An Overview on Food Safety

Standard Act, 2006

Presented by:

Dr Anita A. Patil
Assistant Professor
NLSIU, Bangalore
 Introduction

– ‘Health is Wealth’ human body is the precious gift given by god so it has to be maintained properly
and try to keep it active all the time. when a body is fit, it can handle the everyday stresses of life and
helps to maintain both physical and mental health.

– Each and every human being wants to be healthy and to be in a comfortable zone of life. new
diseases are taking birth day by day and medical science is also trying to improve along with it but it
takes some time to cure the new born disease within that interval many people die.

– Recently india also witnessed nipha virus infection which is transmitted via fruits or fruit products
such as raw date palm juice contaminated with urine or saliva from infected fruit bats.
Contd..

– Consumption of healthy food helps us to minimize any health related problems.

– Health and food are directly related to each other. Article 19(1) g of the Constitution of India provides
Right to practice any profession or to carry on any occupation, trade or business to all citizens subject to
Art.19 (6) which enumerates the nature of restriction that can be imposed by the state upon the above
right of the citizens.
– On the other hand Right to safe food and Right to health are implied fundamental rights under Article
21 of the Constitution of India.
 Contd..

– Many diseases are caused due to unhygienic food. India spends 5% of the GDP on health related issues it is
imperative that measures have to be taken to minimize this and we know that ‘precaution is better than
cure’ so food safety and quality is essential.
– If measures are taken to provide healthy food to people automatically health problems can be prevented
and indirectly it leads to economic growth of country.
– High rate of employment and potential can boost exports of agro products out of country, and also provide
better returns to farmers for their produce.
– However this is possible only if food safety standards are effectively enforced in the country. Food safety is
vital for economic growth and progress as well.
 Contd..

– ‘Change is the law of nature’ life style keeps on changing because of new inventions such as genetically
modified food grains, instant food and globalization in food marketing has led to regulate the manufacture,
storage, distribution, sale and import of food articles.
– There were many laws relating to food but now all those laws are consolidated in Food Safety and Standards
Act, 2006. FSSA aims to provide safe and standard food to people.
– The implementation of FSSA can be understood by knowing about regulatory mechanism under FSSA,
guidelines given by the virtue of FSSA and judicial pronouncements with regards to FSSA all these topics
are further discussed one by one in detail.
– Mere making the legislation does not change the society, effective implementation of law is also necessary.
FOOD SAFETY AND STANDARDS ACT, 2006
HISTORY OF FOOD LAWS IN INDIA

◉ In 2003 MoH expert group proposed to create new food

law to regulate functional food and dietary supplement.

◉ In 2005 number of committees including standing committee

on parliament on agricultural submitted its 12th report where

the need of single food regulatory body and integrated food

law has emphasized.

 HISTORY OF FOOD LAWS IN INDIA

◉ Food Safety and Standards Act, 2006 came into enforcement with
two objective :
▪ To introduce a single statute relating to food and
▪ To provide for scientific development of the food processing industry
◉ On 5th Aug 2008 FSSAI is constituted.

◉ On 5th May 2011 FSS Rules are notified in to the Gazette.

◉ On 5th Aug 2011 FSS Rules and Regulation came into enforcement.
• Industry wanted just one window to deal with all the food regulations.
• Standards are rigid and non-‐responsive to scientific advancements
and modernization.

• Varied Quality/Safety standards restricting innovation in food products.

• Decentralization of licensing for food products .

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

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

• Emphasis on gradual shift from regulatory regime to self compliance.

• Consistency required between domestic and international food policy

• Mechanism for speedy disposal of cases (special courts/Special tribunals).

PFA FSSAI
Multiple Authorities Single Authority, Single Reference Point
Adulteration Food Safety
Inspection/Control (regulatory Monitoring Surveillance (self
regime) compliance)
Insufficient Full time Food Safety Officer and
Enforcement/Personnel Designated Officers Under FSC
Direct prosecution by court – no Graded fine & penalties for offences
appeal before moving to court through adjudication process.
Food Safety Tribunals
No provisions of improvement Provision of improvement notices
notices
Good Manufacturing GMP/GHP Mandatory (Schedule -‐4)
Practices(GMP)/Good Hygiene
Practices (GHP) Not mandate
Improper Control on Import Proper Import Control/Structure
Less Court Cases but HEAVY PANELTIES !
 INTRODUCTION

The Food Safety And Standards Act, 2006

◉ Passed by parliament with the intention:
● to converge different food laws in to one comprehensive act

● to have single regulatory body

FSSAI
◉ FSSAI Constituted on 5 Sep 2008

◉ FSSAI is a Statutory Regulatory Body under Ministry of Health & Family

Welfare, Government of India

◉ 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.
 WHAT IS NEW IN FSSAI

LEGISLATIONS REPLACED BY THE FOOD ACT

❖ The Prevention of Food Adulteration Act, 1954.
❖ The Fruit Products Order, 1955.
❖ The Meat Food Products Order, 1973.
❖ The Vegetable Oil Products (Control) Order, 1947.
❖ The Edible Oils Packaging (Regulation) Order, 1998.
❖ The Solvent Extracted Oil, De oiled Meal, and Edible Flour (Control) Order,
1967.
❖ The Milk and Milk Products Order, 1992.
❖ Any other order issued under the Essential Commodities Act, 1955
( 10 of 1955) relating to food.

2. Compels the establishment of food recall procedures.

3. Mandatory licensing and registration of food business.
4. Only registration – Petty FBO.
5. Mandatory to follow Food Safety System
6.Provision of Improvement Notice by DO.
7. Compounding and Adjudication of cases.
8. Special Tribunals -‐ expedite the disposal of cases.
9.Prohibits advertisements which are misleading or deceiving or
contravenes the provisions of the Act
10.All imports of articles of food are covered.
11.Self Regulation by FBOs 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.
12.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
or both.
 The Food Safety & Standards Act 2006 is Act to consolidate the
laws relating to food and to establish the Food Safety and

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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.

