Through a notification dated 29 December 2020, the FSSAI has asked the Commissioners of Food Safety of all States and UTs to carry out enforcement drives to check on the sale of adulterated spices.
FSSAI has stated that there have been instances reported recently in media regarding the sale of adulterated spices in the domestic market. As per one such report, the spices like dhaniya powder are being adulterated with bajra and dhaniya stem, whereas turmeric powder is being adulterated with broken rice which is mixed with yellow colour.
The standards for different types of whole and ground spices have been prescribed under regulation number 2.9 of the Food Safety and Standards (food Product Standards and Food Additives) Regulations, 2011 and any deviation in the prescribed parameters are in violation of the laid down provisions of the FSS Act, 2006, Rules and Regulations made thereunder.
Further it may also be noted that in terms of Regulations 2.3.14 (15) of Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations 2011, “no person shall sell powdered spices and condiments except “under packed conditions.”
In view of the above the FSSAI has requested the Commissioners of Food Safety to conduct an effective enforcement drive so as to check the adulteration of commonly used spices like haldi, dhaniya, lal mirch powder, etc. in the wholesale markets and the mandis falling under their jurisdiction.
FSSAI has also stated that necessary action, as deemed fit may be initiated against the defaulting Food Business Operators as per the provisions of the laid down laws under the FSS Act, 2006, Rules and Regulations, 2011 made under. The Commissioners of Food Safety have also been requested to share the action taken report with the FSSAI
According to the FSS Act, 2006 CHAPTER IX OFFENCES AND PENALTIES the following is applicable
- Punishment for unsafe food.
Any person who, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is unsafe, shall be punishable–
(i) where such failure or contravention does not result in injury, with imprisonment for a term which may extend to six months and also with fine which may extend to one lakh rupees;
(ii) where such failure or contravention results in a non-grievous injury, with imprisonment for a term which may extend to one year and also with fine which may extend to three lakh rupees;
(iii) where such failure or contravention results in a grievous injury, with imprisonment for a term which may extend to six years and also with fine which may extend to five lakh rupees;
(iv) where such failure or contravention results in death, with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and also with fine which shall not be less than ten lakh Rupees.
Source : FSSAI