Section 49 in The Prevention of Food Adulteration Rules, 1955
49. Conditions for sale.
(1)Every utensil or container used for manufacturing, preparing or containing any food or ingredient of food intended for sale shall be kept at all times in good order and repair and in a clean and sanitary condition. No such utensil or container shall be used for any other purpose.(2)No person shall use for manufacturing, preparing or storing any food or ingredient of food intended for sale, any utensil or container which is imperfectly enamelled or imperfectly tinned or which is made of such materials or is in such a state as to be likely to injure such food or render it noxious.(3)Every utensil or container containing any food or ingredient of food intended for sale shall at all times be either provided with a tight-fitting cover or kept closed or covered by a properly fitting lid or by a close fitting cover or gauze net or other material of a texture sufficiently fine to protect the food completely from dust, dirt and flies and other insects.(4)No utensil or container used for the manufacture or preparation of or containing any food or ingredient of food intended for sale shall be kept in any place in which such utensil or container is likely by reason of impure air or dust or any offensive, noxious or deleterious gas or substance or any noxious or injurious emanations, exhalation, or effluvium, to be contaminated and thereby render the food noxious.(5)[ A utensil or container made of the following materials or metals, when used in the preparation, packaging and storing of food] [Substituted by G.S.R. 694(E), dated 11th October, 1999 (w.e.f. 10-4-2000).] shall be deemed to render it unfit for human consumption:-(i)containers which are rusty;(ii)enamelled containers which have become chipped and rusty;(iii)copper or brass containers which are not properly tinned; [***] [Omitted by G.S.R. 507(E), dated 19th March, 1986 (w.e.f. 19-3-1987).](iv)[ containers made of aluminium not conforming in chemical composition to IS: 20 [*] [Substituted by G.S.R. 425, dated 4th April, 1960.] specification for Cast Aluminium and Aluminium Alloy for utensils or IS: 21 [*] [Omitted by G.S.R. 382(E), dated 10th July, 1997 (w.e.f. 10-7-1997).] specification for Wrought Aluminium and Aluminium Alloy for utensils;] [and] [Inserted by G.S.R 507(E), dated 19th March, 1986 (w.e.f. 19-3-1987).](v)[ Containers made of plastic materials not conforming to the following Indian Standards specification, used as appliances or receptacles for packing or storing, whether partly or wholly, food articles, namely:- [Inserted by G.S.R 507(E), dated 19th March, 1986 (w.e.f. 19-3-1987).](a)IS: 10146 [***] (Specification for Polyethylene in contact with foodstuffs);(b)IS: 10142 [***] [Omitted by G.S.R. 382(E), dated 10th July, 1997 (w.e.f. 10-7-1997).] (Specification for Styrene Polymers in contact with foodstuffs);(c)IS: 10151 [***] [Omitted by G.S.R. 382(E), dated 10th July, 1997 (w.e.f. 10-7-1997).] (Specification for Polyvinyl Chloride (PVC), in contact with foodstuffs);(d)IS: 10910 [***] [Omitted by G.S.R. 382(E), dated 10th July, 1997 (w.e.f. 10-7-1997).] (Specification for Polypropylene in contact with foodstuffs);(e)[ IS: 11434 [***] [Inserted by G.S.R. 840(E), dated 6th October, 1987 (w.e.f. 6-4-1988).] (Specification for lonomer Resins in contact with food-stuffs);](f)[ IS 11704 [***] [Inserted by G.S.R. 105(E), dated 22nd February, 1994 (w.e.f. 22-4-1994) and corrected by G.S.R. 611(E), dated 9th August, 1994.] [Specification for Ethylene Acrylic Acid (EAA) copolymer].(g)IS 12252 [***] [Omitted by G.S.R. 382(E), dated 10th July, 1997 (w.e.f. 10-7-1997).] [Specification for Poly alkylene telrephathalates (PET)].(h)IS 12247 [***] [Omitted by G.S.R. 382(E), dated 10th July, 1997 (w.e.f. 10-7-1997).] [Specification for Nylon 6 Polymer].