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FOOD SAFETY AND

STANDARDS ACT, 2006


FOOD SAFETY LEGISLATION - the need

Issues with existing regulatory regime-


Nine different laws and eight different
ministries governing the food sector
Laws framed by different Ministries/Depts.
With different perspective and enforcement
approach
Overlapping laws with different quality
standards & labelling requirements

Need for new law-


Removal of multiple regulations
Harmonizing with international law
Framing regulatory requirements based on
science and risk analysis
Facilitating trade without compromising
Caught in the Web ???
Export (Quality Control &
Prevention of Food Adulteration Act
Inspection) Act
1954 and Rules Department of Commerce
Department of Health Ministry of Commerce & Industry
Ministry of Health and Family Welfare

Fruit Products Order Meat Products Order


Ministry of Food
Ministry of Food
Processing Industries
Processing Industries

INDIAN
Milk and Milk Products Order FOOD LAWS Agricultural Produce
Department of Animal Husbandry (Grading & Marketing) Act
Ministry of Agriculture 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
THE ACT
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.
Prevention of Food Adulteration Act, 1954

Fruit Products Order, 1955

Meat Food Products Order, 1973

Vegetable Oil Products (Control) Order, 1947

Edible Oils Packaging (Regulation) Order, 1988,

Solvent Extracted Oil, De-oiled Meal and Edible Flour


(Control) Order, 1967

Milk and Milk Products Order, 1992

Any order under Essential Commodities Act, 1955


SALIENT FEATURE OF THE 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;
Science based standards
Proprietary food, novel
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
FUNCTIONS OF AUTHORITY (SEC 16)

To regulate, monitor the manufacture,
processing, distribution, sale and import of food
to ensure its safety and wholesomeness.
To specify standards, guidelines for food articles
Limits for Food additives, contaminants,
veterinary drugs, heavy metals, mycotoxin,
irradiation of food, processing aids.
Mechanisms & guidelines for accreditation of
certification bodies engaged in FSMS certification
Quality control of imported food
Specify food labeling standards including claims
on health, Nutrition, special dietary uses & food
ENFORCEMENT OF THE ACT.

Offences:
Causing food to be injurious
Abstracting any constituent
Deliberate adulteration
Nonconformance in Label
information etc.,
ENFORCEMENT OF THE ACT.

Penalties:
Substandard food: Upto Rs. 2.00 lakhs
Misbranded: Upto Rs. 3.00 lakhs
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
Penalties:
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
Ensure that only safe and wholesome foods are
marketed,
Take decisions based on science
Empower authorities to detect sources of
contamination and to take action to prevent
contaminated foods from reaching the consumer
enforce Internationally accepted standards for food
and food commodities,
enforce compliance by manufacturers, distributors,
importers, exporters and other stakeholders and
be transparent and promote public confidence.
CASE: NESTLE vs FSSAI
MSG was detected in a
sample of Maggi noodles that
carried a No added MSG
claim on the pack.
Nestl India states it does not
add MSG to Maggi noodles
and requests a second sample
to be sent
Government laboratory in
Kolkata says it has detected
lead levels above permissible
limits and the presence of
MSG in its sample of Maggi
noodles.
Nestl India files a legal
petition with the Bombay
Nestl India files a legal petition with the Bombay High Court,
seeking a judicial review of this order.

High Court, seeking a


Nestlle claimed that the government laboratories that tested Maggi
noodles for lead on behalf of the FSSAI and some Indian state FDAs
judicial review of this
(food and drug administration) - were not accredited for lead testing.
Tests by food standards authorities in six countries USA, Canada,
order.
UK, Australia, New Zealand and Singapore also found Indian-made
Maggi noodles safe for consumption.

The government
On 13 August 2015 The Bombay High Court overturns the
governments ban on Maggi noodles, arguing that the move was
laboratories that tested
arbitrary and that principles of natural justice were not
followed.The court rules that Nestl India can bring the product

Maggi noodles for lead


back to the market if fresh tests conducted in three accredited
laboratories on the existing samples and subsequently on the freshly
manufactured product find the product safe.
on behalf of the FSSAI and
some Indian state FDAs