containing such addition, admixture or deficiency and shall also specify the nature and quantity of such addition, admixture or deficiency. No such advertisement or label attached to the container of the Food shall contain any words which might imply that the food is pure:

Provided that for the purpose of this rule the following shall not be deemed as an admixture or an addition namely--

(a) salt in butter or margarine;

(b) vitamins in food.

(2) Every package, containing a food which is not pure by reason of any addition, admixture or deficiency shall be labelled with an adhesive label, which shall have the following declaration:

(a) Here insert the name of food.

(b) Here insert the quantity of admixture which may be present.

(c) Here insert the name of the admixture or the name of the ingredient which is deficient. Where the context demands it, the words 'contains an admixture of shall be replaced by the words "contains an addition of or 'is deficient in'.

(3) Unless the vendor of a food containing an addition, admixture or deficiency, has reason to believe that the purchaser is able to read and understand the declaratory label, he shall give the purchaser, if asked, the information contained in the declaratory label by word of mouth at the lime of sale.

(4) Nothing contained in this rule shall be deemed to authorise any person to sell any article of food required under the Act or these rules to be sold in pure condition, otherwise than in its pure condition.

(5) Nothing contained in the rule shall apply in the case of sweets, confectionery, biscuits, bakery products, processed fruits, aerated water, vegetables and flavouring agents.

43A. Restriction on Advertisement.--

There shall be no advertisemenl of any food which is misleading or contravening the provisions of Prevention of Food Adulteration Act, 1954 (37 of 1954), or the rules made thereunder.

Explanation.--The term 'Advertisement' means any visible representation or announcement made ¹⁵[by means of any light, sound, smoke, gas, print, electronic media, internet or website].

_____________________________________

1.    Inserted by G.S.R. 380 (E), dated 25th June, 1998 (w.e.f. 09.07.1998) and omitted by G.S.R. 769 (E), dated 15th November, 1999 and agian Inserted by G.S.R. 463 (E), dated 17th May, 2000 (w.e.f. 17.11.2000).

2.    Inserted by G.S.R. 537(E), dated 13th June,2000 (w.e.f. 01.09.2000).

3.    Substituted by G.S.R. 537 (E), dated 13th June, 2000 (w.e.f. 01.09.2000).

4.    Inserted by G.S.R. 380 (E), dated 25th June, 1998 (w.e.f. 09.07.1998) and omitted by G.S.R. 769 (E), dated 15th November, 1999 and again Inserted by G.S.R. 537 (E), dated 13th June, 2000. (w.e.f. 01.09.2000).]

5.    Inserted by G.S.R. 463 (E), dated 13th May, 2000 (w.e.f. 01.09.2000).]

6.           Omitted by G.S.R. 694(E), dated 11th October, 1999 (w.e.f. 11.4.2000).

7.           Inserted by GSR718(E) dated 13.09.2000.

8.           Substituted by GSR670(E) dated 17.11.2005 for the following sub rule :-

“(V) Every container or package of edible common salt or iodised salt or iron fortified common salt containing permitted anti-caking agents shall bear the following label, namely :--

*Strike out whichever is not applicable.”

9.       Omitted by GSR716(E) dated 13.09.2000. Prior to omission it was as under:--

“(ZZZ) (11) Every container or package of common salt shall bear the following label, namely:--

10.     Inserted by GSR759(E) dated 29.09.2000.

11.             Inserted by GSR760(E) dated 9.09.2000.

12.             Substituted by GSR877(E) dated 20.11.2000 for the following

“(c) the name and complete address of the manufacturer or importer or vendor or packer.”

13.             Omitted by GSR67(E) dated 05.02.2001. Pror to omission it read as under:-

“(K) Partly skimmed milk powder (sour) used by industry like bakery, containing sodium bicarbonate as a neutralizer shall have a label declaration as "UNFIT FOR DIRECT CONSUMPTION".]”

14.             Inserted by GSR908(E) dt 20.12.2001.

15.             Substituted by GSR382(E) dated 28.05.2002 for the words “by means of any
                   light, sound, smoke or gas”.

16.             Inserted by GSR853(E) dated 30.12.2002.

17.             Substituted by GSR853(E) dated 30.12.2002 for the following:-

18.             Substituted by GSR853(E) dated 30.12.2002 for the following:-

“(ZZZ) (2) Every package of Aspertame (Methylester). Acesulfame-K and Saccharin Sodium marketed as Table Top Sweetener and every package of carbonated water/Synthetic solfit drink concentrate containing either of these artificial sweeteners and every advertisement for such Table Top Sweetener or such carbonated water/synthetic soft drink concentrate shall carry the following label namely:--

"Contains.......................................................................................................................................(Name of artificial sweetener) Not recommeded for Children":

Provided that the package of aspertame (Methylester) marketed as Table Top Sweetener and every package of food containing Aspertame, and the advertisement for such Table Top Sweetener and Food shall also carry the following label namely:--

"Not for Phenylkeloneurics".”

19.             Substituted by GSR853(E) dated 30.12.2002 for the following:-

20.             Inserted by GSR853(E) dated 30.12.2002.

21.             Inserted by GSR831(E) dated 21.10.2003.

22.             Substituted by Notification No. GSR 388(E) dated 25.06.2004 for the following :-

“Note.--A specific name shall be used for ingredients in the list of ingredients except that,--

(i) for ingredients in the respective classes, the following class titles may be used, namely:--

"edible fats, edible oils, spice and condiments, edible starches (except modified starches), vitamin and minerals, salts. However in case of curry powder or mixed masalas whole or other such masala containing spices, either whole or powdered as major ingredient the names of spices used in the product be mentioned on the label in descending order (heir composition by weight."

(ii) for substances falling in the respective classes and appearing in the list of food additives permitted for use in foods generally, the following class titles may be used, namely, anlioxidants, anticaking agents, flavour improvers sequestering and buffering agents, bleaching agents, emulsifying and stabilising agents, antifoaming agents, preservatives, colours flavours, vitamins, minerals and edible gums.”

23.             Substituted by Notification No. GSR 388(E) dated 25.06.2004 for the words “after four months of age”.

24.             Inserted by Notification No. GSR 388(E) dated 25.06.2004.

25.             Deleted by Notification No. GSR 339(E) dated 27.05.2005 the words “or the advertisement”.

26.             Substituted by Notification No. GSR 339(E) dated 27.05.2005 for the words : -

“(2)No container or label referred to in sub-rule (1) relating to infant milk substitute and any advertisement relating thereto shall have a picture of infant or woman or both, it shall not have picture or other graphic materials or phrases designed to increase the saleability of the infant milk substitute. The terms "Humanised" or Maternalised" or any other similar words shall not be used. The package and/or the label and/or the advertisement of infant foods infant milk substitute shall not exhibit the words "full protein food" "energy food" "complete food" or "Health Food." or any other similar expression.”

27.             Inserted by Notification No. GSR 356(E) dated 07.06.2005

28.             Inserted by Notification No. GSR 688(E) dated 23.11.2005.

29.             Inserted by Notification No. GSR731(E) dated 21.12.2005.

30.             Inserted by Notification No. GSR152(E) dated 10.03.2006.

31.             Inserted by Notification No. GSR400 (E) dated 23.06.2006.

32.             Substituted by Prevention of Food Adulteration (Vth Amendment) Rules, 2006 notified through GSR398(E) dated 03-07-2006 for the words “(spray or roller dried)”.

