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It would be relevant here to note that the Law Commission of India in its Report No. 264 in respect to The Criminal Law (Amendment) Bill, 2017 (Provisions dealing with Food Adulteration) speaks about the framework on food safety which is enshrined in the Food Safety and Standard Act 2006 ( in short Food Act) where the food adulteration is dealt with under the Act by creating an offence relating to "unsafe food" .

The Food Act in Chapter IX deals with offences and penalties which provides for punishments for contravention of the provisions of the Act. While section 48 describes how an offence may be committed in regard to food adulteration, Section 50 to 67 prescribes punishment in case an offence is committed. In particular, Section 59 prescribed punishment for unsafe food. Section 3(1)(zz) defines "unsafe food" as any article of food whose nature, substance or quality is so affected as to render it injuries to health. It provides for graded system of punishment which reads as under: