FSSAI

Food Regulations/Safety & Quality Standards���

(International Summit on Food Processing and Agribusiness)

S.B.Dongre Director,

Food Safety and Standards Authority of India, New Delhi

FSSAI

Food Security

Food Safety

Food Safety, Safe Food?

•  Food Safety –  Concept that food will not cause harm to the

consumer when it is prepared and/or consumed according to its intended use.

  Safe Food   A product which is free of microbiological, chemical or

physical hazards OR   A product that does not cause illness or injury when

consumed as intended

FSSAI

Why Food Safety?

Some of the reasons for concern about food safety?

  Changes in food habits   Food handling practices   Changing products, processes etc.   Globalization of trade in food

FSSAI

Lack of Hygiene & Unsafe water kills 7.8 L people annually in India���

���Source: “Safer Water, better health” WHO report 2008 ���

������

Do we know?

FSSAI

Food Safety is a global concern •  Food terrorism tops 2009 safety scare list

(By Sarah Hills, 05-Jan-2009) "economic or chemical terrorism", which may not directly intend to scare people but the intentional adulteration of the food supply (food terrorism) may be. Food safety scares have major cost implications for the industry, as well as risking consumer health.

•  Food industry urges Congress to reform food safety rules

(By Caroline Scott-Thomas, 26-Jan-2009)

A group of ten major food industry organizations has signed letters to Congress urging it to modernize US food safety regulation amid concern that otherwise America could lose its reputation for safe, good quality food supplies.

•  US President has constituted a Working Group on Food Safety

•  Most of the Developed and Developing countries has established Food Safety Regulatory Authorities to address the issues concerning the safe and wholesome food in supply chain.

FSSAI

Food Quality Problems •  Earliest recorded problem •  Poisoning through lead water pipes in Rome •  Irish potato famine of 1845-46

•  Fungal disease in potato causes million deaths •  Louis Pasteur, 1861. •  Develops Pasteurization technique to overcome food spoilage •  Later, unhindered development of food

science •  Until . . . •  Rachel Carson’s book, “Silent Spring” •  Brought out bad effects of pesticides – DDT

banned •  Microbial, and toxic contamination •  Effects of irradiation, and fatty and low-fibre foods

FSSAI

Global Initiatives • While

•  food technology was improving, safety concerns were being raised, and food laws being enacted

•  International trade •  in agricultural commodities and (processed)

food products was on the rise since 1950s onwards.

•  There was a need for •  Harmonized standards for the traded food

products •  Response resulted in establishment of

•  Codex 1962 •  WTO 1995 •  ISO 22000

FSSAI

Codex Alimentarius Commission •  In Latin, Codex = Law, Alimentarius =

Food •  Hence, it is a “Food Law Commisson” •  Set up by WHO & FAO in 1962: •  World Health Organization •  Food and Agricultural Organization •  Aim: •  To protect health of consumers worldwide •  To guide food industry in defining standards •  Promote harmonization of standards and

facilitate international trade •  Standards for labelling, nutritional labelling, and HACCP guidelines drawn in 1981, 1983, and 1993 respectively

FSSAI

9

•  A Statutory Regulatory Body under Ministry of Health & Family Welfare, Government of India

•  Constituted on 5 Sep 2008

•  Mandate of 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

10

Pre – FSS Act Scenario in Food Safety Regulation

FSSAI

11

• Multiplicity of food laws, standards setting and enforcement agencies for different sectors of food

• Varied Quality/Safety standards restricting innovation in food products

• Thin spread of manpower, poor laboratories infrastructure and other resources restricting fixation of effective standards

• Standards are rigid and non-responsive to scientific advancements and modernization

• Investor adversary Regulatory Mechanism

• Poor Information dissemination level to consumer level

FSSAI

12

Health & Food Processing

The Prevention of Food Adulteration Act, 1954 Fruits and Vegetable Products (Control) Order- FPO 1955

Meat Food Products Order (MFPO)1973

Consumer Affairs, Food and Public Distribution

Essential Commodities Act, 1955   Bureau of Indian Standards Act, 1986    

Standards of Weights and Measures Act, 1976   The Consumer Protection Act, 1986  

Standards of Weights and Measures (Enforcement) Act, 1985 Vegetable Products Control Order, 1976

