Food Safety and Standards Authority of India

Last updated

Food Safety and Standards Authority of India
FSSAI logo.png
Regulatory authority overview
Formed5 September 2008 (5 September 2008) [1]
JurisdictionIndia
Headquarters New Delhi
Regulatory authority executives
Parent Regulatory authority Ministry of Health & Family Welfare, Government of India
Website www.fssai.gov.in

The Food Safety and Standards Authority of India (FSSAI) is a statutory body under the administration of the Ministry of Health and Family Welfare, Government of India. It regulates the manufacture, storage, distribution, sale, and import of food articles, while also establishing standards to ensure food safety. [4] The FSSAI was established by the Food Safety and Standards Act, 2006, which consolidated all former acts and orders related to food safety that were previously handled by various ministries and departments. [5] [4]

Contents

The FSSAI has its headquarters at New Delhi. The authority also has four regional offices located in Delhi, Mumbai, Kolkata, and Chennai. [6] There are 22 referral laboratories notified by FSSAI, 72 State/UT laboratories located throughout India and 112 laboratories are NABL accredited private laboratories notified by FSSAI. [7] [8] The FSSAI is headed by a non-executive chairperson, appointed by the central government, either holding or has held the position of not below the rank of Secretary to the Government of India. [9] Sudhansh Pant is the current chairperson for FSSAI and Ganji Kamala V. Rao is the current chief executive officer for FSSAI. [10] The FSSAI provisions are enforced by Food Safety Officers.

In 2021, with the aim of benefitting industries involved in manufacturing, handling, packaging and selling of food items, FSSAI decided to grant perpetual licenses to restaurants and food manufacturers on the condition that they file their returns every year. [11] Food Safety and Standards Authority of India License or Registration is required for any food business in India that manufactures, stores, transports, or distributes food. Depending on the size and nature of the company, FSSAI registration or license may be required.

History

FSSAI was established on 5 September 2008 under Food Safety and Standards Act, 2006 which was operationalized in year 2006. The FSSAI consists of a chairperson & 22 members. The FSSAI is responsible for setting standards for food so that there is one body to deal with and no confusion in the minds of consumers, traders, manufacturers, and investors. [12] [13] Ministry of Health & Family Welfare, Government of India is the Administrative Ministry of Food Safety and Standards Authority of India. [14] [15] The following are the statutory powers that the FSS Act, 2006 gives to the Food Safety and Standards Authority of India (FSSAI). [16]

  1. Framing of regulations to lay down food safety standards
  2. Laying down guidelines for accreditation of laboratories for food testing
  3. Providing scientific advice and technical support to the Central Government
  4. Contributing to the development of international technical standards in food
  5. Collecting and collating data regarding food consumption, contamination, emerging risks, etc.
  6. Disseminating information and promoting awareness about food safety and nutrition in India.

Location

FSSAI is located in 4 regions [17]

  1. Northern Region – With regional office at Ghaziabad.
  2. Eastern Region - With regional office at Kolkata
  3. Western region - With regional office at Mumbai
  4. Southern Region - With regional office at Chennai

Regulatory framework

The Food Safety and Standards Authority of India is a statutory body under Food Safety and Standards Act, 2006. The Food Safety and Standards Act (FSS), 2006 is the primary law for the regulation of food products. This act also sets up the formulation and enforcement of food safety standards in India. The FSSAI appoints food safety authorities on the state level. [18]

The FSSAI functions under the administrative control of the Ministry of Health and Family Welfare. [19] The main aim of FSSAI is to

  1. Lay down science-based standards for articles on food
  2. To regulate the manufacture, storage, distribution, import, and sale of food
  3. To facilitate the safety of food

The FSS Act is a bucket for all the older laws, rules and regulations for food safety. The FSS Act took 7 older acts into one umbrella.

  1. Prevention of Food Adulteration Act, 1954 Archived 15 December 2017 at the Wayback Machine [20]
  2. Fruit Products Order, 1955 Archived 6 February 2018 at the Wayback Machine [21]
  3. Meat Food Products Order, 1973 [22]
  4. Vegetable Oil Products (Control) Order, 1947 Archived 27 January 2018 at the Wayback Machine
  5. Edible Oils Packaging (Regulation) Order 1998 Archived 6 February 2018 at the Wayback Machine [23]
  6. Solvent Extracted Oil, De- Oiled Meal and Edible Flour (Control) Order, 1967 Archived 6 February 2018 at the Wayback Machine [24]
  7. Milk and Milk Products Order, 1992 Archived 6 February 2018 at the Wayback Machine . [25]

Departments [26]

