FOOD SAFETY AND STANDARDS

AUTHORITY OF INDIA REGULATIONS,2011

-IMPACT ON INDIAN FOOD INDUSTRY

BY- DR. PALLAVI MOUDGIL PhD SCHOLAR School of Public Health and Zoonoses GADVASU, Ludhiana

INTRODUCTION

Food processing industry

is one of the largest sector in India in terms of production,

growth, consumption and export.

It promotes

vital linkages & synergies between two main pillars of economy

Industry

Agriculture

Strengthening food security

Employment generation

..

Current legislative requirements put tremendous emphasis on food hygiene, GMP, HACCP, ISO 22000

Initiatives of GOI are towards promoting a vibrant food-processing sector in country.

.

Most unorganised players in food

processing industry do not adhere to quality standards

resulting in minimal share in world trade.

Indian food consumption basket is diversifying away

from cereals towards higher value, more

perishable products, fruits, vegetables, dairy, meat & fish.

.

These trends bring increased attention to safety concerns in the handling, processing and marketing of foods.

. World Health Assembly in 2000 adopted a resolution to improve food safety with goal of –

Reducing the health hazards that exist throughout the food

chain from production to consumption.

. Indian Gov. too has long been committed to improve food safety.

Until recently, the major priority was to address the serious challenge of food adulteration under the PFA Act, 1954.

Much anticipated Food Security Bill in the form of Food Safety and Standards Act-2006 is now enforced and

implemented recently as on 5th August 2011.  

FOODSAFETY

FOOD SAFETY AND PUBLIC HEALTH Today food safety is an important global issue with international

trade and public health implications.

• It means assurance that food is acceptable for human consumption according to its intended use.

Food safety refers to freedom from ill

effects to the consumer following food consumption

.Ww Why food safety is important?

FOOD SAFETY

Unsafe food is a major public health

issue.

WHO calls it “one of most widespread health problems & important cause of reduced

economic productivity”

.

Safety of food is requirement of public health.

Affects health of millions of people worldwide through food borne illnesses.

WHO reported that in year 2005, 1.8 million people died from diarrheal diseases caused by contaminated food and drinking water.

.

UNICEF estimates that about 1,000 children below age of five die every day in India due to diarrhea.

Haza

rds

Improper agriculturepractices

Poor Hygiene

Chemicalsmisuse

Contaminat-ed

inputs

Storage &handling

.

Specific concerns about food hazards are:

Chemical contaminants

Microbiological contaminant

Biological toxins

Pesticide residues

Veterinary drug residues

.

Govt. all over world are increasing their efforts to improve food

safety in response to :

Ensuring safety of food has received greater attention in recent years.

Growing number of food safety problems

Rising consumers concerns.

FOOD LAWS IN INDIA : UNTIL RECENT PAST Complex web of laws governing food sector which complicate

implementation of food safety measures.

More than 1.2 billion people to feed daily, GOI is focused on strengthening food security in the country & ensuring that:

Safe Nutritious

.

Food safety in India was a shared responsibility among a number of Ministries and Departments.

Law Ministry

Prevention of Food Adulteration Act 1954

Ministry of Health and Family Welfare

Milk and Milk Products Order 1992 Ministry of Agriculture

Agricultural Produce Grading and Marking Act 1937

Ministry of Agriculture

Essential Commodities Act 1955 Ministry of Food, Consumer Affairs and Public Distribution

Standards of Weights and Measures Act 1976

Ministry of Food, Consumer Affairs and Public Distribution

.

Bureau of Indian Standards Act 1986

Ministry of Food, Consumer Affairs and Public Distribution

Fruit Products Order 1955 Ministry of Food Processing Industries

Import and export regulations Ministry of Commerce

.

These laws also authorize several agencies to lay down standards for food products.

Ministry of Food, Consumer Affairs and Public distribution under BIS Act

Ministry of Food Processing Industry under the Fruit Products Order

.

.

Ministry of Agriculture under “Ag Mark” & FPO

Ministry of Health and Family Welfare under the PFA Act

.

These laws and associated regulations in some cases prescribe contradictory or differing standards.

FPO allows the use of artificial sweeteners in fruit products, PFA Act bans it.

. Mandatory declaration labels required by PFA differ from those of Packaged Commodity Rules (1977) under Standards of Weights & Measures Act.

