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FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA REGULATIONS,2011-IMPACT ON INDIAN FOOD INDUSTRY
1. FOOD SAFETY AND STANDARDS AUTHORITY
OF INDIA REGULATIONS,2011
-IMPACT ON INDIAN FOOD INDUSTRY
BY-
DR. PALLAVI MOUDGIL
PhD SCHOLAR
School of Public Health and Zoonoses
GADVASU, Ludhiana
4. ..
Current legislative requirements put tremendous emphasis
on food hygiene, GMP, HACCP, ISO 22000
Initiatives of GOI are towards promoting a vibrant food-
processing sector in country.
5. .
Most unorganised
players in food
processing industry
do not adhere to
quality standards
resulting in minimal
share in world trade.
Indian food
consumption basket
is diversifying away
from cereals towards
higher value, more
perishable products,
fruits, vegetables,
dairy, meat & fish.
6. .
๏ถ These trends bring increased attention to safety concerns in the
handling, processing and marketing of foods.
7. .
World Health Assembly in 2000 adopted a resolution to improve
food safety with goal of โ
Reducing the health hazards that exist throughout the food
chain from production to consumption.
8. .
๏ถ Indian Gov. too has long been committed to
improve food safety.
๏ถ Until recently, the major priority was to address the serious
challenge of food adulteration under the PFA Act, 1954.
10. FOOD SAFETY AND PUBLIC HEALTH
๏ Today food safety is an important global issue with international
trade and public health implications.
โข It means assurance that food is acceptable for human
consumption according to its intended use.
Food safety refers to
freedom from ill
effects to the
consumer following
food consumption
11. .Ww Why food safety is important?
Unsafe food is a
major public health
issue.
WHO calls it โone of most widespread health
problems & important cause of reduced
economic productivityโ
12. .
๏ถ Safety of food is requirement of public health.
๏ถ Affects health of millions of people worldwide through food borne
illnesses.
๏ถ WHO reported that in year 2005, 1.8 million people died from
diarrheal diseases caused by contaminated food and drinking
water.
13. .
UNICEF estimates that about 1,000 children
below age of five die every day in India due to diarrhea.
Improper
agriculture
practices
Poor
Hygiene
Chemicals
misuse
Contaminat
-ed
inputs
Storage &
handling
14. .
Specific concerns about food hazards are:
Chemical contaminants
Microbiological contaminant
Biological toxins
Pesticide residues
Veterinary drug residues
15. .
Govt. all over world are increasing their efforts to improve food
safety in response to :
Ensuring safety of food has received greater attention in recent
years.
๏ถGrowing number of food safety problems
๏ถ Rising consumers concerns.
16. FOOD LAWS IN INDIA : UNTIL RECENT PAST
Complex web of laws governing food sector which complicate
implementation of food safety measures.
More than 1.2 billion people to feed daily, GOI is focused on
strengthening food security in the country & ensuring that:
Safe Nutritious
17. .
Food safety in India was a shared responsibility among a number
of Ministries and Departments.
Law Ministry
Prevention of Food Adulteration
Act 1954
Ministry of Health and Family
Welfare
Milk and Milk Products Order 1992 Ministry of Agriculture
Agricultural Produce Grading and
Marking Act 1937
Ministry of Agriculture
Essential Commodities Act 1955 Ministry of Food, Consumer Affairs
and Public Distribution
Standards of Weights and
Measures Act 1976
Ministry of Food, Consumer Affairs
and Public Distribution
18. .
Bureau of Indian Standards
Act 1986
Ministry of Food, Consumer
Affairs and Public Distribution
Fruit Products Order 1955 Ministry of Food Processing
Industries
Import and export regulations Ministry of Commerce
19. .
These laws also authorize several agencies to lay down standards
for food products.
21. .
๏ถ These laws and associated regulations in some cases prescribe
contradictory or differing standards.
FPO allows the use of artificial sweeteners in fruit
products, PFA Act bans it.
22. .
Mandatory declaration labels required by PFA differ from those
of Packaged Commodity Rules (1977) under Standards of
Weights & Measures Act.
Emulsifier & stabilizers permitted for use in processed foods under
PFA differ from those allowed under FPO.
23. NEED FOR FOOD SAFETY ACT
๏ถ Multiplicity of food laws
๏ผ Introduced to complement and supplement each other in
achieving total food safety and quality .
๏ผ Prescribed its set of rules and standards often creating a
confusing and sometimes contradictory environment for industry
๏ถ It lacked in scientific base.
