The Indian food processing industry is among the largest in the nation in terms of growth, production, consumption and exports. The industry produces several food products such as meat, poultry, fisheries, fruits, vegetables, spices, milk and milk products, alcoholic beverages, plantations and grains. The Food industry in India comprises various segments such as fisheries, plantations, fruits and vegetables and confectionery, to name a few.
India’s Food ecosystem offers huge opportunities for investments with stimulating growth in the food retail sector, favourable economic policies, and attractive fiscal incentives. Food safety is a top concern for Food and Beverage companies and for a good reason. Not only does it help to ensure the safety of your consumers, but it also prevents severe consequences like hefty fines and irreparable damage to your company’s reputation.
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.
Notification Index – February, 2023:
| Sl. | Particulars | Link (s) |
| 1 | Circular No:22/2022-23-Information on Registration Regulations prescribed by People’s Republic of China-reg | Click Here |
| 2 | Empanelment-M/S. Gogoi Innovation, Tingkhong- Turmeric Boiler And Spice Slicing Machine | `[ Click Here |
| 3 | Indian Spice News January 2023 | `[ Click Here |
| 4 | Empanelment- Post Harvest Mechanisation – Approval for Manufacturer / Company – reg | 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 February, 2023
| Sl. | Particulars | Relevant Link (s) |
| 1 | Enforcement regarding compliance with the standards for Non-Carbonated Water Based Beverage (Non-alcoholic) under Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011 [Updated on:01-02-2023] | Click Here |
| 2 | Rate of testing fee- effective from 1st Dec 2021 [Updated on:08-02-2023] | Click Here |
| 3 | Corrigendum order dated 19th January 2023 related to revised rate of testing Testing Fee [Updated on:08-02-2023] | Click Here |
| 4 | Ease of Doing Business: Reduction of the initial application fee for FSSAI License [Updated on:10-02-2023] | Click Here |
| 5 | De-recognition and de-notification of in-house testing laboratories of Food Business Operators [Updated on:16-02-2023] | Click Here |
| 6 | Direction under section 16 (5) and 18 (2) (d) of the FSS Act, 2006 for keeping in abeyance the compliance of quality parameters ‘Alcoholic acidity’ and ‘Total Dietary fibre’ in Bajra Flour (Pearl Millet Flour), Jowar Flour (Sorghum Flour), Multigrain flour (atta), Mixed millet flour and re-operationalization of the revised ‘Moisture content’ specifications for Mixed millet flour [Updated on:16-02-2023] | Click Here |
| 7 | Implementation of Traceability Application under Repurpose Used Cooking Oil (RUCO) Initiative [Updated on:24-02-2023] | Click Here |
| 8 | Extension of Requirement of Health Certificate accompanied with the import of food consignments [Updated on:24-02-2023] | Click Here |
| 9 | Press Release on Millet Standards in Hindi [Updated on:24-02-2023] | Click Here |
| 10 | Press release on standards of Millet [Updated on:24-02-2023] | Click Here |
Key Notification in Brief:
1. Food Safety and Standards Authority of India Financial Regulations, 2023
As the Food Safety and Standards Authority of India (Financial) Regulations, 2022 were published in line with the requirement of section 92 of the Food Safety and Standards Act, 2006 (34 of 2006) via the notification of the Food Safety and Standards Authority of India denoted as F. No. 11012/038/2016-2017/FSSAI/F&A on 24th May, 2022 in the Gazette of India, Extraordinary, Part III, Section 4 asking for objections and suggestions from those likely to be affected before lingering for a period of thirty days from the occasion when copies of Official Gazette comprising the aforementioned communication became accessible to people; And provided that duplicates of said Gazette were made accessible to public on 27.05.2022.
