Professional Documents
Culture Documents
CONTENT
Chapter Page
1. What is Food Safety 3
5. Regulatory Compliance 39
5.1 General Inspection Procedures 40
5.2 Developing a Food Safety Plan 46
5.3 Monitoring & Evaluation of Food Safety 47
5.4 Product inspection (Packaging & labelling) 50
5.5 Sampling 61
5.6Formats & Checklist 85
6. Administration 90
6.1 Registration and Licensing 91
6.2 Procedure for Registration 93
6.3 Food Licensing Registration System (FLRS) 95
6.4 Licensing 101
6.5 Reports & Annexures 110
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LEARNING OUTCOME
What we will learn from this book?
Establishment Categorization
Risk Assessment
Surveillance Technique
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Chapter 1
If the food safety is not achieved, then it can harm the human
body from inside or outside.
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Chapter 2
Contemporary in view of global environment, an integrated food law was enacted in August 2006 to
consolidate various laws governing food sector and to establish food safety 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.
The Executive Authority under the Act is assigned to the Ministry of Health & Family Welfare,
Government of India (MOHFW). On September 5, 2008, Government of India notified the
establishment of Food Safety & Standard Authority of India (FSSAI or the Authority) under Section 4
of the Act, which is the central authority for enforcement & implementation of the Act.
The Rule & Regulations to implement the Act have been notified by the Authority. The broad coverage
of such Rules & Regulations are stipulated under Section 91 & Section 92 of the Act. The Rules mainly
cover the administrative structure & functioning of FSSAI and various bodies under it. While the
Regulations cover the various regulatory aspects of the food industry like Licensing, labeling, use of
additives, food standards etc. Regulations have come in to force with effect from 5 th August 2011.
In addition, the Authority in exercise of powers conferred by Sub -Section 1 of Section 97 of the Act,
has also repelled the enactment and orders in the Second Schedule of the Act with effect from 5th
August 2011.
The Second Schedule of the Act contains all the earlier food related legislations which are as follows.
Under Section 99 of the Act, Milk & Milk Product’s Order 1992 shall be deemed to be Regulation issued by the
Authority under this Act.
The intent of the Act lies in bringing almost all the food business areas within its scope & to promote the objective
of ‘’Food Safety’’ and not mere the’’ Prevention of Food Adulterations ‘’as was the case with the previous laws.
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Structure of FSSAI
FSSAI CHAIRPERSON
Finance
Vigilance
CEO Food Authority
Scientific
Committee/Panels
Head CITO
Human Standard
Compliance
Quality Resources Development
Assurance/ Imports Information
Laboratories Communication Regulation Technology
FSMS and Public Development
Legal Relation
Research & Scientific
Development International Outreach
Relation
Risk Committee &
Assessment Capacity Panel Support
Building
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Food Authority
Food Authority is a body corporate having a Chairperson with 22 members, of which one third shall be
women. All members of the Food Authority are appointed by the Central Government, except for seven
ex-officio members from various Departments of the Central Government who are selected by the
selection committee formed under Section 6 of FSS Act 2006. These members are from the various
Ministries like
Agriculture
Commerce
Consumer Affairs
Food Processing Industries
Health
Small Scale Industries and
Legislative Affairs
These Ministries are directly or indirectly related to the food industry and consumers in one manner or
the other. Besides above said members the FSSAI Food Authority has the following other members
two representatives from food industry of which one shall be from small scale industries
two representatives from consumer organizations
three eminent food technologists or scientists
two persons to represent farmers’ organizations
one person to represent retailers’ organizations
Five members, one each from five zones specified in the First Schedule of the FSSA and to be
appointed by rotation every three years to represent the States and Union Territories.
The food Authority meets as per the directives of the Chairperson and decide on the questions coming
up before any meeting of the Food Authority, and takes decisions by a majority of votes of the members
present and voting and Chairperson will have a casting vote. Chief Executive Officer of FSSAI is the
member Secretary of the Food Authority.
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As per Section 14 of FSSA, FSSAI constitutes a scientific committee consisting of scientific experts.
Chairpersons of all the Scientific Panels shall also be its members. Besides the chairpersons of all the
Scientific Panels, it consists of six independent scientific experts who are not associated to any of the
Scientific Panels.
Scientific Committee is responsible for providing Scientific Opinion to the Authority and has a power to
hold public hearings where necessary.
Chairperson
The functional Head of the Food Authority is the Chairperson appointed for the period of three years
by the Government of India from amongst the persons of eminence in the field of food science or
amongst the person from the Administration holding or has held the position of not below the rank of
Secretary to the Government of India.
Chief Executive Officer
The Authority has a full time Chief Executive Officer appointed by Government of India who supervises
the day to day administrative work, draws up proposals for work in consultations with CAC, implements
those and ensures appropriate scientific technical and administrative support for the scientific panel
and the scientific committee. CEO is also the legal representative of the Authority and responsible for
the functions listed as in Section 10 of FSS Act. The statutory functional capacity of the CEO is of the
commissioner of food safety while dealing with the matters related to food safety
Role of FSSAI
The main role of Authority is to regulate and monitor, manufacture, processing, distribution, sale and
import of food while ensuring safe and wholesome food to the consumers. The Act lays down the
following main function for discharge by the Authority.
Prescribing the Standards & Guidelines in relation to food and specified appropriate system
for enforcement.
Specifying limits for Additives, Contaminants, Pesticides & Veterinary Drug Residues, Heavy
Metals, Processing Aids, Mycotoxins, Antibiotics and Pharmacological active substances and
Irradiated Foods.
Lay down food labelling standards including claims on health, nutrition, special dietary uses
and food category system for foods.
Lay down methods of sampling, analysis and exchange of information among enforcement
agencies prescribing procedures and guidelines for accreditation of certification bodies and
laboratories.
Taking up, summarizing and analyzing relevant scientific and technical data on incidence
and prevalence of biological or emerging risk, residues of various contaminants,
introduction of rapid alert system among others.
Prescribing the procedure, and the enforcement of quality control in relation to any
imported article of food in to India
Creating an information network across the country to disseminate rapid reliable and
objective information about food safety and issues of concern.
Providing Training Programs for persons who are involved or intent to get involved in food
businesses
Promoting general awareness about food safety and food standards and promoting
coordination of work on food standards undertaken by International Governmental and
Non-Governmental Organization.
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Adjudicating
Designated Officer Officer
Food Analyst
Food Safety Officer
The enforcement of the Act shall be through the state/UT Commissioner of Food Safety (CFS) and
Designated Officer, Food Safety Officer, Food Analyst and Panchayat Raj / Municipal bodies.
As per Section 30 of FSS Act, the State Government appoints the Commissioner of Food Safety not
below the rank of the Commissioner & Secretary to the State Government for efficient
implementation of Food Safety & Standards Act. The powers and duties of the Commissioner of Food
Safety are as follows
Prohibit in public health interest, the manufacture, storage, distribution or sell of any article
or food in the whole of the State within a maximum time of one year.
Carry out survey of the food industrial unit in the State for compliance.
Organize Training Program for generating awareness on food safety.
Sanction prosecution for offences punishable with imprisonment and also perform other
function prescribed by the State Government in consultation with the Food Authority.
Designated Officer
As per Section 36, the Commissioner appoints the Designated Officers (DO) to be in charge of Food
Safety Administration in a specified area. Further, as per Rule 2.1.2 Designated Officer shall be a
whole time officer not below the rank of Sub Divisional Officer or equivalent. Each district or a
specified area must have at least one DO who has the power to issue or cancel the license.
The State Government may authorize any officer of the State Government having the prescribed
qualification to perform the functions of the Food Safety Officers
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Food Analyst
As per Section 45, Commissioner appoints Food Analysts for specified local areas as deemed fit by the
Commissioner, different Analysts may be appointed for different articles of food. However, any
person who has any financial interest in manufacture or sale of any article of food, cannot be
appointed as an Analyst. An Analyst is responsible for carrying out required analysis of the samples
as instructed by the Food Safety Officers along with the test method.
Adjudicating Officer
For the purpose of Adjudication, the State Government will notify Adjudicating Officers not below
the rank of Additional District Magistrate of the district. The Adjudicating Officer will have the power
of the civil court and all the proceedings before him shall be deemed to be judicial proceeding s within
the meaning of Section 193 & 228 of the Indian Penal Code.
Promotion &
Capacity Building
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Food safety is a collective responsibility of the Regulators, Industry and Consumers. However, the
Regulators are responsible for carrying out measures to protect public health by ensuring availability
of safe and wholesome food to the consumers. The role of Food Safety Officers is more dynamic as
they are the one who will be working at the grass root level.
Besides having a thorough knowledge of food law and regulation, Food Safety Officers must know
and understand all the elements of their role in food safety.
FSO has to conduct inspections when:
FSO has to carry out food safety surveillance to identify and address the
FOOD SAFETY safety hazards. It has to be achieved through programmed sampling
system that make an effective contribution to food law enforcement.
SURVEILLANCE
Food Surveillance will highlight foods that are of public health risk.
