6 Food Standards – FSSAI

Dorothy Jaganathan

epgp books

 

 

 

 

1.  DEFINITION

 

Food Safety and Standards Act is an 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.

 

2.  OBJECTIVES

 

At the end of the lesson, you will be able to:

 

  • Know about the importance of Food Safety and Standards Act.
  • Know the functioning of Food Safety and Standards Authority of India.

3.  FOOD SAFETY AND STANDARDS ACT, 2006

 

The Act aims to establish a single reference point for all matters relating to safety and standards by moving from multi level, multi departmental control to a single command. The Food Safety and Standards Authority of India (FSSAI) and the State Food Safety Authorities shall enforce various provisions of the act. It extends to the whole of India. Food Safety and Standards Act, 2006 has become operational in the entire country from 5th August, 2011.

 

3.1.General principles of food safety

 

The Central Government, the State Governments, the Food Authority and other agencies, as the case may be, while implementing the provisions of the Act shall be guided by the following principles namely:

 

(a)endeavour to achieve an appropriate level of protection of human life and health and the protection of consumers’ interests, including fair practices in all kinds of food trade with reference to food safety and standards.

 

(b)carry out risk management which shall include taking into account the results of risk assessment, and other factors which in the opinion of the Food Authority are relevant to the matter under consideration and where the conditions are relevant, in order to achieve the general objectives of regulations.

 

(c) where in any specific circumstances, on the basis of assessment of available information, the possibility of harmful effects on health is identified but scientific uncertainty persists, provisional risk management measures necessary to ensure appropriate levels of health protection may be adopted, pending further scientific information for a more comprehensive risk assessment.

 

(d)the measures adopted on the basis of clause ( c) shall be proportionate and no more restrictive of trade than is required to achieve appropriate level of health protection, regard being had to technical and economical feasibility and other factors regarded as reasonable and proper in the matter under consideration.

 

(e) the measures adopted shall be reviewed within a reasonable period of time, depending on the nature of the risk of life or health being identified and the type of scientific information needed to clarify the scientific uncertainty and to conduct a more comprehensive risk assessment.

 

(f) in cases where there are reasonable grounds to suspect that a food may present a risk for human health, then depending on the nature, seriousness and extent of that risk, the Food Authority and the Commissioner of Food Safety shall take appropriate steps to inform the general public of the nature of the risk to health, identifying to the fullest extent possible the food or type of food , the risk that it may be present, the measures which are takenor about to be taken to prevent, reduce or eliminate that risk, and

 

(g) where any food which fails to comply with food safety requirements is part of a batch, lot or consignment of food of the same class or description, it shall be presumed until the contrary is proved, that all of the food in the batch, lot of consignment fails to comply with those requirements.

 

3.2.Areas covered by the present Act

 

This act was formulated after reviewing the food laws of various developing and developed countries and other relevant international agreements. The present emphasis is on the following:

 

3.2.1.  Use of food additives and processing aid

 

No article of food can contain any food additive or processing aid unless it is in accordance with the provisions of this Act and regulations made thereunder. In this context “processing aid” means any substance or material, not including apparatus or utensils and not consumed as a food ingredient by itself, used in the processing of raw materials, foods or its ingredients to fulfill a certain technological purpose during treatment or processing and that may result in the non intentional but unavoidable presence of residues or derivatives in the final product.

 

3.2.2.  Contaminants, naturally occurring heavy metals, etc

 

No article of food shall contain contaminant, naturally occurring toxic substances or toxins or hormone or heavy metals in excess of such quantities as may be specified by regulations.

 

3.2.3. Pesticides, veterinary drug residues, antibiotic residues and microbiological counts

  • No article of food shall contain insecticides or pesticides residues, veterinary dugs residues, antibiotic residues, solvent residues, pharmacological active substances and microbiological counts in excess of such tolerance limits as may be specified by regulations.
  • No insecticide shall be used directly on article of food except fumigants registered and approved under the insecticides Act, 1968 (46 of 1968).