Emulsifier & stabilizers permitted for use in processed foods under PFA differ from those allowed under FPO.

NEED FOR FOOD SAFETY ACT Multiplicity of food laws Introduced to complement and supplement each other in

achieving total food safety and quality . Prescribed its set of rules and standards often creating a

confusing and sometimes contradictory environment for industry

It lacked in scientific base.

Lack of awareness among consumers.

Food safety and standards act-2006: National food control system

Effective & comprehensive systems with science-based food law & regulations which responds to needs of food safety management.

Central, State and

local authorities have complementary and interdependent roles in implementation of national food safety

system

Protecting consumers

.

System must:

Ensure only safe & wholesome foods are marketed

Empower authorities to detect sources of contamination

Prevent contaminated foods from reaching consumers

To be transparent and promote public confidence

.

.

To achieve these goals, Food Safety and Standards Act received the assent of the Hon’ble President of India on 23rd August,

2006 in the form of :

FOOD SAFETY AND STANDARDS ACT, 2006

. Ministry of food processing industries had piloted:

Food Safety and Standards Bill, 2006

Became an Act in August 2006 after getting the President's assent

Implemented on 5th August, 2011.

.

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.

. FSSAI is autonomous statutory Authority set up under Food Safety

and Standards Act, 2006 .

Act aims to establish a single reference point for all matters relating to food safety and standards:

Multi level, multi- departmental control to single

line of command

.

Ministry of Health & Family Welfare is administrative ministry for the implementation of Food safety and standards act.

Ministry of Health 

and Family Welfare

.

Food Safety and Standards Act-2006 formally repeals re regulatory framework established by :

Prevention of Food Adulteration Act, 1954Fruit Products Order, 1955

Meat Food Products Order, 1973Vegetable Oil Products Order, 1947

Edible Oils Packaging Order, 1988

Solvent Extracted Oil, De-oiled Meal and Edible Flour Order, 1967

Milk and Milk Products Order, 1992 Essential Commodities Act, 1955

.

.

Act does not eliminate the regulatory authorities

As a result, India’s food law is governed by a single regulator, the FSSAI.

Combines them under a single authority with minor revisions, adding key provisions to further strengthen implementation.

.

Benefits of implementation of Act are:

Unification of eight laws.

Hope for stronger implementation that will control corruption. Anticipation of science based standards.

SALIENT FEATURES OF FOOD SAFETY STANDARDS ACT,2006 & IMPACT ON INDIAN

FOOD INDUSTRY

Incorporates salient provisions of PFA Act, 1954 & is based on

international legislations, instrumentalities and Codex Alimentarius Commission.

. To create an enabling environment for value addition to primary

agricultural produce. To bring innovation & creativity & rapid development of food

processing industries in an integrated manner. Ensuring a high degree of objectivity and transparency.

To achieve high degree of consumer confidence in quality & safety of food.

.

Ac

Act aims to establish a single platform for all matters relating to food safety and standards.

Act prohibits advertisements which are misleading & against

provisions of this Act, and prohibits unfair trade practices

All imports of articles of food are subject to this Act. 

.

Act impose responsibility on food business operator to ensure that articles of food satisfy requirements of at all stages of production, processing, import, distribution and sale.

Act also imposes certain liabilities if an article of food fails to meet

the requirements of this Act.

.

Act compels licensing and registration of food business. Small business operators and temporary stall holders are

exempted from license .

Act makes provision for penalties, where offenders is punished with a fine, and more serious offences with imprisonment.

.

Regulatory scenario for Food Processing Industries in India is fast changing with introduction of Act.

Indian food industry has been closely following this Bill with a keen

interest.

This will definitely bring synergy in technical and regulatory matters and

substantially reduce the transaction costs imposed on Industry.

.

FSSAI is responsible for fruits, meat, milk products, cereals processed foods, novel foods etc.

New regulations stipulate that food business operators, who can be:

“food processor, manufacturer, exporter, or importer”, “shall ensure that the food meets all the standards laid under the FSSAI’s Food Safety and Standards Regulations 2010.”

.

Importers are required to hold a valid FSSAI license, to conduct business in India. Indian exporters must also be licensed.

Foreign companies that export food products to India do not need an FSSAI license.