๏ถ Lack of awareness among consumers.
24. Food safety and standards act-2006:
National food control system
Effective & comprehensive systems with science-based food law &
regulations which responds to needs of food safety management.
Central, State and
local authorities have
complementary and
interdependent roles
in implementation of
national food safety
system
Protecting
consumers
25. .
System must:
Ensure only safe & wholesome foods are marketed
Empower authorities to detect sources of
contamination
Prevent contaminated foods from reaching
consumers
To be transparent and promote public confidence
.
26. . To achieve these goals, Food Safety and Standards Act received
the assent of the Honโble President of India on 23rd August,
2006 in the form of :
27. . Ministry of food processing industries had piloted:
28. .
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.
29. .
๏ถ FSSAI is autonomous statutory Authority set up under Food
Safety and Standards Act, 2006 .
๏ถ Act aims to establish a single reference point for all matters
relating to food safety and standards:
Multi level, multi-
departmental control to single
line of command
30. .
Ministry of Health & Family Welfare is administrative ministry for
the implementation of Food safety and standards act.
Ministry of Health
and Family Welfare
31. .
Food Safety and Standards Act-2006 formally repeals
re regulatory framework established by :
Prevention of Food Adulteration Act, 1954
Fruit Products Order, 1955
Meat Food Products Order, 1973
Vegetable Oil Products Order, 1947
Edible Oils Packaging Order, 1988
Solvent Extracted Oil, De-oiled Meal and Edible Flour
Order, 1967
Milk and Milk Products Order, 1992
Essential Commodities Act, 1955
32. .
.
๏ง Act does not eliminate the regulatory authorities
๏ง As a result, Indiaโs food law is governed by a single regulator, the
FSSAI.
Combines them under a single authority with minor revisions,
adding key provisions to further strengthen implementation.
33. .
Benefits of implementation of Act are:
๏ถ Unification of eight laws.
๏ถ Hope for stronger implementation that will control corruption.
๏ถ Anticipation of science based standards.
34. SALIENT FEATURES OF FOOD SAFETY
STANDARDS ACT,2006 & IMPACT ON INDIAN
FOOD INDUSTRY
Incorporates salient provisions of PFA Act, 1954 & is based on
international legislations, instrumentalities and Codex
Alimentarius Commission.
35. .
๏ To create an enabling environment for value addition to primary
agricultural produce.
๏ To bring innovation & creativity & rapid development of food
processing industries in an integrated manner.
๏ Ensuring a high degree of objectivity and
transparency.
๏ To achieve high degree of consumer confidence in
quality & safety of food.
36. .
๏ Ac
๏ถ Act aims to establish a single platform for all matters relating to
food safety and standards.
๏ถ Act prohibits advertisements which are misleading & against
provisions of this Act, and prohibits unfair trade practices
๏ถ All imports of articles of food are subject
to this Act.
37. .
๏ถ Act impose responsibility on food business operator to ensure
that articles of food satisfy requirements of at all stages of
production, processing, import, distribution and sale.
๏ถ Act also imposes certain liabilities if an article of food fails to
meet the requirements of this Act.
38. . ๏ถ Act compels licensing and registration of food business.
Small business operators and temporary stall holders are
exempted from license .
๏ถ Act makes provision for penalties, where offenders is punished
with a fine, and more serious offences with imprisonment.
39. .
Regulatory scenario for Food Processing Industries in India is fast
changing with introduction of Act.
Indian food industry has been closely following this Bill with a
keen interest.
This will definitely bring synergy in technical and regulatory
matters and substantially reduce the transaction costs imposed
on Industry.
40. . FSSAI is responsible for fruits, meat, milk products, cereals
processed foods, novel foods etc.
New regulations stipulate that food business operators, who can be:
โfood processor, manufacturer, exporter, or importerโ, โshall
ensure that the food meets all the standards laid under the
FSSAIโs Food Safety and Standards Regulations 2010.โ
41. .
๏ถ Importers are required to hold a valid FSSAI license, to conduct
business in India. Indian exporters must also be licensed.
๏ถ Foreign companies that export food products to India do not need
an FSSAI license.
42. .
๏ถ Effective implementation of Act in right spirit will help in end of
inspector-raj & speedy & fair resolution of cases and disputes.
๏ถ Because of implementation of Act there is opportunity for removal
of existing anomalies during rule framing.
43. .
FSSAI will carry out scientific studies, further food standards
would be based on sufficient and sound scientific basis.
