Bengal Food Adulteration Act, 1919 (No. 6 of 1919)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Bengal Food Adulteration Act, 1919 Act 6 of 1919 Keyword(s): Adulterated, Food, Local Area, Local Authority, Public Analyst Bengal Act VI of 1919 (The Bengal Food Adulteration Act, 1919.)' AM ENDED .. . ... Ben. Act V of 1925. REPEAI.ED . . . .. . Ben. Act 11I of 1923. REPEALED IN PART AND AMENDED ... Ben. Act. V of 1930. The Government of India (Adaptation of Indian Laws) Order. 1937. The Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. The Adaptation of Laws Order, 1950. AII Act ro tlzake provisiotr Jor rile preve~rriorr ofadulrerario~r offood i l l Ben~al . WHEREAS i t is expedient to make provisions for the prevention of adulteration of food in Bengal ; I t is hereby enacted as follows : CHAPTER I Preliminary. 1. (I ) This Act may be called the Bengal Foo'd Adulteralion Act. 1919. (2) This sec~ion shall extend to the whole of 2West Bengal] except CaIcurta as defined in clause 17) of secbion 3 of the Calcutta 'For S~arcrncnr aTObjccts and Reasonr, see the Colcrtrta Gazerre of 1918. P I . IV, pagc 179, and for Procccding~ in Council. .we ibid. Pr 1VA. pages. 1027-1030,nndsee IhcCnlcrrrro Gozerreof 19 19, PI. IVA, pagcs 146-148,5 18-520 and 983-994. This ACI is ro be dccrncd as repcalcd in the arca added to Calcu~~n by the Calculta Municipal Acl, 1923 [Bcn. ACI I11 of 1423). s. 2(2)(h). For the Salc of Foad and Drugs and for Milk Supply in Cnlculla, see the Calcutta Municipal Act, 1951 (Wcsr Bcn. ACI XXXIfI of 1951). Chaprcrs X X V l I l and XXIX. Shorl title and Imal . . cxtent. 'Thcsc words wcrc subs~i~utcd for the word "Bcngal" by paragraph 121 of Arrictc 3 of thc Indian lndcpcndcncc (Adaptation of Bengal and Punjab Ach) Ordcr. 1918. The Bellgal Food Adrrlrerniior~ Act, 1.919. i [Ben. Act VI i Municipal Act, 1899' ; and the '[State Government] may, after Ben. Act 111 1. .-l ,., . - : or 1899. .. , previous publication, by notification in the '[Oflciai Gazette), extend . . . . . all or any of the other sections of this Act to any Iocal area outside Calcurra in "[West Bengal]. (3) The '[State Government] in exlending all or any of the sections O F this Act, as provided in sub-section (2), may extend the same in respect of all articles of food or may limit [he operarion ofthe section or secdons extended to any specified ar~icle of food. Dcfiniiion5- 2. In [his Act, unless there is anything repugnant in the subject or context, (I) an article of food shalI be deemed to be "adulterated" if it has been mixed ur packed with any other subslance, or if any part of i t has been abstracted so as in either case to affect injuriously its qualiry, substance or nature ; (21 "food" includes every article used for food or drink by man, other than drugs or water. and any article which ordinarily enlers into or is used in the composition or preparation of human food ; and also includes flavouring matters and condiments ; (3) "local area" means any area, urban or rural, declared by the '[State Government] by notif cation in the '[OfJiciai Gazarre] to be local area for the purposes of this Act ; (4) "local authoriry" means ( i ) in the case of any Municipality, 'the Municipal Commis sioners ; l i i ) in the case of a Cantonment, the Cantonment Authority; and 1 [ i i i ) in the case of any olher local area, such aurhority or officer as h e '[Stare Governrnenr] may appoirit in this behalf ; 'Bcngal ACI I l l or 1899 was rcpcalcd and re-cnaclcd by thc Calcu~ta Municipal Acl 1923 [Bcn. Acl Ill or 1923) which Acr rvas spin bccn rcpcalcd and rc-enacted by thc Calcutta Municipal Acr. 1951 (Wesi Bcn. Acr XXXlll of 1951), which was nnally rcpcalcd and re-enaclcd by ihc Cnlcutra Municipal Carporation Act, I980 (Wcsl Bcn. Acl LlX or 1980) and this rc~crcncc should now be consrrucd as a rcrcrcncc 10 ulausc (9) of scctinn 2 of thc lasl mcn~ioned Act. 'Tlic words "Provincial Governmcnr" wcrc originally subsr:rurcd fo;rhc words "Loci11 Governrncnt" by paragraph d ( l ) of the Governrncnt 0 7 India (Adap~arion o f Indian Laws) Ordcr, 1937. nntl rhcrcartcr [he word "Slntc"ww subslilulcd Tor rhe word "Provincial" by par~gnph 4 0 ) of the Addplalion of Laws 3rdcr. 1950. ' ~ h e s e words wcrc subsliturcd for rhc words "Colc~rf~n Gazerrc", by pangnph 411) orrhc Government of India (Adap~a~ion or Indian Laws) Crder 1937. 