FOOD

The food sector in India is governed by a multiplicity of laws under different Ministries. The Food Safety and Standards Act, 2006 addresses the need for a single regulatory body and an integrated food law in order to systematically and scientifically develop the food processing industry. The Act aims at providing science-based standards for articles of food and regulate their manufacture, storage, distribution, sale and import. The Act incorporates the salient provisions of the Prevention of Food Adulteration Act 1954 and is based on international legislations, instrumentalities and Codex Alimentarius Commission. The new law has repealed at least 8 contradicting and overlapping laws in the country.

This ‘‘integrated food law’’ will deal with all packaged and processed food. Infant food, packaged drinking water, alcoholic drink, chewing gum, any substance including water used in food during its manufacture, preparation or treatment are within the scope of ‘food’ as defined in the Act. Animal feed, live animals unless they are prepared or processed for placing on the market for human consumption, plants prior to harvesting, drug and medicinal products, cosmetics, narcotics and psychotropic substances are outside the purview of the legislation.

The Act prohibits the use of food additives, processing aid, contaminants, heavy metals, insecticides, pesticides, veterinary drugs residue, antibiotic residues, or solvent residues unless they are in accordance with specified regulations. Certain food items such as irradiated food, genetically modified food, organic food, health supplements and proprietary food cannot be manufactured, processed or sold without adhering to specific regulations. The Act makes it mandatory for the distributor of a food article to identify the manufacturer and the seller to identify either the manufacturer or the distributor of a food item. Every packaged food product has to be labelled as per regulations in the Act. The packaging and labeling of a food product should not mislead consumers about its quality, quantity or usefulness.

The Act proposes to establish the Food Safety and Standards Authority of India (FSSA), which would lay down scientific standards of food safety and ensure safe and wholesome food. The FSSA would be assisted by a Central Advisory Committee, a Scientific Committee and a number of Scientific Panels in specifying standards. The standards would be enforced by the Commissioner of Food Safety of each state through Designated Officers and Food Safety Officers.   Every food business operator is required to have a licence in order to operate his food business. The Act empowers the FSSA and State Food Safety Authorities to monitor and regulate the food business operators including issuing or canceling licenses, prohibiting sale of food articles that violate specified standards, receiving report and samples of food articles from Food Safety Officers and getting them analyzed. The Act has special provisions for food recall procedures.

There is still ambiguity on who will control it — the Ministry of Food Processing industries or the Ministry of Health And Family Welfare. This decision has been left to the Prime Minister. The drafting of the sub-legislation and the setting up of Food Safety and Standard Authority of India (FSSAI) in couple of months’ time. All legislations dealing with food business in the country will remain enforced till the FSSAI is set up. The Union government will follow the standards set by FSSAI while regulating import of food articles under Foreign Trade (Development and Regulation) Act 1992.