(i)[ S 13601-Ethylene Vinly Acetate (EVA) [Inserted by G.S.R. 382(E), dated 10th July, 1997 (w.e.f. 10-7-1997).](j)IS 13576-Ethylene Metha Acrylic Acid (EMMAA).](vi)[ Tin and plastic containers once used shall not be re-used for packaging of edible oils and fats:] [Substituted by G.S.R. 694(E), dated 11th October, 1999 (w.e.f. 11-4-2000).][Provided that utensils or containers made of copper though not properly tinned may be used for the preparation of sugar confectionery or essential oils and mere use of such utensils or containers shall not be deemed to render sugar, confectionery or essential oils unfit for human consumption.] [Substituted by G.S.R. 1211, dated 9th December, 1958.](6)[ No person shall sell compounded asafoetida exceeding one kilogram in weight except in a sealed container with a label.] [Inserted by G.S.R. 382, dated 9th March, 1966.](7)[ No person shall sell Hingra without a label on its container upon which is printed a declaration in the form specified in rule 42.] [Inserted by G.S.R. 1256, dated 17th August, 1967.][***] [Sub-rule (8) omitted by G.S.R. 400(E), dated 23rd June, 2006 (w.e.f. 5-7-2006).](9)[ No person shall sell salseed fat for any other purpose except for bakery and confectionery and it shall be refined and shall bear the label declaration as laid down in rule 42 (T).] [Inserted by G.S.R. 19(E), dated 28th January, 1980.](10)[ [ [[Table iodized salt or table iron fortified common salt] [Substituted by G.S.R. 11(E), dated 4th January, 1985.] ] containing anticaking agent shall be sold only in a package which shall bear the label as specified in sub-rule (V) of rule 42.(10A)Iron fortified common salt shall be sold only in high density polyethylene bag (HDPE) (14 mesh, density 100 kg/m3, unlaminated) package which shall bear the table as specified in sub-rule (VV) of rule 42.] ][***] [Sub-rule (11) omitted by G.S.R. 400(E), dated 23rd June, 2006 (w.e.f. 5-7-2006).](12)The katha prepared by Bhatti method shall be conspicuously marked as "Bhatti Katha".(13)[ All edible oils, except coconut oil, imported in crude, raw or unrefined form shall be subjected to the process of refining before sale for human consumption. Such oils shall bear a label declaration as laid down in rule 42 (W).] [Inserted by G.S.R. 44(E), dated 5th February, 1982 (w.e.f. 5-8-1982).](14)[ Dried Glucose Syrup containing sulphur-dioxide exceeding 40 ppm, shall be sold only in a package which shall bear the label as specified in sub-rule (X) of rule 42.] [Inserted by G.S.R. 57(E), dated 11th February, 1982 and corrected by G.S.R. 307(E), dated 3rd April, 1982 (w.e.f. 11-8-1982).](15)[ No person shall store, expose for sale or permit the sale, of any insecticide in the same premises where articles of food are stored, manufactured or exposed for sale:Provided that nothing in this sub-rule shall apply to the approved household insecticides which have been registered as such under the Insecticides Act, 1968 (46 of 1968).Explanation. - For the purpose of this sub-rule, the word 'insecticide' has the same meaning as assigned to it in the Insecticides Act, 1968 (46 of 1968).] [Inserted by G.S.R.790(E), dated 10th October, 1983 (w.e.f. 10-10-1983).](16)[ [Condensed milk sweetened, condensed skimmed milk sweetened, milk powder, skimmed milk powder [partly skimmed milk powder and partly skimmed sweetened condensed milk] [Inserted by G.S.R. 550(E), dated 4th July, 1985 (w.e.f. 4-7-1985).] ] shall not be sold except under Indian Standard Institution Certification Mark.][***] [Sub-rule (17) omitted by G.S.R. 400(E), dated 23rd June, 2006 (w.e.f. 5-7-2006).](18)No person shall sell confectionery weighing more than 500 gms. except in packed condition and confectionery sold in pieces shall be kept in glass or other suitable containers.Explanation. - For the purposes of sub-rules (17) and (18) "confectionery" shall mean sugar boiled confectionery, lozenges and chewing gum and bubble gum.(19)[ No person shall manufacture, sell, store or exhibit for sale an infant milk food, infant formula and milk cereal based weaning food, processed cereal based weaning food and follow up formula except under Bureau of Indian Standards Certification Mark.] [[Substituted by G.S.R. 430(E), dated 19th June, 2009, for sub-rule (19) (w.e.f. 19-6-2009). Sub-rule (19), before substitution, stood as under:'(19) No person shall manufacture, sell, store or exhibit for sale an infant milk food, infant formula and milk cereal based weaning food and processed cereal based weaning food except under Bureau of Indian Standards Certification Mark.']](20)[ No person shall sell protein rich atta and protein rich maida except in packed condition mentioning the names of ingredients on the lable.] [Inserted by G.S.R. 731(E), dated 10th December, 1991 (w.e.f. 10-12-1991) and corrected by G.S.R. 524(E), dated 15th May, 1992.](21)[ The blended edible vegetable oil shall not be sold in loose form. [It shall be sold in sealed package weighing not more than 15 litres. The container having blended edible vegetable oil shall be tamper proof.] [Inserted by G.S.R. 91(E), dated 7th February, 1992 (w.e.f. 7-2-1992) as corrected by G.S.R. 314(E), dated 3rd March, 1992; G.S.R. 592(E), dated 15th June, 1992 and G.S.R. 429(E), dated 25th May, 1993.] It shall also not be sold under the common or generic name of the oil used in the blend but shall be sold as 'Blended Edible Vegetable Oil'. The sealed package shall be sold or offered for sale only under AGMARK certification mark bearing the label declarations as provided under rule 42 and rule 44 besides other labelling requirements under these rules.](22)[ Coloured and flavoured [table margarine] [Inserted by G.S.R. 907(E), dated 4th December, 1992 (w.e.f. 4-12-1992) and corrected by G.S.R. 429(E), dated 25th May, 1993.] shall only be sold in a sealed package weighing not more than 500 gms. with a label declaring addition of colour and flavour as required under these rules.](23)[ The fat spread shall not be sold in loose form. It shall be sold in sealed packages weighing not more than 500 gms. The word 'butter' shall not be associated while labelling. the product. The sealed package shall be sold or offered for sale only under AGMARK certification mark bearing the label declaration as provided under rule 42 besides other labelling requirements under these rules.] [Inserted by G.S.R. 481, dated 16th September, 1993 (w.e.f. 2-10-1993).][[(24) No person shall sell powdered spices and condiments except under packed conditions.Explanation. - For the purpose of this sub-rule 'spices and condiments' means the spices and condiments specified in Appendix B of the Prevention of Food Adulteration Rules, 1955.] [Inserted by G.S.R. 105(E), dated, 22nd February, 1994 (w.e.f. 22-2-1994) as sub-rules (23) and (24) and corrected by G.S.R. 611(E), dated 9th August, 1994.](25)No person shall sell or serve food in any 'commercial establishment' in plastic articles used in catering and cutlery, unless the plastic material used in catering and cutlery articles, conform to the food grade plastic, specified in rule 49(5)(v).Explanation. - For the purpose of this sub-rule "commercial establishment" means any establishment, called by whatever name, being run/managed by any person or by any authority of the Government/Semi-Government or by any corporate/registered body which deals in the business of selling or serving food.](26)[ Conditions for sale of irradiated food. - All irradiated food shall be sold in prepacked conditions only. The type of packaging material used for irradiated food for sale or for stock for sale or for exhibition for sale or for storage for sale shall conform to the requirement of packaging material as per Rule 49.] [Inserted by G.S.R. 614 (E), dated 9th August, 1994 (w.e.f. 9-8-1994).](27)[ Every package of cheese (hard), surface treated with Natamycin, shall bear the label as specified under clause (8) of sub-rule (ZZZ) of rule 42.] [Inserted by G.S.R. 223 (E), dated 20th May, 1996 (w.e.f. 20-11-1996).](28)[ No person shall manufacture, sell or exhibit for sale packaged drinking water except under the Bureau of Indian Standards Certification Mark.] [Inserted by G.S.R. 760 (E), dated 29th September, 2000 (w.e.f. 29-3-2001).](29)[ No person shall manufacture, sell or exhibit for sale mineral water except under the Bureau of Indian Standards Certification Mark.Explanation. - For the purpose of this rule, the expression "mineral water" shall have the same meaning as assigned to it in item A. 32 of Appendix B to these Rules.] [Inserted by G.S.R. 759 (E), dated 29th September, 2000 (w.e.f. 29-3-2001).](30)[ Tin Plate used for the manufacture of tin containers for packaging edible oils and fats shall conform to, the standards of prime grade quality contained in B.I.S. Standards No. 1993 or 13955 or 9025 or 13954 as amended from time to time or in respect of Tin containers for packaging edible oils and fats shall conform to IS No. 10325 or 10339 as amended from time to time.] [Inserted by G.S.R. 876 (E), dated 20th November, 2000 (w.e.f. 20-5-2001).](31)[ No person shall sell any food product wherein artificial sweetener is permitted under these rules, except under packed condition and as per the labelling requirements prescribed under rule 42.] [Inserted by G.S.R. 679(E), dated 31st October, 2006 (w.e.f. 1-1-2007).]
