How to file a complaint against adulterated food products?

Adulteration of food products is a serious issue that compromises public health and violates consumer rights. In India, the Food Safety and Standards Authority of India (FSSAI) is responsible for regulating and ensuring food safety, but many consumers may still be unaware of how to take action if they come across adulterated food. This article provides a step-by-step guide on how to file complaints against adulterated food products and what legal avenues consumers have to seek justice.

Legal Framework for Food Adulteration:

Food Safety and Standards Act, 2006

The Food Safety and Standards Act (FSSA), 2006 is the primary law that governs food safety in India. This Act lays down the guidelines for the manufacture, distribution, and sale of food products. Any food product found to be adulterated or unsafe for consumption is subject to penalties, including fines and imprisonment.

Food Safety and Standards Authority of India (FSSAI)

The FSSAI is the central regulatory authority responsible for monitoring food safety in India. The FSSAI sets standards for food quality, and it is the body through which consumers can report food adulteration.

Consumer Protection Act, 2019

Under the Consumer Protection Act, 2019, consumers are provided legal protection against unsafe, adulterated, or misbranded products. If a consumer buys an adulterated food item, they have the right to file a complaint against the seller, manufacturer, or distributor under the Act.

How to File a Complaint Against Adulterated Food Products:

Step 1: Identify Adulterated Food

Before filing a complaint, it is essential to confirm that the food is indeed adulterated. Some common signs of adulteration include:

• Change in color, texture, or taste of food.
• Presence of foreign particles or impurities.
• Label or packaging that is misleading or lacks necessary information.

Consumers can either carry out home tests or approach food testing laboratories approved by the FSSAI for confirmation.

Step 2: Collect Evidence

For a complaint to be effective, the consumer should gather the following evidence:

• Photographs of the food item and packaging.
• Receipts or proof of purchase.
• Batch number or manufacturing details on the product packaging (if available).
• Witness statements (if applicable).

If possible, retain the adulterated food product and avoid consuming it further.

Step 3: File a Complaint with FSSAI

Consumers can file a complaint with the FSSAI either online or offline:

• Online Complaint: Go to the official FSSAI website (www.fssai.gov.in) and fill out the Food Safety Complaint Form under the Consumer Affairs section. You will need to provide your personal details, the product details, and attach evidence such as photographs or receipts.
• Offline Complaint: Complaints can also be filed in person or by mail at the local Food Safety Officer or State Food Safety Authority. To find the contact details, visit the FSSAI State Portal or call their helpline number: 1800-112-100.

Step 4: Approach Local Consumer Forum

If the FSSAI is not responsive or the matter remains unresolved, you can approach the Consumer Disputes Redressal Commission (District, State, or National level) under the Consumer Protection Act, 2019. Here, you can file a formal complaint against the manufacturer, seller, or distributor for selling adulterated food.

Procedure:

You can file a complaint in a District Consumer Forum (if the value of goods is less than ₹20 Lakhs) or the State/National Consumer Commission (if the value exceeds ₹20 Lakhs). The process includes submitting a written complaint along with supporting documents, a copy of the product, and a demand for either compensation, refund, or other legal remedy.

Timeframe:

Consumer forums are typically expected to resolve complaints within 3 to 6 months.

Step 5: File a Police Complaint (Optional)

If the food adulteration has caused harm to your health, you can also lodge a complaint with the police. Adulteration is a criminal offense under the Indian Penal Code (IPC) and can attract penalties or imprisonment for those found guilty. The police will investigate the issue, and if it’s a serious case, it may be escalated to the Food Safety Commissioner or the Food Safety and Standards Authority.

Step 6: Seek Compensation for Damages

If the adulterated food product caused harm to your health, you can seek compensation through the Consumer Forum or directly through legal action. Under the Consumer Protection Act, you have the right to claim compensation for any financial loss, physical harm, or mental distress caused by the consumption of adulterated food.

Example:

Scenario:

A consumer purchases a pack of milk powder from a well-known grocery store. Upon usage, they notice the milk powder has an unusual color and taste, indicating potential adulteration. The consumer also develops digestive issues after consumption.

Steps the Consumer Should Take:

• Retain the Product: Keep the milk powder and packaging intact for evidence.
• Report to FSSAI: File an online complaint with FSSAI, uploading photographs and the batch number.
• Approach Local Consumer Forum: If no action is taken by FSSAI, approach the District Consumer Forum for redressal.
• File Police Complaint: If health complications arise due to the adulteration, lodge a police complaint.
• Seek Compensation: Claim compensation for medical expenses through the Consumer Forum.

Conclusion:

Filing a complaint against adulterated food in India is a vital process for ensuring consumer safety and upholding food quality standards. Through platforms like FSSAI and the Consumer Protection Act, consumers are provided a clear path to report unsafe food products and seek compensation. It's important for consumers to stay vigilant, gather proper evidence, and take advantage of legal provisions to protect their health and rights.