33.             Inserted by Prevention of Food Adulteration (Vth Amendment) Rules, 2006 notified through GSR398(E) dated 03-07-2006.

34.             Substituted by Prevention of Food Adulteration (Vth Amendment) Rules, 2006 notified through GSR398(E) dated 03-07-2006 for the words “month and year before which it is to be consumed”.

35.             Substituted by Prevention of Food Adulteration (Vth Amendment) Rules, 2006 notified through GSR398(E) dated 03-07-2006 for the words “low birth weight infant (less than 2500 gm)”.

36.             Substituted by Prevention of Food Adulteration (Vth Amendment) Rules, 2006 notified through GSR398(E) dated 03-07-2006 for the words “LOW BIRTH WEIGHT (LESS THAN 2.5 KG)”.

37.             Substituted by Prevention of Food Adulteration (Vth Amendment) Rules, 2006 notified through GSR398(E) dated 03-07-2006 for foll:

“(5) The container of infant milk substitute for lactose intolerant infants or label affixed thereto shall indicate conspicuously "LACTOSE FREE" in capital letters and statement "TO BE TAKEN UNDER MEDICAL ADVICE".

38.    Substituted for the following by the Prevention of Food Adulteration (VII th Amendment) Rules, 2006, dated 21.08.2006

“32. Package of food to carry a label- Every package of food shall carry a label and unless otherwise provided in these rules, there shall be specified on every label:-

(a) the name, trade name or description of food contained in the package;

(b) the names of ingredients used in the product in descending order of their composition by weight or volume as the case may be.”

39.    Omitted by the Prevention of Food Adulteration (VII th Amendment) Rules, 2006, dated 21.08.2006

“ Provided that in the case of artificial flavouring substances, the label may not declare the chemical names of the flavours, but in me case of natural flavouring substances or nature-identical flavouring substances, the common name of flavours shall be mentioned on the label:

¹[Provided further that whenever any article of food contains whole or part of any animal including birds and fresh water or marine animals or eggs as an ingredient, adeclaration to this effect shall be made by a symbol and colour code so stipulated for this purpose to indicate that the product is Non-Vegetarian Food. The symbol shall consist of a circle with a single chord passing through its centre from top left hand side to the right diagonally as indicated below:--

The symbol shall be displayed in prominent red colour on the package having contrast background and shall have width of circumference equal to the width of the letters used in the name or brand name of the product and diameter equal to the height of the letters used for the name or brand name of the product. The symbol shall be displayed just above the name or brand name of the product and approximately to its centre and shall form an integral part of the name or brand name of any article of Non-Vegetarian Food, to be indicated wherever the name or brand name shall be displayed, including labels, containers as well as in pamphlets, leaflets, advertisements in any media, etc.

The symbol and colour code used to indicate nature of the food as Non-Vegetarian, shall be published/displayed extensively by the manufacturers, or packers or sellers, so as to reach the entire population irrespective of their literacy status.]

²[Provided further that when statement regarding addition of colours or flavours is displayed on the label in accordance with rule 24 and rule 64BB respectively, addition of such colours or flavours need not be mentioned in the list of ingredients:

Provided also that in case both colour and flavour are used in the product, one of the following combined statements in capital letters shall be displayed, just beneath the list of ingredients on the label attached to any package of food so coloured and flavoured, namely:--

(i) CONTAINS PERMITTED NATURAL COLOUR(S) AND ADDED FLAVOUR(S)

OR

(ii) CONTAINS PERMITTED SYNTHETIC FOOD COLOUR(S) AND ADDED FLAVOUR(S)

OR

(iii) CONTAINS PERMITTEDNATURAL AND SYNTHETIC FOOD COLOUR(S) AND ADDED FLAVOUR(S)

OR

(iv) CONTAINS PERMITTED NATURAL '/AND* SYNTHETIC* COLOURS AND ADDED FLAVOURS' (for the period upto and inclusive of 1st September, 2001).

(*Slrike out whichever is not applicable]

Provided also that whenever Gelatine is used as an ingredient, a declaration to this effect shall be made on the lebel by inserting the word "Gelaline-Animal Origin."

In case of packages of confectionery weighing 20 gm. or less, which are also exempted from the declaration of ingredients, will be exempted from the declaration "Animal Origin" even if it contains Gelatine provided that such declaration shall be given on the multipiece package in such a manner that the same is readable even without opening the package.”

40.    Inserted by the Prevention of Food Adulteration (VII th Amendment) Rules, 2006, dated 21.08.2006

41.    Substituted for the following by the Prevention of Food Adulteration (VII th Amendment) Rules, 2006, dated 21.08.2006.

 “(d) the net weight or number or measure of volume of content, as the circumstances may require, except in the case of biscuits, breads, confectionery and sweets where the weight may be expressed in terms of either average net weight or minimum net weight.

Note.--In declaring the net quantity of the commodity contained in the package, the weight of the wrappers and material other than commodity shall be excluded: Provided that where a package contains a large number of small items of confectionery, each of which is separately wrapped and it is not reasonably practicable toexclude from the net weight of the commodity, the weight of such immediate wrappers of all the items of the confectionery contained in the package, the net weight declared on the package, containing such confectionery or on the label thereof may include the weight of such immediate wrapper if, and only if the total weight of such immediate wrapper does not exceed--

(i) 8 per cent where such immediate wrapper is a waxed paper or any other paper with wax of aluminium foil under strip; or

(ii) 6 percent in the case of any other paper, of the total net weight of all the items of confectionery contained in the package minus the weight of immediate wrapper.

(e) A distinctive batch number or lot number or code number, either in numerical or alphabets or in combination, the numericals or alphabets or their combination, representing the batch number or lot number or code number being preceded by the words "Batch No" or Batch or "Lot No" or "Lot" or any distinguishing prefix:

Provided that in case of canned food, the batch number may be given at the bottom, or on the lid of the container, but the words "Batch No." given at the bottom or on the lid, shall appear on the body of the container.

(f) the month and year in which the commodity is manufactured or prepacked:

Provided that in case of package weighing 20 g. less and liquid products marketed in bottles which are recycled for refilling, particulars under clause (b) need not be specified:

Provided further that such declaration shall be given on the lebel of multipiece package either on the label of mullipiece package or in a separate slip inside the multipiece package in such a manner the same is readable even without opening the package:

Provided also that in case of carbonated water containers and the packages of biscuits, confectionery and sweets, containing more than 60g but not more than 120g. and food packages weighing not more than 60g. particulars under clauses (d) and (e) need not be specified:

Provided also that in case of package containing bread and milk including sterilised milk, particulars under clause(e) need not be specified:

³[Provided also that in case of any package containing bread or liquid milk, sterilized or Ultra High Temperature treated milk, soya milk, flavoured milk, any package containing dhokla, bhelpuri, pizza, doughnuts, khoa, paneer or any uncanned package of fruits, vegetables, meat, fish or any other like commodity which has a short shelf life, the date, month and year in which the commodity is manufactured or prepared or prepacked shall be mentioned, on the label:

Provided also that incase of package containing confectionery weighing 20g. or less, the particulars under this clause need not be specified:]

(g) the date of expiry in case of packages of aspartame which shall not be more than three years from the date of packing;

(h) The purpose of irradiation and licence number in case of Irradiated Food.”

