Food Adulteration

ADULTERATION OF FOOD. "Adulteration" is a legal term meaning that a food product fails to meet federal or state standards. Adulteration usually refers to noncompliance with health or safety standards as determined, in the United States, by the Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA).

Definition of Adulterated Food

The Federal Food, Drug, and Cosmetic (FD&C) Act (1938) provides that food is "adulterated" if it meets any one of the following criteria: (1) it bears or contains any "poisonous or deleterious substance" which may render it injurious to health; (2) it bears or contains any addedpoisonous or added deleterious substance (other than a pesticide residue, food additive, color additive, or new animal drug, which are covered by separate provisions) that is unsafe; (3) its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (4) it bears or contains a pesticide chemical residue that is unsafe. (Note: The Environmental Protection Agency [EPA] establishes tolerances for pesticide residues in foods, which are enforced by the FDA.)

Food also meets the definition of adulteration if: (5) it is, or it bears or contains, an unsafe food additive; (6) it is, or it bears or contains, an unsafe new animal drug; (7) it is, or it bears or contains, an unsafe color additive; (8) it consists, in whole or in part, of "any filthy, putrid, or decomposed substance" or is otherwise unfit for food; or (9) it has been prepared, packed, or held under unsanitary conditions (insect, rodent, or bird infestation) whereby it may have become contaminated with filth or rendered injurious to health.

Further, food is considered adulterated if: (10) it has been irradiated and the irradiation processing was not done in conformity with a regulation permitting irradiation of the food in question (Note: FDA has approved irradiation of a number of foods, including refrigerated or frozen uncooked meat, fresh or frozen uncooked poultry, and seeds for sprouting [21 C.F.R. Part 179].); (11) it contains a dietary ingredient that presents a significant or unreasonable risk of illness or injury under the conditions of use recommended in labeling (for example, foods or dietary supplements containing aristolochic acids, which have been linked to kidney failure, have been banned.); (12) a valuable constituent has been omitted in whole or in part or replaced with another substance; damage or inferiority has been concealed in any manner; or a substance has been added to increase the product's bulk or weight, reduce its quality or strength, or make it appear of greater value than it is (this is "economic adulteration"); or (13) it is offered for import into the United States and is a food that has previously been refused admission, unless the person reoffering the food establishes that it is in compliance with U.S. law [21 U.S.C. § 342].

The Federal Meat Inspection Act and the Poultry Products Inspection Act contain similar provisions for meat and poultry products. [21 U.S.C. § 453(g), 601(m).

Poisonous or Deleterious Substances

Generally, if a food contains a poisonous or deleterious substance that may render it injurious to health, it is adulterated. For example, apple cider contaminated with E. coli O157:H7 and Brie cheese contaminated with Listeria monocytogenes are adulterated. There are two exceptions to this general rule. First, if the poisonous substance is inherent or naturally occurring and its quantity in the food does not ordinarily render it injurious to health, the food will not be considered adulterated. Thus, a food that contains a natural toxin at very low levels that would not ordinarily be harmful (for instance, small amounts of amygdalin in apricot kernels) is not adulterated.

Second, if the poisonous or deleterious substance is unavoidable and is within an established tolerance, regulatory limit, or action level, the food will not be deemed to be adulterated. Tolerances and regulatory limits are thresholds above which a food will be considered adulterated. They are binding on FDA, the food industry, and the courts. Action levels are limits at or above which FDA may regard food as adulterated. They are not binding on FDA. FDA has established numerous action levels (for example, one part per million methyl mercury in fish), which are set forth in its booklet Action Levels for Poisonous or Deleterious Substances in Human Food and Animal Feed.

If a food contains a poisonous substance in excess of a tolerance, regulatory limit, or action level, mixing it with "clean" food to reduce the level of contamination is not allowed. The deliberate mixing of adulterated food with good food renders the finished product adulterated (FDA, Compliance Policy Guide [CPG § 555.200]).

