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Bengal Act VI of 1919

(The Bengal Food Adulteration Act, 1919.)'
AMENDED ... ... Ben. Act V of 1925.
REPEAI.ED ... ... Ben. Act 11I of 1923.
REPEALEDI N 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~rriorrofadulrerario~roffood

ill Ben~al.
WHEREAS i t is expedient to make provisions for the prevention of
adulteration of food in Bengal ;
It is hereby enacted as follows :-

CHAPTER I
Preliminary.
1. (I) This Act may be called the Bengal Foo'd Adulteralion Act. Shorl title
and Imal
1919. cxtent. . .

(2) This sec~ionshall extend to the whole of 2West Bengal]

except CaIcurta as defined in clause 17) of secbion3 of the Calcutta

'For S~arcrncnraTObjccts and Reasonr,see the ColcrtrtaGazerre 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.
'Thcsc words wcrc subs~i~utcdfor the word "Bcngal" by paragraph 121of Arrictc
3 of thc Indian lndcpcndcncc (Adaptation of Bengal and Punjab Ach) Ordcr. 1918.
 LatestLaws.com

The Bellgal Food Adrrlrerniior~Act, 1.919.

[Ben. Act VI
i
Municipal Act, 1899' ; and the '[State Government] may, after Ben. Act 111 1. .-l .-
i
,., :
previous publication, by notification in the '[OflciaiGazette), extend or 1899. . .
.. .. ,.

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 OF 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~icleof food.
Dcfiniiion5- 2. In [hisAct, 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 ;
lii) in the case of a Cantonment, the Cantonment Authority;
and 1

[iii) 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~taMunicipal

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~crcnccshould now be consrrucd as a
rcrcrcncc 10 ulausc (9) of scctinn 2 of thc lasl mcn~ionedAct.
'Tlic words "Provincial Governmcnr" wcrc originally subsr:rurcd fo;rhc words
"Loci11Governrncnt" by paragraph d ( l ) of the Governrncnt 0 7 India (Adap~ariono f
Indian Laws) Ordcr, 1937. nntl rhcrcartcr [he word "Slntc"ww subslilulcd Tor rhe
word "Provincial" by p a r ~ g n p h4 0 ) of the Addplalion of Laws 3rdcr. 1950.
' ~ h e s ewords wcrc subsliturcd for rhc words " C o l c ~ r f ~Gazerrc",
n by pangnph
411) orrhc Government of India (Adap~a~ion or Indian Laws) Crder 1937.
'See fool-notc 2 on pagc 629, mlrc.
 LatestLaws.com
LatestLaws.com

Tire B a ~ g a Food
l Adrrlterariori Act, 1919.

(Ciraprer I.--Preli~~~it~ary.Secriotls
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 '[SmeGovernment], ora local aulhority with the approval Power of
Sla~e
of the '[State Government], may appoint a person to be the public Govcrn-
analyst for any area under their conlrol, and such appointment shall be mcnr or
local
notified in the '[OficialGazerre]. authority ro
appoi n l
public
analysr.

4. The '[stare ~overnmentjmay declare the normal constituents Power of

Srarc
of any article of food and may determine,by rules in this behalf, whar Govcm-
deficiency in any of theseconstituents, or what addition of extraneous rncnl10
dcclarc
mattersor proportion of water in a sample of any article of food, shall, normal
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 ;
consriruenls
of any
arliclc of
I
I
and public analyst shall have regard to such rules in ceflifying the
result of any analysis under this Act.

CHAPTER I1
General Provisions.
Sale offood.
5. ( I ) No person shall. directly or indireclly, himselF or by any Prohibition , . .
or snlc, CIC..
other person on his behalf, sell to the prejudice of [he purchaser any of rood nor
article of Food which is not of the nalure, substance or quality of t he of ~ h c
article demanded by such purchasers ;and no person shall, directly or PmPcr , .
nalure,
indirectly, himself or by any other person on his behalf, manufacture subsinnct
or quaIity.
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~ionin 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 o f commerce, in a stare tit for caniage or cor.sump
--
'See h o t - n o ~ 2
e on pagc 630.anre.
'Ser fool-notc 3 on pngc 630. attre.
 LatestLaws.com
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T11eBerrgul Food Adrrlreration ACI, 1919.

(Clrprer Il..-Getl~ralProvisions. -Secrio,r 6.1 !

