Food Laws

Overview Of Food Laws

The Food Safety and Standards Act of 2006 consolidates all the historical food laws in India. It oversees food production, distribution, manufacturing, sales, and street food in India. Food laws and regulations play a major role in maintaining food quality in India. Food business owners must abide by these science-based food laws and standards established by FSSAI. The main objective of food laws in India is to effectively streamline food distribution and prevent contamination. It also focuses on reducing foodborne illnesses.

Introduction to Food Laws in India

Food laws in India are a set of rules and regulations that prioritise food safety and maintain food standards for the overall health and well-being of consumers. The primary legislation pertaining to food safety in India is the Food Safety and Standards Act of 2006. The Food Safety and Standards Act of 2006 authorised the FSSAI, which was created to establish science based guidelines for food production, distribution, retailing, and consumption. Prior to the Food Safety and Standards Act of 2006, multiple food related laws were present but were fragmented. There was a lack of uniformity in the approach, and various ministries and organisations were involved in setting the standards and enforcing food laws in India. The Food Safety and Standards Act of 2006 is a single regulatory body that encompasses all the existing food laws on a national level and ensures a holistic approach that is uniform and effective in implementation.

What is the Food Law?

Food legislation, also known as food law, is a comprehensive body of laws, regulations, and standards that set forth general guidelines for food control in a nation and regulate every facet of food production, handling, marketing, and trade in order to safeguard consumers against contaminated food and dishonest business practices. India has enacted laws pertaining to food to protect the safety of food items throughout manufacturing, distribution, and sale, as well as to reduce food adulteration. The Food Safety and Standards Act of 2006 was introduced on 23 August 2006. In order to ensure the availability of safe and wholesome food for human consumption, as well as any matters incidental or related thereto, this Act aims to unify the laws pertaining to food, establish the Food Safety and Standards Authority of India, and regulate the production, storage, sale, and import of food items.

Types of Food Laws

Generally, food law can be divided into two parts: (1) a basic food Act, and (2) regulations. The basic Act outlines broad principles, while the regulations provide detailed provisions for different categories of products under their jurisdiction. The basic food control regulation may include food standards, hygiene guidelines, lists of food additives, and chemical tolerances. Specific provisions are required for the fundamental food law's compliance and efficient administration. It can be problematic to include in the law extensive requirements regarding food processing, standards, hygienic procedures, packaging and labeling, food additives, and pesticides. Regulations may need to be revised quickly in response to new scientific findings, advancements in food processing technology, or catastrophes that call for immediate action to safeguard the public's health. Executive agencies can make these revisions more quickly than legislative bodies.

• Regulations (Pre, Post and Current)

  For instance in India, the Food Safety and Standard Act of 2006 is the primary Act followed by multiple food safety and standard regulations which was launched in 2011. Based on the power provided by the Act, the food authority has initiated multiple rules and regulations to regulate the subject mentioned as per Section 92 of the Food Safety and Standard Act of 2006. Some of the important regulations in India are given below:

  • Food Safety and Standard Authority of India Business Transaction Regulation of 2010
  • Food Safety and Standards Licensing and Registration of Food Business as Regulation, 2011
  • Food Safety and Standards Food Product Standards and Food Additives Regulation of 2011
  • Food Safety and Standards Prohibition and Restriction on Sales Regulation 2011
  • Food Safety and Standard Packaging and Labeling Regulation of 2011
  • Food Safety and Standards Laboratory and Sampling Analysis Regulation of 2011
  • Food Safety and Standards Food or Health Supplements Nutraceuticals(Foods for Special Dietary Uses Foods for Special Medicinal Purposes Functional Foods and Novel Food) Regulations of 2016
  • Food Safety and Standards Food Recall Procedure Regulation of 2017
  • Food Safety and Standards Import Regulation of 2017.

History of Food Laws in India

The Food Safety and Standard Authority of India (FSSAI) was established by the Food Safety and Standards Act of 2006. This Act is a consolidation of various laws and rules related to the food industry. In order to control food safety and stop adulteration, the Prevention of Food Adulteration Act (PFA) was passed in 1954. It was later amended in 1964, 1976, and 1986. The history of the food industry in India has a strong reference to British law. For instance, lets us take the Pre-independence era:

• The Bengal Food Adulteration Act of 1990
• The Bombay Prevention of Food Adulteration Act of 1925
• The Madras Prevention of Food Adulteration Act of 1918
• The Punjab Pure Food Act of 1929 is all set based on the British Food and Drug Act of 1892. It is designed to prevent economic deception and fraud.

