Food safety act

7/28/2019 Food safety act

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FOOD SAFETY AND STANDARDS ACT, 2006


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FSS Act,2006

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 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.


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Situation before FSS Act

Prevention of Food Adultration Act,1954+ 6 orders under

Essential commodities Act on Milk, Meat, Fruit and Vegtables,

Oil etc.Laws framed by different Ministries/Depts. With different

perspective and enforcement approach

Overlapping laws with different quality standards & labelling

requirements


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INDIAN

FOOD LAWS

Prevention of Food Adulteration Act

1954 and RulesDepartment of Health

Ministry of Health and Family Welfare

Fruit Products OrderMinistry of Food

Processing Industries

Milk and Milk Products OrderDepartment of Animal Husbandry

Ministry of Agriculture

Agricultural Produce

(Grading & Marketing) ActDepartment of Agriculture and

Cooperation

Ministry of Agriculture

Standards of Weights and Measures Act and Packaged Commodity Rules,

The Vegetable Oil Products (Control) Order,

The Edible Oils Packaging (Regulation) Order,

The Solvent Extracted Oil, Deoiled Meal, and Edible Flour (Control) Order

Ministry of Consumer Affairs, Food and Public Distribution

Export (Quality Control &

Inspection) Act

Department of CommerceMinistry of Commerce & Industry

Situation earlier

Meat Products Order

Ministry of Food

Processing Industries


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Current statusIndian food safety standard bill signed into law in

2005.In 2006 Food Safety and Standards Act, 2006

came into enforcement

with two objective :

To introduce a single statute relating to food andTo provide for scientific development of the food

processing industry

On 5th Aug 2008 FSSAI was constituted.

On 5th May 2011 FSS Rules were notified in to

the Gazette.On 5th Aug 2011 FSS Rules and Regulation came

into enforcement.


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Why change was needed

Industry wanted just one window to deal with all

the food regulations.

Standards are rigid and non-responsive to

scientific advancements and modernization.

Varied Quality/Safety standards restricting innovation

in food products.

Integrated response to strategic issues like Novel

foods, GM foods, international trade etc.

.


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conti... Decentralization of licensing for 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. Emphasis on gradual shift from regulatory regime to

self compliance.

Consistency required between domestic and

international food policy .

Mechanism for speedy disposal of cases (special

courts/Special tribunals)


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Salient features of Act

To ensure that all food meets consumers expectations in terms

of nature, substance and quality and is not misleadingly presents;

To provide legal powers and specify offences in relation to public

health and consumers interest;

To shift from regulatory regime to self compliance through Food

Safety Management system.

Science based standards

Proprietary food, novel food, GM food, dietary supplements,

nutraceuticals etc brought into the ambit of the new act.


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Scope of the Act

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 matters of food safety.

The Food Safety & Standards Authority of India is the

principal Government Authority responsible for preparingspecific regulations under the Act.


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FSSAI has been mandated by the FSS Act, 2006 forperforming the following functions

Framing of Regulations to lay down the Standards andguidelines in relation to articles of food and specifyingappropriate system of enforcing various standards thusnotified.

Laying down mechanisms and guidelines for accreditationof certification bodies engaged in certification of food safetymanagement system for food businesses.

Laying down procedure and guidelines for accreditation of

laboratories and notification of the accredited laboratories


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conti...

To provide scientific advice and technical support to CentralGovernment and State Governments in the matters offraming the policy and rules in areas which have a direct orindirect bearing of food safety and nutrition .

Collect and collate data regarding food consumption,incidence and prevalence of biological risk, contaminants infood, residues of various, contaminants in foods products,identification of emerging risks and introduction of rapid alertsystem.

Creating an information network across the country so thatthe public, consumers, Panchayats etc receive rapid, reliableand objective information about food safety and issues ofconcern


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conti..

Provide training programmes for persons who are

involved or intend to get involved in food businesses.

Contribute to the development of international technical

standards for food, sanitary and phyto-sanitary

standards.

Promote general awareness about food safety and

food standards.


