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THE CHANGING FACE OF INDIAN FOOD

LEGISLATION

Market Insight - Foods & Beverages


July 2010
Agenda

1 Food Laws in Practice

2 Food Safety and Standards Act, 2006

3 Food Additive Regulations: Comparative Chart

4 New Trends

5 Conclusion

2
List of Abbreviations

BHA Butylated hydroxyanisole MT Metric tonnes

CAC Codex Alimentarius Commission MUFA Mono-unsaturated Fatty Acid

CAC Central Advisory Committee PASSCLAIM Process for the assessment of scientific support for
claims on foods

DO Designated Officer PFA Prevention of Food Adulteration Act

EU European Union PHVO Partially Hydrogenated Vegetable Oils

FCF Color ppm parts per million

FOSHU Foods for Specified Health Use PUFA Polyunsaturated fatty acids

FSO Food Safety Officer RDA Recommended Daily Allowance

FSSA Food Safety and Standards Act RTD Ready to Drink

FSSAI Food Safety and Standards Authority of India SFA Saturated Fatty Acids

FUFOSE Functional Food Science in Europe TBHQ Tertiary butyl hydroquinone

GDP Gross Domestic Product TFA Trans Fatty Acids

GM Genetically Modified WTO World Trade Organization

GMP Good Manufacturing Practices

3
Food Laws in Practice

INTRODUCTION

The Indian economy has been experiencing fast-paced growth (~8% GDP growth) over the past few years. This growth
reflected on the consumer in terms of higher incomes.

Higher incomes have resulted in increased spending. This phenomenon accompanied by a change in the share of wallet,
especially with respect to food articles. From primary foods, the spending has shifted towards processed and other high-
end foods. Simultaneously, a growing export market has boosted the Indian food processing industry in a major way.

However, the regulatory side has been a major restraint. Only recently this area has received the required attention.
Earlier the regulatory framework involved multiple agencies with overlapping functioning which prevented a smooth &
coordinated functioning and often led to Catch 22 situations. Many of these regulations were from the pre-independence
era and were in urgent need of up-gradation. Others which were drafted in the 70s & 80s, still focused more on primary
food rather than the processed food industry. As a result, most of regulations regarding the food additives were arbitrary,
without international benchmarks & no scientific basis.

Further, with India becoming a member of WTO, it became imperative for the local players to match up to the international
food standards. This was important especially since WTO subscribes to the CAC ( or popularly referred to as Codex) as a
reference standard to settle disputes arising out of food trade between nations. And now, the Codex reference standards
have become binding on all WTO members

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Food Laws in Practice (Contd)

INTRODUCTION

In 2005, the Government of India came out with a draft food safety bill which proposed a single umbrella law. Its aim was
to simplify the various processes and also provide a scientific basis for most of the regulation. This draft finally emerged as
the Food Safety & Standards Act, 2006.

Existing Food Laws Existing Food Laws

Livestock Vegetable Oil


Importation Act, Products
1898 2005 (Control) Order.
1947
Prevention of Food Draft Fruit Products
Adulteration Act, 1954 Food Order, 1955
Safety
Bill
Solvent Extracted Oil,
Meat Food Products De-oiled Meal & Edible
Order, 1973 Flour (Control) Order,
1967
Old Laws Repealed
Milk & Milk Products Edible Oils Packaging
Order, 1992 (Regulation) Order,
1988

Simplified, Food Safety and


Scientific basis
single-window Standards Act, 2006

5
Food Laws in Practice (Contd)

EVOLUTION OF FOOD LEGISLATION IN INDIA

Livestock Prevention Essential Solvent- Meat Food Consumer Edible Oils The Infant
Importation of Food Commoditie extracted Products Protection Packaging Milk
Act Adulteration s Act (Food) Oil, De-oiled Order Act (Regulation) Substitute
Act Meal and Order Act and
1898 1955 1973 1986 Rules
Edible Flour
1954 1988
1967 1992

1900 x x x x x 2009

Vegetable Fruit Export The Standards of Environment Milk and Food Safety
Oil Products Products (Quality Insecticide Weights and Protection Milk and
(Control) Order Control and Act measures Act Products Standards
Order Inspection) Order Act
1955 1968 1976 1986
Act
1947 1992 2006
1963

6
Food Laws in Practice (Contd)

LIVESTOCK IMPORTATION ACT, 1898

PATRON MINISTRY HIGHLIGHTS


Ministry of Agriculture Aims at checking the importation of stock through regulations,
restrictions or direct prohibition. Main objective is to limit the entry
of diseased (especially contagious) livestock in the country.
The state government is responsible for implementation of
developing framework and penalties for implementation. Deviation
REGULATING BODY
from act attracts a fine of up to one thousand rupees.
Department of Animal Husbandry, Dairying & Fisheries

PRODUCT COVERAGE
Meat, poultry and dairy products

ISSUE COVERAGE
Sanitary and Phyto-sanitary

7
Food Laws in Practice (Contd)

VEGETABLE OIL PRODUCTS (REGULATION) ORDER, 1998

PATRON MINISTRY HIGHLIGHTS


Ministry of Consumer Affairs, and Food & Public Vegetable Oil Products (Control) Order, 1947 & Vegetable Oil
Products (Standards of Quality) Order, 1975 were consolidated to
Distribution
form the new & updated - Vegetable Oil Products (Regulation)
Order, 1998 for regulation of manufacture, distribution, and sale
of vegetable oil products.
REGULATING BODY
Salient Features of the Order:
Directorate of Vanaspati, Vegetable Oils & Fats, The procedure of registration was simplified.
Department of Food, Public Distribution The standards of quality prescribed under the schedule
were made more strict.
Vague and non-measurable requirements, which were
PRODUCT COVERAGE open to arbitrary interpretation have been changed
The focus of the order is on enhancing consumers
Edible vegetable oils such as, groundnut, cottonseed,
protection through assured quality.
mustard oil, and so on

ISSUE COVERAGE
Quality standards, manufacturing regulations, and
distribution

8
Food Laws in Practice (Contd)

PREVENTION OF FOOD ADULTERATION ACT,1954

PATRON MINISTRY HIGHLIGHTS


Ministry of Health and Family Welfare The act sought to protect the end consumer against impure,
unsafe, and fraudulently labeled foods. It was applicable equally to
domestic and imported products.
Included aspects such as food color, preservatives, pesticide
REGULATING BODY residues, packaging and labeling, and regulation of sales.
Director General of Health Services, Central Focused on regulatory standards for primary food products, which

Committee of Food Standards constituted the bulk of the Indian diet in the 50s and 60s.
The act was limiting in scope as it prescribed recipes (for certain
products) and not merely minimum product quality specifications.
Public analysts and food inspectors were responsible for food
PRODUCT COVERAGE testing. These officials were appointed by the state government.
Food Primary and processed Central Food Laboratory - worked as an appellate laboratory
under PFA Act, 1954 to check adulteration in the food sample.
Central Committee for Food Standards, chaired by Director
General of Health Services, was the decision-making entity.
ISSUE COVERAGE
Food standards, general procedures for sampling,
analysis of food, powers of authorized officers, nature
of penalties, and other parameters related to food.

9
Food Laws in Practice (Contd)

FRUIT PRODUCTS ORDER, 1955

PATRON MINISTRY HIGHLIGHTS


Ministry of Food Processing Industries The order made it mandatory for all manufacturers to obtain a
license.
An expert group was authorized to discuss and recommend
amendments in the Fruit products order. This expert group was
the Central Fruit Product Advisory Committee comprising of
REGULATING BODY
government officials, technical experts, representatives of Central
Directorate of Fruit and Vegetable Preservation
Food Technology Research Institute, Bureau of Indian Standards,
fruits and vegetable processing industry and consumer
organization.
Requirements that were laid down in the fruit product order for
PRODUCT COVERAGE
hygienic production and quality standards are:
Fruits, fruit products including synthetic syrups, Location and surroundings of the factory
synthetic vinegar, and aerated sweetened beverages Sanitary and hygienic conditions of premises
Personnel hygiene
Portability of water
Machinery and equipment with installed capacity
ISSUE COVERAGE Quality control facility and technical staff
Sanitation and hygiene conditions in the premises of Product standards
production Limits for preservatives and other additives

10
Food Laws in Practice (Contd)
SOLVENT-EXTRACTED OIL, DE-OILED MEAL AND EDIBLE FLOUR (CONTROL) ORDER, 1967

PATRON MINISTRY HIGHLIGHTS


Ministry of Consumer Affairs, and Food & Public Governs the manufacture, quality, and movement of solvent-
Distribution extracted oils, de-oiled meal, and edible flour.
Standards for hexane, which acts as a solvent in the oil extraction
process, was specified to prevent contamination of oil.
Consumer protection through quality assurance of solvent-
REGULATING BODY extracted oils, de-oiled meal, and edible flour.
Directorate of Vanaspati, Vegetable Oils and Fats, Eliminates the possibility of diversion of the oils for unintended
Department of Food, Public Distribution uses.
Prohibits by, offer to buy, use or stock for use, any solvent not
conforming to the quality standards for extraction of vegetable oils.

PRODUCT COVERAGE Specifies particulars to be declared on the label affixed to the


container.
Edible Oils, Flour

ISSUE COVERAGE
Quality Control for Solvent-extracted Edible Oil

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Food Laws in Practice (Contd)

MEAT FOOD PRODUCTS ORDER, 1973

PATRON MINISTRY HIGHLIGHTS


Ministry of Agriculture The order makes it mandatory for all entities engaged in the
business of manufacturing, packing, repacking, re-labeling meat
food products meant for sale to be licensed but excludes those
who manufacture products for consumption on the spot, such as
restaurants, hotels, and so on.
REGULATING BODY
Production of meat is governed by the local by-laws as
Directorate of Marketing Inspection slaughtering is a state subject and slaughterhouses are controlled
by local health authorities.

PRODUCT COVERAGE
Meat and meat products related to sheep, goat, hog,
cows, buffaloes, fishes, and poultry

ISSUE COVERAGE
Quality control about hygiene and sanitation in
production and sale of meat products

12
Food Laws in Practice (Contd)

EDIBLE OILS PACKAGING (REGULATION) ORDER, 1988

PATRON MINISTRY HIGHLIGHTS


Edible oils including edible mustard oil to be sold only in the
Ministry of Consumer Affairs and Food & Public
packed form.
Distribution
Packers would have to register themselves with a registering
authority.
The packers should have their own analytical facilities or
REGULATING BODY
adequate arrangements for testing the samples of edible oils
Directorate of Vanaspati, Vegetable Oils & Fats, compatible with the government standards.
Department of Food, Public Distribution Only oils which comply with the standards of quality as specified
in the Prevention of Food Adulteration Act, 1954 and rules
provided will be allowed to be packed.
Each container or pack will have to prescribe or display all
PRODUCT COVERAGE
relevant particulars so that the consumer is not misled, as well as
Edible Oils the identity of the packer becomes clear.
Edible oils shall be packed in conformity with the Standards of
Weights and Measures (Packaged Commodities) Rules, 1977,
and the Prevention of Food Adulteration Act, 1954 and rules

ISSUE COVERAGE made there under


Under special circumstances, the state governments will have
Quality control about packaging, sale, and distribution the power to relax any packaging requirement .

13
Food Laws in Practice (Contd)

MILK AND MILK PRODUCT ORDER, 1992

PATRON MINISTRY HIGHLIGHTS


Ministry of Agriculture Any person/dairy plant handling more than 10,000 liters per day of
milk or 500 MT of milk solids per annum needs to be registered
with the registering authority.
To promote increased dairy production, previous restriction on
setting up of a new dairy unit and expanding capacity were eased.
REGULATING BODY
The main focus was to monitor the sanitary and hygiene
Department of Animal Husbandry, Dairying and conditions as well as the quality and food safety measures
Fisheries

PRODUCT COVERAGE
Milk and Milk Products

ISSUE COVERAGE
Maintain and increase the supply of desired quality of
milk. Regulate the production, processing, and
distribution of milk and milk products.

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Food Safety and Standards Act, 2006

INTRODUCTION

The Food Safety and Standards Act, 2006 is a novel piece of legislation, very different from the previous legislations that it
replaces.

Focus on two main segments: the end consumers and the food industry. Most of the clauses within this legislation seek to
protect the consumer against adulterated and harmful foods while at the same time adopt a more liberal attitude to promote
the food industry. The government has reduced its role to the very minimum. The onus of food safety has been put on the
food sector itself. The aim is to have an efficient self regulation mechanism than the previous bureaucratic and tedious
mechanism.

The act is forward looking and revolutionary in many ways. For instance, the FSSAI acknowledges the need to develop a
science-based approach for developing standards. It also has introduced the concept of GMPs (good manufacturing
practices), which promotes innovation and safety simultaneously. Including new-to-world food categories such as functional
foods and widening the scope to include caffeinated drinks has been another positive move. Regulatory wise it proposes a
single window system for obtaining licenses and setting up special fast track food courts to address litigations in this area.

There are some areas of concerns though, such as primary food products - farm gate level - have not been brought under the
purview of FSSA about the minimum standards.

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Food Safety and Standards Act, 2006 (Contd)

FOOD SAFETY AND STANDARDS ACT, 2006

PATRON MINISTRY SUMMARY


Ministry of Health and Family Welfare Various central Acts such as 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-
REGULATING BODY Oiled Meal and Edible Flour (Control) Order, 1967; Milk and Milk
The Food Safety and Standard Authority of India Products Order, 1992; and so on will be repealed after
commencement of FSSA, 2006.
(FSSAI)
A single reference point for all food safety and standards matters,
by moving from multi-level, multi-departmental control to a single
line of command.

PRODUCT COVERAGE
Food primary, processed, meat, poultry, milk, and
fruit products

ISSUE COVERAGE
All issues related to production, processing, marketing
and distribution of food and food related articles

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Food Safety and Standards Act, 2006 (Contd)

FSSAI STRUCTURE
Food Chairperson (1)
Authority Ex-officio Members (7)
State Zonal Members (5)
Food Industry (2)
Food Scientist (3)
CEO / Consumer Organization (2)
Commissioner of Farmer Organization (2)
Retailer Organization (1)
Food Safety
Implementation Side Policy Side

State
Commissioner
of Food Safety
Central
Scientific
Advisory
Committee
Designated Committee
Officer

Food Safety Scientific


Officer Panel

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Food Safety and Standards Act, 2006 (Contd)

CEO, the legal representative of the FSSAI, is responsible for the day-to-day functioning of the
CEO /
authority; acts as the Commissioner of food safety when dealing with matters pertaining to food
Commissioner
safety; coordinates with the central advisory committee? (CAC) and the scientific panels to ensure
of Food Safety
smooth functioning of the FSSAI.

Responsible for developing the policy and framework for implementation of the FSSA, 2006. It is
headed by the chairman of FSSAI. Others include five ex-officio members (from respective
Food Authority
government departments), representatives from scientific community, consumer, farmer & trade
bodies, and state government.

The Central Advisory Committee (CAC) headed by the CEO, consists of two members each to
Central represent the interests of food industry, agriculture, consumers, relevant research bodies, and food
Advisory
laboratories. Commissioners of food safety and the chairperson of the scientific committee shall be
Committee
ex-officio members. It supports the food authority in the decision-making process.

Consists of independent scientific experts on a particular topic. Scientific panel is tasked with
Scientific Panel providing the scientific basis for recommendation based on their study. The panel may invite
representatives from the concerned industry/sector as observers or for general discussions.

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Food Safety and Standards Act, 2006 (Contd)

The scientific committee is composed of the chairpersons of the scientific panels and six
Scientific independent scientific experts not belonging or affiliated to any scientific panel. It is responsible for
Committee providing the scientific opinions to the food authority, and shall have the powers, where necessary,
of organizing public hearings.

State Appointed by the state government, is the enforcing agent of FSSAI at the state level. He
Commissioner
coordinates with the CEO/commissioner of food safety for the duties.
of Food Safety

A designated officer (DO), is appointed for each district. The DO is responsible for issuing or
Designated
canceling licenses, prohibiting sale of food articles that violate specified standards, receiving report
Officer
and samples of food articles from food safety officers and getting them analyzed.

Food Safety The Food Safety Officer (FSO) is the agent who acts at the local level and is responsible for
Officer enforcement of the act at the grass-roots.

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Food Safety and Standards Act, 2006 (Contd)

FUNCTIONS AS PER FSSA, 2006

Frame regulations to form the standards and guidelines for food and food products, and specify appropriate system for
enforcing them.

Form mechanisms and guidelines for accreditation of certification bodies engaged in certification of food safety management
system for food businesses. Develop the procedure and guidelines for accreditation of laboratories and notification of those
laboratories.

Provide scientific advice and technical support to central and state governments in issues that have a direct or indirect
bearing of food safety and nutrition.

Collect and collate data regarding food consumption, incidence and prevalence of biological risks, contaminants and residues
in food, identification of emerging risks, and introduction of rapid alert system.

Create an information network across the country so that the public, consumers, panchayats, and so on receive 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.

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Food Safety and Standards Act, 2006 (Contd)

FSSA HIGHLIGHTS

Everyone in the food sector is required to get a license or a registration that would be issued by local authorities. Temporary
stall holders are exempted from the license but need to get their businesses registered with the local municipality or
panchayat.

Issue of food traceability is addressed under the FSSA, 2006. Every food distributor should be able to identify any
intermediate product to its manufacturer. Further, anyone in the sector should be able to initiate recall procedures if the food
sold had been found to violate specified standards.

Graded penalty structure is proposed, where the punishment depends on the severity of the violation. Offences such as
manufacturing, selling, storing, or importing sub-standard or misbranded food could incur a fine or imprisonment. The
sentence could extend to life imprisonment in case the violation causes death. Petty manufacturers who make their own food,
hawkers, vendors, or temporary stall holders could be fined up to Rs. 25,000 if they violate the specified standards.

The draft includes regulations for genetically modified (GM) foods. It includes definition of foods that can be considered as
GM. Detailed regulations to be suggested by the concerned scientific panel.

The FSSA includes a new category of foods - functional foods. It broadly defines what qualifies a functional food and its
scope. A more detailed regulation on is expected soon.

New Judicial Process: The state government is the authority to decide on breach of FSSA regulations cases. An
adjudicating officer, appointed by the state, would preside on such cases. Anybody unsatisfied with the decision may appeal
to the food safety appellate tribunal (or to the state commissioner until the tribunal is constituted). The tribunal enjoys the
same powers as a civil court and decides the penalty in case of non-compliance with the provisions of the Act.

21
Food Additive Regulations: Comparative Study

FOOD CATEGORY DEFINITIONS


The FSSA, 2006, holds an exhaustive list of food articles under different categories. To make this list readable and easier to
comprehend, Frost & Sullivan has clubbed similar food articles (based on ingredient usage and nature for example: all types of
canned fish products such as canned shrimps, canned tuna, canned sardines and so on). The eight broad categories that are
considered cover most of the food products mentioned under the act, they are:

a) Baked Products

b) Snacks and Sweets

c) Instant mixes, RTD beverages, processed cereal goods

d) Confectionery Products

e) Margarine and Fat Spreads

f) Edible Oils

g) Frozen Fish Products

h) Canned Fish Products

The definitions and the products included in each category are provided in the following slides. In addition to the above, the food
products under Not Specified have also been listed.

Note: This study has adopted an additives focused approach. The various food categories are further classified based on
the major additive classes.

22
Food Additive Regulations: Comparative Study (Contd)

FOOD CATEGORY DEFINITIONS

PRODUCT CATEGORY KEY FOODSTUFF INCLUDED

Baked Products Bread, Biscuits

Snacks and Sweets Sweets (carbohydrate and milk product-based): Halwa, Mysore Pak, Boondi Ladoo, Jalebi, Khoya
barfi, Peda, Gulab Jamun, Rasgolla, and similar food products

Snacks/Savouries (fried products): Chiwda, Bhujia, Dalmoth, Kadubale, Kharaboondi, Spiced and
Fried dals, banana chips, and similar fried products

Instant mixes, RTD beverages, processed Instant mixes such as idli, dosa, upma, pongal, puliyogare, gulab jamun, jalebi, vada, and so on
cereal goods
Rice and Pulses-based Papads, Ready-to-serve beverages such as Tea/Coffee-based

Confectionery Products Chewing gum / bubble gum, Sugar-based / sugar-free confectionery, Chocolates, Synthetic syrup
for dispensers, Lozenges

Edible Oils Tallow, Lard, Edible vegetable oils and fats

Margarine and Fat Spreads Table margerine, Bakery and industrial margerine, Fat spread

Frozen Fish Products Froxen shrimps, Frozen lobsters, Frozen finfish, Frozen fish fillets

Canned Fish Products Canned finfish, Canned shrimps

Canned sardines, Cannes tuna and bonito, Canned crab meat

23
Food Additive Regulations: Comparative Study (Contd)

FOOD CATEGORY DEFINITIONS

Note:

For the purpose of this regulation good manufacturing practices (GMP) for use of food additives means the food

additives used under the following conditions namely

(i) the quantity of the additive added to food shall be limited to the lowest possible level necessary to

accomplish its desired effect;

(ii) the quantity of the additive becomes a component of food as a result of its uses in the manufacturing,

processing or packaging of a food and which is not intended to accomplish any physical or other technical

effect in the food itself; is reduced to the extent reasonably possible; and

(iii) the additive is prepared and handled in the same way as a food ingredient.

Not Defined - Not included or defined under previous Act

- Not permitted under the Act

24
Food Additive Regulations: Comparative Study (Contd)

PERMISSIBLE FOOD ADDITIVES: COLOR

Food coloring is applied to increase the visual appeal of the food product. Colors are the key ingredients derived either
naturally or through synthetic means to lend a particular color to the foodstuff. This section covers the key synthetic and
natural colors (including anthocyanins, carotenoids, chlorophylls, spice oleoresins, and others).

Note:

(i) As per the FSSA, the addition of coloring matter to any article of food except those specified is prohibited

(ii) Lake Colors as colorant in foods - Aluminum Lake of Sunset Yellow FCF may be used in powdered dry beverages mix (powdered soft drink

concentrate) up to a maximum limit of 0.04 percent by weight.

25
Food Additive Regulations: Comparative Study (Contd)

Ingredient - Color Before FSSAI Draft FSSAI Food Class

Methylester of beta-apo-8
GMP GMP
carotenic acid
Baked products (Biscuits)

Tartnazine 100 ppm (maximum) 100 ppm (maximum)

30 mg/kg (maximum. cooked 30 mg/kg (maximum. cooked Frozen fish products


Ponceau 4 R
mass) mass)
(Frozen Shrimp)

Sunset yellow - -

Ponceau 4 R - - Canned fish products

(Canned Shrimp)
Sunset yellow 30 mg/kg (singly or in 30 mg/kg (singly or in combination)
combination)

Beta carotene - -

Annatto extracts (as bixin/norbixin) - -

Curcumin or turmeric - -
Edible Oil

Beta-apo-8'-carotenal - -

Methyl and ethyl ester of Beta- - -


apo-8'-carotenic acid

26
Food Additive Regulations: Comparative Study (Contd)

Ingredient - Color Before FSSAI Draft FSSAI Food Class

Beta carotene 25 mg/kg (maximum) 25 mg/kg (maximum)

Annatto Extracts (as bixin/norbixin) 20 mg/kg (maximum) 20 mg/kg (maximum)

Curcumin or turmeric 5 mg/kg (maximum) 5 mg/kg (maximum)


Margarine & Fat spreads

Beta-apo-8'-carotenal 25 mg/kg (maximum) 25 mg/kg (maximum)

Methyl and ethyl ester of Beta-apo-8'- 25 mg/kg (maximum) 25 mg/kg (maximum)


carotenic acid

Ponceau 4R/ carmoisine/ erythrosine/ 100 ppm (maximum) 100 ppm (maximum)
Custard powder, jelly crystal, ice
tartrazine/ sunset yellow FCF/ indigo
candy, thread candies, wafers
carmine/ brilliant blue FCF/ fast green FCF

100 ppm (maximum) 100 ppm (maximum) Flavor Emulsion, Flavor Paste
(for carbonated and non-
Titanium dioxide, ponceau 4R/ carmoisine/
carbonated water only)
erythrosine/ tartrazine/ sunset yellow FCF/
indigo carmine/ brilliant blue FCF/ fast green
100 ppm (maximum) 100 ppm (maximum) Powdered soft drink concentrate
FCF
mix/fruit beverage drink

27
Food Additive Regulations: Comparative Study (Contd)

PERMISSIBLE FOOD ADDITIVES: SWEETENERS

The sweeteners considered here are the nutritive sweeteners such as sorbitol, mannitol, maltitol, and xylitol; and the non-
nutritive sweeteners such as saccharin, aspartame, acesulfame-K, and sucralose

Note:
i. As per the FSSA, the addition of artificial sweeteners to any article of food except those specified is prohibited. Further, for food articles
specified the quantity of artificial sweeteners should not exceed the limits.

