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The safety of food is vital to all consumers and food businesses. Consumers must have confidence that the food they buy and eat will be what they expect,

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Presentation on theme: "The safety of food is vital to all consumers and food businesses. Consumers must have confidence that the food they buy and eat will be what they expect,"— Presentation transcript:

1 The safety of food is vital to all consumers and food businesses. Consumers must have confidence that the food they buy and eat will be what they expect, Food will do them no harm and that they are protected from adulteration/fraud. The importance of this confidence cannot be underestimated for businesses. Although food safety legislation affects everyone in the country, it is particularly relevant to anyone working in the production, processing, storage, distribution and sale of food, no matter how large or small the business. This includes non-profit making organisations also. FOOD SAFETY AND STANDARDS ACT, 2006

2 The new Act, Rules, and Regulations w.e.f. 5/8/11 1.Food Safety and Standard Act Food Safety and Standard Rules FOOD SAFETY AND STANDARDS (LICENSING AND REGISTRATION OF FOOD BUSINESSES), REGULATIONS FOOD SAFETY AND STANDARDS (PACKAGING AND LABELLING) REGULATIONS, FOOD SAFETY AND STANDARDS (FOOD PRODUCTS STANDARDS AND FOOD ADDITIVES) REGULATIONS, 2011 part I and II 6.FOOD SAFETY AND STANDARDS (PROHIBITION AND RESTRICTIONS ON SALES) REGULATIONS, FOOD SAFETY AND STANDARDS (CONTAMINANTS, TOXINS AND RESIDUES) REGULATIONS, FOOD SAFETY AND STANDARDS (LABORATORY AND SAMPLE ANALYSIS) REGULATIONS, 2011

3 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. 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. FOOD SAFETY AND STANDARDS ACT, 2006

4 Movement from multi-level and multi-department control to a single line of command FSSAI as a single reference point for all matters relating to Food Safety and Standards, Regulations and Enforcement Integrated response to strategic issues like Novel foods, Health Foods, Nutraceuticals, GM foods, international trade etc. Decentralisation of licensing for manufacture of food products Achieve high degree of consumer confidence in quality & safety of food Investors friendly regulatory mechanism with emphasis on self regulations and capacity building SALIENT FEATURE OF THE ACT

5 SALIENT FEATURE OF THE ACT:- Enforcement of the legislation by the State Governments/UTs through the State Commissioner for Food Safety, his officers and Panchayati Raj/Municipal bodies Emphasis on gradual shift from regulatory regime to self compliance through food safety management system. Consistency between domestic and international food policy measures without reducing safeguards to public health and consumer protection Adequate information dissemination on food to enable consumer to make informed choices. Compounding and Adjudication of cases – to reduce Court’s workload and expedite the disposal of cases Graded penalty depending upon the gravity of offences

6 NEW PROVISIONS UNDER THE ACT Regulation of food imported in the country Provision for food recall Surveillance New enforcement structure Envisages large network of food labs New justice dispensation system for fast track disposal of cases Harmonization of domestic standards with international food standards Covering Health Foods, supplements, nutraceuticals

7 Issuing Licenses within a time frame of 2 months Provision of Improvement Notice by Designated Officers Compensation to Victims (for any case of Injury/ Grievous injury/ Death) Reward to informer (informing about the violators –adulteration etc.) by State Govt. No License for small food business operators; only registration is mandatory Central licensing from Authority. NEW PROVISIONS UNDER THE ACT

8 SCOPE OF THE ACT The Act covers activities throughout the food 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.

9 ENFORCEMENT OF THE ACT Authorities responsible for enforcement of Act.- (1) The Food Authority and the State Food Safety Authorities shall be responsible for the enforcement of this Act. (2) The Food Authority and the State Food Safety Authorities shall monitor and verify that the relevant requirements of law are fulfilled by food business operators at all stages of food business. (3) The authorities shall maintain a system of control and other activities as appropriate to the circumstances, including public communication on food safety and risk, food safety surveillance and other monitoring activities covering all stages of food business. (4) The Food Safety Officers shall enforce and execute within their area the provisions of this Act with respect to which the duty is not imposed expressly or by necessary implication on some other authority.

