FOOD SAFETY AND STANDARDS ACT, 2006

1. FOOD SAFETY AND STANDARDS ACT, 2006 DR. JITENDRA P. DONGARE

2. FOOD SAFETY LEGISLATION - the need…… Issues with existing regulatory regime- • Nine different laws and eight different ministries governing the food sector • Laws framed by different Ministries/Depts. With different perspective and enforcement approach • Overlapping laws with different quality standards & labelling requirements Need for new law- •Removal of multiple regulations •Harmonizing with international law •Framing regulatory requirements based on science and risk analysis •Facilitating trade without compromising consumer safety and bringing in innovation in foods

3. Caught in the Web ??? Export (Quality Control & Inspection) ActDepartment of Commerce Ministry of Commerce & Industry Prevention of Food Adulteration Act 1954 and Rules Department of Health Ministry of Health and Family Welfare Fruit Products OrderMinistry of Food Processing Industries Meat Products OrderMinistry of Food Processing Industries INDIAN FOOD LAWS Milk and Milk Products OrderDepartment of Animal Husbandry Ministry of Agriculture Agricultural Produce (Grading & Marketing) Act Department of Agriculture and Cooperation Ministry of Agriculture Standards of Weights and Measures Act and Packaged Commodity Rules, The Vegetable Oil Products (Control) Order, The Edible Oils Packaging (Regulation) Order, The Solvent Extracted Oil, Deoiled Meal, and Edible Flour (Control) Order Ministry of Consumer Affairs, Food and Public Distribution

4. THE ACT…………… Prevention of Food Adulteration Act, 1954 Fruit Products Order, 1955 Meat Food Products Order, 1973 Vegetable Oil Products (Control) Order, 1947 Edible Oils Packaging (Regulation) Order, 1988, Solvent Extracted Oil, De-oiled Meal and Edible Flour (Control) Order, 1967 Milk and Milk Products Order, 1992 Any order under Essential Commodities Act, 1955 relating to food. The Food Safety & Standards Act 2006 is Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto. FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

5. SALIENT FEATURE OF THE ACT…………… • To ensure that all food meets consumers’ expectations in terms of nature, substance and quality and is not misleadingly presents; • To provide legal powers and specify offences in relation to public health and consumers’ interest; • To shift from regulatory regime to self compliance through Food Safety Management system. • Science based standards • Proprietary food, novel food, GM food, dietary supplements, nutraceuticals etc brought into the ambit of the new act. FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

6. SCOPE OF THE ACT…………… • The Act covers activities throughout the food distribution chain, from primary production through distribution to retail and catering. • The Act gives the Government powers to make regulations on matters of food safety. • The Food Safety & Standards Authority of India is the principal Government Authority responsible for preparing specific regulations under the Act. FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

7. FUNCTIONS OF AUTHORITY (SEC 16)…………… •To regulate, monitor the manufacture, processing, distribution, sale and import of food to ensure its safety and wholesomeness. •To specify standards, guidelines for food articles •Limits for Food additives, contaminants, veterinary drugs, heavy metals, mycotoxin, irradiation of food, processing aids. •Mechanisms & guidelines for accreditation of certification bodies engaged in FSMS certification •Quality control of imported food •Specify food labeling standards including claims on health, Nutrition, special dietary uses & food category systems •Scientific advice and technical support to central / state governments FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

8. REGULATORY ENFORCEMENT AT STATE FOOD SAFETY COMMISSIONER SPECIAL COURT APPELATE TRIBUNAL REFERAL LAB ADJUDICATING OFFICER ACCREDITED LAB DESIGNATED OFFICER FOOD ANALYST FOOD SAFETY OFFICER

9. ROLE OF STATE AS PER THE ACT…. ROLES & RESPONSIBILITIES OF FOOD SAFETY COMMISSIONER • Prohibit in the interest of public health, the manufacture, storage, distribution, or sale of any article of food. • Carry out survey/inspection of the food processing units in the state to find out compliance of prescribed standards. • Conduct training programmes for the personnel engaged in food safety. • Ensure efficient and uniform implementation of the standards and other requirements of food safety. • Sanction prosecution for offences punishable with imprisonment under this Act. FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

