Section 22:
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:
(a) 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:--
(i) 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;
(ii) 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);
(iii) substances from animal origin;
(iv) a dietary substance for use by human beings to supplement the diet by increasing the total
dietary intake;
(b) (i) 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;
(ii) 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;
(iii) 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;
(iv) 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 the regulations made thereunder.