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About FSSA ( Food Safety and Security Act, 2006 )

Brief Introduction
FSSA, 2006 is an Act enacted to keep with changing needs / requirements of time and to
consolidate the laws relating to food and to establish the Food Safety and Standards
Authority of India. The Act was needed to bring out a single statutory body for food laws,
standards setting and enforcement so that there is one agency to deal and no confusion in
the minds of consumers, traders, manufacturers and investors which was due to
multiplicity of food laws.
FSSA serves the purpose of a unified food law as the Act consolidates various food laws.Food
Safety and Standards Authority of India in association with State Food Authorities are the
two responsible bodies which are responsible for implementation and enforcement of the
act
Development of FSSA,2006
FSSA, 2006 is an Act to consolidate the laws relating to food and to establish the Food Safety
and Standards Authority of India. The Act was needed to bring out a single statutory
body for food laws, standards setting and enforcement so that there is no confusion in the
minds of consumers, traders, manufacturers and investors which was due to multiplicity
of food laws.
The priorities of the FSSA is to lay down a scientifically proven standards for articles of food
and to regulate manufacture, storage, distribution, sale and import, to ensure availability
of safe and wholesome food for human consumption.
Composition of the Governing Body
FSSA constitutes of 22 members out of which 7 ex-officio members represent the Ministries
or Departments of Central Government viz. Agriculture, Commerce, Consumer Affairs,
Food Processing, Health, Legislative Affairs, Small Scale Industries; two representatives
from food industry; two representative from consumer organizations; three eminent food
technologists or scientists; five members to represent the States and the Union Territories

on rotation basis; two persons to represent farmers organizations and one person to
represent retailers organizations.
Mandates of the Act : The Mandate assigned to the Food Authority is
1.

laying down science based standards for articles of food

2.

to regulate manufacture, storage, distribution, sale and import of food

3.

to facilitate food safety.

The mandate assigned to the Food Authority is 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.

Elements of FSSA
The following Acts/Orders mentioned in second schedule of the Act are going to be repealed in
Food Safety and Standards Act, 2006:
1.

Prevention of FoodAdulterationAct,1954

2.

Fruit Products Order, 1955

3.

Meat Food Products Order, 1973

4.

Vegetable Oil Products (Control) Order, 1947

5.

Edible Oils Packaging (Regulation) Order, 1998

6.

Solvent Extracted Oil, De oiled Meal, and Edible Flour (Control) Order, 1967

7.

Milk and Milk Products Order, 1992

8.

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

New Guidelines Under FSSA

1. Legislations Replaced with New Food Act.
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. Any other order issued under the Essential
Commodities Act, 1955 ( 10 of 1955) relating to food.
2. Compels the establishment of food recall procedures.
3. Mandatory licensing and registration of food business.
4. Only registration - Petty FBO
5. Mandatory

to follow Food Safety System e.g. HACCP/FSMS

6. Provision of Improvement Notice by DO.

7. Compounding and Adjudication of cases.
8. Special Tribunals --- expedite the disposal of cases.
9. Prohibits advertisements which are misleading or deceiving or contravenes the
provisions of the Act (stakeholders at source may be prosecuted).
10. All imports of articles of food are covered.
11. Self Regulation by FBOs to ensure that the articles of food satisfy the requirements
of this Act at all stages of production, processing, import, distribution and sale
within the businesses under his control.

12. Provision for graded penalties where offenses like manufacturing, storing or selling
misbranded or sub---standard food is punished with a fine, and more serious
offences with imprisonment or both.

Challenges for FSSA

Despite having a legal framework in place, India still struggles with enforcing food safety
norms and standards effectively.
One major reason for that is the insufficient number of laboratories in the country. Even today,
the number of laboratories
per million people in the country is far below other countries like China and the US.
Second, there is also an urgent need for upgradation of the infrastructure in most of food testing
laboratories.
Even in terms of human capital, most Food and Drug
Administrations in the states operate far below the desired capacity. In fact, in many cases,
laboratories have had to be
shut down to due to the absence of Food Analysts.
For this purpose, it might be important to encourage private sector participation in the setting
up and maintenance of laboratories. The Ministry of Food Processing also runs a scheme
which provides assistance to states for up-gradation of laboratory infrastructure. Known
as the scheme for Setting Up/Up-gradation of Quality Control/Food Testing
Laboratory,assistance is provided to Central/State government
organizations/Universities and other implementing agencies/private sector organizations.
The first budget announced that the new government at the Centre, would provide direct
assistance to strengthen states drug and food regulatory systems by creating new
laboratories and strengthening existing laboratories as well.

