49. Conditions for sale.- (1) Every utensil or container used for manufacturing, preparing or containing any food or ingredient of food intended for sale shall be kept at all times in good order and repair and in a clean and sanitary condition. No such utensil or container shall be used for any other purpose.
(2) No person shall use for manufacturing, preparing or storing any food or ingredient of food intended for sale, any utensil or container which is imperfectly enamelled or imperfectly tinned or which is made of such materials or if in such a state as to be likely to injure such food or render it noxious.
(3) Every utensil or container containing any food or ingredient of food intended for sale shall at all times be either provided with a tight fitting cover or kept closed or covered by a properly-fitting lid or by a close fitting cover of gauze net or other material of a texture sufficiently fine to protect the food completely from dust, dirt and flies and other insects.
(4) No utensil or container used for the manufacture or preparation of or containing any food or ingredient of food intended for sale shall be kept in any place in which such utensil or container is likely by reason of impure air or dust or any offensive, noxious or deleterious gas or substance or any noxious or injurious emanations, exhalation or effluvium, to be contaminated and thereby render the food noxious.
(5) An utensil or container made of the following materials or metals, when used in the preparation of food, shall be deemed to render it unfit for human consumption:
(i) Containers with which are rusty:
(ii) Enamelled containers which have become chipped and rusty:
(iii) Copper or brass containers which are not properly tinned; 1[* * * *]
2(iv) Containers made of aluminium not conforming in chemical] composition to IS:20 3[* * *] specification for Wrought Aluminium and Aluminium Alloy for utensils; 4[and]
2[(v) Containers made of plastic materials not conforming to the following Indian Standards Specification, used as appliances or receptacles for packing or storing, whether partly or wholly, food articles, namely:
(a) IS: 10146 3[* * *] (Specification for Polyethylene in contact with foodstuffs);
(b) IS: 10142 3[* * *] (Specification for Styrene Polymers in contact with foodstuffs);
(c) IS: 10151 3[* * *] (Specification for Polyvinyl Chloride (PVC, in contact with foodstuffs);
(d) IS: 10910 3[* * *] (Specification for Polypropylene in contact with foodstuffs);
5[(e) IS: 11434 3[* * *] (Specification for Ionomer Resins in contact with foodstuffs)];
6[(f) IS: 11704 3[* * *] (Specification for Ethylene Acrylic Acid (EAA) Co-polymer];
(g) 7[IS: 12252 3[* * *] (Specification for Polyalkylene terephathalates (PET)].
(h) IS: 12247 3[* * *] (Specification for Nylon 6 Polymer].
8[(i) IS: 13601 3[* * *] (Specification for Ethylene Vinyl Acetate (EVA).
(j) IS: 13576 – Ethylene Metha Acrylic Acid (EMAA)].
9[(vi) Use of second hand tin container for packaging of edible oils and fats.]
10[Provided that utensils or containers made of copper though not properly tinned may be used for the preparation of sugar confectionery or essential oil, and mere use of such utensils or containers shall not be deemed to render sugar, confectionery or essential oils unfit for human consumption.]
11(6) No person shall sell compounded asafoetida exceeding one kilogram in weight except in a sealed container with a label.]
12[(7) No person shall sell hingra without a label on its container upon which is printed a declaration in the form specified in rule 42.]
13[(8) No person shall sell Titanium dioxide (food grade) except under Indian Standards Institution Certification Mark.]
14[(9) No person shall sell salseed fat for other purpose except for BAKERY AND CONFECTIONERY and it shall be refined and shall bear the label declaration as laid down in rule 42.(T).]
15[(10) Table salt or iron fortified common salt containing anti-caking agent shall be sold only in a package which shall bear the label as specified in sub-rule (v) of rule 42; or
(10-A) Iron fortified common salt shall be sold only in high density Polythene bag (HDPE) (14 Mesh, density 100 Kg / m 13 unlaminated) package which shall bear the label as specified in sub-rule (vv) of 42.]
16[(l1) No person shall sell lactic acid for use in food except under Indian Standards Institution Marks.
(12) The katha prepared by Bhatti Method shall be conspicuously marked as “Bhatti katha”.]
17[(13) All edible oils, except coconut oil imported in crude, raw or unrefined form shall be subjected to the process of refining before sale for human consumption. Such oils shall bear a label declaration as laid down in rule 42 (w).]
18[(14) Dried Glucose Syrup containing sulphur-dioxide exceeding 40 ppm. shall be sold only in a package which shall bear the label as specified in sub-rule (x) of rule 42.]
19[(15) No person shall store, expose for sale or permit the sale, of any insecticide in the same premises where articles of food are stored, manufactured or exposed for sale :
Provided that nothing in this sub-rule shall apply to the approved household insecticides which have been registered as such under the Insecticides Act, 1968 (46 of 1968).rule
Explanation-For the purpose of- this sub-rule, the word “insecticide” has the same meaning as assigned to it in the Insecticides Act, 1968 (46 of 1968)].
20[21(16) Condensed milk sweetened, condensed skimmed milk sweetened, milk powder, skimmed milk powder and partly skimmed milk powder] shall not be sold except under Indian Standards Institution Certification Mark.]
22[(17) No person shall sell mineral oil (food grade) for use in confectionery except under Indian Standards Institution Certification Mark.
(18) No person shall sell confectionery weighing more than 500 gms. except in packed condition and confectionery sold in pieces shall be kept in glass or other suitable containers.
Explanation-For the purposes of sub-rules (17) and (18) confectionery” shall mean sugar boiled confectionery, lozenges and chewing gum and bubble gum]:
23[(19) No person shall manufacture, sell, store or exhibit for sale an infant milk food, infant formula 24[milk cereal-based weaning food and processed cereal based weaning food] except under Bureau of Indian Standards Certification Mark..]