Why is Food Safety Important in India?

To protect public health and prevent foodborne illnesses, it is crucial to have food safety awareness and adherence to standards. Food safety is defined by the Food Safety and Standards Act of 2006 as the guarantee that food is suitable for human consumption for the purpose for which it is designed. Food safety, in fact, ensures that the food is safe for human consumption and involves the handling, preparation, and storage of food to prevent foodborne illness. Food safety considerations involve analysing the origin of food and practices related to food labeling, food hygiene, and food additives. Here are some reasons why food safety is crucial in India:

• Food safety is crucial to prevent microbes and contaminants from entering food and water. These contaminants may result in various diseases and can also destroy valuable nutrients in food
• Food safety is also crucial for consumer protection. It helps in setting standards and reducing the risk of contamination during food preparation and delivery
• Food safety plays a major role in adulteration and quality control. Without regard to food safety and regulations in India, food business operators cannot produce or manufacture any food ingredients
• Fair trade practices are enhanced by adhering to food safety standards in India. Without a licence, it cannot function whether the nation's operator is aware of the regulations and practices.

List of Food Laws In India (1954 - 2006)

• Food Safety and Standards Act, 2006

  The Food Safety and Standards Act, 2006 (Act ID: 34, Act Number: 34 of 2006) was enacted on 23rd August 2006. This comprehensive legislation aims to consolidate the laws relating to food safety and regulation in India.

• Prevention of Food Adulteration Act, 1954

  The Prevention of Food Adulteration Act, 1954 (Act ID: 37, Act Number: 37 of 1954) came into effect on 1st June 1955. This act was established to ensure the prevention of food adulteration and to maintain food quality standards.

• Meat Food Products Order, 1973

  The Meat Food Products Order, 1973, was enacted on 15th July 1975. It outlines the regulations for the production and handling of meat food products to ensure their safety and quality.

• Milk and Milk Products Order, 1992

  The Milk and Milk Products Order, 1992, issued under the Essential Commodities Act, 1955, regulates the production, supply, and distribution of milk and milk products in India to ensure their quality and safety.

• Fruit Products Order, 1955

  The Fruit Products Order, 1955, also under the Essential Commodities Act, 1955, was established to regulate the production and quality of fruit products to ensure consumer safety and standardization.

• The Pure Food Act, 1906

  The Pure Food Act, 1906, is a historical piece of legislation that aimed to establish fundamental standards for food quality and safety during its time.

• The Vegetable Oil Products (Control) Order, 1947

  The Vegetable Oil Products (Control) Order, 1947, issued under the Essential Commodities Act, 1955, regulates the production and distribution of vegetable oil products to maintain quality and prevent adulteration.

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

  The Solvent Extracted Oil, De-oiled Meal, and Edible Flour (Control) Order, 1967, under the Essential Commodities Act, 1955, oversees the production and quality control of these products to ensure they meet safety standards.

• The Edible Oils Packaging (Regulation) Order, 1998

  The Edible Oils Packaging (Regulation) Order, 1998, issued under the Essential Commodities Act, 1955, focuses on regulating the packaging of edible oils to ensure they are packaged and stored in a manner that maintains their quality and safety.

Benefits of Food Safety Regulations

Following are the benefits of Food Safety Regulations:

• Prevention of Food Borne Disease and Fatality

  Food poisoning and other foodborne infections resulting from parasite, viral, or bacterial agents can cause severe health problems such renal failure and even death, along with gastroenteritis and dehydration. Nobody desires to put their health at danger each time they eat.

• Prevents Food Contamination

  Food that is not processed in accordance with stringent safety rules might make people sick. For instance, unpasteurised milk and apple cider, polluted water, alfalfa sprouts, and meat infected with excrement after slaughter are all potential sources of Escherichia coli (E. coli).

• Manage Correct Food Storage

  When high-risk foods are not stored below 5°C or above 60°C, or when raw and cooked meals are not stored separately, food poisoning may occur due to rapid microbial growth. FSSAI outlines this standard to be met by FBOs.

• Management of Food Processing

  Frequent surveillance of food safety regulations by producers, processors, and packagers guards against tragedies like the 2018 listeriosis outbreak that killed over 180 South Africans due to tainted processed meats from one of the country's biggest packaged food companies.