Filth and Foreign Matter

Filth and extraneous material include any objectionable substances in foods, such as foreign matter (for example, glass, metal, plastic, wood, stones, sand, cigarette butts), undesirable parts of the raw plant material (such as stems, pits in pitted olives, pieces of shell in canned oysters), and filth (namely, mold, rot, insect and rodent parts, excreta, decomposition). Under a strict reading of the FD&C Act, any amount of filth in a food would render it adulterated. FDA regulations, however, authorize the agency to issue Defect Action Levels (DALs) for natural, unavoidable defects that at low levels do not pose a human health hazard [21 C.F.R. § 110.110]. These DALs are advisory only; they do not have the force of law and do not bind FDA. DALs are set forth in FDA's Compliance Policy Guides and are compiled in the FDA and Center for Food Safety and Applied Nutrition (CFSAN) Defect Action Level Handbook.

In most cases, DALs are food-specific and defect-specific. For example, the DAL for insect fragments in peanut butter is an average of thirty or more insect fragments per 100 grams (g) [CPG § 570.300]. In the case of hard or sharp foreign objects, the DAL, which is based on the size of the object and the likelihood it will pose a risk of choking or injury, applies to all foods (see CPG § 555.425).

Economic Adulteration

A food is adulterated if it omits a valuable constituent or substitutes another substance, in whole or in part, for a valuable constituent (for instance, olive oil diluted with tea tree oil); conceals damage or inferiority in any manner (such as fresh fruit with food coloring on its surface to conceal defects); or any substance has been added to it or packed with it to increase its bulk or weight, reduce its quality or strength, or make it appear bigger or of greater value than it is (for example, scallops to which water has been added to make them heavier).

Microbiological Contamination and Adulteration

The fact that a food is contaminated with pathogens (harmful microorganisms such as bacteria, viruses, or protozoa) may, or may not, render it adulterated. Generally, for ready-to-eat foods, the presence of pathogens will render the food adulterated. For example, the presence of Salmonella on fresh fruits or vegetables or in ready-to-eat meat or poultry products (such as luncheon meats) will render those products adulterated.

For meat and poultry products, which are regulated by USDA, the rules are more complicated. Ready-to-eat meat and poultry products contaminated with pathogens, such as Salmonella orListeria monocytogenes, are adulterated. (Note that hotdogs are considered ready-to-eat products.) For raw meat or poultry products, the presence of pathogens will not always render a product adulterated (because raw meat and poultry products are intended to be cooked, and proper cooking should kill pathogens). Raw poultry contaminated with Salmonella is not adulterated. However, USDA's Food Safety and Inspection Service (FSIS) has ruled that raw meat or poultry products contaminated with E. coli O157:H7 are adulterated. This is because normal cooking methods may not reduce E. coli O157:H7 below infectious levels. E. coliO157:H7 is the only pathogen that is considered an adulterant when present in raw meat or poultry products.

Enforcement Actions against Adulterated Food

If a food is adulterated, FDA and FSIS have a broad array of enforcement tools. These includeseizing and condemning the product, detaining imported product, enjoining persons from manufacturing or distributing the product, or requesting a recall of the product. Enforcement action is usually preceded by a Warning Letter from FDA to the manufacturer or distributor of the adulterated product. In the case of an adulterated meat or poultry product, FSIS has certain additional powers. FSIS may suspend or withdraw federal inspection of an official establishment. Without federal inspection, an establishment may not produce or process meat or poultry products, and therefore must cease operations. With the exception of infant formula, neither FDA nor FSIS has the authority to require a company to recall an adulterated food product. However, the ability to generate negative publicity gives them considerable powers of persuasion.

State regulators generally have similar enforcement tools at their disposal to prevent the manufacture and distribution of adulterated food. In addition, many states have the authority to immediately embargo adulterated food and to impose civil fines. Federal agencies often will coordinate with state or local authorities to remove unsafe food from the market as quickly as possible.

         Contaminated foods and drinks are common sources of infection. Among the more common infections that one can get from contaminated foods and drinks are typhoid fever Escherichia coli infections, shigellosis or bacillary dysentery, giardiasis, cryptosporidiosis, other salmonelloses, cholera, rotavirus infections, also a variety of worm infestations. Many of the infectious diseases transmitted in food and water can also be acquired directly through the faecal-oral route. 

