1. LAWS AND REGULATIONS RELATED TO FOOD INDUSTRIES , AND FOOD
PRODUCTION AND MARKETING
Food laws and regulations
Objectives:
๏ท To meet a countryโs sanitary and psytosanitary requirements, food must comply with
the local laws and regulations to gain market access.
๏ท These laws ensure the safety and suitability of food for consumers.
๏ท In some countries food laws also govern food quality and composition standards
Factors on which it depends:
๏ท whether a country adopts international norms developed by the Codex Alimentarius
Commission of the Food and Agriculture Organization of the United Nations.
๏ท the World Health Organization or a country may also has its own suite of food
regulations
๏ท Each country regulates food differently and has its own food regulatory framework.
Food laws in India
The Indian Parliament has passed the Food Safety and Standards Act, 2006 that overrides
all other food related laws such as
๏ท The Prevention of Food Adulteration Act, 1954
๏ท The Fruit Products Order, 1955
๏ท The Meat Food Products Order, 1973
๏ท The Vegetable Oil Products (Control) Order, 1947
๏ท The Edible Oils Packaging (Regulation) Order, 1998
๏ท The Solvent Extracted Oil, De oiled Meal, and Edible Flour (Control) Order, 1967
๏ท The Milk and Milk Products Order, 1992
Prevention of food adulteration act, 1954
Definition of adulterant
Any material which is or could be employed for the purposes of adulteration.
Definition of food
Any article used as food or drink for human consumption other than drugs and water and
includes:
๏ท Any article which ordinarily enters into or is used in the composition or preparation of
human food
๏ท Any flavouring matter or condiments and
๏ท Any other article which the Central Government may having regard to its use, nature,
substance or quality, declare, by notification in the official gazette as food for the purpose
of this Act.
Objectives:
1. To protect the public from poisonous and harmful food
2. To prevent the sale of substandard foods
3. To protect the interests of the consumers by eliminating fraudulent practices.
Penalties :
2. Guilt will be punished with imprisonment for a term which shall not be less than six
months and upto 3 years and with fine upto one thousand rupees.
Fruit Product Order (FPO), 1955
Objectives
๏ท Fruit Products Order-1955, formed under Section 3 of the Essential Commodities Act
1955, with an objective to manufacture fruit & vegetable products maintaining sanitary
and hygienic conditions in the premises and quality standards laid down in the Order.
๏ท It is mandatory for all manufacturers of fruit and vegetable products including some non
fruit products like non fruit vinegar, syrup and sweetened aerated water to obtain a license
under this Order
Following minimum requirements are laid down in the Fruit Product Order for hygienic
production and quality standards:
(i) Location and surroundings of the factory
(ii) Sanitary and hygienic conditions of premises
(iii) Personnel hygiene
(iv) Portability of water
(v) Machinery & Equipment with installed capacity
(vi) Quality control facility & Technical staff
(viii) Product Standards
(viii) Limits for preservatives & other additives
Meat food products order (MFPO), 1973
Meat & Meat Products are highly perishable in nature and can transmit diseases from
animals to human beings.
Processing of meat products is licensed under Meat Food Products Order, (MFPO) 1973
which was hitherto being implemented by Ministry of food Processing industries.
Objectives :
The main objective is to regulate production and sale of meat food products through
licensing of manufacturers, enforce sanitary and hygienic conditions prescribed for
production of wholesome meat food products, exercise strict quality control at all stages
of production of meat food products, fish products including chilled poultry etc.
๏ท Under the provision of MFPO all manufacturers of meat food products engaged in the
business of manufacturing, packing, repacking, relabeling meat food products meant for
sale are licensed but excluding those manu063facturers who manufactures such products
for consumption on the spot like a restaurant, hotel, boarding house, snack bar, eating
house or any other similar establishment.
Milk and milk product order, 1922
๏ท The objective of the order is to maintain and increase the supply of liquid milk of
desired quality in the interest of the general public and also for regulating the production,
processing and distribution of milk and milk products.
๏ท As per the provisions of this order, any person/dairy plant handling more than 10,000
liters per day of milk or 500 MT of milk solids per annum needs to be registered with the
Registering Authority appointed by the Central Government.
๏ท In every case where the milk or milk product is packed by the holder of a registration
certificate in a tin, barrel, carton or any other container, the registration number shall
3. either be exhibited prominently on the side label of such container or be embossed,
punched or printed prominently thereon.
Essential commodity act, 1955
Objective
Ensure the easy availability of essential commodities to consumers and to protect them
from exploitation by unscrupulous traders.
This Act empowers the Central Government to:
i) regulate production, supply, distribution, storage, transport, etc.; and
ii) control price of commodities which have been declared under the Act, as essential
are provided for those who commit offences under the Act.
The Act was amended in 1986, empowering recognised Consumer Associations to make
a report in writing of any facts constituting an offence under the Act.
Implications of essential commodity act in current business scenario
๏ท It is a sort of restrictions on trade.
๏ท The Essential Commodities Act mandates that commodities that have been identified as
being โessential commoditiesโ can only be traded and stored by licensed holders.
However, legally, Negotiable warehouse receipt (NWR) is a negotiable instrument.