10 (5) The Commissioner of Food Safety and Designated Officer shall exercise the same powers as are conferred on the Food Safety Officer and follow the same procedure specified in this Act. ENFORCEMENT OF THE ACT

11 PROPOSED STRUCTURE OF ENFORCEMENT AT STATE…….

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

13 Commissioner of Food Safety Commissioner of Food Safety appointed by the State Government for implementation of food safety and standards and other requirement of the act. Shall perform following functions - Prohibit manufacture/storage/ distribution / sale of any article of food in the public interest. Carry out survey of food processing Units

14 Conducting or organizing training programmers for different segment of food chain for generating awareness on food safety Ensure an efficient and uniform implementation of standards Ensure high standards of objectivity, accountability, practicability, transparence and credibility Sanction prosecution for offences punishable with imprisonment

15 Designated Officer Designated Officer appointed by the Commissioner Food Safety to be the in-charge of food safety administration of the area. Shall perform the following functions:- to issue or cancel license of food business operators; to prohibit the sale of any article of food;

16 to receive report and samples of article of foods from Food Safety Officer under his jurisdiction and get them analyzed to make recommendations to the Commissioner of Food Safety for sanction to launch prosecutions in case of contraventions punishable with imprisonments

17 to sanction or launch prosecutions in cases of contraventions punishable with fine to maintain record of all inspections made by Food Safety Officers to get investigated any complaint in respect of contraventions of the provisions of act. to investigate any complaint which may be made in writing against the Food Safety Officer

18 Food Safety Officer Food Safety Officer appointed by the Commissioner Food Safety for performing functions under the act. The Food safety Officer may take a sample of any food, or any substance, which appears to him to be intended for sale, or to have been sold for human consumption; seize any article of food which appears to the Food Safety Officer to be in contravention of this Act or the regulations made there under;

19 The Food Safety Officer may enter and inspect any place where the article of food is manufactured, or stored for sale, Seize Any adulterant found in the possession of a manufacturer or distributor of, or dealer, Seize any books of account or other documents

20 This act provides for restriction on advertisement of any food which misleads or contravenes the provisions of the Act or the rules and regulations made there under. It also provides for prohibition as to any unfair trade practice for the purpose of promoting sale, supply, use and consumption of articles of food or adoption of any unfair or deceptive practice to mislead the public regarding the standards, quality, quantity, usefulness or giving of any guarantee of the efficacy that is not based on an adequate or scientific justification thereof. Control on Advertisement

21 PROVISIONS RELATING TO IMPORT An imports of articles of food to be subject to this Act.- No person shall import into India- (i)Any unsafe or misbranded or sub-standard food or food containing extraneous matter; (ii)Any article of food for the import of which a licence is required under any Act or rules or regulations, except in accordance with the conditions of the licence and (iii)Any article of food in contravention of any other provision of this Act or of any rule or regulation made there under or any other Act.

22 SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY Responsibilities of the food business operator.- (l) Every food business operator shall ensure that the articles of food satisfy the requirements of this Act and the rules and regulations made there under at all stages of production, processing, import, distribution and sale within the businesses under his control. (2) No food business operator shall himself or by any person on his behalf manufacture, store, sell or distribute any article of food- (i)Which is unsafe; or (ii)Which is misbranded or sub-standard or contains extraneous matter; or (iii)For which a licence is required, except in accordance with the conditions of the licence; or (iv)Which is for the time being prohibited by the Food Authority or the Central Government or the State Government in the interest of public health; or

23 (v) in contravention of any other provision of this Act or of any rule or regulation made there under. (3) food business operator shall not employ any person who is suffering from infectious, contagious or loathsome disease. (4) No food business operator shall sell or offer for sale any article of food to any vendor unless he also gives a guarantee in writing in the form specified by regulations about the nature and quality of such article to the vendor e.g. bill, cash memo, or invoice etc. SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY

24 Liability of Manufacturers, packers, wholesalers, distributors and sellers.- (l) The manufacturer or packer of an article of food shall be liable for such article of food if it does not meet the requirements of this Act and the rules and regulations made there under. (2) The wholesaler or distributor shall be liable under this Act for any article of food which is- (a)supplied after the date of its expiry; or (b)stored or supplied in violation of the safety instructions of the manufacturer; or (c)unsafe or misbranded, or (d)unidentifiable of manufacturer from whom the article of food have been received; or (e)stored or handled or kept in violation of the provisions of this Act, the rules and regulations made there under; or (f)received by him with knowledge of being unsafe. SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY

25 (3) The seller shall be liable under this Act, for any article of food which is­ (a)sold after the date of its expiry; or (b) handled or kept in unhygienic conditions; or (c) misbranded; or (d) unidentifiable of the manufacturer or the distributors from whom such articles of food were received; or (e) received by him with knowledge of being unsafe. SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY

26 Food recall procedures.- (l) If a food business operators considers or has reasons to believe that a food which he has processed, manufactured or distributed is not in compliance with this Act, or the rules or regulations, made there under, he shall immediately initiate procedures to withdraw the food in question from the market and consumers indicating reasons for its withdrawal and inform the competent authorities thereof. (2) A food business operator shall immediately inform the competent authorities and co-operate with them, if he considers or has reasons to believe that a food which he has placed on the market may be unsafe for the consumers. SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY

27 (3) The food business operator shall inform the competent authorities of the action taken to prevent risks to the consumer and shall not prevent or discourage any person from co-operating, in accordance with this Act, with the competent authorities, where this may prevent, reduce or eliminate a risk arising from a Food. (4) Every food business operator shall follow such conditions and guidelines relating to food recall procedures as the Food Authority may specify by regulations. SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY

28 Quality & Safety Regulations #Subject to contentProvision under the FSS Act Total sections101 2RulesRules published 3Central Advising authority Food Safety and Standard Authority of India and Central Advisory Committee 4ChairmanP. I. Suvarthan. 5 Duties & functions of Food Authority Prescribed u/s 16 6State Authority Mr. H. G. Koshia, Commissioner of Food Safety, Food & Drugs Control Administr5ation, Gujarat State. 7Local Health Authority Designated officer (Appointed from present staff) (Section-36) 8Enforcing staff Food Safety Officer (Appointed from present staff) (Section-37) 9Sample Analizer Food Analyst ( Appointed from present staff) (Section- 45) The Path of Convergence of the Prevention of Food Adulteration Act 1954 to the Food Safety and Standards Act 2006.

29 Quality & Safety Regulations #Subject to contentProvision under the FSS Act Food sample analytical laboratory Laboratories to be recognized by FSSAI and acriditiesed by NABL. Temporary relief is given. 11 No. of days for analysis 14 days from receipt of sample 12Food Recall ProcedureYes, Section-28 13Prohibition of Food Category of Unsafe Food added to adulterated, Misbranded and contravention of any other provisions (Section-26) 14Liability of Food Seller Provision made for sale of expired food or handled or kept in unhygienic condition (Section-27) 15Food Recall procedures Provision made under section 28 by which Food business operator can recall food if he believes that it contravenes provision of the act. 16Food Safety Audit Recognition of organization or agency for food safety audit by the Food Authority. 17Food samplingDivide a sample into 4 parts. The Path of Convergence of the Prevention of Food Adulteration Act 1954 to the Food Safety and Standards Act 2006.

30 Quality & Safety Regulations # Subject to content Provision under the FSS Act Dispatch of sample * 1 Part to The Food Analyst * 2 Parts to the Designated officer * Fourth part to the Accredited laboratory if requested by the Food business operator to the Food Safety Officer. 19Penalty  Penalty for selling food not of the nature or quality demanded, or substandard food (up to 5 lakh Rs.)  Misbranded food (up to 3 lakh Rs.)  Misleading advertisement (upt o 10 Lakh Rs.),  Food containing extraneous matter (up to 1 lakh Rs.),  Failure to comply with the directions of FSO (upto 2 lakh Rs.),  Unhygienic processing (up to Rs. 1 lakh),  possessing adulteration : * Not injurious up to 2 lakh * injurious up to 10 lakh  For no specific provision (up to 2.0 lakh Rs.) 20PunishmentPunishment for Unsafe food :- * Not injurious - Jail up to six months & fine up to 1 lakh. * Non grievous injury- Jail up to 1 year & fine up to 3 lakh. * Grievous injury- Jail up to 6 years and fine up to 5 lakh. * Death - Jail more than 7 year & up to life term and fine not less than 10 lakh. The Path of Convergence of the Prevention of Food Adulteration Act 1954 to the Food Safety and Standards Act 2006.