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Chapter 3
Integrating food Chain
3.1 Process: Farm to Fork
Consumer confidence in the safety and quality of food supply is an important requirement and
consumers are demanding protection for whole food supply chain from Primary Producer to the End
Consumer often described as Farm to Fork approach. Maintaining food safety & quality is essential in
entire chain of food production.
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The Consumer might consider that Safe Food means “Zero Risk” or “No Risk at all”.
A food manufacturer would consider Safe Food as “what is an acceptable risk?”
Opinion express that zero risk is not feasible given the range of food product available, the
complexity of the distribution chain and human nature. The difficulty that arises in manufacturing
“safe” food is, that, the consumer is the mixed population with varying degree of susceptibility and
general life style. During production, use of Pesticide to control insects, unwanted plant or fungi
used on Primary Crop can result in trace residues of pesticide in the food. Traces of drugs given to
food producing animals to treat diseases in animal under some circumstances may remain in the
food. During Processing, use of preservatives to reduce microbial growth can be perceived as
undesirable by the consumers. These trace toxicants which come in to the food chain
unintentionally are regulated for safety for example MRL setting for Pesticides & Antibiotics.
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International Agencies like Food & Agriculture Organisation (FAO) & World Health Organisation
(WHO) as well as Codex Alimentarius Commission with its member countries recommend Risk
Analysis Approach for managing the risk in the food production process.
What is Risk?
Hazard
Risk
Exposure
Hazard can become a risk only when there is an exposure to that particular
hazard. If there is a hazard but there is no exposure, it cannot become a risk.
What is Hazard?
As shown in the Picture, there is a nail embedded in the food, chemical used for vegetables and
microbes. These are the Hazards and when any one will consume this food, these will become a
Risk for consumer.
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Hazard is defined as a biological, or chemical or physical agent in a food or condition of the food,
with the potential to cause an adverse effect.
Biological Hazard: are living organisms, including microbiological organisms, bacteria, viruses,
fungi and parasites.
Chemical hazard: are in two categories: naturally occurring poisons and chemicals or deleterious
substances. The first group covers natural constituents of foods that are not the result of
environmental, agricultural, industrial or other contamination, examples being aflatoxins and shell
fish poison. The other group covers poisonous chemicals or deleterious substances, which are
intentionally or unintentionally added to food at some point in the production chain, examples are
pesticides and fungicides as well as lubricants and cleaners.
Physical Hazard: is any physical material not normally found in food which causes illness or
injury. physical hazards include glass, wood, stone, bone and metal, which may cause illness and
injury.
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Risk Assessment
Risk Management
Risk Communication
Risk analysis involves identifying the risk and weighing their likelihood and impact
on health and then establish system to reduce or mitigate the risks.
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Risk assessment is a scientifically based process consisting of four steps: hazard identification,
hazard characterization, exposure assessment and Risk Characterisation. Risk assessment is carried
out by the independent scientific panels and Scientific committee to provide scientific inputs on the
risk and potential adverse effect of the risk to the health of the consumers. These inputs are based
on sound scientific principle, data and evidence.
Risk management is a process of assessing various policy alternatives in consultation with all
relevant stakeholders, considering risk assessment and other factors relevant for the health
protection of consumers and for the promotion of fair trade practices
Risk Communication is the interactive exchange of information and opinions throughout the risk
analysis process concerning hazards and risks, risk related factors and risk perceptions, among risk
assessors, risk managers, consumers, industry, the academic community and other interested
parties.
A well established and integrated information and data generation system across the food chain on
the occurrence of risk is very essential to complete the cycle of Risk Analysis. Information & Data
generated should be of quality and precision, that minimizes uncertainty in the risk estimate to the
extent possible. Such activity in our Regulatory System to find out the risk associated with the foods
are being carried out by Food Safety Officers under the terms “Monitoring’” and “’ Surveillance ‘”.
Monitoring
Carry Out Inspections in food
establishments
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It has been described that, how hazard can enter in to the food chain at any point of time and
subsequently, on exposure to that hazard, consumer faces risk with unsafe food. to the consumers
Therefore, four Steps of Risk Assessment are always necessary to ensure food safety.
Through
Food Safety
Surveillance
&
Monitoring
Risk Management
The role of FSO in hazard identification becomes one of the important source of input for risk
assessors in completing the steps of Risk assessment. Risk Analysis is the foundation on which food
control policy and consumer protection measures are based. The scientific inputs from risk
assessment will provide basis for policy decisions to risk managers for developing standards and
guidelines to minimize or control the risks.
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Hazard identification
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Food risks in food establishments depend on types of foods handled- process and
products:
Establishments producing food to be cooked prior to consumption/ producing ready to eat products
Products like raw chicken/ meat and fish products are high risk because they naturally carry a high
load of pathogenic bacteria. For such products, practices related to cross contamination & cooking
are priority during inspection.
Products having wide distribution & large consumption, those meant for children, infants,
vulnerable segment of population pose more risk
Decision tree for risk categorization in the secondary food business sector
YES
NO
Medium Risk Food Business
Will/could the presence of the
YES hazard lead to “severe” public
High-Risk Food Business health consequences?
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Chapter 4
Food Safety Surveillance
4.1 Definition & Procedure
Food Safety Surveillance is a system that collects the data regarding all types of contaminants in
foods. It has to be conducted in a structured and planned manner with the purpose to understand
the spectrum of food safety, timely identifying of food safety hazards and then provide relevant data
for food safety monitoring, risk assessment and standard setting.
As a part of duties and responsibilities in food safety & standards rules and regulation 2011, Food
Safety Officer has to conduct surveillance activities at both the retail and wholesale level (at all stages
of production, processing and distribution)
Microbiological Surveillance is a system for collecting data on food borne diseases and is critical in
the performance of food safety systems. Surveillance of human illness and epidemiological
investigation of outbreaks can identify previously unknown hazards and provide feedback on the
effectiveness of the existing control measures.
Under the Food Safety and Standards Act it is planned that the Food Authority will derive the work
program from the Advisory Committee and scientific inputs from the Scientific Committee. This will
enable prioritization of work and taking decisions on the basis of science. More specifically, the Food
Authority will –
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A number of decisions of the Food Authority will require information and data. These decisions have
to be taken with the help of natural databases of hazards in foods, testing of food for chemical and
biological agents, dietary intake surveys, epidemiological surveys of consumer populations, and
investigations of food borne disease outbreaks. Monitoring and surveillance data allow the
identification of potential area of focus to be listed for subsequent action by the Food Authority and
the evaluation of the effectiveness of sanitary measures that have been implemented in all food safety
frameworks.
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The survey has to be carried out on regular basis to establish the current situation in the microbial
contamination in a range of foods and focus should be on high risk foods and processed foods.
However, the survey sampling can also be done to support an investigation of food borne illness
with other agencies (Public Health Departments)
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Foodborne diseases are diseases caused by consuming contaminated food or drinks. Many
microbes and toxic substances can contaminate foods. The majority are infectious and are caused
by bacteria, viruses, and parasites. Other foodborne diseases are essentially poisonings caused by
toxins, chemicals contaminating the food. All foodborne microbes and toxins enter the body
through the gastrointestinal tract and often causes the first symptoms there. Nausea, vomiting,
abdominal cramps and diarrhoea are frequent in foodborne diseases. Foodborne and waterborne
diarrheal diseases are a problem for every country in the world but they can be prevented. Food
borne diseases are usually either infectious or toxic in nature caused by agents that enter body
through the ingestion of food. Although most foodborne illnesses are sporadic, there have been
alarming outbreaks of salmonellosis, cholera, enter hemorrhagic E Coli infections, hepatitis A and
other diseases in both developed and developing countries. The symptoms of food borne diseases
range from mild and self-limiting (nausea, vomiting and diarrhoea with or without blood) to
debilitating and life threatening (such as kidney and liver failure, brain and neural disorders,
paralysis and potential cancers) leading to long period of absenteeism form work and premature
deaths.
Ascaris , Trichinella
Nematodes
Trematodes Clonorchis sinensis, Fasciola , Opisthorchis ,
intestinal flukes
Chemical Toxins and Aflatoxin, Cassava cyanide, dioxin
poisons
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National Centre
for Disease Regulatory
Control Compliance Food Laboratories
Department
[NCDC]
Steps of Investigation
Foodborne disease outbreaks are investigated to prevent both ongoing transmission of disease
and similar outbreaks in the future. Investigating an acute food borne outbreak may primarily be
Deductive (i.e., reasoning from premises or propositions proved previously), Inductive (i.e.,
reasoning from particular facts to a general conclusion) or it may be a combination of both.
Important considerations in investigating an acute outbreak of infectious diseases include
determining that outbreak has in fact occurred and defining the extent of the population at risk,
determining the measure of spread and reservoir, and characterizing the agent. The scale of an
outbreak may range from a local outbreak of a small number of linked cases with mild disease to
a nationwide or international outbreak of severe disease involving the mobilization of public
health resources from all levels irrespective of the scale.
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Epidemiological Investigation
Patterns in where and when people got
sick, and past outbreaks caused by the
same organism.
Interviews with sick people to look for
foods or other exposures occurring
more often than expected.