28
Food Additive Regulations: Comparative Study (Contd)

Ingredient -Sweeteners Draft FSSAI Food Class

100 ppm Carbonated Water

100 ppm Soft Drink Concentrate

4000 ppm Supari

8000 ppm Pan Masala

8.0 % Pan Flavoring Material


Saccharin sodium
450 ppm Synthetic Syrup for dispenser

500 ppm Sweets (Carbohydrates based and Milk products based)

500 ppm Chocolate

3000 ppm Sugar based / Sugar free confectionary

3000 ppm Chewing gum /Bubble gum

700 ppm Carbonated Water

Aspartame 700 ppm Soft Drink Concentrate

2200 ppm Biscuits, Bread, Cakes & Pastries

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Food Additive Regulations: Comparative Study (Contd)

Ingredient - Sweeteners Draft FSSAI Food Class

1000 ppm Jam, Jellies, Marmalades

1000 ppm Custard powder mix

3000 ppm Synthetic Syrup for dispenser

Aspartame 200 ppm Sweets (Carbohydrates based and Milk products based)

2000 ppm Chocolate

10000 ppm Sugar based / Sugar free confectionary

3000 ppm Chewing gum /Bubble gum

300 ppm Carbonated Water

300 ppm Soft Drink Concentrate

1000 ppm Biscuits, Bread, Cakes & Pastries


Acesulfame Potassium
600 ppm Ready to serve Tea & coffee based drinks

800 ppm Ice lollies / Ice Candies

1500 ppm Synthetic Syrup for dispenser

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Food Additive Regulations: Comparative Study (Contd)

Ingredient -Sweeteners Draft FSSAI Food Class

Sweets (Carbohydrates based and Milk products based)


500 ppm
& Chocolates & Cereal based beverages

3500 ppm Sugar based / Sugar free confectionary

300 ppm Fruit Nectars & Concentrate for food nectars


Acesulfame Potassium

700 ppm Cookies

800 ppm Doughnuts / scones / muffins

5000 ppm Chewing gum /Bubble gum

300 ppm Carbonated Water

300 ppm Soft Drink Concentrate

750 ppm Biscuits, Bread, Cakes & Pastries


Sucralose
300 ppm Yoghurts & Sweetened butter milk

400 ppm Ice Cream

450 ppm Jams, Jellies & marmalades

31
Food Additive Regulations: Comparative Study (Contd)

Ingredient - Sweeteners Draft FSSAI Food Class

750 ppm Sweets (Carbohydrates based and Milk products based)

1500 ppm Sugar based / Sugar free confectionary

150 ppm Frozen Fruit

800 ppm Chutney

1250 ppm Chewing gum /Bubble gum


Sucralose
1250 ppm Concentrates for vegetable juices & nectars

250 ppm Vegetable juice & nectar

1500 ppm Lozenges

600 ppm Ready to serve tea & coffee based drinks

700 ppm Cake mixes

32
Food Additive Regulations: Comparative Study (Contd)

Ingredient Sweeteners Before FSSAI Draft FSSAI Food Class

Aspertame 200 ppm (maximum) 200 ppm (maximum)

Acesulfame potassium 500 ppm (maximum) 500 ppm (maximum)

Saccharin sodium 500 ppm (maximum) 500 ppm (maximum)

Sucralose 750 ppm (maximum) 750 ppm (maximum)

Sorbitol GMP GMP


Snacks and sweets
Manitol GMP GMP

Xylitol GMP GMP

Isomalt - -

Lactitol - -

Maltitol - -

Aspertame - -
Instant mixes, RTD beverages,
Acesulfame potassium - -
processed cereal goods
Saccharin sodium - -

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Food Additive Regulations: Comparative Study (Contd)

Ingredient - Sweeteners Before FSSAI Draft FSSAI Food Class

Sucralose - -

Sorbitol GMP GMP

Manitol GMP GMP


Instant mixes, RTD
Xylitol GMP GMP beverages, processed
cereal goods
Isomalt GMP GMP

Lactitol GMP GMP

Maltitol GMP GMP

Aspertame 1000 - 3000 ppm (maximum) 1000 - 3000 ppm (maximum)

Acesulfame potassium 1500 - 5000 ppm (maximum) 1500 - 5000 ppm (maximum)

Saccharin sodium 3000 ppm (maximum) - chocolates and 3000 ppm (maximum) - chocolates and
confectionery 450 ppm (maximum) - confectionery 450 ppm (maximum) -
syrups and lozenges syrups and lozenges Confectionery products

Sucralose 1500 ppm (maximum) 1500 ppm (maximum)

Sorbitol GMP GMP

Manitol GMP GMP

34
Food Additive Regulations: Comparative Study (Contd)

Ingredient - Sweeteners Before FSSAI Draft FSSAI Food Class

Xylitol GMP GMP

Isomalt GMP GMP


Confectionery products
Lactitol GMP GMP

Maltitol GMP GMP

Aspertame 2200 ppm (maximum) 2200 ppm (maximum)

Acesulfame potassium 1000 ppm (maximum) 1000 ppm (maximum) Baked products

Sucralose 750 ppm (maximum) 750 ppm (maximum)

35
Food Additive Regulations: Comparative Study (Contd)

PERMISSIBLE FOOD ADDITIVES: PRESERVATIVES

Preservative means a substance which when added to food, is capable of inhibiting, retarding or arresting the process
of fermentation, acidification or other decomposition of food.

Classification of Preservatives.

Preservatives shall be divided into following classes :

Class I preservative shall be:

i. Common salt

ii. Sugar

iii. Dextrose

iv. Glucose Syrup

v. Spices

vi. Vinegar or acetic acid

vii. Honey

viii. Edible vegetable oils

36
Food Additive Regulations: Comparative Study (Contd)

Class II preservatives shall be


i. Benzoic acid and its salts
ii. Sulphurous acid and its salts
iii. Nitrates or Nitrites of Sodium or Potassium in respect of food like ham, pickled meat
iv. Sorbic acid including its sodium, potassium and calcium salts, propionates of calcium or sodium, lactic acid, and acid
calcium phosphate.
v. Nisin
vi. Sodium and calcium propionate
vii. Methyl or propyl Parahydroxy-Benzoate
viii. Propionic acid, including esters and its salts
ix. Sodium diacetate
x. Sodium, potassium and calcium salts of lactic acid

Note:
i. Use of more than one Class II preservative is prohibited in any food article. Exception being those food articles which specifically mention
more than one preservative.
ii. No nitrate or nitrite shall be added to any infant food.
iii. Natamycin may be used for surface treatment of cheese (hard) subject to:
a) Maximum level of application of Natamycin shall not exceed 2mg/dm3
b) The penetration depth of Natamycin in cheese (hard) shall not exceed 2mm.
c) The maximum residue level of Natamycin in the finished cheese (hard) shall not exceed 1mg/dm3

37
Food Additive Regulations: Comparative Study (Contd)

Ingredient - Preservatives Before FSSAI Draft FSSAI Food Class

Sorbic acid 1000 ppm (maximum) 1000 ppm (maximum) Snacks and sweets

Benzoic acid 300 ppm (maximum) 300 ppm (maximum) (Sweets)

0.5% (maximum) / 0.5% (maximum) or


Sorbic acid
300 ppm (maximum) 300 ppm (maximum) Instant mixes, RTD beverages,
processed cereal goods
Benzoic acid - -

Sorbic acid - -
Confectionery products
Benzoic acid - -

Calcium or sodium propionate 5000 ppm (maximum) 5000 ppm (maximum)

Sorbic acid or its sodium /


1000 ppm (maximum) 1000 ppm (maximum) Baked products
potassium or calcium salts
(Breads)
Acid calcium phosphate 10000 ppm (maximum) 10000 ppm (maximum)

Sodium diacetate 4000 ppm (maximum) 4000 ppm (maximum)

Sorbic acid - -
Edible oils
Sodium/potassium/calcium sorbate
- -
expressed as sorbic acid

38
Food Additive Regulations: Comparative Study (Contd)

Ingredient - Preservatives Before FSSAI Draft FSSAI Food Class

Benzoic acid - -
Edible oils
Sodium/potassium/benzoate
- -
expressed as benzoic acid

Sorbic acid 1000 mg /kg (maximum) 1000 mg /kg (maximum)

Sodium/potassium/calcium sorbate
1000 mg /kg (maximum) 1000 mg /kg (maximum)
expressed as sorbic acid
Margarine and fat spreads
Benzoic acid 1000 mg /kg (maximum) 1000 mg /kg (maximum)

Sodium/potassium/benzoate
1000 mg /kg (maximum) 1000 mg /kg (maximum)
expressed as benzoic acid

Potassium bisulphite expressed as 100 mg/kg (maximum) raw edible/ 30 100 mg/kg (maximum) raw edible/ 30
sulphur dioxide mg/kg (maximum cooked product) mg/kg (maximum cooked product) Frozen fish products

Sodium metasulphite expressed (Frozen Shrimp & Lobster)


Singly or in combination Singly or in combination
as sulphur dioxide

Potassium bisulphite expressed as


- -
sulphur dioxide
Canned fish products
Sodium metasulphite expressed
- -
as sulphur dioxide

39
Food Additive Regulations: Comparative Study (Contd)

Ingredient - Preservatives Before FSSAI Draft FSSAI Food Class

Sausages and sausage meat


Sulphur dioxide 450ppm (maximum) 450ppm (maximum) containing raw meat, cereals and
maximum condiments

Sulphur dioxide 100 ppm (maximum) 100 ppm (maximum) Corn flour and similar starches

Flavor emulsion, Flavor paste (for


Benzoic acid including salt thereof Not Defined GMP carbonated and non-carbonated
water only)

