FOOD SAFETY AND STANDARDS ACT, 2006 The safety of food i

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FOOD SAFETY AND STANDARDS ACT, 2006

• The safety of food is vital to all consumers
  and food businesses.
• Consumers must have confidence that the food
  they buy and eat will be what they expect,
• Food will do them no harm and that they are
  protected from adulteration/fraud. The importance
  of this confidence cannot be underestimated for
  businesses.
• Although food safety legislation affects
  everyone in the country, it is particularly
  relevant to anyone working in the production,
  processing, storage, distribution and sale of
  food, no matter how large or small the business.
  This includes non-profit making organisations
  also.

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The new Act, Rules, and Regulations w.e.f. 5/8/11

1. Food Safety and Standard Act 2006
2. Food Safety and Standard Rules 2011
3. FOOD SAFETY AND STANDARDS (LICENSING AND
   REGISTRATION OF FOOD BUSINESSES), REGULATIONS
   2011
4. FOOD SAFETY AND STANDARDS (PACKAGING AND
   LABELLING) REGULATIONS, 2011
5. FOOD SAFETY AND STANDARDS (FOOD PRODUCTS
   STANDARDS AND FOOD ADDITIVES) REGULATIONS, 2011
   part I and II
6. FOOD SAFETY AND STANDARDS (PROHIBITION AND
   RESTRICTIONS ON SALES) REGULATIONS, 2011
7. FOOD SAFETY AND STANDARDS (CONTAMINANTS, TOXINS
   AND RESIDUES) REGULATIONS, 2011
8. FOOD SAFETY AND STANDARDS (LABORATORY AND SAMPLE
   ANALYSIS) REGULATIONS, 2011

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FOOD SAFETY AND STANDARDS ACT, 2006

• 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.
• 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.

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SALIENT FEATURE OF THE ACT

• Movement from multi-level and multi-department
  control to a single line of command
• FSSAI as a single reference point for all matters
  relating to Food Safety and Standards,
  Regulations and Enforcement
• Integrated response to strategic issues like
  Novel foods, Health Foods, Nutraceuticals, GM
  foods, international trade etc.
• Decentralisation of licensing for manufacture of
  food products
• Achieve high degree of consumer confidence in
  quality safety of food
• Investors friendly regulatory mechanism with
  emphasis on self regulations and capacity building

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SALIENT FEATURE OF THE ACT-

• Enforcement of the legislation by the State
  Governments/UTs through the State Commissioner
  for Food Safety, his officers and Panchayati
  Raj/Municipal bodies
• Emphasis on gradual shift from regulatory regime
  to self compliance through food safety management
  system.
• Consistency between domestic and international
  food policy measures without reducing safeguards
  to public health and consumer protection
• Adequate information dissemination on food to
  enable consumer to make informed choices.
• Compounding and Adjudication of cases to reduce
  Courts workload and expedite the disposal of
  cases
• Graded penalty depending upon the gravity of
  offences

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NEW PROVISIONS UNDER THE ACT

• Regulation of food imported in the country
• Provision for food recall
• Surveillance
• New enforcement structure
• Envisages large network of food labs
• New justice dispensation system for fast track
  disposal of cases
• Harmonization of domestic standards with
  international food standards
• Covering Health Foods, supplements,
  nutraceuticals

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NEW PROVISIONS UNDER THE ACT

• Issuing Licenses within a time frame of 2 months
• Provision of Improvement Notice by Designated
  Officers
• Compensation to Victims (for any case of Injury/
  Grievous injury/ Death)
• Reward to informer (informing about the
  violators adulteration etc.) by State Govt.
• No License for small food business operators
  only registration is mandatory
• Central licensing from Authority.

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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.

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ENFORCEMENT OF THE ACT
Authorities responsible for enforcement of
Act.- (1) The Food Authority and the State Food
Safety Authorities shall be responsible for the
enforcement of this Act. (2) The Food Authority
and the State Food Safety Authorities shall
monitor and verify that the relevant requirements
of law are fulfilled by food business operators
at all stages of food business. (3) The
authorities shall maintain a system of control
and other activities as appropriate to the
circumstances, including public communication on
food safety and risk, food safety surveillance
and other monitoring activities covering all
stages of food business. (4) The Food Safety
Officers shall enforce and execute within their
area the provisions of this Act with respect to
which the duty is not imposed expressly or by
necessary implication on some other authority.
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ENFORCEMENT OF THE ACT
(5) The Commissioner of Food Safety and
Designated Officer shall exercise the same powers
as are conferred on the Food Safety Officer and
follow the same procedure specified in this Act.
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PROPOSED STRUCTURE OF ENFORCEMENT AT STATE.
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ADJUDICATION AND FOOD SAFETY TRIBUNALS
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Commissioner of Food Safety

