Presentation on FSSA

Food Safety and Standards Act, 2006

An 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 there with or
incidental thereto.

Until this law was passed, the following acts were being followed
to manage the food security in the country:
• Vegetable Oil Products (Control) Order, 1947
Prevention of Food Adulteration Act, 1954
Fruit Products Order, 1955
Meat Food Products Order, 1973
Objectives Of FSSAI Act

• To generate confidence among all the stakeholders of being a friendly, accessible,

and responsive (public service) body or authority.

• To ensure the establishment of Standards and practices that fully assure consumers interest and adhere to the highest degree of
integrity possible

• Building capacity of various stakeholders for an active participatory role in food safety.

• The expansion of effective information dissemination channels allowing consumers to make informed choices regarding the food
they consume.

• Create a framework/structure of food safety with the definite responsibility of each Food Business operator.
Key Features
Direct sales by the small original producer or producer organisation to the end
consumer exempted from the provisions of the either of the Certifiation systems.
Small original producer defined as those FBOs having turnover of less than Rs 12
lakhs per annum.
To comply with Labeling requirements of FSSR.
To comply with Labeling requirements of NPOP or PGS-India.
• Organic product may carry a certification or quality assurance mark of NPOP or
PGS-India in addition to the Food Safety and Standard Authority of India’s organic
logo (Jaivik Bharat).
Traceability through one of the systems.
To comply with Product and Contaminant Standards prescribed in FSSR.
All Organic Foods required to comply with the requirements of other
Regulations for conventional foods.
For organic food, the residues of insecticides shall be 5% of the maximum
limits prescribed or Level of Quantification (LoQ) whichever is higher.
• Retailers to display organic foods distinguishable from conventional foods.
Requirements for import of Organic Foods into India
Organic Food imports under bilateral or multilateral agreements on the
basis of equivalence of standards between NPOP and Organic standards
of the respective exporting countries are not required to be re-certified
on import to India.
• All organic food consignments to be accompanied by a Transaction
Certificate issued by an Accredited Certification Body covered under
the terms of the equivalence agreement.
CHALLENGES FOR FSS ACT,

There are certain challenges which are to be overcome by FSSAI:

Proper laboratories for testing the quality of food need to be organised by the Organisation
Arranging qualified manpower to test and approve the standards of food being manufactured
• Re-evaluating the regulations and terms as per international standards
• Gaining funds to get advanced technologies
• Ensuring proper licensing of every food manufacturing individual or business
•
Laws on Food & Allied Items Vegetable Oil
Products (Control) Order, 1947
• , Prevention of Food Adulteration Act, 1954, Fruit Products Order,
1955, ✔ Solvent Extracted Oil, De- Oiled Meal and Edible Flour
(Control) Order, 1967, Meat Food Products Order, 1973, Edible Oils
Packaging (Regulation) Order 1988, Milk and Milk Products Order,
1992 .........repealed after commencement of FSS Act, 2006.
Section 29:- Authorities responsible for
enforcement of Act
The Food Authority and the State Food Safety Authorities shall be
responsible for the enforcement of this Act.
• They shall monitor and verify that the relevant requirements of law are
fulfilled by food business operators at all stages of food business.

• Section 30:- Commissioner of the Food Safety

• State Govt. shall appoint the Commissioner of Food Safety for the state
for efficient implementation of food safety and standards.
 • No food business except under a licence.
• Not applicable to petty manufacturer but they will
register themselves as prescribed.

Section 31:- • Every food business operator shall ensure that the
articles of food satisfy the requirements of this Act
Licensing & and the rules and regulations made thereunder at all
stages of production, processing, import, distribution
Regi. Of food and sale within the businesses under his control.
• Section 27:- Liability of manufacturer, packers,
business wholesalers, distributors and sellers
• Liabilities are mentioned separately for Manufacturer &
Packers Wholesalers, distributors Sellers
 • Initiate process for recall if food is not in compliance of the act.
• Immediately inform competent authorities.

Section 28:- • Food business operator will follow guidelines relating to food recall procedure.