Sulphur dioxide 450ppm (maximum) 450ppm (maximum) Corn syrup

Sulphur dioxide 1000 ppm (maximum) 1000 ppm (maximum) Gelatin

Canned rasgolla (the cans shall be


Nisin 5 ppm (maximum) 5 ppm (maximum) internally lacquered with sulphur
dioxide resistant lacquer)

Sulphur dioxide 70 ppm (maximum) 70 ppm (maximum) Beer

Sulphur dioxide 200 ppm (maximum) 200 ppm (maximum) Cider

Sulphur dioxide 450 ppm (maximum) 450 ppm (maximum) Alcoholic wines

Sulphur dioxide 350 ppm (maximum) 350 ppm (maximum) Non-alcoholic wines

40
Food Additive Regulations: Comparative Study (Contd)

Ingredient - Preservatives Before FSSAI Draft FSSAI Food Class

Benzoic acid 450 ppm (maximum) 450 ppm (maximum) Coffee extract

Benzoic acid 50 ppm (maximum) 50 ppm (maximum) Danish tinned caviar

Sulphur dioxide 70 ppm (maximum) 70 ppm (maximum)


Ready-to-serve beverages
Benzoic acid 120 ppm (maximum) 120 ppm (maximum)

Benzoic acid 120 ppm (maximum) 120 ppm (maximum) Brewed ginger beer

Sulphur dioxide 2000 ppm (maximum) 2000 ppm (maximum) Dried ginger

Sorbic Acid including sodium,


1500 ppm (maximum) 1500 ppm (maximum) Flour confectionery
potassium and calcium salt

Sorbic acid including sodium,


1000 ppm (maximum) 1000 ppm (maximum)
potassium and calcium salt
Fat spread
Benzoic acid including sodium and
1000 ppm (maximum) 1000 ppm (maximum)
potassium salt

Sorbic acid 1500 ppm (maximum) 1500 ppm (maximum) Preserved chapattis

Sulphur dioxide 100 ppm (maximum) 100 ppm (maximum) Dry mixes of Rasgolla

41
Food Additive Regulations: Comparative Study (Contd)

Ingredient - Preservatives Before FSSAI Draft FSSAI Food Class

only wrapper may be impregnated only wrapper may be impregnated


Sorbic acid Smoked fish (in wrapper)
with Sorbic acid with Sorbic acid

Nisin 5000 IU (maximum) 5000 IU (maximum) Pre-packed Coconut water

Nisin 5 ppm (maximum) 5 ppm (maximum) Canned rasgolla

Potassium sorbate 1000 ppm (maximum) 1000 ppm (maximum) Prunes

Ammonium carbonate 5000 ppm (maximum) 5000 ppm (maximum)

Baked food confections and baked


Baking powder GMP GMP
goods

Ammonium Bi-carbonate GMP GMP

Sodium diacetate 2500 ppm (maximum) 2500 ppm (maximum)


Flour for baked food
Methyl-propyl hydroxy benzoate 500 ppm (maximum) 500 ppm (maximum)

Nisin 12.5 ppm (maximum) 12.5 ppm (maximum) Paneer

Sorbic acid including sodium,


1500 ppm (maximum) 1500 ppm (maximum) Cakes and pastries
potassium and calcium salt

42
Food Additive Regulations: Comparative Study (Contd)

Ingredient - Preservatives Before FSSAI Draft FSSAI Food Class

Fruit, fruit pulp or juice (not dried) for conversion into jam, crystallized glace, cured fruit, or other products

Cherries, strawberries and


Sulphur dioxide 2000 ppm (maximum) 2000 ppm (maximum) raspberries, dehydrated
vegetables

Sulphur dioxide 1000 ppm (maximum) 1000 ppm (maximum) Other fruits

43
Food Additive Regulations: Comparative Study (Contd)

PERMISSIBLE FOOD ADDITIVES: ANTIOXIDANTS

Anti-oxidant means a substance which when added to food retards or prevents oxidative deterioration of food and does
not include sugar, cereal, oils, flours, herbs and spices.
Note:
i. No antioxidant other than lecithin, ascorbic acid and tocopherol should be added to any food unless specified

ii. Ready to drink infant milk substitute may contain lecithin and ascrobyl palmitate up to maximum limit of 0.5 gm/100ml and 1mg/ 100ml
respectively

iii. Vitamin D preparation may contain any of the permitted anti-oxidants not exceeding 0.08 per cent

iv. Butylated hydroxyanisole (BHA) related specifications

a) Dry mixes of Rasgolla and vadas may contain BHA not exceeding 0.02 per cent on the basis of fat content

b) Ghee and Butter may contain BHA in a concentration not exceeding 0.02 per cent

c) Fat spread may contain BHA or TBHQ in a concentration not exceeding 0.02 per cent

d) Wherever BHA is used in conjunction with the following anti-oxidants - Ethyl Gallate, Propyl gallate, Octyl gallate& Dodecyl
gallate; the quantity of the mixture shall not exceed the limit of 0.02 per cent

e) Ready-to-eat dry breakfast cereals may contain BHA not exceeding 0.005 per cent (50ppm)

f) Chewing gum/ bubble gum may contain BHA not exceeding 250 ppm

44
Food Additive Regulations: Comparative Study (Contd)

Ingredient - Antioxidants Draft FSSAI Food Class

Ethyl gallate
Or a mixture of these
Propyl gallate
0.01 % (on the basis of fat content)
Octyl gallate

Dodecyl gallate

Ascorbyl palmitate 0.02% (on the basis of fat content)

BHA 0.02 % (on the basis of fat content)


Edible oils and fats except ghee and butter
Citric Acid 0.01 % (on the basis of fat content)

Tartaric Acid 0.01 % (on the basis of fat content)

Gallic Acid 0.01 % (on the basis of fat content)

Resin Guaiace 0.05 % (on the basis of fat content)

TBHQ 0.02 % (on the basis of fat content)

Flavor emulsion, flavor paste


TBHQ Not Defined max 0.01%
( for carbonated and non carbonated water only)

45
Food Additive Regulations: Comparative Study (Contd)

Ingredient - Antioxidants Before FSSAI Draft FSSAI Food Class

Tocophenol GMP GMP

Lechtin GMP GMP


Snacks and sweets
BHA 200 ppm (maximum) 200 ppm (maximum)

TBHQ 200 ppm (maximum) 200 ppm (maximum)

Tocophenol - -

Lechtin - -
Instant mixes, RTD beverages,
processed cereal goods
BHA - -

TBHQ - -

Tocophenol - -

Lechtin - - Confectionery products

BHA 250 ppm (maximum) 250 ppm (maximum) (Chewing Gum)

TBHQ - -

Ascorbic acid GMP GMP Baked products

46
Food Additive Regulations: Comparative Study (Contd)

Ingredient - Antioxidants Before FSSAI Draft FSSAI Food Class

Lecithin GMP GMP

Ascorbic acid GMP GMP

Propyl gallate, ethyl gallate, octyl gallate, dodecyl


100 mg/kg (maximum) 100 mg/kg (maximum)
gallate or a mixture thereof

BHA 200 mg/kg (maximum) 200 mg/kg (maximum)

Any combination of propyl gallate and BHA within


200 mg/kg (maximum) 200 mg/kg (maximum)
limits of each Edible oils

Natural and synthetic tocopherol GMP GMP

Ascorbyl palminate/stearate singly or in combination 500 mg/kg (maximum) 500 mg/kg (maximum)

Citric acid, tartaric acid, gallic acid GMP GMP

Resin gualace 100 mg/kg (maximum) 100 mg/kg (maximum)

TBHQ 200 mg/kg (maximum) 200 mg/kg (maximum)

Ascorbic acid GMP GMP

Frozen fish products


Sodium and potassium ascorbate singly or in
1 g/kg (maximum) 1 g/kg (maximum)
combination expressed as ascorbic acid

47
Food Additive Regulations: Comparative Study (Contd)

Ingredient - Antioxidants Before FSSAI Draft FSSAI Food Class

Lecithin GMP GMP

Ascorbic acid GMP GMP

Propyl gallate, ethyl gallate, octyl gallate, dodecyl


200 mg/kg (maximum) 200 mg/kg (maximum)
gallate or a mixture thereof

BHA 200 mg/kg (maximum) 200 mg/kg (maximum)

Any combination of propyl gallate, BHA within limits


200 mg/kg (maximum) 200 mg/kg (maximum) Margarine and fat
of each
spreads
Natural & synthetic Tocopherol GMP GMP

Ascorbyl Palminate/stearate singly or in combination 500 mg/kg (maximum) 500 mg/kg (maximum)

Citric Acid, Tartaric Acid, Gallic Acid GMP GMP

Resin Gualace 500 ppm (maximum) 500 ppm (maximum)

TBHQ 200 ppm (maximum) 200 ppm (maximum)

Ascorbic acid - -
Canned fish
Sodium and potassium ascorbate singly or in products
- -
combination expressed as ascorbic acid

48
Food Additive Regulations: Comparative Study (Contd)

PERMISSIBLE FOOD ADDITIVES: EMULSIFIERS/STABILIZERS

Emulsifying agents and stabilizing agents means substances which when added to food, are capable of facilitating a
uniform dispersion of oils and fats in aqueous media or vice versa, and/or stabilizing such emulsions.

Some of chemicals considered as Emulsifiers & Stabilizers under FSSA include:

Agar, alginic acid, calcium and sodium alginates, carrageen, edible gums (such as guar, karaya, arabic, carobean, furcellaran,
tragacanth, gum ghatti), dextrin, sorbitol, pectin, sodium and calcium pectate, sodium citrate, sodium phosphates, sodium
tartrate, calcium lactate, lecithin, albumen, gelatin, quillaia, modified starches, hydrolysed proteins, monoglycerides or
diglycerides of fatty acids, synthetic lecithin, propyleneglycol stearate, propylenegelycol alginate, methyl ethyl cellulose, methyl
cellulose, sodium carboxy-methyl cellulose, stearyl tartaric acid, esters of monoglycerides and diglycerides of fatty acids
monostearin sodium sulphoacetate, sorbitan esters of fatty acids or in combination poly-oxy-ethylene sorbitan, monostearate]
sodium stearoy 1-2-lactylate and calcium stearoy 1-2 lactylate Polyglycerol Esters of fatty acids and polyglycerol Ester of
interesterified Ricinoleic acid and Brominated vegetable oils Glycerol esters of wood resins (Ester Gum)

49
Food Additive Regulations: Comparative Study (Contd)

Note:
i. Usage of any emulsifying or stabilizing agent in any food article is not permitted unless specified
ii. Emulsifying or stabilizing agents such as Monoglycerides or diglycerides of fatty acids, synthetic lecithin, propyl-eneglycol stearate,
propyleneglycol alginate, methyl ethyl cellulose, methylcellulose, sodium carboxymethyl cellulose, stearyl tartaric acid, esters of
monoglycerides and diglycerides of fatty acids, monostearin sodium sulphoacetate, sorbitan esters of fatty acids or in combination are not
permitted in milk and creams
iii. Polyglycerol esters of fatty acids and polyglycerol ester of interesterified Ricinoleic acid may be used in bakery products and in chocolate to the
extent of 0.2 per cent by weight
iv. Diacetyl Tartaric acid esters of Mono and diglycerides may be used in Bread and Cakes
v. Starch phosphate may be used in syrup, ice-cream powder, salad dressing and pudding to a maximum extent of 0.5 per cent
vi. Modified food starches may be used in baked foods, confectionery, snacks, flavors, dairy products (where its use is allowed) glazes, icings,
gravies, sauces, soups, coatings up to a maximum concentration of 0.5 per cent by weight
vii. The emulsifying and stabilizing agents may be added to flavoring agents
viii. The following emulsifying and stabilizing agents may be added to Fruit Products:
a) Pectin
b) Sodium alginate
c) Calcium alginate
d) Alginic acid
e) Propylene glycol alginate
ix. The emulsifying and stabilizing agents may be added to frozen desserts
x. Hydroxypropyl Methyl Cellulose may be used in non-dairy whip toppings up to a maximum level 2.0 per cent
xi. Xanthan gum may be used in the following products, namely :-
a) Non dairy whip toppings - maximum 0.5% by weight
b) Bakery mixes - maximum 0.5% by weight

50
Food Additive Regulations: Comparative Study (Contd)

Ingredient Emulsifiers/Stabilizers Before FSSAI Draft FSSAI Food Class

Methyl cellulose 0.5% (maximum) 0.5% (maximum)

Carboxymethyl cellulose 0.5% (maximum) 0.5% (maximum) Snacks and sweets

Gellan gum - -

Methyl cellulose - -
Instant mixes, RTD beverages, processed
Carboxymethyl cellulose - -
cereal goods
Gellan gum - -

Methyl cellulose - -

Carboxymethyl cellulose - -
Confectionery products

2 % (maximum) in sugar
Gellan gum -
boiled confectionary only

Sucroglycerides (only in cakes),


Hydroxyprpyl methyl cellulose, sucrose ester GMP GMP Cakes and pastries
of fatty acid

Edible gums ( arabic and


gum ghatti), glycerols Flavor emulsion, flavor paste (for carbonated
Not Defined GMP
esters of wood rosins (ester and non-carbonated water only)
gum)

Carageenan GMP GMP Desert Jelly

51
Food Additive Regulations: Comparative Study (Contd)

Ingredient Emulsifiers/Stabilizers Before FSSAI Draft FSSAI Food Class

Sucroglycerides 100 ppm (maximum) 100 ppm (maximum)

Hydroxypropyl methyl cellulose GMP GMP

Sucrose esters of fatty acid GMP GMP

Di-acetyl tartaric acid esters of mono and di-


GMP GMP
glycerides

Guar gum 500 ppm (maximum) 500 ppm (maximum)

Sorbitol GMP GMP Baked products

Lecithin GMP GMP (Breads)

Glycerine GMP GMP

Glycerol monosterate GMP GMP

Sodium steroyl 2 lactylate of calcium stearoyl 5000 ppm


5000 ppm (maximum)
2 lactylate (singly or in combination) (maximum)

Polyglycerol esters of fatty acids and


2000 ppm
polyglycerol esters of interesterified ricinoleid 2000 ppm (maximum)
(maximum)
acid

52
Food Additive Regulations: Comparative Study (Contd)

Ingredient Emulsifiers/Stabilizers Before FSSAI Draft FSSAI Food Class

Mono and di-glycerides of fatty acids - -

Mono and di-glycerides of fatty acids esterified with acetic,


acetyl tartaric, critic, lactic, tartaric acids and their sodium & - -
calcium salts

Polyglycerol esters of fatty acids - - Edible oils

1,2-Propylene glycol esters of fatty acids - -

Sorbitan monopalminate/ sorbitan monostearate/ tristearate - -

Sucrose esters of fatty acids - -

Mono and di-glycerides of fatty acids GMP GMP

Mono and di-glycerides of fatty acids esterified with acetic,


acetyl tartaric, critic, lactic, tartaric acids and their sodium & 10 g/kg (maximum) 10 g/kg (maximum)
calcium salts

Polyglycerol esters of fatty acids 5 g/kg (maximum) 5 g/kg (maximum) Margarine and fat
spreads
1,2-Propylene glycol esters of fatty acids 20 g/kg (maximum) 20 g/kg (maximum)

Sorbitan monopalminate/ sorbitan monostearate/ tristearate 10 g/kg (maximum) 10 g/kg (maximum)

Sucrose esters of fatty acids 10 g/kg (maximum) 10 g/kg (maximum)

53
Food Additive Regulations: Comparative Study (Contd)

Ingredient Emulsifiers/Stabilizers Before FSSAI Draft FSSAI Food Class

Carageenan GMP GMP

Pectin GMP GMP

Monoglycerides of fatty acids GMP GMP

Dairy based drinks, flavored


Lecithin GMP GMP
and/or fermented (e.g.
chocolate, milk, cocoa,
Calcium alginate GMP GMP
eggnog) UHT sterilized milk
shelf life more than three
Xantham gum GMP GMP
months

Guar gum GMP GMP

Microcrystalline cellulose GMP GMP

Sodium alginate GMP GMP

54
Food Additive Regulations: Comparative Study (Contd)

PERMISSIBLE FOOD ADDITIVES: ANTICAKING AGENT

Anticaking agents allow the food ingredients to flow and mix evenly during the production process. They generally do not
possess any nutritional value. Further, only a small fraction of these are active in the finished good.
Some common anti-caking agents are: magnesium carbonate, which is used in table salt during manufacture to improve
its flow. It is left in the salt for free flow when being sprinkled onto food.
Note:
i. As per FSSA, no anti-caking agents shall be used in any food except where the use of anti-caking agents is specifically permitted.

ii. For table salt, onion powder, garlic powder, fruit powder and soup powder the quantities should not exceed 2.0 per cent either singly or
in combination as given below:

a) carbonates of calcium and magnesium.

b) phosphates of calcium and magnesium

c) silicates of calcium, magnesium, aluminum or sodium or silicon dioxide;

d) myristates, palmitates or stearates of aluminum ammonium, calcium, potassium or sodium.

iii. Calcium potassium or sodium ferrocyanide may be used as crystal modifiers and anti-caking agent in common salt, iodized salt and
iron fortified salt in quantity not exceeding 10 mg/kg singly or in combination expressed as ferrocyanide.