As no objections and recommendations emerged from public concerning referred-to draft regulations; Therefore, under powers conferred by clause (t) of sub-section (2) of section 92 collaborating with subsection (2) section 81 making use of aforementioned Act, the Food Safety and Standards Authority formulated following regulations
- To read more: Click Here
2. Ensuring Quality of Non-Carbonated Water Base Beverage with FSSAI Compliance
Food Safety and Standards Authority of India(FSSAI) has come forward with enforcement in connection with adherence to the criteria for Non-Carbonated Water Based Drink (Non-intoxicating) under Food Safety and Standards (Food Item Criteria and Food Additives) Regulations, 2011.
FSSAI had revised Regulations 2.10.6 (3) under the Food Safety and Standards (Food Products Standards and Food Additives) Regulation, 2011 via Gazette Notification number F. No. 1-116/Scientific Committee /Notif.28.4/2010-FSSAI(l) on 26th July 2021 with relevant modified stipulation as follows: Non-carbonated Water Based Beverages (Non-Alcoholic) means beverages containing water conforming to the standards prescribed for packaged drinking water or mineral water under these regulations without added carbon dioxide and shall contain ingredients as specified in sub-clause (i) singly or in combination.
- To read more: Click Here
3. FSSAI revises standards of Basmati Rice, fowl eggs, limits of naturally occurring formaldehyde in marine fish etc
The Food Safety and Standards Authority of India(FSSAI) has emphasized on the draft Food Safety and Standards (Food Products Standards and Food Additives) Amendment Regulations, 2021. Notably, it was published on 14th October, 2021 in the Gazette of India, Extraordinary, Part III, Section 4 as per sub-section (1) of section 92 of the Food Safety and Standards Act, 2006 (34 of 2006) vide notification of the Food Safety and Standards Authority of India, F.No. Std/Notifications/35.1/2021.
The apex body of food safety has invited objections and suggestions from all persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which the copies of the Official Gazette containing the said notification were made available to the public.
The copies of the above-mentioned Gazette were made available to the public on the 20th October, 2021.
The Food Safety and Standards Authority of India hereby makes the following regulations to amend the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, namely: – 1. (1) These regulations may be called the Food Safety and Standards (Food Products Standards and Food Additives) First Amendment Regulations, 2023.
- 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 (window for return filing for FY 2020-21 will open wef 1″ April 2021 onwards).
Food Safety Compliance System (FoSCoS) is an enhanced version of Food Licensing and Registration System (FLRS) which was launched in 2012 for issuance of pan-India FSSAI Licenses and Registration. FoSCoS shall also be integrated with other platforms of Government of India such as GST, PAN, MCA etc. further ease out the processes for businesses and also ensure a 360 degree profiling of businesses.
- Types of FSSAI returns
1. 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.
2. FSSAI Form D2 (Half-Yearly Return) Form D2 is a half-yearly return. The FBO involved in the business of manufacturing or importing milk or milk products is required to file Form D2.
Every Business involved in food manufacturing, import, and export of food products or selling is required to file for the FSSAI annual return. Also, those who are involved in the manufacturing and distribution of dairy products should file for a half-yearly return.
Legal Metrology related Amendment:
- The Legal Metrology (Packaged Commodities) Amendment (Amendment) Rules, 2023
The Ministry of Consumer Affairs, Food and Public Distribution has released the Legal Metrology (Packaged Commodities) Amendment (Amendment) Rules, 2023 to amend the Legal Metrology (Packaged Commodities) Rules, 2011.
Central Government has extended the Due Date for the implementation date of Unit Sale Price declaration till 01.04.2023 (earlier due date was 01.02.2023).
A packaged commodity of less than one kg quantity should have ‘unit sale price’ per gram along with the total MRP of the product (subject to Legal Metrology provisions related to exemption). Earlier applicable due date was 01.10.2022 then 01.12.2022 and then 01.01.2023and then 01.02.2023. But now it is effective from 01st April, 2023.
- Fewer metrology cases post pandemic
The number of cases registered by the legal metrology department has significantly decreased after the pandemic. Despite citizens’ concerns over the increase in prices of essential commodities during the Covid-19 induced lockdown, only 33% of the total 99,789 cases registered after the formation of Telangana were registered after 2019.
