6. (1) No person shall, directly or indirectly and whether by himself or by any other person acting on his behalf,- (a) manufacture or sell any article of food which is adulterated, or (b) sell to the prejudice of the purchaser any article of food which is not of the nature, substance or quality demanded by the purchaser. (2) An offence shall not be deemed to have been committed under sub-section (1), if the article of food contains the normal constituents prescribed under clause (a) of sub-section (1) of section 5, and if the chemical and physical constants of the article are in accordance with those referred to in the said clause- (a) where any innocuous substance or ingredient has been added thereto, if such substance or ingredient- (i) is required for the production or preparation of such article as an article of commerce in a condition fit for carriage or consumption, and (ii) is not so added fraudulently to increase the bulk weight or measure, or to conceal the inferior quality, of such article: Provided that the admixture of such substance or ingredient does not render such article to be injurious to health; or(b) where any constituent has been abstracted therefrom if such abstraction is required for the production or preparation of such article as an article of commerce fit for carriage or consumption and does not render such article to be injurious to health; or (c) where a patent has been granted under any law for the time being in force, if such article is manufactured or sold in the condition required by the specification of the patent. (3) The opinion of the public analyst on the question whether any substance or ingredient is innocuous shall, subject to the provisions of section 32, be conclusive evidence on such question. (4) In any prosecution under this section,- (a) it shall not be a defence to allege- (i) that the purchaser bought for analysis or examination and therefore was not prejudiced, or (ii) that the person who manufactured or sold the article of food had no knowledge of, and could not with reasonable diligence have ascertained, its nature, substance or quality; and (b) the Court shall, until the contrary is proved, presume that any article of food, which is found in the possession of any person who manufactures or sells similar articles, has been manufactured by that person, or is for sale by him, as the case may be.

¹[6A. No person shall directly or indirectly and whether by himself or by any other person acting on his behalf-(a) use any poisonous or dangerous chemicals or ingredients or additives or substances like calcium carbide, formalin, pesticides (DDT, PCBs oil etc.), or intoxicated food colour or flavouring matter in any food which may cause injury to human body;(b) sale any food in which poisonous or dangerous chemicals or ingredients or additives or substances like calcium carbide, formalin, pesticides (DDT, PCBs oil etc.) or intoxicated food colour or flavouring matter has been used in any food which may cause injury to human body.]

7. No person shall, directly or indirectly and whether by himself or by any other person acting on his behalf, manufacture or sell, as the case may be, any milk, butter, ghee, (that is to say, clarified milk fat), wheat flour (that is to say, maida, atta or suji) or mustard or any other rape seed oil, or any other article of food which may be notified by the Government in this behalf, unless the conditions specified in sections 8, 9, 10, 11, 12 and 13 are respectively fulfilled.

8. (1) In the case of milk other than skimmed, condensed, sterilised or desiccated milk,- (a) the species of animal from which the milk is derived shall be specified by the seller in such manner as the local authority may direct by general or special order in this behalf;(b) the article sold shall be the normal, clean and fresh secretion obtained by the complete milking of the udder of a healthy animal of the species specified, not earlier than seven days after the calving and freeing of the colostrums of such animal; and (c) the article sold shall, whether such secretion has been processed or not, be an article from which no ingredient has been extracted and to which no water or other substance (including any preservative) has been added and which contains the normal constituents prescribed under clause (a) or sub-section (1) of section 5. (2) In the case of skimmed milk,- (a) the container shall be labelled and marked in such manner as may be prescribed; (b) the article sold shall contain such proportion of the constituents of milk as may be prescribed; and (c) the place at which such article is sold shall be specified by the seller in such manner as the local authority may direct by general or special order in this behalf. (3) In the case of condensed, sterilised or desiccated milk,-(a) the container shall be hermetically closed, labelled and marked in such manner as may be prescribed; and(b) the article manufactured or sold, as the case may be, shall contain such proportion of the constituents of milk as may be prescribed.

9. In the case of butter, the article manufactured or sold, as the case may be, shall be exclusively derived from the milk or cream (other than skimmed, condensed, sterilised or desiccated milk or cream) of a cow or buffalo or both, and may be with or without salt and with or without the addition of any innocuous colouring matter, and shall not contain a greater proportion of water than may be prescribed.