Food adulteration 

Food adulteration is the act of intentionally debasing the quality of food offered for sale either by the admixture or substitution of inferior substances or by the removal of some valuable ingredient. Food is declared adulterated if:

• a substance is added which depreciates or injuriously affects it
• cheaper or inferior substances are substituted wholly or in part
• any valuable or necessary constituent has been wholly or in part abstracted
• it is an imitation
• it is coloured or otherwise treated, to improve its appearance or if it contains any added substance injurious to health

Food-preservatives have a very extensive use, which often constitutes adulteration. Salt is the classic preservative, but is seldom classified as an adulterant. Salicylic, benzoic, and boric acids, and their sodium salts, formaldehyde, ammonium fluoride, sulphurous acid and its salts are among the principal preservatives. Many of these appear to be innocuous, but there is danger that the continued use of food preserved by these agents may be injurious. Some preservatives have been conclusively shown to be injurious when used for long periods. 

Coal-tar colours are employed a great deal, pickles and canned vegetables are sometimes coloured green with copper salts; butter is made more yellow by anatta; turmeric is used in mustard and some cereal preparations. Apples are the basis for many jellies, which are coloured so as to simulate finer ones. In confectionery, dangerous colours, such as chrome yellow, prussian blue, copper and arsenic compounds are employed. Yellow and orange-coloured sweets are to be suspected. Artificial flavouring compounds are employed in the concoction of fruit syrups, especially those used for soda water. Milk is adulterated with water, and indirectly by removing the cream. The addition of water may introduce disease germs. Cream is adulterated with gelatin, and formaldehyde is employed as a preservative for it. Butter is adulterated to an enormous extent with oleomargarine, a product of beef fat. Brick dust in chilli powder, coloured chalk powder in turmeric, injectable dyes in watermelon, peas, capsicum, brinjal, papaya seeds in black pepper etc. 

To avoid illness, one is advised to select foods with care. All raw foods must be checked for contamination particularly in areas where hygiene and sanitation are inadequate. One is advised to avoid salads, uncooked vegetables, and unpasteurised milk and milk products such as cheese, and to eat only food that has been cooked and is still hot. Undercooked and raw meat, fish, and shellfish can carry various intestinal pathogens. Cooked food that has been allowed to stand for several hours at ambient temperature can provide a fertile medium for bacterial growth and should be thoroughly reheated before serving. Consumption of food and beverages obtained from street food vendors has been associated with an increased risk of illness. 

Water 

Water that has been adequately chlorinated, by using the minimum recommended water treatment standard provide protection against viral and bacterial waterborne diseases. However, chlorine treatment alone, as used in the routine disinfection of water, might not kill some enteric viruses and the parasitic organisms that cause giardiasis, amoebiasis, and cryptosporidiosis. In areas where chlorinated tap water is not available or where hygiene and sanitation are poor, one is advised that only the following might be safe to drink:

• Beverages, such as tea and coffee, made with boiled water
• Beer and wine
• The safety of canned or bottled carbonated beverages, including carbonated bottled water and soft drinks is questionable nowadays.

Where water might be contaminated, one is advised that ice should also be considered contaminated and should not be used in beverages. If ice has been in contact with containers used for drinking, one should thoroughly clean the containers, preferably with soap and hot water, after the ice has been discarded. 

It is safer to drink a beverage directly from the can or bottle than from a questionable container. However, water on the outside of beverage cans or bottles might also be contaminated. Therefore, one should be advised to dry wet cans or bottles before they are opened and to wipe clean surfaces with which the mouth will have direct contact. Where water might be contaminated, one is advised to avoid brushing their teeth with tap water. The following methods may be used for treating water to make it safe for drinking and other purposes.

• Boiling
• Chemical disinfection (for eg. chlorine tablets)
• Water filters

Proper selection, operation, care, and maintenance of water filters are essential to producing safe water. If no source of safe drinking water is available or can be obtained, tap water that is uncomfortably hot to touch might be safer than cold tap water; however, proper disinfection, filtering, or boiling is still advised.

PREVENTION OF FOOD ADULTERATION, ACT 1954

A.     OBJECTIVE:

1.      To protect the public from poisonous and harmful foods

2.      To prevent the sale of substandard foods

3.      To protect the interests of the consumers by eliminating fraudulent practices

Meaning of Adulterant:  Any material which is or could be employed for the purposes of adulteration

Definition of Food: any article used as food or drink for human consumption other than drugs and water and includes

a.       Any article which ordinarily enters into or is used in the composition or preparation of human food

b.      Any flavouring matter or condiments and

c.       Any other article which the Central Government may having regard to its use, nature, substance or quality, declare, by notification in the official gazette as food for the purpose of this Act.