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.

 Preamble of the Food Safety and
Standards Act

– The main object of the act is 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.
 Contd..

– Reasons and Objects of the FSSA

– There are so many laws relating to food such as, The Prevention of Food Adulteration Act 1954, The Fruit
Products Order 1955, The Meat Food Products, The Vegetable Oil Products Order 1947, The Edible Oil
Packaging Order 1988, The Solvent Extracted Oil, De oiled Meal and Edible Flour Order 1967, The Milk
and Milk Products Order 1992 and order relating to food issued under the Essential Commodities Act 1955.
Since there are so many laws it is bit difficult to assess the problems on all scattered laws when problem is
related to so many laws. Confusion in the minds of consumers, traders, manufactures, and investors arise
due to multiplicity of laws.
 Contd..

– With the change in scenario regarding food habits of the people, development in food technologies and use
of processed food of different varieties worldwide, and to end the multiplicity of food laws and multi
departmental control, there was need to have a consolidated law relating to food.

– Due to the demand of situation government of India enacted a new law relating to food which is known as
“The Food Safety and Standards Act, 2006” and to give effect to the provisions of this Act, Rules and
Regulations have been made they are known as the “Food Safety and Standards Rules 2011 and
Regulations 2011”.
 Contd..

– FSSA also has an object to give integrated response to strategic issues like novel/ genetically modified food
and international trade, shift from mere regulatory regime to self compliance through food safety management
systems, rationalize and strengthen existing enforcement mechanism, provisions of graded penalties
depending on the gravity of offence and accordingly civil penalties for minor offences/lapses and criminal
action for various violations and to pool infrastructure, manpower, testing facilities for better standard fixation
and enforcement. These all Reasons and Objects of the law answers the question framed above, that is Why
the FSSA is needed.
 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.
 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.
Definition:

◉ Food Authority:
▪ means the Food Safety and Standards Authority of
India (FSSAI) established under Section 4.
▪ the Central Government shall, by notification,
establish a body to be known as FSSAI to exercise
the powers conferred on, and to perform the
functions assigned to, it under the Act.

◉ Local Area: means any area, whether urban or rural

notified by the Commissioner of Food Safety, to be a
local area for the purposes of this Act
Commissioner fo Food Safety:
means the Commissioner of Food Safety appointed under Section 30.
-‐The State Government shall appoint the Commissioner of
Food Safety for the state for efficient implementation of food safety and
standards and other requirements laid down under this Act and the rules
and regulations made there under.

◉ Designated Officer: means the Officer appointed under Section

36.
-‐The Commissioner of Food Safety shall, by order, appoint the Designated
Officer, who shall not be below the rank of a sub-‐ divisional Officer, to be
in-‐charge of food safety administration in such areas as may be specified
by Regulations.
◉Food Business:
means any undertaking, whether for profit or not and whether
public or private, carrying out any of the activities related to any
stage of manufacture, processing, packaging, storage,
transportation, distribution of food, import and includes food
services, catering services, sale of food or food ingredients.
Definition

◉ “Food” means any substance, whether processed, partially

processed or unprocessed, which is intended for human
consumption and includes primary food to the extent defined in
clause (zk), genetically modified or engineered food or food
containing such ingredients, infant food, packaged drinking
water, alcoholic drink, chewing gum, and any substance,
including water used into the food during its manufacture,
preparation or treatment but does not include any animal feed,
live animals unless they are prepared or processed for placing
on the market for human consumption, plants, prior to
harvesting, drugs and medicinal products, cosmetics,
narcotic or psychotropic substances :
Provided that the Central Government may declare, by notification in the
Official Gazette, any other article as food for the purposes of this Act
having regards to its use, nature, substance or quality;
◉ Standardized Food -‐ for which standards is provided in FSS(Food
Product Standards & Food Additives) Regulations, 2011 under FSSA.
◉ Primary Food (zk) -‐ Any article of food, being a produce of
agriculture or horticulture or animal husbandry and dairying or
aquaculture in its natural form, resulting from the growing, raising,
cultivation, picking, harvesting, collection or catching in the hands of a
person other than a farmer or fisherman.
◉ Proprietary Food -‐ “proprietary and novel food” means an article
of food for which standards have not been specified but is not unsafe.
◉ Genetically modified foods -‐ “genetically engineered
or modified food” means food and food ingredients
composed of or containing genetically modified or
engineered organisms obtained through modern
biotechnology, or food and food ingredients produced from
but not containing genetically modified or engineered
organisms obtained through modern biotechnology
◉ Organic foods -‐ means food products that have been
produced in accordance with specified organic production
standards.
 Salient features of the FSSA
– Sec 1- The Food Safety and Standards Act is applicable to whole India, it is the Central Act.
– FSSA defined some terms which are helpful to understand the statute, they are
– Section 3(a) of FSSA Adulterant – means the food which is made unsafe or sub-standard, or mis-branded or
containing extraneous matter.
– Section 3(g) of FSSA Contaminant- means any substance, whether or not added to food, but which is
– present in such food as a result of the production (including operations carried out in crop husbandry, animal
husbandry or veterinary medicine), manufacture, processing, preparation, treatment, packing, packaging, transport
or holding of such food or as a result of environmental contamination and does not include insect fragments,
rodent hairs and other extraneous matter
– Section 3(j) of FSSA Food- means any substance, whether processed, partially processed or unprocessed, which is
intended for human consumption and includes primary food to the extent defined in clause (zk), genetically
modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic
drink, chewing gum, and any substance, including water used into the food during its manufacture, preparation or
treatment but does not include any animal feed, live animals unless they are prepared or processed for placing on
the market for human consumption, plants, prior to harvesting, drugs and medicinal products, cosmetics, narcotic
or psychotropic substances.
 Contd..

