OFFICE OF THE COMMISSIONER OF CUSTOMS: NEW CUSTOM HOUSE: PANAMBUR MANGALORE-10. 

PUBLIC NOTICE NO:2                                                     DATED: 16.1.2001. 

           Subject: Forwarding of Notification received form Ministry of Health and Family Welfare, New Delhi-reg. 

                The Copies of the following circulars received from Ministry of Health and Family Welfare, New Delhi are enclosed herewith for information, guidance and necessary action. 

            1.Notification G.S.R. 463(E), dated 17.5.2000 regarding rules to amend the Prevention of

                     Food Adulteration.  

            2.Notification G.S.R.537 (E) dated 13.6.2000. 

3.Labelling Rules-Explanation/Implication of Rule 32(Subject to interpretation  by Courts) 

                                                                 DEPUTY COMMISSIONER OF CUSTOMS

                                                                                APPRISG. MANGALORE. 

(Issued from F.NO.C-12/7/2000 Cus Bonds.)

To

As per Customs Mailing List. 

                        The PFA Rules 1955 has been amended vide G.S.R463 (E) dated 17.5.2000 as under: - 

I.                      Whereas the draft of certain rules further to amended the Prevention of food Adulteration Rules, 1955 were published as required by sub-section (1) of section 23 of Prevention of Food Adulteration Act, 1954 (37 of 1954) in the Gazette of India Extraordinary, part II, section 3,sub section ( I ), dated 5^th January 2000,under the notification of the Government of India ministry Health and Family Welfare(Department of Health) GSR No.14 (E) dated 5^th January,2000,inviting objections and suggestions from all persons likely to be affected thereby till the expiry of period of sixty days from the date on which copies of the Gazette of India in which the said draft rules were published were made available to the public. 

                        And whereas the copies of the said Gazette of India were made available to the public on the 6^th January 2000; 

                        And whereas the objections and suggestions received from the public on the said draft rules have been considered by the Central Government: 

                        Now, therefore, in exercise of the power conferred by sub-section (1) of section 23 of the said Act, the Central Government, after consultation with Central Committee for Food Standards, hereby makes the following rules further to amend the prevention of food Adulteration rules, 1955: - 

1.                      (1) These rules may be called the prevention of Food Adulteration. 

(First Amendment Rules), 2000) 

                        (2) They shall come into force after six month from the date of publication of this notification in the Official Gazette. 

2.                     In the Prevention of Food Adulteration Rules, 1955,in rules 32,

(i)                  in clause (b),after the second proviso, the following proviso shall be inserted, namely:-

Provided further that the 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, 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 Non-Vegetarian Food. The symbol shall consist of a circle with a single chord passing through its center 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 center and shall form an integral part of the name or brand name of any article of non-vegetarian food to be indicated wherever 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. “ 

(ii)                after Explanation VIII, the following explanation  shall be inserted, namely:-

          “Explanation –IX –“Non-Vegetarian Food” means an article of food which contains whole or part of any animal including bird, fresh water or marine animals or eggs as an ingredient”. 

II. The PFA Rules, 1955 have been further amended vide GSR 537(E) dated 13.6.2000 as hereunder:-

 Whereas the draft of certain rules further to amend the Prevention of Food Adulteration Rules, 1955 were published as required by sub-section 23 of Prevention of Food Adulteration Act,1954 (37 of 1954) in the notification of Government of India in the Ministry of Health and Family Welfare (Department of Health)  number GSR 770 (E) dated 15^th November ,1999 in the Gazette of India, Extra ordinary ,part II section 3,Sub-Secion (1),dated 15^th November ,1999 inviting objections and suggestions from all persons likely to be affectedthereby before the expiry of period of thirty days from the date on which copies of the Gazette of India in which the said draft rules was published were made available to the public; 

            And whereas the copies of the said Gazette of India were made available to the public on 16^th November, 1999; 

            And whereas the objections and suggestions received from the public on the said draft rules have been considered by the Central Government 

            Now, therefore, in exercise of the powers conferred by sub-section (1) of section 23 of the said Act, the Central Government, after consultation with the Central Committee for Food Standards, hereby makes the following rules further to amend the Prevention of Food Adulteration Rules, 1955,namely: 

                                           RULES 

1.                            (1) These rules may be called the Prevention of Food Adulteration (3^rd Amendment) Rules, 2000.

