Food adulteration is an unethical business practice. It may occur at any time or any layer along the entire supply chain of the food, from producer to consumer and from Farm to market.
So, adulteration of food may happen in any of the layers or steps in the process of reaching the food from the farm or production to the fork of the consumers shown above. Any one or several of the farmer/producer, retailer, wholesaler, manufacture, agent/broker may cause the adulteration of food in a way of adding adulterant; removing or reducing and substituting any element thereto; or false representation of any item as food with intention of malice of extra profit making. Say for an example- mango fruits are collected from various gardens(from farmers) of Rajshahi and Chapainawabganj districts by the local agents. Before shipment some of mangoes may make calcium carbide or/and formalin tainted by the dealers. Same may be done during the change made in between the wholesalers and retailers. Again, food adulteration also may happen in the following stages by the ill will of the farmer/ producer or agent/broker or manufacture or wholesaler or retailer at
a) Primary production stage;
b) Post-harvest food handling, preservation, processing, packaging, transport, storage and distribution;
c) Food Services Sector- Fresh produces, semi-processed, processed, ready to eat, hotel, restaurant, street foods etc. 12
6. Effects of Food Adulteration in Bangladesh Followings can be the probable results of food adulterationa) Consumers are cheated by the traders. Consumers take impure, unsafe and incomplete food; b) Reduces the quality of the food and this weakens the health of the consumers and thereby increases the cost for healthcare; c) Regular intake leads to many health problems from curable to incurable disorders and can ruin one’s lifestyle and life as well; d) The adulterated foods both fresh and processed are nutritionally poor. Food adulteration poses a very serious health hazard. Use of non–permitted chemicals causing a number of diseases including cancer, convulsion and miscarriage, respiratory problem, disorder of some organs of the body;13 e) Consumption of adulterated food items may precisely cause asthma, sore throat, larynx constriction, bronchitis, skin infection, allergic reaction, diarrhea, haematuria, circulatory failure, numbness, dizziness, kidney failure, stomach, cancer, nervous disorder and other diseases;14 f) Adulteration in food decreases our moral and social values. A large number of people and companies are engaged in this kind of black business of adulterated food production, manufacture, wholesale and retailing. The entire chain makes involved a lot of people in a criminal act which requires a tremendous government effort with a proper infrastructure to combat this.15 7. Legal Frame Work to Combat Food Adulteration in Bangladesh Food adulteration is an act of dishonest tradesmen who intend to make unscrupulous profit from minimum investment. Random manufacture of adulterated foodstuffs unsuitable for human consumption demands strong regulatory mechanism to maintain a standard of purity for the preservation of public health. In Bangladesh, legal environment of food safety and quality control consists of Laws, Regulations & Standards, Administration & Inspection and Laboratory analytical services. In Bangladesh the governance and legal frame work to combat food adulteration can be described under the following heads:
a. The Food Safety Act, 2013
b. The Constitution of the People’s Republic of Bangladesh, 1972
c. The Penal Code, 1860
d. The Bangladesh Pure Food Ordinance, 1959
e. The Food (Special) Court Act, 1956
f. The Control of Essential Commodities Act, 1956
g. The Special Powers Act, 1974
h. The Bangladesh Standards and Testing Institution Ordinance (BSTI), 1985
i. The Mobile Court Act, 2009
j. The Consumer Rights Protection Act, 2009
7.1. The Food Safety Act, 2013 The Food Safety Act 2013 has also been enacted in Bangladesh through repealing and reenacting the existing outdated laws in this regards. This 2013 Act has been enacted to form an authority that would ensure generous efforts to the food control agencies, food business operators and people of the country towards achieving the landmark goal of founding a Modern and Technological Food Safety System in Bangladesh as required for the government’s vision 2021. Accordingly under the 2013 Act, the Bangladesh Food Safety Authority (BFSA) has been formed in 2015. 7.2. The Constitution of Bangladesh Article 15 of the Constitution of Bangladesh provides basis for right to food under the title ‘Provision of basic necessities’ which speaks that `It shall be a fundamental responsibility of the State to attain, through planned economic growth, a constant increase of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizens. The provision of the basic necessities of life, including food, clothing, shelter, education and medical care.16Article 18(1) of the Constitution speaks that ‘the state shall raise the level of nutrition and improve public health as its primary duties’. It shall also adopt effective measures to prevent the consumption of harmful drugs, drinks and alcohols. Both the articles imply food safety requirements for consumers.17Article 27 states that “All Citizens are equal before law and are entitled to equal protection of law.”18 7.3. The Penal Code, 1860 The Penal Code, 1860, provides punishment for adulteration of food or drink in section 272 and 273under this Act: Adulteration of food or drink intended for sale- “Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.
Mere possession of any alleged adulterated food of any premise by itself will not constitute an offence under section 272 of the Penal Code and section 25(a) of the Special Power Act, 1974 unless it is alleged and proved that a particular person or a group of person were personally involved in the process of adulteration of food or selling thereof.
Sale of noxious food or drink- “Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a State unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.
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