Food Safety & Standards Act:

Implication for food Industry

in India

By : Shruti Sharma

Deputy Manager-Regulatory

Affairs

Cargill India Pvt. Ltd.

Regulatory Regulatory Regulatory Regulatory Structure In Food Structure In Food Structure In Food Structure In Food ----Prior to 5Prior to 5Prior to 5Prior to 5thththth

August,2011August,2011August,2011August,2011

� Prevention of Food Adulteration Act, 1954 + 6 orders underEssential Commodities Act-on Milk ,Meat, Fruit &Vegetables, Oiletc

� Enforcement agencies for different sectors of food. In DifferentMinistries and departments

� Changes in standards –A slow process� Changes in standards –A slow process

� Standards rigid and non-responsive to scientific advancements,modernization & risk analysis

� Decision making –not risk based

� Stakeholders participation- not adequate

� Inadequate infrastructure- physical, financial and human resources

Regulators

Scientific/

Research Institutions/

Laboratories

Government agencies

Farmers organisations

Stakeholders in food Safety SectorStakeholders in food Safety SectorStakeholders in food Safety SectorStakeholders in food Safety Sector

Consumer Safety

FBO’s/ Food Industry

organisations

Consumers organisations

FSS Act, 2006 FSS Act, 2006 FSS Act, 2006 FSS Act, 2006 ----OperationalisationOperationalisationOperationalisationOperationalisation

Food Safety and Standards Act ,2006 - passed by Indian

Parliament and notified on 24th August, 2006

� Authority Established- in Sept, 2008

� FSS Regulations Notified -3th August, 2011� FSS Regulations Notified -3 August, 2011

� New Act operationalised- 5th August,2011

� All Food Business Operators in India to get

Licensed/Registered with Food Safety Authority

Critical ShiftsCritical ShiftsCritical ShiftsCritical Shifts

PFA

• Multiple Authorities

• Adulteration

FSS ACT, 2006

• Single Authority

• Safety + Adulteration

• Inspection/ Control

• Insufficient Enforcement Personnel

• Poor Lab Network

• Monitoring & Surveillance

• Full time district Officer, Food Safety Officers under FSC

• Laboratories in private and public sectors to be involved

Objectives Objectives Objectives Objectives of FSSAof FSSAof FSSAof FSSA

To establish Food Safety and Standards Authority ofIndia for laying down science based standards forarticles of food.

To consolidate the laws relating to food.

To regulate the manufacture, storage, distribution,sale and import of food products.

articles of food.

To ensure availability of safe and wholesome food forhuman consumption.

SALIENT FEATURE OF THE FSS ACTSALIENT FEATURE OF THE FSS ACTSALIENT FEATURE OF THE FSS ACTSALIENT FEATURE OF THE FSS ACT

Stakeholders involvement in decision making

• Apex Body -FSS Authority has wider representation of

Eminent Food Technologists/Scientists, State Governments,

Farmers, Retailers, consumers organisations , food industries

and Ministries- in creating a culture of food safety

Science in decision making

• Science based Standards that distinguish substandard and

unsafe food

• Risk Assessment and Management integral to standards setting

and enforcement

SALIENT FEATURE OF THE FSS ACT (Contd..)

Improved Regulatory structures

• New enforcement structure

• Envisages large network of food labs

• Multi level, multi departmental control shift to a single line of

control

• FBO Food Safety Management to shift from regulatory regime to• FBO Food Safety Management to shift from regulatory regime to

self compliance

• Improvement Notices and Graded Penalties for

Offences/Violations in context of public health and consumer

interest

• Regulation of food imported in the country

CENTRAL LICENSING

AUTHORITY

FSSAI

STATE GOVERNMENT

COMMISSIONER OF FOOD SAFETY

35 STATES/UT

CHIEF EXECUTIVE

OFFICER, FSSAI

REGULATORY SYSTEMREGULATORY SYSTEMREGULATORY SYSTEMREGULATORY SYSTEM

FSSAI

Head Quarters

(Monitoring)

ZONAL DIRECTORS &

OTHER OFFICERS (for

Inspections , Monitoring &

Licensing )

LICENSING

AUTHORITY

FOOD SAFETY OFFICER

( Inspection and Monitoring

Food Business operators)

DESIGNATED OFFICER

LICENSING AUTHORITY• City municipal

corporation,

• Town Panchayat,

• Gram panchayat

REGISTRATION

AUTHORITY

Food Safety Commissioner

Food Safety

Appellate TribunalReferral Lab

MajorMajorMajorMajor Functionaries in the StateFunctionaries in the StateFunctionaries in the StateFunctionaries in the State

Designated Officer

Food Safety Officer

Food Analyst

Adjudicating Officer

Accredited Lab

Prosecution CourtsSpecial

Courts

SALIENT FEATURE OF THE FSS ACT (Contd..) SALIENT FEATURE OF THE FSS ACT (Contd..) SALIENT FEATURE OF THE FSS ACT (Contd..) SALIENT FEATURE OF THE FSS ACT (Contd..)

Improved Monitoring System

• One step up and down food traceability and recall plan

• Food alert

• Active and Passive Surveillance

• Annual Audit• Annual Audit

Improvement in Justice Dispensation

• Different procedure to deal with Civil and criminal penalties

• Provision for Adjudication and fast track disposal of cases

• Constitution of Tribunals

SALIENT FEATURE OF THE FSS ACT (Contd..) SALIENT FEATURE OF THE FSS ACT (Contd..) SALIENT FEATURE OF THE FSS ACT (Contd..) SALIENT FEATURE OF THE FSS ACT (Contd..)

Promoting Innovations

• Procedure for product approvals

• Provisions for Functional and Novel Foods , dietary supplements, nutraceuticals etc)

Consumer Empowerment

• Safeguard consumers’ expectations of substance, quality in a non-misleading presentation

• Consumers can take samples and get it analysed

Accountability

� Provision for penalty against officer (Upto 1 lakh)

� In all cases prior notice to FBO

Private Public Participation in Enforcement

� Accreditation of Private agencies/individuals for audit/inspections

� Accreditation of private Laboratories

ISSUES IN IMPLEMENTATIONISSUES IN IMPLEMENTATIONISSUES IN IMPLEMENTATIONISSUES IN IMPLEMENTATION

(Contd..)(Contd..)(Contd..)(Contd..)

Medium Scale(State Licensing)

Small scale

Volume

10,00,000

FBO’sSmall scale

( State licensing)

Petty Food Business Operators

(Registration)

Big scale

( Central Licensing)

10,00040,00,000

5,00,00,000

ISSUES IN IMPLEMENTATION

Laboratory Professionals

HR Requirements

3000

HR Requirements

Auditors

FBO’s

Regulators

30,000

5,50,00,000

10,000

Progress So Far….

� Constitution of Authority, scientific Committee, and 8 Expert Panels

� Notification of Rules and 6 Regulations

� On line licensing to have transparency

� Accreditation of 61 private labs

� Accreditation of 12 Food Safety Management System agencies

� 89 Individual for Inspection/ Auditing

� Food Imports brought under FSS Act- about 75 % of total food imports in

country.

� Surveillance survey- Milk

� Sampling of food products and prosecution going on in states

� Action has been taken against false claims/ advertisements

Challenges Ahead

1 Setting of Food Safety Standards

2 Risk Assessment

3 Effective Food Surveillance System

4 Traceability, Recall and Emergency response system

8 Inform, Educate and Communicate to the consumers

4 Traceability, Recall and Emergency response system

5 Food Safety Management Systems

6 Capacity Building

7 Research and Development

8 Inform, Educate and Communicate to the consumers