55
Food Additive Regulations: Comparative Study (Contd)

Ingredient Anti-caking agent Before FSSAI Draft FSSAI Food Class

Carbonates of calcium and magnesium - -


Snacks and sweets
Phosphates of calcium and magnesium - -

2 % (maximum) - 2 % (maximum) -
Carbonates of calcium and magnesium maximum singly or maximum singly or in
in combination combination
Instant mixes, RTD beverages, processed
cereal goods
2 % (maximum) - 2 % (maximum) -
Phosphates of calcium and magnesium maximum singly or maximum singly or in
in combination combination

Carbonates of calcium and magnesium - -


Confectionery products
Phosphates of calcium and magnesium - -

Powdered soft drink concentrate mix/fruit


Sodium Aluminum Silicate 0.5% (maximum) 0.5% (maximum)
beverage drink

56
Food Additive Regulations: Comparative Study (Contd)

PERMISSIBLE FOOD ADDITIVES: ANTI-FOAMING AGENTS

Anti-foaming agent means substance which retards deteriorative changes and foaming height during heating.
Note:
i. Dimethyl and Polysiloxane, food grade, may be used as an antifoaming agent in edible oils and fats for deep fat frying up to a maximum limit of
10 parts per million.

ii. Mono and diglycerides of fatty acids of edible oil may be used as antifoaming agent in jam, jellies and marmalade

Ingredient Antifoaming agents Before FSSAI Draft FSSAI Food Class

Dimethyl polysiloxane singly or in 100 ppm 100 ppm


Edible oils
combination with silicon dioxide (maximum) (maximum)

Dimethyl polysiloxane singly or in


- - Margarine and fat spreads
combination with silicon dioxide

57
Food Additive Regulations: Comparative Study (Contd)

PERMISSIBLE FOOD ADDITIVES: FLAVOR AND FLAVOR-ENHANCING AGENTS

Flavoring agents include flavor substances, flavor extracts or flavor preparations, which are capable of imparting flavoring
properties, namely taste or odor or both to food. Flavoring agents may be of following three types :-

1. Natural Flavors and Natural Flavoring substances means flavor preparations and single substance respectively,
acceptable for human consumption, obtained exclusively by physical processes from vegetables, sometimes animal
raw materials, either in their natural state or processed for human consumption.

2. Nature-Identical Flavoring Substances means substances chemically isolated from aromatic raw materials or
obtained synthetically; they are chemically identical to substances present in natural products intended for human
consumption, either processed or not.

3. Artificial Flavoring Substances means those substances which have not been identified in natural products intended
for human consumption either processed or not;

58
Food Additive Regulations: Comparative Study (Contd)

Note:

i. The flavoring agents may contain permitted anti-oxidants, emulsifying and stabilizing agents and food preservatives

ii. Diethylene Glycol and Monoethylether shall not be used as solvent in flavors.

iii. The use of the following flavoring agents are prohibited in any article of food, namely:

a) Coumarin and dihydrocoumarin

b) Tonkabean (Dipteryl adorat)

c) -asarone and cinamyl anthracilate

d) Estragole

e) Ethyl Methyl Ketone

f) Ethyl-3-Phenylglycidate

g) Eugenyl methyl ether

h) Methyl napthyl Ketone

i) P.Propylanisole

j) Saffrole and Isosaffrole

k) Thujone and Isothujone & thujone.

iv. Monosodium Glutamate - It shall not be added to any food for use by infant below twelve months

59
Food Additive Regulations: Comparative Study (Contd)

Ingredient Flavor & Flavor Enhancing


Before FSSAI Draft FSSAI Food Class
Agents

Natural flavors and natural flavoring substances/ nature


- - Snacks and sweets
identical flavoring

Natural flavors and natural flavoring substances/ nature Instant mixes, RTD beverages,
- -
identical flavoring processed cereal goods

Natural flavors and natural flavoring substances/ nature


- - Confectionery products
identical flavoring

Natural flavors and natural flavoring substances/nature


- -
identical flavoring
Edible oils

Diacetyl - -

Natural flavors and natural flavoring substances/ nature


GMP GMP
identical flavoring
Margarine and fat spreads

Diacetyl 4 mg/kg (maximum) 4 mg/kg (maximum)

Natural flavors and natural flavoring substances/ nature


GMP GMP
identical flavoring

Baked products (Biscuits)


Potassium iodate GMP GMP

Calcium and ferrous salts GMP GMP

60
Food Additive Regulations: Comparative Study (Contd)

Ingredient Flavor and Flavor


Before FSSAI Draft FSSAI Food Class
Enhancing Agents

Di-sodium 5 guanatate (di-sodium 5-


GMP GMP Soups, bullions and taste makers
Inosinate)

Natural flavors and natural flavoring


- -
substances/ nature identical flavoring
Frozen fish products

Monosodium glutamate - -

Natural flavors and natural flavoring


GMP GMP Canned fish products
substances/ nature identical flavoring
(Canned Crab Meat)
Monosodium glutamate 500 mg/kg (maximum) 500 mg/kg (maximum)

61
Food Additive Regulations: Comparative Study (Contd)

PERMISSIBLE FOOD ADDITIVES: ACID REGULATORS

Sequestering agents means substances which prevent adverse effect of metals catalyzing the oxidative break-down of
foods forming chelates; thus inhibiting decolourisation, off taste and

rancidity;

Buffering agents means materials used to counter acidic and alkaline changes during storage or processing steps, thus
improving the flavor and increasing the stability of foods;

Note:

i. DL Lactic acid and L(+) Tartaric acid shall not be added to any food meant for children below 12 months

62
Food Additive Regulations: Comparative Study (Contd)

Ingredient Acid Regulators Draft FSSAI Food Class

GMP Acidulant, buffering and neutralizing agents in beverages soft drinks


Acetic acid
5000 ppm in canned baby foods, salt substituted and dietary food

Adipic acid 250 ppm salt substituted and dietary food

Calcium Gluconate 2500 ppm In confections

Calcium Carbonate 10000 ppm As a neutralizer in number of foods

Calcium oxide 2500 ppm As a neutralizer in specified dairy product

Citric acid & malic acid GMP Carbonated beverage and as an acidulant in miscellaneous foods

DL Lactic Acid (food grade) GMP As acidulant in miscellaneous foods

L(+) Lactic Acid (food grade) GMP As acidulant in miscellaneous foods

Phosphoric acid 600 ppm salt substituted and dietary food

Fumaric acid 3000 ppm As acidulant in miscellaneous foods

L (+) Tartaric acid 600 ppm Acidulant

63
Food Additive Regulations: Comparative Study (Contd)

Ingredient Acid Regulators Draft FSSAI Food Class

40000 ppm Processed cheese, Bread

Polyphosphate containing less than 6


4000 ppm Protein foods, Milk Preparations
Phosphate Moieties

10000 ppm Cake Mixes

Calcium Disodium, Ethylene, Diamine Emulsions containing refined vegetable oils, eggs, vinegar, salt,
50 ppm
tetra acetate sugar and spices, salad dressing, sandwich spread or fat spread

Ingredient Acid Regulators Before FSSAI Draft FSSAI Food Class

Sodium fumarate GMP GMP

Potassium malate GMP GMP

Sodium hydroxide GMP GMP

Acetic acid or lactic acid 250 ppm (maximum) 250 ppm (maximum) Baked products

Citric acid GMP GMP

Malic acid GMP GMP

Tartaric acid GMP GMP

64
Food Additive Regulations: Comparative Study (Contd)

Ingredient Acid Regulators Before FSSAI Draft FSSAI Food Class

Sodium fumarate GMP GMP

Sodium hydroxide GMP GMP Cakes and pastries

Potassium malate GMP GMP

Citiric acid - -

Lactic acid - -
Edible oils
Sodium and potassium salt of citric and lactic acid - -

Calcium di-sodium ethylene di-amine tetra acetate - -

Citiric acid GMP GMP

Lactic acid GMP GMP


Margarine and fat spreads
Sodium and potassium salt of citric and lactic acid GMP GMP

Calcium di-sodium ethylene di-amine tetra acetate 50 mg/kg 50 mg/kg

65
Food Additive Regulations: Comparative Study (Contd)

Ingredient Acid Regulators Before FSSAI Draft FSSAI Food Class

Acetic acid - -

1 g/kg (maximum in 1 g/kg (maximum in Frozen fish products


Citric acid
minced fish flesh only) minced fish flesh only) (frozen fish fillet)

Lactic acid - -

Acetic acid GMP GMP

Citric acid GMP GMP Canned fish products

Lactic acid GMP GMP

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Food Additive Regulations: Comparative Study (Contd)