42.    Omitted by the Prevention of Food Adulteration (VII th Amendment) Rules, 2006, dated 21.08.2006

“Provided also that in case of a package containing confectionery weighing 20g or less, the particulars under clause (i) may not be specified:”

43.   Explanations - I, IV, VII and VIII are omitted by the Prevention of Food Adulteration (VII th Amendment) Rules, 2006, dated 21.08.2006.

44.   Substituted for the following by the Prevention of Food Adulteration (VII th Amendment) Rules, 2006, dated 21.08.2006.

“37A. Manufacture of proprietary foods and infant milk Substitute/infant foods.--

(1) An article of [infant milk substitutes/infant foods]whose standards are not prescribed in Appendix 'B', shall be manufactured for sale, exhibited for sale or stored for sale only after obtaining the approval of such article of food and its label from Government of India.

(2) In case of proprietary foods, the name of the food or category under which it falls in these rule? shall be mentioned on the label.

Explanation.--For the purposes of this rule--

(a) Omitted

(b) "proprietary food" means a food which has not been standardised under the Prevention of Food Adulteration Rules, 1955.”

45.   Renumbered by the Prevention of Food Adulteration (VII th Amendment) Rules, 2006, dated 21.08.2006.

46.   Substituted for the following by the Prevention of Food Adulteration (VII th Amendment) Rules, 2006, dated 21.08.2006.

“(2) Any fruit syrup, fruit juice, fruit squash, fruit beverage or cordial or crush which does not contain the prescribed amount of fruit juice, shall not be described as a fruit syrup, fruil juice, fruit sqash, fruit beverage or cordial or crush, as the case may be, and shall be described as a synthetic product. Every synthetic product shall be clearly and conspicuously marked on the label as "SYNTHETIC" and no container containing such product shall have a label, whether attached thereto or printed on the wrapper of such container or otherwise, which may lead the consumer into believing that it is a fruit product. Neither the word "FRUIT" shall be used in describing such a product nor shall it be sold under the cover of a label which carries picture of any fruit.

Carbonated water containing no fruit juice or pulp shall not have a label which leads the consumer into believing that it is a fruit product.”

47.     Inserted by the Prevention of Food Adulteration (9th Amendment) Rules, 2006, dated 31.10.2006.

48.      Inserted by the Prevention of Food Adulteration (10th Amendment) Rules, 2006, w.e.f . 30.03.2006.

49.      Substituted for the Brackets and figure "(24)" by Notification No. G.S.R. 242 (E), dated 28.03.2007.

PART VIII PROHIBITION AND REGULATIONS OF SALES

44. Sale of certain admixtures prohibited.--

Notwithstanding the provisions of Rule 43, no person shall either by himself or by any servant or agent, sell-

(a) cream which has not been prepared exclusively from milk or which contains less than 25 per cent, of milk fat,

(b) milk which contains any added water,

(c) ghee which contains any added matter noi exclusively derived from milk fat,

(d) skimmed milk (fat abstracted) as milk,

(e) a mixture of two or more edible oils as an edible oil,

(f) vanaspati to which ghee or any other substance has been added,

(g) Omitted,

(h) turmeric containing any foreign substance,

(i) mixture of coffee and any other substance except chicory,

(j) dahi or curd not prepared from boiled, pasteurised or sterilised milk,

(k) Omitted

(1) milk or a milk product specified in Appendix B containing a substance not found in milk, except as provided in the rules :

Provided that the Central Government may by notification in the Official Gazette exemptany preparations made of soluble extracts of coffee from the operation of this rule:

Provided that proprietary food articles relating to clause (i) shall be exempted, from the operation of this rule."

Provided further that in respect of clause (e) a maximum tolerance of 15.0 red units in 1 cm. cell on Lovibond scale is permitted when the oil is tested for Baudouin test without dilution, that is to say, by shaking vigorously for 2 minutes, 5ml. of the sample with 5ml. of hydrochloric acid (specific gravity 1.19. and 0.3 ml. of 2 per cent, alcoholic solution of furfural, and allowing to stand for 5 minutes:

Provided also that in respect of clause (e) maximum tolerance of 10 red unit in 1 cm. cell on Lovibond scale is permitted when the oil istested for Halphen's test without dilution, that is to say, by shaking 5 ml. of the sample with 5 ml. of sulphur solution [one per cent (w/ v) solution of sulphur in carbon-di-sulphide mixed with equal volume of amyl alcohol.], in a closed system test tube (250 x 25 cm.) heating in hot water (70°C--80°C) for a few minutes with occasional shaking until carbon-di-sulphide is boiled off and the sample stops foaming and then placing the tubeon saturated brine bath, capable of being regulated at 110°C--115°C for 2.5 hours:

Provided also that prohibition in clause (e) shall remain inoperative in respect of admixture of any two edible vegetable oils as an edible vegetable oil, where--

(a) the proportion by weight of any edible vegetable oil used in the admixture is not less than 20 per cent by weight and

(b) the admixture of edible vegetable oils, is processed or packed and soid, by the Department of Civil Supplies, Government of India (Directorate of Vanaspati, Vegetable Oils and Fats) or by the agencies in public, private or Joint sector authorised by the Department, or by the National Dairy Development Board or by the State Cooperative Oilseeds Growers Federation or Regional and District Cooperative Oilseeds Growers Union set-up under National Dairy Development Board's Oilseeds and Vegetable Oil Project or by the Public Sector undertakings of Central and State Govemmenls, in sealed packages weighing ⁸[not more than 15 litres] under Agmark Certification mark Compulsorily and bearing the label declaralion as laid down in clause (zz) of Rule 42; and

(c) the quality of each edible oil used in (he admixture conforms to the relevant standard prescribed by these rules.

Provided also that proprietary food articles, as defined in clause(b) of the Explanation to rule 37A, relating to clause (1) shall be exempted from the operation of this rule.

44A. --

No person in any State shall, with effect from such date as the State Government concerned may by notification in the Official Gazette specify in this behalf, sell or offer or expose for sale, or have in his possession for the purpose of sale, under any description or for use as an ingredient in the preparation of any article of food intended for sale-

(a) Kesari gram (Lathyrus sativus) and its products,

(b) Kesari dal (lathyrus sativus) and its products.

(c) Kesari dal flour (Lathyrus sativus) and its products.

(d) a mixture of Kesari gram (Lathyrus sativus) and bengal-gram (Cicer arietinum) or any other gram.

(e) a mixture of Kesari dal (Lathyrussativus) and Bengal-gram dal (Cicer arietinum) or any other dal.

(f) a mixture of Kesari dal (Lathyrus sativus) flour and Bengal-gram (Cicer arietinum) flour or any other flour.