– Section 3(q) of FSSA- Food safety - means assurance that food is acceptable for human consumption
according to its intended use.
– Section 3(zx) of FSSA Sub-standard - an article of food shall be deemed to be sub-standard if it does not
meet the specified standards but not so as to render the article of food unsafe. Penalty for sale of
substandard food is not exceeding five lakh rupees.
– Section 4 of FSSA- Food safety and Standards Authority of India is a regulatory body established by
central government under FSSA.
 Contd..

– FSSA specifically mentions provisions related to food additives or processing aid; contaminants, naturally
occurring toxic substances, heavy metals; pesticides, veterinary drugs residues, antibiotic residues, and
microbiological counts; genetically modified foods, functional foods, proprietary foods etc.
– FSSA deals with restrictions of advertisement and prohibition as to unfair trade practices under Sec 24. It
lays down general principles of advertisement. Section 52 and 53 of FSSA prescribes the punishment for
selling misbranded food and also for misleading advertisements. Penalty is three lakh rupees and the
penalty which may extends to ten lakh rupees respectively.
 Contd..

– FSSA changed the principal of caveat emptor to caveat vendor by inserting a provision which deals with
liability of manufactures, packers, wholesalers, distributors and sellers under Sec 27. In present days the
principle caveat vendor which means ‘let the seller beware’ is in practice.
– Food Authority at the Central level and Food Authority at the State level are responsible for the
enforcement of The Food Safety and Standards Act, 2006 under Section 29 of FSSA
 Contd..

– Chapter IX of FSSA deals with offences and Penalties.

– Rendering any article of food injurious to health is an offence under the Act. For food containing
extraneous matter penalty may extend to one lakh rupees. For unhygienic or unsanitary processing or
manufacturing of food penalty which may extend to one lakh rupees. For processing adulteration if it is not
injurious to health then penalty not exceeding two lakh rupees, if it is injurious to health then penalty not
exceeding ten lakh rupees.
 Contd..

– Punishment for unsafe food under Sec 59, if it does not result in injury, a term which may extend to six
months and also with fine which may extend to one lakh rupees,
– if it is non-grievous injury imprisonment for a term which may extend to one year and also with fine
which may extend to three lakh rupees,
– if it is grievous injury imprisonment for a term which may extend to six years and also with fine which
may extend to five lakh rupees,
– if it result to death imprisonment for a term which shall not be less than seven years but which may
extend to imprisonment for life and also with fine which shall not be less than ten lakh Rupees.
 Contd..

– In case of injury of death of a consumer compensation is not less than five lakh rupees and
– in case of grievous injury compensation should not exceed three lakh rupees. In case of injury
compensation should not include more than one lakh rupees under Section 65 of FSSA
 Contd..

– Appellate Tribunal are established under section 70 of the Food Safety and Standards Act 2006. To deal
with matters related to Food Safety. Tribunal is not bound by CPC but guided by Principals of Natural
Justice.
– Any person aggrieved by any decision or order of the Tribunal can appeal to the High Court within 60
days from the date of communication of decision or order by the Tribunal under Section 71(6) of FSSA
– Central government has the power to issue directions to Food Authority and obtain reports and returns,
and it can give directions to State Government under Section 85 and 86 of FSSA
 Contd..

– Central Government has the power to make Rules and Food Authority has the power to make
Regulations under the Act
– According to Section 89 of this Act has overriding effect on all other food related laws.
– Amendment- FSSA has been amended in 2008. In section 3(1) Ze is substituted under amendment as the
word member includes a Part-Time member and the Chairperson of the food authority.
– Section 7 is amended as the Chairperson can hold the office only till the age of 65 years.
 Consisting of 23 members including
Central Government
one chairperson

FoodAuthority

Secretariat

CentralAdvisory
Scientific Panel Scientific Committee Enforcement
Committee
Consisting of 48 members 8-numbers need based 1 from each scientific panel
+ 6 expert members
State Food Safety
Authority

FoodAnalyst State Food Safety

Commissioner

DesignatedOfficer

Food Safety Officer

 Food Authority
Consists of 22
members
(1/3rd shall be Agriculture
women) and Retailer (1)
Chairperson Commerce
Organization
(1)
(1)
Farmer Consumer
Organization Affairs
(2) (1)

Food
State & UT
Processing
(5)*
Chairperson (1)

Food
Health
Technologist
(1)
(3)

Consumer Legislative
Organization Affairs
(2) Food Small scale (1)
Industry Industries
(2) (1)

* On rotation basis for every three years

Duties & Functions of Authority
◉ Prepare the standards and guidelines to regulate safety of food.

◉ Setting of Limits for food additives, contaminants, Residues,

processing aids etc.

◉ Accreditation of certification bodies engaged in certification of FSMS.

◉ Procedure and the enforcement of quality control.

◉ Accreditation of laboratories and their notification to stakeholders.

◉ Method of sampling, analysis and exchange of information among

enforcement authorities.

