Food Laws

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28.

1 Introduction

Food may be contaminated or adulterated and may injurious to health due to various
reasons. It is essential to set the minimum limits of the desirable characteristics
required and the maximm limits of the undesirable components.
Food Lavws are for the following reasons:
To maintain the quality of the food produced in the country.
" To prevent exploitation of the consumers by the sellers.
" To safeguard the health of the consumers.
. To estalblish criteria for quality of the food products
Most common standards are:

Legal Standards: These are established by federal, central, state or municipal agencies
and are generally mandatory. These are set up by the law or through regulation. They
generally concerned with freedom from adulteration.
Company or Voluntary Standards: These are established by various segments of the
food industry. These standards generally represent consumer image and become
symbol of product quality. These are used by private firms or supermarkets.
Industry Standards: These standards are established by an organizational group to
maintain the quality of the given commodity. These standards become effective by
pressure where other legal standards are not involved.
Consumer or Grade Standards: These standards represent consumer's requirements
of the product and generally based on the experience of the industry for consumers.

2 Bureauof Indian Standards (BIS):


BIS certification scheme is voluntary and aims at providing quality, safety and
dependability to the ultimate consumer. Presence of certification mark known as
Standard Mark on a product is an assurance of conformity to specifications The
activities of Bureau of Indian Standards (BIS) are formation of Indian Standards in
the processed food sector and the implementation of standards through promotion, voluntary
and third party certification systems. In general these standards cover raw materials and
their quality parameters, hygienic conditions under which products are manufactured and
packaging and labeling requirements. Manufacturers complying with standards laid down by
the BIS can obtain the ISI Mark that can be exhibited on product packages. These standards
have higher quality specifications than those prescribed under AGMARK and FSSAI.
The BIS has laid down specification for mineral water and packaged drinking water and is the
licensing authority for the manufacture of mineral water and packaged drinking water in
India. IS Standards have been laid down for fruit and vegetable products, spices and
condiments, animal products and processed foods. The products are checked for quality by
the BIS in their own network of testing laboratories or in several public and private
laboratories recognized by them. Under BIS many of the standards are laid dowWn based upon
ISO (International Organization for Standardization) standards which is a worldwide
federation of National Standard Bodies.
28.2.1 Constitution of the Bureau: The Bureau consist members such as the Minister in
charge of the Ministry, Minister of State, the Director-General of the Bureau, persons
representing the Ministries, state Governnments, recognized consumer organizations, farmers,
industry and trade, research institutions, technical, educational and professional
organizations etc.
28.2.2 Powers and Functions of the Bureau
28.2.2.1 Establishment, Publication and Promotion of Indian Standards: For the
purpose of formulation of Indian Standards in respect of articles or processes, technical
committees of experts are constituted. Such committees may include Division Councils,
Sectional Committees, Sub-committees and Panels and each of these councils have
specified functions
28.2.2 Powers and Functions of the Bureau

28.2.2.1 Establishment. Publication and Promotion of Indian Standards: For the


purpose of formulation of Indian Standards in respect of articles or processes, technical
committees of experts are constituted. Such committees may include Division Councils,
Sectional Committees, Sub-committees and Panels and each of these councils have
specified functions.
28.2.2.2 Procedure for Establishment of Indian Standards: Any Ministry of Central or
State Government, consumer organizations, industrial units, industry-associations,
professional bodies, can submit proposals to the Bureau for establishing a standard or for
revising, amending, a standard by making a request in writing. Division Council
concerned will assign the task of formulating the standard to an appropriate Technical
Committee. Later a draft standard prepared and duly approved by a Committee shall be
issued and widely circulated for a period of not less than one month amongst the various
interests concerned for critical review and suggestions for improvement. The appropriate
Technical Committee shall thereafter finalize the draft standard giving due consideration
to the comments that may be received. The draft standard shall be submitted to the
Chairman of the Division Council concerned for adoption. All established standards shal
be reviewed periodically, at least once in five years, to determine the need for revision or
withdrawal. Standards which there is need to revise or amendment shall be reaffirmed.

Indian Standards on Food Safety


Product Standards Process Standards
Examples

Voluntary
Eampies Mandatory
Examples
1s150 22000- 2005
Food satty manag
IS 5346: 1994 Is 1165: 2002 systems
Ma powder rganizaon in the food
Synthetc food colour .
Preparatons and mtures IS 1656: 2007
chain
caton (second Is 16019: 2012
Mlcereal based weaning
revision) toods Food Retal Management
IS 4467 : 1994 Basic Requirements
IS 14433: 2007
Caramel - Specihcation Infant ma substtte, Ma IS 16020: 2012
(second revisionj protein based Food Safety Management -
IS 1011 :2002
IS 13428:2005
Requirements for Good
Mygiene Practces
Biscuts Speciicaton Packaged Natural Mineral
(tourth revision) Water IS 16021:2012
Is 1008: 2004 Good Manutacturing
Is s4543:2004 Practices (GMP)
Sugar boted contectonery Requirements lor
(second revision Packaged Drnking Water
(Other than Packaged Organizatons in the Food
Natural Mineral Water) Processing Sector

