Adulteration Act peeves Maharashtra traders

Food adulteration is now a non-bailable and a cognisable offence in Maharashtra after an amendment to the Prevention of Food Adulteration (PFA) Act came into effect last week.

The amendment, which gives Maharashtra police powers to arrest anyone on suspicion, is primarily aimed at curbing milk adulteration but has created alarm among other traders, who say it leaves them at the mercy of police.

The state government carried out the amendment last year after it was deluged with cases of milk adulteration. The Food and Drug Administration Department estimated last year that 25 per cent milk sold in the state was unfit for human consumption.

"The amendment is to help the state curb milk adulteration. Section 20 of the central legislation makes food adulteration a bailable and a non-cognisable offence but the amendment in Maharashtra has made it a cognisable offnce. While earlier, a court could take cognisance only after a food inspector's complaint with the consent of the appropriate authority, now police have powers to make arrests even on the basis of information," said SW Deshpande, advocate and former joint commissioner of the state FDA. If police get a tip-off, they are expected to start probe, says Deshpande.

There is ample scope for misuse of these powers, he says, adding that when there are special agencies to deal with food and drug adulteration, the civil society's general view is that police should not be involved.

Police had the powers to arrest food adulterators even without the amendment but there was ambiguity as culprits would get away saying it was a non-cognisable offence. The amendment is meant to remove this ambiguity, officials say.

The Solvent Extractors' Association of India, the premier association of vegetable oil dealers, has already shot off a letter to the state government, including Chief Minister

Vilasrao Deshmukh, urging it not to enforce the amendment.

"A police officer can arrest any person without warrant for even a minor offence under the PFA Act. This amendment is, therefore, strongly objectionable as this will give a free hand to food inspectors and police officers to prosecute any manufacturer or trader without scrutiny of papers or investigation. Also, by giving powers to arrest and take cognisance under the PFA Act to police, who are not qualified under the Act and have no technical knowledge of adulteration and the PFA Act, the manufacturers/traders could be unnecessarily harassed and implicated," the memorandum says.

The association, which has 750 members, including edible oil manufacturers and traders, has called for setting up of an expert group to prepare police for proper implementation of the new amendment to ensure that "no frivolous action is taken against traders."