◉ Food labeling standards including claims on health, nutrition, special

dietary uses and food category systems for foods.
Some duties and functions
◉ CAC ensures close co-‐operation CEO (1)
between Food Authority and the BIS, ICMR,
Farmer Org
Food
Industry
enforcement agencies. (3) (2)

◉ Advise to Food Authority on Invitees

(5)
Agriculture
(2)
▪ Proposal for FA’s work program. Central
▪ Prioritization of work. advisory
committee
▪ Identifying potential risks. Chairperson
Scientific
Consumer
Organization
▪ Knowledge Pooling. Committee
(1)
(2)

▪ such other functions as may be

specified by regulations. Coommissioners R&D
Of Food Institutes
Safety (28) (2)
Food Labs
(2)
◉ CAC meet regularly -‐min thrice a
year or upon invitation of
chairperson.
 Some Duties and Functions
Method of
◉ FA constitutes need based Scientific Sampling (1)
Food additives,
panel. flavorings,
Labeling
processing aids &
(1)
materials in contact
◉ Consist of independent Scientific with food (1)

expert.

◉ Provide Science based opinion Contaminants Food

Pesticides and
respective subject to FA. in the Authority
Antibiotics residues
(1)
food chain
(1)

◉ Scientific panel can invite relevant

industry and consumer organizations.
Genetically
Biological hazards modified
◉ FA time to time may re-‐constitute the (1) Organisms & Food
scientific panel by adding new Functional foods,
Nutraceuticals, (1)
members or by omitting the existing dietetic pdts & other
or by changing name of panel as the similar products
case may be. (1)
◉ Responsible for providing scientific opinion Independent
to Food Authority. Scientific Experts
(6)

◉ Provide opinion on multi-‐sector issues falling

within the scope of more than one scientific
panel or beyond the scope of any panel.
Food
Authority

◉ Set up working group for establishing

scientific opinion particularly in the case of
subjects where Scientific Panel does not exist.
E.g Fisheries Products; vegetable products etc.
Chairpersons of
Scientific Panels
• 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 programs 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 thisAct.
 Powers & Duties
• Issue or cancel license of Food Business Operator.

• Prohibit sale in contravention of thisAct.

• 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.
 Powers & 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 food business operator and also for false
complaint.
 FUNCTIONS OF AUTHORITY (SEC 16)……………

•To regulate, monitor the manufacture, processing, distribution, sale

FOOD SAFETY AND STANDARDS AUTORITY OF INDIA

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 labelling standards including claims on health,
Nutrition, special dietary uses & food category systems
•Scientific advice and technical support to central / state
governments
 REGULATORY ENFORCEMENT AT STATE

FOOD SAFETY
COMMISSIONER SPECIAL
COURT
APPELATE
REFERAL LAB TRIBUNAL

ADJUDICATING
DESIGNATED OFFICER
ACCREDITED LAB
OFFICER

FOOD ANALYST
FOOD SAFETY
OFFICER
 ROLE OF STATE AS PER THE ACT….

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.
 ROLE OF STATE AS PER THE ACT….

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
 ROLE OF STATE AS PER THE ACT….

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)
 ENFORCEMENT OF PROVISIONS OF THE ACT….

➢ Section 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 along with 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.
 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
 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.
 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.
 LICENSING AND REGISTRATION OF FOOD BUSINESS….

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

CHIEF EXECUTIVE OFFICER, FSSAI

STATE GOVERNMENT CENTRAL

COMMISSIONER OF FOOD SAFETY LICENSING
34 STATES/UT AUTHORITY

FSSAI
Head Quarters
REGISTRATION AUTHORITY LICENSING AUTHORITY (Licensing)

ZONAL DIRECTORS
DESIGNATED OFFICER
• City municipal & OTHER OFFICERS
(for inspections &
LICENSING AUTHORITY
corporation, Monitoring)

• town Panchayat,
• Gram panchayat FOOD SAFETY OFFICER
(for Inspection and
Monitoring Food Business
operators)
 PROCEDURE FOR REGISTRATION OF FOOD BUSINESS….

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

Filing of an Application

Application
Form A
Fees Rs 100/-

Processing of Application

Either grant or reject

Within 7 days of
Registration Certificate,
receipt of
Issue notice for application
inspection
If no response

Within a period of
After the Inspection grant
30 days
the registration

Food Business operator

may start business
 PROCEDURE FOR LICENSING OF FOOD BUSINESS….

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

Filing of an Application
Application
Form B
Documents + Fees
unique application
number

Improvement
Require additional Notice
information on incomplete
Application No improvement
FBO may
start the
Inspection of premises after business
Suspension
receiving completed No inspection after 60
application & issue inspection days No improvement
report
Cancelation
Either grant or reject the
license Within 60 days of
Fresh application
receipt of completed After 90 days
application or within 30 days
of inspection
 ADJUDICATION AND FOOD SAFETY TRIBUNALS…….

