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Union of India - Section

Section 44 in The Prevention of Food Adulteration Rules, 1955

44. Sale of certain admixtures prohibited.

- Notwithstanding the provisions of rule 43, no person shall either by himself or by any servant or agent, sell-
(a)cream which has not been [prepared exclusively from] [Substituted by G.S.R. 1340, dated 24th October, 1961.] milk or which contains less than [25] [Substituted by G.S.R. 1533, dated 8th July, 1968 (w.e.f. 24-8-1968).] per cent, of milk fat,
(b)milk which contains any added water,
(c)ghee which contains any added matter not exclusively derived from milk fat,
(d)skimmed milk (fat abstracted) as milk,
(e)a mixture of two or more edible oils as an edible oil,
(f)[ vanaspati to which ghee or any other substance has been added,] [Substituted by G.S.R. 1533, dated 8th July, 1968 (w.e.f. 24-8-1968).]
[***] [Clause (g) omitted by G.S.R. 454(E), dated 15th April, 1988 (w.e.f. 15-4-1988).]
(h)turmeric containing any foreign substance,
(i)[ mixture of coffee and any other substance except chicory,] [Inserted by S.R.O. 2755, dated 24th November, 1956.]
(j)[ dahi or curd not prepared from boiled, pasteurised or sterilised milk,] [Substituted by G.S.R. 503(E), dated 1st September, 1981.]
[***] [Clause (k) omitted by G.S.R. 205, dated 13th February, 1974 (w.e.f. 23-5-1974).]
(l)[ milk or a milk product specified in Appendix B containing a substance not found in milk, except as provided in the rules:] [Inserted by G.S.R. 1533, dated 8th July, 1968 (w.e.f. 24-8-1968).]
[Provided that the Central Government may by notification in the Official Gazette [exempt] [Inserted by G.S.R. 1211, dated 20th December, 1958.] any preparations made of soluble extracts of coffee from the operation of this rule:][Provided further that proprietary food articles relating to clause (i) shall be exempted, from the operation of this rule:] [Substituted by G.S.R. 270(E), dated 2nd March, 1987.][Provided further that in respect of clause (e) [a maximum tolerance of 15.0 red units] [Inserted by G.S.R. 2068, dated 13th August, 1969.] in 1 cm. cell on Lovibond scale is permitted when the oil is tested for Baudouin test without dilution, that is to say, by shaking vigorously for 2 minutes, 5ml. of the sample with 5ml. of hydrochloric acid (specific gravity 1.19. and 0.3 ml. of 2 per cent, alcoholic solution of furfural, and allowing to stand for 5 minutes:][[***] [Inserted by G.S.R. 651(E), dated 22nd October, 1977.] ][[***] [Inserted by G.S.R. 732(E), dated 5th December, 1977 (w.e.f. 5-12-1977).] ][Provided also that in respect of clause (e) maximum tolerance of 10 red unit in 1 cm. cell on Lovibond scale is permitted when the oil is tested for Halphen's test without dilution, that is to say, by shaking 5 ml. of the sample with 5 ml. of sulphur solution [one per cent (w/v) solution of sulphur in carbon-di-sulphide mixed with equal volume of amyl alcohol.], in a closed system test tube (250 x 25 cm.) heating in hot water (70°C-80°C) for a few minutes with occasional shaking until carbon-di-sulphide is boiled off and the sample stops foaming and then placing the tube on saturated brine bath, capable of being regulated at 110°C-115°C for 2.5 hours:] [Inserted by G.S.R. 55(E), dated 31st January, 1979 (w.e.f. 31-1-1979).][[Provided also that prohibition in clause (e) shall remain inoperative in respect of admixture of any two edible vegetable oils as an edible vegetable oil, where-
(a)the proportion by weight of any edible vegetable oil used in the admixture is not less than 20 per cent by weight; and
(b)the admixture of edible vegetable oils, is processed or packed and sold, by the Department of Civil Supplies, Government of India (Directorate of Vanaspati, Vegetable Oils and Fats) or by the agencies in public, private or Joint sector authorised by the Department, or by the National Dairy Development Board or by the State Cooperative Oilseeds Growers Federation or Regional and District Cooperative Oilseeds Growers Union set-up under National Dairy Development Board's Oilseeds and Vegetable Oil Project or by the Public Sector Undertakings of Central and State Governments, in sealed packages weighing [not more than 15 litres] under Agmark Certification mark Compulsorily and bearing the label declaration as laid down in clause (zz) of rule 42; and
(c)the quality of each edible oil used in the admixture conforms to the relevant standard prescribed by these rules:] ]
[Provided also that proprietary food articles, as defined in clause (b) of the Explanation to rule 37A, relating to clause (1) shall be exempted from the operation of this rule.] [Added by G.S.R. 73 (E), dated 29th January, 1986.]