Navigating the Food Law Landscape in India: January 2025 Update

Food Law NEWSLETTER47th Monthly EDITION – January, 2025(1st Dec. to 31st Dec. 2024)

Food Sector / Industry in India

The food sector, a cornerstone of public health and economic development, operates within a complex web of laws and regulations. These regulations aim to ensure the safety, quality, and fair trade of food products. Understanding these laws is crucial for businesses to remain compliant and competitive.

With increasing global emphasis on sustainability, businesses must align with eco-friendly practices, including waste reduction, sustainable sourcing, and carbon footprint minimization.

Navigating the food sector’s regulatory frameworks demands a proactive and informed approach. By prioritizing compliance and leveraging technology, businesses can not only mitigate risks but also build trust and enhance their market reputation. Adherence to these laws not only safeguards public health but also propels the food industry towards sustainable growth.

• 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 – November, 2024:

Sl.	Particulars	Link (s)
1	Circular No. 20/2024-25 – Inclusion of ETO test for chilli and chilli products consignments exported from India to UK under mandatory sampling & testing programme – reg	Click Here
2	Comprehensive guidelines on preventing EtO contamination in Spices Exported from India – Revision – Issuance of Document No.SB/EXP/SOP/02 Rev .02 – reg.	Click Here
3	Revised TA Processing	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 December, 2024

Sl.	Particulars	Relevant Link (s)
1	Addition of Food Products under High Risk Food Categories subsequent to the omission of mandatory BIS Certification [Updated on:29-11-2024]	Click Here
2	Advisory for e-commerce FBOs on Strengthening Food Safety Compliance [Updated on:03-12-2024]	Click Here
3	Revised list of FSSAI notified laboratories for testing of fortificants in Fortified Rice (FR), Fortified Rice Kernel (FRK) and Vitamin-Mineral Premix for Fortified Rice Kernel [Updated on:18-12-2024]	Click Here
4	Sample Quantity of Imported Vitamin D2 [Updated on:20-12-2024]	Click Here

• Key Notification in Brief:

1. Mandatory PAN compliance for FSSAI License/Registration

The Food Safety and Standards Authority of India (FSSAI) has made it mandatory for food business operators (FBOs) to link their Permanent Account Number (PAN) to their FSSAI licenses and registrations. This order was issued on November 13, 2024, and is effective from October 22, 2024.

Key Points:

• New Applications: All new applications for FSSAI licenses and registrations must include the PAN number of the FBO.
• Renewals and Modifications: Existing FBOs whose renewal or modification is not imminent are required to update their PAN details on the FoSCOS portal as soon as possible.  
• Purpose: The FSSAI aims to use PAN as a unique identifier for food businesses, facilitating better tracking and compliance monitoring.

Important Considerations:

• Accuracy of PAN Details: Ensure that the PAN number provided is correct and matches the FBO’s legal identity.
• Timely Update: Existing FBOs should update their PAN details on the FoSCOS portal to avoid any compliance issues.
• Compliance with Other Regulations: Remember to comply with other relevant regulations and guidelines issued by the FSSAI.
• Declaration for Non-PAN Holders: If an FBO does not possess a PAN, they must submit a declaration to that effect.

By adhering to this new PAN compliance requirement, food businesses can maintain regulatory compliance and contribute to a safer and more transparent food industry.

• 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

1. FSSAI mandates quarterly reporting of expired, rejected food items

Food safety regulator FSSAI has ordered licensed food manufacturers and importers to submit quarterly data on rejected and expired food items through its online compliance system FOSCOS to prevent their resale for human consumption.

The Food Safety and Standards Authority of India (FSSAI) directive, issued on December 16, also applies to repackers and relabellers.

The new reporting requirements cover three key areas: quantity of products failing internal quality testing or inspection; volume of expired or returned products from the food supply chain; and detailed records of product disposal, including destruction, auction, or alternative use, with specific buyer and waste disposal agency information.

The move is aimed at preventing rebranding and resale of expired and rejected food items for human consumption under the guise of cattle feed.

This initiative will enable real-time tracking of rejected or expired goods and their subsequent disposal or auction for non-human consumption purposes, FSSAI said.

While the FOSCOS (Food Safety and Compliance System) reporting function is still being developed, the regulator has asked food businesses to begin collecting the required data to ensure readiness for submission when the system becomes operational.

• Read more at: Click Here

2. FSSAI, BMC partner to take steps to make street food safer & more hygienic in Mumbai

In a significant move to improve food safety standards, the Food Safety and Standards Authority of India (FSSAI) and the Brihanmumbai Municipal Corporation (BMC) signed a Memorandum of Understanding (MoU) to collaborate on enhancing food safety practices among street food vendors in Mumbai. The MoU was signed by G. Kamala Vardhana Rao, CEO of FSSAI, and Bhushan Gagrani, Municipal Commissioner of BMC, in the presence of Pritee Chaudhary, Regional Director of the West Region, and other senior officials from both organizations.

