FSSA Regulatory Framework DNV Jevanand Rajaram, Food Safety Lead auditor, DNV j, y,
Food safety authority of India - Notification 2
FSSA Regulatory Framework Need for FSSA Issues with existing regulatory regime Different laws and Different ministries governing the food sector Laws framed by different Ministries / Depts. with different perspective and enforcement approach Overlapping laws with different quality standards & labeling requirements Need for new law Removal of multiple regulations 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 3
FSSA Regulatory Framework FSSA will replace The Prevention of Food Adulteration Act, 1954(37 of 1954). The Fruit Products Order, 1955. The Meat Food Products Order, 1973, The Edible Oils Packaging (Regulation) Order, 1998. The Vegetable Oil Products (Control) Order, 1947. The Milk and Milk Products Order, 1992. The Solvent Extracted Oil, De oiled Meal, and Edible Flour (Control) Order, 1967 Any other order issued under the Essential Commodities Act, 1955 (10 of 1955). relating to food., 4
FSSA Regulatory Framework The Act 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 and for matters connected therewith or incidental thereto 5
Food Authority Of India Composition of the Food Authority (Sec. 5) A Chairperson 22 members (1/3rdshall be women) as follows: 7 members (the rank of Joint Secretaries or above) from the Ministry/ Departments of Agriculture, Commerce, Consumer Affairs, Food Processing, Health, Legislative Affairs, and Small Scale Industries (who willbe ex officio members) 2 Representatives from the Food Industry 2 Representatives from the Consumer Organizations 3 Representatives from the Eminent Food Technologists / Scientists 5 Representatives from the State Governments (SZ) 2 Representatives from the Farmers Organization and 1 Representatives from the Retailers Organization 6
Food Authority Of India Food Authority Duties & Functions (Sec. 16) To regulate, monitor the manufacture, processing, distribution, sale and import of food to ensure its safety and wholesomeness. To specify standards, guidelines for food articles,limits for Food additives, contaminants, veterinary drugs, heavy metals, mycotoxin, antibiotics, irradiation of food, processing aids Mechanisms & guidelines for accreditation of certification bodies engaged in FSMS certification Quality control of imported food Specify food labeling standards including claims on health, nutrition, special dietary uses & food category systems Procedure of Risk Analysis Scientific ifi advice and technical support to central l/ state governments Making opinions of Scientific Committee & Panels - public immediately after adoption 7
FSSA Regulatory Framework Food Safety and Standards Regulations Chapter 1 - Definitions Chapter 2 - Food Authority and Transaction of Business Chapter 3 - Licensing and Registration of Food Businesses Schedule 1 - List of Business falls under the purview of Central Licensing authority Schedule 2 Forms A - Application for Registration / Renewal of Registration Form B - Application for License / Renewal of license with Annexures Schedule 3 Fee for Grant/ Renewal of License / Registration / License Fees 8
FSSA Regulatory Framework Schedule 4 General Hygienic and Sanitary practices to be followed by Food Business operators Part I - Practices to be followed by Petty Food Business operators applying for Registration Part II - Practices to be followed by all Food Business Operators applying for License Part III - Practices to be followed by Food Business Operators engaged in manufacture, processing, storing & selling of Milk and Milk Products Part IV- Practices to be followed by Food Business Operators engaged in manufacture, processing, storing & selling of Meat and Meat Products Part V- Practices to be followed by Food Business Operators engaged in catering / food service establishments 9
FSSA Regulatory Framework Chapter 4 Packaging and Labelling Regulations Part 4.1 Packaging Part 4.2 Labelling Part 4.3 Manner of Declaration Part 4.4 Specific Requirements/ Restrictions on manner of labelling Part 4.5 Restriction on advertisement Part 4.6 Exemptions from labelling requirements Part 4.7 Notice of addition, admixture or deficiency in food 10
FSSA Regulatory Framework Chapter 5 Food Product Standards Part 5.1 Dairy products and analogues Part 5.2 Fats, oils and fat emulsions Part 5.3 Fruits and Vegetable Products Part 5.4 Cereal and Cereal Products Part 5.5 Meat and Meat Products Part 5.6 Fish and Fish Products Part 5.7 Sweeteners including honey Part 5.8 Salt, Spices, Condiments and related products Part 5.9 Beverages (Other than Dairy and Fruits & Vegetable based Part 5.10 Other Food products and Ingredients Part 5.11 Proprietary Foods Part 5.12 Irradiation of Food 11
FSSA Regulatory Framework Chapter 6 Substances added to Food - Food Additives & Standards of Additives Chapter 7 Prohibition and Regulation of Sales - Sale of certain admixtures prohibited,restriction on use of certain ingredients, Prohibition and Restriction on sale of certain products Chapter 8 Contaminants, Toxins and Residues, - Metal Contaminants,Crop Contaminants and Naturally Occurring Toxic Substances & Residues Chapter 9 Laboratory and Sample Analysis - Referral Laboratory Chapter 10 Others - Appendix A - Limits of Food Additives - Appendix B - Microbiological Requirements - Appendix C - Forms 12