Explanation. -- The equivalent of Kesari gram in some of the Indian languages are as follows:--

1. Assamese Khesari, Teora.

2. Bengali Khesari, Teora, Kassur, Batura.

3. Bihari Khesari, Teora, Kassur, Batura.

4. English Chikling vetch.

5. Gujarati Lang.

6. Hindi Khesari, Kessur, Kasari Kassartiuri, Batura, Chapri, Dubia, Kansari, Kesori, Latri, Tinra, Tiuri, Kassor.

7. Kannada Laki Bele, Kesari Bele.

8. Malayalam Kesari, Lanki, Vattu.

9. Tamil Muku.

10. Marathi Lakheri, Batri, Lakhi, Lang, Mutra,Teora Batroliki-dal, lakh.

11. Oriya Khesra, Khesari, Khesari dal.

12. Persian Masang.

13. Punjabi Kisari, Choral, Karas, Karil, Kasa, Kesari, Chapa.

14. Sanskrit Sandika, Triputi.

15. Sindhi Matter.

16. Telugu Lamka.

44AA. Prohibition of use of carbide gas in ripening of fruits.--

No person shall sell or offer or expose for sale or have in his premises for the purpose of saleunderany description, fruits which have been artificially ripened by use of acetylene gas, commonly known as carbide gas.

44AAA. No person shall sell or offer or expose for sale or have in his premises for the purpose of sale under any description, food articles which have been coated with mineral oil, except where the addition of mineral oil is permitted in accordance with the standards laid down in Appendix 'B'.

44B. Restriction on sale of ghee having less Reichert value than that specified for the area where such ghee is sold.--

(1) The ghee having less Reichert value and a different standard for Butyro-refractometer reading at 40???C than that specified for the area in which it is imported for sale or storage shall not be sold or stored in that area except under the 'AGMARK' seal:

Provided that such ghee may be (i) sold loose, after opening the 'AGMARK' sealed container, in quantities not exceeding two kilograms at a time, and (ii) used in the preparation of confectionery (including sweetmeats).

(2) A person selling--

(i) such ghee in the manner specified in sub-rule (1), and

(ii) confectionery (including sweetmeats) in the preparation of which such ghee is used, shall give a declaration in Form VI-B, to the Food Inspector when asample thereof is taken by him for analysis under section 10 of the Act and also to a purchaser desiring to have the sample analysed under section 12 of the Act.

(3) If on analysis such sample is found to be conforming to the standards of quality prescribed for the area where it is alleged to have been produced, the ghee shall not be deemed to be adulterated by reason only that it does not conform to the standards of quality prescribed for the area where it is sold.

44C. Restriction on sale of Til Oil Produced in Tripura, Assam and West Bengal.--

Til Oil (Sesame oil) obtained from white sesame seeds, grown in Tripura, Assam and West Bengal having different standards that those specified for til oil shall be sold in sealed containers bearing Agmark label. Where this til oil is sold or offered for sale without bearing an Agmark label, the standard given for til oil shall apply.

44D. Restriction on sale of Carbia Callosa and Honey dew.--

Carbia Callosa and Honey dew shall be sold only in sealed containers bearing Agmark seal.

44E. Restriction on sale of Kangra tea.--

Kangra tea shall be sold or offered for sale only after it is graded and marked in accordance with the provisions of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937), and the rules made thereunder.

44F. Restriction on Sale of irradiated food.--

Irradiated food shall be offered for sale only in prepackaged conditions.

44G. Conditions for sale of flavoured tea.--

(i) Flavoured tea shall be sold or offered for sale only by those manufacturers who are registered with Tea Board.

Registration No. shall be mentioned on the label.

(ii) It shall be sold only in packed conditions with label declaration as provided in clause 'yy' of Rule 42.

44H. ¹[***]

⁷[44 I. Restriction on sale of common salt –

No person shall sell or offer or expose for sale or have in his premises for the purpose of sale, the common salt, for direct human consumption unless the same is iodized:

Provided that common salt may be sold or exposed for sale or stored for sale for iodization, iron fortification, animal use, preservation, manufacturing medicines, and industrial use, under proper label declarations, as specified under clause (22) of sub-rule (zzz) of rule 42.]

¹² [44 J. Product not to contain any substances which may be injurious to health. - Tobacco and nicotine shall not be used as ingredients in any food products]

45. Food resembling but not pure honey not to be marked honey.--

No person shall use the word 'honey' or any word, mark, illustration, or device that suggests honey on the label or any packageof, or in any advertisement for, any food that resembles honey but is not pure honey.

46. Sale or use for sale of admixtures of ghee or butter prohibited.--

No person shall sell or have in his possession for the purpose of sale or for use as an ingredient in the preparation of an article of food for sale a mixture of ghee or butter and any substance (a) prepared in imitation of or as a substitute for ghee or butter, or (b) consisting of or containing any oil or fat which does not conform to the definition of ghee :

Provided where a mixture prohibited by this rule is required for the preparation of an article of food, such mixture shall be made only at the time of the preparation of such article of food.

47. Restriction on use and sale of artificial Sweeteners.--

(1) No artificial sweetener shall be added to any article of food :

³[Provided that artificial sweetener may be used in food articles mentioned in the table below in quantities not exceeding the limits shown against them and as per provision contained in Appendix C to these rules and shall bear the label declaration as provided in sub-rule (ZZZ)(1)(A), (ZZZ)(1)(D) and (ZZZ)(12) of rule 42.

TABLE

Explanation I:--Pan flavouring material refers to the flavouring agents permitted for human consumption to be used for pan. It shall be labelled us--

"PAN FLAVOURING MATERIAL"

Explanation II:--Maximum limit of artificial sweetener in soft drink concentrate shall be as in reconstituted beverage or in final beverage for consumption. Soft Drink concentrate label shall give clear instruction for reconstitution of products: for making final beverage.

⁴[Provided further that Saccharin Sodium or Asperfame (Methyl ester) or Acesulfame potassium or Sucralose] may be sold individually as Table Top Sweetener and may contain the following carrier or filler articles with label declaration as provided in sub-clauses (1) and (2) of sub-rule (ZZZ) of rule 42, namely:--

1. Dextrose 8. Calcium silicate 15. Magnesium stearate IP

2. Lactose 9. Carboxymethyl Cellulose 16. Purified Talc

3. Maltodextrin 10. Cream of Tartar, IP 17. Poly vinyl pyrrolidone

4. Mannitol 11. Cross Carmellose sodium 18. Providone

5. Sucrose 12. Colloidal silicone dioxide 19. Sodium hydrogen carbonate

6. Isomalt 13. Glycine 20. Starch

7. Citricacid 14. L-leucine 21. Tartaric acid

⁵[Provided also that where sucralose is marketed as Table Top Sweetener, the concentration of sucralose shall not exceed six mg per hundred mg of tablet or granule.]

(2) No mixture of artificial sweeteners shall be added to any article of food or in the manufacture of table top sweeteners.

⁶[Provided that in case of carbonated water, softdrink concentrate and synthetic syrup for dispenser, wherein use of asperfame and acesulfame potassium have been allowed in the alternative as per Table under sub-rule (1), these artificial sweetners may be used in combination with one or more alternative if the quantity of each artificial sweetener so used does not exceed the maximum limit specified for that artificial sweetener in column (4) of the said Table as may be worked out on the basis of proportion in which such artificial sweetners are combined. The products containing mixture of artificial sweetners shall bear the label as provided under sub-rule (12) of sub-rule (ZZZ) of rule 42.]

