- 1906 (21 U.S.C. 601 et seq.)
- 1938 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.)
- 1957 Poultry Products Inspection Act (21 U.S.C. 451 et seq.)
Products that are adulterated under these laws’ definitions cannot enter into commerce for human consumption. In India, food adulteration is increasing daily.
“Adulteration” is a legal term meaning that a food product fails to meet federal or state standards. Adulteration is an addition of a non food item to increase the quantity of the food item in raw form or prepared form, which may result in the loss of actual quality of food item. Among meat and meat products one of the items used to adulterate are water, dead carcasses, Carcasses of animals other than the animal meant to be consumed.
1938 – Federal Food, Drug, and Cosmetic Act== The Federal Food, Drug, and Cosmetic (FD&C) Act (1938) provides that food is “adulterated” if it meets any one othe following criteria: (1) it bears or contains any “poisonous or deleterious substance” which may render it injurious to health; (2) it bears or contains any added poisonous or added deleterious substance (other than a pesticide residue, food additive, color additive, or new animal drug, which are covered by separate provisions) that is unsafe; (3) its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (4) it bears or contains a pesticide chemical residue that is unsafe. (Note: The United States Environmental Protection Agency (EPA) establishes tolerances for pesticide residues in foods, which are enforced by the FDA.)
Food also meets the definition of adulteration if: (5) it is, or it bears or contains, an unsafe food additive; (6) it is, or it bears or contains, an unsafe new animal drug; (7) it is, or it bears or contains, an unsafe colour additive; (8) it consists, in whole or in part, of “any filthy, putrid, or decomposed substance” or is otherwise unfit for food; or (9) it has been prepared, packed, or held under unsanitary conditions (insect, rodent, or bird infestation) whereby it may have become contaminated with filth or rendered injurious to health.
Further, food is considered adulterated if: (10) it has been irradiated and the irradiation processing was not done in conformity with a regulation permitting irradiation of the food in question (the FDA has approved irradiation of a number of foods, including refrigerated or frozen uncooked meat, fresh or frozen uncooked poultry, and seeds for sprouting [21 C.F.R. Part 179].); (11) it contains a dietary ingredient that presents a significant or unreasonable risk of illness or injury under the conditions of use recommended in labeling (for example, foods or dietary supplements containing aristolochic acids, which have been linked to kidney failure, have been banned.); (12) a valuable constituent has been omitted in whole or in part or replaced with another substance; damage or inferiority has been concealed in any manner; or a substance has been added to increase the product’s bulk or weight, reduce its quality or strength, or make it appear of greater value than it is (this is “economic adulteration”); or (13) it is offered for import into the United States and is a food that has previously been refused admission, unless the person reoffering the food establishes that it is in compliance with U.S. law [21 U.S.C. § 342].
Federal Meat Inspection Act and the Poultry Products Inspection Act
Poisonous or deleterious substances
Generally, if a food contains a poisonous or deleterious substance that may render it injurious to health. It can cause various harms. It is adulterated. For example, apple cider contaminated with E. coli O157:H7 and Brie cheese contaminated with Listeria monocytogenes are adulterated. There are two exceptions to this general rule. First, if the poisonous substance is inherent or naturally occurring and its quantity in the food does not ordinarily render it injurious to health, the food will not be considered adulterated. Thus, a food that contains a natural toxin at very low levels that would not ordinarily be harmful (for instance, small amounts of amygdalin in apricot kernels) is not adulterated.
Second, if the poisonous or deleterious substance is unavoidable and is within an established tolerance, regulatory limit, or action level, the food will not be deemed to be adulterated. Tolerances and regulatory limits are thresholds above which a food will be considered adulterated. They are binding on FDA, the food industry, and the courts. Action levels are limits at or above which FDA may regard food as adulterated. They are not binding on FDA. FDA has established numerous action levels (for example, one part per million methylmercury in fish), which are set forth in its booklet Action Levels for Poisonous or Deleterious Substances in Human Food and Animal Feed.
If a food contains a poisonous substance in excess of a tolerance, regulatory limit, or action level, mixing it with “clean” food to reduce the level of contamination is not allowed. The deliberate mixing of adulterated food with good food renders the finished product adulterated (FDA, Compliance Policy Guide [CPG § 555.200]).
Filth and foreign matter of adulteration
Filth and extraneous material include any objectionable substances in foods, such as foreign matter (for example, glass, metal, plastic, wood, stones, sand, cigarette butts), undesirable parts of the raw plant material (such as stems, pits in pitted olives, pieces of shell in canned oysters), and filth (namely, mold, rot, insect and rodent parts, excreta, decomposition). Under a strict reading of the FD&C Act, any amount of filth in a food would render it a, however, authorize the agency to issue Defect Action Levels (DALs) for natural, unavoidable defects that at low levels do not pose a human health hazard [21 C.F.R. § 110.110]. These DALs are advisory only; they do not have the force of law and do not bind FDA. DALs are set forth in FDA’s Compliance Policy Guides and are compiled in the FDA and Center for Food Safety and Applied Nutrition (CFSAN) Defect Action Level Handbook.
