FOOD SAFETY AND STANDARDS ACT, 2006 DR. JITENDRA P. DONGARE
Slide 2 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 Slide 3 INDIAN FOOD LAWS Prevention of Food Adulteration Act
1954 and Rules Department of Health Ministry of Health and Family
Welfare Fruit Products Order Ministry of Food Processing Industries
Milk and Milk Products Order Department of Animal Husbandry
Ministry of Agriculture Agricultural Produce (Grading &
Marketing) Act 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 Export (Quality
Control & Inspection) Act Department of Commerce Ministry of
Commerce & Industry Caught in the Web ??? Meat Products Order
Ministry of Food Processing Industries Slide 4 THE ACT FOOD SAFETY
AND STANDARDS AUTHORITY OF INDIA 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. 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. Slide 5
SALIENT FEATURE OF THE ACT FOOD SAFETY AND STANDARDS AUTHORITY OF
INDIA To ensure that all food meets consumers expectations in terms
of nature, substance 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. Slide 6 SCOPE OF THE ACT FOOD SAFETY AND STANDARDS AUTHORITY
OF INDIA 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. Slide
7 FUNCTIONS OF AUTHORITY (SEC 16) FOOD SAFETY AND STANDARDS
AUTHORITY OF INDIA To regulate, monitor the manufacture,
processing, distribution, sale and import of food to ensure its
safety and wholesomeness. 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 Slide 8 APPELATE TRIBUNAL FOOD SAFETY COMMISSIONER FOOD
SAFETY OFFICER ACCREDITED LAB REFERAL LAB FOOD ANALYST DESIGNATED
OFFICER ADJUDICATING OFFICER SPECIAL COURT REGULATORY ENFORCEMENT
AT STATE Slide 9 ROLE OF STATE AS PER THE ACT. FOOD SAFETY AND
STANDARDS AUTHORITY OF INDIA ROLES & RESPONSIBILITIES OF FOOD
SAFETY COMMISSIONER Prohibit in the interest of public health, the
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. Slide 10 ROLE
OF STATE AS PER THE ACT. FOOD SAFETY AND STANDARDS AUTHORITY OF
INDIA ROLES & RESPONSIBILITIES OF DESIGNATED OFFICER Issue or
cancel license of Food Business Operator. 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 Slide 11 ROLE OF STATE AS PER THE ACT. FOOD
SAFETY AND STANDARDS AUTHORITY OF INDIA ROLES &
RESPONSIBILITIES OF FOOD SAFETY OFFICER 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) Slide 12 ENFORCEMENT OF PROVISIONS OF THE ACT.
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA Article 31 lays down
Licensing and Registration conditions which are compulsory for any
food 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 they
shall have Registration with the Designated Officer. Slide 13
LICENSING AND REGISTRATION OF FOOD BUSINESS. FOOD SAFETY AND
STANDARDS AUTHORITY OF INDIA Central Licensing Authority State
Licensing Authority Registering Authority Designated Officer
appointed by the Chief Executive Officer of the FSSAI in his
capacity of Food Safety Commissioner Food Safety Officer or any
official in Panchayat, Municipal Corporation or any other local
body in an area, notified as such by the State Food Safety
Commissioner for the purpose of registration Designated Officers
appointed under Section 36(1) of the Act by the Food Safety
Commissioner of a State or UT for the purpose of licensing and
monitoring. Slide 14 LICENSING AND REGISTRATION OF FOOD BUSINESS.
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA Registration required
for the Food Business Operator, who 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
Registration required for the Food Business Operator, who 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 Slide 15 LICENSING AND REGISTRATION OF FOOD BUSINESS.
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA Central License
required for the Food Business Operator, who (i) Dairy units
including milk chilling units process 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. Central License required for
the Food Business Operator, who (i) Dairy units including milk
chilling units process 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. Slide 16 LICENSING AND REGISTRATION OF
FOOD BUSINESS. FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA Central
License required for the Food Business Operator, who (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.
Central License required for the Food Business Operator, who (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. Slide 17 LICENSING AND REGISTRATION OF FOOD BUSINESS.
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA CENTRAL LICENSING
AUTHORITY FSSAI Head Quarters (Licensing) FSSAI Head Quarters
(Licensing) ZONAL DIRECTORS & OTHER OFFICERS (for inspections
& Monitoring) STATE GOVERNMENT COMMISSIONER OF FOOD SAFETY 34
STATES/UT STATE GOVERNMENT COMMISSIONER OF FOOD SAFETY 34 STATES/UT
LICENSING AUTHORITY FOOD SAFETY OFFICER (for Inspection and
Monitoring Food Business operators ) FOOD SAFETY OFFICER (for
Inspection and Monitoring Food Business operators ) DESIGNATED
OFFICER LICENSING AUTHORITY DESIGNATED OFFICER LICENSING AUTHORITY
City municipal corporation, town Panchayat, Gram panchayat City
municipal corporation, town Panchayat, Gram panchayat CHIEF
EXECUTIVE OFFICER, FSSAI REGISTRATION AUTHORITY Slide 18 PROCEDURE
FOR REGISTRATION OF FOOD BUSINESS. FOOD SAFETY AND STANDARDS
AUTHORITY OF INDIA Filing of an Application Processing of
Application Either grant or reject Registration Certificate, Issue
notice for inspection Either grant or reject Registration
Certificate, Issue notice for inspection After the Inspection grant
the registration Application Form A Fees Rs 100/- Application Form
A Fees Rs 100/- Within 7 days of receipt of application Within a
period of 30 days Within a period of 30 days Food Business operator
may start business If no response Slide 19 PROCEDURE FOR LICENSING
OF FOOD BUSINESS. FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA
Filing of an Application unique application number Require
additional information on incomplete Application Application Form B
Documents + Fees Inspection of premises after receiving completed
application & issue inspection report Either grant or reject
the license Within 60 days of receipt of completed application or
within 30 days of inspection FBO may start the business after 60
days Suspension Improvement Notice Cancelation No inspection If no
response If inspection report not processed No improvement Fresh
application After 90 days Slide 20 ADJUDICATION AND FOOD SAFETY
TRIBUNALS. FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA
ADJUDICATING OFFICER FOOD SAFETY APPELLET TRIBUNAL SPECIAL COURTS
State Govt. to notify Adjudicating Officer not below the rank of
Addl. District Magistrate. Central Govt. or State Govt. may notify
and establish one or more tribunals known as Food Safety Appellate
Tribunals Central Govt. or State Govt. may constitute special
courts for trial of offences relating to grievous injury or death
of the consumer Slide 21 ENFORCEMENT OF THE ACT. FOOD SAFETY AND
STANDARDS AUTHORITY OF INDIA Adjudicating Officer of the State
govt. 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 Slide 22
ENFORCEMENT OF THE ACT. FOOD SAFETY AND STANDARDS AUTHORITY OF
INDIA Offences: Causing food to be injurious Abstracting any
constituent Deliberate adulteration Nonconformance in Label
information etc., Slide 23 ENFORCEMENT OF THE ACT. FOOD SAFETY AND
STANDARDS AUTHORITY OF INDIA Substandard food: Upto Rs. 2.00 lakhs
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: Slide 24 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 Penalties: Slide 25 FOOD SAFETY
AND STANDARDS AUTHORITY OF INDIA ensure that only safe and
wholesome foods are 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. Slide 26 FOOD SAFETY AND STANDARDS
AUTHORITY OF INDIA