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ZONAL OFFICES(for licensing oflarge units)

ZONAL DIRECTOR(Licensing Authority)

OTHER OFFICERS(for inspections &Monitoring)

STATE GOVERNMENTCOMMISSIONER OF

FOOD SAFETY34 STATES/UT

LICENCING

FOOD SAFETY OFFICER(for Inspection of Medium Units for

licensing and Monitoring ofRegistered Food Business

Manufacturers)

REGISTRATION

URBAN(City-MunicipalCorporation)/

Town- Panchayat)

RURAL(Gram

Panchayat)

HEALTH INSPECTOR/SANITARY INSPECTOR

(Registering Authority andmonitoring of traders)

HEALTH OFFICER

FOOD INSPECTOR/HEALTHINSPECTOR/ SANITARY

INSPECTOR(Registering Authority and monitoring

of traders)

DESIGNATED OFFICERLICENSING AUTHORITY

Information

CHIEF EXECUTIVE OFFICER, FSSAI

Information

Information


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APPELATE

TRIBUNAL

FOOD SAFETY

COMMISSIONER

FOOD SAFETY

OFFICER

ACCREDITED LAB

REFERAL LAB

FOOD ANALYST

DESIGNATED

OFFICER

ADJUDICATINGOFFICER

SPECIALCOURT

REGULATORY ENFORCEMENT AT STATE


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ROLES & RESPONSIBILITIES OF FOOD SAFETYCOMMISSIONER

Prohibit in the interest of public health, the manufacture,storage, distribution, or sale of any article of food.

Carry out survey/inspection of the food processing units in thestate to find out compliance of prescribed standards.

Conduct training programmes for the personnel engaged in foodsafety.

Ensure efficient and uniform implementation of the standards

and other requirements of food safety.

Sanction prosecution for offences punishable withimprisonment under this Act.


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ROLES & RESPONSIBILITIES OF DESIGNATEDOFFICER

Issue or cancel license of Food Business Operator.

Prohibit sale in contravention of this Act.

Receive report and samples of articles of food from Food Safety

Officer and get them analyzed.Make recommendation to the Commissioner of Food Safety for

sanction to launch prosecutions

Sanction prosecution

Maintain record of all inspections made by Food Safety Officers

Get complaints investigated in respect of any contravention ofthe provision of this Act or against FSO


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ROLES & RESPONSIBILITIES OF FOOD SAFETYOFFICER

Taking samples of food intended for sale

Seize any articles of food which appears to be in contravention

of this Act

Enter and inspect any place where food is manufactured, orstored for sale

May after giving notice, cause unsafe food destroyed

Seize any adulterant found in possession of a manufacturer or

distributor

Can be penalised for harassment of business operator (There isprovision for penalising Complainant for false complaint)


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Enforcement of Act

Adjudicating Officer of the State govt.

To impose penalty for offences

Shall have the powers of civil court

Central / State govts. to establish one or more

tribunals to attend to appeals

One member tribunal called Presiding Officer (District Judge)

Power to establish special courts for expedient hearing foroffences relating to grievous injury or death


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Adjudication and Food safety Tribunals

ADJUDICATING OFFICER

State Govt. to notify Adjudicating

Officer not below the rank of Addl.

District Magistrate.

Central Govt. or State Govt. may

be notify and establish one or

more tribunals known as Food

Safety Appellate Tribunals

Central Govt. or State Govt.

may constitute special courts

for trial of offences relating togrievous injury or death of the

consumer

FOOD SAFETY

APPELLATE

TRIBUNAL

SPECIAL

COURTS


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Offences and Punishments 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 imprisonmentwith fine of Rs.1.0 lakh


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conti...

Unsafe food causing non-grievous injury :1 yearimprisonmentwith fine ofRs. 3.00 lakh

Compensation in case for injury :

uptoRs.1.00 lakh

Causing grievous injury :6 yearsimprisonment with fine of

Rs. 5.00 lakh

Compensation in case for grievous injury :

upto Rs.3.00 lakh

Causing death :7 yearsorlife imprisonment

and fine ofRs. 10.00 lakh Compensation in case of death :

upto Rs. 5.00 lakh minimum


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Way aheadFSSI proposes 12th Five year plan 2012-2017 which

includes :

Food safety needs to be the part of Education

System - NCERT

Foods for Special Dietary Use (FSDU) Regulation.

Specify standards and guidelines in relation to food

items, limits for food additives, Labeling & Qualitycontrol.

Designate and finalise upgradation plans for

Referral labs and food laboratory infrastructure.

Regulation for Safety and Quality of Water/Milk &Meat Industry.

Trans Fats and Saturated Fats Standards.

Regulations for Labeling and claims especially for

functional foods.


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cont...

Develop procedures for establishment andworking of Adjudicating officers and Food

Safety Tribunals.

Food Safety Surveillance Mechanism, Recall

Mechanism.

Review standards for Organic Food, GAP andGMP.

Consumer awareness for food safety, disaster

management.

Critical studies on (e.g. through NIN) DietSurveys, Data-base for Food Safety

Regulations, Trans Fatty Acids Import regulation

regime etc.


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Thank you

Food safety act

Documents

Transcript of Food safety act