10. In the case of ghee (that is to say, clarified milk fat), the article manufactured or sold, as the case may be, shall contain only substances (other than curds) which are prepared exclusively from the milk of cows or buffaloes or both, and shall fulfil such other conditions as may be prescribed.

11. In the case of wheat flour (that is to say, maida, atta or suji), the article manufactured or sold, as the case may be, shall contain only substances which are derived exclusively from wheat, and shall fulfil such other conditions as may be prescribed.

12. In the case of mustard or any other rape seed oil, the article manufactured or sold, as the case may be, shall be derived exclusively from mustard or any other rape seed, as the case may be, and shall fulfil such other conditions as may be prescribed.

13. In the case of any other article of food which may be notified by the Government under section 7, the article manufactured or sold, as the case may be, shall fulfil such conditions as may be prescribed.

14. No person shall, directly or indirectly and whether by himself or by any other person acting on his behalf, manufacture or sell- (a) anything similar to or resembling an article of food notified under section 7 or specified in sections 8, 9, 10, 11, 12 and 13, under any name which so resembles the ordinary name of such article of food as to be likely to deceive the public or which is in any way calculated to mislead the public as to the nature, substance or quality of that thing; or (b) any food in the preparation of which an article of food notified under section 7 or specified in sections 8, 9, 10, 11, 12 and 13 has been used, unless such article fulfils the conditions specified in sections 8, 9, 10, 11, 12 and 13 as being applicable to it.

15. In any prosecution under this section,- (a) it shall not be a defence to allege that the person who manufactured or sold the article of food had no knowledge of, and could not with reasonable diligence have ascertained, the nature, substance or quality, of such article or of any article used in the preparation thereof; and (b) the Court shall, until the contrary is proved, presume that any article of food notified under section 7 or specified in sections 8, 9, 10, 11, 12 and 13 or referred to in clause (b) of section 14, or any ingredient of, or anything used in the preparation of, such article, which is found in the possession of any person who manufactures or sells similar articles, has been manufactured by that person or has been kept by him for being used in the manufacture of such article or is for sale by him or has been kept by him for the purpose of preparation of any food referred to in clause (b) of section 14, as the case may be.

16. (1) No person shall keep or permit to be kept, in any manufactory, shop or place in which any article of food notified under section 7 or specified in sections 8, 9, 10, 11, 12 and 13 is manufactured or sold, any substance intended to be used for the adulteration of such article. (2) In any prosecution under this section, the Court shall, until the contrary is proved, presume that any substance, capable of being used for such adulteration and found in such manufactory, shop or place, is intended to be used for the purpose of such adulteration. (3) No person shall keep Guzi (niger seed) in any manufactory, shop or place mentioned in sub-section (1). (4) No person shall keep any quantity of white oil except under a licence granted by a local authority in such manner and form and subject to such conditions as may be prescribed.

17. (1) No person shall sell for human consumption any living thing which is diseased or unsound or sell or manufacture any other article of food intended for human consumption which is unwholesome or unfit for human consumption. (2) In any prosecution under this section, the Court shall, until the contrary is proved, presume that any living thing which is diseased or unsound or any other article of food which is unwholesome or unfit for human consumption and is found in the possession of any person who sells similar living things or sells or manufactures similar articles of food for human consumption, is for sale or has been manufactured, as the case may be, by that person for human consumption.

18. (1) No person shall, directly or indirectly and whether by himself or by any other person acting on his behalf, with any article of food sold by him, give to the purchaser a label, whether attached to or printed on the container in which such article is sold or not, which falsely describes that article or is otherwise calculated to mislead as to its nature, substance or quality. (2) In any prosecution under this section, it shall not be a defence to allege that the person who gave such a label had no knowledge of, and could not with reasonable diligence have ascertained, its character.

19. (1) No person shall publish or cause to be published, an advertisement (not being a label referred to in section 18) which falsely describes any article of food or is otherwise calculated to mislead the public as to its nature, substance or quality. (2) In any prosecution under this section, it shall be a defence for the accused to prove either- (a) that he did not know, and could not with reasonable diligence have ascertained that the advertisement was of such a character as aforesaid; or (b) that, being a person whose business it is to publish or arrange for the publication of advertisements, he received the advertisement for publication in the ordinary course of business. (3) In any prosecution under this section against the manufacturer or the seller, the Court shall, until the contrary is proved, presume that such advertisement was published or caused to be published by such manufacturer or seller as the case may be.