Aims to Train Over 10,000 Street Food Vendors

This partnership is aimed at promoting hygiene, cleanliness, and food safety among Mumbai’s street food vendors, who serve millions of people daily. As per the official release, the initiative will involve training over 10,000 street food vendors across the city on best practices related to food handling, personal hygiene, storage, and contamination prevention. The training program will also address measures to ensure the quality of food and prevent health risks, benefiting both the vendors and the consumers.

FSSAI Provides Technical Support, BMC Handles Logistics

As part of the collaboration, FSSAI will provide technical support, including identifying qualified trainers and developing training materials. On the other hand, BMC will facilitate the logistics, such as organising venues for the training, mobilising vendors, and overseeing the overall process.

Enhancing Public Health and Consumer Confidence

“By equipping street food vendors with these essential skills, the partnership aims to improve public health, boost consumer confidence, and elevate the overall food safety standards in Mumbai,” said the release. To read more: Click Here

3. FSSAI reclassifies packaged drinking water as high-risk, mandates stricter checks

The FSSAI has reclassified packaged drinking water and mineral water as a high-risk food category, mandating stricter regulatory controls and annual facility inspections. The move, effective immediately following an order dated November 29, requires manufacturers to undergo mandatory third-party food safety audits and comply with enhanced quality standards.

Central licence holders in this category must now submit to annual inspections aimed at mitigating potential health risks associated with packaged water production.

The reclassification by the Food Safety and Standards Authority of India (FSSAI) follows recent amendments to the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, which previously removed mandatory BIS certification requirements for certain food products.

The reclassification is designed to strengthen consumer protection and maintain rigorous quality control in the packaged water industry.

• Read More at: Click Here

4. Assam’s Legal Metrology Department Issues Essential Advisory for Vendors and Consumers

The Controller of Legal Metrology, Assam, has issued an essential advisory to ensure accurate measurement practices across businesses and safeguard the interests of both vendors and consumers. Awareness and adherence to the prescribed guidelines are pivotal to fostering transparency in trade and protecting consumer rights. Here’s a comprehensive overview of the key directives aimed at promoting compliance and ethical business practices.

The use of weighing and measuring instruments in businesses, such as spring balances, platform machines, weighing bridges, measuring tapes, and meter counters, must comply with mandatory verification rules. Instruments like spring balances and platform machines require annual calibration, while weights, scales, and counter machines must undergo biennial verification under legal provisions. This ensures accuracy in measurement and prevents any unintentional discrepancies in trade transactions.

For imported packaged goods, it is legally required that all declarations are clearly stated on the package. These include the name and address of the importer, the actual weight of the item, and its maximum retail price (MRP). Any violation of these norms, such as selling goods at prices exceeding the MRP, is a punishable offence under the law. Consumers are urged to remain vigilant and report discrepancies if any are found.

In the trade of precious metals like gold and silver, transactions should strictly follow the metric system to ensure transparency and fair pricing. Furthermore, when purchasing LPG cylinders, consumers must verify the cylinder’s seal and weight to avoid potential malpractice. These measures are designed to ensure safety and fairness for all stakeholders involved.

The Department of Legal Metrology, Assam, urges consumers and businesses alike to embrace these guidelines to create a marketplace built on trust, accuracy, and fairness. Let us work together to uphold these values and ensure an equitable trading environment for all, stated a press release. (Read More at: Click Here)

5. Government Launches Unified Legal Metrology Portal eMaap

Department of Consumer Affairs, Government of India, developing National Legal Metrology Portal (eMaap) for ensuring fair trade, consumer protection and a centralized database of all stakeholders

The Department of Consumer Affairs, Government of India, is developing the National Legal Metrology Portal (eMaap) to integrate State Legal Metrology Departments and their portals into a unified National System. This initiative aims to streamline processes for issuing licenses, conducting verifications and managing enforcement and compliance. By creating a centralized database, eMaap eliminates the need for stakeholders to register on multiple State Portals, fostering ease of doing business and transparency in trade practices.

Presently, State Governments are using their own portals for registration of packaged commodities, issue of licenses and verification/stamping of weighing & measuring instrument.  However, the enforcement activities and compounding of offences, etc. are not online.  Therefore, Department of Consumer Affairs is integrating all the state portals in one as National Legal Metrology Portal ‘eMaap’ which will include all functions of Legal Metrology including enforcement and help to get a unified data base.