PERMISSIBLE FOOD ADDITIVES: IMPROVERS


Improvers or leavening agents are additives, which when used in dough cause a foaming action that lightens and softens the finished product. They are
generally enzymes or chemicals, which aid fermentation or help in increasing the structural integrity of the dough

Ingredient Improvers Before FSSAI Draft FSSAI Food Class

100 ppm (maximum) - on flour 100 ppm (maximum) - on flour mass


Fungal alpha amylase
mass basis basis

Bacterial amylase GMP GMP

Amylases and other enzymes GMP GMP

2500 ppm (maximum) - on flour 2500 ppm (maximum) - on flour


Ammonium persulphate
mass basis mass basis Baked products
(Breads)
2500 ppm (maximum) - on flour 2500 ppm (maximum) - on flour
Calcium phosphate
mass basis mass basis

5000 ppm (maximum) - on flour 5000 ppm (maximum) - on flour


Calcium carbonate
mass basis mass basis

50 ppm (maximum) - on flour 50 ppm (maximum) - on flour mass


Potassium bromate and/or potassium iodate
mass basis basis

Ammonium carbonate 500 ppm (maximum) 500 ppm (maximum)

Bacterial amylase GMP GMP Cakes and pastries

Ammonium bicarbonate GMP GMP

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Food Additive Regulations: Comparative Study (Contd)

PERMISSIBLE FOOD ADDITIVES: MOISTURE RETENTION AGENTS

Moisture retention agents prevent food from drying out by counteracting the effect of an wetting agent
atmosphere having a low degree of humidity.

Ingredient Moisture Retention Agents Before FSSAI Draft FSSAI Food Class

Potassium polyphosphate expressed as P2O5 10 g/kg (maximum) 10 g/kg (maximum) Frozen fish products

Orthophosphoric acid - - (except Frozen Fin Fish)

Potassium polyphosphate expressed as P2O5 - - Canned fish products

Orthophosphoric acid 850 mg /kg (maximum) 850 mg /kg (maximum) (Canned Shrimps)

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New Trends: Functional Foods

FUNCTIONAL FOODS: DEFINITION AS PER FSSA, 2006

Foods for special dietary uses or functional foods or nutraceuticals or health supplements means:

1. Foods, which are specially processed or formulated to satisfy particular dietary requirements and may contain one or more of the following
ingredients, namely:

a) Plants or botanicals or their parts in the form of powder, concentrate or extract in water, ethyl alcohol or hydro alcoholic extract, single or
in combination

b) Minerals, vitamins, proteins, metals, their compounds, amino acids (in amounts not exceeding the Recommended Daily Allowance for
Indians), or enzymes (within permissible limits)

c) Substances from animal origin

d) A dietary substance for use by human beings to supplement the diet by increasing the total dietary intake

2. A product that is labeled as a Food for special dietary uses, functional foods, nutraceuticals, health supplements, or similar such foods, which is
not represented for use as a conventional food. Such products may be formulated in the form of powders, granules, tablets, capsules, liquids, jelly,
and other dosage forms but not parenterals, and are meant for oral administration

3. However, such product do not include drugs, ayurvedic, sidha and unani products as defined under Drugs and Cosmetics Act, 1940

4. Such products will not claim to cure or mitigate any specific disease, disorder, or condition (except for certain health benefit or such promotion
claims as may be permitted by the regulations made under this Act)

5. Do not include a narcotic drug or a psychotropic substance as defined in the Schedule of the Narcotic Drugs and Psychotropic Substances Act,
1985 and rules made there under

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New Trends: Functional Foods (Contd)

INGREDIENT USAGE IN FUNCTIONAL FOODS

Functional foods have come to be defined recently under the FSSA, 2006. However, the act is yet to mention specific food
classes or ingredients which may classify as functional foods.

An indicative list of ingredients which may qualify as functional food based on the definition provided is listed as follows:

Ingredients Classified as Permitted Usage in Food


Before FSSAI Draft FSSAI
Functional Classes

Dairy products, fermented dairy products,


Probiotics
and ice-creams

Malted beverages and whole grain baked


Prebiotics and dietary fibers
Defined, but specific limits and products
Not defined previously
regulations awaited
Malted beverages and protein
Poly unsaturated fatty acids
supplements

Vitamins and minerals Fortified food products

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New Trends: Functional Foods (Contd)

FUNCTIONAL FOODS: GLOBAL SCENARIO

CODEX Japan EU

Codex Alimentarius is a joint Foods for Specified Health Use European Union set up a
program between UN Food and (FOSHU) was established. Foods European Commission Concerted
Agriculture Organization (FAO) identified as FOSHU must be Action on Functional Food
Science in Europe (FUFOSE).
and World Health Organization approved by the Minister of
The FUFOSE project focused on
(WHO), for setting food Health and Welfare, after the
six areas of science and health,
standards. It gains authority from submission of comprehensive which included functional foods.
its role in world trade as countries science-based evidence, to Based on this, the EU supports
that are developing new support the claim for the foods the development of two types of
legislation often use Codex when they are consumed as part health claims relevant to
standards as the basis. of an ordinary diet. functional foods: Enhanced
Discussions in Codex are in an function and Reduction of
Since the implementation of this
disease risk
early stage and the key areas system in 1993, over 69 foods
Process for the assessment of
that require more work before a have been approved, and can
scientific support for claims on
consensus is reached include carry the FOSHU label foods (PASSCLAIM) project is
reduction of disease risk claims, aiming to resolve some of the
the need for scientific ongoing issues of validation and
substantiation, and labeling scientific substantiation
issues.

71
New Trends: Trans-fats in Partially Hydrogenated Vegetable Oils
PROPOSED REGULATION ABOUT TRANS-FATS IN PARTIALLY HYDROGENATED VEGETABLE OILS

Level of trans-fats (TFA) in Vanaspati/PHVO, be fixed at 10 percent maximum and brought down to 5 percent in 3
years.

Status quo may be maintained that is melting point of 41C be retained or it be raised only to the extent that would
facilitate bringing down the TFA level to the above limits.

To look into the feasibility for laying down the limits of saturated fatty acids (SFAs) in vanaspati and other fats.

Enzymatic esterification for production of vanaspati for regulating trans-fatty acids can be considered.

Review whether to permit the use of palm stearin in vanaspati

There should be mandatory labeling of TFA and SFA content on vanaspati packs, edible oils, or any other product
containing TFA from vanaspati sources.

Review the blending limits for oil (current limit on blending of more than two oils and a minimum requirement of 20
percent for each oil used for blending) to facilitate balance in SFA : MUFA : PUFA components.

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New Trends: Caffeinated and Energy Drinks
OBSERVATIONS MADE BY EXPERT GROUP ON ENERGY DRINKS, FSSAI

Caffeine is not an additive but a chemical with addictive property. Caffeine up to 200 ppm is added as a flavoring
agent but above 200 ppm it is a functional ingredient. The functionality of caffeine at 320 ppm needs to be ascertained
along with justification for fixing a cut-off limit at 320ppm.

Energy drink is a beverage, which is fortified with vitamins and there is no case for encouraging its consumption is
generally not encouraged. The name energy drinks is a misnomer as it gives the impression that this should be taken
to get energy.

The vegetarian and non-vegetarian symbol should also be given on the label of energy drinks as per the source of
ingredients added.

Standards for energy drinks, both carbonated and non-carbonated need to be laid down to enable better regulation of
the product. These may be termed as caffeinated drinks.

There is a need to limit consumption of energy drinks by a person per day taking into account total caffeine
content from all ingredients and items in the diet.

Alternatively, instead of laying down separate standards for carbonated energy drinks, standards for carbonated
beverages per se can be amended to include other ingredients such as taurine, glucuronolactone, and so on, which
are found in energy drinks.

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Conclusion

The food ingredient industry may see FSSA as a mixed blessing. By defining the functional foods category it has given
much needed structure required to develop this emerging segment. This would enable the companies in this segment to
clearly differentiate themselves from poser products. As a result, not only the companies benefit but the consumer is also
able to make a more informed choice. However, the authority is yet to clarify on issues such as definition of additives like

GMP. Until this area is more clear, the companies may find it difficult to adapt the new practices ultimately finding

themselves on the wrong side of the law.

Industry is expectantly waiting for full implementation of FSSA. Features such as single window for licenses and special
courts to settle disputes have been welcomed. The companies expect the lead time to settle litigations and implement their
expansion plans to decrease drastically if the FSSA policies are implemented.

The strict penalties imposed in the act may lead to increase in corruption, as enterprises may resort to unfair practices to
avoid these penalties.

Meeting certain processed food standards may be difficult because primary producers are kept out of the ambit of the Act.
This leads to a situation wherein final product needs to meet all norms whether or not the raw materials conform to
standards. In certain cases, removal of harmful constituent is technically not feasible

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