I
I., . .. .
lion and not fraudulently to increase the bulk, weight or !., . .:
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~enrhas 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~urerwas'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~ionunder 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 (b) buuer,
.s!~ndardo i
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 :-
e r condensed, slerilized or
( i ) i n the case of milk ( ~ ~ h rhan
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~hcrlhan 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.
 LatestLaws.com

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 in 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.bothwith or without sail, or other
preservative. and with or without the addition of colouring
matter, such preserva~ivzorcolouring 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;
(iii) 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~c2 on pagc 630,arlre.

'Clhue (iu]W ~ insened
S by s. 2(1)(b)of lhc Bengal Food Adullenrion (Amcnd-
mcnt) Act, 1930 (Ben. Acr V of 1930).
 LatestLaws.com

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.
'(20) N o 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 underclauseJ' I 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~oredfor 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] underclauseIfJofthat 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.
Frohibilion 7. (I)No person shall keep or permit to be kept in any manufactory,
of
ndullcranis shop or place, in which butter, ghee, w h e a ~flour, muslard oil or any
in places arlicle notif ed by the '[state Guvernrnent] under clause V ) of sub-
whcrc ghee.
wheal flour. section (I) of section 6 i s rnanufac~ured,any subslance intended to be
ctc.. arc used for the adulteration of such butter, ghee, wheat flollr,mustard oil
manulsc- or other anicle.
lured.
(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 l~o o ~ ~ n o2t con 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.
 LatestLaws.com

The Bcrt~alFood Adrrlrernriot~ACI, 1919.

8. [Recepraclerfor separated or skitl~medcot~derlsudnrill: to be

~rrarked.]--Rep,by s. 3 oJrl~eBerrgal FoodAdt~lreru~iorr
(Amerrdtr~ertr)
:: ' Acr,1930(Bet1.Act,VofI930).
Arralysis offood.
9. Any purchaser of an article of food shall be entitled, on Powcr of
payment of such fee as rhe '[State Governmenl]may prescribe, to have purchaser
havc arliclc
lo

such article analysed by the public analyst appointed For the area or food
within which such article is purchased and LO receive from him a analyscd.
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 Compulsory
by any local authoriry empowered by rhe '[State Government] in this salc of
rood, clc..
behalf, may require, on tendering the price for it, rhe sale to him during for purposc
the process of manufacrure, for the purpose of analfiis, of such of analysis.
quanti~yof -
( i ) any food, or
( i i ) any ingredients used in ~ h manufacture
c 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.

'See loor-note 2 on p3gc 630. ntttr.

 LatestLaws.com

The Betigal Food Adulterariofl Acr, 1919.

[Ben. Act VI I

Roccdurc 11. (I) Any purchaser who wishes to have an article of food
for analysis
or fwd. analysed under section 9, and any person who purchases for the
'1. purposeofanalysis, a sample of food under sec~ion10,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).
111specrionand seizrrre offood.
Powcr Lo 12. ( 1 ) Any person duly iluthnrised in this behalf by rule made
seize food
which is under this Actmay,atany time by day orby night,inspectand examine
bclicucd ro any food which isbeing manufactured for sale, or is in course oftransit
bc
adultemted. 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 ~ i ddisposal 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).
 LatestLaws.com

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- Food. elc..
scizcd
section (21, shall, subject to the provisions of sub-sections (3) and (4) under
of that section, be taken as soon as may be after such seizure, before scclion 12
to be taken
a Magist rare. bclorc
( 2 ) If it appears to the Magistrate that any such food is adulterated, Magistrnte.
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 Duly of
public
t
submitted for analysis under this Act, shall deliver to the person so nnnlys~to I
i
submirting it a certificate in the form prescribed in the schedule to this supply I
cenificalc I
Act, specifying [he result of his analysis, and shall send a copy of the or nnalysis. I
same to the local authority concerned. I
I
(2) Any document purporting to be such certificate signed by a
- public analya shall be suff~cienrevidence 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(WestBengal], 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.
'See f o o ~ ~ n o2 ~on
e page 630. onre.
'Scc loot-note 2 on pngc 629, rmrc.
 LatestLaws.com

The Berrgal Food Ad~rlteratiorrAct, 1919.