A series of consultations were held under the Chairpersonship of the Secretary (Consumer Affairs) to shape the portal’s development. On 30th August 2024, a hybrid meeting with Controllers of Legal Metrology and their representatives with NIC to discuss the initial framework. Another hybrid meeting under the Chairpersonship of the Secretary (Consumer Affairs) was held on 28th November 2024, involving key stakeholders such as Industries and Industry Associations viz. FICCI, CII, PHD, ASSOCHAM, etc., representatives of State Legal Metrology Departments and NIC team, focused on refining the portal to better serve traders, manufacturers, packers, importers of packaged commodities and manufacturers, dealers & repairers of weighing & measuring instrument.  Suggestions received during these discussions are being carefully examined and incorporated to make the portal efficient and user-friendly.

eMaap simplifies critical procedures such as issuing, renewing, and amending licenses, as well as handling verification & stamping of weighing & measuring instrument, registration certificates, and appeals, etc.  For traders and industries, it minimizes compliance burdens, reduces paperwork and ensures timely adherence to the provisions of the Legal Metrology Act, 2009 and Rules made thereunder, creating a transparent and conducive business environment. The portal is also expected to significantly boost manufacturing growth by fostering efficiency and accountability. (Read More at: Click Here)

6. BIS holds meeting on standardisation efforts in Ayush sector

The Bureau of Indian Standards, Chennai, (BIS) organised a sensitisation meeting with the ayurveda, siddha, Unani Drugs Industry Association, and drug manufacturers on standardisation efforts in the Ayush sector in the city on Thursday.

A press release said the industry associations were asked to implement the Indian Standards in the Ayush sector, including Indian Standards Institution (ISI) certification. The participants were also briefed on standardisation activities within the Department of Ayush, which was recently established as a collaborative initiative between BIS and the Ministry of Ayush.

Meenakshi Ganesan, Deputy Director General (Southern Region), BIS, G. Bhavani, Head, BIS Chennai Branch, and Kiruthiga G., member secretary of AYD 05 from BIS, Ayush Department, New Delhi, also spoke.

• (Read More at: Click Here)

7. Nearly 12% of Indian spices failed FSSAI quality and safety standards, international countries tighten controls: Report

The FSSAI tested 4,054 spice blend samples after Hong Kong suspended sales of some MDH and Everest blends due to high levels of a pesticide

Close to 12% of all tested spice samples in India, the world’s largest exporter, producer and consumer of spices, failed to meet quality and safety standards, according to a Reuters report which cited data obtained from the Food Safety and Standards Authority of India (FSSAI).

474 out of 4,054 samples tested by the FSSAI between May and early July did not meet quality and safety parameters.

The FSSAI conducted inspections, sampling and testing of mixed spice blends after Hong Kong suspended sales of some blends of the MDH and Everest brands in April due to high levels of a pesticide.

MDH and Everest’s spices are among the most popular in India and are also sold in Europe, Asia and North America. India’s domestic spice market was valued at $10.44 billion in 2022, according to the report which cited Zion Market Research data. (Read More at: Click Here)

• FSSAI CASE LAWS

• Section 59 of Food Safety and Standards Act overrides Sections 272 and 273 of Penal Code: Supreme Court

[Ram Nath v. State Of Uttar Pradesh, 2024 SCC OnLine SC 177, decided on 21-02-2024]

In an appeal challenging order passed by the Division Bench of Allahabad High Court on 5-10-2010, surrounded on the interplay between the provisions of Chapter IX of Food Safety and Standards Act, 2006 (‘FSSA’) and Sections 272 and 273 of Penal Code, 1860 (‘IPC’), the Division Bench of Abhay S. Oka* and Sanjay Karol, JJ. clarified that FSSA had an overriding effect on other laws. Therefore, the Court quashed and set aside the impugned order.

On 11-05-2010, the State govt. issued an order empowering the authorities to initiate prosecutions under Sections 272 and 273 of IPC as well as under the Prevention of Food Adulteration Act, 1954 (‘PFA’). On 28-08-2010, a First Information Report (‘FIR’) was lodged by a food inspector representing the Regional Food Controller against the appellant alleging that he continued to carry on with the business of selling commodity of mustard oil in the absence of a license and adulterated the mustard oil, edible oil and rice bran oil. The appellant filed a petition under Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) seeking to quash prosecution for offences punishable under Sections 272 and 273 of IPC. However, the same was dismissed by the High Court.

The Court perused Section 3 (zz) of FSSA defining unsafe food and commented that “the concept of unsafe food is more comprehensive than the concept of adulterated food. Unsafe food means an article of food whose nature, substance or quality is so affected as to render it injurious to health.” The Court further hinted towards Sections 3(zx) and 3(a), 48(1) to conclude that “if a person knows that a particular article of food is being offered for sale or distribution for human consumption and adds any adulterant to the food, he renders the food article injurious to health.” …

The Court found that in the instant case when offence under Sections 272 and 273 was made out, offence under Section 59 of FSSA would be attracted. It expressed that “We have no manner of doubt that by virtue of Section 89 of the FSSA, Section 59 will override the provisions of Sections 272 and 273 of the IPC. Therefore, there will not be any question of simultaneous prosecution under both the statutes.”

The Court therefore allowed the two appeals and set aside the impugned orders, quashed and set aside the offences and kept the authorities at liberty to initiate appropriate proceedings as per law, FSSA in the instant matter. (To read more: Click Here)

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• 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.

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/

December, 2024

Volume 47*