                 (2) They shall come into force on 1^st September 2000.

2.                            In the Prevention of Food Adulteration Rules, 1955 (hereinafter referred as to the said rules), for rules 24, the following rules shall be substituted, namely:-        

            “ 24 Extraneous addition of coloring 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 letter, just beneath the list of ingredients on the label attached to any package of food so coloured, namely: -

(i)                  CONTAINS PERMITTED NATURAL COLOUR (S)

(ii)                CONTAINS PERMITTED SYNTHETIC FOOD COLOUR (S)

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

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

(For the period upto and inclusive of 1^st 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 be mentioned in the list of ingredients”.

3.Inrule 32 of the said rules:- 

(a)                after second proviso to clause (b),the following provisos shall

            be inserted namely:-,

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

                        Provided also that in case both colour and flavour are used 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 FLAVOURS (S)

                                                                              OR

 (iii) CONTAINS PERMITTED NATURAL AND SYNTHETIC FOOD COLOURS (S) AND ADDED FLAVOUR (S)

                                                                        OR

(iv) CANTAINS PERMITTED NATURAL*/AND*SYNTHEITIC* CLOURS AND ADDED FLAVOURS’ (For the periods upto and inclusive of 1^st September 2001) 

(Strike out whichever is not applicable) 

(b)        In clause (f), for the fifth proviso, the following provisos, shall be substituted, namely:-

           Provided also that in case of any package containing bread or liquid milk, sterilized or Ultra High temperature treated milk, Soya milk, flovoured milk, any package cantaining 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 yea in which the commodity is manufactured or prepared or prepacked shall be mentioned, on the label:

        Provided also that in case of package containing confectionery weighing 20g or less, the particulars under this clause need not be specified” 

© after clause (h),and before Explanation I, the following clause shall be inserted, namely:-

(1)      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…………………………………..

OR

BEST BEFORE WITHIN…………….MONTH                   (For the period upto and

FROM THE DATE OF PACKAGING/MANUFACTURE. Inclusive of 1st   

                                                                                                  September 2001)

(note :-Blank be filled up )

    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 sterilized or Ultra high Temperature treated milk, Soya milk, flavoured milk, any package containing bread, dhokla, bhelpuri, pioza, doughnuts, khoa, paneer, or any uncanned package of fruits, vegetables, 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 …………………………..DATE FROM MANUFACTURE. 

                                                   OR

 “BEST BEFORE UPTO…………………DATE/MONTH/YEAR 

                                                   OR 

BEST BEFORE WITHIN………………….DAYS FROM THE  (For the period upto

                                                                                                            and inclusive of 

                                                                                                            1^st september2001)

 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. 

               Provided also that in case of a package containing confectionery weighing 20 g or less, the particulars under clause (1) may not be specified: 

            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” 

(d)               In Explanation VI, for clause (a), the following clause shall be substituted, namely:-

“(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“

III.                                     Guidelines on labeling Rules are given as hereunder :Explanation/Implication of rules 32 (subject to interpretation  by courts)

For additional labeling under the Weights & Measures (packaged Commodities) Rules 1977 the relevant book by the same author may be consulted.

           All packaged food shall have to carry a label upon which the particulars mentioned below should be specified:

           The “packages” as defined in Section 2 (x) of the P.F.A Act, “means a box, bottle, casket, tin, barrel, case, receptacle, sack, bag, wrapper, or other thing in which as article of food is placed “

           According to this definition of package, the paper or plastic bag used for packing materials by retailers in the sale of loose goods like burfi, or sweets sold by halwai or other common foods of consumer use shall have to carry a label giving the description as mentioned below. Even the paper or any other such material used for placing snacks in it shall also fall within this definition and shall also be considered package and hence has to carry a label as detailed below:

                        All the Exporters of food products to India CHAs and all others concerned should aware of the aforesaid condition and follow the Rules and Regulations strictly while exporting their food products to India.