Lok Sabha Question No. 3120 (UNSTARRED), answered on 2017-03-21
Subject: Linking of Farmers to Milk Industry
Ministry: AGRICULTURE AND FARMERS WELFARE
Asked by: RAMESH POKHRIYAL NISHANK

## GOVERNMENT OF INDIA

## MINISTRY OF AGRICULTURE AND EARNERS WELFARE DEPARTMENT OF ANIMAL HUSBANDRY, DAIRYING AND FISHERIES LOKSABHA

UNSTARREI) QUESTION NO.3120 TO BE ANSWERED ON 21r MARCH, 207

## LINKING OF FARMERS TO MILK INDUSTRY

## 3120. DR. RAMESH POICHRTYAL NlSHANK;

Will the Minister of AGRICULTURE AND FARMERS WELFARE* Jft WWT tI' be pleased to state

- a) whether the Government is providing any subsidy to the farmers to link them industry in view of shortage of rnik products leading to adulteration in the entire coun
- b) if so, the details thereof;
- C) whether organic milk is being produced by the farmers;
4. if so, whether any trainings and incenes are being provided to the farmers in t if so, the details thereof;
- e) whether the Government is running any campaign to save consumers from adulterated the crematory, if so, the outcome thereof; and
6. the details of the provisions made by the Government to penalise the persons adulteration?

## ANSWER

THE MAN ESTER OF STATE FOR AGRICULTURE AND FARMERS WELFARE (SHELF SUDARSHAN BHAGNI)

- (a) No Madam, there is no reports of shortage of milk products in the country.
- (,) Does not arise in view of the reply at (a) above.
- (c) Yesmadam.
- (    This Depanment is not providing any trainings and incentives for production of org
- (e) The issue of adulterated Sik is governed under the Food Safety and Standards which is administered by the M/o Health and Family WeAfiue, Government of India throu Safety Standards Authority of India(FSSA. Enforcement of the provisions of the Food Standards Act, 2006 is pñmañly the responsilffity of the State/UT Goverrirnema FSSA Electronic milk Adulteration Te ter(EMAT) with milk analyser for detection of adultera detergent, asnrnonium sulphate, salt, Hydrogen peroxide, sodium bicarbonate, caustic sod is taking comprehensive steps for consumer awareness generation and redressal o complaints and to achieve this goal FSSAI recently launched many consumer contact media WhatsApp, twitter, FSSAI App, Toll -Free No, FSSAE Facebook Page, and Food Safety Voice.
- (6 The provisions of offences and penalties have been prescribed under Chapter DC of the F Act, 2006. Sec8on 57, 58 and 59 of the Act, provide for penalties for cases of adu chapter IX of FSS Act,2006 is annexed.

IAN't.

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Pro%ded that if an application is made to the Designated Officer in this behalf by the person from whom COY article of food has been seized, the Designated Officer shall by order in witting direct the Food Safety Officer to puxiuce such artic]c before him within such time as may be apocified in the order.

(5). In case of impoited articles of food, the ai'thorised officer of the Food Authority shall nike its sample and send to the Food Analyst of notified Jaboratoty for analysis who shall send the report within a period of five days to the authorised officer

(6) The Oesigiated Officer, the Food Safety Officer, the authoilsed officer and the Food Analyst shall follow such procedure as may be specified by regulations.

## CIIAPITR IX OFFENCES AND PENALTIES

## 48. General prowisions relating to effenees.

(I) A person may under any article of food injurious to health by rncans of one or mote of the following operations. moral--

(a) adding any article or substance to the food;

b) using any article or substance as an inedient in the preparation of the food;

(C) abstracting any constituents from the f,cd; or

- (d) subjecting the food to any other process or treatment, with the knowledge that it may Fe sold or offered for sale or distributed for human coiisumprioo.

(2) In determining whether any food is unsafe or injttrious to health, regard shall be had to -

- (U) (I) the normal conditions of use of the food by the consumer and its handling at cash stage of production, processing and disthbuhon;
- (ii) the infonnatton provided to the consumer, iretailing information on the label, or other information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food or category If foods 'sot only to the probable, immediate or short-term or long-term effects of that food on the health of a person consuming it, but also on subseqijent generations;
- (,it) to the probable cu,ttulative toxic effects:

(iv) to the particular health sensiti.tiea of a specific category of consumers where the food is intended for that category of consumers; and

(v) also in th e probable cumulative effect of iioad of substantially he same composition on the h e alth of a person consuming it in ordinary quantlues;

(h) the fact where the quality or purity of the article, being primary food, has fallen below the specified standard o r its conatituents are present in quantities not Mthin the specified limits of vaiabihty, in either case, solely due to oaWra causes and beyond the control of human agency, then such article shall not be deemed to be unsafe on sub-standard or foot! containing extraneous matter.

.bpthmuien - For the Purposes of tins section, "itm", includes any mipairmeut, whether pennanetit or temporary, and injudous in health" shall be construed accordingly.

## 49, Ge,era! provisions relafiDg fri pti'a]fy.

While adjudging the quantum of penalty under this Chapter, the Adjudicating Officer or the Tribunal, as the case may hc shall have due regard to the following:--

(a) The arnourn of gain or unfair advantage, wherever quantifIable, made at a result of the contravention,

(b) The ,4mounr Of loss caused or likely to cause to say pound AR a resolt if the co ntrav en I ion

(C) The repetitive nature of the contravention.

(<V Whether the eoowavenriou is w)thouf his knowledge, and

(C) Any other relevant tactor,

## St ftnity for sefiui'g rood not of the ini t iative ersahtanceorquality demanded.

Any person who sells to the purchaser's preudicc any food which is not in compkiance wary the pmvisions of this Act or the regulations made rhetetrnder. or of the nature or substance or quality demanded by the purchaser, shalt be liable to a penalty n exceeding five lash rupees.

Provided that the persona covered under sub -section (2) of section 31, shall for suc non-compliance be liable to a penalty not exceeding twenty five thousand rupees.

## SI. Penally, her sub-sta.idard food.

Any person who whether by Itinuseif or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of ford for h consumption which is sub-%standard, shall be liable To a penalty which may extend to five lakh rupees.

## 52.Penalty, for misbranded food.

(I) 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 two for hum consumption which is misbranded, shall be liable to a penalty which may extend to three lakh rupees.

(2) The Adjudicating Officer may issue a direction to the person found guilty of an offence under this section, for 'eking corrective drum   to roelify the mistake or such etude of food shall be destroyed.

## 53.Penalty for misleading advertisement

(I) Any Person who publishes or is a party to the publication of all advertisement, which-

- (a) falsely descdbes any food; or

(h) is likely to mislead as to the nature or substance or quality of any food or gives false guarantee, shall be liable to a penalty which may extend to 'en laM rupccs.

(2) In any proceeding the fact that a label or advertisement relating 1 , any article of food in respect of which the conuravention is alleged to have been committed contained an accurate statei,,cnt of the composition of he tod shall not preclude the court from findi that the contravention was committed.

## 54.Penalty for food containing extraneous mutter.

Any person whether by himself or by any other penoo on his behalf mnnuthctures for sale or stores or sells or distributes or imports any article of food for human consumptio containing extraneous matter, shell be liable to a penalty which olay extend to one lards rupees.

## 55.Penalty for failure to comply with the directions of Food Safety Officer.

If A  food business operator or importer without reasonable wound, fails to comply with the requirements of this Act or the roles or regulations or orders issued thereunder, directed by the Food Safety Officer, he shall be liable to a penalty which may extend to two laich rupees.

## 56.Penalty for mihygienic or utisanitary processing or manufacturing of food.

Any person who, whether by himself or by any other person on his behalf, manufactures or processes any article of food for human consumption under uahygicoic or unsanitary coiditions, shall be liable to a penalty which may extend ii one lakh rupee,.

## 57. Penalty for possessiug adulterunt.

(1) Subject to the provisions of this chapter, it any person who whether by himself o by any other person on his behalf, imports or manufactures for sale, or stems, sells distribute any adulterant shall be liable -

(i) where such adultarant is not injmious to health, to a penalty not exceeding two lAsh rupces;

(ii)where such adulterant is injurious to health, to a penalty not exceeding ten lAth rupees

(2) In a proceeding under aib-sretk (l I it shall 0(4 be a defence thin the acct was holding such adultetimt on behalf of any other person.

## 58. Penalty for coutraventloos for which no specific penalty Is provided.

Whoever contravenes any provisions of this Act or the rules or reguJattons made thereunder, for the contravention of which no penalty tins been seperately provided in th Chapter, shall be liable to a penalty which may extend to two lakis rupees.

## $9. Purdshmeat for unsafe (o.d.

Any peton who, whether by him s elf or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food for h cctuumpt* whish Is unsaf shall be p.inishabl-

(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 Infiltrates,

- (ii)where such failure or contravention results in a uon-preens injury, with imprisonment for a tenu 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 tent, which may extend to six years and also with fine which may extend to five laId' rupees;
- (iv) where such failure or contravention results in death, with imprisonment for a tens which shall not be less than seven years but which easy extend to imprisonment for life and also with fine which such not be less than ten lakh Rupees-

## 60. PunIshment for Indenturing wills seized iteman

IF a person without the permission of the Ford Safety Officeh retains, removes or tampers with any food, vehicle, equipment, package or labelling or advertising material or other thing that has been ,qeized under this Act, he shall be punishable with imprisonment for a term which may extesid to six months and also with fine which may extand to two lakh rupees.

## 61. Punishment for false information.

11Th person, in connection with a requjrcment or direction under this Act, provides any information or produces any document that the person lurnws is false nr misleading, he shall be punishable with imprisonment for a term which may extend to three months and also with fine which may extend to two lakh rupees.

## 61 PunIshment for obstructing or impersonating a Food Safety Officer.

If a person without reasonable excuse, resists, obstructs, or attempts to ohstnict, lmper'otute, threaten, intn*late or assauit about Safety Officer in exorcising his function under this Act, he shell be punishable with imprisonment for a term which may extend to three months and also with line which nay extend to one lakh rupees.

## 63. Pimlsh.nent for currying miEn business without licence.

If any person or food business operator (except the persons exempted from licensing wider sub-section (2) of section 31 of this Act), himself or by any person on his behalf who is required to obtain licence, manufacturers, sells, stores or distributes or imports any article food without licence, shall he punishable with hnprisomnenr for a hard which any extend to six months and also with a time which may extend to five lüli rupees.

## 64.Pumishment for subsequent offences.

(I) If any person, after having been previously convicted of an offence punishable under this Act subsequently conunit,s and is convicted of the same offence, he shall be liable to-

(I) twice the punishment, which might have been imposed on a first 000viction, subject to the punishment being maxinrLnr, provided for the same offence;

(ii) a further fine on daily basis which may extend tip to one lakh rupees, where the offence is a euntinuing one; and

(no) his licence shall be cancelled.

(2) The Court may also cause the offender's name and place of residence, the offence and the penalty imposed to be published at the offender  expense in such newspapers or In such other manner as the court may direct and the expenses of such publication shall be deemed to be part of he most attending the com'iclion and shall he recoverable in the same maimer as a fine.

## 65 CompensatIon bi case injury of deathofconsumer

(I) Without prejudice to the other provisions of this Chapter, if any person whether by himself or by any other person on his behalf, manufactures or distributes or sells or imports any article of food causing injury to the consumer or his death, it shall he lawftl for Adjudicating Officcr or as the case may be, the court to direct him to pay Compensation to the victim or the legal representative of he victim, a sum-

(a) ne( less than five lakJm ropees in case of death (b) not execeding three laId' ropers in case of gtievous injufl'; aid

(c) not exceeding one' akh rUpees, in all other cases of minor

Provided that the cotnpensation shall be paid at the earliest and in no case later than six months from the dale of  occurrence of tho incident:

Fovided forms, that in case of death, an interim relief shall be paid to the next of  the kin within thirty days of the incident.

(2) Where any person is held guiky of an offencc leading to grievous injury or dead be Adjudicating Officer or the court may cause the panic and place of residence of the person held guilty, the offence and the penalty imposed to he published at the offender's expense in such newspapers or in such other manner as Can Adjudicating Officer or the Court may direct and the expenses of such publication shall be deemed to he part of the cost attending the conviction and shall be recoverable in the same mauner as a ra,e.

(3) The A4udicating Officer or the court may also.-

(a) order for cancellation of licence, re-call of had from market, forfeiture of establishment and property in cue of grievous injury or death of consumer, (1,) issue prohibition ordets in other cases.

## 66. Olfeaces by companies

(I) Vftere an offence under this Act which has licen committcd by a company, every person who at the rnnc the ch a nce was concerned was ill charge of, and was rearoosible to, the company for the cnnduct of the busiuess of  the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished ,seemingly.

Provided that where a company has different establishments or branches or different units in any establishment or branch, the concerned Head or the person in-charge of such establishment, branch unit nominated by the company as responsible for two safety shall ho liable for contn.vention in respect of such estsl,Jislmienn brand' or unit:

Provided further that nothing contained in this sub-section shall render any such person liable to any prominent provided lit this Act, if he proves that the offence was committed without ills knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (I), where an offence under this Act has been com'nittcd by a company and it is proved that the offence has been committed with the consent or coimivanco of or is attnburahlc to any neglect on the pall t any director, nianagér, secretaly or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liab to ho proceeded agalust and punished accordingly.

ExpIaiwJion.-For t he purpose of this section,-

(a) "company' means Arylassys , corporate and includes a firm or other association of individuals; and

Of diiecto?' in relation to a finn, means a partner in the firm.

## 67. Penalty for contravention or provisions of this Act In case of import of articles of food to be in addition to isistaffies provided under any other Act

(1) Any person who imports any artioje of food which is in contravention of the provisions of this Act, miles and regulations wade thcreunder shall, in addition to any penalw W which be may he liable under the provisions of the Foreign Trade (Development and Regulation) Act,1992 (22 of 1992) and the Customs Act. 1962 (52 of 1962) be also liable under this Act and shall be proceeded against accordingly.

(2) Any such article of food shall be destroyed or rammed to the importer, if permitted by the competent authority under the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) or the Customs Act, 1961 (52 of 1962), or any other Act, is the case may he.