• Commissioner of Food Safety appointed by the
  State Government for implementation of food
  safety and standards and other requirement of the
  act. Shall perform following functions -
• Prohibit manufacture/storage/ distribution / sale
  of any article of food in the public interest.
• Carry out survey of food processing Units

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• Conducting or organizing training programmers for
  different segment of food chain for generating
  awareness on food safety
• Ensure an efficient and uniform implementation of
  standards
• Ensure high standards of objectivity,
  accountability, practicability, transparence and
  credibility
• Sanction prosecution for offences punishable with
  imprisonment

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Designated Officer

• Designated Officer appointed by the Commissioner
  Food Safety to be the in-charge of food safety
  administration of the area. Shall perform the
  following functions-
• to issue or cancel license of food business
  operators
• to prohibit the sale of any article of food

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• to receive report and samples of article of foods
  from Food Safety Officer under his jurisdiction
  and get them analyzed
• to make recommendations to the Commissioner of
  Food Safety for sanction to launch prosecutions
  in case of contraventions punishable with
  imprisonments

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• to sanction or launch prosecutions in cases of
  contraventions punishable with fine
• to maintain record of all inspections made by
  Food Safety Officers
• to get investigated any complaint in respect of
  contraventions of the provisions of act.
• to investigate any complaint which may be made
  in writing against the Food Safety Officer

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Food Safety Officer

• Food Safety Officer appointed by the Commissioner
  Food Safety for performing functions under the
  act.
• The Food safety Officer may take a sample of any
  food, or any substance, which appears to him to
  be intended for sale, or to have been sold for
  human consumption
• seize any article of food which appears to the
  Food Safety Officer to be in contravention of
  this Act or the regulations made there under

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• The Food Safety Officer may enter and inspect any
  place where the article of food is manufactured,
  or stored for sale,
• Seize Any adulterant found in the possession of a
  manufacturer or distributor of, or dealer,
• Seize any books of account or other documents

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Control on Advertisement

• This act provides for restriction on
  advertisement of any food which misleads or
  contravenes the provisions of the Act or the
  rules and regulations made there under.
• It also provides for prohibition as to any unfair
  trade practice for the purpose of promoting sale,
  supply, use and consumption of articles of food
  or adoption of any unfair or deceptive practice
  to mislead the public regarding the standards,
  quality, quantity, usefulness or giving of any
  guarantee of the efficacy that is not based on an
  adequate or scientific justification thereof.

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PROVISIONS RELATING TO IMPORT

• An imports of articles of food to be subject to
  this Act.-
• No person shall import into India-
• Any unsafe or misbranded or sub-standard food or
  food containing extraneous matter
• Any article of food for the import of which a
  licence is required under any Act or rules or
  regulations, except in accordance with the
  conditions of the licence and
• Any article of food in contravention of any other
  provision of this Act or of any rule or
  regulation made there under or any other Act.

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SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY

• Responsibilities of the food business operator.-
• (l) Every food business operator shall ensure
  that the articles of food satisfy the
  requirements of this Act and the rules and
  regulations made there under 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-
• Which is unsafe or
• Which is misbranded or sub-standard or contains
  extraneous matter or
• For which a licence is required, except in
  accordance with the conditions of the licence or
• 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

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SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY
(v) in contravention of any other provision of
this Act or of any rule or regulation made there
under. (3) food business operator shall not
employ any person who is suffering from
infectious, contagious or loathsome disease. (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 e.g. bill,
cash memo, or invoice etc.
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SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY

• Liability of Manufacturers, packers, wholesalers,
  distributors and sellers.-
• (l) 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 there under.
• (2) The wholesaler or distributor shall be liable
  under this Act for any article of food which is-
• supplied after the date of its expiry or
• stored or supplied in violation of the safety
  instructions of the manufacturer or
• unsafe or misbranded, or
• unidentifiable of manufacturer from whom the
  article of food have been received or
• stored or handled or kept in violation of the
  provisions of this Act, the rules and regulations
  made there under or
• received by him with knowledge of being unsafe.