 

The term “pesticide residues” means any specified substance in food resulting from the use of a pesticide and includes any derivatives of a pesticide, such as conversion products, metabolites, reaction products and impurities considered to be of toxicological significance and also includes such residues coming into food from environment while “residues of veterinary drugs” include the parent compounds or their metabolites or both in any edible portion of any animal product and include residues of associated impurities of the veterinary drug concerned.

 

3.2.4. Genetically modified foods, organic foods, functional foods, proprietary foods

 

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, nutraceuticals, health supplements, proprietary foods and such other articles of food that the Central Government may notify in this behalf.

 

(A)“Foods for special dietary uses or functional foods or nutraceuticals or health supplements” means:

 

(i)Foods that are specially processed or formulated to satisfy particular dietary requirements that exist because of a particular physical or physiological condition or specific diseases and disorders and that are presented as such wherein the composition of these food stuffs 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:

 

(a) 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;

 

(b) minerals or vitamins or proteins or metals or their compounds or aminoacids (in amounts not exceeding the recommended daily allowance) or enzymes (within permissible limits)

 

(c)  substances from animal origin;

 

(d) a dietary substance for use by human beings to supplement the diet by increasing the total dietary intake;

 

(ii)   (a) a product that is labelled as a “Food for special dietary uses or functional foods or nutraceuticals or health supplements or similar such foods” that 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;

 

(b) such product does not include a drug as defined in clause (b)and ayurvedic, siddha and unani drugs as defined in clauses (a) and (h) of section 3 of the Drugs and Cosmetics Rules, 1945;

 

  (c ) 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;

 

(d)  does not include a narcotic drug or a psychotopic substance as defined in the Schedule of the Narcotic Drugs and Psychotropic Substance Act, 1985(61 of 1985) and rules made thereunder and substances listed in Schedules E and E1 of the Drugs and Cosmetics Rules, 1945;

 

(B)“genetically engineered or modified foods” means food or 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.

 

(C ) “organic food” means food products that have been produced in accordance with specified organic production standards.

 

(D)“proprietary and novel food” means an article of food for which standards have not been specified but is not unsafe and provided that such food does not contain any of the foods and ingredients prohibited under this Act and the regulations made thereunder.

 

3.2.5.  Packaging and labelling of foods

 

It lays down the requirements for labeling of prepackaged foods. It is mandatory that every package of food should carry a label that bears all the information required under FSSR. The label should not carry a false misleading or deceptive description o presentation of the prepackaged food and the labeling should not create an erroneous impression regarding the character of food in any respect.

 

General requirements

  • Labels should be in English or Hindi in Devanagari script;
  • Label in pre packaged foods shall be applied in such a manner that they will not become separated from the container;
  • Contents on the label shall be clear, prominent, indelible, and readily and readily legible by the consumer under normal conditions of purchase and use;
  • Where the container is covered by the wrapper, the wrapper shall carry the necessary information or the label on the container shall be readily legible though the outer wrapper and not obscured by it.

Labels must carry:

 

ü  Name of the food

ü  List of ingredients in descending order

ü  Nutritional information

ü  Name and complete address of the manufacturer

ü  Net content by weight or volume

ü  Lot number/Batch identification

ü  Date of manufacturing/packing

ü  Best before date

ü  Veg/Non veg logo of appropriate dimensions

 

List of ingredients:

  • If the ingredient is a product of two or more ingredients, ingredient declaration shall be accompanied by a list, of its ingredients in descending order of weight or volume.
  • Every package of food sold as a mixture or combination shall disclose the percentage of ingredients used at the time of the manufacture of the food if such ingredient is:

    (i) Emphasized as present on the label through words or pictures or graphics or

(ii)  Not within the name of the food but is essential to characterize the food and is expected to be present in the food by consumers and if the omission of the quantitative ingredient will mislead or deceive the consumer.

