Food Law NEWSLETTER45th Monthly EDITION – November, 2024(1st Oct. to 31st Oct. 2024)
Food Sector / Industry in India
The food industry and Fast-Moving Consumer Goods (FMCG) sector are heavily regulated to ensure consumer safety, quality standards, and fair trade practices. These industries are subject to a complex web of laws and regulations, which vary by country and jurisdiction. By understanding and complying with the relevant laws and regulations, food industry and FMCG companies can protect public health, maintain brand reputation, and ensure long-term sustainability.
Food Safety and Standards Act, 2006: This is the primary legislation governing food safety and standards in India. It establishes the FSSAI and outlines its powers and functions. Food laws are essential for protecting public health and ensuring consumer safety. They help to prevent foodborne illnesses, food adulteration, and other food safety hazards.
By understanding and adhering to these food laws, businesses in the food industry can contribute to a safer and healthier food environment in India.
- Spices Board of India
Spices Board is the flagship organization for the development and worldwide promotion of Indian spices. The Board is an international link between the Indian exporters and the importers abroad. The Spices Board of India is an Indian government organization responsible for the development and promotion of spices exports from India.
Notification Index – October, 2024:
| Sl. | Particulars | Link (s) |
| 1 | Circular No. 16/2023-24 – Renewal Applications for Certificate of Registration as Exporter of Spices (CRES) — reg. | Click Here |
| 2 | Schedule for conducting E-auctions at Puttady and Bodinaykanur E-auction centres from 22.10.24 to 09.11.24 | `[ Click Here |
- Regulatory Updates:
A ‘Notification’ means a notification published in the Official Gazette and the expressions ‘notify’ and ‘notified’ shall be construed accordingly. Any Notification has to be notified by way of publication and once it is done, it is said to be notified.
Many Amendments came in from time to time in this sector / industry and some key amendments are reproducing here for your kind perusal:
Notifications Of the month of October, 2024
| Sl. | Particulars | Relevant Link (s) |
| 1 | Notice dated 01st October, 2024 for Seeking Public Comments on Ayurveda Aahara [Uploaded on : 01-10-2024] | Click Here |
| 2 | Mandatory use of test report formats as per Food Safety and Standards Rules, 2011 and amendments thereof and Food Safety and Standards (Import) Regulation, 2017 with NABL symbol [Updated on:16-10-2024] | Click Here |
| 3 | Implementation of Agreement signed between FSSAI, Ministry of Health and Family Welfare, Government of India and Bhutan Food and Drug Authority (BFDA) [Updated on:17-10-2024] | Click Here |
| 4 | Food Safety and Standards (Prohibition and Restrictions on Sales) first Amendment Regulations, 2024 relating to omission of the provision for mandatory BIS/Agmark certification [Updated on:22-10-2024] | Click Here |
| 5 | Food Safety and Standards (Contaminants, toxins and Residues) First Amendment Regulations, 2024 relating to tolerance limit of antibiotics and crop contaminants [Updated on:22-10-2024] | Click Here |
| Draft Notifications | ||
| 6 | Draft Food Safety and Standards (Prohibition and Restrictions on Sales) Amendment Regulations, 2024 relating to omission of restriction related to Salseed fat [Uploaded on : 07-10-2024] | Click Here |
| 7 | Draft Food Safety and Standards (Licensing and Registration of Food Business) Amendment Regulations, 2024 relating to hygienic requirement for primary producer and provision of digitisation of license & registration [Uploaded on : 07-10-2024] | Click Here |
| 8 | Draft Notification of Food Safety and Standards (Import) Amendment Regulations, 2024 [Uploaded on : 07-10-2024] | Click Here |
| 9 | Draft Notification of Food Safety and Standards (Food Products Standards and Food Additives) Amendment Regulations, 2024 relating to milk fat composition, fermented milk, Haleem, garam masala, dried peppermint, Indigotine and processing aids [Uploaded on : 07-10-2024] | Click Here |
| 10 | Draft Food Safety and Standards (Contaminants, Toxins and Residues) Amendment Regulations, 2024 relating to limits of metal contaminant, Crop contaminants & naturally occurring toxic substances and antibiotic | Click Here |
- Key Notification in Brief:
1. FSSAI Order dated 30th September, 2024 regarding waiving of registration fees for Hawkers
The FSSAI order dated 30th September, 2024, waives the registration fees for hawkers. This order was issued under Section 16(5) of the Food Safety and Standards Act, 2006. The waiver is effective from 28th September, 2024.
The kind of business for hawkers for applying registration is “Food Services -> Hawker (Itinerant / Mobile food vendor)”.