31 Quality & Safety Regulations #Subject to contentProvision under the FSS Act Punishment for subsequent offence * twice the punishment of the 1st conviction. * Further fine on daily basis which may extend up to 1.0 lakh where the offence is continuing one * Cancellation of licence with publication. 22Licensing Registration Provision for licence and new provision of registration introduced for petty business operators (Section-31) 23Improvement notice Provision made under Section-32. DO shall give the notice to FBO to comply with the provision of the act. 24Prohibition orders Any Food business operator is convicted of an offence the court may issue prohibitory order after hearing of FBO regarding use process, equipment, premises. 25SurveillanceSection 30(2) (b) Commissioner empowered - to carryout survey of industrial units. 26Sanction for prosecution Sanction to be given by Commissioner of Food safety in offences punishable with imprisonment (Section 30 (2) (e) 27Procedure for launching of prosecution. D.O. shall decide whether the offence is punishable with imprisonment or fine only after receiving report from Public Analyst, and shall forwarded with recommendation to Comm. of Food Safety for offences of imprisonment within 14 days of receipt of PA report. The Comm. shall give his consent and concerned F.I. shall launch prosecution. The Path of Convergence of the Prevention of Food Adulteration Act 1954 to the Food Safety and Standards Act 2006.

32 Quality & Safety Regulations #Subject to contentProvision under the FSS Act Appeal for Retest An appeal for against the report of Food Aalyst shall lie before the D.O. who shall decide that the sample be send to the referral laboratory or not for opinion. ( Section 46 (4) ) 29 Power to Compound offences The Commissioner of Food Safety may by order may empower Designated Officer to accept from petty manufactures who himself manufacture and sell any article of food, retailers hawkers etc. against whom a reasonable belief exists for an offence, payment of a sum of money by way of composition of the offence ( Section 69 ) 30 General provisions relating to penalty. - Fine upto Rs. 1.0 lakh & relieve of custody. Guideline is given for quantum of penalty based on nature of contravention ( Section 49 ) 31Adjudication - The adjudicating officer after giving opportunity of hearing in the matter and if on such inquiry believes that the person has committed offence may impose such penalty as per section Adjudicating officer shall have the powers of a civil court. 32 Food Safety Appellate Tribunal To hear the appeals against the decision of the Adjudicating officer under Section Civil Court not to have jurisdiction No Civil court shall have jurisdiction to entertain any suit or proceeding in respect of matter which an Adjudicating officer or the Tribunal is empowered under FSSA Act. ( Section-72) 34Provision of special court & public prosecution State / Central Government empowered for it. ( Section 74 ) The Path of Convergence of the Prevention of Food Adulteration Act 1954 to the Food Safety and Standards Act 2006.

33 Quality & Safety Regulations #Subject to contentProvision under the FSS Act Time limit for prosecution No court shall take cognizance of an offence under this act after the expiry of the period of 1 year from the date of offence (Section 72) 36 Reward by State Government The state Government may empower the commissioner to order payment of reward to be paid to a person. who renders assistance in the detection of the offence or the apprehension of the offender (Section 95) 37Recovery of penalty shall be recovered as an arrear of land revenue and defaulter's licence shall be suspended till the penalty is paid (Section 96) 38 Milk and Milk Products order, 1992 Deemed to be regulations under this act (Section 99) 39Infant Milk substitute, feeding bottles and Infant foods. Amendments to the infant milk substitutes, Feeding Bottles and Infand Food. (Regulation of production, Supply, ad Distribution Act 1992 included (Section 100) The Path of Convergence of the Prevention of Food Adulteration Act 1954 to the Food Safety and Standards Act 2006.

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35 License: - Under the purview of Central Licensing Authority [3.2.2(3)] 1Dairy units >50,000 liter of liquid milk/day or 2500 MT milk solid/year 2Vegetable oil processing & solvent extracting unit>2 MT/day 3Slaughter houses 50 large animals or >150 small animals or.1000 poultry birds 4Meat processing>500 kg/day or.>150 MT/ year 5 All food processing units including repackers other than above except grain, cereals & pulses milling units >2 MT/ day 6100 % EOU 7All importers importing food items for commerce use. 8All Food Business Operators manufacturing any article of food which does not fall under any of the food categories prescribed under regulations. 9 Retail chains in 3 or more states 10Food catering in establishments & units under Central Government Agencies like Railway, Air, Seaport, and Defense

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