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

FOOD SAFETY
ADJUDICATING SPECIAL
APPELLET
OFFICER COURTS
TRIBUNAL

State Govt. to notify Central Govt. or

Central Govt. or
Adjudicating Officer State Govt. may
State Govt. may
not below the rank constitute special
notify and establish
of Addl. District courts for trial of
one or more
Magistrate. offences relating
tribunals known as
to grievous injury
Food Safety
or death of the
Appellate Tribunals
consumer
 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
 Penalty for substandard food Rs 5 lacs
Penalty for misbranded food Rs 3 lacs
Penalty on misleading advertisement Rs 10 lacs
Food containing extraneous matter Rs 1 lac
Penalty for failure to comply with food Three months of
safety officer/False & Misleading Info imprisonment/Rs 2 lacs
Penalty for unhygienic processing of food Rs 1 lacs
Punishment for unsafe food -‐Which
Does not result in injury 6 Months Imp and 1 lakhs
Non-‐grievous injury 1 Year Imp and 3 Lakh
Grievous injury 6 Y Imp and 5 Lakh
Death 7Y or Life Imp and 10 Lakh
Unhygienic or unsanitary conditions 1 lakh rupees
Not having valid license 6 M Imp and 5 Lakhs
Compensation to consumer
Death
5 lakh rupees
Grievous injury 3 Lakh
Injury 1 Lakh 22
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.
Implementation of FSSA in Karnataka
– The legislative process does not stop once a bill becomes law. The law must be put into effect, or
implemented, by an agency of the executive branch.
– Through a delegation of authority, the President makes an agency responsible for implementing the law or
an authority will be created as per the provisions of the law.
– The agency can issue administrative regulations explaining how it intends to put the law into effect and/or
what a citizen must do to comply with the law.
– Regulatory authority created under the law can have bylaws for the purpose of administration. The
regulatory process is fairly straightforward compared to the legislative process.
– There is close bounding between Center and States in legislative, administrative, and
financial sphere. Laws made in the Parliament do not have any machinery to implement those laws.
– Central laws are implemented through states. Financial assistance will be given by central government to
state government to implement the law as well does carry out its administrative works at the state level.
– Enforcement of law is possible after implementation of law hence preference should be given to
implement the law. There is difference between enforcement and implementation of law.
– Enforcement of law is the process of making sure that people obey the law where as implementation is the
act of putting a plan into an action.
Contd

– Making the law is not a big deal but implementing the law is more than the making law and it is very important to implement
the law for its practical application. Mere Implementation is not enough but effective implementation of law should be there
where people can have remedy and apply the law to their day today problems. People who are poor and illiterate may not know
the law in all the aspects making them to know the law is also a part of implementation. After knowing the law people think
getting the remedy under the law. If laws are not implemented properly then they become useless like Paper Tiger.

Implementation of law can be understood after discussing the bellow subtopics, those are Regulatory Framework under FSSA,
Guidelines under FSSA, Judicial Pronouncements. Law of land should be known to every person living in that land hence forth he/she
has the right to be informed about all the laws of land as well as information about implementation of those laws has to be
informed. All the information is easily available through the government websites of concerned departments.
–
–
 Regulatory Framework under FSSA

–
– Food Safety and Standards Authority of India is the regulatory authority which is established under section 4 of
the FSSA by central government. The head office is in Delhi.
– The Act gives statutory powers to the Food Safety and Standards Authority of India (FSSAI). FSSAI has a government website
where all the information regarding Food Authority is available that is www.fssai.gov.in. Food Authority consists of
Chairperson and 22 members out of which one-third shall be women. Shree. Ashish Bahuguna was the Chairperson of the
Food Authority during the year 2016-17.
– There will be 7 members not bellow the rank of the join secretary to the government of India, who will be appointed by the
central government to represent the ministries or departments of the central government dealing with agriculture,
commerce, consumer affairs, food processing, health, legislative affairs, small scale industries. 2 representatives from food
industry of which one shall be from small scale industries, 2 representatives from consumer organization, 3 eminent
technologist or scientists, 5 members rotationally every 3 years one each in seriatim from the zones to represent states and
union territories, 2 persons to represent farmer’s organizations, 1 person to represent retailer organizations Section 5.
– It is all about Central level totally 7+2+2+3+5+2+1= 22 members excluding chairperson.
–
– The Chief Executive Officer will be the legal representative of the Food Authority and will be responsible
for the day-to-day administration of the Food Authority, drawing up of proposal for the Food Authority’s
work programs in consultation with the Central Advisory Committee, implementing the work programs
and the decisions adopted by the Food Authority, ensuring the provision of appropriate scientific,
technical and administrative support for the Scientific Committee and the Scientific Panel, ensuring that
the Food Authority carries out its tasks in accordance with the requirements of its users, in particular
with regard to the adequacy of the services provided and the time taken, the preparation of the
statement of revenue and expenditure and the execution of the budget of the Food Authority and
developing and maintaining contact with the Central Government, and for ensuring a regular dialogue
with its relevant committees under Section 10 of FSSA
 Some of the key functions of the
FSSAI include

– Framing of regulations to lay down food safety standards,

– laying down guidelines for accreditation of laboratories for food testing,
– providing scientific advice and technical support to the Central Government,
– contributing to the development of international technical standards in food;
– collecting and collating data regarding food consumption, contamination, emerging risks etc
– disseminating information and promoting awareness about food safety in India
 Contd

– The FSSAI functions under the administrative control of the Ministry of Health and Family Welfare.
The composition of the Authority is also specified under the Act. The work of the FSSAI is supported by
State food safety authorities. Some of the important institutions are.
–
– Commissioner of Food Safety: Every State is legally mandated to appoint a Food Safety Commissioner
for implementation of food safety standards. Dr. Rathan Kelkar is the Food Safety Commissioner in
Karnataka. In organization structure firstly Commissioner comes into pitcher then Joint Commissioner
then Deputy Commissioner (administration) and Deputy Commissioner (Squad).
 Contd

– Food Safety Officer: The Food Safety Commissioners are mandated to appoint Food Safety Officers for a
given area, and assign to them the task of performing functions under this Act. The powers of the Food
Authority Officer include collecting samples of Food articles and getting them tested, seizing articles
which appear to be in violation of law and inspecting places where any article of food is manufactured.
–
– Food Analysts: Food Analysts are also appointed by the Food Safety Commissioner, and are tasked with
carrying out an analysis on any food sample collected by the Food Safety Officer, or by any purchaser of
that food product.
 Contd

– Karnataka is divided into four divisions as Bangalore, Mysore, Belagavi, Kalaburgi. All these divisions have
four Chief Food Analysts they are Sharada.M, Sheshagiri, Lingappa and Lokesh. P. respectively.
– These are also Senior Food Analysts under these four divisions. Food Analysts (Non-Medical) for all the four
divisions are appointed, at present in Banglore there are 5 food analysts, 1 analyst in Mysore and 1 analyst
in Belagavi and in kalaburgi yet to be appointed.
– Though some of the Junior Analysts (Non-Medical) are appointed to all the divisions but there are 18 posts
vacant.
 Contd