Illustration.--In column (3) of the said Table, in carbonated water, Aspertame (Methyl Ester) or Acesulfame Potassium may be added in the proportion of 700 ppm or 300 ppm respectively. If both artificial sweetners arc used in combination and the proportion of Aspertame (Methyl Ester) is 350 ppm, the proportion of Ascsulfame Potassium shall not exceed the proportion of 150 ppm.

(3) No person shall sell table top sweetener except under label declaration as provided in clauses (1) and (2) of sub-rule (2ZZ) of rule 42:

Provided that aspertame may be marketed as a table top sweetener in fabler or granular form in moisture-proof packages and the concentration of aspertame shall not exceed 18 mg per 100 mg of tablet or granule.

48. Use of flesh of naturally dead animals or fowls prohibited.--

No person shall sell or use as an ingredient in the preparation of any article of food intended for sale, the flesh of any animal or fowl which has died on account of natural causes.

48A. Sale of permitted food colours.--

(1) No person shall manufacture, sell, stock, distribute or exhibit for sale synthetic food colours or their mixtures or any preparation of such colour for use in or upon food except under a licence.

(2) No person shall sell a permitted synthetic food colours for use in or upon food unless its container carries a label slating the following particulars :

(a) the words "Food Colours".

(b) the chemical and the common of commercial name and colour index or the dye-stuff.

(3) No person shall sell a mixture of permitted synthetic food colours for use in or upon food unless its container carries a label stating the following particulars :

(a) the words "Food Colour Mixture";

(b) the chemical and the common or commercial name and colour index of thedye-stuff contained in the mixture.

(4) No person shall sell a preparation of permitted synthetic food colours for use in or upon food unless its container carries a label stating the following particulars:--

(a) the words "Food Colour Preparation";

(b) the name of the various ingredients used in the preparation.

(5) The licence referred to in sub-rule (1) shall be issued by the licensing authority appointed under sub-rule (2) of Rule 50 and shall be subject to such conditions as the State Government may specify in this behalf.

(6) ¹⁰[***]

48B. Sale of insect-damaged dry fruits and nuts.—                                                                            

            ¹³ [***]

48C. Sale of Food Additives.--

¹¹ [***]

48D. Storage and sale of irradiated food.--

Save as otherwise provided in these rules, no person shall irradiate for sale, store for sale, or transport for sale irradiated food.

²[48E- Sale of Fresh Fruits and Vegetables –

The Fresh Fruits and Vegetables shall be free from rotting and free from coating of waxes, mineral oil and colours.]

¹⁶[Provided that fresh fruits may be coated with bees wax (white and yellow) or carnauba wax in accordance with the good manufacturing practices for use of food additives (GMP) under proper label declaration as provided in sub-rule (ZZZ)¹⁷[(25)] of rule 42.]

⁹[48-F Restriction on Sale of Genetically Modified Food.—

 No person shall except with approval of and subject to the conditions that may be imposed by the Genetic Engineering Approval Committee (GEAC) constituted under the Environment Protection Act, 1986, manufacture, import, transport, store, distribute or sell raw or processed food or any ingredient of food, food additives or any food product that may contain GM material in the country:

Provided that in case of imported genetically modified foods, the importer shall submit documents supporting the purported clearance at the time of import.]

­­­­­­­­­­­­­­­­­ 1.     Omitted by GSR716(E) dated 13.09.2000.  Prior to omission it was as under:-

“44H. Restriction on sale of common salt.--

No person shall, sell or offer or expose for sate or have in his premises for the purpose of sale, common salt for direct human consumption unless the same is iodised:

Provided that common salt may be sold or exposed for sale or stored for sale for iodisation, iron fortification, animal use, preservation, manufacturing medicines, and industrial use under proper label declarations as specified under clause (11) of sub-rule (zzz) of rule 42.”

2.     Inserted by GSR656(E) dated 13.08.2003.

3.     Substituted by Notification No. GSR 388(E) dated 25.06.2004 for the following :-

“Provided that artificial sweetener may be used in following food articles in quantities not exceeding the limits shown against them and shall bear the label declaration as provided in clauses (1) and (2) of sub-rule (ZZZ) of rule 42.

TABLE

4.     Substituted by Notification No. GSR 388(E) dated 25.06.2004 for the words “Provided that Sccharin Sodium or aspertame (methyel ester) or Acesulflame Potassium”

5.     Inserted by Notification No. GSR 388(E) dated 25.06.2004.

6.     Substituted by Notification No. GSR 388(E) dated 25.06.2004 for the following :-

“Provided that wherein in Column 2 of the Table given under sub-rule (I), the use of Aspertame (Methyl Ester) and Acesulfame-K artificial sweeteners have been allowed in the alternative, these artificial sweetners may be used in combination wilh one or more alternatives if the quantity of each artificial sweetners so used does not exceed the maximum limits as specified for that artificial sweetner in column (4) of the said Table as may be worked out on the basis of the proportion in which such artificial sweetners are combined. Food products containing mixture of artificial sweetner shall bear the label as provided under clause (12) of sub-rule ZZZ of Rule 42.”

7.     Inserted by Notification No. GSR 670(E) dated 17.11.05.

8.     Substituted by Notification No GSR731(E) dated 21.12.2005 for the following words “not more than 5 kgs.”.

9.     Inserted by Notification No. GSR152(E) dated 10.03.2006.

10.  Sub- rule 6 omitted by Notification No. GSR400(E) dated 23.06.2006. Prior to deletion it was read as:

“(6) All food colours, including natural colouring matter and permitted synthetic food colours, their preparation or mixtures, except saffron and curcumin, shall be sold only under Indian Standards Institution Certification mark.”

11.  Rule 48 C deleted by Notification No. GSR400(E) dated 23.06.2006. Prior to deletion it was read as:

“The following food additives permitted for use in certain foods shall be sold only under the Indian Standards Institution Certification marks, namely:-

1. Sulphuric acid (Food Grades)

2. Sodium propionate (Food Grade)

3. Calcium propionate(FoodGrade)

4. Sorbic acid (Food Grade)

5. Potassium metabisulphite (Food Grade)

6. Sodium metabisulphite(Food Grade)

7. Sorbitol (Food Grade)

8. Benzoic acid (FoodGrade)

9. Sodium benzoate (Food Grade)

10. Fumaric acid (Food grade) and Quick dissolving Pumaric acid (Food grade).

11. Sodium carboxymethyl cellulose (Food Grade)

12. Sodium alginate(FoodGrade)

13. Agar Agar (Food Grade)

14. Alginic acid (Food Grade)

15. Calcium alginate (Food Grade)

16. Gelatin (Food Grade)

17. Ascorbic acid (Food Grade)

18. Butylated Hydroxy Toluene (B HT) (Food Grade)

19. Butylated Hydroxy Anisole (B H A) (Food Grade)

20. Caramel (Food Grade)

21. Annatto colour (Food Grade).”

    12.  Inserted by the Prevention of Food Adulteration (7th Amendment) Rules, 2006, dated 21.08.2006.

    13.   Omitted by the Prevention of Food Adulteration (7th Amendment) Rules, 2006, dated 21.08.2006. Before omission the provision read as under

 “48B. Sale of insect-damaged dry fruits and nuts.--

The dry fruits and nuts like raisins, currants, fig, cashewnut, apricot, almonds may contain not more than 5 per cent, of insect-damaged fruits and nuts, by counts.”

