CRITICAL ANALYSIS OF FSSAI

ACKNOWLEDGEMENT

We extend my sincere gratitude to God who gave me strength to complete my project work
well in time. Then, we would like to thank my parents who got me admitted to this
prestigious institution and be a part of that.

Then, we would like to thank my subject teachers, Dr. Jaimala, Ms. Anju and Ms. Alamdeep
for taking up this subject in such a vivid and enthusiastic way and for taking up the topics in
the class in a very systematic and detailed approach. So much as to the fact that when it came
to the project work of same, the idea was already preconceived in mind as to how to go about
the topic.

We also like to thank the UILS Library and staff for providing the various reference books
that came as a great source of research.

Thank you.

SWATI BANSAL

1827

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TABLE OF CONTENTS

INTRODUCTION ..................................................................................................................... 4
IMPORTANT FOOD LAWS AND REGULATIONS IN INDIA ............................................ 6
FOOD SAFETY LAWS ............................................................................................................ 7
FOOD SAFETY AND HYGIENE STANDARDS IN INDIA.................................................. 7
THE FOOD SAFETY AND STANDARDS ACT, 2006 .......................................................... 8
SALIENT FEATURES OF THE ACT ...................................................................................... 9
STATUS ON ENFORCEMENT OF THE ACT ..................................................................... 12
CRITICAL ANALYSIS OF FSSAI ........................................................................................ 13
MAGGI ROW CASE .............................................................................................................. 15
CONCLUSION ........................................................................................................................ 17
BIBLIOGRAPHY .................................................................................................................... 18

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INTRODUCTION

The food processing industry is one of the largest sectors in India in terms of production,
growth, consumption and export. Food processing industry is widely recognized as the
'sunrise industry' in India and is of enormous significance for India’s development because of
the vital linkages and synergies that it promotes between the two pillars of the economy,
namely Industry and Agriculture. As the country moves on the path of development,
agricultural sector evolves from traditional level farming to commercial agriculture producing
high value and processed products.

The Indian food regulations comprise various food laws that have been enacted at different
points of time, and are under the ambit of various ministries of Government of India (GOI).
Historically, these were introduced to complement and supplement each other in ensuring
total food safety and quality. As a result the food sector in India is governed by a number of
different statutes rather than a single comprehensive enactment. Each ministry has prescribed
its set of rules and standards under relevant acts and orders often creating confusing and
sometimes contradictory signals to the industry.

The multiplicity of ministries and administering authorities at both the central and state level
has resulted in a complex regulatory system that is not well integrated adding an additional
burden on the food industry. In general, this regulatory system resulted in a lack of
comprehensive, integrated food law under single regulatory authority that ensures public
health, safety, and also specifies quality norms for meeting the globally recognized
standards.1

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IMPORTANT PARAMETERS OF FOOD LAWS ARE:

 Shelf life of the products

 Permissible limits of chemical/additives in foods
 Quality and specification of packaging
 Labeling
 Manufacturer details
 Local and international standards - health certificates
 General Hygiene
 Proper export /Import Documents
 Laws for storage and transportation.2

2
Supra Note 1

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IMPORTANT FOOD LAWS AND REGULATIONS IN INDIA

Foods laws are enacted by various ministries through parliament apart from central
government laws various states have their own food laws. Following are the important Acts
enacted by Government of India:

 Food Safety and Standards Act, 2006

 Prevention of Food Adulteration Act (PFA) 1954 and Rules (Ministry of Health &
Family Welfare)
 The Standards of Weights and Measures Act, 1976
 Standards of Weights and Measures (Packaged Commodities) Rules, 1977
 Agriculture Produce (Grading & Marking) Act (Ministry of Rural Development).
 Essential Commodities Act, 1955(Ministry of Food & Consumer Affairs)
 Fruit Products Order (FPO), 1995
 Meat Food Products Order, 1973 (MFPO)
 Milk and Milk Products Order, 1992
 The Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of
Production, Supply and Distribution) Act, 1992 and Rules 1993
 The Insecticide Act, 1968
 Export (Quality Control and Inspection) Act, 1963
 Environment Protection Act, 1986; Pollution Control (Ministry of Environment and
Forests)
 Industrial Licenses, BIS Act, 1986
 VOP (Control) Order -1947
 SEO (Control) Order -1967

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FOOD SAFETY LAWS

In India multiple regulations for food have been enacted at different points of time to
supplement each other. This incremental approach has lead to incoherence and inconsistency
in the food sector regulatory scenario. A number of committees, including the Standing
Committee of Parliament on Agriculture in its 12th Report submitted in April 2005, have
emphasized the need for a single regulatory body and an integrated food law.

