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Food Safety Law

Group-1
AnkitAnand PGP10071
( Section-B)
Ayush Singla PGP10076

Manavi Singh PGP10092

R Shireesha PGP10102

Sandeep minj PGP10108


Siddharth Kashyap
PGP10120
Swarnajit Saha PGP10100
Introduction
Food Safety and Standards Authority of India (FSSAI) is an autonomous
body established under the Ministry of Health & Family Welfare,
Government of India Laying down
mechanisms and
guidelines for
accreditation of
certification bodies
engaged in
certification of food
safety management
system for food
businesses Collect data
Food Licensing and regarding food
Registration System consumption,
(FLRS) is an online incidence and
system launched by prevalence of
FSSAI to facilitate biological risk,
FBOs in India to contaminants in
apply for license / food, residues of
registration various,
certificate contaminants in
foods products,
identification of
emerging risks and
introduction of rapid
alert system

Provide training
Promote general programmes for
awareness about persons who are
food safety and food involved or intend to
standards get involved in food
businesses 2
FOOD SAFETY AND STANDARDS ACT, 2006

An 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
• Food Business: Under section 3(n) of the Food Safety and Standards Act
2006, ‘food business’ is 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
• Food Business Operator: Under section 3 (o) of the Food Safety and
Standards Act 2006, 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 3
Licensing

As per Section 31(1) of FSS Act,


2006 every Food Business Eligibility criteria
Operator in the country is • Central License
required to be licensed under the • Food Businesses with Annual Turnover more than
Food Safety & Standards 20 crores
• Operating business in two or more States
Authority of India • Food Business covered under Schedule 1 of FSS
(Licensing and Registration of Food Businesses)
Regulations, 2011
• State License
• Food Businesses with Annual Turnover between 12
lakh and 20 crore
• All grain, cereal and pulses milling units
irrespective of turnover

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Licensin
g
Process
Product Approval System

The process of
product approval
is of three steps:
• The food business
operator should submit In case of The analysis is
an application in FORM The Food approval, the about the
- I along with Approval or
The food operator Authority may operator must chemical,
necessary documents rejection is on the
and fee to the Food needs to get prior either grant submit an physical,
basis of the safety
Authority approval of the approval or reject analysis microbiological
• Scrutiny of the assessment of the
products the application, as certificate of the and nutritional
application and article of food
information provided per FORM-II food to the parameters of the
by the applicant authority food
• Submission of
additional supporting
documents, data or
clarifications, if
required

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Product Approval System

The information that has to be


submitted in the Form - I:
• Name of the applicant
• Mobile No. / Phone No.
• E-mail
• Name of the organisation.
• Address of the organisation/registered
office.
• Nature of business.
• Name of the food product
• Source of food ingredient(s)
• Species of the organism (in case of
animal or microbiological source)
• Functional use.
• Intended use.
• Certificate of analysis from NABL
• Manufacturing process in brief.
• Regulatory Status
• Agreement of relationship of applicant
and manufacturer
• Safety information

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Product will be completely
safe for consumption and
therefore preferred over
products that are not

Product
Approva The inspection process has
been standardized so there is

l- minimal loss of time and


repute

Benefits As the safety and quality


tests are highly precise and in
accordance with the global
standards, international
customers can be attracted

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Liabilities

The manufacturer or packer of an article of food shall be liable for such article of food
if it does not meet the requirements of this Act and the rules and regulations made

The wholesaler or distributor shall be liable under this Act for any article of food which
is-
• supplied after the date of its expiry; or
• stored or supplied in violation of the safety instructions of the manufacturer; or
• unsafe or misbranded, or
• unidentifiable of manufacturer from whom the article of food have been received; or
• stored or handled or kept in violation of the provisions of this Act, the rules and regulations made
thereunder; or
• received by him with knowledge of being unsafe.

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Liabilities
The seller shall be liable under this Act, for any article of food which is-

Sold after the


date of its
expiry; or
Handled or kept
in unhygienic
conditions; or

Misbranded; or

Unidentifiable of the manufacturer or the


distributors from whom such articles of food
were received; or
Received by him
with knowledge
of being unsafe

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Maggi Case

Maggi instant noodles


came under the scanner
for three main reasons.
• The first was the
Several state aforementioned violation
of the regulations for
governments began adding lead and MSG
testing samples and into the product
banned the product. • The second offence was
Nestle India Within a few days, mentioning 'No added
challenged this Maggi was MSG' on the packaging,
decision but the withdrawn by Nestle which is an act of
results by Kolkata mislabeling
In 2014, when a from the market • Also, it launched 'Maggi
central laboratory in
laboratory in 2015 corroborated Oats Masala Noodles'
Gorakhpur proved without meeting the
the previous results appropriate norms of
that samples of standardization
Maggi contains lead
and Monosodium
Glutamate (MSG)
much beyond the
permissible limit 11
FSSAI Performance Evaluation
FSSAI is responsible for implementing the Food Safety and Standards (FSS) Act 2006

An audit of Food Safety and Standards Authority of India (FSSAI), the country's premier
watchdog on the food, by the Comptroller and Auditor General of India (CAG) reveals gaps
in the working of the body
CAG found that though it has been more than a decade since the enactment of the Act,
FSSAI is yet to frame regulations and guidelines to govern different procedures
Neither FSSAI nor the state food authorities have documented policies and procedures on
risk-based inspections and the FSSAI does not even have a database on food businesses in
the country
CAG pointed out that as the laboratories are not well-equipped, there is a possibility that
unsafe food articles continue to be manufactured and sold

The audit report also found that there is an acute shortage of licensing and enforcement
officers in the states which severely affected food safety measures

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Recommendations

For Streamlining the Operations of the FSSAI

Awareness and Grievance Redressal: Industry associations should assume a


more prominent role in terms of enhancing awareness about new/updated
regulations among FBOs
Strengthening Administrative capacity and coordination: enhanced
coordination between FSSAI's zonal and state/UT food authorities is required to
appraise FSOs of FSSAI's latest compliance requirements
Hand-Holding of small and medium enterprises: FSSAI may initiate a
dedicated guidance program to increase compliance and clarify complex rules and
regulations for SMEs
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Systemic Reforms for Food Safety

Regulatory and
Prospective
Substantive, Impact
Goal-oriented Assessments Reimagining
Compliance (RIAs and PIAs) FSSAI

Institutionalisat Third Party


ion of Assessments
Consultative (TPAs)
and Rational
Rule-making

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Thank you

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