In most cases, DALs are food-specific and defect-specific. For example, the DAL for insect fragments in peanut butter is an average of thirty or more insect fragments per 100 grams (g) [CPG § 570.300]. In the case of hard or sharp foreign objects, the DAL, which is based on the size of the object and the likelihood it will pose a risk of choking or injury, applies to all foods (see CPG § 555.425).
A food is adulterated if it omits a valuable constituent or substitutes another substance, in whole or in part, for a valuable constituent (for instance, olive oil diluted with tea tree oil); conceals damage or inferiority in any manner (such as fresh fruit with food coloring on its surface to conceal defects); or any substance has been added to it or packed with it to increase its bulk or weight, reduce its quality or strength, or make it appear bigger or of greater value than it is (for example, scallops to which water has been added to make them heavier).
Microbiological contamination and adulteration of food
The fact that a food is contaminated with pathogens (harmful microorganisms such as bacteria, viruses, or protozoa) may, or may not, render it adulterated. Generally, for ready-to-eat foods, the presence of pathogens will render the food adulterated. For example, the presence of Salmonella on fresh fruits or vegetables or in ready-to-eat meat or poultry products (such as luncheon meats) will render those products are adulterated.
For meat and poultry products, which are regulated by USDA, the rules are more complicated. Ready-to-eat meat and poultry products contaminated with pathogens, such as Salmonella or Listeria monocytogenes, are adulterated. (Note that hotdogs are considered ready-to-eat products.) For raw meat or poultry products, the presence of pathogens will not always render a product adulterated (because raw meat and poultry products are intended to be cooked, and proper cooking should kill pathogens). Raw poultry contaminated with Salmonella is not adulterated. then also, USDA’s Food Safety and Inspection Service (FSIS) has ruled that raw meat or poultry products contaminated with E. coli O157:H7 are adulterated. This is because normal cooking methods may not reduce E. coli O157:H7 below infectious levels. E. coli O157:H7 is the only pathogen that is considered an adulterant when present in raw meat or poultry products.
If a food is adulterated, FDA and FSIS have a broad array of enforcement tools.They are of various types. These include seizing and condemning the product, detaining imported product, enjoining persons from manufacturing or distributing the product, or requesting a recall of the product. Enforcement action is usually preceded by a Warning Letter from FDA to the manufacturer or distributor of the adulterated product. In the case of an adulterated meat or poultry product, FSIS has certain additional powers. FSIS may suspend or withdraw federal inspection of an official establishment. Without federal inspection, an establishment may not produce or process meat or poultry products, and therefore must cease operations. With the exception of infant formula, neither FDA nor FSIS has the authority to require a company to recall an adulterated food product. However, the ability to generate negative publicity gives them considerable powers of persuasion.
State regulators generally have similar enforcement tools at their disposal to prevent the manufacture and distribution of adulterated food. In addition, many states have the authority to immediately embargo adulterated food and to impose civil fines. Federal agencies often will coordinate with state or local authorities to remove unsafe food from the market as quickly as possible.
|Arhar Pulse||Kesarri Pulse||Kesari Pulse has a characteristic wedge shape. Larger Kesari resembles Arhar (Tur). It can be separated by visual examination.|
|Asafoetida||Resin and colour||Take a little amount of small parts of the sample in test tube. Add 3 ml of distilled water and shake the tube gently. Pure asafoetida dissolves in water very quickly and produces a milky white colour, but in case of adulteration with a chemical colour the mixture turns to be coloured. The purity of asafoetida may also be examined by taking a little amount of it on the tip of a fork and placing the same on the flame of a spirit lamp. Asafoetida burns quickly, producing bright flame and leaving the impurities behind.|
|Black Pepper||Papaya Seeds||Papaya seeds do not have any smell and are relatively smaller in size. Adulteration of papaya seed with Black Pepper may be detected by way of visual examination as also by way of smelling.|
|Coffee powder||Cereal starch||Take a small quantity (one-fourth of a tea-spoon) of the sample in a test tube and add 3 ml of distilled water in it. Light a spirit lamp and heat the contents to colourize. Add 33 ml of a solution of potassium permanganate and muratic acid (1:1) to decolourize the mixture. The formation of blue colour in mixture by addition of a drop of 1% aqueous solution of iodine indicated adulteration with starch.|
|Coffee powder||Powder of scorched persimmon stones||Take a small quantity (1 tea-spoon) of the sample and spread it on a moistened blotting paper. Pour on it, with much care, 3 ml of 2% aqueous solution of sodium carbonate. A red colouration indicates the presence of powder of scorched persimmon stones in coffee powder.|
|Coriander powder||Saw Dust||Take a little amount (a half of tea-spoon) of the sample. Sprinkle it on water in a bowl. Spice powder gets sedimented at the bottom and saw-dust floats on the surface.|
