FOOD SAFETY AND STANDARDS ACT, 2006

DR. JITENDRA P DONGARE

 FOOD SAFETY LEGISLATION - the need……

• The safety of food is vital to all consumers and food

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

businesses.
• Consumers must have confidence that the food they
buy and eat will be what they expect,
• Food will do them no harm and that they are
protected from adulteration/fraud. The importance of
this confidence cannot be underestimated for
businesses.
• Although food safety legislation affects everyone in
the country, it is particularly relevant to anyone
working in the production, processing, storage,
distribution and sale of food, no matter how large or
small the business. This includes non-profit making
organisations also.
 REQUIRMENT OF REGULATIONS IN FOOD SUPPLY CHAIN

Vehicle
emission
Crops Processing

Agricultural
practices
Livestock Cooking
Storage Retail

Landfills

Seafood Distribution
Industrial emissions
and effluents
 THE ACT……………

The Food Safety & Standards Act 2006 is Act to consolidate the
laws relating to food and to establish the Food Safety and
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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 relating to food.

 SALIENT FEATURE OF THE ACT……………

Movement from multi-level and multi-department control to

a single line of command
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

FSSAI as a single reference point for all matters relating to

Food Safety and Standards, Regulations and Enforcement

Integrated response to strategic issues like Novel foods,

Health Foods, Nutraceuticals, GM foods, international trade
etc.

Decentralisation of licensing for manufacture of 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
 SALIENT FEATURE OF THE ACT……………

Enforcement of the legislation by the State Governments/

UTs through the State Commissioner for Food Safety, his
officers and Panchayati Raj/Municipal bodies
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

Emphasis on gradual shift from regulatory regime to self

compliance through food safety management system.

Consistency between domestic and international food policy

measures without reducing safeguards to public health and
consumer protection

Adequate information dissemination on food to enable

consumer to make informed choices.

Compounding and Adjudication of cases – to reduce Court’s

workload and expedite the disposal of cases

Graded penalty depending upon the gravity of offences

 NEW PROVISIONS UNDER THE ACT……………

Regulation of food imported in the country

Provision for food recall

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

Surveillance

New enforcement structure

Envisages large network of food labs

New justice dispensation system for fast track

disposal of cases

Harmonisation of domestic standards with

international food standards

Covering Health Foods, supplements,

nutraceuticals
 NEW PROVISIONS UNDER THE ACT……………

Issuing Licenses within a time frame of 2 months

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

Provision of Improvement Notice by Designated

Officers

Compensation to Victims (for any case of Injury/

Grievous injury/ Death)

Reward to informer (informing about the violators –

adulteration etc.) by State Govt.

No License for small food business operators; only

registration is mandatory

Central licensing from Authority.

 SCOPE OF THE ACT……………

The Act covers activities throughout the food

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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.
 THE ACT…in a nutshell

•The Act, inter alia, incorporates the salient provisions

of the PFA Act, 1954 and is based on international
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

legislations and instrumentalities.

•In a nutshell, the Act takes care of international
practices and envisages a overreaching policy
framework and provision of single window to guide and
regulate persons engaged in manufacture, marketing,
processing, handling, transportation, import and sale of
food.
•The Act is contemporary, comprehensive and intends
to ensure better consumer safety through Food Safety
Management Systems and setting standards based on
science and transparency as also to meet the dynamic
requirements of Indian Food Trade and Industry and
International trade.
 STRUCTURE FOR IMPLEMENTATION OF ACT…………..

FOOD AUTHORITY
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

State Food Jt. Director Existing

FSSAI HQ Zonal Offices
Safety Dept. (Laboratory) Enforcement

Chief Scientific Commissioner of Chief Food Analyst City/ Municipal

Zonal Directors
Officer Food Safety (Div/Zonal Level) Authorities

Chief Surveillance Designated Officer Food Analyst (Dist.

Other Officers Health Officers
Officer (District Level) Level)

Food Safety Food Inspectors

Chief Enforcement
Officers (Local Health Inspectors
Officer
Area) Sanitary
Inspectors

Chief Product
Approval/ Quality
Assurance

Chief Management
Officer
 PROPOSED STRUCTURE OF ENFORCEMENT AT STATE…….

Food Safety Commissioner

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

Joint Food Safety Commissioner Joint Director

Deputy Food Safety Commissioner Chief Food Analyst

Designated Officer Food Analyst

Senior Food Safety Officer

Food Safety Officer

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA ADJUDICATION AND FOOD SAFETY TRIBUNALS…….

FOOD SAFETY
ADJUDICATING SPECIAL
APPELLET
OFFICER COURTS
TRIBUNAL

State Govt. to notify Central Govt. or

Central Govt. or
Adjudicating Officer State Govt. may
State Govt. may
not below the rank constitute special
notify and establish
of Addl. District courts for trial of
one or more
Magistrate. offences relating
tribunals known as
to grievous injury
Food Safety
or death of the
Appellate Tribunals
consumer
 ROLE OF FSSAI AS PER THE ACT….

Framing of Rules, Regulations, Science based

Standards and guidelines in relation to articles of
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

food

Guidelines for accreditation of certification

bodies/ Laboratories

Scientific advice and technical support to the

Central Government and State Governments in
matters of framing the policy and rules in areas
related to food safety and nutrition

Collect and collate data on food consumption,

Incidence and Prevalence of biological risk,
Contaminants in food, Residues of contaminants
in food and introduction of rapid alert system
 ROLE OF FSSAI AS PER THE ACT….

Creating Information Dissemination Network

across the country about food safety
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

Capacity Building for various stakeholders

Contribute to development of International

Technical Standards for food & Food products,
Sanitary and Phyto-sanitary Standards

Promote general awareness about Food Safety

and Food Standards

Procedure and guidelines for Risk Analysis

methodologies, food safety plans etc.
 SCIENCE BASED STATUS OF AUTHORITY….