Hawkers can register on the FSSAI’s online platform, FoSCoS.
This initiative is expected to encourage more hawkers to register with the FSSAI, leading to better oversight of food safety practices in the informal sector.
- To read more: Click Here
- Compliance Mechanism under FSSAI
- Mandatory Compliance w.e.f. 1st April 2021
FSSAI Registration is a basic license and it is required for all the FBOs involved in the small-scale food business. Online submission of Annual Returns on Food Safety Compliance System (FOSCOS – Click Here) shall be made mandatory for food businesses involved in manufacturing and importing of food products, wef FY 2020-21 (wef 1″ April 2021 onwards).
FSSAI Form D1 (Annual Return) All food importers, manufacturers, packers, labellers, re-labellers and re-packers must mandatorily file form D1 with the FSSAI licensing authority.
Every Business involved in food manufacturing, import, and export of food products or selling is required to file for the FSSAI annual return on or before 31 May of every financial year.
- Corporate News
- FSSAI May Scrutinise Quick Commerce, E-Commerce Platforms for Food Safety Violations
The Food Safety and Standards Authority of India (FSSAI) is likely to examine quick commerce and e-commerce platforms over violations of the Food Safety and Standards Amendment Regulations 2020, a source told Outlook Business.
Among other things, the act mandates that sellers and platforms can only list and deliver food items with at least 30 percent of their shelf life remaining, or a minimum of 45 days before expiration. The provision of the act says, “Any food article delivered to a consumer by e-commerce FBO shall have a shelf life of 30 percent or 45 days before expiry at the time of delivery to the consumer.”.
FSSAI violations on quick commerce and e-commerce platforms would mean increased scrutiny of the dark stores in the form of unscheduled audits. FSSAI expressing caution about pre-packaged food items being sold on these platforms isn’t a new thing.
Additionally, a recent survey by community platform LocalCircles highlights that several online platforms have delivered products with low shelf life remaining to them. Just to give an example, a bread packet with a shell life of around 5-7 days is being delivered by these platforms with just 1 day remaining. The survey highlights that the platforms are violative of the Packaged Commodity Rules Amendment 2017 and the Food Safety and Standards Amendment Regulations 2020. As per the survey, some of the platforms that have been non-compliant include Meesho, Instamart, Blinkit, Zepto, Lenskart, Snapdeal, Jio, Decathlon and Myglamm. Read more at: Click Here
2. FSSAI is now more pro-active, industry-centred with fast responses: Nestle
There has been a dramatic change in the tone and tenor of FSSAI, and the Indian food regulator has now become more pro-active and industry-centred with fast responses in the last decade, said Nestle India Chairman and Managing Director Suresh Narayanan.
Moreover, with the setting of more NABL-accredited laboratories by different leaders of FSSAI, the credibility of the testing process has also increased, said Narayanan, who led Nestle India after the Maggi crisis, which unfolded almost a decade back.
In June 2015, FSSAI banned Maggi noodles for allegedly containing lead beyond permissible limits, forcing the company to withdraw the product from the market.
Industry observers opine that only after the Maggi crisis did the FSSAI come into the limelight across the country though it was established almost seven years ago, in September 2008, to lay down science-based standards for food articles and rules and regulations.
Nestle has sold over six billion servings of Maggi, making India the largest market for Maggi worldwide, the company disclosed in its latest annual report earlier this year.
When asked about the evolution of FSSAI as a regulator in the last decade after the Maggi crisis, Narayanan said it “has come a very long way”.
Even earlier this year in April, FSSAI had collected pan-India samples of Nestle’s Cerelac baby cereals amid a global report, claiming the company was adding higher sugar content to the product.
FSSAI ban was stayed by the Bombay High Court over the petition filed by Nestle India.
Subsequently, FSSAI moved to the Supreme Court, which directed NABL (National Accreditation Board for Testing and Calibration Laboratories) accredited CFTRI to clarify if the results of sample tests on Maggi Noodles show lead and monosodium glutamate (MSG) levels to be within the permissible limits.
The results were forwarded to the Supreme Court on April 11, 2016, stating that 29 tested samples showed lead levels within permissible limits.
Later, in April 2024, the apex consumer forum body NCDRC dismissed the petition filed by the government, seeking damages of ₹640 crore from Nestle over the Maggi issues.
National Consumer Dispute Redressal Commission (NCDRC) had dismissed the two petitions filed by the Ministry of Consumer Affairs, seeking compensation of ₹284.55 crore and punitive damages of ₹355.41 crore.
