FOOD SAFETY AND STANDARDS ACT, 2006

DR. JITENDRA P. DONGARE

 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
perspective and enforcement approach
• Overlapping laws with different quality standards & labelling
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
 Caught in the Web ???
Export (Quality Control &
Prevention of Food Adulteration Act
Inspection) Act
1954 and Rules Department of Commerce
Department of Health Ministry of Commerce & Industry
Ministry of Health and Family Welfare

Fruit Products Order Meat Products Order

Ministry of Food
Ministry of Food
Processing Industries
Processing Industries

INDIAN
Milk and Milk Products Order FOOD LAWS Agricultural Produce
Department of Animal Husbandry (Grading & Marketing) Act
Ministry of Agriculture Department 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
 THE ACT……………

The Food Safety & Standards Act 2006 is Act to consolidate the
laws relating to food and to establish the Food Safety and
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Standards Authority of India for laying down science based

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standards for articles of food and to regulate their

manufacture, storage distribution, sale and import, to ensure
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availability of safe and wholesome food for human

STANDARDS AUTHORITY

consumption and for matters connected therewith or

incidental thereto.
SAFETY AND STANDARDS

Prevention of Food Adulteration Act, 1954

Fruit Products Order, 1955

Meat Food Products Order, 1973

Vegetable Oil Products (Control) Order, 1947

FOOD SAFETY

Edible Oils Packaging (Regulation) Order, 1988,

Solvent Extracted Oil, De-oiled Meal and Edible Flour (Control) Order,
1967
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Milk and Milk Products Order, 1992

Any order under Essential Commodities Act, 1955 relating to food.

 SALIENT FEATURE OF THE ACT……………

 To ensure that all food meets consumers’

expectations in terms of nature, substance
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and quality and is not misleadingly presents;

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 To provide legal powers and specify offences

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in relation to public health and consumers’

interest;
 To shift from regulatory regime to self
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compliance through Food Safety Management

system.
 Science based standards
 Proprietary food, novel food, GM food,
FOOD SAFETY

dietary supplements, nutraceuticals etc

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brought into the ambit of the new act.

 SCOPE OF THE ACT……………

 The Act covers activities throughout the food

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distribution chain, from primary production

through distribution to retail and catering.
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STANDARDS AUTHORITY

 The Act gives the Government powers to

make regulations on matters of food safety.
SAFETY AND STANDARDS

 The Food Safety & Standards Authority of

India is the principal Government Authority
responsible for preparing specific regulations
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under the Act.

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 FUNCTIONS OF AUTHORITY (SEC 16)……………

•To regulate, monitor the manufacture, processing, distribution, sale

and import of food to ensure its safety and wholesomeness.
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•To specify standards, guidelines for food articles

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•Limits for Food additives, contaminants, veterinary drugs, heavy

STANDARDS AUTHORITY

metals, mycotoxin, irradiation of food, processing aids.

•Mechanisms & guidelines for accreditation of certification bodies
SAFETY AND STANDARDS

engaged in FSMS certification

•Quality control of imported food
•Specify food labeling standards including claims on health,
FOOD SAFETY

Nutrition, special dietary uses & food category systems

•Scientific advice and technical support to central / state
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governments
 REGULATORY ENFORCEMENT AT STATE

FOOD SAFETY
COMMISSIONER SPECIAL
COURT
APPELATE
REFERAL LAB TRIBUNAL

ADJUDICATING
DESIGNATED OFFICER
ACCREDITED LAB
OFFICER

FOOD ANALYST
FOOD SAFETY
OFFICER
 ROLE OF STATE AS PER THE ACT….

ROLES & RESPONSIBILITIES OF FOOD SAFETY COMMISSIONER

Prohibit in the interest of public health, the

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manufacture, storage, distribution, or sale of any article

of food.
AUTHORITY OF
STANDARDS AUTHORITY

Carry out survey/inspection of the food processing units

in the state to find out compliance of prescribed
standards.
SAFETY AND STANDARDS

Conduct training programmes for the personnel engaged

in food safety.
Ensure efficient and uniform implementation of the
standards and other requirements of food safety.
FOOD SAFETY

Sanction prosecution for offences punishable with

imprisonment under this Act.
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 ROLE OF STATE AS PER THE ACT….

ROLES & RESPONSIBILITIES OF DESIGNATED OFFICER

Issue or cancel license of Food Business Operator.
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Prohibit sale in contravention of this Act.

AUTHORITY OF

Receive report and samples of articles of food from Food

STANDARDS AUTHORITY

Safety Officer and get them analyzed.