  1. SCIENCE & STANDARDS DIVISION (I & II)
  2. REGULATIONS DIVISION
  3. QUALITY ASSURANCE DIVISION (I & II)
  4. REGULATORY COMPLIANCE DIVISION
  5. HUMAN RESOURCE & FINANCE DIVISION
  6. GENERAL ADMINISTRATION AND POLICY COORDINATION DIVISION
  7. INFORMATION TECHNOLOGY DIVISION
  8. SOCIAL AND BEHAVIOURAL CHANGE DIVISION
  9. TRADE AND INTERNATIONAL COOPERATION DIVISION
  10. TRAINING DIVISION
  11. RAJBHASHA

Research and quality assurance

Research

FSSAI has set certain guidelines for food safety research. The Research and Development division is responsible for research with the following objectives:

  1. Generate new knowledge that would help in continuously updating and upgrading food safety standards that are compatible with international organizations
  2. Carry out evidence-based studies for improving or building Rules and regulations.

Quality Assurance

FSSAI has been mandated to perform various functions related to the quality and standards of food and drinks . These functions in addition to others include "Laying down procedure and guidelines for notification of the accredited laboratories as per ISO17025." [27] The FSSAI notified laboratories that are classified as:

  1. FSSAI Notified NABL Accredited Labs - 112 [28]
  2. State Labs - 72
  3. Referral Labs - 22 [29]

Standards

Standards framed by FSSAI are prescribed under Food Safety and Standards (Food Product Standards and Food Additives) Regulation, 2011, Food Safety and Standards (Packaging and Labelling) Regulation, 2011 and Food Safety and Standards (Contaminants, Toxins, and Residues) Regulations, 2011.

The FSSAI has prescribed standards for the following:

The development of standards is a dynamic process based on the latest developments in food science, food consumption pattern, new food products, and additives, changes in the processing technology leading to changed specifications, advancements in food analytical methods, and identification of new risks or other regulatory options.

Formulation of standards of any article of food under the Food Safety and Standards Act 2006, involves several stages. After consideration by the Food Authority, the draft standard is published (Draft notified), for inviting stakeholder comments. Since India is a signatory to the WTO-SPS Committee, Draft Standard is also notified in WTO. Thereafter, taking into account the comments received from the stakeholders, the Standard is finalized and notified in the Gazette of India, and implemented. [32]

Enforcement

Food Safety Officers are responsible for enforcing and executing the provisions of the Food Safety and Standards Act, 2006 within their designated areas. The Commissioner of Food Safety and Designated Officer have the authority to exercise the same powers as Food Safety Officers. [33]

Food Safety Officers possess the right to enter and inspect any place where food articles are manufactured, stored, or exhibited for commercial purposes. They are authorized to collect samples for analysis by a Food Analyst. The authority of a Food Safety Officer to enter and inspect premises is equal to that of a police officer equipped with a search warrant under the Code of Criminal Procedure (CrPC). [34] They can issue registrations to food business operators. [35]

Consumer outreach

Consumers can connect to FSSAI through various channels. A GAMA portal for concerns regarding misleading claims and advertisements too is operated. [36]

Applicable FSSAI License

FSSAI issues three types of license based on the nature of the food business and turnover:

Other criteria like the location of the business, number of retail stores, etc. are needed while evaluating the nature of the license application.

Projects

In 2009 the FSSAI instigated a pilot project Safe Food, Tasty Food to improve the safety and quality of food being served at restaurants and other outlets, implementing agencies being local municipal authorities and industry associations (FICCI, CII, AIFPA and NRAI). [37]

State Food Safety Index (SFSI)

The State Food Safety Index (SFSI), was developed in 2018 in collaboration with the FSSAI. The SFSI was created to motivate the States and Union Territories to improve their performance and work towards establishing an appropriate food safety ecosystem. [38]

Reception

According to a survey conducted over 24,000 people across 293 districts of India, 73% indicated little to no confidence in the effectiveness of agencies such as FSSAI and state food regulators in ensuring food safety. [39]

Controversies

Fatal health issues and regulatory negligence

There have been concerns raised by regulators in the European Union, Singapore, Hong Kong, and the United States about certain Indian food products and spices. [40] The main issue is related to contamination in well-known brands such as MDH and Everest. Between 2019 and 2024, the European Union flagged over 400 high-quality products from India for adulteration. [40] The spices were found to contain heavy metals such as lead, mercury, and cadmium, as well as pesticides and fungicides at levels that were over permissible limits. [40] [41]

In addition, ethylene oxide, a cancer-causing chemical, was discovered in roughly 527 Indian products by EU countries. [42] The toxic heavy metal lead, which harms the kidneys, brain, and nervous system, was discovered in 14 various products, including turmeric powder and ayurvedic medicines. [42] [43] It’s important to note that the Indian authorities are responding with comprehensive quality checks and exploring safer sterilization methods. This incident underscores the urgent need for stringent food safety measures and global cooperation to safeguard public health. [40]

See also

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