FOOD SAFETY

AND STANDARD
ACT, 2006
SUBMITTED BY,
BINDUSHREE V R
IV SEM LLM
MSRCL
HISTORY:

Before the enactment of FSSA 2006, food safety in India was regulated by a multitude of laws,
such as the Prevention of Food Adulteration Act, 1954, and various orders and standards. This
fragmented approach led to inconsistencies and overlaps in regulation.
 The Prevention of Food Adulteration Act, 1954
 The Fruit Products Order, 1955
 The Meat Food Products Order, 1973
 The Vegetable Oil Products (Control) Order, 1947
 The Edible Oils Packaging (Regulation) Order, 1998
 The Solvent Extracted Oil, De-oiled Meal, and Edible Flour (Control) Order, 1967
 The Milk and Milk Products Order, 1992
 The Essential Commodities Act, 1955 (as it relates to food)
 The Infant Milk Substitutes, Feeding Bottles, and Infant Foods (Regulation of Production,

Supply, and Distribution) Act, 1992

Need for new law:
1. Removal of multiple regulations.
2. Harmonizing regulatory requirements based on science and risk analysis.
3. Facilitating trade without compromising consumer safety and bringing in innovation
in foods.

The Food Safety and Standards Act (FSSA) 2006 was enacted by the Parliament of
India. The Act received presidential assent on 23rd August 2006 and came into force on
5th August 2011.

Objective:
 Consumer Protection
 Public Health Safeguard
 ESTABLISHMENT OF FSSAI

 Central Authority( Established under section 4)

 Composition
 Chairperson: The Chairperson of FSSAI is appointed by the Central Government and is the
head of the authority, responsible for overall leadership and strategic direction.
 Members: The FSSAI consists of 22 members who represent various sectors related to food
safety and public health. The composition includes:
 Ex-officio Members: Representatives from various ministries and departments of the
Central Government, including Agriculture, Commerce, Consumer Affairs, and Food
Processing.
 Experts and Scientists: Eminent professionals and scientists from fields such as food
technology, nutrition, and public health.
 Industry Representatives: Members from the food industry and consumer organizations to
ensure a balanced perspective.
 State Government Representatives: Officials from state governments to ensure
coordination and implementation at the state level.
ROLES AND RESPONSIBILITIES:

 Setting Food Standards

 Regulating the Food Supply Chain
 Licensing and Registration
 Inspection and Enforcement
 Public Awareness and Education
HEADQUARTERS:
 The headquarters of FSSAI is located in New Delhi, the capital city of India. This central
location facilitates effective coordination with various government ministries and departments,
as well as national and international organizations.
 Regional Offices:
 Northern Region – With regional office at Ghaziabad.
 Eastern Region - With regional office at Kolkata.
 Western region - With regional office at Mumbai.
 Southern Region - With regional office at Chennai.
 Laboratories and Research Facilities: In addition to the headquarters and regional offices,
FSSAI has established a network of accredited food testing laboratories and research facilities
across India to support its regulatory functions. These laboratories conduct scientific analysis
and testing of food samples to ensure compliance with safety standards.
GENERAL PROVISIONS OF THE ACT

DEFINITION CLAUSE:

 Food under section 2(j): According to the FSSA 2006, "food" is defined as any substance,
whether processed, partially processed, or unprocessed, which is intended for human
consumption.
 Food Business Operator (FBO) under section 2(o): means any undertaking, whether profit
or not and whether public or private, carrying out any of the activities related to any stage of
manufacture, processing, packaging, storage, transportation, distribution of food, import and
includes food services, catering services, sale of food or food ingredients ( any food related
business).
LICENSING
 Mandatory Licensing
 (Section 31 of FSSA 2006)
 All Food Business Operators (FBOs), regardless of their size and type, must obtain
either a license or registration from the Food Safety and Standards Authority of
India (FSSAI).
 Types of Licenses: There are three main categories of licenses/registrations:
 Basic Registration: For small-scale food businesses, such as petty food
manufacturers, hawkers, vendors, and small retailers with an annual turnover of
up to ₹12 lakhs.
 State License: For medium-sized food businesses, such as small to medium
manufacturers, storage units, transporters, retailers, marketers, and distributors
with an annual turnover between ₹12 lakhs and ₹20 crores.
 Central License: For large-scale food businesses, such as large manufacturers,
importers, 100% export-oriented units, large storage units, operators in Central
Government agencies, airports, seaports, etc., with an annual turnover above ₹20
crores.
SETTING STANDARDS
 Under (Section 16(2)(d)) The Food Safety and Standards Authority of India (FSSAI) is
mandated by the FSSA 2006 to establish science-based standards for food products. This
ensures that all food items in the market are safe for consumption and meet the highest quality
standards.
 Scope of Standards:
 Contaminants
 Toxins
 Residues
 Food Additives
RISK ANALYSIS

