Lok Sabha Question No. 1703 (UNSTARRED), answered on 2023-12-13
Subject: Adulterated Items in Market
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: Dileshwar Kamait

## Government of India

## Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs

## LOK SABHA UNSTARRED QUESTION NO. 1703

TO BE ANSWERED ON 13.12.2023

## ADULTERATED ITEMS IN MARKET

1703.  SHRI DILESHWAR KAMAIT:

## Will the Minister of CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k ea=h be pleased to state:

- (a) whether  the  Government  has  considered  to  control  and  take  action  against  those  shopkeepers  and businessmen who sell adulterated items in the market by displaying more advertisement by all means in the country;
- (b) if so, the details of the number of licenses cancelled in this regard during the last three years and the current year, State/UT-wise;
- (c) if  so,  the  action  taken  against  shopkeepers  and  businessmen  and  the  provisions  made  by  the Government to handle such issues; and
- (d) if not, the reasons therefor?

## ANSWER

## miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k jkT; ea=h ( श्री अश्विनी कु मार चौबे )

## THE MINISTER OF STATE CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI ASHWINI KUMAR CHOUBEY)

(a)  :   Food  Safety  and  Standards  Authority  of  India(FSSAI)  through  State/UTs  and  its  Regional  Offices conduct regular surveillance, monitoring, inspection and random sampling of food products, including protein supplements, to check compliance of said standards as per the provisions of Food Safety and Standards Act 2006 (FSS Act, 2006), Rules and Regulations made thereunder.

In cases where the food samples are found to be non-conforming, penal actions are initiated against the defaulting  Food  Business  Operators  as  per  provisions  of  FSS  Act,  2006  and  Rules  and  Regulations  made thereunder.

Further,  monitoring  is  done  w.r.t  compliance  as  per  Food  Safety  and  Standards  (Labelling  and Display) Regulations, 2020 and Food Safety and Standards (Advertising and Claims) Regulation, 2018 and appropriate action is taken against the defaulters as mentioned above.

The Department of Consumer Affairs (DoCA) administers the Consumer Protection Act, 2019 which has  been  enacted  to  protect  the  rights  and  interests  of  consumers.  Section  90  and  91  of  the  Consumer Protection  Act,  2019  provide  for  punishment  for  manufacturing  for  sale  or  for  storing  or  selling  or  for distributing or importing any product containing an adulterant or spurious goods, which includes imprisonment or fine depending on the extent of injury to the consumer.

To  safeguard  consumers  from  unfair  trade  practices  in  e-commerce,  the  Department  of  Consumer Affairs  has  also  notified  the  Consumer  Protection  (E-commerce)  Rules,  2020  under  the  provisions  of  the Consumer Protection Act, 2019. These rules inter-alia outline the responsibilities of e-commerce entities and specify the liabilities  of  marketplace  and  inventory  e-commerce  entities,  including  provisions  for  customer grievance redressal.

Under  the  provisions  of  the  Consumer  Protection  Act,  2019,  the  Central  Consumer  Protection Authority (CCPA) has been established w.e.f 24.07.2020 to regulate matters relating to violation of rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers as a class.

The CCPA  has notified the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 on 9th June, 2022. These guidelines inter-alia provide for; (a) conditions for an advertisement to be non-misleading and valid; (b) certain stipulations in respect of bait advertisements and free claim advertisements; and (c) duties of manufacturer, service provider, advertiser and advertising agency.

The  Bureau  of  Indian  Standards  (BIS)  has  notified  framework  on  'Online  Consumer  Reviews  Principles and Requirements for their Collection, Moderation and Publication' on 23.11.2022 for safeguarding and protecting consumer interest from fake and deceptive reviews in e-commerce. The standards are voluntary and are applicable to every online platform which publishes consumer reviews. The guiding principles of the standard are integrity, accuracy, privacy, security, transparency, accessibility and responsiveness.

(b) : FSSAI has informed that the licenses cancelled in last 03 years due to non-compliance/ violation/contravention of  mandated under FSSR is given under:

| License Type    |   FY 2021-22 |   FY 2022-23 |   FY 2023-24 (till 08.12.2023) |
|-----------------|--------------|--------------|--------------------------------|
| Central License |            2 |            9 |                              1 |
| State License   |          255 |          505 |                            349 |

(c) &  (d) : In cases where the food samples are found to be non-conforming, penal actions (adjudication/prosecution) are initiated against the defaulting Food Business Operators as per provisions of FSS Act, 2006 and Rules and Regulations made thereunder

*****