- To read more: Click Here
3. Govt Sends Notices To Quick Commerce Firms For Non Compliance With Legal Metrology Act
The Indian government has sent notices to several quick commerce and e-commerce firms for non-compliance with the Legal Metrology Act, a source told Outlook Business. The act relates the production and sale of packaged goods in India.
As per a PTI report, Consumer Affairs Secretary Nidhi Khar also said recently that the government was checking if the companies were adhering to the Legal Metrology Act. Khar reportedly said, “We are examining mandatory disclosures on packaged products sold via quick commerce companies.”
This comes after a study was conducted by community platform LocalCircles, where it was highlighted that consumers regularly reported non-compliance related to the display of MRP and Best Before Dates (human consumption products) by e-commerce platforms.
Legal Metrology Packaged Commodity Rules (PCR) 2017
With the intent to protect consumer interest and unfair trading practices, the act governs the packaging and labeling of commodities that are sold in India. With regards to prepackaged commodities for retail sale, the act indicates that certain declarations should be made public for the benefit of consumers. This includes the name and address of manufacturer/packer & manufacturer (if manufacturers are not packers)/importer, country of origin if imported, and “best before or use by date, month, and year.”
- Read More at: Click Here
4. Purchase gold wisely this Dhanteras: Govt urges festive shoppers to buy BIS hallmarked gold jewellery
The Bureau of Indian Standards (BIS), supported by Hallmark’s longstanding trust, encourages consumers to purchase gold and silver with a thoughtful approach as the festival of Dhanteras is near. Dhanteras is when families purchase gold, representing prosperity, good fortune, and security for the future.
BIS has played a key role in pushing this shift, encouraging consumers to make informed selections by emphasizing the value of hallmarked gold and silver jewelry.
Importance of hallmarking
Hallmarking in gold jewellery comprises of 3 markings; namely the BIS Standard Mark, Purity of Gold in carats & fineness; and 6-digit Alphanumeric HUID code. HUID – Hallmarking unique ID is a unique 6-digit alphanumeric code which is marked on each gold jewellery article.
Hallmarking charges for gold
“Consumers are also empowered now to verify the authenticity of HUID on Hallmarked gold jewellery by using the ‘Verify HUID’ icon on the BIS Care App. The hallmarking charges for gold jewellery are Rs 45/- per article, excluding taxes. Consumers can get their Hallmarked jewellery tested at any of the BIS recognized Assaying and Hallmarking Centres (AHCs) after paying testing charges of Rs. 200,” said stated the PIB release.
How to check purity of gold using BIS app
To check the authenticity of the hallmarking, download the BIS CARE application from the Google Play Store or Apple App Store and log in using your name, phone number, and email address.
To verify jewellery hallmarking, you should go to the “verify HUID” section. Once you click on the “verify HUID” option, you will be directed to a screen where you can type the HUID of the gold jewellery you want to purchase.
Then click on the search option. It will show your all the HUD details of the gold jewellery including the jeweller’s registration number, the assaying and hallmarking centre, AHC registration number, AHC address, the article type, the date of hallmarking, and purity. Select ‘Know your Standards’ for information on any indian standard, Licenses against it and laboratories for this product.
- (Read More at: Click Here)
5. Apeda’s revised guidelines on organic products ready, to help raise exports
India’s organic products exports, after dipping from a high of over $900 million in 2020-21, has started picking up this year with 30 per cent jump so far, said Apeda (Agricultural and Processed Food Products Export Development Authority) Chairman Abhishek Dev.
He also said the agency is in the process of finalising the revised guidelines under National Programme of Organic Products (NPOP) after a gap of 10 years, which will ease the process for the grower groups to change the certification agency.
NPOP Revamp
The first objective is to simplify the language of the NPOP, ensuring greater clarity and eliminating ambiguity, he said. Secondly, transparency is a key focus. Certifying agencies will now be required to make all information about farmers and grower groups publicly accessible on the Apeda website, allowing anyone to verify details through a central link.
Besides, there has been a mobile app developed through which geo-tagging of the locations will be done to verify landholdings of the growers, he added. Each Internal Control System (ICS) office will display the details of the growers’ groups, he said and added that these data will also be shared with local authorities including panchayats and district agriculture office.
Certification agencies
He also said that admitted enquiry by Apeda in the past found that the local officials were not aware about the growers’ groups. The export development body had initiated enquiry in 2022-23 after organic farmers of Madhya Pradesh had complained of false data about them mentioned in some ICS.
