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Union of India - Section

Section 40 in The Prevention of Food Adulteration Rules, 1955

40. Unauthorised use of words showing imitation prohibited.

- [(1)] [Rule 40 renumbered as sub-rule (1) by S.R.O. 2755, dated 24th November, 1956] There shall not be written in the statement or label attached to any package containing any article of food the word "imitation" or any word, or words implying that the article is a substitute for any food, unless the use of the said word or words is specifically permitted under these rules.
(2)
(i)Any fruit syrup, fruit juice, fruit squash, fruit beverages, cordial, crush or any other fruit products standardised under Appendix B of these rules, which does not contain the specified amount of fruit juice or fruit pulp or fruit content shall not be described as fruit syrup, fruit juice, fruit squash, fruit beverages, cordial, crush or any other fruit product, as the case may be;
(ii)any food product which does not contain the specified amount of fruit and is likely to deceive or mislead or give a false impression to the consumer that the product contains fruit, whether by use of words or pictorial representation, shall be clearly and conspicuously marked on the label as "(NAME OF THE FRUIT) FLAVOURED";
(iii)any food product, which contains only fruit flavours, whether natural flavours and natural flavouring substances or nature identical flavouring substances or artificial flavouring substances as single or in combination thereof, shall not be described as a fruit product and the word "ADDED (NAME OF FRUIT) FLAVOUR" shall be used in describing such a product;
(iv)carbonated water containing no fruit juice or fruit pulp shall not have a label which may lead the consumer into believing that it is a fruit product.
Substituted by G.S.R. 664(E), dated 19th September, 2008, for sub-rule (2) (w.e.f. 19-3-2009). Earlier sub-rule (2) was substituted by G.S.R. 491(E), dated 21st August, 2006 and read with G.S.R. 518(E), dated 31st July, 2007, G.S.R. 70(E), dated 5th February, 2008, G.S.R. 383(E), dated 16th May, 2008, G.S.R. 730(E), dated 13th October, 2008 (w.e.f. 18-3-2009). Sub-rule (2), before substitution by G.S.R. 664(E), stood as under:"(2)(i) Any fruit syrup, fruit juice, fruit squash, fruit beverages, cordial, crush or any other fruit products standarized under Appendix B of these rules, which does not contain the prescribed amount of fruit juice/fruit pulp/fruit content shall not be described as fruit syrup, fruit juice, fruit squash, fruit beverages, cordial, crush or any other fruit product as the case may be and such products, shall be described as non-fruit products.(ii) Every non-fruit product shall be mentioned in clear, conspicuous and easily readable manner, marked on the label as 'NON-FRUIT PRODUCT' and the container containing such product shall not have pictures of fruits or word fruit whether attached thereto or printed on the wrapper of such container or otherwise, which may lead the consumer into believing that it is a fruit product.(iii) Any food product which contains only fruit flavours whether natural flavours and natural flavouring substances or nature identical flavouring substances or artificial flavouring substances as single or in combination, shall not be described as a fruit product and the word 'FRUIT' shall not be used in describing such a product and such product shall not be sold with a label which carries the picture or word of any fruit. However, the product may contain a declaration as "contains (name of the fruit) flavour."(iv) Any food product in which fruit has not been used as ingredient, the word 'FRUIT' shall not be used in describing such a product and such product shall not be sold with a label which carries the picture or word of any fruit.(v) Carbonated water containing no fruit juice or fruit pulp shall not have a label which may lead the consumer into believing that it is a fruit product."
(3)[ Any fruit and vegetable product alleged to be fortified with vitamin C shall contain not less than 40 mgm of ascorbic acid per 100 gm of the product.] [Inserted by G.S.R. 992, dated 4th June, 1971]