Make recommendation to the Commissioner of Food
Safety for sanction to launch prosecutions
SAFETY AND STANDARDS

Sanction prosecution
Maintain record of all inspections made by Food Safety
Officers
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Get complaints investigated in respect of any

contravention of the provision of this Act or against FSO
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 ROLE OF STATE AS PER THE ACT….

ROLES & RESPONSIBILITIES OF FOOD SAFETY OFFICER

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Taking samples of food intended for sale

Seize any articles of food which appears to be in
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STANDARDS AUTHORITY

contravention of this Act

Enter and inspect any place where food is manufactured,
or stored for sale
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 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
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(There is provision for penalising Complainant for false

complaint)
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 ENFORCEMENT OF PROVISIONS OF THE ACT….

 Article 31 lays down Licensing and Registration

conditions which are compulsory for any food
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business.
Any person desirous to commence or carry on any
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STANDARDS AUTHORITY

food business shall make an application to grant of a

License to the Designated Officer alongwith fees.
In case a license is not issued within two months from
the date of making the application or his application is
SAFETY AND STANDARDS

not rejected, the applicant may start his food business

after expiry of the said period.
The provision of obtaining a licence for carrying on any
food business shall not apply to a petty retailer,
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hawker, itinerant vendor or a temporary stall holder or

small scale or cottage or such other industries relating
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to food business or tiny Food Business Operator. But

 LICENSING AND REGISTRATION OF FOOD BUSINESS….

Central Licensing
Authority
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State Licensing
Authority
AUTHORITY OF
STANDARDS AUTHORITY

Designated Officer
Registering
appointed by the Chief
Authority
Designated Officers Executive Officer of the
appointed under FSSAI
SAFETY AND STANDARDS

Section 36(1) of the in his capacity of Food

Food Safety Officer Act by the Food Safety
or any official in Commissioner of a Safety Commissioner
Panchayat, Municipal State or UT for the
Corporation or any purpose of licensing
other local body in and monitoring.
an area, notified as
FOOD SAFETY

such by the State

Food Safety
Commissioner for the
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purpose of
registration
 LICENSING AND REGISTRATION OF FOOD BUSINESS….

Registration required for the Food Business Operator, who –

 
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a. manufactures or sells any article of food himself or a

petty retailer, hawker, itinerant vendor or temporary
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stall holder; or
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b. such food business including small scale or cottage

or tiny food businesses with an annual turnover not
exceeding Rs 12 lakhs and or whose-
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i. production capacity of food (other than milk and

milk products and meat and meat products) does not
exceed 100 kg/ltr per day or
ii. production or procurement or collection of milk is
up to 100 litres of milk per day or
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iii. slaughtering capacity is 2 large animals or 10 small

animals or 50 poultry birds per day or less than that
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 LICENSING AND REGISTRATION OF FOOD BUSINESS….

Central License required for the Food Business Operator, who –

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(i) Dairy units including milk chilling units process

more than 50 thousand litres of liquid milk/day or
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2500 MT of milk solid per annum.

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(ii) Vegetable oil processing units having installed

capacity more than 2 MT per day.
(iii) All slaughter houses equipped to slaughter more
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than 50 large animals or 150 or more small animals or

1000 or more poultry birds per day
(iv) Meat processing units equipped to handle or
process more than 500 kg of meat per day or 150 MT
per annum
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(v) All food processing units other than mentioned

above having installed capacity more than 2 MT/day.
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 LICENSING AND REGISTRATION OF FOOD BUSINESS….

Central License required for the Food Business Operator, who –

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(vi) 100 % Export Oriented Units

(vii) All Importers importing food items for commercial
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STANDARDS AUTHORITY

use.
(viii) All Food Business Operators manufacturing any
article of Food which does not fall under any of the food
categories prescribed under these regulations or
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deviates in any way from the prescribed specification

for additives therein.
(ix) Retail chains operating in three or more states.
(x) Food catering services in establishments and units
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under Central government Agencies like Railways, Air

and airport, Seaport, Defence etc.
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 LICENSING AND REGISTRATION OF FOOD BUSINESS….

CHIEF EXECUTIVE OFFICER, FSSAI

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STATE GOVERNMENT CENTRAL

AUTHORITY OF

COMMISSIONER OF FOOD SAFETY LICENSING

34 STATES/UT AUTHORITY
STANDARDS AUTHORITY

FSSAI
Head Quarters
SAFETY AND STANDARDS

REGISTRATION AUTHORITY LICENSING AUTHORITY (Licensing)

ZONAL DIRECTORS
• City municipal DESIGNATED OFFICER & OTHER OFFICERS
LICENSING AUTHORITY (for inspections &
corporation, Monitoring)

• town Panchayat,
FOOD SAFETY

• Gram panchayat FOOD SAFETY OFFICER

(for Inspection and Monitoring
Food Business operators)
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 PROCEDURE FOR REGISTRATION OF FOOD BUSINESS….

