All About Food Safety And Standards Act, 2006

KEY TAKEAWAYS

5. The Food Safety and Standards Act, 2006 attained the assent of the President on 23rd August, 2006.
5. It is an Act to consolidate the laws relating to food and to secure the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to supervise their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for connected and incidental matters.
5. Section 4 of the Act provides for the Establishment of Food Safety and Standards Authority of India. The Food Safety and Standards Authority of India (FSSAI) is an independent body established under the Ministry of Health & Family Welfare, Government of India.
5. Even with adequate statutes and legal backing, non-compliance of these safety standards and guidelines are still a pressing issue that needs rectification.

INTRODUCTION

Food safety is of utmost importance in today's society. With the rise of food borne illnesses and the increasing globalization of the food industry, it is essential for individuals and businesses to adhere to food safety guidelines. These guidelines are designed to ensure the safe handling, preparation, and storage of food to prevent potential health risks. The Food Safety and Standards Act (FSSA) is a legislation passed by the Government of India in 2006 to ensure the safety and quality standards of food products in the country. This act aims to regulate the entire food chain, from production to consumption, to ensure the maintenance of food hygiene and the prevention of foodborne diseases. Until this law came into picture, the following acts were complied with to regulate the food security in the country:

• Vegetable Oil Products (Control) Order, 1947
• Prevention of Food Adulteration Act, 1954
• Fruit Products Order, 1955
• Meat Food Products Order, 1973

A few other acts were also implemented. However, the Government passed the FSS Act in 2006, which was a combination of all the terms and regulations mentioned in the above acts together.

OBJECTIVES OF THE ACT

1. Food Safety and Hygiene: The FSSA focuses on ensuring food safety and hygiene throughout the food supply chain. It establishes guidelines and standards for the production, processing, storage, and distribution of food products to prevent contamination.

2. Quality Assurance: The FSSA emphasizes the importance of maintaining food quality throughout the production process. It aims to ensure that food products meet the required standards in terms of nutritional value, taste, and freshness.

3. Food Labeling: The FSSA requires food manufacturers to provide accurate labeling information to consumers. This includes details such as ingredients, nutritional value, allergens, and best before or use by dates.

4. Sanitation and Hygiene: The FSSA emphasizes the importance of maintaining sanitation and hygiene at food establishments such as restaurants, street food vendors, and food processing units. It sets standards for cleanliness, pest control, and waste management to prevent food contamination.

5. Food Recall and Withdrawal: The FSSA empowers authorities to take necessary actions such as food recall or withdrawal in case of any food safety issue. This helps in protecting consumers from consuming contaminated or substandard food products.

6. Food Import and Export: The FSSA regulates the import and export of food products to ensure their safety and quality. It establishes procedures for assessing and evaluating imported food products and imposes restrictions on those that do not comply with safety standards.

7. Enforcement and Penalties: The FSSA provides mechanisms for the enforcement and monitoring of food safety and quality standards. It establishes penalties for non-compliance, including fines, imprisonment, or both, to promote accountability and deterrence.

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA (FSSAI)

Section 4 of the Act provides for the Establishment of Food Safety and Standards Authority of India. The Food Safety and Standards Authority of India (FSSAI) is an independent body established under the Ministry of Health & Family Welfare, Government of India. It was established in 2006 under the Food Safety and Standards Act, 2006, which combines several acts and orders that had handled food-related concerns in different ministries and departments. The topmost responsibility of FSSAI is to protect and promote public health through the regulation and supervision of food safety by enforcing strict guidelines. In FSSAI, the executive chairperson is a non-executive member appointed by the central government who isn't below the rank of Secretary to the Government of India. Sudhansh Pant currently serves as the head of FSSAI, while Ganji Kamala V. Rao is the chief executive officer. The FSSAI is headquartered in New Delhi. Additionally, the authority has regional offices in Delhi, Mumbai, Kolkata, and Chennai. A total of 22 referral laboratories are notified by FSSAI, 72 state/UT laboratories are located throughout India, and 112 private laboratories are notified by FSSAI that are NABL accredited.

FUNCTIONS OF FFSAI

1. Formulation of Standards: FSSAI is responsible for formulating science-based standards for food products. These standards cover a wide range of parameters such as composition, contaminants, additives, and labeling to ensure the safety and quality of food products.
2. Licensing and Registration: FSSAI issues licenses and registrations to food businesses based on their scale of operation. This ensures that food businesses comply with the prescribed standards and regulations, promoting food safety across the supply chain.
3. Food Safety Surveillance and Monitoring: FSSAI conducts regular surveillance and monitoring of food products in the market to identify and address potential safety risks. This includes testing samples and monitoring compliance with established standards.
4. Promotion of Food Safety Education and Training: FSSAI works towards creating awareness about food safety among consumers, food businesses, and other stakeholders. It conducts training programs and campaigns to educate people about safe food practices.
5. Research and Development: FSSAI encourages and supports research related to food safety. This involves collaborating with research institutions and organizations to advance scientific knowledge in the field of food safety and standards.
6. Regulation of Imports: FSSAI regulates the import of food products into India to ensure that imported foods meet the prescribed safety and quality standards. This involves inspection and certification of imported food consignments.
7. Setting up Laboratories: FSSAI establishes and recognizes food testing laboratories across the country. These laboratories play a crucial role in analyzing food samples to determine compliance with standards.
8. Consumer Grievance Redressal: FSSAI provides a platform for consumers to register complaints related to food safety issues. It investigates these complaints and takes appropriate actions to address concerns and ensure compliance.
9. Coordination with State Authorities: FSSAI collaborates with state food authorities to implement and enforce food safety standards at the regional level. This involves capacity building, training, and coordination to strengthen the overall food safety framework.
10. International Cooperation: FSSAI engages in international collaboration and cooperation with other food regulatory authorities and organizations to stay updated on global best practices, share information, and enhance India's standing in the global food trade.