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SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY

• (3) The seller shall be liable under this Act,
  for any article of food which is
• sold after the date of its expiry or
• (b) handled or kept in unhygienic conditions or
• (c) misbranded or
• (d) unidentifiable of the manufacturer or the
  distributors from whom such articles of food
  were received or
• (e) received by him with knowledge of being
  unsafe.

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SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY
Food recall procedures.- (l) If a food business
operators considers or has reasons to believe
that a food which he has processed, manufactured
or distributed is not in compliance with this
Act, or the rules or regulations, made there
under, he shall immediately initiate procedures
to withdraw the food in question from the market
and consumers indicating reasons for its
withdrawal and inform the competent authorities
thereof. (2) A food business operator shall
immediately inform the competent authorities and
co-operate with them, if he considers or has
reasons to believe that a food which he has
placed on the market may be unsafe for the
consumers.
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SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY

1. The food business operator shall inform the
   competent authorities of the action taken to
   prevent risks to the consumer and shall not
   prevent or discourage any person from
   co-operating, in accordance with this Act, with
   the competent authorities, where this may
   prevent, reduce or eliminate a risk arising from
   a Food.
2. Every food business operator shall follow such
   conditions and guidelines relating to food recall
   procedures as the Food Authority may specify by
   regulations.

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Quality Safety Regulations
The Path of Convergence of the Prevention of Food
Adulteration Act 1954 to the Food Safety and
Standards Act 2006.
Subject to content Provision under the FSS Act 2006
1 Total sections 101
2 Rules Rules published
3 Central Advising authority Food Safety and Standard Authority of India and Central Advisory Committee
4 Chairman P. I. Suvarthan.
5 Duties functions of Food Authority Prescribed u/s 16
6 State Authority Mr. H. G. Koshia, Commissioner of Food Safety, Food Drugs Control Administr5ation, Gujarat State.
7 Local Health Authority Designated officer (Appointed from present staff) (Section-36)
8 Enforcing staff Food Safety Officer (Appointed from present staff) (Section-37)
9 Sample Analizer Food Analyst ( Appointed from present staff) (Section-45)
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Quality Safety Regulations
The Path of Convergence of the Prevention of Food
Adulteration Act 1954 to the Food Safety and
Standards Act 2006.
Subject to content Provision under the FSS Act 2006
10 Food sample analytical laboratory Laboratories to be recognized by FSSAI and acriditiesed by NABL. Temporary relief is given.
11 No. of days for analysis 14 days from receipt of sample
12 Food Recall Procedure Yes, Section-28
13 Prohibition of Food Category of Unsafe Food added to adulterated, Misbranded and contravention of any other provisions (Section-26)
14 Liability of Food Seller Provision made for sale of expired food or handled or kept in unhygienic condition (Section-27)
15 Food Recall procedures Provision made under section 28 by which Food business operator can recall food if he believes that it contravenes provision of the act.
16 Food Safety Audit Recognition of organization or agency for food safety audit by the Food Authority.
17 Food sampling Divide a sample into 4 parts.
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Quality Safety Regulations
The Path of Convergence of the Prevention of Food
Adulteration Act 1954 to the Food Safety and
Standards Act 2006.
Subject to content Provision under the FSS Act 2006
18 Dispatch of sample 1 Part to The Food Analyst 2 Parts to the Designated officer Fourth part to the Accredited laboratory if requested by the Food business operator to the Food Safety Officer.
19 Penalty Penalty for selling food not of the nature or quality demanded, or substandard food (up to 5 lakh Rs.) Misbranded food (up to 3 lakh Rs.) Misleading advertisement (upt o 10 Lakh Rs.), Food containing extraneous matter (up to 1 lakh Rs.), Failure to comply with the directions of FSO (upto 2 lakh Rs.), Unhygienic processing (up to Rs. 1 lakh), possessing adulteration Not injurious up to 2 lakh injurious up to 10 lakh For no specific provision (up to 2.0 lakh Rs.)
20 Punishment Punishment for Unsafe food - Not injurious - Jail up to six months fine up to 1 lakh. Non grievous injury- Jail up to 1 year fine up to 3 lakh. Grievous injury- Jail up to 6 years and fine up to 5 lakh. Death - Jail more than 7 year up to life term and fine not less than 10 lakh.
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Quality Safety Regulations
The Path of Convergence of the Prevention of Food
