Food is one of the basic needs of life. It is the most important aspect of one's lifestyle which affects our living in many ways. The safety and purity of food that we consume daily is a growing cause of concern. Driven by the greed for increased profits, many unscrupulous manufacturers resort to harmful practices, particularly during high-demand seasons. This not only endangers public health but also erodes consumer trust in the food industry.

In India, sweets are the soul of festivals and celebrations and these are highly vulnerable to adulteration. This problem is magnified during festivals like Diwali or Navratri, where demand rises, leading to decreasing production quality.

In this article, we will bring to light the adulteration in sweets and uncover legal provisions related to adulteration and some methods to protect ourselves from these unethical practices.

What is Food Adulteration?

Food Adulteration is a serious challenge confronting today's society. It involved mixing harmful substances in food items, which might look similar in texture and appearance but are different in composition. Hence adulteration is a highly deceptive practice contesting the honesty of our food sector. The addition or subtraction of any substance in food or from food to reduce its quality is known as Food Adulteration. The worst part is that adulterated food is dangerous and can even cause irreparable problems in our health.

Imagine buying your favourite sweet gulab jamun for Diwali celebrations. The rich aroma and delicious taste may bring joy but they might contain synthetic dyes, fake mawa or adulterated milk, all of which are harmful to health. Such incidents not only affect our physical well-being but also tarnish the joy associated with sharing food during special moments.

Adulteration, especially in milk-based sweets, often involves the addition of starch, detergents, or synthetic chemicals, posing risks ranging from mild digestive distress to severe long-term health implications. The Tirupati sweets adulteration scandal is a stark reminder of the dangers posed by such practices.

Relevant Legal Framework
Recently, a single-judge bench of Anoop Kumar Dhand, J., emphasised on the need for strict implementation of food safety regulations. The Rajasthan High Court asserted that Article 21 of the Constitution of India includes the right to safe and healthy food. Also, under Article 47 of the Constitution of India, it is the duty of the state to protect citizens from hazardous food. Moreover, the adulteration of food is a subject in the Concurrent List of the Indian Constitution.

The Prevention of Food Adulteration Act,1954, has laid down guidelines to provide pure and wholesome foods to consumers. The Act was last amended in 1986 to make punishments more stringent and to empower consumers further. Section 91 of this act empowers the Central Government to make related rules under this Act.

Some provisions of the Penal law also deal with Food Adulteration. Section 274 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes Adulteration of food or drink intended for sale.

'Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.'

It was previously covered under Section 272 of the Indian Penal Code (IPC). However, the fine prescribed earlier in IPC was up to one thousand rupees. Under the BNS, this fine has been significantly increased.

The Food Safety and Standard Act, 2006 is a comprehensive legislation which deals with all the aspects of Food Safety. This act establishes various authorities for the implementation of the provisions of the act. Food Safety and Standard Authority of India (FSSAI) has also been established under this act. The act lays down a list of offences in which penalties shall be imposed. This act provides penalties for various offences like - selling food which is not of the quality as per the regulations under the act or for sale, selling and distributing food of substandard quality etc.

In addition to the penalties and punishments, this act also includes provision of compensation to be paid to the victims by the person contravening the provisions of the act.

Moreover, international standards, including the standards laid out by the World Health Organization (WHO), emphasize consumer safety, aligning with India's responsibility to maintain food safety practices.

Recent Cases and Findings
Food adulteration is a serious issue that can pose a risk to public health. Every year a substantial number of cases are recorded and some turn into huge controversies.

• Tirupati Adulteration Case
  Recently, there surfaced a huge controversy in Tirupati Balaji, where the laddu prasadam was found to be adulterated. There were several allegations that the Tirumala Tirupati Devasthanam (TTD) laddu prasadam contained ghee adulterated with animal fats. The Supreme Court, looking seriously into this matter, ordered the constitution of a five-member special investigation team (SIT) under the Central Bureau of Investigation (CBI) for the supervision of this matter. The Apex Court noticed that the religious sentiments of the people were being hurt who have faith and belief in the deity of Lord Venkateshwara.
   
• Noida Adulteration Case
  The food department during their pre-festive checks on commonly adulterated items like khoya, milk, ghee and sweets, collected samples of sweets. Insects were found in over 200 kg of rasgullas and over 45 kg of sweets were contaminated. Approximately 55 kg of chena sweets were destroyed that were found to be adulterated. Also, the officials confiscated over 100 kg of adulterated khoya which is a crucial ingredient in many sweets.
   
• Moga Case
  Ahead of Diwali, the health department of Moga seized around 1,647 kg of adulterated sweets which included 1392 kg of adulterated milk cake and 255 kg of khoya barfi brought from Jodhpur and Abohar.
   