The number of cases registered in previous fiscal years is as follows: 10,216 (2014-15), 17,978 (2015-16), 13,009 (2016-17), 12,996 (2018-19), and 12,565. In more recent years, the department registered 10,153 (2019-20), 6,884 (2020-21), 9,702 (2021-22), and 6,286 cases (till December 2022). Between 2014 and 2022, the department collected a fee of `52.26 lakh.
The legal metrology department is authorised under the Legal Metrology Act, 2009, to impose penalties for compounding offences such as using non-standard weight or measure, manufacturing or selling non-standard weight or measure, making any transaction in contravention of prescribed standards and various other offences.
- To read more: Click Here
Corporate News
1. Packaging violations: Legal Metrology dept nets Rs 6 crore fine
The state collects Rs 4 crore to Rs 6 crore in fines for violations in product sales and packaging, according to seven years’ data from the Legal Metrology Department. In 2021-22 alone, the department collected fines of Rs 6.6 crore.
Packaging violations include charging more than the MRP, the package containing a smaller quantity than what’s printed on the label, etc. Another major category of violations is shopkeepers using weights and measures that are not verified by the department, or are not re-verified periodically, says Legal Metrology Controller Dr Rajendra Prasad.
The department had levied fines of Rs 6.1 cr in 2015-16. In the next three years, the amount declined, to the range of Rs 3.8 cr to Rs 4.5 cr annually. Read more at: Click Here
2. FSSAI specifies comprehensive group standard for millets from September
The Food Safety and Standards Authority of India has specified a comprehensive group standard for millets vide Food Safety and Standards, Second Amendment Regulations, 2023 and this will be enforced from September 1 onwards.
Currently, individual standards for only a few millets like sorghum (jowar), whole and decorticated pearl millet grain (bajra), finger millet (ragi) and amaranth are prescribed in the Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011.
The FSSAI has now framed a comprehensive group standard for 15 types of millets specifying 8 quality parameters like maximum limits for moisture content, uric acid content, extraneous matter, other edible grains, defects, weevilled grains, and immature and shrivelled grains, so as to ensure availability of good quality (standardised) millets in domestic and global markets.
This will provide an opportunity to increase global production, efficient processing and better use of crop rotation and promote millets as a major component of the food basket.
Most of millet crops are native of India and they provide most of the nutrients required for normal functioning of human body. Millets are also gluten-free; low in Glycemic Index (GI); and rich in dietary fibre and micronutrients, including calcium, iron, phosphorus etc.
- (Read More at: Click Here)
3. FSSAI considers symbol-based nutrition labels for food items
The FSSAI may make it necessary for packaged food items to have a label in front of the pack that will be based on recognisable symbols on the basis of how much energy, saturated fat, total sugar, sodium, and essential nutrients the packet contains per 100 gm or 100 ml.
India’s food regulator may introduce Front of Pack Labelling on packaged items that will inform consumers about the nutritional value of the food, according to people familiar with the matter. The food regulator began discussions last year on these lines and also proposed an Indian Nutrition Rating for packaged food items sold in the market based on their overall nutritional status.
“FSSAI has Draft notified FSS (Labelling and Display) Amendment Regulations 2022 on 13th September 2022 wherein Indian Nutrition Rating has been proposed as a format for Front of Pack Labelling for making informed food choices. The same was open for comments till 18th November, 2022. The comments received are under consideration,” the regulator said in a response to a query on the matter.
“Summary labels provide a brief and concise overview of the product’s key features and benefits, often including information about positive as well as negative nutrients,” it said. “Warning labels, on the other hand, provide information about potential hazards associated with the product as they take into consideration the nutrients of concern like sugars, fats and salt.” This was a cross-sectional study conducted among 3231 participants (2,616 adults and 615 adolescents ) who share responsibility of shopping for food in their homes from five regions of India – north (Delhi), east (Kolkata), west (Pune), south (Hyderabad) and northeast (Jorhat, Assam).
