The document discusses India's Food Safety and Standards Act of 2006. It notes that previously there were nine different laws governing the food sector administered by different ministries, which led to overlapping regulations. The new Act aimed to consolidate these laws, harmonize standards with international laws, and establish the Food Safety and Standards Authority of India to set science-based standards. It outlines the roles and responsibilities of various bodies established under the Act to regulate and enforce food safety standards across India.
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
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
3. INDIAN
FOOD LAWS
Prevention of Food Adulteration Act
1954 and Rules
Department of Health
Ministry of Health and Family Welfare
Fruit Products Order
Ministry of Food
Processing Industries
Milk and Milk Products Order
Department 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
Export (Quality Control &
Inspection) Act
Department of Commerce
Ministry of Commerce & Industry
CAUGHT IN THEWEB
Meat Products Order
Ministry of Food
Processing Industries
4. THE ACT……………
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
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.
5. FEATURES OF THE ACT……………
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
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.
6. SCOPE OF THE ACT……………
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
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.
7. FUNCTIONS OF AUTHORITY (SEC 16)……………
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
•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
9. ROLE OF STATE AS PER THE ACT….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
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.
10. ROLE OF STATE AS PER THE ACT….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
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
11. ROLE OF STATE AS PER THE ACT….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
ROLES & RESPONSIBILITIES OF FOOD SAFETY OFFICER
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 to be
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….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
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 along with fees.
Renewal of license 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.
13. LICENSING AND REGISTRATION OF FOOD
BUSINESS….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
Central Licensing
Authority
State Licensing
Authority
Registering
Authority
Designated Officer
appointed by the
Chief
Executive Officer of
the
FSSAI
in his capacity of Food
Safety Commissioner
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
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.
14. LICENSING AND REGISTRATION OF FOOD BUSINESS….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
Registration required for the Food Business
Operator, who – state licensing
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
15. LICENSING AND REGISTRATION OF FOOD BUSINESS….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
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.
16. LICENSING AND REGISTRATION OF FOOD BUSINESS….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
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.
17. LICENSING AND REGISTRATION OF FOOD BUSINESS….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
CENTRAL
LICENSING
AUTHORITY
FSSAI
Head
Quarters
(Licensing)
ZONAL
DIRECTORS &
OTHER
OFFICERS (for
inspections &
Monitoring)
STATE GOVERNMENT
COMMISSIONER OF FOOD SAFETY
34 STATES/UT
LICENSING
AUTHORITY
FOOD SAFETY OFFICER
(for Inspection and
Monitoring Food Business
operators)
DESIGNATED OFFICER
LICENSING AUTHORITY
• City municipal
corporation,
• town Panchayat,
• Gram panchayat
CHIEF EXECUTIVE OFFICER,
FSSAI
REGISTRATION
AUTHORITY
18. PROCEDURE FOR REGISTRATION OF
FOOD BUSINESS….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
Filing of an Application
Processing of Application
Either grant or reject
Registration Certificate,
Issue notice for
inspection
After the Inspection grant
the registration
Application
Form A
Fees Rs 100/-
Within 7 days of
receipt of
application
Within a period of
30 days
Food Business operator
may start business
If no response
19. PROCEDURE FOR LICENSING OF FOOD
BUSINESS….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
Filing of an Application
unique application
number
Require additional
information on incomplete
Application
Application
Form B
Documents + Fees
Inspection of premises after
receiving completed
application & issue inspection
report
Either grant or reject the
license Within 60 days of
receipt of completed
application or within 30 days
of inspection
FBO may
start the
business
after 60
days
Suspension
Improvement
Notice
Cancelation
No inspection
No improvement
No improvement
Fresh application
After 90 days
20. ADJUDICATION AND FOOD SAFETY
TRIBUNALS…….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
ADJUDICATING
OFFICER
FOOD SAFETY
APPELLET
TRIBUNAL
SPECIAL
COURTS
State Govt. to notify
Adjudicating Officer
not below the rank
of Addl. District
Magistrate.
