Consumer Voice :: Helpline

Food Safety

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Food Safety

Help Line for any Food Safety related complaints

Alternate Action # 2
4.	Consumer Voice provides Counseling and assistance to its subscribers (details of the Counseling service are available). If you are a subscriber of Consumer Voice please post copy of the complaint and reminder along with your subscriber no.
5.	Consumer Voice will examine the matter and based on its experience take up the case with the manufacturer and/or retailer. In such matters the least one can expect is that the manufacturer will replace the food articles and apologize. In some cases he may also give an explanation on how and why it happened and what precautions he is going to take to prevent such an occurrence in future.

Action Alternative # 3:

Indian law theoretically allows a consumer to lodge a complaint against a manufacturer or retailer. Our experience shows that the law does not work and it may take years to take legal action against a manufacturer or retailer. However, such a course is advisable only when there is a clear case of adulteration that may cause injury to someones health or in case of persistence in anti-consumer behaviour. Cosnumer Voice does not recommend this course as it is difficult, expensive, time consuming and may not be successful due to complexities of evidence and criminal procedure in courts. In case such a situation exists the following extreme action is possible:

1.	Purchase 4 samples of the food item, you feel is unsafe and a health hazard.
2.	Seal it in front of the seller (give detailed packing instructions under PFA rules esp. requirement of paper slips)
3.	Get it signed by the retailer/ seller/ manufacturer. In case he doesnt sign just bring it.(give detailed instructions in case of refusal to sign)
4.	Send it to the public analyst with the prescribed fees for analysis.
5.	Deposit appropriate fees for analysis (procure and provide a schedule of fees for such analysis.)
6.	Receive a report of his analysis.
7.	You can do the above action (4 & 5) by yourself or with the help of any recognized Consumer organization in your city (like us, VOICE).
8.	Remember, Provisions of Section (11) of Prevention of Food Adulteration( PFA) 1954., and its subsections, (1), (2) and (3) and section 12 entitles the purchaser to take above action.
9.	If the article of the food is found to be adulterated by the public analyst, your fees/ or the consumer organizations fees would be refunded under this section
10.	Under subsection (1) of section 13, if the article of the food is found to be adulterated, the local health authority can prosecute the person under section 14A from whom the sample of the article of food was taken and the person, if any whose name, address and other particulars have been disclosed. In such a case either or both of them may make an application to the court within a period of ten days from the date of receipt of the of the copy of the report to get the sample of the article of food kept by the local (Health) authority analyzed by Central Food Laboratory. ( the consumer is expected to prosecute the case under the criminal procedure code in a criminal court. )
11.	Such a decision in a court may take many years and require the entire procedure of charge sheet, prosecution evidence, defense evidence argument and judgment. If you are lucky you may win the case through courts by imposing punishments or penalties on such serious offenders. Do not forget that since the offence requires a jail sentence the manufacturer and retailer will be engaging the best lawyers they can afford to defend themselves. If they lose, they can prefer appeals to a higher court. It may take years before finality is reached.
Our email: testing@consumer-voice.org , cvoice@vsnl.net
Mail to: Food Safety Officer, Consumer Voice, 441, Jangpura,Mathura Road,, New Delhi-110 014
Ph: 011-24319078-80
Fax: 011-2431908

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