Forwarding Note (Ext9) of the Food Inspector, the article of food was condemned as both adulterated and misbranded, and, therefore, according to the ratio ... sale or selling adulterated or misbranded food, it must be shown that the food was already adulterated or misbranded before he "parted with
wherein it is alleged that the
accused persons had sold misbranded food in violation of Section 2(ix)(k)
of PFA Act read with Rules ... misbranded within the
meaning of clause (ix) of that section . . .
Section 2 . Definitions-
(ix) 'misbranded'- an article of food shall be deemed
behalf manufacture for sale, or store, sell or distribute any misbranded food. It is further submitted that the sample was not containing the green mark ... article of food was purchased.- Every vendor of an article of food shall, if so required, disclose to the food inspector the name, address
effect that the food article
is misbranded. It is reported that the food article is of 'Vanaspati'
and not of 'cream ... misbranded food;
(iii) ............
Explanation: - For the purpose of this section, a
person shall be deemed to store any adulterated
food or misbranded food
behalf manufacture for sale, or store, sell or distribute any misbranded food. It is further submitted that the sample was not containing the green mark ... behalf manufacture for sale, or store, sell or distribute-
(ii) any misbranded food."
Violation of this provision is punishable under section
effect that the food article
is misbranded. It is reported that the food article is of 'Vanaspati'
and not of 'cream ... misbranded food;
(iii) ............
Explanation: - For the purpose of this section, a
person shall be deemed to store any adulterated
food or misbranded food
effect that the food article
is misbranded. It is reported that the food article is of 'Vanaspati'
and not of 'cream ... misbranded food;
(iii) ............
Explanation: - For the purpose of this section, a
person shall be deemed to store any adulterated
food or misbranded food
FSSA have definition "substandard food", "food
containing extraneous matter", "unsafe food" and "misbranded
food". Due to this ... with
these facts.
14 Now in the FSSA, such misbranding is termed as
"misbranded food" in terms
penalty which may extend to five lakh rupees;
52. Penalty for misbranded food - (1) Any person who whether by himself or by any other person ... advanced by the petitioner's Counsel that for adulteration of food or misbranding, after coming into force of the provisions of FSSA vide notification
penalty which may extend to five lakh rupees;
52. Penalty for misbranded food - (1) Any person who whether by himself or by any other person ... sells or distributes or imports any article of food for human consumption which is misbranded, shall be liable to a penalty which may extend