JUDICIAL PRONOUNCEMENTS

1. Nemi Chand vs. State Of Rajasthan (2016) 1 FAC 561 (SC)

The Supreme Court held in this case that The Prevention of Food Adulteration Act, 1954 has been repealed by the Food Safety and Standard Act, 2006, w.e.f. 5.8.2011 and under the Food Safety and Standards Act, 2006, certain punishable acts are not punishable with imprisonment and only penalty can be imposed and the applicant / accused is entitled to get the benefit under the changes in the law.

2. Jeetmal Ramesh Kumar vs. The Commissioner, Food Safety & Drug Administration Department, Chennai & Others, W.P.(MD)No.778 of 2019

It was decided in this case by the Madras High Court whether tobacco and tobacco products fit under the definition of food, despite the Hon'ble Supreme Court's decision on more than one occasion that tobacco products and tobacco products are covered by the Food Safety and Standard Act, 2006. Furthermore, when a special law was enacted specifically to deal with tobacco and tobacco products, namely cigarettes and other tobacco products, the petitioner asserts that advertisement regarding trade and commerce was prohibited. As a result of the Cigarettes and Other Tobacco Products Act 2003 being enacted, the Food Safety and Standard Act, 2006 no longer applies and has been negatived by various courts as well.

3. State (Nct Of Delhi) vs. Sanjay, Criminal Appeal No. 499 of 2011

The Apex Court held that there is no bar to prosecute persons under Indian Penal Code if cognizable offence is made out even if the offence under the Food Safety and Standard Act is performed. The Apex Court has observed that if there is no particular bar, the cognizance can be taken by the police on the basis of FIR if cognizable offence is committed.

4. Kamal Khare vs. State Of M.p. And Others, WP No. 22290/2019

The Court in this case has considered the issue that if in case of violation of Food Safety and Standard Act, 2006 (FSSA), the provisions of NSA can be invoked. The Full Bench has laid down that two Acts operate in different areas. Former is based on the act already done by a person, the later is based on likelihood of his acting in a manner similar to his past acts and preventing him for repeating the same. The Full Bench has also reiterated the distinction between law and order and public order and has ruled that the degree of disturbance upon the life of the community would establish whether it affects public order.

CHALLENGES AND WAY FORWARD

Approximately 1,411 prosecution cases have been filed by the Food Safety and Standards Authority of India (FSSAI) against food business operators (FBOs) since April for violating food safety laws. The cases cover several violations, including operating without a license and selling food that is unsafe to consume. FSSAI has been testing food products across various realms to ensure adherence with safety standards. FBOs found in violation of the rules will be subject to legal action including fines.

Since the beginning of this financial year, different categories of food products like milk and milk products, spices, packaged drinking water, nutraceuticals, sauces, pickles, chips, jaggery, etc. have been tested to certify compliance with product standards and safety of the same. FSSAI, along with states/UT food authorities, is constantly monitoring the quality and safety of food products for consumers in the country by making and testing samples. It can be seen that even with regulatory bodies, such as the Food Safety and Standards Authority of India (FSSAI), that have the authority to take legal action against non-compliant food businesses, there is still failure among FBO’s to strictly comply with the guidelines and safety standards which poses a serious threat to the public health. To avoid these consequences, it is crucial for food businesses to proactively comply with food safety and standards regulations, implement good manufacturing practices, undergo regular inspections, and stay informed about updates in food safety standards. Additionally, consumer education and awareness campaigns play a vital role in promoting a culture of food safety and encouraging responsible practices within the food industry.

CONCLUSION

The Food Safety and Standards Act play a crucial role in ensuring the safety and quality of the food we consume. By setting standards and regulations, the act aims to reduce the risk of foodborne diseases and safeguard the health of consumers. It serves as a comprehensive framework for regulating the food supply chain and promoting food safety in India. Food safety guidelines play a vital role in protecting public health, preventing foodborne illnesses, and ensuring the integrity of food. Adhering to these guidelines is not just a legal requirement but also a moral responsibility. By prioritizing food safety, individuals, businesses, and the food industry as a whole can contribute to a healthier and safer society.