Finding the clusters of unrelated sick
people who ate at the same food,
shopped at the same grocery store, or
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Steps that are commonly used in investigating an outbreak, however these may vary and differ in
order, depending upon the outbreak.
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When a foodborne disease outbreak is detected, public health and regulatory officials shall have
to work quickly to collect as much information as possible to find out the cause of the outbreak,
so as to prevent more people from getting sick. The data is then collated, analyzed to establish the
likely source of the outbreak and with a convincing information to link the illness with the
contaminated food. In some cases, the health officials can decide to alert the public directly
through electronic media, and regulatory authorities can recall the food product and can impose
temporary ban on the sale, distribution or import of the food implicated in the outbreaks.
Epidemiologists Microbiologists
Regulatory
Public Health Division
Specialists Officers &
Inspectors
Food Safety Officer has to be a part of Rapid Response Team (RRT) for
outbreak Inspection
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Recall” means and refers to action taken to remove ‘unsafe food’ under
recall from distribution, sale and consumption as appropriate. Unsafe
food is defined under Section 3 (1) (zz) of the Act.
Food recall is an action taken to remove from sale, distribution and consumption foods, which may pose
a safety risk to consumers. A food recall may be initiated as a result of a complaint from a variety of
sources − manufacturers, wholesalers, retailers, government agencies and consumers. It may also occur
as a result of a food business’s internal testing and/or auditing. Recalls are conducted by food businesses
to ensure that potentially hazardous or unsafe foods are not consumed. A recall plan should strive to
achieve the following goals:
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REGULATORY COMPLIANCE
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Routine
Follow up
Establishments
FSMS plan
Inspection Types
Complaint
Product
Pre Licensing
License Renewal
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Inspection Requirements
for Food Business Operators
The establishment in which food is being handled, processed, manufactured, packed, stored
and distributed by the food business operator and the persons handling them should conform
to the sanitary and hygienic requirement, food safety measures and other standards as
specified below. It should also be deemed to be responsibility of the food business operator
to ensure adherence to necessary requirements. in addition to the requirements specified
below, the FBO shall identify steps in the activities of food business, which are critical to
ensuring food safety, and ensure that adequate safety procedures are identified,
implemented, maintained and reviewed periodically.
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Manufacturing
Storage
Area
Finished Personal
Product Hygiene
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Manufacturing Area
All pieces of food contact equipment should be clean
and in good repair.
All the equipment and their surrounding should be free
from evidence of rodent and insect activity.
Working area as well as washing facilities should be
clean and adequate.
In meat processing units’ carcass form diseased
animals should be removed from the processing unit
and disposed of accordingly.
Swabs from machines, tables, utensils and other food
contact surfaces should be taken at regular intervals to
ensure microbial safety for food use.
Air contamination should be adjusted by checking the
microbial quality of Air.
Personal Hygiene:
Health status
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Personal Cleanliness
Under Food Safety and Standards Regulation 2011(schedule IV), the Food Premises of every food
business operator where food is processed or prepared must develop, maintain and follow a Food Safety
Plan to ensure that a health hazard does not occur in the operation of the facility. FSO has to facilitate
in preparation of Food Safety Plans for Panchayat and Municipalities in accordance with the parameters
and guidelines given in Schedule IV of regulation 2.1.2. Food Safety Plans should focus on the critical
steps within the preparation of the food to prevent hazards from entering the food chain.
Identification
Taking
of Potentially Set Critical Set Critical
Corrective
Hazardous Control Point Limit
Action
Foods
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Before venturing into preparing a food safety plan, one needs to have baseline data on
food safety issues, one needs to address in his jurisdiction or panchayat or municipality
etc. If a road map is made covering all the components of the food safety plan half of the
job is completed and implementation becomes easy.
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HACCP system for food safety control was initially developed for the US Space Programme.
HACCP provides a means of ensuring that food eaten by astronauts was safe and did not contain
any food poisoning organisms which may have added to the difficulties of space mission. The
FSS Act 2006 also encourages all food services establishments, industry to follow HACCP
principles to ensure food safety.
There are seven HACCP principles that will be a part of your food safety plan. Principles one
through five are required, and principles six and seven are highly recommended:
1. Identifying hazards
7. Keeping Records
Implementation of HACCP
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Benefits of HACCP
Many varied benefits have been described including:
Better understanding of the processes and rationale for food safety controls.
Personnel understand their roles better and are better trained.
Provides a systematic approach;
Control is tightened up, which may also lead to quality benefits.
Proactive strategy means that controls are built in to prevent problems and these
continuously managed.
Real time monitoring so problems are quickly identified and actioned straight
away, and
Cost effective by targeting resources to the essential areas.
Section 38 (2) & (5) empowers the Food Safety Officer, to inspect any establishment and to
conduct the visual inspection of the products manufactured, or stored for sale or stored for the
manufacture of any other food article, or exhibited for sale.
As per the Food Safety& Standards Act 2006, every pre-packaged food article has to be labelled and
it has to be labelled in accordance to the Food Safety and Standards (Packaging and Labelling)
Regulations, 2011.
The particulars of declaration on the label shall be in English or Hindi in Devnagri Script.
Pre-packaged food shall not contain any label that is misleading or deceptive or creating any
erroneous impression regarding its character in any respect.
Label in pre-packaged foods shall be applied in such a manner that they will not become
separated from the container.
Contents of the label shall be clear, prominent, indelible and readily legible by the consumer
under normal conditions of Purchase and use.
Where the container is covered by a wrapper, the wrapper shall carry the necessary
information or the label on the container shall be readily legible through the outer wrapper
and not obscure by it.
FSSAI License Number shall be displayed on the principal Display Panel.
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In order to safe guard the interest of the consumer, the packaged food article has to be labelled
and it shall provide the following information:
In addition to the above information the manufacturer or the packer has to also ensure that the
label complies with the general requirements of labelling prescribed under the regulations.
LABELLING REQUIREMENTS FOR FOOD IMPORTS INTO INDIA
All products should have a minimum of 60% shelf life remaining on each product at the time
of entry into India - Mandatory requirement
All information should be in English
The consignments shall comply with the provision of Labelling and Packaging Regulation,
2011.
The consignment of multiple food or food falling under different categories packed in a
single container shall be packed in such a manner so as to facilitate the inspection and
collection of samples from the consignment.
Special exemptions on labelling for information on name and address of the importer, FSSAI
logo, Non-Veg/Veg logo can be affixed by the importer upon arrival of imported food
consignment in the custom bonded warehouse.
Such deficiency shall be rectified by affixing a single non detachable sticker or by any other
non-detachable method. Upon such rectification by the food importer, AO shall carry out a
re-inspection.
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As discussed before the focus needs to be changed from product testing to compliance. However, to
verify the regulatory compliance for labelling and packaging the product is checked by visual
inspection by the Food Safety Officer and other inspecting Officers. The FSO can very easily notice
the defect in labelling through visual inspection provided he/ she has through knowledge about the
Act and relevant regulations. There may be no need for send a sample for analysis to identify the
labelling defects. If the food product is not labelled in accordance to the regulations or it does not
provide the required complete information or the food product is promoted for sale with false,
misleading or deceptive claims then it is considered as misbranded food and attracts the penalties as
per Law.
Principal Display Panel means that part of the container or package that the customers will first read
if it is on display in a shop or which they will pick up to read and examine if they want to purchase that
commodity. The principal display is what the salesperson will show to the customer if the customer
has asked to buy that particular packaged product.
According to regulations the Principal Display Panel normally gives the identity of the food like, Jam,
Pickle in a specific way, where the letters have to be of specific height. It also mentions the net quantity
or amount of the product in the specific container of package, the numerals for which have to be of
specific height as mentioned in regulations. The information on the Principal Display Panel has to be
clear, easily readable and cannot be obscured by design, vignettes, or crowding. For the packages of
the same size the quantity of the contents need to be in uniform size as directed by regulations.
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Edible Oils and Fat Label shall not use the expressions which are an exaggeration of
the quality of the product ( Extra refined, Ultra refined , Anti-
Cholesterol etc.)
Permitted food Label shall state the word “ Food Colours” with complete
colours chemical and the common name and colour index of the dye stuff
Irradiated foods The label shall have bear the Declaration “PROCESSED BY
IRRADIATION METHOD DATE OF IRRADIATION and the Logo
License Number of Irradiation Unit and
purpose of Irradiation.
The other food products with specific requirements are mentioned in sub-section
2.4.5 of Food Safety & Standards (Packaging and Labelling) Regulation 2011.
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Under sub-section 2.6.1 of FSS (Packaging and Labelling) Regulations, certain cases where one or more of the
mandatory information required to be given on the labels such as list of ingredients, Lot Number or Batch
Number or Code Number, nutritional information, the ‘date of manufacture’ or ‘best before date’ or ‘expiry
date’ and instructions for use, need not be given on the labels. Such cases are as given below:
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Under this provision the Food Safety Officer may search any place, seize ant article of food or adulterant, if there
is a reasonable doubt about the involvement of the FBO in commission of any Offense related to food. On demand
of the FSO, if the person against whom action is sought to be taken does not provide access to the place the food
safety Officer acting under sub section 2 of section 100 read with subsection 47 of CrPC can break open any outer
or inner door or window of any premises. However, if such premises is an apartment and the occupant is a female
(not being a person against whom action is sought to be taken) who, according to the customs of the country does
not appear in public, the FSO must allow her to withdraw and give her reasonable facility to withdraw, and then
may break open the apartment and enter it.