 Under Section 16(2)(e) & 16(2)(f) he Food Safety and Standards Authority of India (FSSAI) is
tasked with conducting scientific risk assessments to identify and manage potential hazards in
the food supply chain.
 Components of Risk Analysis:

Hazard Identification , Risk Characterization, Exposure Assessment, Risk Communication.

 PREVENTIVE MEASURES:

Good Manufacturing Practices, Good Hygiene Practices , Hazard Analysis and Critical Control
Points , Food Safety Management Systems, Regulatory Controls.
LABORATORY ACCREDITATION
 Establishing Laboratories: (Section 43 of FSSA 2006)
 Central and State Food Laboratories: FSSAI is responsible for establishing and maintaining a network
of food laboratories at both the central and state levels. These laboratories play a crucial role in testing
and analysing food samples to ensure compliance with safety standards.

Functions of Accredited Laboratories:

 Testing and Analysis
 Research and Development
 Training and Capacity Building
Quality Assurance and Control:
 Proficiency Testing
 Standard Operating Procedures
RECALL PROTOCOLS
Under Section 28 of FSSA 2006 The Food Safety and Standards Authority of India (FSSAI) has
established protocols for the recall of food products deemed unsafe for consumption. These
procedures are designed to protect public health by ensuring that hazardous food items are
promptly removed from the market
 Recall Classification:
 Class I Recall: High-risk recalls involving products that could cause serious health
problems or death.
 Class II Recall: Medium-risk recalls for products that might cause temporary health issues
or pose a slight threat of serious harm.
 Class III Recall: Low-risk recalls for products that are unlikely to cause adverse health effects but
violate regulatory standards
Steps in Recall Process:

 Identification: Detecting and identifying the unsafe food product through testing, consumer
complaints, or inspection reports.
 Assessment: Evaluating the risk posed by the unsafe product, determining the scope of the
recall, and deciding the recall classification based on the severity of the risk.
 Notification to FSSAI: The Food Business Operator (FBO) must immediately notify
FSSAI upon identifying a need for a recall, providing details about the product, the nature
of the hazard, and the extent of distribution.
 Recall Strategy: Developing a recall strategy in consultation with FSSAI, which outlines
the recall’s scope, communication plan, and method for product retrieval and disposal.
 Public Notification: Informing the public about the recall through media announcements,
press releases, and notifications on the company’s website.
 Product Retrieval: Organizing the collection of the affected product from the market,
including retail stores, distribution centres, and consumers.
 Disposal: Ensuring the safe disposal or reprocessing of the recalled product to prevent its
re-entry into the market.
RIGHT TO SAFE FOOD