'See fool-notc 2 on pagc 629, mlrc. Tire B a ~ g a l Food Adrrlterariori Act, 1919. (Ciraprer I . - -Prel i~~~it~ary.Secriot ls 3, 4.-Chapler 11.-Gerreral Provisions.Secrior~ 5.) 7: (5) "Public analyst' means any person appointed by the '[slate Government], or by a local authority with [he approval of the '[State Government]. l o perform the duties and to exercise [he powers of a public analyst prescribed by this Act. 3. The '[Sme Government], ora local aulhority with the approval of the '[State Government], may appoint a person to be the public analyst for any area under their conlrol, and such appointment shall be notified in the '[Oficial Gazerre]. 4. The '[stare ~overnmentj may declare the normal constituents of any article of food and may determine, by rules in this behalf, whar deficiency i n any of theseconstituents, or what addition of extraneous mattersor proportion of water in a sample of any article of food, shall, for the purposes of this Act, raise a presumption until the contrary is proved that the article of food i s not genuine or is irtjurious to health ; and public analyst shall have regard to such rules in ceflifying the result of any analysis under this Act. CHAPTER I1 General Provisions. Sale of food. 5. ( I ) No person shall. directly or indireclly, himselF or by any other person on his behalf, sell to the prejudice of [he purchaser any article of Food which is not of the nalure, substance or quality of t he article demanded by such purchasers ; and no person shall, directly or indirectly, himself or by any other person on his behalf, manufacture for sale any article of food which i s not of the nature, substance or quality which it purports or is represenled to be : Provided thar an offence shall not be deemed to be committed under this sec~ion in the following cases, that is to say : (a) where any matter or ingredient not injurious to health has been added to any article of food because the same is required for the production or prepararion thereof as an anicle of commerce, in a stare tit for caniage or cor.sump Power of Sla~e Govcrn mcnr or local authority ro appoi nl public analysr. Power of Srarc Govcm rncnl10 dcclarc normal consriruenls of any arliclc of I I Prohibition , . . or snlc, CIC.. of rood nor of ~ h c PmPcr , . nalure, subsinnct or quaIity. 'See h o t - n o ~ e 2 on pagc 630. anre. 'Ser fool-notc 3 on pngc 630. attre. T11e Berrgul Food Adrrlreration ACI, 1919. (Clrprer Il..-Getl~ral Provisions. -Secrio,r 6.1 ! I lion and not fraudulently to increase the bulk, weight or I. . . , . . ! . :. measure of the article or to conceal rhe inferior quality . , . thereof; or (b) where any anicle of food is unavoidably mixed with some exlraneous matter in the process of collection or prepara tion ; or (c) where a pa~enr has been granted under any law for the time being in force in respect of any article pf food, and the article is sold in the state required by the specification of he patent. ( 2 In any prosecution under this section it shall be no defence to allege that he vendor or manufac~urer was'ignorant of the nature, substance or qualiry of rhe article sold, exposed for sale or rnanufac tured for sale by him. , (3) I n any prosecu~ion under this section, the Court shall, unless and unril the contrary i s proved, presume that any article of food found in the possession of a person who is in the habir of manufacturing like articles for sale has been manufactured for sale by such person. Prohihirion 6. ( I ) No person shall, directly or indirectly, himself or by any of sale. ctc.. arciclcs ulher person on his behalf, sell, expose For sale or manufacture or store of rood For sale, any of the following articles. namely : which arc ' (a) milk '* * * * not of [he prcscribcd .s!