Basic Requirements for packaging a Food Item and Chai Sachet:

The packaging of a food item is governed by Food Safety and Standards (Packaging) Regulations, 2018.
Earlier, the packaging of food items was governed under the Food Safety and Standards (Packaging and
Labelling) Regulations, 2011, however, vide Notification dated 24th December 2018, these two segments
were bifurcated in two dedicated regulations i.e., packaging, labelling & display.

Under the 2018 regulations, R. 3 accentuates a general requirements pertaining to quality of packaging for
food products to be suitable for type of product being packed so that its structural integrity is not
compromised during transporting conditions. It should be able to withstand chemical, mechanical and
thermal stress posed by the food items, and it should be tamper-proof. The printing inks that are used on
food packages must conform to IS: 15495. Under Rule 3(14), it would be mandatory for Food business
operators to obtain certificate of conformity issued by a laboratory accredited by NABL when there is
likelihood of packaging material coming into contact with food item directly.

More specifically, under Regulation 4, if the packaging material is made up of paper, then the thickness and
material of the paper must be uniform. In Food & Beverage industry, the usage of plastic material in
packaging is of utmost importance and the same cannot be neglected. If packaging is made up of plastic
material (Polyethylene), then the same should conform to IS: 10146, and for Polypropylene (colloquially
known as Grade 5 or PP containers-micro safe) must conform to IS: 10910 standards. It is pertinent to note
that there is a blanket prohibition on usage of recycled plastic material for packaging of food items under
the 2018 regulations. Chai sachets/pouches are made up of Polyethylene, and for its safe packaging and
usages, the packaging must conform to IS:10146 standards.

S. 23 of the Food Safety and Standards Act, 2006 delineates the prohibition on flouting the packaging
requirements and since the said doesn’t explicitly deal with penal provisions for non compliance towards
packaging regulations, S. 58, as a general penal provision could be used to attract punishment for flouting
the packaging regulation of 2018.