– Designated Officer: Every district has to have one Designated Officer. He/she has the authority to issue/revoke/renew a
license for a food business, or to prohibit the sale of any food article which violates any provision of the Act. This Officer
could also sanction prosecution of any food business operator, or recommend the same to the Commissioner of Food
Safety.
– Food licensing and registration system FLRS is an online application launched by FSSAI to facilitate Food
Business Operators FBO in India to apply for Licence /registration Certificate and track their applications during the
course of processing
–
– In Karnataka there are 35 Designated Officers in every district. Banglore Division has 13 Designated
Officers, Mysore Division has 8 Designated Officers, Kalaburgi Division has 7 Designated Officers and Belagavi
Division has 7 Designated Office.
–
 Contd

– Annual Report of FSSAI reports that overall there were 101687 licenses were issued including all the
states. In Karnataka 237134 licenses were issued, 2837 samples were collected and analyzed in that there
were 341 number of samples were found adulterated and misbranded.
– There were 112 civil cases were launched and 2624 criminal cases were launched and 112/ Rs. 2195900
is penalties amount raised in rupees but there are no convictions.
– There are total 213 food testing laboratories in India.
 Contd

– Laboratories: The FSSAI can notify laboratories and research institutions for the purpose of carrying out
testing of food samples by appointed Food Analysts.
– Apart from state laboratories, the FSSAI also notifies private laboratories for the purpose of carrying out
food safety tests, based on their accreditation by the National Accreditation Board for Testing and
Calibration Laboratories (NABL).
– It could also notify referral laboratories, to which an appeal could be referred from any of the
state/accredited laboratories. In total there are 72 State/Public Food Laboratories, 16 Referral Food Labs,
125 NABL Accredited Labs notified by FSSAI mostly private. In Karnataka there are 4 State/Public Labs, 2
Referral Food Labs, 11 NABL Accredited Labs notified by FSSAI.
– Regional Assistant Chemical Examiner Labs (Non-Medical) are established for the purpose of analysis of
samples from exercise department, police department and ACB cases. These Labs are in Chikamagaluru,
Chitradurga, Dharawad, Mangalore and Rayachur.
 Contd

– Section 14 of the FSS Act, 2006 provides for the constitution of the Scientific Committee which is
responsible for providing scientific opinion to Food Authority.
– Scientific Committee is formed and also it held 5 meetings during the year 2016-17. Section 13 of
the FSS Act deals with establishment of subject specific Scientific Panels which consist of
independent scientific experts to act as the risk assessment bodies and to give their considered
scientific opinion.
– Accordingly there are 17 Scientific Panels have been established they remained functional during
the year 2016-17
 Contd

– The Food Safety and Standards Act, 2006 prohibits false and misleading advertisements and labels. Similarly, the Consumer
Protection Act gives the consumer the right to be protected against such advertisements, described as an ‘unfair trade
practice’.
– In order to detect and curb violations of the FSS Act in respect of advertisements, FSSAI has signed a Memorandum of
Understanding (MOU) with the Advertising Standards Council of India (ASCI), as per which ASCI will comprehensively
monitor cases of misleading advertisements in the food and beverage (F & B) sector across various media channels.
– ASCI have processed 257 misleading advertisements during the year 2016-17.
– ASCI will also process complaints against misleading F&B advertisements received through various sources, including the
GAMA (Grievances against Misleading Advertisements) portal of the Ministry of Consumer Affairs.
– The MoU also requires ASCI to report to FSSAI non-compliance by any FBO of ASCI’s directions on the advertisement for
further action as required under provisions of FSSA.
– But the One more Appellate Tribunal was established during the year 2016-17.
– According to FSSAI 2016-17 Annual Report Table 3 which deals with
Administrative Setup in States/UTs under FSS Act, 2006 (as on 31.03.2017) have
reported that there are no tribunal set up in Bihar, Goa, Himachal Pradesh,
Jammu and Kashmir, Jarkhand, Karnataka, Mizoram, Nagaland, Orissa, Sikkim
and Tamil Nadu.
Contd
– Research and development in food testing : FSSAI has taken up a number of research & development projects in associations
with various research institutes like ICMR, CSIR and ICAR, in order to undertake study in various areas focusing , inter-alia, on
improvisation of existing analytical methodologies or developing novel technologies in the area of analysis. Some of the major
research projects are:
– 1. Species identification to check adulteration of cheaper quality meat in meat- ICAR.
– 2. Validation and standardization of the GC analysis method for determination of milk fat purity – ICAR.
– 3. Occurrence of acryl amide in processed food products of India. – CSIR.
– 4. Development of novel methodologies for the identification and quantification of oils - CSIR.
– State-wise 213 Food Testing Laboratories in the Country as on 31.03.2017 under the Food Safety and Standards Act, 2006 and
Rules/ Regulation, 2011 made there under.
– FSSAI launched its new initiative, FSKAN (Food Safety Knowledge Assimilation Network), which would be a
framework for scientific cooperation in the area of food safety and nutrition in the workshop. Food Safety Knowledge
Assimilation Network (FSKAN) is a network of organizations that would facilitate assimilation of scientific knowledge in the area
of food safety and nutrition, identification of gaps in research and funding research projects in such gap areas and coordinating
and implementing research projects. . The network approach helps to foster the continuous development and learning
environment within food industry while creating ways and means of capturing innovative industry inputs.
– FSSAI intends to use the same ‘smart consumer’ mobile App to additionally capture information related to FSSAI
license numbers, food product test certification details, whether the product is under recall etc. If there is any problem with the
product consumer can file a online complaint or share his/her concern. ibid
 Contd