Enforcement of the Act Authorities responsible for enforcement (Sec. 29) Food Authority and State Food Authorities are responsible for enforcement State govt. : Commissioner of Food Safety for stat Commissioner of Food Safety (Sec. 30) Survey of industrial units engaged in food manufacture to find out compliance Conduct or organize training programmes Ensure efficient & uniform implementation of standards Sanction prosecution of offences punishable under this Act 13
Enforcement of the Act Licensing & registration of food business (Sec. 31) Food business operator (FBO) shall only commence business under a valid license Petty food manufacturers shall register themselves with the Food Authority as specified Designated Officer is responsible to grant/refuse the grant of license Appeal may be made to Commissioner of Food Safety against the order of rejection to grant the license 14
Enforcement of the Act Improvement notices(sec. 32) Issued by designated officer to Food business operator Improvement notice includes: Grounds for believing that FBO failed to comply with regulations Measures to be taken by FBO in order to secure compliance Require FBO to take measures within reasonable period specified in notice FBO fail to comply with improvement notice license may be suspended or canceled Person aggrieved by actions of designated officer appeal to Commissioner of Food Safety final decision 15
Enforcement of the Act Prohibition orders(sec. 33) If FBO is convicted to offense under the act & if the court is satisfied that there is a real health risk, court may impose prohibitions: On use of the process or treatment for the purpose of the food business On use of the premises or equipment for the purpose of a specific food business or any food business Emergency prohibition notice(sec. 34) Commissioner of Food Safety, on application by a Food Safety Officer, may impose emergency prohibitions 16
Enforcement of the Act Notification of Food Poisoning (Sec. 35) Food Authority to notify registered medical practitioners carrying on their profession in any local area specified in the notification, to report all occurrences of food poisoning coming to their notice to such officer as may be specified 17
Enforcement of the Act Designated Officer (Sec. 36) To issue or cancel license of FBO Prohibit the sale of food contravening the Act & rules Receive report and samples of article of foods and get them analyzed Recommend to the Commissioner for sanction to launch prosecutions Sanction or launch prosecutions for contraventions are punishable with fine and investigate complaints may be made in writing against Food Safety Officer Food Safety Officer (Sec. 37) For local areas To seize the samples Enter and inspect food processing premises Power of search, seizes, investigation, prosecutions. 18
Enforcement of the Act Purchaser may get food analyzed (Sec. 41) Purchaser empowered to get the food analyzed by public analyst, after paying the fees specified Purchaser has to inform the FBO, at the time of purchase, that it is for analysis. Purchaser entitled to a refund of fees, in case of sample failure Failing sample will lead to prosecution as per procedure given in section 42 19
Enforcement of Act Recognition & accreditation of labs (Sec. 43) Food Authority Referral food Labs and Research Institutes accredited by NABL Recognition of agency for food safety audit (Sec. 44) To recognize agency for Food Safety Audit and check compliance with FSMS 20
Offences & penalty (48 to 67) Sub standard food-five lakh rupees Misbranded food -three lakh rupees Misleading advertisement ten lakh rupees Failure to comply with directions of FSO - two lakh rupees Unhygienic or unsanitary processing or manufacture of food - one lakh rupees Penalty for possessing adulterant (Section 57) Where such adulterant is not injurious to health, to a penalty not exceeding two lakh rupees; Where such adulterant is injurious to health, to a penalty not exceeding ten lakh rupees 21
Offences & penalty (48 to 67) Unsafe food Which does not result in injury: imprisonment for max. six months & penalty of one lakh rupees Results in non grievous injury: imprisonment for max. one year & penalty of three lakh rupees Results in grievous injury: imprisonment for max. six years & penalty of five lakh rupees Results in death: imprisonment for at least seven years & penalty of ten lakh rupees 22
Establishment of Food Safety Appellate Tribunal Establishment of Food Safety Appellate Tribunal (Sec. 70) Central Govt./State Govt. : establish one of more tribunals Food Safety Appellate Tribunal to hear appeals from the decisions of the adjudicating officer Tribunal consists of 1 person only : presiding officer of the tribunal Procedure of appeal & powers of the tribunal central Govt. 23
Establishment of Food Safety Appellate Tribunal Procedure & powers of Tribunal (Sec. 71) The tribunal shall discharge its functions as a civil court with the same powers while trying a suit Person aggrieved by decision or order of the tribunal may file an appeal against it before the High Court within 60 days from the date of communication of the same Civil court not to have jurisdiction (Sec. 72) Civil court shall not entertain any suit or proceeding which an Adjudicating Officer or Tribunal is empowered to determine No injunction shall be granted by a court/authority for any action taken in pursuance of powers conferred by the Act 24
DNV Services Managing ag g Risk Jevanand Rajaram, Food Safety Lead auditor, DNV j, y,
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