  •  A compound ingredient constituting less than five percent of the food other than food additive need not be declared. Disclosure of such ingredient is not required if the ingredient is used as a flavouring agent.

Nutritional information:

  • Nutritional information is the declaration of the composition of the food. It is mandatory for all foods sold.
  • It should always be stated in numerical terms per 100 grams or 100 ml or per serving of the food on the label. For declaration made per serving, the amount in grams or ml should be mentioned beside the serving measure.
  • The declaration should compulsorily comprise of the following:
  1.  Energy value in kilocalories
  2. Protein, fat and carbohydrate along with sugar quantity in grams
  3. Amount of any other nutrient for which a nutrition/health claim is made o The amount of vitamins and minerals in metric units
  • Food claimed to be enriched with nutrients such as minerals, proteins, etc shall give the quantities of such added nutrients on the label.
  • When the claim is made on the amount or type of fatty acid or the amount of cholesterol, the amount of saturated fatty acids, monounsaturated fatty acids and poly unsaturated fatty acids in grams and cholesterol in mgms should be declared. Along with this, the amount of trans fatty acids in grams should also be stated.

 

3.2.6.  Restrictions on advertisements and prohibition as to unfair trade practices

 

(a)No advertisement shall be made of any food which is misleading or deceiving or contravenes the provision of this Act, the rules and regulations made thereunder.

 

(b) No person can engage himself in any unfair trade practice for purpose of promoting the sale, supply, use and consumption of articles of food or adopt any unfair or deceptive practice including the practice of making any statement, whether orally or in writing or by visible representation which

 

(i) Falsely represents that the food s are of a particular standard, quality, quantity or grade-composition;

(ii) Makes a false or misleading representation concerning the need for or the usefulness;

(iii)Gives to the public any guarantee of the efficacy that is not based on an adequate or scientific justification thereof.

 

3.2.7.  Provisions relating to import

 

All imports of articles of food will be subject to this act. The Central Government shall, while prohibiting, restricting or otherwise regulating import of articles of food under the Foreign Trade (Development and Regulation) Act,1992, follow the standards laid down by the Food Authority under the provisions of this Act and the rules and regulations made thereunder. No person shall import into India

 

(i)   any unsafe or misbranded or sub standard food or food containing extraneous matter;

(ii)   any article of food fo the import of which a license is required under any Act or rules, except in accordance with the conditions of this license; and

(iii)    any article of food in contravention of any other provision of this Act or of any rule or regulation made thereunder or any other Act.

 

3.3.  Special responsibilities for food safety

 

3.3.1. Responsibilities of the Food Business Operator

  1. Every food business operator shall ensure that the articles of food satisfy the requirements of this Act and the rules and regulations made thereunder at all stages of production, processing, import, distribution and sale within the businesses under his control.
  2. No food business operator shall himself or by any person on his behalf manufacture, store, sell or distribute any article of food

(i)   which is unsafe; or

(ii)   which is misbranded or sub standard or contains extraneous matter; or

(iii)for which a license is required, except in accordance with the conditions of the license; or

(iv)which is for the time being prohibited by the Food Authority or the Central Government or the State Government in the interest of public health; or

(v)in contravention of any other provision of this effect or of any rule or regulation made therunder.

 

3. No food business operator shall employ any person who is suffering from infectious or contagious diseases.

 

4. No food business operator shall sell or offer for sale any article of food to any vendor unless he also gives a guarantee in writing in the form specified by regulations about the nature and quality of such article to the vendor.

 

5. Where any food that is unsafe is part of a batch, lot or consignment of food of the same class or description, it shall be permitted that all the food in that batch, lot or consignment is also unsafe, unless following a detailed assessment within a specified time, it is found that thee is no evidence that the rest of the batch, lot o consignment is unsafe.

 

3.3.2. Liability of Manufacturers, Packers, Wholesalers, Distributors and Sellers

 

1. The manufacturer or packer of an article of food shall be liable for such article of food if it does not meet the requirements of this Act and the rules and regulations made thereunder.