To this effect, The Food Safety and Standards Act, 2006 consolidated eight laws governing
the food sector and established the Food Safety and Standards Authority (FSSA) to regulate
the sector. The Food Safety and Standards Act, 2006, aimed to integrate the food safety laws
in the country in order to systematically and scientifically develop the food processing
industry and shift from a regulatory regime to self-compliance.

However, the key problem that industry anticipates from implementation of the Act is the
initial phase of disorder that will be introduced. FICCI survey has identified implementation
bottlenecks in food safety laws as the third critical area of concern for the food processing
sector, with 28.51% of weighted responses. The small and medium scale industries that do
not vigorously keep track of the regulatory changes will find it difficult to identify the
procedural and compliance changes brought by the Act.3

FOOD SAFETY AND HYGIENE STANDARDS IN INDIA

Safety and hygiene is very important area in any food industry. Food factories should have
basic good housekeeping and hygiene standards as any lack in this area would result in very
poor performance of the business. This is also important as the Consumers are very sensitive
to foreign body complaints or anything which might affect individuals’ health. State
governments have imposed strict quality parameter for ingredients and their storage practices.
Food safety in bakery industry has certain features which are different from other food
factories. The consumers have become educated on food safety standards and health safety,
and as a result Governments have responded with more laws on food safety.

3
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THE FOOD SAFETY AND STANDARDS ACT, 2006

Following pressure from the industry and stakeholders for a single regulatory body and an
integrated modern food law, the then Prime Minister of India in 2002 constituted a task force
to review India’s food and agro industries management policy. The task force made wide-
ranging recommendations among which one of the major recommendations was the
consolidation of the various food laws under one umbrella, setting up a food regulatory
authority somewhat akin to U.S. Food and Drug Administration, urgent need to align Indian
food standards to international standards, and that the government and industry should work
together to ensure that India is well represented and fully heard in international forums like
Codex Alimentarius Commission.

The Bill was introduced in the Lok Sabha (Lower house) on August 25, 2005, and was
referred to the Parliamentary Standing Committee (PSC) on Agriculture for further review
and scrutiny. The PSC presented its report to the Parliament on February 21, 2006. The Lok
Sabha passed the Bill after incorporating the PSC’s recommendations on July 26, 2006. The
Bill, as passed by Lok Sabha was presented in the Rajya Sabha (Upper house) on the July 31,
2006. The Bill was passed on the August 2, 2006. The President of India signed the Bill on
August 23, 2006 and was finally enacted as, The Food Safety and Standards Act, 2006 (No.
34 of 2006). The GOI notified the enactment in the official gazette on August 24, 2006.

The Food Safety and Standards Act, 2006 (the Act) has 12 chapters containing 101 sections
and two schedules. The Act incorporates the salient provisions of the Prevention of Food
Adulteration Act 1954, and is based on international legislations, instrumentalities and Codex
Alimentarius Commission. This Act with its three tier structure (an apex food safety and
standards authority, a central advisory committee and various scientific panels and
committees) is expected to lay more emphasis on science based and participatory decisions
while adopting the contemporary approach in both standard setting and implementation.4

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https://www.fssai.gov.in/home