• Borivali Adulteration Case
  In October 2024, the Food and Drug Administration (FDA) officers seized sweets made from adulterated ingredients worth Rs. 31 Lakh from a shop named Maa Ashapura Sweets. The seized items include 1,123 kg of cashew powder; 3,809 kg of cashews; 3,369 kg of Kaju Katli, 58 kg of ghee and other sweets.

Substances Used for Adulteration

• Starch - Starch is generally used in almost all sweets to increase its consistency.
• Chalk Powder - This is a highly deceptive ingredient as it imitates the appearance of sweets.
• Vegetable Fats - This helps in alteration of the texture of the sweets.
• Detergents, caustic soda or urea - These are used to increase the quantity of the sweets at low cost allowing the manufacturers to maximise their profits.
• Coloured Peanuts - These are used instead of Pista.
• Aluminium Foil - This is used in place of the silver coating work on the sweets.
• Synthetic Milk - This is used to make condensed milk at low prices.
• Yellow Dye - This is used instead of saffron to add colour to the sweets.

Methods to Identify Adulterated Food

Food Adulteration has many adverse effects on our health. It is important for the consumers to be well aware of the type of food they are consuming. Hence, the latin maxim Caveat Emptor (let the buyer beware) should be applied as a crucial reminder for the people consuming adulterated food items.

1. Silver coating test
   One serious issue discovered during a lot of inspections was the use of harmful aluminium foil instead of silver foil on sweets. One method of identifying the foil is by running it between fingers. If it disappears, it is a silver foil and if it turns into a ball, it is an aluminium foil.
    
2. Iodine Test
   Take a spoonful of khoya and add it in a cup of hot water. Next, add a small amount of iodine into the khoya. If the mixture turns blue, then it has been adulterated using starch.
    
3. Mawa test
   It is the test recommended by FSSAI, that when the mawa is rubbed on the palm and has an oily and grainy texture and leaves a trail of grease on the palm, then it is not fit for human consumption and it is adulterated.
    
4. Honey Test
   In this method, add a drop of honey to a transparent glass of water. Pure honey will not disperse in water. The dispersion of honey in water indicates the presence of added sugar.
    
5. Water Adulteration in Milk
   This is the most common adulteration. We can test it easily at our homes. Place a drop of milk on a flat surface or your palm. If the milk is pure, it leaves no trace while flowing and if there is water added milk, it will leave a white trail while flowing.
    
6. Colour test
   The overly bright and colourful sweets should be avoided as they may be adulterated. You can test the colour by placing the sweet on the palm to see if there is any colour left on the palm or not.

Way Forward
Food Adulteration remains a grave challenge, threatening public health at large. While the laws concerning food adulteration are comprehensive, there is still an urgent need for stronger enforcement and more stringent penalties and punishments to deter the offenders.

Timely inspections by authorities, not just during festive seasons, but on a regular basis can bridge the gap between the legislation and its enforcement. Consumer vigilance is also needed for ensuring that adulterated food does not reach the households.

Hence, collaborative efforts with strong enforcement can help India to tackle this grave issue.

References:

• https://economictimes.indiatimes.com/industry/cons-products/food/are-your-diwali-sweets-safe-shocking-food-adulteration-cases-uncovered-in-noida-ghaziabad-heres-what-you-need-to-know/articleshow/114644674.cms?from=mdr
• https://timesofindia.indiatimes.com/life-style/food-news/adulteration-in-diwali-sweets-how-to-test-purity-of-mawa-at-home/articleshow/114396491.cms
• https://timesofindia.indiatimes.com/readersblog/rightpath/food-adulteration-2984/
• https://www.scconline.com/blog/post/2024/07/02/rajasthan-high-court-issues-interim-measures-to-curb-food-adulteration-scc-times/
• https://www.drishtijudiciary.com/current-affairs/adulteration-of-food-under-bhartiya-nyaya-sanhita
• https://blog.ipleaders.in/food-adulteration-laws-in-india/
• https://indianexpress.com/article/cities/chandigarh/moga-health-dept-seizes-1647-kg-adulterated-sweets-ahead-of-diwali-9017719/
• https://www.mid-day.com/mumbai/mumbai-crime-news/article/borivali-sweet-shop-owner-held-for-adulteration-mumbai-cops-seize-food-products-worth-rs-31-lakh-23417985

Written By:

• Himani Chhabra, a student of 4th year, BA LLB at University College of Law, Mohanlal Sukhadia University, Udaipur, Rajasthan
• Harshita Shrimali, a student of 4th year, BA LLB at University College of Law, Mohanlal Sukhadia University, Udaipur, Rajasthan
• Himalaya Menaria, a student of 4th year, BA LLB at University College of Law, Mohanlal Sukhadia University, Udaipur, Rajasthan

Also Read:

• Food safety and standards authority of India