FOOD SAFETY AND STANDARDS ACT, 2006

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
 Caught in the Web ???
Export (Quality Control &
Prevention of Food Adulteration Act
Inspection) Act
1954 and Rules Department of Commerce
Department of Health Ministry of Commerce & Industry
Ministry of Health and Family Welfare

Fruit Products Order Meat Products Order

Ministry of Food
Ministry of Food
Processing Industries
Processing Industries
INDIAN
FOOD
Milk and Milk Products Order Agricultural Produce
Department of Animal Husbandry
LAWS (Grading & Marketing) Act
Ministry of Agriculture 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
 THE ACT……………

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
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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.

 SALIENT FEATURE OF THE ACT……………

 To ensure that all food meets consumers’

expectations in terms of nature, substance
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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.
 SCOPE OF THE ACT……………

 The Act covers activities throughout the food

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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.
 FUNCTIONS OF AUTHORITY (SEC 16)……………

•To regulate, monitor the manufacture, processing, distribution, sale

and import of food to ensure its safety and wholesomeness.
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

•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
governments
 REGULATORY ENFORCEMENT AT STATE

FOOD SAFETY
COMMISSIONER SPECIAL
COURT
APPELATE
REFERAL LAB TRIBUNAL

ADJUDICATING
DESIGNATED OFFICER
ACCREDITED LAB
OFFICER

FOOD ANALYST
FOOD SAFETY
OFFICER
 ROLE OF STATE AS PER THE ACT….

ROLES & RESPONSIBILITIES OF FOOD SAFETY COMMISSIONER

Prohibit in the interest of public health, the

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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.
 ROLE OF STATE AS PER THE ACT….

ROLES & RESPONSIBILITIES OF DESIGNATED OFFICER

Issue or cancel license of Food Business Operator.
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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
 ROLE OF STATE AS PER THE ACT….

ROLES & RESPONSIBILITIES OF FOOD SAFETY OFFICER

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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 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)
 ENFORCEMENT OF PROVISIONS OF THE ACT….

 Article 31 lays down Licensing and Registration

conditions which are compulsory for any food
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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 alongwith fees.
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
 LICENSING AND REGISTRATION OF FOOD BUSINESS….

Central Licensing
Authority
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

State Licensing
Authority
Designated Officer
Registering
appointed by the Chief
Authority
Designated Officers Executive Officer of the
appointed under FSSAI
Section 36(1) of the in his capacity of Food
Food Safety Officer Act by the Food Safety
or any official in Commissioner of a Safety Commissioner
Panchayat, Municipal State or UT for the
Corporation or any purpose of licensing
other local body in and monitoring.
an area, notified as
such by the State
Food Safety
Commissioner for the
purpose of
registration
 LICENSING AND REGISTRATION OF FOOD BUSINESS….

Registration required for the Food Business Operator, who –

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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
 LICENSING AND REGISTRATION OF FOOD BUSINESS….

Central License required for the Food Business Operator, who –

(i) Dairy units including milk chilling units process

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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.
 LICENSING AND REGISTRATION OF FOOD BUSINESS….

Central License required for the Food Business Operator, who –

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

(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.
 LICENSING AND REGISTRATION OF FOOD BUSINESS….

CHIEF EXECUTIVE OFFICER, FSSAI

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

STATE GOVERNMENT CENTRAL

COMMISSIONER OF FOOD SAFETY LICENSING
34 STATES/UT AUTHORITY

FSSAI
Head Quarters
REGISTRATION AUTHORITY LICENSING AUTHORITY (Licensing)

ZONAL DIRECTORS
• City municipal DESIGNATED OFFICER & OTHER OFFICERS
LICENSING AUTHORITY (for inspections &
corporation, Monitoring)

• town Panchayat,
• Gram panchayat FOOD SAFETY OFFICER
(for Inspection and Monitoring
Food Business operators)
 PROCEDURE FOR REGISTRATION OF FOOD BUSINESS….

Filing of an Application

Application
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

Form A
Fees Rs 100/-

Processing of Application

Either grant or reject

Within 7 days of
Registration Certificate,
receipt of
Issue notice for application
inspection
If no response

Within a period of
After the Inspection grant
30 days
the registration

Food Business operator

may start business
 PROCEDURE FOR LICENSING OF FOOD BUSINESS….

Filing of an Application
Application
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

Form B
Documents + Fees
unique application
number

Improvement
Require additional If n Notice
information on incomplete or
esp
Application on
se FBO may
No improvement

start the
Inspection of premises after business
Suspension
receiving completed No inspection after 60
application & issue inspection days
No improvement
report
port Cancelation
Either grant or reject the n re
o
license Within 60 days of e cti sed
receipt of completed i nsp ce s Fresh application
If t pro After 90 days
application or within 30 days
no
of inspection
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA ADJUDICATION AND FOOD SAFETY TRIBUNALS…….

FOOD SAFETY
ADJUDICATING SPECIAL
APPELLET
OFFICER COURTS
TRIBUNAL

State Govt. to notify Central Govt. or

Central Govt. or
Adjudicating Officer State Govt. may
State Govt. may
not below the rank constitute special
notify and establish
of Addl. District courts for trial of
one or more
Magistrate. offences relating
tribunals known as
to grievous injury
Food Safety
or death of the
Appellate Tribunals
consumer
 ENFORCEMENT OF THE ACT……….

Adjudicating Officer of the State govt.

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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
 ENFORCEMENT OF THE ACT……….

Offences:
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

¤ Causing food to be injurious

¤ Abstracting any constituent
¤ Deliberate adulteration
¤ Nonconformance in Label
information etc.,
 ENFORCEMENT OF THE ACT……….

Penalties:
¤ Substandard food: Upto Rs. 2.00 lakhs
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

¤ 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:
¤ Unsafe food causing non-grievous injury :
1 year imprisonment with fine of Rs. 3.00 lakh
Compensation in case for injury :
upto Rs.1.00 lakh
¤ 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
 THE NEW REGIME OF FSS ACT WILL

 ensure that only safe and wholesome foods are

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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.
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

THANK YOU !

Visit us at www.fssai.gov.in