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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 Eye, 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.
37 A.
A Manufacture of proprietary
foods and infant foods.
An article of infant mils substitutes infant
food 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 rules shall be mentioned on the label.
Explanation.-
For the purposes of this rule :
(a) [***]
(aa) [***]
(b)
"Proprietary food, means a food which has not been standardized under the
prevention of Food Adulteration Rules, 1955".
43 A.
Restriction on Advertisement :- There shall
be no advertisement 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 by means of any light sound, smoke or gas.
44.
PART -VIII PROHIBITION AND REGULATION OF SALES
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 not 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 form boiled, pasteurized or sterilized milk |
| (k) |
[* * *] |
(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 exempt any preparations made of soluble extracts of coffee
from the operation of this rule ;
Provided further 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 Baudoum test without dilution that is to say by shaking vigorously
for 2 minutes, 5 ml of hydrochloric acid 9specific 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 is tested for
Halphen's test without dilution that is to say by shaking 5 ml. Of the sample
with 5 ml. Of sulphur solution [one percent (w/v) solution of sulphur in carbon
disulphide mixed with equal volume of amyl alcohol in a closed system (test tube
250 x 25 cm) heating in hot water (700C -800C) for a few minutes with occasional
shaking until carbon-di-sulphide is boiled off and sample stops foaming and then
placing the tube on saturated brine bath capable of being regulated at 1000C -
1150C 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 percent by weight and |
| b) |
the admixture of edible vegetable oils, is processed or packed and sold 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
authorized by the Department or by the National Dairy Development Board or by
the State Co-operative Oilseeds Growers Federation or Regional and District Co-operative
Oilseeds Growers Union set-up under National Dairy Development Boards Oilseeds
and Vegetable Oil Project or by the Public Sector undertakings of Central and
State Governments in sealed packages weighing not more than 5 Kgs. Under Agmark
Certification Mark compulsorily and bearing the label declaration as laid down
in the Clause (zz) of Rule 42 ; and | | c) | the
quality of each oil used in the admixture conforms to the relevant standard prescribed
by these rules.
Provided also that proprietary food articles, as defined in
clause (b0 of the Explanation of Rule 37A, relating to clause (1) shall be exempted
from the operation of this rule. |
44
A.
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 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 (Lathyrys 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 (Lathyrus sativus) and Bengal-gram dal (Cicer arietinum)
or any other dal. |
44 AA.
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 sale under any description, fruits which have been artificially ripened
by use of acetylene gas, commonly known as carbide gas.
44
AAA. 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'.
44
F.
Restriction on sale of irradiated Food.-
Irradiated
food shall be offered for sale only in prepackaged conditions.
44 G.
Condition 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.
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