Seizure
Section 38(1) empowers the Food Safety Officer to seize any article of food which appears to be in
contravention of the Act or the regulations made thereunder. Section 42(2) further states the provisions
of CrPC relating to seizures shall apply to all actions taken by the FSO under this FSS Act.
This power can be exercised against both licensed and unlicensed persons under the Act. Further the
FSO has to thereafter inform the Designated Officer of the actions taken by him in writing. Every FSO has
the discretionary power to seize (in suitable cases) and carry away any article of food which is found
under circumstances which create suspension of the commission of any offence.
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5.4 Sampling
Food sampling is a process used to check that a food is safe and that it does not contain
harmful contaminants, or that it contains only permitted additives at acceptable levels, or that it
contains the right levels of key ingredients and its label declarations are correct, or to know the
levels of nutrients present. Food sampling involves the selection of a certain portion of container
and product units from a particular lot of the same food. It must be a representative as possible of
the whole consignment or from lot.
Objective:
1. Protecting public health
2. Detecting fraudulent activities
3. Giving customers sufficient information to make informed choices.
4. Ensuring that food standards are maintained
5. Informing the enforcement approach
6. Providing product quality advice to the producer
7. Promoting fair trade and deterring bad practice
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TYPE OF SAMPLES
Regulatory (Formal) Sample:
Regulatory/ Formal samples are picked for evaluation in case of certain concerns, issues. The reports of these
analyses are filed for legal actions. The sample integrity, homogeneity, and representativeness is vital for a fair
and meaningful inference and subsequent actions. Formal samples will be taken where formal enforcement
action may be required if an adverse report is received following examination or analysis. Hence formal samples
have to be purchased or procured by the Food Safety Officer /Authorized officers.
SAMPLING PLAN
Sampling plans are required to ensure that fair and valid procedures are used when food is being controlled for
compliance with a particular commodity standard. FSO/ Authorized Officer is responsible for sampling should
select sampling plans appropriately for inspections under specifications laid down in standards. The sampling
plans have to be designed to ensure foods safety and are to collect samples for testing to decide whether a food
lot complies with relevant food safety standards and is fit or unfit for human consumption. The plans will vary
according to food commodities and hazards involved, each sampling plan should specify the number of samples
to be randomly collected from a suspect food lot for testing; the plans also guide how to divide large food lots to
smaller sub lots for sampling.
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Methods of sampling
Method Characteristics
Random sampling Samples are collected in a way that ensures that any one unit has an equal chance
of being included into sample to be analysed.
Stratified sampling Units of sampling are taken from defined strata (subparts) of the parent population.
Within each stratum the samples are taken randomly. The sampling of branded
foods can be stratified according to manufacturing plant. Where different brands of
the same food are not expected to show significant variation, the sample can be
weighted according to market share. Strata may be regional, seasonal, retail sale
point, etc., as defined by knowledge of the food being sampled
Selective sampling Samples are taken according to a Sampling plan that excludes food products with
certain characteristics or selects only those with defined characteristics. This
method is often legitimately used in the analysis of contamination, where the
objective may be to identify maximal exposure to contaminants.
Samples of foods prepared in a unit can be regarded as selective samples. Generally,
samples collected from cooks working in domestic or industrial kitchens are to be
preferred, as they can be regarded as more representative of foods generally
available for consumption.
Systematic when a complete list of sample units is not available, but when samples are
sampling distributed evenly over time or space, such as on a production line. The first sample
is selected at random and then every nth unit after that.
Convenience Samples are taken on the basis of accessibility, expediency, cost or other reason not
sampling directly concerned with sampling parameters and samples obtained by using this
method should be regarded as low quality. Convenience sampling may be the option
in the case of wild or uncultivated foods; provided the sources of the samples are
fully documented the values can be used in a database.
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Procedure of Sampling
Requirements of Good Sampling methods:
Samples are useful for their intended purpose when they are taken in a manner consistent with
generally recognized good sampling techniques and good sampling practices. This requires the
following
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Sampling procedure
The sampling procedures involve the selection of a sample (or samples) from a lot, the inspection or analysis
of the sample, and the classification of the lot (as ‘acceptable’ or ‘not acceptable’) based upon the result of the
inspection or analysis of the sample. Sampling procedures should be performed in accordance with
appropriate ISO Standards related to the commodity of concern (for example ISO 707 for sampling of milk and
milk products). Sampling for analysis should be done by trained Food Safety Officer/ Authorized Officer.
Containers:
When selecting the container for sampling, some general
requirements are to be kept in mind:
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The list is the general guide for food sampling activities, and it can vary with specific sampling activities.
Appeal Analysis
FBO appeals
State Government to launch prosecution/penalty if Tribunal Special court
sample is unsafe, substandard or misbranded
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To Maintain the Integrity of the Sample, Food Authority Regulation timely notify:
Quantity of sample for analysis
Testing Microbiological Parameters
The method of lifting sample
Type of container
Temperature to be maintained
Method of transportation
Preservatives- Nature and Quantity (not added in sample for microbiological testing/analysis) &
same to be noted on the label affixed to the container.
Do you know how many and how much of sample will be needed?
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Table 1
The FSO must lift the following quantity of samples to be sent to the Food Analyst for analysis:
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The quantity of sample of food packaging material to be sent to the Food Analyst / referral lab
for analysis must be:
Name of food packaging material Approximate quantity/surface area
to be supplied
1. Food packaging material when sample is taken 8 x 1000 x 9 sq.cm. surface area."
from manufacturer.
2. When sample is taken from small consumer Complete packaging material used for
packages. one container.
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1. Shall call one or more witnesses at the time of lifting of the samples
2. Obtain the signatures from the witnesses in all the forms and documents prepared
3. Serve the notice in Form V A to the business operator then and there.
4. in case the food business operator discloses that the product has been obtained from the
manufacturer, the distributor or supplier, a notice shall also be given to such manufacturer, distributor or
supplier,
5. In case where the sample is drawn from an open container, the person drawing the sample shall also
draw a sample from a container in original condition of the same article bearing the same declaration, if
such container is available, and intimate the same to the Food Analyst.
6. Where a Food Safety Officer or the purchaser takes a sample of an article of food for analysis, he shall
pay, the cost of such sample, to the person from whom the sample is taken, calculated at the rate at
which the article is sold to the public
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The Food Safety Officer may undertake sampling under the following
circumstances:
a. Sampling for surveillance
b. Sampling for analysis and possible launch of prosecution
c. Sampling of possible adulterants
d. Sampling of any food product or books of account or other document for use as evidence
during proceedings.
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FSO has been empower to lift samples of any food, substance, books of account or any other
document if he has reasons to believe that such food, substance, books of account or any
other document may be required as evidence in proceedings under the FSS Act or the Rules
or any of the Regulations.
The FSO may seize them if they have been found in the possession or control of a
manufacturer, distributor or dealer in any food.
The FSO must be certain that such documents will be of use as evidence for a proceeding
under the FSS Act.
FSO can also lift extracts of such documents if they will be pertinent to an investigation under
the FSS Act. In any event, it is very important that when the FSO is seizing such documents,
the prior written consent of the DO or the Commissioner be obtained. The seized documents
are then to be kept in the safe custody of FBO.
The FSO can take copies or extracts from the documents by providing a written
communication to this effect to the FBO. Once the person from whom the documents were
seized receives this communication, he must provide all copies and extract requested
authenticated by the FBO accompanied by an affidavit in Form I.
In the event the FBO refuses to certify or authenticate the copies or extracts and a prosecution
has been instituted against him under the FSS Act, the FSO must return the documents only
after the court has certified it
The FSO must then return the seized documents to the FBO from whom it was seized within
a period of 30 (thirty) days from the date of seizure.
Suring the whole process the FSO must keep the FBO informed of all procedures and
actions to follow. This will help in obtaining the FBO’s co-operation.
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Entire prosecution process depends Food Safety Officer should have complete clarity
on the sampling and analysis process. about sampling process and must take it in
compliance with the procedures laid down.
Sampling and analysis process must
Any Procedural lapse in the sampling process
be undertaken to determine if there
could lead to deficiencies in the adjudication
has been any contravention of the
process
provisions of the FSS Act
On the directions of Designated Officer in writing,
Food Safety Officer will file adjudication
immediately with the Adjudicating Officer.
The actions of the FSO will have a direct impact on the level of safe and wholesome food that
reaches the end consumer and the liability that may be attached to FBOs for committing any
offense or non-compliance under the FSS Act.
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other adhesive.