Filing of an Application

Application
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Form A
Fees Rs 100/-
AUTHORITY OF

Processing of Application
STANDARDS AUTHORITY

Either grant or reject

Within 7 days of
Registration Certificate,
receipt of
SAFETY AND STANDARDS

Issue notice for application

inspection
If no response

Within a period of
After the Inspection grant
30 days
the registration
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Food Business operator

may start business
 PROCEDURE FOR LICENSING OF FOOD BUSINESS….

Filing of an Application
Application
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Form B
Documents + Fees
unique application
AUTHORITY OF

number
STANDARDS AUTHORITY

FBO may
start the
business
after 60
days

Require additional If n
information on incomplete or
esp Canc
Application on
SAFETY AND STANDARDS

elati No improvement
se on

Inspection of premises after

receiving completed No inspection
application & issue inspection Impro No improvement
Susp
report vemen
t ensi

port Notice on
re
FOOD SAFETY

Either grant or reject the n

o
license Within 60 days of e cti sed
receipt of completed i ns p ce s Fresh application
If t pro After 90 days
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application or within 30 days

no
of inspection
 INDIA
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AUTHORITY OF ADJUDICATION AND FOOD SAFETY TRIBUNALS…….

FOOD SAFETY
ADJUDICATING SPECIAL
STANDARDS AUTHORITY

APPELLET
OFFICER COURTS
TRIBUNAL
SAFETY AND STANDARDS

State Govt. to notify Central Govt. or

Central Govt. or
Adjudicating Officer State Govt. may
State Govt. may
not below the rank constitute special
notify and establish
of Addl. District courts for trial of
one or more
Magistrate. offences relating
tribunals known as
to grievous injury
Food Safety
or death of the
FOOD SAFETY

Appellate Tribunals
consumer
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 ENFORCEMENT OF THE ACT……….

Adjudicating Officer of the State govt.

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To impose penalty for offences

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STANDARDS AUTHORITY

Shall have the powers of civil court

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Central / State govts. to establish one or more

tribunals to attend to appeals
One member tribunal called Presiding Officer
(District Judge)
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Power to establish special courts for expedient

hearing for offences relating to grievous injury or
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death
 ENFORCEMENT OF THE ACT……….

Offences:
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¤ Causing food to be injurious

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STANDARDS AUTHORITY

¤ Abstracting any constituent

¤ Deliberate adulteration
¤ Nonconformance in Label
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information etc.,
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 ENFORCEMENT OF THE ACT……….

Penalties:
¤ Substandard food: Upto Rs. 2.00 lakhs
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¤ Misbranded: Upto Rs. 3.00 lakhs

¤ Misleading advertisement : Upto Rs. 10.00 lakhs
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¤ Food with extraneous matter: Upto Rs. 1.00 lakhs

STANDARDS AUTHORITY

¤ Fail to meet the requirements as directed by FSO: Upto Rs. 2.00

lakhs
¤ Unhygienic / unsanitary preparations: Upto Rs. 1.00 lakhs
SAFETY AND STANDARDS

¤ 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 lakh
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 Penalties:
¤ Unsafe food causing non-grievous injury :
1 year imprisonment with fine of Rs. 3.00 lakh
Compensation in case for injury :
upto Rs.1.00 lakh
¤ Causing grievous injury : 6 years imprisonment
with fine of Rs. 5.00 lakh
Compensation in case for grievous injury :
upto Rs.3.00 lakh
¤ Causing death : 7 years or life imprisonment
and fine of Rs. 10.00 lakh
Compensation in case of death :
upto Rs. 5.00 lakh minimum
 THE NEW REGIME OF FSS ACT WILL

 ensure that only safe and wholesome foods are

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marketed,
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 take decisions based on science ,

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 empower authorities to detect sources of

contamination and to take action to prevent
contaminated foods from reaching the consumer,
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 enforce Internationally accepted standards for food

and food commodities,
 enforce compliance by manufacturers, distributors,
importers, exporters and other stakeholders and
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 be transparent and promote public confidence.

FOOD
FOOD
FOOD SAFETY
SAFETY AND STANDARDS
STANDARDS AUTHORITY
AUTHORITY OF
OF INDIA
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[email protected]
THANK YOU !
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