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SALIENT FEATURES OF THE ACT

This presentation provides a brief overview of the salient features of the Act.
 The Act integrates eight different food related statutes by moving from multi-level,
multi-departmental control to a single line of command.
 The Act establishes the Food Safety and Standards Authority of India (FSSAI) as an
apex regulatory authority consisting of a Chairperson and 22 members.
 The Act prescribes general provisions for the following articles of food:
 Food additives / processing aids are to be added only in accordance with
provisions / regulations under the Act;
 Foods are not to contain any insecticides or pesticides residues, veterinary drugs
residues, antibiotic residues, solvent residues, pharmacological active substances
and micro-biological contaminants in excess of limits prescribed under the
regulation;
 Regulations to be made for the manufacture, distribution or trade of any novel
foods, genetically modified foods, irradiated foods, organic foods, foods for
special dietary uses, functional foods, nutraceuticals, health supplements,
proprietary foods, etc.
 The Act provides the general administrative principles to be followed by the Central
Government, State Governments, and FSSAI while implementing the provisions of
this Act.
 The Act prohibits advertisements which are misleading or deceiving or contravenes
the provisions of this Act, and prohibits unfair trade practices.
 All imports of articles of food are subject to this Act. No person shall import any
unsafe or misbranded or sub-standard food or food containing extraneous matter.
 The Act impose the responsibility on the food business operator to ensure that the
articles of food satisfy the requirements of this Act at all stages of production,
processing, import, distribution and sale within the businesses under his control.
 The Act also imposes certain liabilities on the manufacturers, packers, wholesalers,
distributors and sellers if an article of food fails to meet the requirements of this Act.
 The Act compels the establishment of food recall procedures.

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 The FSSAI and the State Food Safety Authorities are responsible for the enforcement
of this Act. The Act establishes a general authority line for the efficient enforcement
of the Act.
 The Act compel licensing and registration of food business. Small business operators
and temporary stall holders are exempted from the license but need to get their
businesses registered with the local municipality.
 The Act provides general provisions relating to offences and penalties for failure to
comply with the requirements of this Act. The Act makes provision for graded
penalties where offenses like manufacturing; storing or selling misbranded or sub-
standard food is punished with a fine, and more serious offences with imprisonment.5

FSSAI CONSTITUTION

The FSSAI consists of a chairperson and 22 members, of which one-third shall be women. In
their endeavor to carry out provisions of the Act, the FSSAI shall be assisted by Central
Advisory Committee (CAC), Scientific Panels (SPs) and Scientific Committee (SC) each
with specific responsibilities for drawing up proposals for the FSSAI’s work program,
prioritization of work, identifying potential risks, pooling of knowledge, ensuring co-
operation between the FSSAI and the enforcement agencies, and other functions as specified
by the regulations.

DUTIES AND FUNCTIONS OF THE FSSAI

 Framing of regulations to lay down the standards and guidelines in relation to the
articles of food, and specifying appropriate system of enforcing various standards thus
notified.
 Laying down mechanisms and guidelines for accreditation of certification bodies
engaged in certification of food safety management system for food businesses.
 Laying down procedure and guidelines for accreditation of laboratories and
notification of the accredited laboratories.

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 Provide scientific advice and technical support to central government and state
governments in framing policy and .
 Prescribe the food-labeling standards including claims on health, nutrition, special
dietary uses and food category systems for foods.
 Prescribe the procedure subject to which risk analysis, risk assessment, risk
communication and risk management shall be undertaken.
 Creating an information network across the country to disseminate rapid, reliable and
objective information about food safety and issues of concern.
 Provide training programs for persons who are involved or intend to get involved in
food businesses.
 Contribute to the development of international technical standards for food, sanitary
and phyto-sanitary standards.
 Promote general awareness about food safety and food standards.
 Promote co-ordination & consistency of work on food standards undertaken by
international governmental & non-governmental organizations.

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STATUS ON ENFORCEMENT OF THE ACT

The administrative control of the Act is assigned to the Ministry of Health and Family
Welfare. On September 5, 2008, the GOI notified the establishment of FSSAI consisting of a
chairman and members who in turn will initiate the rule making process. Certain provisions
of the Act are enforced steadily and are notified by the GOI. FSSAI constituted the SC and
SPs, and established its administrative process.