Currently, there are 36 certification agencies operational under NPOP after the Sikkim State Organic Certification Agency was suspended following detection of irregularities in certifying non-organic, non-Basmati rice as organic non-Basmati rice, leading to a sudden jump in export of organic rice. The government on September 28 removed export ban on non-Basmati white rice. (Read More at: Click Here)
6. Orders for eateries to display owners’ names: Understanding food safety laws in states
The Uttar Pradesh government last week made it mandatory for food establishments to “prominently” display to customers the names of “the operator, proprietor, manager, and other relevant personnel”. A day later, Himachal Pradesh minister Vikramaditya Singh said that in his state too, “every eatery and fast food cart will have to display the owner’s ID”.
So what information are food establishments required to display under the FSSA? Can the government of a state ask for additional information to be displayed, and are there any penalties for not doing so?
What are the regulations for selling food in India?
Anyone who intends to operate a food business is required to either register or license their business from the Food Safety and Standards Authority of India (FSSAI), a body established under the FSSA to monitor and create regulations for how food should be processed, distributed, sold, and imported to ensure “safe and wholesome” food.
Under the Food Safety and Standards (Licensing and Registration of Food Businesses) Rules, 2011 (enacted under the FSSA), “Petty Food Manufacturers” such as small-scale food businesses, hawkers, vendors, and stall holders, are required to register with the FSSAI.
If the registration is approved, the Petty Food Manufacturer receives a registration certificate and a photo identity card “which shall be displayed at a prominent place at all times within the premises or vehicle or cart”.
Do states have the power to make rules under the FSSA?
Section 94(1) of the FSSA states: “Subject to the powers of the Central Government and the Food Authority to make rules and regulations respectively, the State Government may, after previous publication and with the previous approval of the Food Authority… make rules to carry out the functions and duties assigned to the State Government and the State Commissioner of Food Safety under this Act and the rules and regulations made thereunder”.
Matters on which state governments can make rules are detailed in Section 94(2). Under Section 94(2)(a), states can make rules on matters that come under “other functions of the Commissioner of Food Safety under clause (f) of sub-section (2) of section 30”.
The UP government statement issued on September 24 said “necessary amendments should be made to the Food Safety and Standards Act to ensure compliance”.
What can happen if any provisions, rules, and regulations under the FSSA are violated?
If a Food Business Operator fails to comply with any provision of the FSSA or its accompanying regulations, the food authority can serve an ‘Improvement Notice’ upon them under Section 31 of the Act. The notice will include the grounds for believing that the food business has failed to comply with the FSSA, the measures it must take, and the time period for compliance (minimum 14 days). A business that fails to comply with this notice may have their licence suspended or, in case of further non-compliance, even cancelled.
Can a state government’s directives under FSSA be challenged in court?
One of the grounds on which the earlier UP and Uttarakhand police directives were challenged was that the orders effectively forced individuals to reveal their religious and caste identities.
During the hearing in the SC on July 22, the petitioners argued that the orders discriminated against individuals on the grounds of religion, violating Article 15(1) of the Constitution, which states “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.”
- (Read More at: Click Here)
- FSSAI CASE LAWS
- FSSAI revokes suspension order of KFC’s Devanahalli outlet’
The primary reason for the suspension of the licence was the alleged use of synthetic magnesium silicate, a chemical supposedly not approved for use in food preparation.
The Food Safety and Standards Authority of India (FSSAI) revoked the licence suspension order served to KFC’s Devanahalli branch, which has resumed full operations.
The FSSAI had suspended the licence of the popular fast-food chain’s Devanahalli outlet on August 3 following an inspection by the state health department officials. The officials allegedly found that the outlet was using chemicals to purify used cooking oil. Known for its fried chicken, KFC was under scrutiny as the health department investigated to determine the extent of the violations.
Apart from KFC’s branch, the inspection also led to the suspension of licences of several other establishments. Nupa Technologies, a poultry-focused startup and Mamta Agency, both in BBMP South, and Vishal Bar and Restaurant in Mysuru had their FSSAI licence suspended. The drive was initiated after Health Commissioner Randeep D who directed Karnataka FSSAI Commissioner Srinivas K to carry out the inspections.
- (To read more: Click Here)
- Disclaimer:
The content of this article is intended to provide a general guide to the subject matter. Every effort has been made to keep the information cited in this Newsletter error-free. Suggestions and feedback to improve the task are welcome. The contents of this newsletter are for information purposes only and do not constitute an advice or a legal opinion and are personal views of the author. In no event the author shall be liable for any direct, indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information.
| Volume 45* |
| November, 2024 |
The author can be approached at cslalitrajput@gmail.com. // +919625483520 (W).
| Prepared & Compiled by: Lalit RajputCompany SecretaryCell: +91 8802581290Email: cslalitrajput@gmail.com LinkedIn: https://www.linkedin.com/in/cslalitrajput/ |