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
21. ENFORCEMENT OF THE ACT……….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
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
22. ENFORCEMENT OF THE ACT……….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
Offences:
Causing food to be injurious
Abstracting any constituent
Deliberate adulteration
Nonconformance in Label information
etc.,
23. ENFORCEMENT OF THE ACT……….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
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
imprisonment with fine of Rs.1.0 lakh
Penalties:
24. Unsafe food causing non-grievous injury : 1 year
imprisonment with fine of Rs. 3.00 lakh
Compensation in case for injury : upto Rs.1.00lakh
Causing grievous injury : 6 years imprisonment 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
Penalties:
ENFORCEMENT OF THE ACT……….
FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
25. FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
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.
26. FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
1. General requirements
2. Raw materials
3. Water and ice
4. Formulations
5. Preparation and processing
6. Transportation, handling and storage of
prepared food
7. Personnel hygiene
8. Vending/selling units, equipments and
utensils
9. Requirements at the point of sale
10. Environment & surroundings
11. Cleaning and sanitizing
12. Waste disposal and pest control
27. FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
1. Display of license/Notices/Certificates etc.
2. Knowledge of food handling practices.
3. Regular health status monitoring of food handlers.
4. Food safety messages depending on type of food being
sold.
5. Special instructions on product (food being sold), if
needed.
28. FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
Raw materials are of great importance as biological, chemical
or physical hazards that may be introduced at initial stage
may persist through preparation and processing.
Precautions needed are:-
Obtain raw materials from reliable and known dealers. Do
not purchase from illegal/unauthorized dealers. (e.g. illegal
slaughter houses etc.)
Check for visible deterioration and off odour, Sort food
ingredients to segregate materials which are evidently unfit
for human consumption.
Look for temperature abuse, especially for frozen food, live
signs of thawing. (e.g.water droplets on the product, textural
changes etc.).
29. FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
Examine for physical hazards & chemical hazards is
very difficult without laboratory examination but some
idea may be generated by checking colours, olfactory
signs, textures etc.
Packaged food products must be checked for ‘expiry
date’/ ‘best before’ /’Use by’date, packaging integrity
and storage conditions.
Proper rotation of all raw materials and finished
materials should be undertaken on
FIFO (First In First Out),
FEFO (First Expired First Out) and
FMFO (First Manufactured First Out) basis.
Raw materials once procured should be carefully
stored to avoid accidental exposure to unwanted
contaminants
30. FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
• Use of safe water is critical as unsafe water will
lead to contamination (particularly biological) of
safe water making it unsafe. Water to be used for
all the following purposes need to be safe and free
of any contamination.
• Ice is of equal importance as freezing does not
remove chemical hazards and also several types of
biological hazards. Contaminated ice will
introduce hazards to foods and beverages when
added.
• Hence, precautions
• Proper labelled water storage tanks and pipe lines
• Potable water should be used for manufacturing
beverages
31. FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
For some special types of foods with high levels of salts, sugar, acid or
low moisture special attention must be given by both food seller as well
as the Authorities.Monitor critical limits through taste, appearance,
textures, odour, mixing time, pH,water level etc.
• Keep the consumer informed by displaying the ingredients, indicative
of possible allergens (Milk, egg, fish, Crustacean shellfish, nuts, wheat
gluten, peanuts and soya proteins), high sugar etc. for health reasons.
Precautions needed are:-
Food should be properly protected after cooking, from all possible
sources of contamination. If the prepared food is to be seasoned with
uncooked ingredients (e.g. fresh coriander, lettuce etc.), do not
expose the food to excessive contact with these ingredients, in time
or temperature, before consumption.
Sandwiches should preferably be prepared at the moment of
consumption.
Fresh salads and fresh fruit dishes should preferably be seasoned
at time ofconsumption.
32. FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
Precautions needed are: -
Avoid direct and indirect contact between raw and cooked
food.
Clean hands, clean and unsoiled equipment, clean work
surfaces and any other place with which the food is coming in
contact, should be used. If frozen foods are to be used, they
should be thawed well before cooking to ensure adequate heat
penetration.
For any type of cooking (boiling, frying, grilling, baking etc.)
cooking should be thorough and adequate with temperature
reaching at least 70 degree Celsius of each and every part of
the food to ensure proper heat penetration.
Salads should be kept below 50 degree celsius from
preparation to final consumption.