3 SAMPLE
3
A paper slip (NOT required in case an
A paper slip of the size that goes around
Authorized Officer draws the
completely form the bottom to top of the
container, bearing the signature of the sample) affixed from the bottom to
designated officer and code number of the top of the container, bearing:
sample, shall be pasted on the wrapper, the
Signature of the DO/officer
signature or thumb impression of the person
authorized by Food Safety
from whom the sample has been taken, shall
be affixed in such a manner that the paper slip commissioner.
and the wrapper both carry a part of this Code number of the sample.
signature or the thumb impression. The signature/thumb
impression of the person
The paper cover shall be further secured by from where the sample is
means of strong twine or thread both above
procured.
and across the bottle, or container and the
The signature/thumb
twine or thread shall then be fastened on the
paper cover by means of sealing wax on which impression of one or more
there shall be distinct and clear impression of witnesses (if required).
the seal of the sender, of which one shall be at
An additional sheet/s of paper can
the top of the packet, one at the bottom and
be affixed so as to cover the
the other two on the body of the packet. The
knot of the twine or thread shall be covered by container completely, duly signed by
means of sealing wax bearing the impression FSO for purpose of identification.
of the seal of the sender (FSO/ Authorized
Complete sample to be wrapped in
Officer).
fairly strong thick paper.
The outer covering of the packet shall also be
marked with code number of the sample. Use of Twine or Thread on bottle
(above and across).
Dispatch of Sample
After packaging and sealing of the sample it has to be dispatched to an authorized laboratory for
analysis. The sample must be handled and packaged in such a manner that subsequent handling
will not change the identity or cast doubt on its integrity.
All samples packaged for dispatch must be secured with shock absorbing material to protect
them from damage en route.
Samples of frozen food may be packed in insulated cartons containing dry ice that will last
for the length of time.
When frozen, perishable or dangerous items are sent, the receiving laboratory should be
notified of the dispatch either telephonically or by email, with all the information pertinent
to the sample product. This is important for the laboratory to perform analysis at the
earliest.
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Sample to be analysed
Within 7 days from
within 14 days from its
the date of receipt
Receipt (if fails, Food
Inform Designated Officer Analyst to inform the DO
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Action by Designated Officer on the report (Rule 2.4.3 of FSS Rules 2011)
Designated Officer shall keep the two copies of the Analysis Report for
further action
FBO in writing, can request FSO for sending the fourth part of
sample for analysis to any NABL accredited / FSSAI notified
laboratory
Food Analyst sends four copies of the analysis report to the DO (Form VII A) indicating the
method of analysis
Analysis should complete within fourteen days from the date of the receipt of the sample
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WILL
FOCUS
ON
PURPOSE NATURE EQUIPMENTS & DOCUMENTS
MANPOWER
Inspection for pre-informed Sampling Copies of the documents submitted by
Licensing equipments, the FBO with application, Form VI [ in
camera,other logistic case of sampling] Checklist for Inspection
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WILL SEE
NOT
FAULT
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WILL
DO
Recommend to DO to issue
Improvement Notice
• Prosecution
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FORM III
FORM OF ORDER OF SEIZURE
[Refer Rule 2.3.2.(1)]
To
(Name and address of the Food Business Operator)
………………………………….
………………………………….
………………………………….
Whereas below mentioned articles of food…. intended for sale which is in your possession
appears to me to be adulterated/misbranded under in violation of section—————————
———————of FSS Act:
Now therefore under clause (c) of sub-section (1) of section 38 of the Food Safety and
Standards Act, 2006 (34 of 2006), I hereby direct you to keep in your safe custody the said
sealed stock subject to such orders as may be issued subsequently in relation thereto.
Area……....................……
Place:
Date:
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Signed this …………day of ………………. whereas Shri……………Food Safety Officer has seized………. (here, insert
the description of materials together with number/quantity and total price hereinafter referred to as the
said article) from ………..(specify the place);
Whereas on the request of the Food Business Operator(s) the government has agreed to keep the said article
in the safe custody of the Food Business Operator(s) executing a bond in the terms hereinafter contained and
supported by surety/two sureties which the Food Business Operator(s) has/have agreed to do. Now the
condition of the above written obligation is such that if in the event of the Food Business Operator(s) failure
to produce intact the said article before such court or Authority and on such dates(s) as may be specified by
the said Food Safety Officer from time to time the Food Business Operator(s) and /or the surety/sureties
forthwith pay to the government on demand and without a demur sum of ………rupees and there after the
said bond will be void and of no effect. Otherwise the same shall be and remain in full force and virtue.
These presents further witness as follows:
(i) The liability of the surety/sureties hereunder shall not be impaired or discharged by reason of time being
granted
by or any forbearance, act or omission of the government whether with or without the knowledge or consent
of the sureties or either of them in respect of or in relation to all or any of the obligations or conditions to be
performed or discharged by the Food Business Operator(s). Nor shall it be necessary for the government to
sue the Food Business Operator(s) before suing the sureties or either of them for the amount due, hereunder.
(ii) This Bond is given under the Food Safety and Standards Act,2006 for the performance of an Act in which
the public are interested.
(iii) The government shall bear the stamp duty payable on these presents.
In witness whereof these presents have been signed by the Food Business Operator(s) and the
surety/sureties the day
hereinabove mentioned and by Shri……………on behalf of the President of India on the date appearing below
against his signature.
Witnesses:
1.……………………. (Signature)
(Name and address) …………………..
2……………………. (Signature)
(Name and address) …………………..
Signature………………… (Food Business Operator)………
Signature………………… (Food Business Operator)………
Signature………………….. (Surety)………
Signature………………….. (Surety)………
for and on behalf of the President of India / governor of state of.
Signature………………………...
( Designation)………
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DETENTION/SEIZURE MEMO
In exercise of the power delegated to me under section 38 of the FSS Act, I ---------------------
------- hereby seize/detain the under mentioned food products/documents which
contravene the provision of section------------------------------------ of this Act at the premises
of M/S----------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------------------------------------------
-------------------------------------------------------------------------------------
Sl.No. Name of the products Batch No. No of units Qty in kgs .
1.
2.
3.
4.
5.
-------------------------------------------------------------------------------------------------------------------------
----- The detention/seizure has been made and the inventory has been prepared in
presence of the following witness.
Name and address of the witness signature.
1.
2.
The products detained have been duly sealed and are left in the custody of Shri. --------------
-----------------------------------------------------------------------------------------------------------with the
instruction not to temper with the seals and not to dispose of the products till further
order.
Name-----------------------------------
-
Place----------------------------
Date: -----------------------------------
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FORM V A
FORM OF NOTICE to the Food Business Operator
(Refer Rule 2.4.1. (3))
To
………………..
……………….
I have this day taken the samples of food from premises/shop/market of ……………….situated at
……………..as
specified below to have the same analysed by the Food Analyst for _______.
Details of food:
Code number:
Parameter to be tested:
Witnesses
Witnesses
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FORM VI
MEMORANDUM TO FOOD ANALYST
[Refer Rule 2.4.1.10]
From:
……………..
…………….. Date: _____
To
Food Analyst
………………
……………..
MEMORANDUM
(Refer Rule 2.4.1(11))
1. The sample described below is sent herewith for analysis under ___ of ___ of section ____ of Food
Safety and
Standards Act, 2006
2. A copy of this memo and specimen impression of the seal used to seal the packet of sample are being
sent separately by post/courier/hand delivery (strike out whichever is not applicable)
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ADMINISTRATION
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Under the Section 31 of Food Safety and Standards Act 2006 and (Licensing/ Registration of Food Businesses is
mandatory, and food safety and standards (Licensing/ Registration of Food Businesses) Regulation 2011 lays
down Licensing and Registration conditions which are compulsory for any food business. All Food Business
Operators in the country will be registered or licensed in accordance with the procedures laid down in the Act
and regulation made thereunder. As mandated by the Act, distinction has been introduced between
“Registration” and “Licensing” as per the annual turnover and the capacity of production. Some food sectors
have been put under the central licensing (Schedule 1)
Central Licensing
Authority
State Licensing
Authority
Registration Authority
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Registration is meant for petty food manufacturers. Petty food Businesses are defined under the
food safety and standards Regulation as any Food Business Operator who:
Food Business Operator who manufactures or sells any article of food himself or a petty
retailer, hawker, itinerant vendor or temporary stall holder.
Some other Food Businesses including small scale or cottage or such other industries
relating to food business or tiny food businesses with an annual turnover not exceeding Rs
12 lakhs and / or whose:
Production capacity of food (other than milk or milk products and meat
and meat products) does not exceed 100kg/lbs per day or
Production or procurement or collection of milk is up to 500 litres of milk
per day or
Slaughtering capacity is two large animals or ten small animals or 50
poultry birds per day or less.
Based on above definition even a temple that distributes Prasad or food must be registered as a
petty FBO. This provision is indicative of the very wide regulatory scope of the FSS Act.
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Filing of Application
Application
Form A
fee Rs 100/-
Processing of Application
If no response
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1. The Food Safety Officer is an appropriate registering authority for petty Food Businesses.
2. Every petty FBO applying for registration must submit an application in Form A (format in Annexure 2)
together with the INR 100 as the fees. The petty FBO is also expected to submit a self-attestation (in
prescribed format) stating that he is complying with the prescribed hygiene and safety requirements.