“In the present study, it was observed that even though the percentage of participants reading nutrition information is low, the participants checking the veg/non veg symbols and quality symbols was higher,” said the researchers of the study. “Therefore, FOPNL (front of the pack nutrition label) on pre-packaged processed foods are likely to have good uptake among India population as they are symbol-based.”
“Alternatively, in the context of growing overweight, obesity and non-communicable diseases, if the FOPNL has to serve as a preventive tool and deter the consumers from consumption of nutrients of concern, then warning indicator labels could be helpful,” she said.Read More at: Click Here
4. FSSAI to grant approval for renewal of licences or regn sans scrutiny
The FSSAI has decided to grant approval for renewal of licences/ registration of food business operators without requiring the scrutiny of the concerned authority.
The food authority has issued an order, in this regard, and stated that it was done to streamline the process of licensing/registration and its renewal by the food authority while this order shall be applicable on the applications submitted on or after Jan 12, 2023.
However, the FSSAI has also specified the conditions for such ‘grant of approval’ to the food businesses for renewal of licences/registration.
According to the FSSAI, the FBOs were required to meet ‘conditions’ to be able to avail the instant renewal benefit of the licences that include ‘No change in the existing details of the licence/registration shall be allowed, validity in case of licence shall be for one year only. The FBOs whose licence/registration was cancelled or suspended, will not be allowed to renew.’
These conditions along with a declaration is also sought from the FBO regarding permissions from Central Ground Water Authority, if applicable, along with declaration that the FBO does not hold more than one active licence/registration to any other food business(s) at the same premises. (Read More at: Click Here)
5. DPIIT working on quality control orders with BIS
The Department for Promotion of Industry and Internal Trade (DPIIT) is working on quality standards for several products, such as lighters, with a view to promote domestic manufacturing of quality goods, a senior official said Friday.
These will also help in containing import of substandard goods. DPIIT joint secretary Sanjiv said the “aim is to promote production of high-quality products”.
The department is continuously engaged with the Bureau of Indian Standards (BIS) and the concerned stakeholders for the identification of products for which quality control orders (QCOs) could be issued. If a QCO is issued on a product, it must carry the quality certification mark of the BIS.
- (Read More at: Click Here)
FSSAI CASE LAWS
Hard-won gutka ban is now under threat. This time from courts
Are pan masala, gutka, zarda, khaini food or tobacco? Indian manufacturers are challenging state bans and courts are the battleground.
The persistent effort of India’s smokeless tobacco industry to skirt around the decade-old ban and re-introduce gutka, pan masala, khaini, zarda and other products is showing results. Two judgments — by the Delhi and Madras High Courts — in the last six months lifted the states’ ban on the sale of chewing tobacco, calling the prohibitions unjustified and illegal. The Telangana High Court asked the police not to raid, seize, or stop the sale and manufacture of chewing tobacco in September 2022.
The bans are currently under India’s food law. The Delhi High Court bought the argument of the petitioners’ (manufacturers, traders, distributors) that the products should be regulated under the Cigarette and Other Tobacco Products Act (COTPA) 2003. The Madras High Court, however, disagreed on this aspect.
Chewing or smokeless tobacco was first banned by Maharashtra in 2002. Ten years later, state food commissioners followed suit. These bans were renewed annually, which kept the cheap, deadly tobacco sachets off the shelves. But Delhi and Madras high courts’ decision to lift the ban has left public health experts worried. They fear that if other courts uphold the same verdict, markets will get flooded with chewing tobacco and pan masala again. Easy availability will drive the number of tobacco consumers up. A direct consequence of higher consumption of smokeless tobacco would be increased disease burden, especially of head and neck cancers (throat, nose, mouth, sinuses, larynx), they say. (To read more: Click Here)
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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.