Going forward, a collaborative effort between Centre, states and the private sector alone can
address the challenge of
food safety in the country.

Description of FSSAI
The Label of FSSAI depicts that the product is fit for consumption as it has been approved by
the concerned authorities. Here we get all the relevant details about the manufacturer,
Organisation details, Product details. These information really helps in understanding
the nitigrities of the product.

Cases in FSSA
1.

Maggi Fiasco

FSSAI banned Maggi ( Product of Nestle India )

Earlier this month, the FSSAI had banned Nestle Indias Maggi saying it was unsafe and
hazardous after tests found presence of lead and Monosodium glutamate above
permissible limits. Nestle had also withdrawn the instant noodles brand from the market.
There has been a huge cry about the Maggi Fiasco and the big animal in the form FSSAI which
was sleeping has finally woke up to solve the issue.
2.

Boost

The claim that Boost provides 3 times more stamina than sadharan chocolate drink is
misleading and violates Section24of FSSA act, 2006.The producer has not submitted
any specific study on this product to substantiate their claims.
3.

Nutricharge

The claims like:

Enhance your energy, stamina and immunity with smart nutrition.

Smart nutrition means nutricharge

Powered by 10 vitamins,11 minerals, 11 antioxidants and 3 amino acids

Heart and brain health are misleading and deceptive in nature

4.

Britannia Nutrichoice

The claims on advertisements like:

No added sugar

Complex carbohydrates

Diabetic friendly

are misleading ad violates Section 24 of FSS Act, 2006.

5.

Todays Premium Tea

The claims by the Producer in newspaper ad shows the following which are misleading as per
Section 24 of FSS Act,2006 :

100% natural

Rich in antioxidants

Thakawat hataye chusti laye

6.

Nutrilite

Claims like :
If you are not taking a truly adequate and well balanced diet the nutrilite daily may be
convenient once a day choice for supplemental nutrients you have been looking
for. Each tablet supplies 13 vitamins, 11 minerals and phytofactors plant compound from
nutrilites exclusive plant concentrate. Nutrilite exclusive nutria look makes tablet
easier to swallow. These Statements are confusing and deceptive in nature

Way Ahead for FSSA

1.

Food safety needs to be the part of Education System - NCERT : The best way for
increasing awareness from the grassroot level

2.

There should be a regulation in Foods for Special Dietary Use (FSDU)

3.

Specify standards and guidelines in relation to food items, limits for food
additives, Labeling & Quality control.

4.

Designate and finalise upgradation plans for Referral labs and food laboratory
infrastructure.

5.

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

6.

Trans Fats and Saturated Fats Standards.

7.

Regulations for Labeling and claims especially for functional foods.

8.

Develop procedures for establishment and working of Adjudicating officers and

Food Safety Tribunals.

9.

Food Safety Surveillance Mechanism, Recall Mechanism.

10.

Review standards for Organic Food, GAP and GMP.

11.

Harmonization of standards with other Food Regulations and CODEX.

12.

Consumer awareness for food safety, disaster management.

13.

Critical studies on (e.g. through NIN) Diet Surveys, Data-base for Food Safety
Regulations, Trans Fatty Acids Import regulation regime etc.

New Regime of FSSAI

Ensure that only safe and wholesome foods are marketed,
Take decisions based on science ,
Empower authorities to detect sources of contamination and to take action to
prevent contaminated foods from reaching the consumer,
Enforce internationally accepted standards for food and food commodities,
Enforce compliance by manufacturers, distributors, importers, exporters and other
stakeholders and
Be transparent and promote public confidence.

------------------- THANK YOU------------------