20. (1) Notwithstanding anything contained in sections 6,7, 8, 9, 10, 11, 12,13, 14, 15, 16, 17 and 18, in any prosecution for the sale of any article of food in contravention of any of the provisions of those sections relating to such article, it shall be a defence for the seller to prove - (a) that he purchased such article as being of a nature substance or quality which would entitle him to sell it and with a written warranty to that effect, and (b) that, at the time of the sale to which the prosecution relates, he had no reason to suppose that the article was not of such a nature, substance or quality, and that it was then in the same condition as when he purchased it: Provided that a warranty given by a person who is not a resident in Bangladesh shall not be a defence unless the seller strictly proves to the satisfaction of the Court that he had taken reasonable steps to ascertain, and did in fact believe in, the correctness of the statement contained in the warranty. (2) Notwithstanding anything contained in any other law for the time being in force, no evidence relating to a warranty alleged under clause (a) of sub-section (1) shall be admissible on behalf of the seller unless, within seven days of the date of service upon him of any process issued by a Court for his attendance therein, he has sent- (a) to the complainant a copy of the warranty, together with a written notice stating that he intends to rely upon the warranty and specifying the name and address of the person from whom he received it, and (b) to the person from whom he received the warranty, a notice of his intention to rely upon it. (3) No person, whether as a principal or as an agent, shall give to a purchaser, in respect of any article of food, any warranty in writing which is false or which he has reason to believe to be false.

21. (1) After the commencement of this Ordinance, no premises shall be used for- (a) the wholesale manufacture or wholesale sale of any article of food notified under section 7 or specified in sections 8, 9, 10, 11, 12 and 13, or (b) the manufacture or sale of ice-cream or any pickled, potted, pressed or preserved food, or (c) hotel, inn, restaurant or sweetmeat shop, unless such premises have been registered by the occupier thereof in such manner, by such date and on payment of such fee as may be prescribed: Provided that the occupier of any premises so used on the date of the commencement of this Ordinance shall be allowed a period of two months from that date within which to effect registration. Explanation.- For the purposes of this section, the preparation of meat or fish by any process of cooking shall be deemed to be the preservation thereof. (2) Every registration under this section shall be renewed annually by the occupier of the preimses in such manner, by such date and on payment of such fee as may be prescribed. (3) An application for registration or renewal thereof shall, in the prescribed manner and form, be made to the local authority, which shall, in the prescribed manner and form, maintain a record of every such registration and renewal thereof. (4) The occupier of premises specified in clause (a) of sub-section (1) shall, in the prescribed form, maintain a record showing the quantity of each consignment of food despatched from such premises and the destination of each consignment, and such record shall be open to inspection by such officer of the local authority as may be authorised by the local authority in this behalf. (5) The registration of any premises under this section may be cancelled by the local authority if- (a) the premises cease to be used for the purposes for which they were registered, (b) in the case of premises specified in clause (a) of sub-section (1), if the occupier fails to maintain the record referred to in sub-section (4), or (c) if the occupier is convicted of an offence punishable under this Ordinance : Provided that in the case of the first conviction under this Ordinance, the registration will not be cancelled unless the Court is of opinion that the offence is so serious as to warrant the cancellation of registration; but in the case of subsequent convictions under this Ordinance, the cancellation of registration will follow as a matter of course. (6) Nothing in this section shall apply to any premises used primarily as a club, theatre, cinema or public hall.

22. Any dealer in ice-cream, kulpi, ice, aerated water, sarbat, sweetmeats, biscuits, bread or any other dry food made of pulse or flour, who sells such article of food in any premises or part of any premises, and any such dealer by whom or on whose behalf any vehicle or container is used for the sale of any such articles of food elsewhere than in any premises or part of any premises, shall have his name and address legibly and conspicuously displayed on such premises, part of such premises, vehicle or container, as the case may be, in Bengali and ²[English].