Harmonization of standards with international regulations will
enable manufacturers to compete better in international markets.
Increased participation of technical experts, research
institutes and laboratories from the field of food.
44. .
.
Incorporation of foods for special dietary uses or
nutraceuticals or functional foods or health supplements is a
category that has been specifically defined in the Act.
Clarity and uniformity in area of novel foods would enable
business plan formation to manufacture & market these
products.
45. .
Implementation of Act is anticipated to facilitate and promote
development of new products thus enabling the growth of
industry.
In general, food industry will be benefited by Act & look forward
to its effective implementation.
46. .
. Presently, such type of authority is in enforcement across
the globe:
New Zealand Food Safety Authority
Korea Food & Drug Administration
UK Food Safety Authority
US- Food & Drug Administration
European Food Safety Authority
Philippines National Food Authority
Thailand Food & Drug Administration
47. .
FSS ACT, 2006: NEED OF EFFECTIVE SURVEILLANCE AND
MONITORING SYSTEM UNDER THE NEW FOOD CONTROL
SYSTEM
๏ผ Indiaโs potential to acquire a higher share in increasing world
food trade & advent of SPS Agreement under WTO have lead to
increasing recognition & adoption of food safety measures.
๏ผ Capacity of India to penetrate world markets depends on its
ability to meet increasingly stringent food safety standards
imposed by developed countries.
48. .
.
Food Authority:
๏ผ Set standards and limits for contaminants.
๏ผ Prescribe labelling requirements
๏ผ Indicate methods of analysis
๏ผ Set out guidelines for accreditation of laboratories
๏ผ Conduct surveys
๏ผ Maintain data
๏ผ Organize training programs.
49. . For setting standards, Food Authority will require information and
data.
These decisions have to be taken with the help of:
๏ผ Natural databases of hazards
in food
๏ผ Testing of food for chemical &
biological agents
๏ผ Dietary intake surveys
๏ผ Epidemiological surveys of
consumers population
๏ผ Investigations of food borne
disease outbreaks.
50. .
There is no regular programs for monitoring contaminants in food
supply in country.
MOHFW and MOA have conducted occasional monitoring programs
for evaluating pesticides residues, heavy metals and aflatoxin
status in agricultural commodities, milk and marine products.
51. .
Some evaluation of likely intake of contaminants is possible,
taking daily intake of food ingredients by exposed people and
content of contaminants in these ingredients.
On the basis of this preliminary analysis, several pesticides were
banned for use in agriculture.
52. .
This effort was not sufficient to provide a full picture of countryโs
situation, nor does it provide sufficient basis for government to
make sound and long lasting measures to prevent food
contaminants from reaching the consumer.
It also lacks conformity with international requirements.
53. .
.
It is necessary that data currently available with research institute
are pooled together, after proper investigation, to form an initial
data base which can be enriched with subsequent survey results.
54. KEY ISSUES & ANTICIPATED
IMPLEMENTATION PROBLEMS
๏ถ Organised as well as unorganised food sectors are required to
follow same food law. Small & medium scale industries find
difficulty to identify procedural & compliance changes brought by
act.
๏ถ Bill excludes animal feed plants prior to harvesting and. Thus, it
does not control entry of pesticides and antibiotics into the food
at its source.
55. .
๏ถ Power to suspend license of any food operator is given to a local
level officer. This offers scope for harassment and corruption.
๏ถ Majority of laboratories in India do not have accreditation & only
few laboratories are fully equipped to cater the domestic & export
regulatory testing needs of food industry.
56. .
๏ถ State governments have to bear the cost of implementing new
law. However, the financial memorandum does not estimate these
costs.
๏ถ It is responsibility of person manufacturing food to ensure that he
uses water of adequate quality even when tap water does not
meet required safety standards.
57. .
๏ถ Act will introduce huge penalties defined for various deviations
and non compliances as compared to PFA regulations.
58. CONCLUSIONS
๏ถ Changed economic scenario under WTO holds great potential for
Indian food industry after proper & spirit implementation of Food
Safety and Standard Act, 2006.
๏ถ Act will boost changing global production & processing scenario
under prevailing WTO regime, by conforming to national &
international standards, by adhering to SPS regulations for
smooth international trade.
59. .
๏ถ Indian Standards on food and food products are need to be
revised and upgraded taking into consideration technological
developments in food processing & food analysis.
๏ถ Up-gradation of national standards to present level and further
timely improvement will bridge the gap to face emerging
challenge in the export of Indian food and food products.