25[(20) No person shall sell protein rich ata and protein rich maida except in packed condition mentioning the names of ingredients on the label.]
26[(21) The blended Edible Vegetables Oils shall not be sold in loose form. It shall be sold in sealed packages weighing not more than 5kgs. It shall not be sold under the common or generic name of the oil used in the blend but shall be sold as “Blended Edible Vegetable Oil”. The sealed package shall be sold or offered for sale only under Agmark certification mark bearing the label declaration as provided under rule 42 and rule 44 besides other labelling requirements under these rules.]
27[(22) Coloured and flavoured 28[table margarine] shall only be sold in a sealed package weighing not more than 500 gms. with a label declaring addition of colour and flavour as required under these rules.]
29[(23) The fat spread shall not be sold in loose form. It shall be sold in sealed packages weighing not more than 500 gms. The word “butter” shall not be associated while labelling the product. The sealed package shall be sold or offered for sale only under AGMARK certification mark bearing the label declaration as provided under rule 42 besides other labelling requirements under these rules.]
30[27(24)] No person shall sell powdered spices except under packed conditions.
Explanation-For the purpose of this sub-rule “spices” means the spices specified in Appendix “B” of Prevention of Food Adulteration Rules, 1955.
31[(25)]No person shall sell or serve food in any “commercial establishment” in plastic articles used in catering and cutlery, unless the plastic material used in catering and cutlery articles, conform to the food grade plastic, specified in rule 49 (5) (v) ]
Explanation-For the purpose of this sub-rule “commercial establishment” means any establishment, called by whatever name, being
Run / managed by any person or by any authority of the Government / Semi-Government or by any corporate registered body which deals in the business of selling or serving food.]
32[(26) Conditions sale of irradiated food.-All irradiated food shall be sold in pre-packed conditions only. The type of packaging material used for irradiated food for sale or for stock for sale or for exhibition for sale or for storage for sale shall conform to the requirement of packaging material as per rule 49.]
33[(27) Every package of cheese (hard), surface, treated with Natamycin, shall bear the label as specified under Cl (8) of sub-rule (ZZZ) of rule 42.]
1. The words “and” omitted by G.S.R. 507 (E), dated 19th March, 1986 (w.e.f. 19th March 1987).
2. Subs by G.S.R. 425, dated 4th April, 1960.
3. Omitted by G.S.R. 382 (e), dated 10th July, 1997 (w.e.f. 10th July, 1997).
4. Ins. by G.S.R. 507 (E), dated 19th March, 1986 (w.e.f. 19th March 1987).
5. Ins. by G.S.R. 840 (E), dated 6th October, 1987 (w.e.f. 6th April 1987).
6. Ins. by G.S.R. 105 (E), dated 22nd February, 1994 (w.e.f. 22nd February, 1994).
7. Corrected by G.S.R. (E), dated 9th August 1994.
8. Ins. by G.S.R. 382 (E) dated 10th July 1997 (w.e.f. 10th July 1997).
9. Ins. by G.S.R. 575 (E), dated 4th August 1995.
10. Added an amended respectively by S.R.O. 2725, dated 24th November, 1956 and G.SR. 1211 DATED 9th December 1958.
11. Ins. by G.S.R. 823. dated 9th March, 1966.
12. Added by G.S.R. 1256. dated 17th August, 1967. published in the Gazette of India. Pt.II Sec. 3(i), No. 3, dated 26th August 1967.
13. Ins. by G.S.R. 55 (E). published in the Gazette of India Extraordinary Pt. II, dated 31st January, 1979.
14. Ins. by G.S.R. 19 (E), published in the Gazette of India, Extraordinary, Pt.II, Sec. 3 (i), dated 27th January, 1980.
15. Subs. by G.S.R.11 (E), dated 4th January, 1985.
16. Ins. by G.S.R. 290 (E), dated 13th April, 1981.
17. Ins. by G.S.R. 44(E), published in the Gazette of India. Extraordinary, Pt.II, Sec, 3 (i), dated 5th February, 1982 (w.e.f. 4th August. 1982).
18. Ins. by G.S.R. 57(E), dated 11th February. 1982 (w.e.f. 10th August, 1982).
19. Ins. by G.S.R. 790 (E). dated 10th October, 1983.
20. Ins. by G.S.R. 550 (E), dated 4th July, 1985.
21. Subs. by G.S.R. 41 (E), dated 29th January, 1997 (w.e.f. after one year from 29th January,1998.
22 . Ins. by G.S.R. 437 (E), dated 8th April, 1988 (w.e.f. 8th April, 1988).
23. Ins. by G.S.R. 257 (E), dated 3rd May, 1991 (w.e.f. 3rd November, 1991).
24. Subs. by G.S.R. 147 (E) dated 14th March, 1997 (w.e.f. 14th September, 1997).
25. Added by G.S. R. 731 (E), dated 10th December, 1991.
26. Ins. by G.S.R. 91 (E), dated 7th February, 1992. and corrected by G.S.R. 314 (E), dated 9th March, 1992.
27. Ins. by G.S.R. 907, dated 4th December, 1992 (w.e.f. 4th December, 1992).
28. Subs. by G.S.R. 465 (E), dated 14th August, 1997 (w.e.f 14th August, 1997).
29. Ins. by G.S.R. 481, dated 6th September, 1993 (w.e.f. 2nd October, 1993).
30. Ins. by G.S.R. 105 (E), dated 22nd February, 1994 (w.e.f. 22nd February, 1994).
32. Corrected by G.S. R. 611 (E), dated 9th August, 1994.
33 . Ins. by G.S.R. 614 (E), dated 9th August, 1994.
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