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FOOD SAFETY AND STANDARDS ACT, 2006

FSS Act,2006
The Food Safety & Standards Act 2006 is Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture,

storage distribution, sale and import, to ensure availability of safe and wholesome
food for human consumption and for matters connected therewith or incidental thereto.

Situation before FSS Act


Prevention of Food Adultration Act,1954+ 6 orders under Essential commodities Act on Milk, Meat, Fruit and Vegtables, Oil etc. Laws framed by different Ministries/Depts. With different perspective and enforcement approach Overlapping laws with different quality standards & labelling requirements

Situation earlier
Prevention of Food Adulteration Act 1954 and Rules
Department of Health Ministry of Health and Family Welfare

Export (Quality Control & Inspection) Act


Department of Commerce Ministry of Commerce & Industry

Fruit Products Order


Ministry of Food Processing Industries

Meat Products Order


Ministry of Food Processing Industries

Milk and Milk Products Order


Department of Animal Husbandry Ministry of Agriculture

INDIAN FOOD LAWS

Agricultural Produce (Grading & Marketing) Act


Department of Agriculture and Cooperation Ministry of Agriculture

Standards of Weights and Measures Act and Packaged Commodity Rules, The Vegetable Oil Products (Control) Order, The Edible Oils Packaging (Regulation) Order, The Solvent Extracted Oil, Deoiled Meal, and Edible Flour (Control) Order Ministry of Consumer Affairs, Food and Public Distribution

Current status
Indian food safety standard bill signed into law in 2005. In 2006 Food Safety and Standards Act, 2006 came into enforcement with two objective : To introduce a single statute relating to food and To provide for scientific development of the food processing industry On 5th Aug 2008 FSSAI was constituted. On 5th May 2011 FSS Rules were notified in to the Gazette. On 5th Aug 2011 FSS Rules and Regulation came into enforcement.

Why change was needed


Industry wanted just one window to deal with all the food regulations.

Standards are rigid and non-responsive to


scientific advancements and modernization. Varied Quality/Safety standards restricting innovation in food products. Integrated response to strategic issues like Novel

foods, GM foods, international trade etc.

conti...
Decentralization of licensing for food products .

Achieve high degree of consumer confidence in quality


& safety of food. Investors friendly regulatory mechanism with emphasis

on self regulations and capacity building.


Emphasis on gradual shift from regulatory regime to self compliance. Consistency required between domestic and international food policy .

Mechanism for speedy disposal of cases (special


courts/Special tribunals)

Salient features of Act


To ensure that all food meets consumers expectations in terms

of nature, substance and quality and is not misleadingly presents;


To provide legal powers and specify offences in relation to public health and consumers interest; To shift from regulatory regime to self compliance through Food Safety Management system.

Science based standards


Proprietary food, novel food, GM food, dietary supplements, nutraceuticals etc brought into the ambit of the new act.

Scope of the Act


The Act covers activities throughout the food distribution chain, from primary production through distribution to retail and catering. The Act gives the Government powers to make regulations on matters of food safety. The Food Safety & Standards Authority of India is the principal Government Authority responsible for preparing specific regulations under the Act.

FSSAI has been mandated by the FSS Act, 2006 for performing the following functions
Framing of Regulations to lay down the Standards and guidelines in relation to articles of food and specifying appropriate system of enforcing various standards thus notified.

Laying down mechanisms and guidelines for accreditation of certification bodies engaged in certification of food safety management system for food businesses. Laying down procedure and guidelines for accreditation of laboratories and notification of the accredited laboratories

conti...
To provide scientific advice and technical support to Central Government and State Governments in the matters of framing the policy and rules in areas which have a direct or indirect bearing of food safety and nutrition . Collect and collate data regarding food consumption, incidence and prevalence of biological risk, contaminants in food, residues of various, contaminants in foods products, identification of emerging risks and introduction of rapid alert system. Creating an information network across the country so that the public, consumers, Panchayats etc receive rapid, reliable and objective information about food safety and issues of concern

conti..
Provide training programmes for persons who are
involved or intend to get involved in food businesses. Contribute to the development of international technical standards for food, sanitary and phyto-sanitary standards.

Promote general awareness about food safety and


food standards.