3. The FSO must scrutinize the Form A, ensure it is completed and all the information is written in a legible
manner. The FSO must ensure all the required documents (ID proof etc.) have been provided, the self-
attestation is in order and that the complete fee has been submitted. In case any information is missing on
the Form A or the petty FBO is unable to obtain certain information, the FSO must guide the petty FBO to
ensure that all the formalities are completed.
4. After ensuring that the application is complete in all respects, the FSO must make a decision to either grant
the registration or reject it within 7 days of the receipt of an application. If the FSO cannot make a decision,
he may inspect the premises before deciding. In any event, whatever decisions are taken, they must be
recorded in writing and the FSO must provide detailed reasons for the decision taken.
5. If the application is to be rejected, the applicant should be given an opportunity of being heard and the
reasons for rejecting the application should be recorded in writing. This has several purposes. For e.g – let’s
assume an application of a petty FBO was rejected because his location was close to an open sewer and he
refused to relocate to a cleaner location. By creating a written record, future FSOs will have a ready
reference if the same petty FBO applies again. The FSOs will be able to carry out a more informed risk
assessment before grating registration.
6. If the FSO orders an inspection, he must ensure that the hygiene and safety conditions that the petty FBO is
supposed to comply with are being followed (please see Annexure 4 for the conditions to be followed by the
petty FBO). The FSO should also use this opportunity to increase awareness and proper hygiene habits
amongst the petty FBOs. If the FSO sees any inconsistencies in the hygiene and safety requirements, then
he can caution the petty FBO and provide an opportunity for rectification instead of immediately rejecting
the application for registration.
7. After this process, once the FSO is satisfied that the safety and hygiene requirements are met he must grant
the registration within 30 days. This 30-day time period has been prescribed by law and should not be
deviated from. In the rare event that the FSO is unable to meet this timeline, he must inform the DO
immediately and must record reasons in writing for any such delay.
8. If registration is not granted, or denied, or inspection not ordered within 7 days or no decision is
communicated within 30 days after inspection, the petty FBO may start his food business, provided that it
will be the responsibility of the FBO to comply with any improvement suggested by the FSO in the future.
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9. After granting registration, the FSO must also issue a photo ID card which the petty FBO will have to
display in a prominent place on his premises. For eg – if the petty FBO is a food street vendor, he must
display his license on the cart or stall from which he sells his food.
10. Food safety inspection of registered establishments must be carried out at least once in a year. The
only exception is for a producer of milk who is a registered member of a dairy Cooperative Society and
supplies or sells the entire milk to the Society. The discussion on inspections will follow in the later
sections.
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Meeting Eligibility
NO Meeting Eligibility NO
Criteria for
criteria for Central Eligible for state license
Registration
License
Generates Reference No
and send notification to
FBO via Mail and SMS FBO submit physical Documents verification to
Documents be done
YES
No Yes
A Inspection to be done
No
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Document verification
Inspection to
be done
The application as forwarded by CLA for document scrutiny would be listed for further processing in
document securitization bin under the heading processing.
15 days’ time limit is given to FSO to scrutinize the application and the documents
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Once the FSO clicks on processing, all the applications that are available for document
scrutinization would be displayed
To process the application further for document scrutiny FSO will click on ‘Proceed’ for further
action
FSO can also view Non form C Modification application for which scrutiny has been completed and can
accept or reject the modification
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INSPECTION
FBO submit
DO will Assign Compliance Report
Food Safety within the time line
Officer
Inspection Report is OK No
Send inspection
notification to YES
FBO and
inspection team
Forward the inspection report DO Issue the
to Designated Officer License
Inspection process:
The applications that are forwarded for inspection by the Licensing Authority would be available to Food
Safety Officer in the Bin of “Acknowledge for inspection” under the head of inspection.
Once the FSO clicks on the link all the applications available for inspection would be displayed. The page
would also display the pre-inspection available applications and post inspection applications as well.
Submit inspection report: the inspection applications for which acknowledgement has been done by the
FSO would be displayed in “submit inspection report” bin under the head of inspection. The FSO will
submit the inspection report of the concerned application
Send back to FBO: if not found in order inspection report will be send back to FBO for clarification
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Inspection Process
Acknowledge for Inspection The applications that are forwarded for inspection by licensing Authority
would be available for FSO in the bin ‘Acknowledge for Inspection’ under the head Inspection as shown
in the fig below: -
Once the FSO clicks on the link all the application available for Inspection would be displayed. The page
would display the pre-inspection available applications and if FSO has to check the applications for post
license inspection can select the option post license inspection available in the drop down menu of
Inspection type as shown in the fig below: -
If found in order, FSO will then forward the inspection report to Designated Officer (DO) for further action or
can send back to FBO for Clarification.
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6.4 Licensing
Licensing of Food Businesses
Under Food Safety & Standards
Act 2006
(Section 31)
Licenses to be granted by Central Licensing Authority (Schedule 1)
Diary units including milk chilling units equipped to handle or process more than 50 thousand
liters’ milk/day or 2500 MT of milk solid per annum.
Vegetable oil processing units and units producing vegetable oil by the process of solvent
extraction and refineries including oil expeller unit having installed capacity more than 2 MT
per day.
All slaughter houses equipped to slaughter more than 50 large animals or 150 or more small
animals including sheep and goats or 1000 or more poultry birds per day.
Meat processing units equipped to handle or process more than 500 kg of meat per day or
150 MT per annum.
All food processing units other than mentioned under (I) to (IV) including relabellers and
repackers having installed capacity more than 2 MT/day except grains, cereals and pulses
milling units.
100 % Export Oriented Units.
All Importers importing food items including food ingredients and additives for commercial
use.
All food business operators manufacturing any article of food containing ingredients or
substances or using technologies or processes or combination thereof whose safety has not
been established through these regulations or which do not have a history of safe use or
food containing ingredients which are being introduced for the first time into the country.
Food Business Operator operating in two or more states.
Food catering services in establishments and units under Central Government Agencies like
Railways, Air and airport, Seaport, Defence etc.
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N o i m p r o v e m e
Filling of Application
Application
FORM B
Improvement
notice
No Improvement
Inspection of premises after
NO INSPECTION FBO may
receiving completed application &
start the
issue inspection report Suspension
business
after 60
days
No improvement
Cancelation
Either grant or reject the license
within 60days of receipt of
completed application or within 30
days of inspection FRESH
APPLICATION
AFTER 90 DAYS
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For other FBOs applying to the DO for a license, the process is a little more complex though the role of the
FSO is equally important in this case as well.
1. The FSO has the responsibility of carrying out the inspection of the FBO’s premises. This inspection
is of the sanitary and hygiene conditions. The FBO has to demonstrate compliance with these
conditions before the DO grants a license to the FBO.
2. The FSO should announce his intention to come for inspection to the FBO giving him adequate
notice, for e.g. – a FSO may inform a FBO seven days in advance of his inspection visit. The idea
here is to ensure that the FBO is as prepared as possible for the inspection thus making the
inspection more fruitful. Once at the premises, the FSO should take detailed notes and ensure
that all sanitary and hygiene conditions to be complied with are followed to the maximum extent
possible.
3. The FSO should develop a template or checklist of sanitary and hygiene conditions to be checked
during such inspections. This will help ensure that the inspection is objective and systematic. The
FSO should immediately record any additional observations made by him during the inspection. If
possible, the FSO should take the FBO’s signature on the checklist for inspection to ensure that
the FBO is also aware of the FSO’s inspection findings. Preparing these records in such a manner
will help with future risk assessment and will also help the FSO provide correct and relevant
guidance to each FBO during the licensing process.
4. Once the inspection is complete, the FSO must issue a notice to the FBO pointing out the lack of
compliance with the sanitary and hygiene conditions, wherever such deficiencies exist. In fact, the
checklist developed by the FSO will help identify the gaps in compliance, making it easier for the
FSO to issue the notice to the FBO.
5. The FSO may also counsel the FBO with the kinds of measures to be undertaken to ensure general
hygiene and safety and the expectation of the regulator in terms of on-going compliance. This will
be invaluable advice to the FBO and can ensure the FBO’s co-operation in the future.
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Suspension or cancelation
Suspension or cancellation of license may happen only after the Improvement Notice has not
been complied with by the FBO. After issuance of the Improvement Notice, during inspection, if
it is proved that the FBO has not taken the corrective action as expected form him, his License /
registration may be suspended till the time he corrects the condition
Role of Food Safety Officer in suspension or cancellation of License / Registration
FSO can recommend to the designated officer giving specific grounds, suitable action in regard
to licenses issued to any Food Business Operator, if on Inspection the Food Safety Officer finds
that the Food Business Operator has violated the conditions for grant of license.
Appeal
A Food Business Operator aggrieved by the order of the Registrating or Licensing Authority may
appeal to the concerned Designated Officer or Food Safety Officer as per the regulation laid
down in the Section 31(8) & 32 (4) (5) of the Act.
Section 31(8) provides for Appeal against the order of Registration of grant of License /
Registration before the commissioner of Food Safety.