14.  Inserted by the Prevention of Food Adulteration (9th Amendment) Rules, 2006, dated 31.10.2006.

15.    Inserted by the Prevention of Food Adulteration (10th Amendment) Rules, 2006, dated 29.12.2006.

16.    Inserted by the Prevention of Food Adulteration (10th Amendment) Rules, 2006, dated 30.03.2007.

17.     Substituted for the brackets and figure "(24)" by Notification No. G.S.R. 242 (E), dated 28.03.2007.

PART IX CONDITIONS FOR SALE AND LICENCE

49. Conditions for sale.--

(1) Every utensil or container used for manufacturing, preparing or containing any food or ingredient of food intended for sale shall be kept at all times in good order and repair and in a clean and sanitary condition. No such utensil or container shall be used for any other purpose.

(2) No person shall use for manufacturing, preparing or storing any food or ingredient of food intended for sale, any utensil or container which is imperfectly enamelled or imperfectly tinned or which is made of such materials or is in such a state as to be likely to injure such food or render in noxious.

(3) Every utensil or container containing any food or ingredient of food intended for sale shall at all times be either provided with a tight-fitting cover or kept closed or covered by a properly fitting lid or by a close fitting cover or gauze net or other material of a texture sufficiently fine to protect the food completely from dust, dirt and flies and other insects.

(4) No utensil or container used for the manufacture or preparation of or containing any food or ingredient of food intended for sale shall be kept in any place in which such utensil or container is likely by reason of impure air or dust or any offensive, noxious or deleterious gas or substance or any noxious or injurious emanations, exhalation, or effluvium, to be contaminated and thereby render the food noxious.

¹[(5) A utensil or container made of the following materials or metals, when used in the preparation, packaging and storing of food] shall be deemed to render it unfit for human consumption:

(i) containers which are rusty;

(ii) enamelled containers which have become chipped and rusty;

(iii) copper or brass containers which are not properly tinned ;***

(iv) containers made of aluminium not conforming in chemical composition to IS : 20 *** specification for Cast Aluminium and Aluminium Alloy forutensils or IS : 21 *** specification for Wrought Aluminium and Aluminium Alloy for utensils;  and

(v) Containers made of plastic materials not conforming to the following Indian Standards Specification, used as appliances or receptacles for packing or storing, whether partly or wholly, food articles, namely:--

(a) IS : 10146 ***] (Specification for Polyethylene in contact with foodstuffs);

(b) IS : 10142 ***] (Specification for Styrene Polymers in contact with foodstuffs);

(c) IS: 10151 ***] (Specification for Polyvinyl Chloride (PVC), in contact with foodstuffs);

(d) IS: 10910 ***] (Specification for Polypropylene in contact with foodstuffs) ;]

(e) IS: 11434 ***] (Specification for lonomer Resins in contact with foodstuffs);]

(f) IS 11704 ***] [Specification for Ethylene Acrylic Acid (EAA) copolymer].

(g) IS 12252 ***] [Specification for Poly alkylene tetrephathalates (PET)].

(h) IS 12247 ***] [Specification for Nylon 6 Polymer].

(i) IS 13601-EthyleneVinly Acetate (EVA)

(j) IS 13576-Ethylene Metha Acrylic Acid (EMMAA).

²[(vi) Tin and plastic containers once used shall not be re-used for packaging of edible oils and fats:]

Provided that utensils or containers made of copper though not properly tinned may be used for the preparation of sugar confectionery or essential oils and mere use of such utensils or containers shall not be deemed to render sugar, confectionery or essential oils unfit for human consumption.

(6) No person shall sell compounded asafoetida exceeding one kilogram in weight except in a sealed container with a label.

(7) No person shall sell Hingra without a label on its container upon which is printed a declaration in the form specified in Rule 42.

(8) ¹²[***]

(9) No person shall sell salseed fat for any other purpose except for BAKERY AND CONFECTIONERY and it shall be refined and shall bear the label declaration as laid down in Rule 42 (T).

(10) ³[Table iodized salt or table iron fortified common salt] containing anticaking agent shall be sold only in a package which shall bear the label as specified in sub-rule (V) of rule 42.

(10A) Iron fortified common salt shall be sold only in high density polyethylene bag (HOPE) (14 mesh, density 100 kg/m3, uniaminated) package which shall bear the table as specified in sub-rule (VV) of Rule 42.

(11) ¹³[***]

(12) The katha prepared by Bhatti method shall be conspicuously marked as "Bhatti Katha".

(13) All edible oils, except coconut oil, imported in crude, raw or unrefined form shall be subjected to the process of refining before sale for human consumption. Such oils shall bear a label declaration as laid down in Rule 42 (W).

(14) Dried Glucose Syrup containing sulphur-dioxide exceeding 40 ppm, shall be sold only in a package which shall bear me label as specified in sub-rule (X) of Rule 42.

(15) No person shall store, expose for sale or permit the sale, of any insecticide in the same premises where articles of food are stored, manufactured or exposed for sale:

Provided that nothing in this sub-rule shall apply to the approved household insecticides which have been registered as such under the insecticides Act, 1968 (46 of 1968).

Explanation.--For the purpose of this sub-rule, the word 'insecticide' has the same meaning as assigned to it in the Insecticides Act, 1968 (46 of 1968).

(16) ¹¹[***]

(17) ¹⁴[***]

(18) No person shall sell confectionery weighing more than 500 gms. except in packed condition and confectionery sold in pieces shall be kept in glass or other suitable containers.

Explanation.--For the purposes of Sub-rules (17) and (18) "Confectionery" shall mean sugar boiled confectionery, lozenges and chewing gum and bubble gum.

(19) No person shall manufacture, sell, store or exhibit for sale an infant milk food, infant formula and milk cereal based weaning food and processed eareal based weaning food except under Bureau of Indian Standards Certification Mark

(20) No person shall sell protein rich atta and protein rich maida except in packed condition mentioning the names of ingredients on the lable.

(21) The Blended Edible Vegetable Oils shall not be sold in loose form. ¹⁰[It shall be sold in sealed package weighing not more than 15 litres, The container having blended edible vegetable oil shall be tamper proof.] It shall also not be sold under the common or generic name of the oil used in the blend but shall be sold as 'Blended Edible Vegetable Oil'. The sealed package shall be sold or offered for sale only under AGMARK certification mark bearing the label declarations as provided under Rule 42 and Rule 44 besides other labelling requirements under these rules.

(22) Coloured and flavoured table margarine shall only be sold in a serial package weighing not more than 500 gms. with a label declaring addition of colour and flavour as required under these rules.