10. ROLE OF STATE AS PER THE ACT…. ROLES & RESPONSIBILITIES OF DESIGNATED OFFICER • Issue or cancel license of Food Business Operator. • Prohibit sale in contravention of this Act. • Receive report and samples of articles of food from Food Safety Officer and get them analyzed. • Make recommendation to the Commissioner of Food Safety for sanction to launch prosecutions • Sanction prosecution • Maintain record of all inspections made by Food Safety Officers • Get complaints investigated in respect of any contravention of the provision of this Act or against FSO FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

11. ROLE OF STATE AS PER THE ACT…. ROLES & RESPONSIBILITIES OF FOOD SAFETY OFFICER FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA • Taking samples of food intended for sale • Seize any articles of food which appears to be in contravention of this Act • Enter and inspect any place where food is manufactured, or stored for sale • May after giving notice, cause unsafe food destroyed • Seize any adulterant found in possession of a manufacturer or distributor • Can be penalised for harassment of business operator (There is provision for penalising Complainant for false complaint)

12. ENFORCEMENT OF PROVISIONS OF THE ACT…. • Article 31 lays down Licensing and Registration conditions which are compulsory for any food business. • Any person desirous to commence or carry on any food business shall make an application to grant of a License to the Designated Officer alongwith fees. • In case a license is not issued within two months from the date of making the application or his application is not rejected, the applicant may start his food business after expiry of the said period. • The provision of obtaining a licence for carrying on any food business shall not apply to a petty retailer, hawker, itinerant vendor or a temporary stall holder or small scale or cottage or such other industries relating to food business or tiny Food Business Operator. But they shall have Registration with the Designated Officer. FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

13. LICENSING AND REGISTRATION OF FOOD BUSINESS…. Central Licensing Authority FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA State Licensing Authority Designated Officer appointed by the Chief Executive Officer of the FSSAI in his capacity of Food Safety Commissioner Designated Officers appointed under Section 36(1) of the Act by the Food Safety Commissioner of a State or UT for the purpose of licensing and monitoring. Registering Authority Food Safety Officer or any official in Panchayat, Municipal Corporation or any other local body in an area, notified as such by the State Food Safety Commissioner for the purpose of registration

14. LICENSING AND REGISTRATION OF FOOD BUSINESS…. Registration required for the Food Business Operator, who – a.manufactures or sells any article of food himself or a petty retailer, hawker, itinerant vendor or temporary stall holder; or b. such food business including small scale or cottage or tiny food businesses with an annual turnover not exceeding Rs 12 lakhs and or whose- i. production capacity of food (other than milk and milk products and meat and meat products) does not exceed 100 kg/ltr per day or ii. production or procurement or collection of milk is up to 100 litres of milk per day or iii. slaughtering capacity is 2 large animals or 10 small animals or 50 poultry birds per day or less than that FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

15. LICENSING AND REGISTRATION OF FOOD BUSINESS…. Central License required for the Food Business Operator, who – (i) Dairy units including milk chilling units process more than 50 thousand litres of liquid milk/day or 2500 MT of milk solid per annum. (ii) Vegetable oil processing units having installed capacity more than 2 MT per day. (iii) All slaughter houses equipped to slaughter more than 50 large animals or 150 or more small animals or 1000 or more poultry birds per day (iv) Meat processing units equipped to handle or process more than 500 kg of meat per day or 150 MT per annum (v) All food processing units other than mentioned above having installed capacity more than 2 MT/day. FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

16. LICENSING AND REGISTRATION OF FOOD BUSINESS…. Central License required for the Food Business Operator, who – (vi) 100 % Export Oriented Units (vii) All Importers importing food items for commercial use. (viii) All Food Business Operators manufacturing any article of Food which does not fall under any of the food categories prescribed under these regulations or deviates in any way from the prescribed specification for additives therein. (ix) Retail chains operating in three or more states. (x) Food catering services in establishments and units under Central government Agencies like Railways, Air and airport, Seaport, Defence etc. FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