Section32(4) deals with appeal before the Food Safety commissioner against an Improvement
Notice served on the FBO or refusal to issue a certificate as to improvement or cancellation or
suspension or revocation of license.
Section 32(5) sets the time limit for appeal within 15 days of receiving the order. In case the
order is issued by the Designated Officer for many noncompliance or failure by the FBO then
the time frame is set out a mentioned in that order (if Any) or 15 days, whichever is earlier.
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Prohibition Orders
If any food business operator is convicted of an offence under this Act; and the court by or before which he is
so convicted is satisfied that the health risk exists with respect to that food business, the court, after giving
the food business operator an opportunity of being heard, may by an order, impose the following prohibitions,
namely: -
a prohibition on the use of the process or treatment for the purposes of the food business;
a prohibition on the use of the premises or equipment for the purposes of the food business or any
other food business of the same class or description;
a prohibition on the use of the premises or equipment for the purposes of any food business.
The court may, on being satisfied that it is necessary so to do, by an order, impose a prohibition on the food
business operator participating in the management of any food business, or any food business of a class or
description specified in the order. As soon as practicable after the making of an orders the concerned Food
Safety Officer shall serve
A prohibition order shall cease to have effect upon the court being satisfied, on an application made by the
food business operator not less than six months after the prohibition order has been passed, that the food
business operator has taken sufficient measures justifying the lifting of the prohibition order.
The court shall give a direction on an application by the food business operator, if the court thinks it proper
so to do having regard to all the circumstances of the case, including in particular, the conduct of the food
business operator since the making of the order; but no such application shall be entertained if it is not made
–
(a) within six months after the making of the prohibition order; or
(b) within three months after the making by the food business operator of a previous application for such a
direction.
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1. A Designated Officer has the power to recommend the Commissioner for the issue of emergency prohibition
notices. An emergency prohibition notice can be issued if the DO is satisfied that a health risk condition exists
with respect to any food business. The DO then makes a recommendation to the Commissioner to issue such
a notice. The commissioner of Food safety after being satisfied will impose Prohibition by order.
2. The day before the DO intends to make a recommendation to the Commissioner to issue an emergency
prohibition notice, he has to serve a notice on the food business in question stating his intention to make a
recommendation to the Commissioner Once the emergency prohibition order has been issued, it is the DO’s
responsibility, with the help of the Food Safety Officer , to serve a copy of the order on the FBO’s business or
affix a copy of the order at a conspicuous place on such premises used for the purposes of that business.
3. Once the FBO has taken corrective action, he may apply to the DO for a certificate stating that the health risk
has receded. If the DO is satisfied that the FBO has taken sufficient measures such that the health risk has
receded, he may issue a certificate to that effect.
4. This certificate must be issued within 7 days of an application by the FBO. Once the certificate is issued, the
emergency prohibition notice will cease. However, if the DO is not satisfied and does not issue such a
certificate, he must inform the FBO within a period of 10 days of receipt of application indicating reasons for
such decision.
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1. The FSO has an important role to play, as they can be a counselor for FBOs in their effort to
comply with the provisions of the FSS Act. For eg – if the FSO, on inspection identifies any
contraventions by any FBO, then he can issue a caution stating the regulation to be followed
for the contraventions and can also counsel the FBOs for various preventive and corrective
actions to be taken for that contraventions. This is especially true for Petty FBOs who may not
be aware of the compliances required under the FSS Act.
2. The FSO must stay up to date with all the regulations, amendments, advisories etc that are
issued and notified under the FSS Act. This is a technical legislation and compliance under this
legislation involves scientific technical processes. The Act mandates scientific risk based
analysis. To ensure the best in class vigilance, the FSO should stay up to date with all such
relevant developments. The FSO should also stay in touch with allied legislations such as the
BIS Act, the Legal Metrology Act and other laws affecting safety of food such as environmental
laws and municipal sewage and water mechanisms. In this regard, the FSO may turn to the DO
and the Commissioner whenever he feels training may be beneficial or if any clarifications are
required.
3. It would be very beneficial to the FSO if he has a background in or at least some exposure to
food science and technology and in public health. This is because food processing and
manufacturing has become a highly specialized, technology intensive sector involving complex
physiological disciplines. There are also innumerable interactions between food components
and with multiple external factors that may have an effect on the quality and safety of food.
These factors may be microbiological, chemical, physical or sensory. Thus a technical
background will help the FSO understand the legislation and implement it better for the
ultimate benefit of the consumers.
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5. The FSO should have a thorough knowledge about the Hazard Analysis and Critical Control
Point HACCP as its elements are useful for risk based inspections. Ideally, the FSO should have
taken courses and been certified in the application of HACCP.
6. The FSO should be well equipped to undertake risk analysis and risk communication. There
should be periodic studying of general risks that affect a category of food or food business. For
eg – by maintaining records of inspections etc, the FSO will be able to judge what the greatest
risks affecting a particular area or a particular food business are. This will help him understand
what his inspections should focus on and what areas FBOs may require guidance for.
7. The FSO should have good knowledge of testing techniques so that he/she can make informed
decisions about sampling methods and properly interpret the results of testing.
8. The FSO must possess good communication skills to enable him/her to adequately convey
technical and regulatory information regarding safe food handling to others. In addition, the
FSO must have professionalism and confidence.
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Annexure 1: To access the general hygienic and sanitary practices, please visit the Food Safety and
Standards Authority of India website at http://www.fssai.gov.in/default.aspx
Annexure 2: FORM A (Application form for licensing)
Annexure 3: Self-Declaration for Registration and for Licensing
Annexure 4: General Hygienic and sanitary practices to be followed by petty FBOs when applying for
registration
Annexure 5: Format for Medical Examination (Performa for medical fitness certificate for food handlers)
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Annexure 2
Form ‘A’
Application for Registration / Renewal of Registration under Food Safety and Standards Act,
2006
Kind of business:
(b) Designation
Individual
Partner
Proprietor
Secretary of dairy co-operative society.
Others (Please specify)
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[Note: In case the number(s) are a PP or common number(s), please specify the name
of the contact person as well]
S.No Name of Food category Quantity in Kg per day or M.T. per annum
(i) In case of seasonal business, state the opening and closing period of the year:
_______
(j) Source of water supply:
Public supply Private supply Any other source
(k) Whether any electric power is used in manufacture of the food items:
Yes No
If yes, please state the exact HP used or sanctioned Electricity load:
___________________________________
(l) I/We have forwarded a sum of Rs………towards registration fees according to the
provision of the Food Safety and Standards (Licensing and Registration) Regulations,
2011 vide:
Demand Draft no. (payable to ____________________)
Cash
(Signature of the Applicant)
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Annexure 3
Refer Regulation 2.1.1 (2) and Regulation 2.1.3 of the Licensing and Registration Regulation
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Annexure 4
General Hygienic and sanitary practices to be followed by petty FBOs when applying for registration
Refer Regulation 2.1.1 of the Licensing and Registration Regulations
The FSO during inspection must confirm that the following measures are being carried out by the petty FBO
as far as possible:
The place where food is manufactured, processed or handled shall comply with the following requirements:
1. The premises shall be located in a sanitary place and free from filthy surroundings and shall maintain overall
hygienic environment. All new units shall set up away from environmentally polluted areas.
2. The premises to conduct food business for manufacturing should have adequate space for manufacturing
and storage to maintain overall hygienic environment.
3. The premises shall be clean, adequately lit and ventilated and sufficient free space for movement.
4. Floors, ceilings and walls must be maintained in a sound condition. They should be smooth and easy to
clean with no flaking paint or plaster.
5. The floor and skirted walls shall be washed as per requirement with an effective disinfectant the premises
shall be kept free from all insects. No spraying shall be done during the conduct of business, but instead fly
swats/flaps should be used to kill spray flies getting into the premises. Windows, doors and other openings
shall be fitted with net or screen, as appropriate to make the premise insect free The water used in the
manufacturing shall be potable and if required chemical and bacteriological examination of the water shall be
done at regular intervals at any recognized laboratory.
6. Continuous supply of potable water shall be ensured in the premises. In case of intermittent water supply,
adequate storage arrangement for water used in food or washing shall be made.
7. Equipment and machinery when employed shall be of such design which will permit easy cleaning.
Arrangements for cleaning of containers, tables, working parts of machinery, etc. shall be provided.
8. No vessel, container or other equipment, the use of which is likely to cause metallic contamination injurious
to health shall be employed in the preparation, packing or storage of food. (Copper or brass vessels shall have
proper lining).
9. All equipment shall be kept clean, washed, dried and stacked at the close of business to ensure freedom
from growth of mould/ fungi and infestation.
10. All equipment shall be placed well away from the walls to allow proper inspection.
11. There should be efficient drainage system and there shall be adequate provisions for disposal of refuse.
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12. The workers working in processing and preparation shall use clean aprons, hand gloves, and head
wears.
13. Persons suffering from infectious diseases shall not be permitted to work. Any cuts or wounds shall
remain covered at all time and the person should not be allowed to come in direct contact with food.
14. All food handlers shall keep their finger nails trimmed, clean and wash their hands with soap, or
detergent and water before commencing work and every time after using toilet. Scratching of body parts,
hair shall be avoided during food handling processes.
