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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
perspectiveand enforcement approach
Overlapping laws with different quality standards & labelling
requirements
Need for new law-
Removal of multipleregulations
Harmonizing with international law
Framing regulatory requirements based on science and risk
analysis
Facilitating trade without compromising consumer safety and
bringing in innovation in foods
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Requirement of Regulations in Food
Supply Chain…
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 Food Safety and Standard Act, 2006
 Food Safety and Standard Rules, 2011
 Food Safety and Standards(Licensing and Registration of
Foood Businesses), Regulations, 2011
 Food safety and standards (packaging and labelling) regulations, 2011
 Food safety and standards (food products standards and food additives)
regulations, 2011 part I and II
 Food safety and standards (prohibition and restrictions on sales) regulations,
2011
 Food safety and standards (contaminants, toxins and residues) regulations,
2011
 Food safety and standards (laboratory and sample analysis) regulations, 2011
The new Act, Rules and Regulations
w.r.t. 5/8/11
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• 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
standardsfor articlesof food and to regulatetheir
for human consumption and for matters connected therewith
or incidental thereto.
The Act...
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• TheAct comprisesof following actsand regulations:
The Act (Contd…)
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 To consolidatethelawsrelating to food.
 To establish food safety and standards authority of
India for laying down science based standards for
food.
 To regulate the manufacture, storage, distribution,
sale& import of food products.
 To ensure availability of safe & whole food for
human consumption.
Objectives of FSSAI…
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• Multiplication of food regulations/multi-level and multi-department
control for all matters relating to Food Safety and Standards,
Regulationsand Enforcement.
New additions to the act:
• Movement of multilevel control and Provision of single window to
guide and regulate–manufacture, marketing, processing, handling,
transportation, import and saleof food.
• Integrated response to address the Strategic issues viz., Novel foods,
Health Foods, Nutraceuticals, GM foods, International tradeetc.
Salient feature of the Act….
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• Enforcement of the legislation by the State
Governments/ UTs through the State Commissioner &
the officers for Food Safety, and
PanchayatiRaj/Municipal bodies.
• Consistency between domestic and international food
policy measures without reducing safeguards to public
health and consumer protection.
• Dissemination of information on food–enableconsumer
to makeinformed choices.
Salient feature of the Act
(Contd…)
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• To ensure that all food meets consumers’
expectations in terms of nature, substance and
quality and isnot misleadingly presents.
• To provide legal powers and specify offences in
relation to public health and consumers’ interest.
New enforcement structure:
• To expeditethedisposal of cases-compounding and
adjudication of cases–to reduceCourt’sworkload.
• Graded penalty/punishment depending upon the
gravity of offence.
Salient feature of the Act
(Contd…)
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• 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 mattersof food safety.
• The Food Safety & Standards Authority of India is the
principal Government Authority responsible for preparing
specific regulationsunder theAct.
Scope of the Act…
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 To regulate, monitor the manufacture, processing, distribution, sale and
import of food to ensureitssafety and wholesomeness.
 To specify standards, guidelinesfor 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 FSMScertification.
 Quality control of imported food.
 Specify food labeling standards including claims on health, Nutrition,
special dietary uses& food category systems.
 Scientific adviceand technical support to central / stategovernments.
Functions of Authority…
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Food safety management system
Risk assessment
Communication
Product recall
GHP
Penalty for unhygienic processing
Scopecoversall commercial food
Packaging & labelling including nutrition
Guidelinesfor imported food
Key Elements of FSSAI2006…
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The12 chaptersof FSSA 2006 are
1. Preliminary : Definitions
2. FSSAI : (Administration)
3. General principlesof Food Safety
4. General Provisionsasto articlesof food
5. Provisionsrelating to import
6. Special responsibilitiesasto food safety
7. Enforcement of theAct
8. Analysisof food : laboratories, sampling & public analysts
9. Offences& Penalties
10. Adjudication & food safety appellatetribunal
11. Finance, accounts, audits, reports
12. Miscellaneous
FSSAI2006…
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Who Require License:
License /Renewal of license underFSSA,
2006 forkind of business:
Manufacturing/Processing
including sorting, grading
etc.