~ndard o i (b) buuer, purity. (c) ghee, Id) wheat flour, (c) muslard oi !, and ' Ifl any other article of food which may be notified by the '[Slate Governn~ent] in lhis behalf, unless [he following conditions are fulfilled, namely : ( i ) i n the case of milk ( ~ ~ h e r rhan condensed, slerilized or desiccated milk in hermetically closed receptacles), the animal from which the milk is derived shall be definitely stated in such manneras the local authority may, by general or special order, rcquire, and the article sold. exposed for salc-or stored for sale. as the case may be, shall be the 'Thc words and brackets "(o~hcr lhan cundenscd. srcrilized ordcsiccatcd milk, in hcr!nc!ically closcd receprnclcs)" wcrc ornilred by s. 2(I)(o) of [he Bcngal Food Adullcraiion (Amcndmcnt) Aci. 1930 (Rcn, Act V of 1930). 'See hot-notc 2 on pagc 630, anre. The Berzgal Food Adrrlrcrorion Act. I9 19. na~ural secretion from the udder of such animal, from which no ingredient has been extracted and to which no water or orher subslance (including any preservative) has been added, and shall no[ contain a less proponion of non fatty solids and of fat than such as the '[State Government] may prescribe ; 2(ia) in the cases of condensed, slerilized or desiccated milk in hermetically closed receptacles, each such receptacle shall be labelled and marked i n such manner as the '[State Governmenr] may prescribe and. the article sold, exposed for sale or slored for sale, as the case may be, shall not contain a less proponion of non-fatty solids and of fat than such as the '[Slale Government] may prescribe ; (ii) in the case of butler, it shall be exclusively derived from milk or cream (other than condensed, sterilized or desic cated milk, orcream), or.both with or without sail, or other preservative. and with or without the addition of colouring matter, such preserva~ivz orcolouring matter being of such a nature and in such quanrity as not to render the article injurious to health, and shall nol conlain a greater propor tion of water than may be prescribed by the '[State Govern ment] in this behalf; ( i i i ) in the case of ghee, it shall contain only substances, orher than curds. which are derivedexclusively from the milk of cowsor of buffaloes, and shall fulfil such conditionsasmay be prescribed by the '[Stale Government) ; ( i v ) in thecase of wheat flour, it shall not contain any substance which is not derived exclusively from wheat ; (v) in the case of mustard oil, it shall be derived exclusively from muslard seed ; and . ( v i ) in thecaseof any food notified by the '[State Governmenl] under clause I(), it shall fulfil such conditions as may be prescribed by the '[Slate Governmenr] in regard lo such food. (2) No person shall, directly or indirectly, himself or by any other person on his behalf, sell, expose for sale, or manufacture or store for sale any thing which is similar to any of the articles specifled in clauses 'See foot-na~c 2 on pagc 630, arlre. 'Clhue (iu] W ~ S insened by s. 2(1)(b)of lhc Bengal Food Adullenrion (Amcnd mcnt) Act, 1930 (Ben. Acr V of 1930). The Ben@ Food Adrrlterario~~ Act, 1919. [Ben. Act VI ' (a), (b), (c), Id) and (el of sub-section (I) or to any arlicle notified by the '[State Government] under clasue Cfl of [hat sub-section, under a name which in any way resembles the name of such article. Frohibilion of ndullcranis in places whcrc ghee. wheal flour. ctc.. arc manulsc lured. ' (20) No person shall, directly or indirectly, himself or by any other person on his behalf, sell, expose for sale or manufacture or store for sale any food in he preparation of which any of the articles speci filed in clauses {a), (b), (c), (d ) and (R) of sub-section ( I ) or any article notitied by the '[StaleGovernmentl underclause I'J of that sub section has been used unlesssuch article fulfils thecondilions set fonh in that sub-section. (3) In any prosecution under this seclion it shall be no defence to allege that the vendor, manufacturer or storer was ignorant of the nature, subslance or quality of the anicle sold. exposed for sale. or manufactured or s~ored for sale by him '[or of any arlicle used in the preparation of any food sold, exposed for sale, or manufactured or stored for sale by him.] (4) In any prosecution under this section the Court shall. unless and until the contrary is proved, presume that any of the articles specitied in clauses (a), (b). (c), (d) and re) of sub-section (I) or any anklenotified by the '[StateGovernrnenr] underclauseIfJof that sub section "[or the food referred to in sub-seciion (2a)) found in [he possession of a person who is in the habit of manufacturing or storing like articles for sale has been manufactured or stored for sale by such person. 