Food Law NEWSLETTER38th Monthly EDITION – March, 2024(1st Feb. to 29th
Food Sector / Industry in India
FSSAI is the apex regulatory body responsible for ensuring the safety and quality of food products in India. It issues licenses to food businesses and provides guidelines for food safety standards. The FSSA is the primary legislation governing food safety in India. It establishes the Food Safety and Standards Authority of India (FSSAI) to regulate and supervise food safety.
FSSAI conducts surveillance, monitoring, and inspection of food products and food businesses to ensure compliance with the regulations.
The FSSAI has leveraged technology to streamline processes such as licensing, registration, and monitoring. The introduction of tools like the Food Safety Compliance System (FoSCoS) has improved efficiency in compliance management.
- 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 – February, 2024:
| Sl. | Particulars | Link (s) |
| 1 | CIRCULAR NO.15/2023-24 – Introduction of online payment gateway in ESS for real time payment of analytical charges/ Health Certificate fees by exporters -reg | Click Here |
| 2 | RENEWAL OF CERTIFICATE OF REGISTRATION AS EXPORTER OF SPICES (CRES) — 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, 2024
| Sl. | Particulars | Relevant Link (s) |
| 1 | Notification of Authorised Officer under Section 25 read with section 47 (5) of FSS Act, 2006 and Regulation 13 (1) of FSS (Imports) Regulations, 2017 [Updated on:02-02-2024] | Click Here |
| 2 | Order dated 02nd February 2024 w.r.t Usage of the term “ORS” along with brand names [Updated on:05-02-2024] | Click Here |
| 3 | 43rd meeting of the Food Authority approves amendments to streamline Food Safety and Standards Regulations | Click Here |
| 4 | Suspension of Quality Research and Analytical Labs Pvt. Ltd., New Delhi [Updated on:13-02-2024] | Click Here |
| 5 | Time-bound processing of applications for Licenses marked for inspections [Updated on:23-02-2024] | Click Here |
| 6 | Draft Guidelines for prevention and regulation of Greenwashing. | Click Here |
| 7 | Draft Guidelines for Prevention of Misleading advertisement in Coaching |
- Key Notification in Brief:
1. FSSAI’s Approach to ‘ORS’ in Food Products
In a recent development, the Food Safety and Standards Authority of India (FSSAI) issued a significant order on July 14, 2022, addressing the usage of the term “ORS” along with brand names by Food Business Operators (FBOs). This decision aims to provide clarity and guidelines for FBOs holding valid trademarks for product names resembling ‘ORS.’
Approaches to ‘ORS’ in Food Products
- The FSSAI has considered the complexities surrounding this matter and has decided to permit FBOs with valid trademarks to manufacture products using names similar to ‘ORS’ under their respective trademarked names. This allowance remains in effect until a final decision is received from the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM), binding on all FBOs.
- Following discussions with the CGPDTM, it has been clarified that, as per the Trade Marks Act of 1999, FBOs can use the term “ORS along with other prefixes or suffixes” as a whole. This clarification relieves FBOs seeking clarity on using this specific term in their product names.
- To ensure transparency and avoid any confusion among consumers, the FSSAI has outlined specific conditions for FBOs manufacturing products with names incorporating “ORS along with other prefixes or suffixes.”
The key directives are as follows:
- FBOs are permitted to use the term “ORS along with other prefixes or suffixes” as a whole, aligning with Section 17 of the Trade Marks Act, 1999.
- FBOs must prominently declare on the Front-of-Pack that ‘The product is NOT an ORS formula as recommended by WHO’ or use similar phrases without altering the intended meaning. The font size for this disclaimer must adhere to specified dimensions based on the product’s display panel size.
- In addition to the above, FBOs must comply with sub-regulation 4(7) of the FSS (Advertising and Claims) Regulations, 2018. This involves stating a disclaimer on the front of the product packaging, clarifying that it is only a brand name or trademark and does not represent its true nature.
- All concerned FBOs are required to ensure compliance with these directives from April 1, 2024.
- 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).
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.
Every Business involved in food manufacturing, import, and export of food products or selling is required to file for the FSSAI annual return.
- The due date to file the FSSAI form D1 by the FBOs is on or before 31 May of every financial year.
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- Legal Metrology related Amendment:
- the Legal Metrology (Packaged Commodities) 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 01.01.2024 (earlier due date was 01.10.2023).
