Title: FOOD SAFETY AND STANDARDS ACT, 2006 The safety of food i
1 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.
2 The new Act, Rules, and Regulations w.e.f. 5/8/11
Food Safety and Standard Act 2006
Food Safety and Standard Rules 2011
FOOD SAFETY AND STANDARDS (LICENSING AND REGISTRATION OF FOOD BUSINESSES), REGULATIONS 2011
FOOD SAFETY AND STANDARDS (PACKAGING AND LABELLING) REGULATIONS, 2011
FOOD SAFETY AND STANDARDS (FOOD PRODUCTS STANDARDS AND FOOD ADDITIVES) REGULATIONS, 2011 part I and II
FOOD SAFETY AND STANDARDS (PROHIBITION AND RESTRICTIONS ON SALES) REGULATIONS, 2011
FOOD SAFETY AND STANDARDS (CONTAMINANTS, TOXINS AND RESIDUES) REGULATIONS, 2011
FOOD SAFETY AND STANDARDS (LABORATORY AND SAMPLE ANALYSIS) REGULATIONS, 2011
3 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,
Milk and Milk Products Order, 1992
Any order under Essential Commodities Act, 1955 relating to food.
4 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
5 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
6 NEW PROVISIONS UNDER THE ACT
Regulation of food imported in the country
Provision for food recall
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
7 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.
8 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.
9 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. 10 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. 11 PROPOSED STRUCTURE OF ENFORCEMENT AT STATE. 12 ADJUDICATION AND FOOD SAFETY TRIBUNALS 13 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
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
15 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
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
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
18 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
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
20 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.
21 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.
22 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
23 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. 24 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.
25 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.
26 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. 27 SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY
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.
Every food business operator shall follow such conditions and guidelines relating to food recall procedures as the Food Authority may specify by regulations.
28 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) 29 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. 30 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. 31 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. 32 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 ) 33 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) 34 (No Transcript) 35 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 36 (No Transcript) 37 (No Transcript) 38 Thanks