– STEP 1: Identify type of food and the problem observed

– STEP 2: Identify the recommended practices not followed under the premises
– STEP 3: Identify the Outlet or Product Brand Name and provide address of the Seller/Outlet of the
product
– Once all the details are provided, your concern will be shared with the nearest Food Safety
Officer for further follow up. As well as a consumer can track his/her concern by clicking on the option
track your concern. Consumers can alternatively download FSSAI mobile app to share their concern.
– Food Safety Connect, https://foodlicensing.fssai.gov.in/cmsweb/HOME.aspx,
 Contd
– Guidelines under FSSA
– In the food and beverage packaging, there is one important aspect called food labeling. On the food labeling, there are crucial aspects related
to the product and even of the producer. The information is usually for the safety of the consumer and it is mandatory that every packaged food
article has to be labeled so FSSAI has given some guidelines as to labeling the food products they shall provide the following information
– Name of Product
– List of ingredients
– Nutritional information
– Declaration regarding vegetarian or non-vegitarian
– Declaration regaring food additives
– Name and address of manufacturer
– Net quality
– Code No/ Lot No/Batch No
– Date of manufacture and Best Before and use by date
– Country of origin for imported food
– Instruction for use.
 Contd

– In order to ensure safety, FSSAI has come out with an order/advisory for restricting the use of news
paper as food packaging material. FSS Regulations which are framed till 2018, FSSAI Business Transaction
Regulations 2010 and FSS Rules all are published under FSSAI government websites, where a common
man can have easily access to it and know the law.
– In order to ensure food safety, FSSAI has come out with guidelines for operations of E-
commerce Food Business Operators. All applicable provisions of the Act and the Rules and Regulations
made there under are to be complied with by e-commerce entities in food business. FSSAI rolled out
online Food Licensing and Registration System (FLRS) in Konkan Railways in June, 2016 and initiated the
process of rolling out FLRS in Indian Railways. Chattisagarh and Orissa went to online
Licensing/Registration (FLRS) during the year 2016-17. Now even in Karnataka online registratation is
available in government website.
 Contd

– Food Safety Display Boards: As per the FSS Regulation, there is a mandatory requirement of displaying
FSSAI License/Registration Number at food premises. Usually, the FSSAI license number is not visible to the
consumers. Thus, to change the overall consumer perceptibility and to strengthen food safety, FSSAI has
introduced Food Safety Display Boards (FSDBs) for various food businesses. Henceforth, in addition to the
existing mandatory requirement of displaying FSSAI License/ Registration Number, it will also be
mandatory (in a phased manner) for FBOs to display these Food Safety Display Boards at FBO premise.
– Food Safety Display Boards are informative boards which primarily display food safety and
hygiene practices to be followed by FBO in their establishment. The FSDBs are colour coded for different
kind of food businesses for ease of recognition by the consumers.
 Three important elements of
FSDBs are:

– Display of FSSAI registration/license number of the FBO, which the customer can verify at FSSAI
website.
– Food Safety and Hygiene Requirements - Inform the consumers, the food handlers and the regulatory
staff about these important requirements, thus getting 360 degree assurance on food safety.
– An effective consumer feedback system that provides various options to consumers for sending
feedback through WhatsApp, SMS or give feedback on FSSAI Act, as all the contact details are
available on website
– Food Safety Display Board, http://www.fssai.gov.in/home/safe-food-practices/food-safety-display-
boards.html
Contd
– In February 2018, FSSAI platforms operationalised the guidelines for e-commerce FBOs, which, provided
for the display of the FSSAI license numbers of listed FBOs on e-commerce and an agreement between
the e-commerce platforms and FBOs to comply with the Food Safety and Standards Act and Rules and
Regulations, 2011. FSSAI, in its directive to e-commerce food service platforms, has asked that
immediate action be initiated to delist the defaulting food businesses and an action taken report be
submitted along with the details of FBOs listed on their platforms by July 31, 2018.
– Food business operators (FBOs) who do not have licenses to operate and doing businesses
through e-commerce platforms have come under the scanner. FSSAI, the country’s apex food regulator,
has issued a direction to 10 e-commerce businesses, viz Box8, Faasos, FoodCloud, Foodmingo,
Foodpanda, JusFood, LimeTray, Swiggy, UberEats and Zomato, to debar unlicensed FBOs from
operating. This decision was taken because of series of complaints related to sub-standard food being
supplied by food businesses listed on these e-commerce foodservice platforms.
Contd

– FSSAI ties up with US firm Decernis Ltd to get access to global standards. Food
Authority died up with Coca-cola to train 50,000 food vendors and it has
banned “Carcinogenic” additive potassium bromated in bread. CSE study had
found that 84% of 38 commonly available brands of pre-packaged bread,
including pav and buns tested result was positive for potassium bromated.
– FSSAI has directed state food commissioner to scrutinize and initiate
stringent action against advertisement which rise misleading claims on the
quality of food and beverages being marketed in the state.
Contd.