Food should not be overcooked (e.g. charring) leading to
chemical hazards.
Re- use of cooking oil should be avoided.
33. FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
Precautions needed are: -
Avoid direct and indirect contact between raw & cooked food.
Clean hands, clean and unsoiled equipment, clean work
surfaces and any other place with which the food is coming in
contact, should be used. If frozen foods are to be used, they
should be thawed well before cooking to ensure adequate heat
penetration.
For any type of cooking (boiling, frying, grilling, baking etc.)
cooking should be thorough and adequate with temperature
reaching at least 70 degree Celsius of each and every part of
the food to ensure proper heat penetration.
Salads should be kept below 50 degree celsius from
preparation to final consumption.
Food should not be overcooked (e.g. charring) leading to
chemical hazards.
Re- use of cooking oil should be avoided.
34. FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
Hygienic and safe transportation, handling and storage of
prepared food is essential to
prevent contamination of a safe prepared food, ready for
direct consumption.
The hygiene and health of all food handlers (persons who
prepare/sell) are essential to keep
food safe. Physical hazards like wearing of jewellery,
having bandages on or careless attitudeshould also be
avoided.
35. FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
Design, construction and maintenance of all food related
equipments, utensils and units should be such that they can be
cleaned and sanitized totally , should be made of safe material
and stored properly after drying.
Hence, Precautions needed are:-
1) Properly designed and constructed equipment/utensils should
be used to ensure effective cleaning and sanitizing.
2) All equipment/utensils should be made of non-absorbent food
grade material.
3) Utensils etc. used for raw food should be separated from that
of prepared foods and should be sanitized properly before each
use.
4) Single-use/disposable items such as straws, paper towel,
disposable cups and plates shall not be reused.
5) Re-usable serving utensils/items should be in good condition
and should be was
36. FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
Vendors may be classified into high risk and low risk groups for
giving proper and targeted education, training and motivation and
also for proper monitoring and auditing by regulatory
bodies.
PRECAUTIONS …..
1) Sold in a clean and dry place, protected from dust, wind, rain,
strong sun and flies &
insects.
2) Should be away from all animal and human waste.
3) Animals should not be allowed in the vicinity.
4) All food and beverages should be kept properly covered at all
times.
5) Counter display of cold foods should be at 5 0C or below and hot
foods at 60 0C or
above.
6) Food left at ambient temperature for more than 2 hours should be
discarded.
7) Disposable gloves shall be used only once.
37. FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
It should be ensured that food procured and prepared hygienically
do not get contaminated due to an unclean and unhygienic
environment, hence, all areas used for preparation and display and
sale of food should have clean surroundings.
Hence, the Precautions needed are: -
1) The food preparation and selling areas are clean, dry, well lit and
hygienic with proper ventilation system in place and should be in an
airy environment and not in a damp
and wet place.
2) All wastes should be taken from these areas regularly.
3) There should be no open drains, garbage stacks or public latrines
near the area.
4) In the food establishment, the toilet should not open directly into
the food processing,
display or selling area.
5) No one should be allowed to spit or wash hands/face/body near
the area
38. FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
Cleaning and sanitizing at every point of the preparation
chain has to be ensured by using proper cleaning agents,
methods and cleaning schedules.
Food contact surfaces (direct – equipments, utensils,
crockery etc.) should be kept clean and disinfected.
Other areas and surfaces (e.g. racks, chimneys, door
knobs, burner heads, drip trays etc.) which are not
coming in direct contact with food should be kept
clean and disinfected wherever required.
39. FOOD
SAFETY
AND
STANDARDS
AUTHORITY
OF
INDIA
Waste disposal (organic and other) is critical to keep food and
beverage safe at every point of
the chain, waste at no point should come in contact with the
food directly or indirectly
(through flies, insects etc.)
Hence, it has to be Ensured that –
1) Biodegradable and non-biodegradable wastes should be
separated right at the point of putting them into the bins.
2) Liquid and solid wastes should be separated right at the
point of putting them into the bins.
3) Waste should be suitably disposed of as per law.
4) All garbage cans should be covered, cleaned daily,
sanitized and collected at an assigned collection point at a
public garbage collection