7. (I)No person shall keep or permit to be kept in any manufactory, shop or place, in which butter, ghee, whea~ flour, muslard oil or any arlicle notif ed by the '[state Guvernrnent] under clause V ) of sub section (I) of section 6 is rnanufac~ured, any subslance intended to be used for the adulteration of such butter, ghee, wheat flollr, mustard oil or other anicle. (2) If any anicle capable of being so used is found in such manufactory, shop or place, the Court shall, unless and until [he contrary is proved, presume in any prosecution under this section that it is intended to be used tbr the purposes of adulteration. ' S F ~ loo~~notc 2 on pagc 630, ntlre. 'sub-sccliun (20) was inscrlcd by s. 2121 or thc Bcngal Food Adullera~ion (Amcndmenr) Acl, 1930 (Den. Aci V of 1930). Vhesc words wcrc iosencd by s. 331. ibid. 9 h c s c words. brackets. figure and leltcr wcre inscrtcd by s. 2t.I). ibid. The Bcrt~al Food Adrrlrernriot~ ACI, 191 9. 8. [Recepracler for separated or skitl~med cot~derlsud nrill: to be ~rrarked.]--Rep, by s. 3 oJrl~e Berrgal FoodAdt~lreru~iorr (Amerrdtr~ertr) ':: Acr,1930(Bet1.Act,VofI930). Arralysis of food. 9. Any purchaser of an article of food shall be entitled, on payment of such fee as rhe '[State Governmenl] may prescribe, to have such article analysed by the public analyst appointed For the area within which such article is purchased and LO receive from him a certificale, in [he form prescribed in rhe schedule l o this Act, of [he result of his analysis. 10. (1)Anyperson duly authorised by the '[Stare ~overnrnenr] or by any local authoriry empowered by rhe '[State Government] in this behalf, may require, on tendering the price for it, rhe sale to him during the process of manufacrure, for the purpose of analfiis, of such quanti~y of ( i ) any food, or ( i i ) any ingredients used in ~ h c manufacture of food, as is reasonably requisire for division and disposal under section 1 1 ; and any person in possession of the said food or ingredients shall be bound to sell such qunnriry. (2) Anypersonduly uuthorised by the'[StateGovemment]orby any local authority empowered by [he '[State Government] in [his behalf, may also require the surrender to himself, for the purpose of analysis, of such quantity as is reasonably requisite for division and disposal under section 1 1, of any h o d which for the purpose of sale is (n) in course of transit in any local area, or (b) stored in any place in the said local area ; and any person in possession of the said food shall be bound to surrender such quantity : Provided [hat in every such case the price of [he food so surren dered shall be payable from such fund as [he '[Slate Government] may prescribelo Iheownerr~fthefood, ifclaimed by s!ch owner within one month From the date of the said surrender. 3 Any person duly authorised by the '[State Government] or by any local authorily empowered by the '[State Governrncnt] in this behalf. may also require, by tender of the price, the sale to him, for the purpose ofanalysis, of such quantity of any food exposed or intended For sale, as is resonablly requisite for division or disposal undersec~ion 1 1 ; and any person in possession of or exposing the same for sale shall be bound to sell such quantity. Powcr of purchaser lo havc arliclc or food analyscd. Compulsory salc of rood, clc.. for purposc of analysis. 'See loor-note 2 on p3gc 630. ntttr. Roccdurc for analysis or fwd. '1. Powcr Lo seize food which is bclicucd ro bc adultemted. The Betigal Food Adulterariofl Acr, 1919. [Ben. Act VI I 11. (I) Any purchaser who wishes to have an article of food analysed under section 9, and any person who purchases for the purposeofanalysis, a sample of food under sec~ion 10, sub-section (11 or sub-section (3), shall. after the purchase has been completed, forthwirh notify to [he seller, or his agent selling the article, his inrention to have the same analysed, and shall divide the article into , three parts, to be then and there separa~ed, and