(23) The fat spread shall not be sold in loose form. It shall be sold in sealed packages weighing not more than 500 gms. The word 'butter' shall not be associated while labelling the product. The sealed package shall be sold or offered for sale only under AGMARK certification mark bearing the label declaration as provided under Rule 42 besides other labelling requirements under these rules.

(24) No person shall sell powdered spices and condimenls except under packed conditions.

Explanation. -- For the purpose of this sub-rule 'spices and condiments' means the spices and condiments specified in Appendix 'B' of Prevention of Food Adulteration Rules, 1955.

(25) No person shall seller serve food in any 'commercial establishment' in plastic articles used in catering and cutlery, unless the plastic material used in catering and cutlery articles, conform to the food grade plastic, specified in Rule 49(5)(v).

Explanation.--For the purpose of this sub-rule "commercial establishment" means any establishment, called by whatever name, being ran/managed by any person or by any authority of the Government/Semi-Government or by any corporate/registered body which deals in the business of selling or serving food.

(26) Conditions for sale of irradiated food.--All irradiated food shall be sold in prepacked conditions only. The type of packaging material used for irradiated food for sale or for stock for sale or for exhibition for sale or for storage for safe shall conform to the requirement of packaging material as per Rule 49.

(27) Every package of cheese (hard), surface treated with Natamycin, shall bear the babel as specified under clause (8) of sub-rule (ZZZ) of rule 42.

⁵[(28) No person shall manufacture, sell or exhibit for sale packaged drinking water except under the Bureau of Indian Standards Certification Mark.]

⁴[(29) No person shall manufacture, sell or exhibit for sale mineral water except under the Bureau of Indian Standards Certification Mark;

Explanation,--For the purpose of this rule, the expression "mineral water" shall have the same meaning as assigned to it in Item A. 32 of Appendix 'B' to these Rules.]

⁶[(30) Tin Plate used for the manufacture of tin containers for packaging edible oils and fats shall conform to the standards of prime grade quality contained in B.I.S. Standards No. 1993 or 13955 or 9025 or 13954 as amended from time to time or in respect of Tin containers for packaging edible oils and fats shall conform to IS No. 10325 or 10339 as amended from time to time.]

¹⁵[(31) No person shall sell any food product wherein artificial sweetener is permitted under these rules, except under packed condition and as per the labelling requirements prescribed under rule 42.]

50. Conditions for licence.--

(1) No person shall manufacture, sell, stock, distribute or exhibit for sale any article of food, including prepared food or ready to serve food or irradiated food except under a licence :

Provided that the fruit products covered under the Fruit Products Order, 1955, solvent extracted oil, deoiled meal and edible flour coveredunder the Solvent Extracted Oil, De-oiled Meal and Edible Flour (Control) Order, 1967, ⁷[Vanaspati covered under Vegetable Oil Products ( Regulation) Order,1998], and meat and poultry products covered under the Meat Food Products Order, 1973, shall be exempted from the above rule:

Provided further that a producer of milk, who sells milk only to a milk cooperative society which is a member of milk co-operative Union engaged in reconstitution of milk or manufacture of milk products, shall be exempted from this sub-rule:

Provided also that no person shall manufacture, sell, stock, distribute or exhibit for sale any article of food which has been subjected to the treatment of irradiation, except under a licence from Deptt. of Atomic Energy (Control of Irradiation of Food) Rules, 1991, under the Atomic Energy Act, 1962 (Act 33 of 1962).

(1A) One licence may be issued by the licensing authority for one or more articles of food and also for different establishments or premises in the same local area.

(1B) The name and address of the Director or Manager, as the case may be, nominated by the company, under Rule 12-B shall be mentioned in the licence.

(2) The State Government or the local authority shall appoint licensing authorities.

(3) A licensing authority may with the approval of the State Government or the local authority by an order in writing delegate the power to sign licenses and such other powers as may be specified in the order to any other person under his control.

(4) If the articles of food are manufactured, stored or exhibited for sale at different premises situated in more than one local area, separate applications shall be made and a separate licence shall be issued in respect of such premises not falling within the same local area :

Provided that the itinerant vendors who have no specified place of business, shall be licensed to conduct business in a particular area within the jurisdiclion of the licensing authority.

(5) Before granting a licence for manufacture, stock or exhibition of any of the articles of food in respect of which a licence is required, the licensing authority shall inspect the premises and satisfy itself that it is free from sanitary defects. The applicant for the licence shall have to make such alteration in the premises as may be required by the licensing authority for the grant of a licence:

Provided that the licensing authority may for reasons to be recorded in writing, refuse to grant a licence, if it is satisfied that it is necessary to do so in the interest of public health.

(6) Omitted

(7) Proprietors of hotels, restaurants and other food stalls (including mobile and itinerant food stalls] who sell or expose for sale savouries, sweets or other articles of food shall put up a notice board containing separate lists of the articles which have been cooked in ghee, edible oil, vanaspati and other fats for the information of the intending purchasers.

(8) Omitted

(9) No licensee shall employ in his work any person who is suffering from infectious, contagious or loathsome disease.

(10) No person shall manufacture, store or expose for sale or permit the sale of any article of food in any premises not effectively separated to the satisfaction of the licensing authority from any privy, urinal, sullage, drain or place of storage of foul and waste matter.

(11) All vessels used forthe storage or manufacture of the articles intended for sale shall have proper cover to avoid contamination.

(12) Every manufacturer including ghani operator or wholesale dealer in butter, ghee, vanaspati, edible oils, and other fats shall maintain a register showing the quantity manufactured, received or sold and the destination of each consignment of the substances sent out from his manufactory or place of business, and shall present such register for inspection whenever required to do so by the licensing authority.

(13) An itinerant vendor granted a licence under these rules shall carry a metallic badge on his arm showing clearly the licence number, the nature of articles for the sate of which the licence has been granted, his name and address and the name, address of the owner, if any, for whom he is working. His containers of food and the vehicle shall also be similarly marked. In addition to the metallic badge the vendor shall, if so required by the State Government or the local authority, carry an identity card with his photograph and the number of the licence. The identity cared shall be renewed every year:

Provided that the whole-time employees of the companies shall not be treated as itinerant vendors for the purpose of carrying a metallic badge on their arms or obtaining separate licences if an identity card containing particulars of the valid municipal licence is carried by them.

(14) The nature of articles of food for the sale of which a licence is required under these rules shall be mentioned in the application for licence. Any objectionable, ambiguous or misleading trade name shall not be approved by the licensing authority.

(15) Every licensee who sells any food, shall display a notice board containing the nature of the articles which he is exposing or offering for sale.

⁹[(16)           (a) the manufacturing or packing or processing of food in any establishment, and;

(b) serving food in hotel or restaurants,--

where twenty or more person are working on any day of preceding twelve months, shall be supervised by a person having any one of the following qualifications:

(i) a degree in Science with Chemistry or Home Science or Microbiology or Food Technology, or;

(ii) diploma in Food Technology from a recognized University/Board, or;

(iii) diploma in Hotel Management and Catering Technology Course of three years, or;

(iv) Food Craft Course of one year run by National Council for Hotel Management and Catering Technology, or;

(v) Certificate Course on food safety conducted by University/Institutions based on the course curriculum developed by Department of Health:

Provided that the name of such person with his consent, signature and complete address as required under the provisions of the Prevention of Food Adulteration Act, 1954, shall be notified to the Food (Health) Authority.] 