 It is a Fundamental Right and under section 18 of FSSA 2006 deals with the Food Safety and
Standards Act (FSSA) 2006 ensures that consumers have the fundamental right to access safe
and wholesome food. This provision underscores the responsibility of food business operators
(FBOs) to adhere to stringent food safety standards and regulations.
Objectives:
 Protection of Public Health: Protecting public health by ensuring that all food products
available in the market are free from harmful substances and contaminants.
 Quality Assurance: Guaranteeing that food products meet defined quality standards,
including nutritional content, purity, and safety.
 Preventing Adulteration: Implementing measures to prevent food adulteration and ensure
the integrity of food products.
Grievance Redressal:
 Mechanisms for Complaints
 Complaint Handling Process
 Consumer Feedback
PENALTY:
Types of Penalties:
 Fines:
 Minor Violations: For minor infractions, such as mislabelling or failure to
maintain hygiene standards, fines can range from ₹1 lakh to ₹3 lakhs.
 Major Violations: For more severe violations, such as selling unsafe or
adulterated food, fines can be as high as ₹10 lakhs.
 Imprisonment:
Grave Offenses: In cases where violations pose a serious risk to public health or
involve intentional adulteration, the Act provides for imprisonment. For instance,
causing death or severe injury due to unsafe food can lead to imprisonment
ranging from 6 months to life, depending on the severity of the offense.
 Compounding of Offenses:
Certain offenses can be compounded, meaning they can be settled by paying a
specified sum of money without going through a formal trial. This is applicable
for less severe violations.
 Section 48: Penalties for selling food not of the nature or substance or quality demanded. Fine
up to ₹5 lakhs.
 Section 49: Penalty for sub-standard food. Fine up to ₹5 lakhs.
 Section 50: Penalty for misbranded food. Fine up to ₹3 lakhs.
 Section 51: Penalty for misleading advertisements. Fine up to ₹10 lakhs.
 Section 52: Penalty for food containing extraneous matter. Fine up to ₹1 lakh.
 Section 53: Penalty for failure to comply with food safety officer's directions. Fine up to ₹2
lakhs.
 Section 54: Penalty for unhygienic or unsanitary processing or manufacturing. Fine up to ₹1
lakh.
STATE FOOD SAFETY AUTHORITIES
 Under Section 30 of the FSSA 2006, each state is required to establish a State Food Safety
Authority to oversee the implementation and enforcement of food safety regulations at the
state level. These authorities work in close coordination with the Food Safety and Standards
Authority of India (FSSAI) to ensure comprehensive coverage and adherence to national food
safety standards.
 Appointment of Food Safety Commissioners: Each state appoints a Food Safety
Commissioner who is responsible for managing the state’s food safety administration. The
Commissioner’s duties include:
 Implementation of Regulations: Ensuring that all food safety regulations and guidelines
issued by FSSAI are effectively implemented within the state.
 Coordination with Central Authority: Acting as the liaison between the state and
FSSAI, facilitating the flow of information and ensuring alignment of state-level
activities with national food safety policies.
 Supervision and Oversight: Overseeing the activities of designated officers, food safety
officers, and other staff involved in food safety enforcement within the state.
 Public Awareness: Conducting public awareness campaigns and educational programs
to promote food safety practices among consumers and food business operators.
GLOBAL STANDARDS ALIGNMENT
 Legal Mandate: (Section 16(2)(o) of FSSA 2006)
 Objective: The Food Safety and Standards Authority of India (FSSAI) is mandated to align
India’s food safety standards with international norms. This alignment aims to facilitate
international trade, ensure global competitiveness of Indian food products, and protect
consumer health by adhering to globally recognized food safety practices.
 Alignment with Codex Alimentarius:
 Codex Alimentarius Commission: FSSAI aligns its standards with those established by
the Codex Alimentarius Commission, a joint initiative of the Food and Agriculture
Organization (FAO) and the World Health Organization (WHO). The Codex provides
international food standards, guidelines, and codes of practice.
 Adoption of Standards: Adopting Codex standards for contaminants, food additives,
pesticide residues, veterinary drug residues, and food labelling to ensure that Indian food
products meet international safety and quality benchmarks.
 Periodic Review: Regularly reviewing and updating Indian food safety standards to reflect
changes and updates in Codex standards. This ensures that Indian regulations remain
current and effective in addressing global food safety challenges.
 Harmonization with Other International Standards:
ISO Standards: Incorporating International Organization for Standardization (ISO)
standards for food safety management systems, such as ISO 22000, which specifies
requirements for a food safety management system.
Regional Standards: Aligning with regional food safety standards, such as those set
by the European Union (EU), to facilitate exports to major trading partners.
Risk Analysis and Management: Implementing internationally accepted risk
analysis and management practices to ensure that food safety decisions are based on
scientific evidence and best practices.

 Mutual Recognition Agreements

CASE LAWS:
 Nestle India Ltd. v. Union of India (2015)
 Abbott India Ltd vs FSSAI (2020)
THANK YOU.