each pan to be marked and sealed or fastened up in any manner which i[s nalure will permit. (2) The person purchasing [he article or sample shall deliver one of the said parts to the seller or his agent, and shall retain another part for future comparison, and shall send the remaining part to rhe public analyst appointed for the area where the article is sold. (3) When any food is surrendered under section 10, sub-section (Z ) , the person to whom it is surrendered shall forthwith notify to the person in charge of the said food his intention to have the same analysed, and shall thereupon deal with the food so surrendered in the manner provided in sub-sections ( ! I and (2). 111specrion and seizrrre offood. 12. ( 1 ) Any person duly iluthnrised in this behalf by rule made under this Actmay,atany time by day orby night,inspectand examine any food which isbeing manufactured for sale, or is in course oftransit or stored for sa!e, or i s hawked about or exposed for sale, and untensil or vessel used for preparing, manufacturing or containing any such food ; and no person shall offer resistance to, or obstruct, any such inspection or examination (2) If the person so authorised has reason lo believe any such food to be adulterated, he may seize and remove such food, unrensil or vessel in order that the same may be dealt with in accordance with Ihe . provisions of section 13 ; and no person shall offer resistance to, or obsrruct, any such seizure or removal. (3) The person authorised as aforesaid may, instead of canying away any food. utensil or vessel seized under sib-seclion (2), leave the same in such safe custody as he thinks fit in order that the same may be dealt wirh as provided in seclion 13 ; and no penon shaIl remove such food, utensil or vessel from such custody or interfere or [amper wirh the same in any way while so detained. (4) When any food is seized under subseclion (2), [he person seizing it shall separate therefrom such quantity as is reasonably , requisite for division a~id disposal fort hc purposes of this sub-section, and shall thereupon divide and dispose of such quanlity in the manner provided in section 1 I , sub-seclions (I) and (2). The Bengal Food Adulterarion Act, I91 9. (Chapter [I.--Gerieral Provisiot~s.-Secrions 13, 14.) 13. (1) Any food, utensil or vessel seized under section 12, sub section (21, shall, subject to the provisions of sub-sections (3) and (4) of that section, be taken as soon as may be after such seizure, before a Magist rare. (2) If it appears to the Magistrate that any such food is adulterated, or that any such utensil or vessel is used for preparing, manufacturing or containing the same, he shall cause the food, utensiI or vessel to be forfeilcd to [he local authority for the area in which the seizure has taken place, in order rhat il may be destroyed or orhenvise disposed of by h a t aulhority. at the cost of the person in whose possession it was at the time of its seizure, and such cost shall be realised as if it were a fine imposed under this Act. (3) If it appears to [he-Magistrale that any such food is not adulteraled, or that any such utensil or vessel is not used for preparing, manufacturing or containing [he same, rheperson from whoseshop or palce the food, utensil or vessel was I aken shall be entitled to have it resrored to him, and it shall be in the discretion of the Magistrate to award to such person from such fund as [he '[Sake Government] may prescribe in this behalf, such compensation, nor exceeding the actual loss which he has sustained, as the Magislrale may think proper. ~iscelianeous. 