Solvent Extracted Oil, De-oiled Meal and Edible Flour Control Order, 1967 Edible Oils Packaging (Regulation) Order, 1988

Existing Acts, Rules and Orders

FSSAI

13

Commerce and Industry

Marine Products Export Development Authority Act, 1972  

Export (Quality Control and Inspection) Act, 1963    

Foreign Trade (Development and Regulation) Act, 1992 The Agricultural and Processed Food Products Export Development Authority

Act, 1985

Agriculture and marketing

Agriculture Produce (Grading & Marking)Act,1937

General Grading & Marking Rules 1988 Insecticides Act,1968

Milk and Milk Products Control Order,1992

FSSAI

14

Thrust of the New Act

FSSAI

15

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.

FSSAI

16

• Movement from multi-level and multi- department control to a single line of command

• FSSAI as a single reference point for all matters relating to Food Safety and Standards, Regulations and Enforcement

• Integrated response to strategic issues like Novel foods, GM foods, international trade etc

• Decentralisation of licensing for food products

• Achieve high degree of consumer confidence in quality & safety of food

FSSAI

17

• Effective, transparent and accountable regulatory framework

•  Investors friendly regulatory mechanism with emphasis on self regulations and capacity building

• Emphasis on gradual shift from regulatory regime to self compliance

• Consistency between domestic and international food policy measures with out reducing safeguards to public health and consumer protection

• Adequate information dissemination on food to enable consumer to make informed choices.

• Mechanism for speedy disposal of cases

FSSAI

18

CHIEF EXECUTIVE OFFICER

FOOD AUTHORITY

CHIEF SCIENTIFIC ADVISOR

CHIEF SURVEILLANCE

OFFICER

CHIEF ENFORCEMENT

OFFICER

CHIEF,PRODUCT APPROVALS/ QUALITY

ASSURANCE

CHIEF MANAGEMENT OFFICER

STATE GOVERNMENTs /UTs

ZONAL OFFICES

ZONAL DIRECTOR

OTHER OFFICERS

CITY/ MUNICIPAL

COMMITTEES

HEALTH OFFICER

FOOD INSPECTOR/

HEALTH INSPECTOR/ SANITARY INSPECTOR

DESIGNATED OFFICER

(District level)

FOOD SAFETY OFFICER

(Local area)

FSSAI (proposed) EXISTING

ENFORCEMENT

Structure for implementation of the Act

COURTs

COMMISSIONER OF FOOD

SAFETY

FSSAI

19

Role of FSSAI and other authorities

FSSAI

20

• Framing of Regulations, Standards and guidelines in relation to articles of food

• Guidelines for accreditation of certification bodies/ Laboratories

• Scientific advice and technical support to the Central Government and State Governments in matters of framing the policy and rules in areas related to food safety and nutrition

• Collect and collate data on food consumption, Incidence and Prevalence of biological risk, Contaminants in food, Residues of contaminants in food and introduction of rapid alert system

• Procedure and guidelines for Risk Analysis methodologies

FSSAI

21

• Creating Information Dissemination Network across the country about food safety

• Capacity Building for various stakeholders

• Contribute to development of International Technical Standards for food Sanitary and Phyto-sanitary Standards

• Promote general awareness about Food Safety and Food Standards

FSSAI

22

COMMISSIONER OF FOOD SAFETY

Powers and Duties

•  Prohibit in the interest of public health, the manufacture, storage, distribution, or sale of any article of food.

•  Carry out survey of the food processing units in the state to find out compliance of standards.

•  Conduct training programmes for the personnel engage in the food safety.

•  Ensure efficient and uniform implementation of the standards and other requirements.

•  Sanction prosecution for offences punishable with imprisonment under this Act.

FSSAI

23

DESIGNATED OFFICER

Powers and duties

•  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 investigated complaints in respect of any contravention of the provision of this Act or against FSO

FSSAI

24

FOOD SAFETY OFFICER

Powers and duties

•  Power to take a samples of any food or any substance, to be intended for sale or to have been sold for human consumption

•  Seize any articles of food which appears to be in contravention of this Act.