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 then 01.01.2023, then 01.02.2023 then -1.04.2023 and then 01.06.2023 and then 01.07.2023 etc.. But now it is effective from 01st day of January, 2024.
- Reference: Click Here
- Corporate News
- FSSAI seeks information from Maharashtra FDA on action on McDonald’s operator claims
The Food Safety and Standards Authority of India (FSSAI) is learnt to have sought information from Maharashtra’s Food and Drug Administration (FDA) regarding its recent action on McDonald’s restaurant operator, Westlife Foodworld. Maharashtra FDA had accused the restaurant operator of making misleading claims related to the use of substitutes instead of real cheese.
Sources said the food safety authority has expressed concerns over the matter and has sought details from the Maharashtra FDA regarding this issue. “The food safety authority may also come out with an advisory soon asking players in the restaurant industry to ensure they are in adherence with food safety regulations especially when it comes to labelling and claims,” sources added.
Inspecting outlets
According to media reports, Maharashtra FDA has now said that it will also be inspecting outlets of other fast-food chains for food regulation violations.
In a statement released on February 23, Westlife Foodworld said that “genuine, high-quality cheese is used in all its cheese-containing products.” “We are actively engaging with the competent authorities on this issue and awaiting their final clarification.We have always been adhering to stringent food standards and are fully compliant with all applicable food laws,” the statement added.
- Read more at: Click Here
2. Nutraceutical industry growing beyond expectations: FSSAI chief
India’s nutraceutical industry with current market size of USD 4 billion is growing rapidly beyond everyone’s expectations, Food Safety and Standards Authority of India (FSSAI) CEO Kamala Vardhana Rao said on Thursday.
Addressing an event organised by industry body Assocham, Rao said, “…The nutraceutical industry is not just growing but flourishing at a rapid rate, surpassing all expectations.” The focus on nutritional and food security has intensified due to rise in demand and supply, he said, adding that the regulatory role becomes paramount to ensure safety and efficacy of products amid tinkering in the genetics of foodgrains like wheat and rice.
The Harmonized System is a standardised numerical method of classifying traded products.
Assocham National Wellness Council Co-Chair and Aroma Magic Chairperson Blossom Kochhar, Zeon Lifesciences Ltd Chairman and Managing Director Suresh Garg, SHEFEXIL Chairman Lal Hingorani and Tech Sci Research Vice President Alwin Samuel were also present at the event.
- To read more: Click Here
3. BIS, AGMARK certification no longer must for food products: FSSAI
The Food Safety and Standards Authority of India (FSSAI) in its 43rd meeting decided to do away with the need for Bureau of Indian Standards (BIS) or AGMARK certification for food products which have FSSAI license with them.
This means that once a Food Business Operator (FBO), from a small seller to a big firm, has received a FSSAI certification, they won’t be required to get a separate certification from Agmark or BIS for quality standards.
“After the amendments are finalized, food businesses would not have to go to different authorities for mandatory certification with only FSSAI certification being made mandatory for food products,” an official statement said.
The FSSAI authority comprises representatives from different ministries that include Commerce, Consumer Affairs, Law, Micro Small and Medium Enterprises, States, and industry players.
The Union Secretary of Health and Family Welfare is the Chairman of the FSSAI and also chairs the food authority meeting where these amendments were finalized.
The FSSAI also decided to bring about set standards for ‘Haleem’ as part of standards for meat products.
Haleem is a dish made of meat, pulses, grains, and other ingredients, which currently does not have any set standards.
- Read More at: Click Here
4. Safety first: FSSAI imparts training to food handlers of government canteens
The Food Safety and Standards Authority of India (FSSAI) has started training food handlers at the Bhawans of all states and Union Territories, and government office canteens in the national capital.
So far, they have trained food handlers in Bihar, Karnataka, Maharashtra and Sikkim Bhawans. The next training is planned for Bhawans of Andhra Pradesh, Telangana and Manipur.
There are Bhawans of 34 states and UTs in the capital. According to FSSAI officials, they plan to cover all of these.
The exercise to train food handlers has been undertaken as part of FSSAI’s endeavour to enhance the food safety ecosystem nationwide through its flagship programme of Food Safety Training and Certification (FoSTaC), designed to impart training to food handlers involved in the food business.
In the four-hour-long training session, the food handlers were taught food safety rules and regulations, keeping personal hygiene, allergen management, food operation and control, documentation and records, labelling, training methodologies and emerging trends in the food industry.
