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Food Safety Legislation - the need…

Issues with existing regulatory regime-Nine different laws and eight different ministries governing the food sectorLaws framed by different Ministries/Depts. With different perspective and enforcement approachOverlapping laws with different quality standards & labelling requirementsNeed for new law-Removal of multiple regulationsHarmonizing with international lawFraming regulatory requirements based on science and risk analysisFacilitating trade without compromising consumer safety and bringing in innovation in foods04/15/23 2

Requirement of Regulations in Food Supply Chain…

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Food Safety and Standard Act, 2006

Food Safety and Standard Rules, 2011

Food Safety and Standards(Licensing and Registration of Foood Businesses), Regulations, 2011

Food safety and standards (packaging and labelling) regulations, 2011

Food safety and standards (food products standards and food additives)

regulations, 2011 part I and II

Food safety and standards (prohibition and restrictions on sales) regulations, 2011

Food safety and standards (contaminants, toxins and residues) regulations, 2011

Food safety and standards (laboratory and sample analysis) regulations, 2011

The new Act, Rules and Regulations w.r.t. 5/8/11

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• 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

for human consumption and for matters connected therewith or incidental thereto.

The Act...

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• The Act comprises of following acts and regulations:

The Act (Contd…)

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To consolidate the laws relating to food.To establish food safety and standards

authority of India for laying down science based standards for food.

To regulate the manufacture, storage, distribution, sale & import of food products.

To ensure availability of safe & whole food for human consumption.

Objectives of FSSAI…

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• Multiplication of food regulations/multi-level and multi-department control for all matters relating to Food Safety and Standards, Regulations and Enforcement.

New additions to the act:

• Movement of multilevel control and Provision of single window to guide and regulate–manufacture, marketing, processing, handling, transportation, import and sale of food.

• Integrated response to address the Strategic issues viz., Novel foods, Health Foods, Nutraceuticals, GM foods, International trade etc.

Salient feature of the Act….

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• Enforcement of the legislation by the State Governments/ UTs through the State Commissioner & the officers for Food Safety, and PanchayatiRaj/Municipal bodies.

• Consistency between domestic and international food policy measures without reducing safeguards to public health and consumer protection.

• Dissemination of information on food–enable consumer to make informed choices.

Salient feature of the Act (Contd…)

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• 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.

New enforcement structure: • To expedite the disposal of cases -

compounding and adjudication of cases –to reduce Court’s workload.

• Graded penalty/punishment depending upon the gravity of offence.

Salient feature of the Act (Contd…)

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• 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.

Scope of the Act…

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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.

Functions of Authority…

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Food safety management systemRisk assessmentCommunicationProduct recallGHPPenalty for unhygienic processingScope covers all commercial foodPackaging & labelling including nutritionGuidelines for imported food

Key Elements of FSSAI 2006…

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The 12 chapters of FSSA 2006 are1. Preliminary : Definitions2. FSSAI : (Administration)3. General principles of Food Safety4. General Provisions as to articles of food5. Provisions relating to import6. Special responsibilities as to food safety7. Enforcement of the Act 8. Analysis of food : laboratories, sampling & public

analysts9. Offences & Penalties10. Adjudication & food safety appellate tribunal 11. Finance, accounts, audits, reports12. Miscellaneous

FSSAI 2006…

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Who Require License: License / Renewal of license under FSSA, 2006 for kind of business:

Manufacturing/Processing including sorting, grading etc. Packaging Relabeling ( by third party under own packing and labeling)Storage/Warehouse/Cold Storage Retail Trade Wholesale Trade Distributor/Supplier Transporter of food

Milk collection/chillingSlaughter House Solvent extracting unitSolvent extracting and oil- refining plant Importing Catering, dhaba or any other food vending -establishment Club /canteen

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Licensing and Registration of food Business….

Registering Authority

Registering Authority

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.

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.

State Licensing Authority

State Licensing Authority

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.

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.

Central Licensing Authority

Central Licensing Authority

Designated Officer

appointed by the Chief Executive Officer of the FSSAI in his capacity of Food Safety Commissioner.

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Licensing and Registration of food Business (Contd…)

CHIEF EXECUTIVE OFFICER, FSSAI

STATE GOVERNMENTCOMMISSIONER OF

FOOD SAFETY STATES/UT

CENTRAL LICENSING AUTHORITY

REGISTRATION AUTHORITY

•City municipal corporation,• Town Panchayat,• Gram Panchayat

•City municipal corporation,• Town Panchayat,• Gram Panchayat

LICENSING AUTHORITY

FOOD SAFETY OFFICER(for Inspection and

Monitoring Food Business operators)

DESIGNATED OFFICER

LICENSING AUTHORITY

FSSAI Head

Quarters(Licensing)

ZONAL DIRECTORS &

OTHER OFFICERS (for inspections & Monitoring)

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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

Enforcement of the Act…

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APPELATE TRIBUNAL

FOOD SAFETY COMMISSION

ER

FOOD SAFETY OFFICER

ACCREDITED LAB

REFERAL LAB

FOOD ANALYST

DESIGNATED OFFICER

ADJUDICATING OFFICER

SPECIAL COURT

Regulatory enforcement at State…

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• Penalties:

Enforcement of the Act (Contd…)

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

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ensures that only safe and wholesome foods are marketed.

take decisions based on science. empowers 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

should be transparent and promote public confidence.

Summary

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www.wikipedia.com"Food Safety and Standards Authority of

India (FSSAI)”, Food Safety and Standards Authority of India, Government of India. Retrieved 2 April 2012.

 Section 5(3) of the Food Safety and Standards Act, 2006.

"Enforcement of FSS Act“, FSSAI. Retrieved 2 April 2012.

www. slideshare.net

References

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THANK

YOU...

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