An amendment to the Act, called the Food Safety and Standards (Amendment) Act, 2008
(No. 13 of 2008) was recently enacted. This is an amendment providing an exemption to the
members of FSSAI from the purview of office of profits and the age restriction to a
maximum of 62 years. FSSAI is steadily drafting the draft guidelines and regulations for
public consultation.6

KEY BENEFITS OF THE ACT

 One of the major benefits of implementation of the Act will be the consolidation of
the existing eight laws relating to food and establishment of the FSSAI.
 Foods for special dietary uses or nutraceuticals or functional foods or health
supplements is a category that has been specifically defined in the Act, a feature
which was not there in existing food laws.
 The implementation of the Act is anticipated to facilitate and promote the
development of new products thus enabling the growth of the industry and innovation.

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CRITICAL ANALYSIS OF FSSAI

 Upgrade of FSSAI’s labs is critical for India’s food safety ecosystem-At a time when
the food regulator is reviewing the Food Safety and Standards Act, 2006, to make it
robust and globally benchmarked, it is critical that the regulator takes notice of the
gaps that CAG has raised in its report and also sensitise those states, which are not
doing enough on the food safety front. This is extremely critical from the public
health perspective. The country’s top food regulator ----the Food Safety and Standards
Authority of India (FSSAI) ---- plans to upgrade 15 laboratories across the country.
Currently, after primary testing at local labs, the sample is sent to an appellate
authority in case of discrepancies. Once upgraded, the 15 labs will have the authority
to certify their findings, which can be used as the basis for punitive action. India has
more than 250 food-testing laboratories, of which about 150 are run by either the state
or central governments, but none has the standing that would mean its findings are
immediately and completely accepted by all stakeholders, including food companies.
That’s the gap FSSAI’s new network of laboratories will be looking to fill. There’s
more work to be done, though, as enumerated in a recent report on the regulator by
the government auditor, the Comptroller and Auditor General of India (CAG) that
revealed serious gaps in the organisation’s processes. According to CAG, neither the
nodal organisation nor state authorities has documented policies and procedures on
inspections, a critical aspect of the regulator’s jop. Alarmingly, FSSAI does not even
have a database on food businesses in the country. There’s more: FSSAI seems to
have failed in its effort to set up well-equipped food labs in the states: Only seven out
of 72 states laboratories passed the standards issued by the National Accreditation
Board for Testing and Calibration Laboratories. The audit report also found that the
there is an acute shortage of licensing and enforcement officers in the states. CAG
was asked to audit the food regulator in March 2017. It was asked to look at how
FSSAI fixes standards, finalizes regulations, approves products, ensures compliance
and conducts surveillance. And it seems to have found lapses in all. This is worrying.
The foods business is a rapidly growing one, and , more importantly, one where poor
quality standards could even result in a public health crisis. The foods regulator has to
enjoy the confidence of the public as well as companies in the foods business.
FSSAI is in the process of reviewing the Food Safety and Standards Act, 2006 by

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benchmarking it with similar laws in other parts of the world. It should also look
within and address the gaps highlighted by CAG’s audit.7
 The key problem that industry anticipates from implementation of the Act is the initial
phase of disorder that will be introduced.
 The small and medium scale industries that do not very vigorously keep track of the
regulatory changes will find it difficult to identify the procedural and compliance
changes brought by the Act. Industry is also apprehensive that during the transition
phase, uncertainty will prevail till the food processing industries and the regulators
can come to a common platform.
 A comprehensive study report prepared for MOFPI reported that majority of the
laboratories in India do not have accreditation, and only few laboratories are fully
equipped to cater the domestic and export regulatory testing needs of the food
industry as heavy penalties for non-conformances is emphasized.
 The report also emphasized a greater need of manpower development and up
gradation of the laboratories in terms of infrastructure and sophisticated equipments.
 With the advent of the Act that will levy heavy penalties for non-conformances, a
need for accredited laboratories is of paramount importance.
 Industry anticipate that shortage of testing laboratories and equipment might hamper
the implementation of the Act, and GOI may also find it difficult to identify, recruit
and then continually train people for the accredited laboratories.
 The immediate adoption of international standards, without preparing the domestic
food industry will pose challenges for the effective implementation of the Act.
 The Act also mentions certain terms like 'Food Safety Management System' whose
definition calls for adoption of 'Good Manufacturing Practices', 'Good Hygienic
Practices' and 'Hazard Analysis and Critical Control Point'.
 The Act excludes plants prior to harvesting and animal feed from its purview.
 Though standards are specified for water used as an input in manufacture/preparation
of food, the Act does not require any specific standards for potable water.