FSSAI has also imparted training to food handlers at the Department of Personnel and Training, North Block. “These training programmes are aimed at enhancing food safety standards across state/UT Bhawans and canteens of government offices,” a statement said, adding, “It will be a significant step towards fostering a safer and healthier food environment for citizens of India.”
The initiative is in line with the announcement of training of 25 lakh food business operators by FSSAI in the next three years, a promise made by Union Minister Health and Family Welfare Minister Mansukh Mandaviya on World Food Safety Day last year.
- (Read More at: Click Here)
5. FSSAI emphasises adoption of bio-pesticides in tea production
Food regulator FSSAI CEO G Kamala Vardhana Rao on Friday stressed on adoption of bio-pesticides to ensure safety and quality of tea production. Food Safety and Standards Authority of India (FSSAI) CEO Rao addressed a gathering of tea growers and tea planters during an interactive session held on Friday in Kellyden, Assam.
The event saw active participation from key stakeholders, including officials from FSSAI, the Tea Board, Tea Research Institute, tea planters, tea processors, industry associations and Food and Drug Department of the state, the regulator said in a statement.
The focal point of the discussion was enhancing traceability and testing measures for raw materials, emphasising the need for screening every batch for pesticide residues and adherence to Maximum Residue Limits (MRL) of pesticides usage as prescribed in the Food Safety and Standards Regulations of 2011 (FSSR).
FSSAI is extending financial assistance to Assam for the upgrading of laboratories dedicated to pesticide testing.
“The need for regular interaction with all stakeholders and the formulation of a time-bound action plan to guarantee the availability of safe tea to consumers was also stressed upon during the meeting,” the statement said.
The event also featured key speakers such as Amardeep Singh Bhatia, Additional Secretary, Department of Commerce & Industry and Chairman of the Tea Board; Saurav Pahari, IAS, Deputy Chairman, Tea Board, Kolkata; Inoshi Sharma, Executive Director, FSSAI and other senior officials from FSSAI, scientific panel members and representatives from various industry associations.
- (Read More at: Click Here)
6. ‘Flouting of BIS safety norms reflects poorly on cycle biz’
When it comes to fixing reflectors on bicycles, most cycle manufacturers and dealers in Ludhiana are avoiding key safety stipulations of the Bureau of Indian Standards (BIS). They are either avoiding fixing reflectors altogether, do not have an adequate number or they are opting for inferior quality reflectors.
Several cycle manufacturing units raised the issue in their meetings and asked members to follow mandatory safety standards to save lives. According to cycle manufacturing associations, the city manufactures around 60,000 adult cycles every day but only 10,000 are sold with reflectors affixed. There are three reflector manufacturing units in Ludhiana, which sell only 10,000 sets of reflectors a day. One set has 10 reflectors. According to an office-bearer of a cycle manufacturers’ association, to save cyclists from accidents by enhancing visibility of their cycles, the Bureau has mandated installation of 10 BIS certified reflectors on a cycle.
Earlier, he said that the Promotion of Industry and International Trade of the central govt had made it mandatory to install reflectors on cycles from January 1 last year. Later, an extension of six months was given. A quality control order (QCO) under the BIS Act was enforced on July 1 last year. However, despite the availability of reflectors in Ludhiana, most units are violating the order.
According to cycling association members, despite the presence of top quality reflector factories, cyclists were still dying in road accidents every year.
- (Read More at: Click Here)
- FSSAI CASE LAWS
- Prepare plan for testing food products in Delhi: HC to FSSAI
The amici curiae appointed in the matter had submitted that no action has been taken by authorities on the issue yet, and several fruits and vegetables being sold in the market contain pesticides beyond the prescribed levels.
The Delhi High Court on Tuesday asked the Food Safety and Standards Authority of India (FSSAI) to come up with a plan for sampling and testing of all food products in the national capital.
A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said: “Since FSSAI is the apex body dealing with food safety, this court directs it to prepare a plan for sampling and testing of all food products in Delhi…”, and kept the matter for next hearing on May 8.
The Court gave its order in a 2010 suo motu matter initiated by the High Court, following a news report on the use of certain pesticides for growing vegetables that potentially cause serious neurological problems, kidney damage, skin diseases, and cancer among other grievous diseases.
The amici curiae appointed in the matter had submitted that no action has been taken by authorities on the issue yet, and several fruits and vegetables being sold in the market contain pesticides beyond the prescribed levels.
- (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.