|Cumin Powder||Saw Dust||Take a little amount (a half of tea-spoon) of the sample. Sprinkle it on water in a bowl. Spice powder gets sedimented at the bottom and saw-dust floats on the surface.|
|Dry red chilli||Rhodamine B colour||Take a red chilli from the sample and rub the outer surface with a piece of cotton soaked in liquid paraffin. The sample is adulterated if the cotton becomes red.|
|Dry turmeric root||Metanil yellow colour||Take a piece of dry turmeric root and rub the outer surface with a piece of cotton soaked in liquid paraffin. A yellow colouration of cotton indicates adulteration of turmeric root with metanil yellow colour.|
|Gram powder||Kesari powder||Take a little amount (a half of a tea-spoon) of the sample in a test tube with 3 ml of distilled water. Add 3 ml of muratic acid. Immerse the tube in warm water. Check the tube after 15 minutes. A violet colouration indicates the presence of Kesari powder in Gram powder.|
|Gram powder||Metanil yellow colour||Take a small quantity (a half of a tea-spoon) of the sample in a test tube. Add 3 ml of alcohol. Shake the tube to mix up the contents thoroughly. Add 10 drops of hydrochloric acid in it. A pink colouration indicates adulteration of gram powder with metanil yellow.|
|Green vegetables like Bitter Gourd, Green Chilli and others||Malachite Green||Take a small part of the sample and place it on a piece of moistened white blotting paper. The impression of colour on the paper indicates the use of malachite green, or any other low priced artificial colour.|
|Green vegetables like Bitter Gourd, Green Chilli and others||Malachite Green||Rub the outer green surface of a small part of the sample with a liquid paraffin soaked cotton. The sample is adulterated when the white cotton turns green.|
|Jaggery||Metanil yellow colour||Take a little amount (one-fourth of a tea-spoon) of the sample in a test tube. Add 3 ml of alcohol and shake the tube vigorously to mix up the contents. Pour 10 drops of hydrochloric acid in it. A pink colouration indicates the presence of metanil yellow colour in jaggery.|
|Jaggery||Sodium bicarbonate||Take a little amount (one-fourth of a tea-spoon) of the sample in a test tube. Add 3 ml of muratic acid. The presence of sodium carbonate or sodium bicarbonate effects effervescence.|
|Parched rice||Urea||Take 30 pieces of parched rice in a test tube. Add 5 ml of distilled water. Shake the tube to mix up the contents thoroughly. After 5 minutes, filter water contents and add to it a little amount (a half of a tea-spoon) of powder of arhar or soyabean. Wait for another 5 minutes and then dip a red litmus paper in the mixture. Lift the paper after 30 seconds and examine it. A blue colouration indicates the use of urea in parched rice.|
|Pigeon Pea (Toor Dal)||Metanil Yellow||Take a small handful of the pulse and boil it. Strain the water and grind the boiled peas with a mortar and pestle. Transfer this sample into a test tube and add 10cc of distlled water.Shake the test tube rigorously to mix up the contents thoroughly. Add 10 drops of hydrochloric acid in it. A pink colouration indicates adulteration of peas with metanil yellow.|
|Processed food, sweetmeat or syrup||Metanil Yellow||Take little amount (a half of a tea-spoon) of the sample in a test tube. Add 10 drops of muratic acid or hydrochloric acid in it. The appearance of rosy colour indicates adulteration of food with metanil yellow.|
|Processed food, sweetmeat or syrup||Rhodamine B colour||The presence of this chemical colour in food is very easy to detect as it shines very brightly under sun. A more precise methods of detection is also there.Take a little amount (a half of a tea-spoon) of the sample in a test tube. Add 3 ml of carbon tetrachloride and shake the tube to mix up the contents thoroughly. The mixture becomes colourless and an addition of a drop of hydrochloric acid brings the colour back when food contains Rhodamine B colour.|
|Rice||Earth, sand, grit, unhusked paddy, rice bran, talc, etc.||These adulterants may be detected visually and removed by way of sorting, picking, and washing.|
|Sweet potato||Rhodamine B colour||Take a small part of the sample and rub the red outer surface with a piece of cotton soaked in liquid paraffin. The cotton adhering colour indicates the use of Rhodamine B colour on outer surface of the sweet potato.|
|Tea Leaves||Coal Tar Dye||Scatter a little amount (1 tea-spoon) of the sample on a moistened white blotting paper. After 5 minutes, remove the sample and examine the paper. A revelation of coloured spots indicates the use of the dye.|
|Tea Leaves||Iron Flakes||Spread a small quantity (2 tea-spoon) of the sample on a piece of paper. Draw a magnet over it. Iron flakes, if present, cling to the magnet. The same test may be carried out to trace iron flakes from tea half-dust and iron filings from tea dust.|
|Tea Leaves||Leather Flakes||Prepare a paper-ball. Fire the ball and drop a little amount of the sample on it. The presence of leather flakes emits an odour of burnt leather.|
|Turmeric powder||Metanil yellow colour||Take a little amount (one-fourth of a tea-spoon) of the sample in a test tube. Add 3 ml of alcohol. Shake the tube to mix up the contents thoroughly. Add 10 drops of muratic acid or hydrochloric acid in it. A pink colouration indicates the use of metanil yellow colour in turmeric powder.|
|Wheat||Earth, sand, grit, chopped straw, bran, unhusked grain, and seeds of weeds.||These adulterants may be detected visually and removed by way of sorting, picking, and washing.|