•  Enter and inspect any place where the food is manufactured, or stored for sale •  May after giving notice to the food business operator cause the food to be destroyed which is unfit for

human consumption

•  Seize any adulterant found in possession of a manufacture or distributor of any article of food

•  Penalty for harassment of business operator and also for false complaint

FSSAI

25

ADJUDICATING OFFICER

Adjudication and Food safety Tribunals

State Govt. to notify Adjudicating Officer not below the rank of A d d l . D i s t r i c t Magistrate.

Central Govt. or State Govt. may be notify and establish one or more tribunals known a s F o o d S a f e t y Appellate Tribunals

Central Govt. or State Govt. may constitute special courts for trial of offences relating to grievous injury or death of the consumer

FOOD SAFETY APPELLATE TRIBUNAL

SPECIAL COURTS

FSSAI

26

•  Covering Health Foods, supplements, nutraceuticals

•  Issuing Licenses within a time frame of 2 months

•  Provision of Improvement Notice by Designated

Officers •  Compounding and Adjudication of cases – to reduce

Court’s workload and expedite the disposal of cases

•  Prosecution, if to be launched, should be within 1 year time frame

FSS Act – New Features

FSSAI

27

•  Constitution of Special Courts for summary trials •  Special Tribunals •  Compensation to Victims (for any case of Injury/

Grievous injury/ Death) •  Reward to informer (informing about the

violators – adulteration etc.) by State Govt. •  One composite license for unit(s) falling under one

area

FSS Act – New Features

FSSAI

28

•  Training and Awareness programmes for Food Business Operators as well as Regulators;

•  Ensuring representation in the Authority from different regions by grouping States into 5 Zones;

•  Recognition of Food Safety Audit Agencies to

verify the compliance of Food Safety and Management systems;

•  Encourag ing Se l f regu lat ion through

introduction of Food Recall Procedures; and,

•  No License for small food business operators; only registration is mandatory;

FSS Act – New Features

FSSAI

29

Progress of Implementation of the Act

FSSAI

30

•  Chairperson, Member Secretary (CEO) and Members of the Authority notified

•  Notification u/s 90 of FSS Act issued for transfer of staff from other Ministries

•  Structure of the Authority finalised. Proposal for creation of posts is being processed

•  Some critical studies on Diet Surveys, Quality Upgradation of Food Testing Laboratories, Data-base for Food Safety Regulations, Trans Fatty Acids, Import regulation regime etc. are being undertaken.

•  States have been asked to notify Commissioners of Food Safety. 12 States have notified.

FSSAI

31

• The composition of Scientific Panels, Scientific

Committee and Central Advisory Committee has been finalized

• Draft Licensing procedures, Recall procedures prepared – under consultation with stakeholders.

• Consultation workshops on transition from PFA to FSSA are being held- already hold three at Bangalore , Mumbai & Guwahati

FSSAI

32

TASK AHEAD

FSSAI

33

• Specify standards and guidelines in relation to food items, limits for food additives, labelling & quality control

• Rules & regulation for enforcement activities & analysis of food; Enforcement Model for States

• Appointment of Commissioner of Food Safety and other officers by States

• Simplified Licensing and Registration • Designate and finalise upgradation plans for Referral labs and food laboratory infrastructure

• Safety and Quality of Water

FSSAI

34

• Safety Standards in Milk • Standards for Meat Industry • Trans Fats and Saturated Fats Standards • Develop procedures for establishment and working of Adjudicating officers and Tribunals

• Food Safety Surveillance Mechanism, Recall Mechanism

• Preparation of Imported Food Safety Action Plan– Create infrastructure at Ports of entry, lab facilities and Authorised Officers

FSSAI

35

•  Review standards for organic food, GAP, GMP •  Standards of Service Delivery •  Consumer Advocacy •  Harmonization of standards with other Food

Regulators and Codex •  Coordinate with concerned Ministries

regarding stand on Codex matters. •  Consumer awareness for food safety, disaster

management and information dissemination systems

FSSAI

36

Thanks