COMPOSITION OF AUTHORITY
CHAIRPERSON
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

CHIEF EXECUTIVE OFFICER

EX-OFFICIO MEMBERS (7)
Jt. Secretaries of –
(Ministry of Agriculture, Commerce & Industry,
Consumer affairs, Food Processing Industries, Health
& FW, Law & Justice, Economic Adviser (MSME)
Two representatives of Food Industry (Small & Large
scale)
Two representatives of Consumer organization
Three eminent food Technologists/Scientists
Five representatives of States/UTs
Two representatives of Farmers Organizations
One representative of retailers organization
 SCIENCE BASED STATUS OF AUTHORITY….

CENTRAL ADVISORY COMMITTEE

CHIEF EXECUTIVE OFFICER
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

COMMISSIONERS OF ALL THE STATES/ Uts

REPRESENTATIVES OF FOOD INDUSTRY
AGRICULTURE, CONSUMER, RESEARCH BODIES
&
FOOD LABORATORIES
INVITEES FROM THE CONCERNED MINISTRIES

ROLE

TO ADVISE AUTHORITY ON THE WORK PROGRAMME,

PRIORITIZATION OF WORK, IDENTIFYING POTENTIAL
RISK AND POOLING OF KNOWLEDGE
 SCIENCE BASED STATUS OF AUTHORITY….

SCIENTIFIC PANELS
ON
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

• FUNCTIONAL FOODS, NUTRACEUTICALS, DIETETIC PRODUCTS AND

OTHER SIMILAR PRODUCTS
• METHODS OF SAMPLING AND ANALYSIS
• FOOD ADDITIVES, FLAVOURINGS, PROCESSING AIDS & MATERIALS
IN CONTACT WITH FOOD
• CONTAMINANTS IN THE FOOD CHAIN
• PESTICIDE AND ANTIBIOTIC RESIDUES
• LABELLING AND CLAIMS/ ADVERTISEMENTS
• GENETICALLY MODIFIED ORGANISMS AND FOODS

ROLE

TO PROVIDE SCIENCE BASED ADVISE ON THE ISSUES AND

RECOMMEND SCIENCE BASED STANDARDS
 SCIENCE BASED STATUS OF AUTHORITY….

SCIENTIFIC COMMITTEE
THE CHAIRPERSONS OF THE SCIENTIFIC PANELS
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

TOGETHER WITH
INDEPENDENT SCIENTIFIC EXPERTS WHO ARE NOT PART
OF THE SCIENTIFIC PANELS COMPRISE THE SCIENTIFIC
COMMITTEE

ROLE

This is the main advisory body within the Authority on

matters pertaining to science.
Matters not covered by the Scientific Panels or matters
that overlap due to multi-sectoral implications are to be
dealt with by the Scientific Committee.
 SCIENCE BASED STATUS OF AUTHORITY….

CODEX CELL
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

GUIDELINES FOR PARTICIPATION IN CODEX MEETING

AND PREPERATION OF RESPONSE TO CODEX MATTERS
AND GUIDELINES FOR CODEX CONTACT POINT,
NATIONAL CODEX COMMITTEE AND NATIONAL
SHADOW COMMITTEE HAVE BEEN APPROVED BY THE
FOOD AUTHORITY.

FSSAI WILL HENCEFORTH FUNCTION AS

NATIONAL CODEX CONTACT POINT
 MANDATE OF THE ACT……….

General Principles to be followed in administration of

the Act (section 18)
The Central Government, the State Governments, the
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

Food Authority and other agencies, as the case may be,

while implementing the provisions of this Act shall be
guided by the following principles, namely:-
 Endeavour to achieve an appropriate level of
protection of human life and health and the protection
of consumer’s interests, including fair practices in all
kinds of food trade with reference to food safety
standards and practices;

Carry out risk management which shall include

taking into account the results of risk assessment, and
other factors where the conditions are relevant, in
order to achieve the general objectives of regulations;
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA MANDATE OF THE ACT……….

Contd…..
Where in any specific circumstances, on the basis of
assessment of available information, the possibility of
harmful effects on health is identified but scientific
uncertainty persists, provisional risk management
measures necessary to ensure appropriate level of
health protection may be adopted, pending further
scientific information for a more comprehensive risk
assessment;
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA MANDATE OF THE ACT……….

Contd…..

In case where there are reasonable grounds to

suspect that a food may present a risk for human
health, then, depending on the nature, seriousness
and extent of that risk, the Food Authority and the
Commissioner of Food Safety shall take appropriate
steps to inform the general public of the nature of the
risk to health, identifying to the fullest extent possible
the food or type of food, the risk that it may present,
and the measures which are taken or about to be
taken to prevent, reduce or eliminate that risk;
 MANDATE OF THE ACT……….

Contd…..

Where any food which fails to comply with food

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

safety requirements is part of a batch, lot or

consignment of food of the same class or description,
it shall be presumed until the contrary is proved, that
all of the food in that batch, lot or consignment fails to
comply with those requirements.
 LAST BUT NOT LEAST……….

The food safety regulator’s primary responsibility is to

protect the consumer by ensuring compliance with
food safety laws and regulations, given that the
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

public’s well-being is the ultimate objective of a

national food safety system. Producers and processors,
in contrast, are in business to make a profit and that
priority may well impair their perception of
accountability to society. Therefore, it is also the food
safety regulator’s duty to remind producers and
processors of their responsibility to produce safe
foods. This message can be made more relevant by
explaining to food producers and processors that the
safety of their products not only fulfils their
responsibility towards society – but may also be
determinant in developing their business.
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA