26-slide document providing a brief presentation on the new Food Safety Act (2006) enacted on 05 August, 2011.

1. DR. JITENDRA P. DONGARE FOOD SAFETY AND STANDARDS ACT, 2006

2. 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 FOOD SAFETY LEGISLATION - the need……

3. INDIAN FOOD LAWS Prevention of Food Adulteration Act 1954 and Rules Department of Health Ministry of Health and Family Welfare Fruit Products Order Ministry of Food Processing Industries Milk and Milk Products Order Department of Animal Husbandry Ministry of Agriculture Agricultural Produce (Grading & Marketing) Act 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 Export (Quality Control & Inspection) Act Department of Commerce Ministry of Commerce & Industry Caught in the Web ??? Meat Products Order Ministry of Food Processing Industries

4. The Food Safety & Standards Act 2006 is Act to consolidate the laws relating to food and to establish the Food Safety and 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. THE ACT…………… 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.

7. • To regulate, monitor the manufacture, processing, distribution, sale and import of food to ensure its safety and wholesomeness. • 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 FUNCTIONS OF AUTHORITY (SEC 16)……………

8. REGULATORY ENFORCEMENT AT STATE APPELATE TRIBUNAL FOOD SAFETY COMMISSIONER FOOD SAFETY OFFICER ACCREDITED LAB REFERAL LAB FOOD ANALYST DESIGNATED OFFICER ADJUDICATING OFFICER SPECIAL COURT

13. Central Licensing Authority State Licensing Authority Registering Authority Designated Officer appointed by the Chief Executive Officer of the FSSAI in his capacity of Food Safety Commissioner Food Safety Officer or any official in Panchayat, Municipal Corporation or any other local body in an area, notified as such by the State Food Safety Commissioner for the purpose of registration Designated Officers appointed under Section 36(1) of the Act by the Food Safety Commissioner of a State or UT for the purpose of licensing and monitoring. LICENSING AND REGISTRATION OF FOOD BUSINESS….

14. Registration required for the Food Business Operator, who – a. manufactures or sells any article of food himself or a petty retailer, hawker, itinerant vendor or temporary stall holder; or 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- 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 iii. slaughtering capacity is 2 large animals or 10 small animals or 50 poultry birds per day or less than that LICENSING AND REGISTRATION OF FOOD BUSINESS….

15. Central License required for the Food Business Operator, who – (i) Dairy units including milk chilling units process more than 50 thousand litres of liquid milk/day or 2500 MT of milk solid per annum. (ii) Vegetable oil processing units having installed capacity more than 2 MT per day. (iii) All slaughter houses equipped to slaughter more 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 (v) All food processing units other than mentioned above having installed capacity more than 2 MT/day. LICENSING AND REGISTRATION OF FOOD BUSINESS….

16. Central License required for the Food Business Operator, who – (vi) 100 % Export Oriented Units (vii) All Importers importing food items for commercial 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 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 under Central government Agencies like Railways, Air and airport, Seaport, Defence etc. LICENSING AND REGISTRATION OF FOOD BUSINESS….

18. PROCEDURE FOR REGISTRATION OF FOOD BUSINESS…. Filing of an Application Processing of Application Either grant or reject Registration Certificate, Issue notice for inspection After the Inspection grant the registration Application Form A Fees Rs 100/- Within 7 days of receipt of application Within a period of 30 days Food Business operator may start business If no response

19. Filing of an Application unique application number Require additional information on incomplete Application Application Form B Documents + Fees Inspection of premises after receiving completed application & issue inspection report Either grant or reject the license Within 60 days of receipt of completed application or within 30 days of inspection No inspection If no response If inspection report not processed No improvement No improvement Fresh application After 90 days PROCEDURE FOR LICENSING OF FOOD BUSINESS….

20. State Govt. to notify Adjudicating Officer not below the rank of Addl. District Magistrate. Central Govt. or State Govt. may notify and establish one or more tribunals known as Food Safety Appellate Tribunals Central Govt. or State Govt. may constitute special courts for trial of offences relating to grievous injury or death of the consumer ADJUDICATION AND FOOD SAFETY TRIBUNALS……. ADJUDICATING OFFICER FOOD SAFETY APPELLET TRIBUNAL SPECIAL COURTS