28.2.2.3 Grant of License: Manufacturing units can apply for BIS license on a prescribed
form along with application fee and other documents such as location map of factory list
of manufacturing and testing equipments, flow charts of the process, details of the
technical staff etc. BIS offîce will do a preliminary inspection verify all documents and
process. The product samples are drawn and sent for analysis at BIS certified lab. After
satisfactory inspection and sample report of the product, license is granted 1 to 2 years
which can renewed periodically.
28.2.2.4 Inspection: The certified units are inspected by inspecting officers. The may be
done at manufacturing place, dispatch place or at the place where it is used. At
manufacturing place the inspection will also be for the QA systems, verification and
validation. The Bureau shall designate such of the officers of the Bureau as Inspecting
Officers
28.2.2.5 STOP Marking: If there is evidence that the product is not as per the conforming
standards and agreed clauses, the licensee will be directed to stop marking. The reasons
can be Non conformance of products at manufacturing place or at market place, Non
implementation of Scheme of Testing of the products, Non availability of testing staff
Significant modification of plant and machinery with out informing BIS, Relocation of
plant and machinery, Prolonged closure of the unit, Marking non conformed product,
Marking standard mark other than that are included in the license. The licensee can
resume only after re inspection and satisfactory compliance.
LIST OF STANDARIDS UNDER MANDATORY CERTIFICATION
SI Parent Act Rulev QC Notifcation Implemeating
No, Order Authority
00d Safety &
Food Food Safety&
Saf Fooad Healthy
Mimsy of Health and Famsh
Standard Act
2006 staatd
(Prohabtson &
Welfare, Dept of Health,
Nonficahon dated IAug 201I
Authorin of the
State
Restrctson on ales)
Regulatious 201| Date of upleneutatson
S Ang 201l
IS I16s Milk powder
IS I16ó Condensed mlk. partly kumned and skmmed condensed mlk
IS 1656 Milk-cereal based weaning foods
IS I1536 Processed cereal based complementary foods for nfants
IS 12176 Sweetened ultta hugh tepeatue trealed condensed m1lk
IS 133UPast L Skmmed mlk powder,standatd grade
IS I3334(Patt 2) Skuned ulk powder. extra grade
IS 14$42 Partly skuuned ulk pow der
IS I443 Infant aulk substatute. Milk proteu based
10 IS I3428 Packaged Natural Mneral Water
IS I4543
IS 15757
Packaged Drnk1ng Water (Other than Packaged Natural Mneral Water)
Follow up - forula- Compl1nentary Food-Spec1ficatson
B.3 AGMARK

The word Agmark is derived from Agricultural Marketing. The DMI under the
Department of Agriculture and Co-operation in the Ministry of Agriculture
enforces the Agricultural Products (Grading and Marketing) Act 1937. Under
this Act Grade standards are prescribed for agricultural and allied
MENTO commodities. Agmark grading means grading of an article in accordance with
grade/standards prescribed under the provisions of the act. These are known
as AGMARK standards. Grading under the provision of this Act is voluntary. Any person or
body of persons desirous of being authorized to grade and mark an article under the
provisions of the act shall apply to the agricultural marketing advisor or any other officer of
the Central Government or State Government authorized by Agricultural Marketing Advisor.
Manufacturers who comply with standard laid doWn by DMI are allowed to use "AGMARK"
labels on their products
The grade designation marks shall be applied only to the articles mentioned in the certificate
of authorization during the validity period. The certificate of authorization is issued by
agricultural marketing advisor or any other officer of the central or state government
authorized by the Agricultural Marketing Advisor. The grade designation characteristics vary
from product to product. The quality of the product is determined with reference to the size,
variety, weight, color, moisture, fat content and other factors are taken in to account. It covers
quality assurances of unprocessed, semi processed and processed agricultural commodities.
Blended edible vegetable oils and fat spread are compulsorily required to be certified under
Agmark.
The inspecting officer shall analyze the sample for quality factors as laid down in grading and
marketing rules of the specific commodity in respect of produce. The inspecting officer shall
also ensure that all the food article graded and certified under Agmark shall satisfy the
mandatory requirements laid down under PFA rules. The rules for affixation of AGMARK
labels, method of packing and marking, check sampling and certificate of grading rles are
also given under this act.
28.3.1 Salient features of Agmark standard:
(1) Quality standards for Agricultural commodities are framed based on their intrinsic
quality.
(2) Food safety factors are being incorporated in the standards to compete in world trade.
(3) Standards are being harmonized with international standards keeping in view the
WTO requirements.
(4) Check is kept on the quality of certified products through 23 laboratories and 43 offices
spread all over the country
The grades incorporated are grades 1, 2, 3 and 4 or special, good, fair and ordinary.
Agmark products are subjected to continuous inspection. The certificate of "Authorization"
is granted only to those in the trade having adequate experience and standing in the
market. The staff of the DMIor of the state Government is generally present at the time of
selection of goods, their processing, grading and packing before applying the appropriate
AGMARK labels.

Products available under AGMARK are pulses, wheat products, vegetable oils, ground
spices, whole spices, milk products, honey, compounded asafetida, rice, tapioca sago,
seedless tamarind and gram flour; grading of these commodities is voluntary. On the other
hand grading of commodities like tobacco, walnut, spices, basmati rice, essential oils,
onion, potatoes are meant for export is compulsory under AGMARK.
The Directorate of marketing and inspection of central government has 21 laboratories
and 50 sub offices spread all over the country. The central AGMARK laboratory at Nagpur
continuously carries out research and development works in this field.

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