Adulteration Act 1954 to the Food Safety and
Standards Act 2006.
Subject to content Provision under the FSS Act 2006
21 Punishment for subsequent offence twice the punishment of the 1st conviction. Further fine on daily basis which may extend up to 1.0 lakh where the offence is continuing one Cancellation of licence with publication.
22 Licensing Registration Provision for licence and new provision of registration introduced for petty business operators (Section-31)
23 Improvement notice Provision made under Section-32. DO shall give the notice to FBO to comply with the provision of the act.
24 Prohibition orders Any Food business operator is convicted of an offence the court may issue prohibitory order after hearing of FBO regarding use process, equipment, premises.
25 Surveillance Section 30(2) (b) Commissioner empowered - to carryout survey of industrial units.
26 Sanction for prosecution Sanction to be given by Commissioner of Food safety in offences punishable with imprisonment (Section 30 (2) (e)
27 Procedure for launching of prosecution. D.O. shall decide whether the offence is punishable with imprisonment or fine only after receiving report from Public Analyst, and shall forwarded with recommendation to Comm. of Food Safety for offences of imprisonment within 14 days of receipt of PA report. The Comm. shall give his consent and concerned F.I. shall launch prosecution.
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Quality Safety Regulations
The Path of Convergence of the Prevention of Food
Adulteration Act 1954 to the Food Safety and
Standards Act 2006.
Subject to content Provision under the FSS Act 2006
28 Appeal for Retest An appeal for against the report of Food Aalyst shall lie before the D.O. who shall decide that the sample be send to the referral laboratory or not for opinion. ( Section 46 (4) )
29 Power to Compound offences The Commissioner of Food Safety may by order may empower Designated Officer to accept from petty manufactures who himself manufacture and sell any article of food, retailers hawkers etc. against whom a reasonable belief exists for an offence, payment of a sum of money by way of composition of the offence ( Section 69 )
30 General provisions relating to penalty. - Fine upto Rs. 1.0 lakh relieve of custody. Guideline is given for quantum of penalty based on nature of contravention ( Section 49 )
31 Adjudication - The adjudicating officer after giving opportunity of hearing in the matter and if on such inquiry believes that the person has committed offence may impose such penalty as per section 49. - Adjudicating officer shall have the powers of a civil court.
32 Food Safety Appellate Tribunal To hear the appeals against the decision of the Adjudicating officer under Section 68.
33 Civil Court not to have jurisdiction No Civil court shall have jurisdiction to entertain any suit or proceeding in respect of matter which an Adjudicating officer or the Tribunal is empowered under FSSA Act. ( Section-72)
34 Provision of special court public prosecution State / Central Government empowered for it. ( Section 74 )
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Quality Safety Regulations
The Path of Convergence of the Prevention of Food
Adulteration Act 1954 to the Food Safety and
Standards Act 2006.
Subject to content Provision under the FSS Act 2006
35 Time limit for prosecution No court shall take cognizance of an offence under this act after the expiry of the period of 1 year from the date of offence (Section 72)
36 Reward by State Government The state Government may empower the commissioner to order payment of reward to be paid to a person. who renders assistance in the detection of the offence or the apprehension of the offender (Section 95)
37 Recovery of penalty shall be recovered as an arrear of land revenue and defaulter's licence shall be suspended till the penalty is paid (Section 96)
38 Milk and Milk Products order, 1992 Deemed to be regulations under this act (Section 99)
39 Infant Milk substitute, feeding bottles and Infant foods. Amendments to the infant milk substitutes, Feeding Bottles and Infand Food. (Regulation of production, Supply, ad Distribution Act 1992 included (Section 100)
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License - Under the purview of Central Licensing
Authority 3.2.2(3)
1 Dairy units gt50,000 liter of liquid milk/day or 2500 MT milk solid/year
2 Vegetable oil processing solvent extracting unit gt2 MT/day
3 Slaughter houses 50 large animals or gt150 small animals or .1000 poultry birds
4 Meat processing gt500 kg/day or .gt150 MT/ year
5 All food processing units including repackers other than above except grain, cereals pulses milling units gt2 MT/ day
6 100 EOU 7 All importers importing food
items for commerce use. 8 All Food Business
Operators manufacturing any article of food which
does not fall under any of the food categories
prescribed under regulations. 9 Retail chains
in 3 or more states 10 Food catering in
establishments units under Central Government
Agencies like Railway, Air, Seaport, and Defense
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