FOOD SAFETY AND STANDARDS ACT, 2006

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
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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.

Prevention of Food Adulteration Act, 1954

Fruit Products Order, 1955

Meat Food Products Order, 1973

Vegetable Oil Products (Control) Order, 1947

Edible Oils Packaging (Regulation) Order, 1988,

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

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 and
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

quality and is not misleadingly presents;

To provide legal powers and specify offences
in relation to public health and consumers
interest;
Science based standards
Proprietary food, novel food,dietary
supplements, nutraceuticals etc brought into
the ambit of the new act.
 SCOPE OF THE ACT

The Act covers activities throughout the food

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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 preparing specific regulations
under the Act.
 FUNCTIONS OF AUTHORITY (SEC 16)

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

and import of food to ensure its safety and wholesomeness.
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

To specify standards, guidelines for food articles

Limits for Food additives, contaminants, veterinary drugs, heavy
metals, mycotoxin, irradiation of food, processing aids.
Mechanisms & guidelines for accreditation of certification bodies
engaged in FSMS certification
Quality control of imported food
Specify food labeling standards including claims on health,
Nutrition, special dietary uses & food category systems
Scientific advice and technical support to central / state
governments
 ENFORCEMENT OF THE ACT.

Offences:
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

Causing food to be injurious

Abstracting any constituent
Deliberate adulteration
Nonconformance in Label
information etc.,
 ENFORCEMENT OF THE ACT.

Penalties:
Substandard food: Upto Rs. 2.00 lakhs
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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
imprisonment with fine of Rs.1.0 lakh
 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
 Ensure that only safe and wholesome foods are
FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

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.
CASE: NESTLE vs FSSAI
MSG was detected in a sample of
Maggi noodles that carried a No
added MSG claim on the pack.
Nestl India states it does not add
MSG to Maggi noodles and
requests a second sample to be
sent
Government laboratory in Kolkata
says it has detected lead levels
above permissible limits and the
presence of MSG in its sample of
Maggi noodles.
CASE : continued
Nestl India files a legal petition with the Bombay High Court, seeking a
judicial review of this order.
Nestlle claimed that the government laboratories that tested Maggi
noodles for lead on behalf of the FSSAI and some Indian state FDAs
(food and drug administration) - were not accredited for lead testing.
Tests by food standards authorities in six countries USA, Canada, UK,
Australia, New Zealand and Singapore also found Indian-made Maggi
noodles safe for consumption.
On 13 August 2015 The Bombay High Court overturns the governments
ban on Maggi noodles, arguing that the move was arbitrary and that
principles of natural justice were not followed.The court rules that
Nestl India can bring the product back to the market if fresh tests
conducted in three accredited laboratories on the existing samples and
subsequently on the freshly manufactured product find the product
safe.