 

2.The wholesaler or distributor shall be liable under this Act for any article of food which is

 

(a) supplied after the date of its expiry; or

(b)stored or supplied in violation of the safety instructions of the manufacturer; or

(c) unsafe or misbranded; or

(d) unidentifiable of the manufacturer o the distributors from whom such articles of food were received; or

(e) stored or handled or kept in violation of the provisions of this Act, the rules and regulations made thereunder; or

(f)  received by him with knowledge of being unsafe.

 

3. The seller shall be liable under this Act for any article of food which is

 

(a) sold after the date of its expiry; or

(b) handled or kept in unhygienic conditions; or

(c) misbranded; or

(d) unidentifiable of the manufacturer o the distributors from whom such articles of food were received; or

(e) received by him with knowledge of being unsafe.

 

4. FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA (FSSAI)

 

The FSSAI is a single point of reference for all matters relating to food safety and standards in India. FSSAI constitutes representations from food industries, food technologists, producers, retailers, consumers, farmers, State Governments and concerned Ministries.

 

The FSSAI is an agency of the Ministry of Health and Family welfare, Government of India. The FSSAI is responsible for protecting and promoting public health though the regulation and supervision of food safety. The FSSAI has been established under the Food Safety and Standards Act, 2006, which is a consolidating statute related to food safety and regulation in India.

 

The FSSAI is led by a Chairperson appointed by Central Government from amongst the persons of eminence in the field of food science or from amongst the persons from the administration who have been associated with the subject and is either holding or has held position of not below the rank of Secretary to the Government of India. The FSSAI has its headquarters in New Delhi. The agency also has five regional offices located at Delhi, Guwahati, Mumbai, Kolkatta and Chennai, four referral laboratories and seventy two local laboratories located throughout India.

 

4.1.Duties and functions of Food Authority

 

1.It shall be the duty of the Food Authority to regulate and monitor the manufacture, processing, distribution, sale and import of food so as to ensure safe and wholesome food.

 

2. Without prejudice to the provision of sub section (1), the Food Authority may specify:

 

(a)the standards and guidelines in relation to article of food and specifying an appropriate system for enforcing various standards notified under this Act;

 

(b) the limits for the use of food additives, crop contaminants, pesticide residues, rsesidues of veterinary drugs, heavy metals, processing aids, mycotoxins, antibiotics and pharmacological active substances and irradiation of food;

 

(c) the mechanisms and guidelines for accreditation of certification bodies engaged in certification of food safety management systems for food businesses;

 

(d)the procedure and the enforcement of quality control in relation to any article of food imported into India;

 

(e)the procedure and guidelines for accreditation of laboratories and notification of the accredited laboratories;

 

(f)  the method of sampling, analysis and exchange of information among enforcement authorities;

 

(g) conduct survey of enforcement and administration of this Act in the country;

 

(h) food labeling standards including claims on health, nutrition, special dietary uses and food category system for foods; and

 

(i) the manner in which and the procedure subject to which risk analysis, risk assessment, risk communication and risk management shall be undertaken,

 

3.  The Food Authority shall also:

 

(a)  Provide scientific advice and technical support to the Central Governments and the State governments in matters of framing the policy and rules in areas which have a direct or indirect bearing on food safety and nutrition;

(b) Search, collect, collate, analyse and summarise relevant scientific and technical data particularly relating to :

(j)   food consumption and the exposure of individuals to risks related to the consumption of food;

 

(ii)    incidence and prevalence of biological risk;

(iii)  contaminants in food;

(iv)  residues of various contaminants;

(v)  identification of emerging risks; and

(vi) introduction of rapid alert system;

 

(c) promote, coordinate and issue guidelines for the development of risk assessment methodologies and monitor and conduct and forward messages on the health and nutritional risks of food to the Central Government, State Government and Commissioners of Food Safety;

 