– Bombay High Court upholds the Food Safety and Standards Act. When FSSA
made operational, Gujarat State had 4095 cases under PFA pending in different
courts. On 2-8-2016 FSSA wrote a letter and advised the state to examine old
PFA cases and arrange their closure/withdrawal. An initiative was taken by State
of Gujarat to reduce the pendency of old cases under PFA Act by forming
Technical Expert Committee it segregated pending cases in three categories,
“misbranding but not unsafe”, “substandard but not unsafe”, and “unsafe”. The
Committee examined 4329 cases and suggested that 3881 cases were in respect
of food that were not unsafe and could be disposed of with fine only. It is
uploaded on 13-03-2018.
 Judicial Pronouncements

In Mohammad v. Union of India, petitioner had imported Betel Nuts from Sri Lanka. The product sample was
analyzed by the notified laboratory at Chennai and the referral Laboratory at Mysore, wherein it was found
that the said consignment had damaged/discolored units more than the prescribed standards under the
regulation 2.3.47(5) of Food Products Standards and Food Additives Regulations, 2001.
There was a question whether the violation of food safety and standards amount to unfair trade practice or
no. in this case High Court of Madras held that the Areca nut (betel nut) was an agricultural product which fell
within the definition of primary food as per Section 3(2) of FSSA, hence it shall undergo all standards
prescribed under FSS Regulations, 2011 and as the sample drawn from the import consignment did not
conform to the standards laid down under FSS Regulations so consignment can’t be released to the petitioner.
Contd
– U.P Food Inspector allocated a batch of 12 maggi packets to the research lab in Gorakhpur, after detection of some harmful chemicals in taste-
maker the batch was then transmitted to Kolkata. It was found that there was excess lead that is 17.2 ppi which is 8 times higher than the
permissible limit. The permissible limit of lead range is of 0.01-2.50 ppi. It was also found that there was MSG (Monosodium glutamate) which
increases the body MSG level by 20% which is harmful for human especially children. Excess lead leads to neurological issues.
– In Nestle India Ltd v. The Food Safety and Standards Authority of India, Bombay High Court set aside the order of Food Safety
and Standards Authority of India and allowed maggi to the market. FSSAI in its order had banned manufacture, distribution and sale of all
varieties of Nestle’s Mggi Noodles and had termed them “unsafe and hazardous for human consumption” Nestle was directed to recall all instant
noodles product from the market. This order was appealed to High Court for judicial review and contended that
– (i) Firstly the order have been passed in complete violation of principles of natural justice since Respondent had not issued any show cause notice
to the Petitioner and had not given any particulars on the basis of which they proposed to pass the impugned orders. It was contended that the said
order was completely arbitrary.
– (ii) Secondly the reports of the Food Laboratories on the basis of which the impugned order was passed was either not accredited by NBAL or
notified under section 43 of the Food Safety and Standards Act. 2006, and even if some Food Laboratories were accredited, they did not have
accreditation for the purpose of testing lead in the product.
– (iii) Thirdly the product had to be tested according to the intended use and this was not done and, therefore, no reliance could be placed on the
said reports.
– (iv) Fourthly that the samples of batches in its own accredited laboratory and the results showed that the lead contained in the product was well
within the permissible limits.
– (v) Lastly, it was contended that there was no question of challenging the analysis made by the Food Analyst in the Food Laboratory by filing an
appeal under section 46(4) of the Act since by the final impugned orders Respondent had already pre-determined the issue and, therefore,
Petitioner had no other option but to challenge the order.
 Contd

– Court held that the Food Authority has no power to prohibit the manufacture for sale, storage or distribution of any article whether
used as food. Such a poor can only arise as a result of wider policy decision and emanate from parliamentary legislation or at least
by exercise of the power by central government by framing rule under 23 0f the FSS Act.
– In the final order of Supreme Court it is said that though petition is allowed, still in concern of public health and
public interest before allowing petitioner to manufacture and sell products petitioner should send 5 samples of each batch which are
in their possession to 3 food laboratories accredited and recognized by NABL as per the provisions of FSS Act. Finally order was
held arbitrary and violation of Article 14 and 19(1)g.
– Officials of food safety and standards authority of India conducted raids in Adulterated tea, banned tobacco products
seized. The teams conducted inspections at shops in Ondipudur, Singanallur, Peelamedu, Ganapathy, Kuniamuthur, Sulur on
Thursday and Friday. During the inspection, they found adulterated tea weighing around 66.50 kg kept for sale in a few shops.
Similarly another team seized 34 kg of banned tobacco products from a shop in Annur. Totally 42 kg of banned tobacco products
were seized. Besides this, the teams also seized 30 litres of expired drinking water sachets. The seized products were destroyed.
Showcause notices under section 63 of FSSAI Act were served on 19 shops that do not have licence for running food business. The
Madras High Court has observed that tobacco is not a food product for the purpose of Food Safety and Standards Act and no
proceedings can be initiated against the manufacturers under the Act.
 Conclusion
– Food Safety and Standards Act is implemented to some extent, but there is need to have effective implementation even at the
stage of small villages. There is need to have more and more awareness programs in villages. There are many government posts
which are vacant in relation to Food Safety those vacancies has to be field up to have effective implementation of the Act.
– Some of the Food Products don’t have any labels even after having guidelines by FSSAI those kinds of food
products have to be advice to have labels and has to comply with the guidelines of FSSAI. People neglect to raise a question
related to defective food products if they are purchased for less amounts for example 5 or 10rs plane Potato Chips are packed in
plane plastic covers they don’t contain any label so it becomes difficult to know the date of manufacture. These kind pity things
also should be taken care of FSSAI. Though there is option in FSSAI website where consumer concern can be taken into
account but it is not working properly.
– There are less number of NABL Accredited labs hence it led to the inconvenience for testing the
food products in the areas where NABL Accredited labs are not found. As we that right to have Safe food is our Fundamental
Right in order to have healthy food it has to be tested well. It is the Responsibility of the government to establish some more
NABL Accredited Labs. Government is under obligation to look after its citizens in all the aspects.
– Some States don’t have Tribunals so no speedy trial of cases so there is need to have Tribunals in all the States.
Even Karnataka don’t have Tribunal if the Tribunal would be there then the cases which come within the Food Safety and
Standards Act would be solved easily without delay.
–