7
https://m.hindustantimes.com/editorials/upgrade-of-fssai-s-labs-is-crucial-for-india-s-food-safety-
ecosystem/story-BonQmoqYAmU41MLvXThLeO_amp.html

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MAGGI ROW CASE

The Food Safety and Standards Authority of India (FSSAI) has been established under Food
Safety and Standards Act, 2006. FSSAI has been created 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 has come in severe criticism since it banned Nestles Maggi Noodles but the same
Maggi was cleared by countries like- Britain, Canada etc. Their have been a lot of
accusations against the FSSAI.

1. They harass processing units on trivial grounds. A need for a faster approval system is
important.

2. About 700 new products have been awaiting pre-launch approval for more than a
year. This is happening because of the lengthy approval procedures.

3. Many imported food products are stuck at the ports awaiting for want of clearance by
FSSAI. Standards should be made in line with the global standard making the process
faster.

It is argued that reforms of FSSAI is urgent for the development of food processing sector of
India because:

a. There is delay in the clearance of the products by the FSSAI. In present also there are
thousands of products which need approval from the FSSAI.

b. The procedure for testing of safety of product is very cumbersome because there is no
mention of procedure in Food safety and standard Act. Thus, FSSAI applies procedure
according to its own discretion.

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c. Imported materials is stuck at the port just because they don't get clearance from the FSSAI
as some of them don't have proper labeling. These delays and discretions deters foreign
companies to invest in the Food processing industry of India.

Less than two percent of India's perishable food products are processed to increase the
shelve and to add value in it. For this, there is urgent need to reform the FSSAI but in the
process the government has to ensure that standard and safety of food is not compromised.
Recently FSSAI has prepared standard procedure for testing of various products which is an
welcome move.8

8
http://www.insightsonindia.com/2015/07/22/7-it-is-argued-these-days-that-the-reform-of-food-safety-and-
standards-authority-of-india-fssai-is-urgent-and-essential-to-ensure-the-growth-of-food-processing-industry-
in-india-critically-examine/

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CONCLUSION

The food sector in India has been governed by multiple laws enacted at different points of
time to complement and supplement each other under different ministries.

The Food Safety and Standards Act, 2006 is a major transformation that has happened after
decades and ensures to bring a paradigm shift in the food regulatory scenario of the country.
As part of the process of consolidation, the eight contradicting and overlapping food laws in
the country would stand repealed on commencement of this Act. This unified Act will enable
unidirectional compliance and address the need for a single regulatory body. In the new Act,
called the Food Safety and Standards Act, 2006, the emphasis is more on an advisory role
than policing. The new law also brings about a single window license system.

Implementation of the Act is a mammoth task not only for the food processing industries but
also for the GOI to incorporate the proposed changes in the existing structure and functioning
of the government machinery. To fully realize the benefits of the Act, FSSAI needs to
maintain total transparency in rule framing. Involvement of industry and other stakeholders at
the earliest stages of rule framing and transparent public consultation, directly or through
representative bodies, during the preparation, evaluation and revision of food law is essential
for setting of sound scientific standards.

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BIBLIOGRAPHY

WEBSITES:

1. https://www.fssai.gov.in/home
2. https://www.scribd.com/document/39362920/Full-Paper-The-Food-Safety-and-
Standards-Act-Copy
3. https://m.hindustantimes.com/editorials/upgrade-of-fssai-s-labs-is-crucial-for-india-s-
food-safety-ecosystem/story-BonQmoqYAmU41MLvXThLeO_amp.html
4. http://www.insightsonindia.com/2015/07/22/7-it-is-argued-these-days-that-the-
reform-of-food-safety-and-standards-authority-of-india-fssai-is-urgent-and-essential-
to-ensure-the-growth-of-food-processing-industry-in-india-critically-examine/

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