(d) Provide scientific and technical advice and assistance to the Central Government and the State Governments in implementation of crisis management procedures with regard to food safety and to draw up a general plan for crisis management and work in close cooperation with the crisis unit set up by the Central Government in this regard;

 

(e)  Establish a system of network of organizations with the aim to facilitate a scientific cooperation network by the coordination of activities, the exchange of information, the development and implementation of joint projects, the exchange of expertise and the best practices within the fields within the Food Authority’s responsibility;

 

(f) Provide scientific and technical assistance to the Central Government and the State Governments fo improving cooperation with international organizations;

 

(g)  Take all such steps to ensure that the public, consumers, interested parties and all levels of panchayats receive rapid, reliable, objective and comprehensive information though appropriate methods and means;

 

(h) Provide whether within or outside the area, training programmes in food safety and standards for persons who are oriented to become involved in food businesses, whether as food business operators, employees or otherwise;

 

(i)   Undertake any other task assigned to it by the Central Government to carry out the objects of this act;

 

(j)   Contribute to the development of international technical standards for food, sanitary and phyto sanitary standards;

 

(k)  Contribute, where relevant and appropriate, to the development of agreement on recognition of the equivalence of specific food related measures;

 

(l) Promote coordination of work on food standards undertaken by international governmental and non governmental organizations;

 

(m) Promote consistency between international technical standards and domestic food standards while ensuring that the level of protection adopted in the country is not reduced; and

 

(n)   Promote general awareness as to food safety and food standards.

 

4.2.General provisions relating to offences

 

1.  A person may render any article of food injurious to health by means of one or more of the following operation, namely:

 

(a)    Adding any article or substance to the food;

(b)   Using any article or substance as an ingredient in the preparation of the food;

(c)    Abstracting any constituents from the food; or

(d)   Subjecting the food to any other process of treatment, with the knowledge that it may be sold or offered for sale or distributed for human consumption.

 

2.  In determining whether any food is unsafe or injurious to health, regard shall be had to:

 

(a) (i) the normal conditions of use of the food by the consumer and its handling at each stage of production, processing and distribution;

 

(ii) the information provided to the consumer, including information on the label, or other information generally available to the consumer concerning the avoidance of specific adverse health effects from a particular food or category of foods not only to the probable, immediate, or short term or long term effects of that food on the health of a person consuming it, but also on subsequent generations;

(iii) to the probable cumulative toxic effects;

(iv) to the particular health sensitivities of a specific category of consumers where the food is intended for that category of consumers; and

(v) also to the probable cumulative effect of food substantially the same composition on the health of a person consuming it in ordinary quantities;

(b) The fact where the quality or purity of the article, being primary food, has fallen below the specified standard or its constituents are present in quantities not within the specified limits of variability, in either case, solely due to natural causes and beyond the control of human agency, then such article shall not be deemed to be unsafe or sub standard or food containing extraneous matter.

  1. SUMMARY

Food standards have been formulated in the interest of the public, to protect them from consuming improperly handled food and thereby prevent food borne illness from spreading. The function of the regulatory agencies is to ensure the wholesomeness of food and maintenance of sanitary conditions during its preparation, service, transportation and storage. These agencies work in the interest of the public and play a vital role in protecting their health.

you can view video on Food Standards – FSSAI

 

Books

 

  • Arora.R.K., Food and Beverage laws, APH publishing Corporation, 2009
  • Suretra Kodey, Food Hygeine and Sanitation, Tata McGraw Hill, 2011
  • Srilakshmi.B., Food Science, Sixth Edition, New Age Internationbal Piblishers Limited, 2015
  • Mohini Sethi & Surjeet Malhan, Catering Management-An integrated approach, New Age International Publishers Limites, 2014

Web links

 

  • www.ifelsd.org
  • www.wbard.gov.in
  • www.fssai.gov.in
  • www.grandwayfood.com
  • www.cipti.org
  • www.iprlawindia.com
  • www.foodsafetyhelpline.com