Genetically modified foods, organic foods, functional foods, proprietary foods, etc
Save as otherwise provided under this Act and regulations made thereunder, no person shall
manufacture, distribute, sell or import any novel food, genetically modified articles of
food, irradiated food, organic foods, foods for special dietary uses, functional foods,
neutraceuticals, health supplements, proprietary foods and such other articles of food
which the Central Government may notify in this behalf. Explanation.– For the purposes
of this section,–
1. “foods for special dietary uses or functional foods or nutraceuticals or health supplements” means:
•foods which are specially processed or formulated to satisfy particular dietary requirements which exist because of a particular physical or physiological condition or specific diseases and disorders and which are presented as such, wherein the composition of these foodstuffs must differ significantly from the composition of ordinary foods of comparable nature, if such ordinary foods exist, and may contain one or more of the following ingredients, namely:-
plants or botanicals or their parts in the form of powder, concentrate or extract in water, ethyl alcohol or hydro alcoholic extract, single or in combination;
minerals or vitamins or proteins or metals or their compounds or amino acids (in amounts not exceeding the Recommended Daily Allowance for Indians) or enzymes (within permissible limits);
substances from animal origin;
• a dietary substance for use by human beings to supplement the diet by increasing the total dietary intake;
2.• a product that is labelled as a “Food for special dietary uses or functional foods or nutraceuticals or
health supplements or similar such foods” which is not represented for use as a conventional food and whereby
such products may be formulated in the form of powders, granules, tablets, capsules, liquids, jelly and other
dosage forms but not parenterals, and are meant for oral administration;
• such product does not include a drug as defined in clause (b) and ayurvedic, sidha and unani drugs as
defined in clauses (a) and (h) of section 3 of the Drugs and Cosmetics Act, 1940 (23 of 1940) and rules made
thereunder;
• does not claim to cure or mitigate any specific disease, disorder or condition
(except for certain health benefit or such promotion claims) as may be permitted by the regulations made
under this Act;
• does not include a narcotic drug or a psychotropic substance as defined in the Schedule of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (61 of 1985) and rules made thereunder and substances listed in
Schedules E and EI of the Drugs and Cosmetics Rules, 1945;
2.“genetically engineered or modified food” means food and food ingredients composed of or containing
genetically modified or engineered organisms obtained through modern biotechnology, or food and food
ingredients produced from but not containing genetically modified or engineered organisms obtained through
modern biotechnology;
3.“organic food” means food products that have been produced in accordance with specified organic production
standards;
4.“proprietary and novel food” means an article of food for which standards have not been specified but is
not unsafe:
Provided that such food does not contain any of the foods and ingredients prohibited under this Act and regulations made thereunder.
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