23. No milk, bread-stuffs, cake, pastry, sweetmeats, confectionery or other article of food intended or commonly used for human consumption without further preparation by cooking shall be sold, exposed or kept or hawked about or stored for sale unless they be kept properly covered or otherwise guarded to the satisfaction of the local authority, so that they shall be protected from dust, dirt and flies.

24. The occupier of any premises or part of any premises used for the manufacture or sale of any article of food shall ensure- (1) that no sanitary convenience, dustbin or ashpit is contained in, or communicates directly with, or is so placed that offensive odour therefrom penetrates into, such premises or part of such premises; (2) that no source of, or receptacle for, the supply of water to such premises or part of such premises communicates directly with a drain, sink or sanitary convenience, or discharges directly into a sanitary convenience, and that there is not in such premises or part of such premises any outlet for the ventilation of any drain or for conveying sewage or foul water into any drain; (3) that the roof, ceiling, walls, windows, doors and floor of such premises or part of such premises are kept clean and in good repair; (4) that such premises or part of such premises are not used for sleeping purposes; (5) that such premises or part of such premises are provided with sufficient and suitable ventilation;(6) that no refuse or filth, whether solid or liquid, is permitted to accumulate anywhere in such premises or part of such premises; (7) that no waste-matter resulting from any process of manufacture or sale of any article of food is permitted to accumulate in any premises or part of any premises in which such manufacture or sale is carried on except in so far as is unavoidable in the nature of such manufacture or sale; and (8) that all articles used in such premises or part of such premises are kept clean, and that all persons employed therein keep themselves and their clothing as clean as may be consistent with the nature of their employment.

25. No person, who is suffering from leprosy, tuberculosis or any other disease which may be notified by the Government in this behalf, shall manufacture or sell any article of food, or wilfully touch any such article which is for sale by any other person.

26. (1) Subject to the provisions of this Ordinance and the rules, a local authority may, and when so required by the Government shall, for the local area within its jurisdiction, make bye-laws for the purpose of securing the observance of sanitary conditions and practices in connection with the handling, wrapping and delivery of any article of food which is for sale or for delivery after sale. (2) In any bye-laws made under sub-section (1), the local authority may provide that any person committing a breach of any of the provisions thereof shall, on conviction by a Court, be punishable with fine which may extend to two hundred taka and on a second conviction with fine which may extend to four hundred taka and on a third or subsequent conviction with fine which may extend to one thousand taka or with imprisonment for a term which may extend to six months or with both.

27. (1) Subject to the provisions of this Ordinance and the rules, a local authority may, and when so required by the Government shall, for the local area within its jurisdiction,make bye-laws with respect to all or any of the following matters, namely:- (a) the registration of dairies, dairymen and persons habitually selling milk; (b) the inspection by such local authority, or by any person authorised by it in this behalf, of dairies and dairy cattle from which milk is supplied to the inhabitants of such local area, and of persons having access to such milk or any container thereof;(c) the duties to be performed by dairymen and persons selling milk in connection with the occurrence and reporting of infectious or contagious diseases among persons residing or employed in or about their premises or of any disease in dairy cattle which is communicable to man or of any disease of the udder; (d) the conveyance and distribution of milk, and the labelling or marking of containers used for such conveyance or distribution.(e) the ventilation, lighting, cleansing, drainage and water supply of dairies; (f) the health and condition of milch cattle in dairies; (g) the cleanliness of containers for milk in, and of persons employed in or about dairies; (h) the protection of milk against infection or contamination; (i) the prevention of the sale of infected, contaminated or dirty milk, the prohibition of the sale or distribution of any milk suspected of being infected, contaminated or dirty, the closing of any dairy where such milk is for sale and the exclusion therefrom of any cattle, the milk from which there is reason to believe has conveyed or is likely to convey any infectious disease; and (j) any other matter which, in the opinion of the Government, may be necessary to secure and maintain the purity of milk supply. Explanation.- In this sub-section, the word “milk” includes milk-products prepared for human food from milk or from anything derived from milk. (2) In any bye-laws made under sub-section (1), the local authority may provide that any person committing a breach of any of the provisions thereof shall, on conviction by a Court, be punishable with fine which may extend to two hundred taka and on a second conviction with fine which may extend to four hundred taka and on a third or subsequent conviction with fine which may extend to one thousand taka or with imprisonment for a term which may extend to six months or with both.