• Section 53:- Penalty for misleading advertisem

Food Recall • Any person who publishes, or is a party to the publication of an
advertisement, which -

Procedures • (a) falsely describes any food; or

• (b) is likely to mislead as to the nature or substance or quality of any food or
gives false guarantee, shall be liable to
• a penalty which may extend to 10 lakh rupees.
 • Any person who, whether by himself or by
any other person on his behalf,
Section 56:- manufactures or processes any article of
Penalty for food for human consumption under
unhygienic or unhygienic or unsanitary conditions,
unsanita • shall be liable to a penalty which may extend
to 1 lakh rupees.
processing or
mfg. of food
 • FSSAI ties up with US firm Decernis Ltd to get access to globai standards.

• Economics Times, April 12, 2017

• FSSAI ties up with Coca-Cola to train 50,000 food vendors. Economics Times, March
27, 2017

Some • FSSAI bans 'Carcinogenic' additive potassium bromate in bread. Economics Times,
June 21, 2016
Headlines
• The CSE study had found that 84% of 38 commonly available brands of pre-
packaged breads, including pav and buns, tested positive for potassium bromate
and potassium iodate. These two food additives are banned in many countries and
listed as "hazardous" for public health.

• Maggi ban impact: Nestle India may take 3 years to reco

 • If any person, after having been previously convicted of an
offence punishable under this Act subsequently commits and
is convicted of the same offence, he shall be liable to-

Section 64:- • (i) twice the punishment, which might have been imposed on
Punishment a first conviction, subject to the punishment being maximum
provided for the same offence;
for
subsequent • (ii) a further fine on daily basis which may extend up to one
offenc lakh rupees, where the offence is a continuing one; and

• (iii) his licence shall be cancelled.

 • If any person whether by himself or by any other person on his
behalf, manufactures or distributes or sells or imports any
article of food causing injury to the consumer or his death, it
shall be lawful for the Adjudicating Officer or as the case may
be, the court to direct him to pay compensation to the victim
or the legal representative of the victim, a sum-
Section 65:-
Compensation
in case of • (a) not less than 5 lakh rupees in case of death;

injury or of
consumer. • (b) not exceeding 3 lakh rupees in case of grievous injury; &

• (c) not exceeding 1 lakh rupees, in all other cases of injury:

 • Does not result in injury...
• imprisonment upto 6 moths & fine upto 1 lakh
rupees
Section 59:- • Non-grievous injury...
• imprisonment 1 year & fine upto 3 lakh rupees
Punishment • Grievous injury...
for unsafe • imprisonment 6 years & fine upto 5 lakh rupees.
food • Death...
• not less than 7 years imprisonment may extend
for life and fine not less than 10 lakh rupees.
 • Special Court will transfer the cases if it is of
the opinion that the offence is not triable by
Section 75:- it.
Power to • Section 35:- Notification of food poisoning
transfer • The Food Authority may, by notification,
require registered medical practitioners
cases to carrying on their profession in any local area
regular specified in the notification,
• ......to report all occurrences of food
courts poisoning coming to their notice to such
officer as may be specified.
Section 35:- Notification of food poisoning

The Food Authority may, by notification, require registered medical practitioners carrying on their profession in any local area specified in the notification,
......to report all occurrences of food poisoning coming to their notice to such officer as may be specified.

Section 36:- Designated Officer

The Commissioner of Food Safety shall appoint Designated Officer for each district.
Functions
It will issue or cancel licence of food business operators.
It will prohibit the sale of any article of food which is in contravention of the provisions of this act.
To make recommendation to the Commissioner of Food Safety for sanction to launch prosecution in case of contraventions punishable with imprisonment.
To maintain record of all inspections made by Food Safety Officers and actions taken by them in the performance of their duty.
Orgazinational structure
• Organizational Structure
• CEO (Sec.
• FSSAI (Sec. 4)
• Central Advisory Committee (Sec. 11)
• State Food Safety Authority (Sec. 29)
• Commissioner of Food Safety (Sec. 30)
• Scientific Panels (Sec. 13)
• Scientific Committee (Sec. 14)
• Designated Officer (Sec. 36)
• Food Safety Officer (Sec. 37)
• Section 4:- Establishment of FSSAI
• ■ Central Govt. will establish Food Safety & Standards Authority of India.
• Head Office at New Delhi.
• Food Authority may establish its offices at any other places in India.
• ■A Chairperson, 22 members out of which one third shall be women (Section 5).
• ■ Term for 3 years, eligible for re-appointment (Section 7)
• ■ CEO will see day to day activities of food authority (Section 9).
Thanks!