15. All food handlers should avoid wearing, false nails or other items or loose jewellery that might fall into
food and also avoid touching their face or hair.
16. Eating, chewing, smoking, spitting and nose blowing shall be prohibited within the premises especially
while handling food.
17. All articles that are stored or are intended for sale shall be fit for consumption and have proper cover
to avoid contamination.
18. The vehicles used to transport foods must be maintained in good repair and kept clean.
19. Foods while in transport in packaged form or in containers shall maintain the required temperature.
20. Insecticides / disinfectants shall be kept and stored separately and `away from food manufacturing /
storing/handling areas.
1. Potential sources of contamination like rubbish, waste water, toilet facilities, open drains and stray
animals shall be avoided.
2. The surfaces of the vending carts which come in contact with food or food storage utensils shall be built
of solid, rust/ corrosion resistant materials and kept in clean and good condition They shall be protected
from sun, wind and dust. When not in use, food vending vans shall be kept in clean place and properly
protected.
3. Rubbish bin with cover shall be provided by food stall or vending cart owners for any waste generated
in the process of serving and eating by consumers.
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4. Working surfaces of vending carts shall be clean, hygienic, impermeable and easy to clean (like
stainless steel), and placed at least 60 to 70 cm. from above ground.
5. Sale points, tables, awnings, benches and boxes, cupboards, glass cases, etc. shall be clean and
tidy.
6. Cooking utensils and crockery shall be clean and in good condition. It should not be broken/
chipped.
7. All containers shall be kept clean, washed and dried at the close of business to ensure that
there is no growth of mould/ fungi and infestation.
8. Water used for cleaning, washing and preparing food shall be potable in nature.
9. Transporting of drinking water (treated water like bottled water, boiled/ filtered water through
water purifier etc.) shall be in properly covered and protected containers and it shall be stored
in clean and covered containers in a protected area away from dust and filth.
10. Cooking, storage and serving shall not be done in utensils of, cadmium, lead, non-food grade
plastic and other toxic materials.
11. Utensils shall be cleaned of debris, rinsed, scrubbed with detergent and washed under
running tap water after every operation. Wiping of utensils shall be done with clean cloth.
Separate cloths shall be used for wiping hands and for clearing surfaces, cloth used for floor
cleaning will not be used for cleaning surfaces of tables and working areas and for wiping utensils
Person cooking, handling or serving food should use hand gloves and aprons, where necessary.
He shall wear head gear and cover his mouth always while at work.
12. Removing dust or crumb from plates or utensils shall be done by using cloth or wiper into
dustbin.
13. The person suffering from infectious disease shall not be permitted to work.
14. All food handlers shall remain clean, wear washed clothes and keep their finger nails
trimmed, clean and wash their hands with soap/ detergent and water before commencing work
and every time after touching food or using toilet.
15. All food handlers should avoid wearing loose items that might fall into food and also avoid
touching or scratching their face, head or hair.
16. All articles that are stored or intended for sale shall have proper cover to avoid
contamination. Food should be stored only in food grade plastic containers as steel containers
to prevent leaking.
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17. Eating, chewing, smoking, spitting and nose blowing shall be prohibited within the premises.
18. Foods shall be prepared or cooked as per the day's requirement to avoid left over which
might be used in the next day without ascertaining its safety for consumption or use in food.
Consumables left over shall be kept in the refrigerator immediately after their intended use.
19. Adequate number of racks shall be provided for storage of articles of food, with clear identity
of each commodity. Proper compartment for each class shall also be provided wherever
possible so that there is no cross contamination.
20. Rubbish or garbage bin shall be with a tight cover and shall be cleaned everyday by
transferring contents into designated locations.
22. Fridge should be cleaned at least once a week to remove stains, ice particles and food
particles. The temperature in the fridge should be in the range of 4°C - 6°C.
23. The location of the vending unit should be in a place approved by the local authorities and
not blocking traffic or pedestrians or near unhygienic locations.
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Annexure 6
Improvement Notice
Reference number of inspection report of FSO on the basis of which the improvement notice is issued
I have reasonable grounds for believing that you are failing to comply with the FSS Act, Rules and
Regulations made thereunder in connection with your food business:
The improvement measure(s) must be undertaken by ____ (date), failing which your license may be
suspended.
It is an offence not to comply with this improvement notice by the date stated.
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Annexure 7
To
In exercised of the power delegated to me under Section 38 sub-section 4 of the Food Safety and Standards
Act 2006, I hereby declare and inform you that the food articles seized by me on ----------- (dd/mm/year)
were found to be in a deteriorated state and unfit for human consumption based on the following
observations:
1
2
3
By reason of such deterioration, it has been decided that the food articles listed below must be destroyed.
SI No. Name of products Batch Number No. of units Qty in kgs. Reason for destruction
1
2
3
4
The food articles must be destroyed by ------------- (dd/mm/year) by way of -------------- (method of
destruction) at a safe location, such that the destruction will not cause harm to any living being, any
building or structure or equipment, in my presence or in the presence or any other person authorised in
this behalf.
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There are some important definitions and concepts that the Food Safety Officer must keep
in mind while fulfilling his duties under the FSS Act:
1. Adulterant means any material which is or could be employed for making the food
unsafe or sub-standard or mis-branded or containing extraneous matter
2. 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
3. Extraneous matter means any matter contained in an article of food which may be
carried from the raw materials, packaging materials or process systems used for its
manufacture or which is added to it, but such matter does not render such article of food
unsafe
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5. 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
6. Food business operator in relation to food business means a person by whom the business is
carried on or owned and is responsible for ensuring the compliance of this Act, rules and
regulations made thereunder
7. Ingredient means any substance, including a food additive used in the manufacture or
preparation of food and present in the final product, possibly in a modified form
8. Label means any tag, brand, mark, pictorial or other descriptive matter, written, printed,
stencilled, marked, embossed, graphic, perforated, stamped or impressed on or attached to
container, cover, lid or crown of any food package and includes a product insert
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(iii) the article is offered for sale as the product of any place or country which is false; or
(C) if the article contained in the package--
(i) contains any artificial flavouring, colouring or chemical preservative and the package
is without a declaratory label stating that fact or is not labelled in accordance with the
requirements of this Act or regulations made thereunder or is in contravention thereof;
or
(ii) is offered for sale for special dietary uses, unless its label bears such information as
may be specified by regulation, concerning its vitamins, minerals or other dietary
properties in order sufficiently to inform its purchaser as to its value for such use; or
(iii) is not conspicuously or correctly stated on the outside thereof within the limits of
variability laid down under this Act.
10. 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
11. Unsafe food means an article of food whose nature, substance or quality is so affected as to
render it injurious to health: —
(i) by the article itself, or its package thereof, which is composed, whether wholly or in part, of
poisonous or deleterious substances; or
(ii) by the article consisting, wholly or in part, of any filthy, putrid, rotten, decomposed or
diseased animal substance or vegetable substance; or
(iii) by virtue of its unhygienic processing or the presence in that article of any harmful
substance; or
(iv) by the substitution of any inferior or cheaper substance whether wholly or in part; or
(v) by addition of a substance directly or as an ingredient which is not permitted; or
(vi) by the abstraction, wholly or in part, of any of its constituents; or
(vii) by the article being so colored, flavoured or coated, powdered or polished, as to damage
or conceal the article or to make it appear better or of greater value than it really is; or
(viii) by the presence of any colouring matter or preservatives other than that specified in
respect thereof; or
(ix) by the article having been infected or infested with worms, weevils or insects; or
(x) by virtue of its being prepared, packed or kept under insanitary conditions; or
(xi) by virtue of its being mis-branded or sub-standard or food containing extraneous matter;
or
(xii)by virtue of containing pesticides and other contaminants in excess of quantities specified
by regulations.
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12. The Act prescribes various offenses and corresponding penalties for such offences. These offenses and
penalties have been prescribed in Section 48 to 67 of the Act. The penalties prescribed for the various
offenses vary from a fine of INR 1,00,000 to imprisonment for life depending on the severity of the
offense committed. On the one hand, the Act also prescribes for action to be taken against directors
and persons in control of a company when an offense has been committed by a company. On the other
hand, the Act also provides for a compounding provision whereby a Food Safety Commissioner
empowers a DO to compound a fine levied on a Petty FBO up to INR 1,00,000. This of course is not
applicable to any punishment of imprisonment against a Petty FBO.
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should be the focus of the FSO, so the Food Safety Officer should first act as a
counsellor to FBO for various preventive and corrective actions to be taken for
any contraventions. This is especially true for Petty FBOs who may not be aware
The FSO must stay up to date with all The FSO should be able to provide food
the regulations, amendments, safety guidance to food Business
advisories etc. that are issued and Operators and must clarify the steps they
need to take control of all the risk of food
notified under the FSS Act The FSO
becoming contaminated.
should also have a knowledge about
The FSO should have good knowledge
other allied legislations such as the
of all the sampling techniques and
BIS Act, the Legal Metrology Act guidance notes on all enforcement and
and other laws affecting safety regulatory activities.
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