๏ท It is in the nature of an actionable claim representing a right to a commodity. Trading in
NWR will not be covered by ECA, until physical possession is sought. Only the last
transaction would have to comply with the provisions of the ECA.
Standards of Weights and Measures Act, 1977
๏ท Standards of Weights and Measures (Packaged Commodities) Rules, 1977 are
legislative measures are designed to establish fair trade practices with respect to packaged
commodities.
๏ท The rules prescribe that the basic rights of consumers regarding vital information about
the nature of the commodity, the name and address of the manufacturer, the net quantity,
date of manufacture, and sale price are provided on the label.
๏ท There are additional mandatory labeling requirements for food items covered under the
PFA. The Department of Consumer Affairs in the Ministry of Consumer Affairs, Food,
and Public Distribution is the regulatory authority and enforcement agency.
The vegetable oil products (control) order, 1947
๏ท According to this order, vegetable oil mean any hydrogenate oils, or mixed with any
other substance for edible purpose.
๏ท This order was used primarily to regulate the price, storage and movement of
hydrogenated oil by vanaspati industries
๏ท The order empowers the state level vegetable oil product controller to:
1. Specify packaging and labeling requirement for vegetable oil product
2. Specify the types of permit required for transportation of vegetable oil products by rail,
road or water
3. Prescribe maximum and minimum level of usage of vegetable oil in the manufacturing
of vegetable oil products.
4. Set maximum price that manufacturer could charge and allot quotas for different kind
of transaction.
5. Prohibit or restrict the manufacture, storage or sale of vegetable oil products, taking
into account availability of vegetable oils.
4. The solvent extracted oil, deoiled meal, and edible flour control order, 1967
๏ท This control order was designed to regulate oilseed solvent extraction and refining
industry to ensure consumer health and safety.
๏ท Key features of order are
1. Licensing of all firms engaged in oilseed solvent extraction or subcontracting of oilseed
processing with oilseed extraction firms.
2. Regulation of the manufacture, storage and sale of solvent extracted vegetable oils and
flours.
3. Specification of quality standard of solvent extraction products and by products.
4. Monthly reporting to the Controller of production, stock, sales, return and government
authority to search the plant and seize stock if warranted.
The edible oils packaging (regulation) order, 1998
๏ท This control order was designed in order to ensure availability of safe and quality edible
oils in packed form at pre-determined prices to the consumers.
๏ท Salient features of this orders are:
1. Edible oils including edible mustard oil will be allowed to be sold only in packed form
from 15th December, 1998.
2. Packers will have to register themselves with a registering authority.
3. The packer will have to have his own analytical facilities or adequate arrangements for
testing the samples of edible oils to the satisfaction of the Government.
4. Only oils which conform to the standards of quality as specified in the Prevention of
Food Adulteration Act, 1954 and Rules made there under will be allowed to be packed.
5. Each container or pack will have to show all relevant particulars so that the consumer
is not misled, so also the identity of the packer becomes clear.
6. Edible oils shall be packed in conformity with the Standards of Weights and Measures
(Packaged Commodities) Rules, 1977, and the Prevention of Food Adulteration Act, 1954
and Rules made there under.
7. The State Governments will have power to relax any requirement of the packaging
order for meeting special circumstances.
Food Safety and Standards Authority of India (FSSAI)
๏ท The Food Safety and Standards Authority of India (FSSAI) has been established under
Food Safety and Standards Act, 2006 which consolidates various acts & orders that have
hitherto handled food related issues in various Ministries and Departments.
๏ท FSSAI has been created 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.
Objectives of FSSAI
๏ท To consolidate the laws relating to food
๏ท To establish food safety and standards authority of India for laying down science
based standards for food
๏ท To regulate the manufacture, storage, distribution, sale & import of food products
๏ท To ensure availability of safe & whole food for human consumption
๏ท http://www.fssai.gov.in
5. Bureau of Indian Standards (BIS)
The Bureau of Indian Standards (BIS), the National Standards Body of India, resolves to
be the leader in all matters concerning Standardization, Certification and Quality.
Main Activities
๏ท Harmonious development of standardization, marking and quality certification
๏ท To provide new thrust to standardization and quality control.
๏ท To evolve a national strategy for according recognition to standards and integrating
them with growth and development of production and exports.
๏ท Certification To Product
๏ท Hallmarking of Gold Jewellery.
๏ท Quality Management System
๏ท Environmental Management Systems
๏ท Occupational Health and Safety Management System
๏ท Food Safety Management System
๏ท Hazard Analysis and Critical Control Points
๏ท Imported Products
๏ท Laboratory Management
๏ท International Activities
๏ท Training Services
AGMARK
The Directorate of Marketing and Inspection enforces the Agricultural Produce (Grading
and Marketing) Act, 1937. Under this Act Grade standards are prescribed for agricultural
and allied.
๏ท AGMARK is a Quality Certification Mark It ensures quality and purity of a product.
๏ท It acts as a Third Party Guarantee to Quality Certified.
๏ท Quality standards for agricultural commodities are framed based on their intrinsic
quality.
๏ท Food safety factors are being incorporated in the standards to complete in World Trade.