.

Effective implementation of Act in right spirit will help in end of inspector-raj & speedy & fair resolution of cases and disputes.

Because of implementation of Act there is opportunity for removal of existing anomalies during rule framing.

.

FSSAI will carry out scientific studies, further food standards would

be based on sufficient and sound scientific basis.

Harmonization of standards with international regulations will enable manufacturers to compete better in international markets.

Increased participation of technical experts, research institutes and laboratories from the field of food.

.

.

Incorporation of foods for special dietary uses or nutraceuticals or functional foods or health supplements is a category that has been specifically defined in the Act.

Clarity and uniformity in area of novel foods would enable business plan formation to manufacture & market these products.

.

Implementation of Act is anticipated to facilitate and promote development of new products thus enabling the growth of industry.

In general, food industry will be benefited by Act & look forward to its effective implementation.

.

. Presently, such type of authority is in enforcement across the globe:

New Zealand Food Safety Authority

Korea Food & Drug Administration

UK Food Safety Authority

US- Food & Drug Administration

European Food Safety Authority

Philippines National Food Authority

Thailand Food & Drug Administration

.

FSS ACT, 2006: NEED OF EFFECTIVE SURVEILLANCE AND MONITORING SYSTEM UNDER THE NEW FOOD CONTROL

SYSTEM

India’s potential to acquire a higher share in increasing world food trade & advent of SPS Agreement under WTO have lead to increasing recognition & adoption of food safety measures.

Capacity of India to penetrate world markets depends on its ability to meet increasingly stringent food safety standards imposed by developed countries.

.

.

Food Authority: Set standards and limits for contaminants. Prescribe labelling requirements Indicate methods of analysis Set out guidelines for accreditation of laboratories Conduct surveys Maintain data Organize training programs.

.

For setting standards, Food Authority will require information and

data. These decisions have to be taken with the help of:

Natural databases of hazards in food Testing of food for chemical & biological agents Dietary intake surveys Epidemiological surveys of consumers population Investigations of food borne disease outbreaks.

.

There is no regular programs for monitoring contaminants in food

supply in country.

MOHFW and MOA have conducted occasional monitoring programs for evaluating pesticides residues, heavy metals and aflatoxin status in agricultural commodities, milk and marine products.

.

Some evaluation of likely intake of contaminants is possible, taking daily intake of food ingredients by exposed people and content of contaminants in these ingredients.

On the basis of this preliminary analysis, several pesticides were

banned for use in agriculture.

.

This effort was not sufficient to provide a full picture of country’s situation, nor does it provide sufficient basis for government to make sound and long lasting measures to prevent food contaminants from reaching the consumer.

It also lacks conformity with international requirements.

.

.

It is necessary that data currently available with research institute are pooled together, after proper investigation, to form an initial data base which can be enriched with subsequent survey results.

KEY ISSUES & ANTICIPATED IMPLEMENTATION PROBLEMS

Organised as well as unorganised food sectors are required to follow same food law. Small & medium scale industries find difficulty to identify procedural & compliance changes brought by act.

Bill excludes animal feed plants prior to harvesting and. Thus, it does not control entry of pesticides and antibiotics into the food at its source.

.

Power to suspend license of any food operator is given to a local

level officer. This offers scope for harassment and corruption.

Majority of laboratories in India do not have accreditation & only few laboratories are fully equipped to cater the domestic & export regulatory testing needs of food industry.

.

State governments have to bear the cost of implementing new law. However, the financial memorandum does not estimate these costs.

It is responsibility of person manufacturing food to ensure that he

uses water of adequate quality even when tap water does not meet required safety standards.

.

Act will introduce huge penalties defined for various deviations

and non compliances as compared to PFA regulations.

CONCLUSIONS

Changed economic scenario under WTO holds great potential for Indian food industry after proper & spirit implementation of Food Safety and Standard Act, 2006.

Act will boost changing global production & processing scenario under prevailing WTO regime, by conforming to national & international standards, by adhering to SPS regulations for smooth international trade.

.

Indian Standards on food and food products are need to be revised and upgraded taking into consideration technological developments in food processing & food analysis.

Up-gradation of national standards to present level and further timely improvement will bridge the gap to face emerging challenge in the export of Indian food and food products.

THANKS