Difference Between Food Laws and Food Standards

• Food Laws

  Food laws provide the legal framework governing food safety and quality, aiming to ensure public health and safety, prevent fraud, and protect consumers. These laws are broad, covering all aspects of food production, processing, distribution, and sale. They are enacted by legislative bodies, such as governments or parliaments, and compliance is mandatory. Violations can lead to legal action, fines, or imprisonment. Food laws are generally less flexible, requiring formal legislative changes for amendments. They include regulations on food additives, contaminants, hygiene, packaging, and labelling, and are implemented through regulations and guidelines issued by authorities. The specifics of food laws vary significantly between countries, though some international harmonisation exists.

• Food Standards

  Food standards set specific criteria that food products must meet, establishing minimum requirements for food safety, quality, and labelling. These standards are narrower in scope, focusing on specific attributes like composition, quality, and labelling, and are developed by regulatory agencies or standard-setting organisations. Compliance with food standards can be either voluntary or mandatory depending on the jurisdiction, with non-compliance potentially resulting in penalties or product rejection. Food standards are more adaptable than food laws, allowing for updates or revisions by regulatory agencies as needed. They specify criteria for ingredients, processing methods, nutritional content, and product labelling, and are often used as benchmarks for certification, product approval, and trade. Many food standards are based on international standards to facilitate global trade and consistency.

Indian Standards and Compulsory Standards

Section 92 (1) of the Food Safety and Standards Act, 2006 empowers the Food Authority to establish regulations and standards consistent with the Act and its associated Rules. After the Food Safety and Standards Act, 2006 was passed, the FSSAI met with a variety of stakeholders and conducted in-depth consultations to draft six main regulations. These rules went into effect on 5 August, 2011, after being published in the Indian Gazette on 1 August 2011.

In order to take into account the most recent breakthroughs in processing technology, food analytical techniques, new product and additive developments, consumption trends, and food science, these rules and standards are regularly reviewed and revised. The goal of this continuing modification is to bring national standards into line with global norms.

The process of formulating and revising regulations and standards involves multiple stages. Recommendations by the Scientific Panel undergo a due process, including validation by the Scientific Committee, before being approved by the Food Authority. After soliciting and considering stakeholder comments, the final notification is issued for implementation. In addition to the six principal regulations notified on 1 August 2011, the following new regulations have been established:

• Food Safety and Standards (Food or Health Supplements, Nutraceuticals, Foods for Special Dietary Uses, Foods for Special Medical Purpose, Functional Foods and Novel Food) Regulations, 2016
• Food Safety and Standards (Food Recall Procedure) Regulation, 2017
• Food Safety and Standards (Import) Regulation, 2017
• Food Safety and Standards (Approval for Non-Specified Food and Food Ingredients) Regulations, 2017
• Food Safety and Standards (Organic Food) Regulation, 2017

Bureau of Indian Standards (BIS)

The BIS certification scheme is voluntary and aims to provide quality, safety, and reliability to consumers. When a product bears the certification mark, also called the Standard Mark, it guarantees that it complies with specifications. The Bureau of Indian Standards (BIS) is involved in creating Indian Standards for the processed food sector and implementing these standards through promotion, voluntary certification, and third-party certification systems. These standards usually address requirements for packaging and labelling, hygienic manufacturing conditions, and raw materials and their quality characteristics. Manufacturers that meet BIS standards can obtain the ISI Mark to display on their product packages. The quality requirements of these standards are higher than those set forth by FSSAI and AGMARK.

BIS is the licensing body for the manufacture of packaged drinking water and mineral water in India and has set requirements for both. Animal products, processed meals, spices, sauces, fruit and vegetable goods are all subject to IS requirements. The BIS checks product quality through its network of testing laboratories and several public and private laboratories recognised by BIS. Many of the standards are based on ISO (International Organisation for Standardisation) standards, which is a global federation of national standard bodies.

• IS 1165 : Milk powder
• IS 1166: Condensed milk, partly skimmed and skimmed condensed milk
• IS 1656: Milk-cereal based weaning foods
• IS 11536: Processed cereal based complementary foods for infants
• IS 12176: Sweetened ultra high temperature treated condensed milk
• IS 13334(Part 1): Skimmed milk powder, standard grade
• IS 13334(Part 2): Skimmed milk powder, extra grade