14. ( 1 ) Every public analyst to whom any article of food has been submitted for analysis under this Act, shall deliver to the person so submirting it a certificate in the form prescribed in the schedule to this Act, specifying [he result of his analysis, and shall send a copy of the same to the local authority concerned. (2) Any document purporting to be such certificate signed by a public analya shall be suff~cienr evidence in any inquiry, trial or proceeding under this Acr of the result of such~analysis : provided that any court before which a case may be pending under this Act, whether exercising original, appellate or revisional jurisdic lion, may, of its own motion, or at the request either of the accused or the complainant, cause any article of food to be sent foranalysis to the Sanitary Commissionerfor2(West Bengal], orany other officer whom the '[State ~ovemment] may appoint in lhis behalf, who shall there upon analyse the same and report lhe result of such analysis to the said Court, and the said report shall be admissible in evidence in such Court. The expense of such analysis shall be paid by the accused or the complainant as the Court may, by order, direct. Food. elc.. scizcd under scclion 12 to be taken bclorc Magistrnte. Duly of public t nnnlys~ to I supply i I ceni ficalc I or nnalysis. I I I 'See f o o ~ ~ n o ~ e 2 on page 630. onre. 'Scc loot-note 2 on pngc 629, rmrc. Cogniznncc of oficnces. *: Limitalion lor prosccu trnns. Ccnnin pcrsons to b t decmcd public servants. Powcr of Stale Govcrn mcnt 10 makc rules. The Berrgal Food Ad~rlteratiorr Act, 1919. (Ben. Act VI 15. No prosecution for any offence under this Act shall be instiluted without theorder or consent in writing of the Iocal authority within whose jurisdiction [he offence i s committed : 'Provided (hat in the case of an offence commilted within a municipality such order or consent shall be valid i f made or given by the Chairman of the Commissioners of the Municipality. 16. No Magislnte whose powers are less than those of a Magis trate of the second class shall try any offence under this Act. 17. No summons shall issue for the attendance of any person accused of an offence under this Act unless the same i s applied for within thirty days from the date upon which the order of consent referred ro in section 15 shall have been made or given. 18. [Fi1~es,erc.,Itorvtobecredi~ed.~-0nri~tedbyptlr~.3a11dSclr. IV to the Goverrrrller~t of Itrdia {Adaprariott of Irrdiatt Laws) Order, 1937. 19. Every person authorised under seclion 12 shall be deemed LO beapublic servantwithin the meaning of section 21 oftheIndian Penal ACI XLV of Code. 1860. 20. { I ) The2[Stale Government] may, subject to the condition of previous publication, make ruIes to carry out the purposes of this Act. I 2 In particular, and without prejudice to the generality of the ! foregoing power, the '[State Government] may make rules- ! (a) determining what deficiencies in or additions LO any article of food, the normal constituents of which have k e n declared under section 4, shall raise the presumption that . - . . such article is not genuine or is injurious to health ; . . . . . (6) prescribing [he proporlion of non-frt~ty solids and of fat which must be contained in milk sold, exposed for sale or stored for sale ; "(bb) specifying the manner in which each receptacle containing condensed, sterilized or desiccated milk sold, exposed for sale ; or stored for sate, is to be labelled and marked, including the size of the lel~ering, the description of the contained article, irs cornposirion and direc~ion for use ; 'This proviso was addcd by s. 2 aT rhc Bcngal Food Adul~eration (Amcndrnenl) Act, 1925 (Bcn. Act V of 1925). 'See roo[-note 2 on page 630, alrre. l ~ l a u s c (bb) was inserlcd by s. 4 orthc Rcngal Food Adulteration (Amendment) Act. 1930 (Ben. ACI V or 1930). The Balgul Food Adulrerariorr Act, 1919. (Chapter Ill.-Petialries.Secriorl21.) {c) prescribing the maximum proportion of water which may be contained in butter sold, exposed for sale or stored for sale ; (dl prescribing the conditions lo be fulfilled by any food no~itied by the '[State Government] under clause fl of sub section ( I ) of section 6 ; (e) providing for the appoinlmenr by the '[State Government] or by any localauthority empowered by the'[StateGovem ment] in this behalf, of persons to perform the duties and to exercise the powers mentioned in section 10, or section 12; If) prescribing the fees to be charsed by a public analysi for analysing arricles of food under this Act ; and 2* * * * * * * CHAFER 111 Penalties. 21. Whoever contravenes any of the provisions of this Act Penalrics. menlioned in the first columnof the following tableshall bepunished, for a first offence, with fine to the extent mentioned in that behalf in ! the third column of the said table, and, for a second or subsequent offence, wirh tine or imprisonment, or with both, 10 the extent mentioned in the fourlh column thereof. ExpIutrotion.