17. LICENSING AND REGISTRATION OF FOOD BUSINESS…. CHIEF EXECUTIVE OFFICER, FSSAI FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA STATE GOVERNMENT COMMISSIONER OF FOOD SAFETY 34 STATES/UT CENTRAL LICENSING AUTHORITY FSSAI Head Quarters (Licensing) LICENSING AUTHORITY REGISTRATION AUTHORITY • City municipal • corporation, • town Panchayat, • Gram panchayat ZONAL DIRECTORS & OTHER OFFICERS (for inspections & Monitoring) DESIGNATED OFFICER LICENSING AUTHORITY FOOD SAFETY OFFICER (for Inspection and Monitoring Food Business operators)

18. PROCEDURE FOR REGISTRATION OF FOOD BUSINESS…. Filing of an Application Application Form A Fees Rs 100/- FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA Processing of Application Either grant or reject Registration Certificate, Issue notice for inspection Within 7 days of receipt of application If no response Within a period of 30 days After the Inspection grant the registration Food Business operator may start business

19. PROCEDURE FOR LICENSING OF FOOD BUSINESS…. Filing of an Application Application Form B Documents + Fees FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA unique application number Require additional information on incomplete Application If no response No improvement Inspection of premises after receiving completed application & issue inspection report No inspection No improvement Either grant or reject the license Within 60 days of receipt of completed application or within 30 days of inspection If inspection report not processed Fresh application After 90 days

20. ADJUDICATION AND FOOD SAFETY TRIBUNALS……. FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA FOOD SAFETY APPELLET TRIBUNAL SPECIAL COURTS ADJUDICATING OFFICER Central Govt. or State Govt. may notify and establish one or more tribunals known as Food Safety Appellate Tribunals Central Govt. or State Govt. may constitute special courts for trial of offences relating to grievous injury or death of the consumer State Govt. to notify Adjudicating Officer not below the rank of Addl. District Magistrate.

21. ENFORCEMENT OF THE ACT………. • Adjudicating Officer of the State govt. • To impose penalty for offences • Shall have the powers of civil court Central / State govts. to establish one or more tribunals to attend to appeals • One member tribunal called Presiding Officer (District Judge) • Power to establish special courts for expedient hearing for offences relating to grievous injury or death FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

22. ENFORCEMENT OF THE ACT………. • Offences: • Causing food to be injurious • Abstracting any constituent • Deliberate adulteration • Nonconformance in Label • information etc., FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

23. ENFORCEMENT OF THE ACT………. Penalties: • Substandard food: Upto Rs. 2.00 lakhs • Misbranded: Upto Rs. 3.00 lakhs • Misleading advertisement : Upto Rs. 10.00 lakhs • Food with extraneous matter: Upto Rs. 1.00 lakhs • Fail to meet the requirements as directed by FSO: Upto Rs. 2.00 lakhs • Unhygienic / unsanitary preparations: Upto Rs. 1.00 lakhs • Adulterant not injurious to health: Upto Rs. 2.00 lakhs • Adulterant injurious to health: Upto Rs. 10.00 lakhs • Unsafe food – but does not cause immediate injury : 6 months imprisonmentwith fine of Rs.1.0 lakh FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

24. Penalties: • Unsafe food causing non-grievous injury : • 1 yearimprisonmentwith fine of Rs. 3.00 lakh • Compensation in case for injury : • upto Rs.1.00 lakh • Causing grievous injury : 6 yearsimprisonment with fine of Rs. 5.00 lakh • Compensation in case for grievous injury : • upto Rs.3.00 lakh • Causing death : 7 years or life imprisonment • and fine of Rs. 10.00 lakh • Compensation in case of death : • upto Rs. 5.00 lakh minimum

25. THE NEW REGIME OF FSS ACT WILL • ensure that only safe and wholesome foods are marketed, • take decisions based on science , • empower authorities to detect sources of contamination and to take action to prevent contaminated foods from reaching the consumer, • enforce Internationally accepted standards for food and food commodities, • enforce compliance by manufacturers, distributors, importers, exporters and other stakeholders and • be transparent and promote public confidence. FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

26. Visit us at www.fssai.gov.in FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA THANK YOU ! jpdongare@fssai.gov.in