CHIEF EXECUTIVE OFFICER, FSSAI


STATE GOVERNMENT COMMISSIONER OF FOOD SAFETY 34 STATES/UT

Information

Information

ZONAL OFFICES (for licensing of large units)

REGISTRATION

LICENCING

ZONAL DIRECTOR (Licensing Authority)

URBAN (City-Municipal Corporation)/ Town- Panchayat)

(Gram Panchayat)

RURAL

DESIGNATED OFFICER LICENSING AUTHORITY

OTHER OFFICERS (for inspections & Monitoring)

HEALTH OFFICER

HEALTH INSPECTOR/ SANITARY INSPECTOR


(Registering Authority and monitoring of traders)

(for Inspection of Medium Units for licensing and Monitoring of Registered Food Business Manufacturers)

FOOD SAFETY OFFICER

(Registering Authority and monitoring of traders)

FOOD INSPECTOR/HEALTH INSPECTOR/ SANITARY INSPECTOR

Information

REGULATORY ENFORCEMENT AT STATE

REFERAL LAB

FOOD SAFETY COMMISSIONER


APPELATE TRIBUNAL

SPECIAL COURT

ACCREDITED LAB
DESIGNATED OFFICER

ADJUDICATING OFFICER

FOOD ANALYST FOOD SAFETY OFFICER

ROLES & RESPONSIBILITIES OF FOOD SAFETY COMMISSIONER


Prohibit in the interest of public health, the manufacture, storage, distribution, or sale of any article of food.

Carry out survey/inspection of the food processing units in the state to find out compliance of prescribed standards.
Conduct training programmes for the personnel engaged in food safety. Ensure efficient and uniform implementation of the standards and other requirements of food safety.

Sanction prosecution for offences punishable with imprisonment under this Act.

ROLES & RESPONSIBILITIES OF DESIGNATED OFFICER


Issue or cancel license of Food Business Operator. Prohibit sale in contravention of this Act. Receive report and samples of articles of food from Food Safety Officer and get them analyzed. Make recommendation to the Commissioner of Food Safety for sanction to launch prosecutions Sanction prosecution Maintain record of all inspections made by Food Safety Officers Get complaints investigated in respect of any contravention of the provision of this Act or against FSO

ROLES & RESPONSIBILITIES OF FOOD SAFETY OFFICER



Taking samples of food intended for sale Seize any articles of food which appears to be in contravention of this Act Enter and inspect any place where food is manufactured, or stored for sale May after giving notice, cause unsafe food destroyed Seize any adulterant found in possession of a manufacturer or distributor Can be penalised for harassment of business operator (There is provision for penalising Complainant for false complaint)

Enforcement of Act
Adjudicating Officer of the State govt. To impose penalty for offences Shall have the powers of civil court Central / State govts. to establish one or more tribunals to attend to appeals

One member tribunal called Presiding Officer (District Judge) Power to establish special courts for expedient hearing for offences relating to grievous injury or death

Adjudication and Food safety Tribunals


FOOD SAFETY APPELLATE TRIBUNAL SPECIAL COURTS

ADJUDICATING OFFICER

State Govt. to notify Adjudicating Officer not below the rank of Addl. District Magistrate.

Central Govt. or State Govt. may be notify and establish one or more tribunals known as Food Safety Appellate Tribunals

Central Govt. or State Govt. may constitute special courts for trial of offences relating to grievous injury or death of the consumer

Substandard food: Upto Rs. 2.00 lakhs Misbranded: Upto Rs. 3.00 lakhs

Offences and Punishments

Misleading advertisement : Upto Rs. 10.00 lakhs


Food with extraneous matter: Upto Rs. 1.00 lakhs Fail to meet the requirements as directed by FSO: Upto Rs. 2.00 lakhs Unhygienic / unsanitary preparations: Upto Rs. 1.00

lakhs
Adulterant not injurious to health: Upto Rs. 2.00 lakhs Adulterant injurious to health: Upto Rs. 10.00 lakhs Unsafe food but does not cause immediate injury : 6 months imprisonment with fine of Rs.1.0 lakh

conti...

Unsafe food causing non-grievous injury : 1 year imprisonment with fine of Rs. 3.00 lakh Compensation in case for injury : upto Rs.1.00 lakh Causing grievous injury : 6 years imprisonment with fine of Rs. 5.00 lakh Compensation in case for grievous injury : upto Rs.3.00 lakh Causing death : 7 years or life imprisonment and fine of Rs. 10.00 lakh Compensation in case of death : upto Rs. 5.00 lakh minimum

Way ahead
FSSI proposes 12th Five year plan 2012-2017 which includes : Food safety needs to be the part of Education System - NCERT Foods for Special Dietary Use (FSDU) Regulation. Specify standards and guidelines in relation to food items, limits for food additives, Labeling & Quality control. Designate and finalise upgradation plans for Referral labs and food laboratory infrastructure. Regulation for Safety and Quality of Water/Milk & Meat Industry. Trans Fats and Saturated Fats Standards. Regulations for Labeling and claims especially for functional foods.

cont...

Develop procedures for establishment and working of Adjudicating officers and Food Safety Tribunals. Food Safety Surveillance Mechanism, Recall Mechanism. Review standards for Organic Food, GAP and GMP. Consumer awareness for food safety, disaster management. Critical studies on (e.g. through NIN) Diet Surveys, Data-base for Food Safety Regulations, Trans Fatty Acids Import regulation regime etc.

Thank you