(Ben. Act VI

Cogniznncc 15. No prosecution for any offence under this Act shall be
of oficnces.
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 if 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 offenceunder this Act.
Limitalion 17. No summons shall issue for the attendance of any person
lor
prosccu- accused of an offence under this Act unless the same i s applied for
trnns. 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 the Goverrrrller~tof Itrdia {Adaprariott of Irrdiatt Laws) Order,
to
1937.
Ccnnin 19. Every person authorised under seclion 12 shall be deemed LO
pcrsons to
b t decmcd beapublic servantwithin the meaning of section 21 oftheIndian Penal ACI XLV of
public Code. 1860.
servants.
Powcr of 20. { I ) The2[Stale Government] may, subject to the condition of
Stale previous publication, make ruIes to carry out the purposes of this Act.
Govcrn- I
mcnt 10 2 In particular, and without prejudice to the generality of the !
makc rules.
foregoing power, the '[State Government] may make rules- !
(a) determiningwhat 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~tysolids 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~ionfor 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).
 LatestLaws.com

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~itiedby the '[StateGovernment] under clause flof 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* * * * * * *

C H A F E R 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~ionsof 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-note2 on pagc 630,r1lrfr.

'C13usc tg) was omii'cd by pan. 3 and Sch. I V to ~ h Governmen1
c of India
(Adap~alionOF Indian h w s ) Ordcr. 1937.
 LatestLaws.com
LatestLaws.com

The BengaI Food Adulrerntion Act, 1919.

[Ben. Act VI
(Chapter III.-Penalfies.-Sectio~i 2 1.)

t 2 3 4
Provisions of Subjec~ Maximum nne Mmimumlineor
Ihe Acr. which may be imprisonment,
imposcd lor a or both, which
first oficncc. may bc im-
p s c d Coraxc-
ond or subse-
qucpt olfence.

Swtion 5, sub- Salc, eic.. oradulrcr- Two hundred Onc Ihousand ru-
scction ( I ) . arcd food. rupees. pccs. or irn-
prisonment for
thrcc morhs, or
both.

Seclion 6, sub- Salc, c ~ c ,of milk, Di~o. Ditto.

setlion I). buucr. ghce.whcat
flour. mustard oil
or no~iiiedarticle
which is nor o f rhc
prcscribed quality
'[or is not labelled
or marked in rhc
prcscribed man-
ncr].

Section 6, sub- Sale. crc.. of articlcs One hundred Fivc hundred

sccrion (2). to milk similar ro mpecs. rupccs, or im-
milk. buticr,-ghte. prisonment for
etc. th,rce months,
or both.

'[Scciion 6, sub- Satc. elc., f o d con- Two hundred One rhousand

scc~ion(20). taining any anicle rupees. rupees, or im-
which is not ofthe prisonmcnt lor
prescribdquali~y. three rnonrhs,
or borh.]

'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
 LatestLaws.com
LatestLaws.com

The Bellgal Food Adulferotion Act, 1919.

1 2 3 4

Provisionsof ihc Subjccr. Maximum, Cinc Maximum fine or

Acr which may be imprisonmcnr.
imposed [or a or both. which
firs1 ofrencc. may bc im-
posed for a scc-
ond o r sub-
suqcnr orfence.

Section 7. sub- Keeping or pcrmii. One llundrcd Fivc hundrcd

scction ( 1 ) . ting i o t x kcpi sub- rupccs. mpccs.
stancc inicndcd to
bc uscd for adul-
teration o l buiicr.
ghee. wheat ftour.
mustarll oil. ctc.

I. * 1

Scction 10. sub- Refusal roscll orsur- Two hundrd ......

scctions ( I ) , rcndcr arliclcs uT rupccs.
(2) and (3). rood required ror
purposcs oFanaly-
sis.

Scciion 12, sub- Offeringresis!aoccor Ditto .......

sections ( I ) obsiruciion to any
and (2). authoriscd pcrson
inspecting or cx-
nmining f o ~ dor
seizing or rcmov-
ing food believed
l o bc adullerated.

Sccrion 12. sub- ~ c r n o v i ni n~ ~ c r f c r - Dilto #..

scclion (3). . in6 or tampering

w i l h Food. crc..
scizcd and lcfi in
cuslody.

h he eniry relating to scction 8 was omitted by s. 513) o f lhc Bcngal F d

Adulteralion (Amendmenr) Acl, 1930 (Ben. Acr V or 1930).
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LatestLaws.com

The Berrgal Food Ad~rlterariotlAct, 191 9.

[Ben. Act VI of 1919.1
i

THE SCHEDULE.

Form of Certificate.

(See sectiotrs 9 arid 14.)

To'
I, the undersigned, public analyst for the
, 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 rthe 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 c m n o l be convcnicnrly wcighd. this passage may be erased
or rhc blank may k lelt unfilled.
'Hcrctheana~ystmay insen at hisdiscrction. hisopinion as to whether themixlure
(iT 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 ~akcnplacc
i n rhc constitulion o f t h e arricle thaL would inlcrfcrc with thc analysis.