 Packaging
Relabeling ( by third party
under own packing and
labeling)
Storage/Warehouse/Cold
Storage
 Retail Trade
 WholesaleTrade
 Distributor/Supplier
Transporter of
food
Milk collection/chilling
Slaughter House
Solvent extracting unit
Solvent extracting and oil-
refining plant
Importing
Catering, dhabaor any other
food vending -establishment
 Club /canteen
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Licensing and Registration of food
Business….
Registering
Authority
Registering
Authority
Food Safety Officer or
any official in
Panchayat, Municipal
Corporation or any
other local body in an
area, notified as such
by the State Food
Safety Commissioner
for the purpose of
registration.
Food Safety Officer or
any official in
Panchayat, Municipal
Corporation or any
other local body in an
area, notified as such
by the State Food
Safety Commissioner
for the purpose of
registration.
State
Licensing
Authority
State
Licensing
Authority
Designated Officers
appointed under
Section 36(1) of the
Act by the Food
Safety Commissioner
of a State or UT for
the purpose of
licensing and
monitoring.
Designated Officers
appointed under
Section 36(1) of the
Act by the Food
Safety Commissioner
of a State or UT for
the purpose of
licensing and
monitoring.
Central
Licensing
Authority
Central
Licensing
Authority
Designated Officer
appointed by the
Chief Executive
Officer of the FSSAI
in his capacity of
Food Safety
Commissioner.
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Licensing and Registration of food Business
(Contd…)
CHIEF EXECUTIVE OFFICER,
FSSAI
STATE GOVERNMENT
COMMISSIONER OF
FOOD SAFETY
STATES/UT
CENTRAL
LICENSING
AUTHORITY
REGISTRATION
AUTHORITY
•City municipal
corporation,
• Town Panchayat,
• Gram Panchayat
•City municipal
corporation,
• Town Panchayat,
• Gram Panchayat
LICENSING
AUTHORITY
FOOD SAFETY OFFICER
(for Inspection and Monitoring
Food Businessoperators)
DESIGNATED OFFICER
LICENSING
AUTHORITY
FSSAI
Head Quarters
(Licensing)
ZONAL
DIRECTORS &
OTHER
OFFICERS(for
inspections&
Monitoring)
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Adjudicating Officer of theStategovt.
 To imposepenalty for offences
 Shall havethepowersof civil court
Central / Stategovts. to establish oneor more
tribunalsto attend to appeals
 Onemember tribunal called Presiding Officer
(District Judge)
 Power to establish special courtsfor expedient
hearing for offencesrelating to grievousinjury or
death
Enforcement of the Act…
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APPELATE
TRIBUNAL
FOODSAFETY
COMMISSIONER
FOODSAFETY
OFFICER
ACCREDITEDLAB
REFERALLAB
FOODANALYST
DESIGNATED
OFFICER
ADJUDICATING
OFFICER
SPECIAL
COURT
Regulatory enforcement at State…
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• Penalties:
Enforcement of the Act (Contd…)
 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 lakh06/23/15 20

 ensuresthat only safeand wholesomefoodsaremarketed.
 takedecisionsbased on science.
 empowers authorities to detect sources of contamination
and to take action to prevent contaminated foods from
reaching theconsumer.
 enforce Internationally accepted standards for food and
food commodities.
 enforce compliance by manufacturers, distributors,
importers, exportersand other stakeholdersand
 should betransparent and promotepublic confidence.
Summary
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www.wikipedia.com
"Food Safety and Standards Authority of India
(FSSAI)”, Food Safety and Standards Authority of
India, Government of India. Retrieved 2 April 2012.
 Section 5(3) of the Food Safety and Standards Act,
2006.
"Enforcement of FSS Act“, FSSAI. Retrieved 2
April 2012.
www. slideshare.net
References
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THANK YOU...
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