-The entries in the second column of he following . . . . . table, headed "Subject", are not intended as defini~ions of the offences , . . 8 . - ... . . described in the provjsions mentioned in the first column or even as abstracts or those provisions ; but are inserted merely as references to the subject thereof : 'See fool-note 2 on pagc 630, r1lrfr. 'C13usc tg) was omii'cd by pan. 3 and Sch. I V to ~ h c Governmen1 of India (Adap~alion OF Indian h w s ) Ordcr. 1937. The BengaI Food Adulrerntion Act, 1919. (Chapter III.-Penalfies.-Sectio~i 2 1.) [Ben. Act VI 'These words were insened by s. 5(1) of thc Bengal Food Adulrcration (Amend men[) Acr. 1930 (Ben. Acr V OC 1930). %his cnvy was inserrcd by s. 512). ibid t Provisions of Ihe Acr. Swtion 5, sub scction ( I ) . Seclion 6, sub setlion I). Section 6, sub sccrion (2). '[Scciion 6, sub scc~ion (20). 2 Subjec~ Salc, eic.. oradulrcr arcd food. Salc, c~c, of milk, buucr. ghce.whcat flour. mustard oil or no~iiied article which is nor of rhc prcscribed quality '[or is not labelled or marked in rhc prcscribed man ncr]. Sale. crc.. of articlcs to milk similar ro milk. buticr,-ghte. etc. Satc. elc., f o d con taining any anicle which is not ofthe prescribdquali~y. 3 Maximum nne which may be imposcd lor a first oficncc. Two hundred rupees. D i ~ o . One hundred mpecs. Two hundred rupees. 4 Mmimumlineor imprisonment, or both, which may bc im pscd Coraxc ond or subse qucpt olfence. Onc Ihousand ru pccs. or irn prisonment for thrcc morhs, or both. Ditto. Fivc hundred rupccs, or im prisonment for th,rce months, or both. One rhousand rupees, or im prisonmcnt lor three rnonrhs, or borh.] The Bellgal Food Adulferotion Act, 1919. h he eniry relating to scction 8 was omitted by s. 513) of lhc Bcngal F d Adulteralion (Amendmenr) Acl, 1930 (Ben. Acr V or 1930). 4 Maximum fine or imprisonmcnr. or both. which may bc im posed for a scc ond o r sub suqcnr orfence. Fivc hundrcd mpccs. ...... ....... .....# 3 Maximum, Cinc which may be imposed [or a firs1 ofrencc. One llundrcd rupccs. 1 Two hundrd rupccs. Ditto Di l to 1 Provisionsof ihc Acr Section 7. sub scction ( 1 ) . I . Scction 10. sub scctions ( I ) , (2) and (3). Scciion 12, sub sections ( I ) and (2). Sccrion 12. sub scclion (3). 2 Subjccr. Keeping or pcrmii. ting i o t x kcpi sub stancc inicndcd to bc uscd for adul teration o l buiicr. ghee. wheat ftour. mustarll oil. ctc. * Refusal roscll orsur rcndcr arliclcs uT rood required ror purposcs oFanaly sis. Offeringresis!aoccor obsiruciion to any authoriscd pcrson inspecting or cx nmining f o ~ d or seizing or rcmov ing food believed l o bc adullerated. ~ c r n o v i n ~ i n~cr fc r . in6 or tampering w i l h Food. crc.. scizcd and lcf i in cuslody. The Berrgal Food Ad~rlterariotl Act, 191 9. THE SCHEDULE. Form of Certificate. (See sectiotrs 9 arid 14.) To' I, the undersigned, public analyst for the [Ben. Act VI of 1919.1 i , do hereby certify [hat I received on he day of 19 , from2 a sample of for analysis (which then weighed3 ) and have analysed the same and declared the result of my analysis to be as follows : I am of opinion ~ h a r the same i s a sample of "Observarions Signed this day of A. B. at 'Hcre insen the name or the pcrson submiuing Lhc arricle for annlysis. 'Hcrcinsertthenamcolthepcrson dclivcring lhcsamplc. Ilrhcsamplcis received by post or by railway, entry should bc madc accordingly. "hcn the anicles cmno l be convcnicnrly wcighd. this passage may be erased or rhc blank may k lelt unfilled. 'Hcrctheana~yst may insen at hisdiscrction. hisopinion as to whether themixlure ( i T any) was for the purposc o r rcndcring thc arliclc porablc or palatablc, or of prcscrving it, or of improving thc appcarance. or was unavoidable, and may staLe whether i t was in cxccss of w h a ~ is ordinary or otherwise. NOTE.-In thc caseofa certificatc regarding milk. bulrcr or any aniclc liablc to decomposition, ihc analyst shall specially rcporl whcihcr any change had ~akcn placc i n rhc constitulion o f t he arricle thaL would inlcrfcrc with thc analysis.