⁸[51 Duration of Licences: -

A licence shall, unless sooner suspended or cancelled, be in force for a period of five years or for such period as the State Government may prescribe:

Provided that the licensee shall make an application for renewal of licence at least three months before the expiry of the period of validity of the licence and the licensing authority shall pass orders on the application before the expiry period of validity of the licence in force.]

51A. Procedure for issue of licence in certain local areas.--

A licensing authority empowered to issue licences in Local areas falling within the jurisdiction of a sea-port, airport, a railway station or agroup of railway stations (including any railway colony, office, yard, goods-shed, transhipment shed, workshop and other works owned and maintained by the Railway Administration, for the purpose or in connection with the railways), shall exercise his functions in the manner prescribed by the State Government concerned in which seaport, airport or railway station is situated and adopt such forms as are prescribed by that Government for the purpose of licensing.

___________________________

1.       Subs. by G.S.R. 694 (E), dated 11 th October, 1999 (w.e.f. 10-4-2000).

2.                 Subs. by G.S.R. 694 (E), dated 11th October, 1999 (w.e.f. 11-4-2000)

3.                 Substituted by Notification No. GSR 670(E) dated 17.11.05  words “Edible common salt or iodised salt or iron fortified common salt]”

4.                 Inserted by GSR759(E) dated 29.09.2000.

5.                 Inserted by GSR760(E) dated 29.09.2000

6.                 Inserted by GSR876(E) dated 20.11.2000

7.                 Substituted by GSR7(E) dated 04.01.2001 for the words “Vanaspati covered under the Vegetable Oil Products Control Order, 1947”.

8.                 Substituted by GSR832(E) dated 21.10.2003 for the following :-

“51. Duration of licences.--

A licence shall, unless sooner suspended or cancelled, will be in force for such period as the State Government may prescribe:

Provided that if application for a fresh licence is made before the expiry of the period of validity of the licence, the licence shall continue to be in force until orders are passed on the application.”

9.                 Inserted by 646(E) dated 21.10.2005 w.e.f. 22.10.2005.

10.             Substituted by Notification no. GSR731(E) dated 21.12.2005 “It shall be sold in sealed packages weighing not more than 5 kg”.

11.             Omitted by GSR278(E) dated 09.05.2006 for the following:

(16) Condensed milk sweetened, condensed skimmed milk sweetened, milk powder, skimmed milk powder partly skimmed milk powder and partly skimmed sweetened condensed milk]] shall not be sold except under Indian Standard Institution Certification Mark.

12.             Omitted by GSR400(E) dated 23.06.2006 for the following:

“(8) No person shall sell Titanium dioxide (food grade) except under Indian Standards Institution Certification Mark.”

13.             Omitted by GSR400(E) dated 23.06.2006 for the following:

“(11) No person shall sell lactic acid for use in food except under Indian Standards Institution Marks.”

14.             Omitted by GSR400(E) dated 23.06.2006 for the following:

“(17) No person shall sell mineral oil (food grade) for use in confectionery except under Indian Standards Institution Certification Mark.”

15.      Inserted by the Prevention of Food Adulteration (9th Amendment) Rules, 2006, dated 31.10.2006.

                             PART X PRESERVATIVES

52. Definition of preservative.--

"Preservative" means a substance which when added to food, is capable of inhibiting, retarding or arresting the process of fermentation, acidification or other decomposition of food.

53. Classification of preservatives.--

Preservatives shall be divided into following classes :

(i) Class I preservatives shall be :--

(a) Common Salt.

(b) Sugar.

(c) Dextrose.

(d) Glucose. Syrup;

(e) Omitted

(f) Spices,

(g) Vinegar or acetic acid,

(h) Honey,

(i) Omitted

(j) Omitted

(k) Omitted

(1) edible vegetable oils.

Addition of Class I preservatives in any food is not restricted, unless otherwise provided in the rules:

Provided that the article of food to which a Class 1 preservative has been added conforms to the specifications laid down in Appendix 'B'.

(ii) Class II preservatives shall be :--

(a) Benzoic acid including salts thereof,

(b) Sulphurous acid including salts thereof.

(c) Nitrates or Nitrites of Sodium or Potassium in respect of food like ham, pickled meat,

(d) Sorbic acid including its sodium, potassium and calcium salts, propionates of calcium or sodium, lactic acid, and acid calcium phosphate.

(e) Nicin ***

(f) Sodium and calcium propionate.

(g) Methyl or propyl Parahydroxy-Benzoate.

(h) Propionic acid, including esters or salt thereof.

(i) sodium diacetate, and

(j) sodium, potassium and calcium salts of lactic acid.

54. Use of more than one Class II preservative prohibited.--

No person shall use in or upon a food more man one Class II preservative :

Provided that where in column (2) of the table given below Rule 55 the use of more than one preservative has been allowed in the alternative, those preservatives may notwithstanding anything contained in Rule 55, be used in combination with one or more alternatives, provided the quantity of each preservative so used does not exceed such number of parts out of those specified for that preservative in column (3) of the aforesaid table as may be worked out on the basis of the proportion in which such preservatives are combined.

Illustration.--In the group of foods specified in Item 6 of the table given below Rule 55, sulphur dioxide or Benzoic acid can be added in the proportion of 40 parts per million or 200 parts per million respectively. If both preservatives are used in combination and the proportion of sulphur dioxide is 20 parts per million the proportion of Benzoic acid shall not exceed the proportion of 100 parts per million.

55. Use of Class II preservatives restricted.--

The use of Class II preservatives shall be restricted to the following group of foods in concentration not exceeding the proportions given below against each :

55A. Use of Class II preservatives in mixed foods.--

In a mixture of two or more foods or groups of foods mentioned against each item in the Table under Rule 55, the use of class II preservative or preservatives shall be restricted to the limit upto which the use of such preservative or preservatives is prermitted for the foods or groups of foods contained in such mixture.

Illustration.--In the food specified in Item 23 of the table given below Rule 55, sulphur dioxide can be added to dehydrated vegetables in the proportion of 2,000 parts per million. If this food is mixed with the food specified in Hem 24 given in the said table, that is to say tomato puree and paste, where benzoic acid is permitted to an extent of 250 p.p.m. then in the mixture containing equal parts of these two foods, the proportion of Sulphur dioxide and Benzoic acid, shall be 1,000 p.p.m. and 125 p.p.m. respectively.

55B. Restriction on use of nitrate and nitrite.--

No nitrate or nitrite shall be added to any infant food.

55C. Use of Natamycin for surface treatment of cheese (hard).--

Natamycin may be used for surface treatment of cheese (hard) under label declaration as specified in clause (8) of sub-rule(ZZZ) of rule 42 subject to the following conditions, namely:--

(i) Maximum level of application of Natamycin shall not exceed 2 mg/dm 3.

(ii) The penetration depth of Natamycin in cheese (hard) shall not exceed 2mm.

(iii) The maximum residue level of Natamycin in the finished cheese (hard) shall not exceed 1 mg/dm 3.

⁶[***]