B Concept of Adulteration:-

 An article of food shall be deemed to be adulterated:

1. If the article sold by vendor is not of the nature, substance or quality demanded by the purchaser
2. If the article contains any other substance  which affects the substance or quality thereof.
   If any inferior or cheaper substance has been substituted wholly or in part for the article so as to affect the nature, substance or quality of the product
3. If any constituent of the article has been wholly or in part extracted to affect the quality thereof
4. If the article has been prepared, packed or kept under unsanitary conditions where by it has become contaminated or injurious to health
5. If the article consists wholly or in part of any filthy, putrefied, rotten decomposed or diseased animal or vegetable substance or is insect-infested or is otherwise unfit for human consumption
6. If the article is obtained from a diseased animal
7. If the article contains any poisonous or other ingredient which renders it injurious to health
8. If the container of the article is composed, whether, wholly or in part of any poisonous or deleterious substance which renders sits contents injurious to health
9. If any colouring matter other than that prescribed in respect thereof is present in the article or if the amounts of the prescribed colouring matter which is present in the article are not within the prescribed limits
10. If the article contains any prohibited preservative or permitted preservative in excess of the prescribed limits
11. If the quality or purity of the Article falls below the prescribed limits of variability which renders it injurious to health

13. If the quality or purity of the article falls below the prescribed standard or its constituents are present in quantities not within the prescribed limits of variability which renders it injurious to health

C.  SALE OF CERTAIN ADMIXTURES PROHIBITED

      Sale by himself or by his servant or agent is prohibited in case of :-

1. cream which has not been prepared exclusively from milk or which contains less than 25% of milk fat
2. milk which containts added water
3. ghee which contains any added matter not exclusively derived from milk fat
4. selling skimmed milk as whole milk
5. mixture of two or more edible oils as an edible oil
6. vanaspati to which ghee or any other substance has been added
7. any article of food which contains any artificial sweetener beyond the prescribed limit
8. turmeric containing any foreign substance
9. mixture of coffee and other substance except chicory
10. dahi or curd not made out of milk
11. milk or milk products containing constituents other than of milk

D.  PROCEDURE FOR SAMPLING AND ANALYSIS     

Any food Inspector can enter and inspect any place where any article of food is manufactured or stored for sale or stored for the manufacture of any other article of food for sale or exposed or exhibited for sale or where any adulterant is manufactured or kept and take samples of such article of food or adulterant for analysis.

1. notice will be issued by the Inspector in writing then and there to the seller indicating his intention
2. three samples are taken and the signature of the seller is affixed to them
3. one sample is sent for analysis to Public Analyst under intimation to the Local Health Authority
4. The other two samples are sent to the local health authority for further reference

E . PENALTIES

Guilt will be punished with imprisonment for a term which shall not be less than six months and upto 3 years and with fine upto one thousand rupees

F . IMPORTANT MISCELLANEOUS PROVISIONS

1. If any extraneous additions of colouring matter is added, the same should be indicated on the labels
2. From the labels the blending composition of ingredients should be clear to the customer
3. Sale of kesari gram individually or as an admixture is prohibited
4. Prohibition of use of carbide (acetylene) gas in ripening is prohibited
5. Sale  of ghee with Reichert value less than the permitted level

6. Sale of admixture of ghee or butter is prohibited
7. Addition of artificial sweetener should be mentioned on the label
8. Sale of food colours without license prohibited
9. Sale of insect damaged dry fruits and nuts prohibited
10. Food prepared in rusted containers, chipped enamel containers and untinned copper/brass utensils are treated as unfit for human consumption
11. Containers not made of plastic material which  is not according to the standards are not to be used
12. Selling salseed fat or any other purpose except for bakery and confectionery is prohibited
13. Store of insecticides in the same premises where food articles are stored is prohibited
14. Milk powder or condensed milk can be sold only with ISI mark
15. Use of more than one type of preservative is prohibited
16. Crop contaminants beyond certain specified level is treated as adulterant
17. Naturally occurring toxic substances in the food material beyond certain level is considered as unfit for human consumption
18. No anti-oxidant, emulsifiers and stabilising agent is permitted beyond the prescribed level
19. No insecticides should be sprayed on the food items
20. Oils can be manufactured only in factories licensed for such purpose.