Food Law NEWSLETTER39th Monthly EDITION – April, 2024(1st Mar. to 31st Mar., 2024)
Food Sector / Industry in India
Food safety laws in India are primarily governed by the Food Safety and Standards Act, 2006 (FSS Act) and the Food Safety and Standards (FSS) Regulations, 2011. The FSS Act consolidates various acts and orders that have hitherto handled food-related issues in India. The FSSAI is responsible for laying down science-based standards for articles of food and regulating their manufacture, storage, distribution, sale, and import, to ensure the availability of safe and wholesome food for human consumption.
FSSAI plays a crucial role in ensuring the safety and quality of food products in India and protecting the health of consumers.
- 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 – March, 2024:
| Sl. | Particulars | Link (s) |
| 1 | SCHEDULE FOR CONDUCTING E-AUCTION AT PUTTADY AND BODINAYAKANUR E-AUCTION CENTRES FROM 22.03.2024 (AN) TO 01.04.2024 | Click Here |
| 2 | CIRCULAR NO.17/2023-24 – High Risk Food and Feed change in UK legislation – reg | `[ Click Here |
| 3 | Spices Board directs firms to check mixing of Guatemalan and Indian cardamom in lots for auctions | 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 March, 2024
| Sl. | Particulars | Relevant Link (s) |
| 1 | Direction to all notified laboratories regarding testing of pesticide in Tea samples [Updated on:05-03-2024] | Click Here |
| 2 | Direction for re-operationalisation of Food Safety and Standards (Foods for Infant Nutrition) Amendment Regulations, 2022 relating to revise limits of Selenium, Manganese, iron and biotin [Updated on:12-03-2024] | Click Here |
| 3 | Direction under Section 16(5) of Food Safety and Standards Act, 2006 regarding reoperationalization of Draft Food Safety and Standards (Food Product Standards and Food Additives) Amendment Regulations related to standards of Packaged Drinking Water (other than Mineral Water) [Updated on:12-03-2024] | Click Here |
| 4 | Direction under Section 16(5) of Food Safety and Standards Act regarding compliance w.r.t. Processing Aids under Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 [Updated on:14-03-2024] | Click Here |
| 5 | Special drives to check adulteration of milk and milk products like Khoya, sweets etc. during the festive season [Updated on:21-03-2024] | Click Here |
| 6 | Monitoring the sale of food items during festival season [Updated on:21-03-2024] | Click Here |
- Key Notification in Brief:
1. FSSAI Enhances Packaged Drinking Water Standards for Safer Hydration
In recent regulatory developments, amendments have been proposed under the Food Safety and Standards Act, of 2006, aimed at improving the standards of Packaged Drinking Water (excluding Mineral Water). These changes signify a significant step towards ensuring safer hydration options for consumers across India.
The journey towards revising standards for Packaged Drinking Water began with directives issued on 30th May 2022. These directives, operationalizing Draft Food Safety and Standards (Food Product Standards and Food Additives) Amendment Regulations, addressed concerns regarding Total Dissolved Solids, Calcium, and Magnesium levels in such water. Subsequent modifications and extensions were made through orders on 21st June 2022 and 3rd January 2023, respectively.
After careful deliberation, the Food Authority approved the final amendment regulations during its 42nd meeting. While the approval signifies a crucial milestone, the process of final notification is still ongoing, requiring additional time for publication in the Gazette of India. To facilitate Food Business Operators (FBOs) in adhering to the revised standards, specific provisions are set to be re-operationalized, effective from 1st January 2024.
The proposed amendments underscore the regulatory authorities’ dedication to safeguarding public health and safety. By revising standards for Packaged Drinking Water, these measures aim to provide consumers with access to safe and high-quality hydration options, thereby promoting overall well-being and health. To read more: Click Here
2. FoRTrace Implementation by FSSAI: A Game-Changer in Rice Fortification with Transparency
The implementation of FoRTrace by FSSAI marks a significant advancement in rice fortification, bringing transparency to the process. This innovative system ensures that every batch of fortified rice is traceable and meets quality standards. It’s a game-changer for ensuring safer and more nutritious rice for all.
In a move towards strengthening transparency and quality control in the fortification of rice, the Food Safety and Standards Authority of India (FSSAI) has mandated the implementation of the Fortified Rice Traceability (FoRTrace) application within the Food Safety Compliance System (FoSCoS).
Mandates for Fortified Rice Manufacturers:
Under the recent order dated 08.11.2023, manufacturers of premix for Fortified Rice Kernels (FRK) and Fortified Rice (FR) are required to upload lab test reports for every batch of production on FoSCoS. Additionally, they must declare the source of iron and blending ratio.
Compliance Requirements for Manufacturers:
Manufacturers are obligated to maintain daily records of production, raw material utilization, and sales as per the Conditions of License of Food Safety and Standards (Licensing and Registration of Food Businesses) Regulation, 2011. Moreover, they must ensure the implementation of Clean-In-Place systems for regular cleaning of machinery and equipment.
User Manuals and Support:
User manuals for accessing the FoRTrace application are readily available on the FoSCoS homepage and FoRTrace portal homepage, ensuring user-friendly navigation and support.
- 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 sets up lab network to test food for pathogens
With food poisoning and diarrhoea becoming a common occurrence, the Food Safety and Standards Authority of India (FSSAI) is working towards creating a network of 34 microbiology labs across the country that will be equipped to test food products for 10 pathogens, including E coli, salmonella and listeria.
“These labs will help test food for microbial contamination that can lead to spoilage of food and potential health risks,” said a senior health official of FSSAI.
Another official said: “In fact, diarrhoea and food poisoning is so common that most people do not even report such instances. However, it is the job of the department to ensure that the food is safe. These labs will be able to test the food samples collected during routine surveillance for microbes now.”
Data from the National Centre for Disease Control, which tracks the trajectory of several diseases every week, shows that acute diarrhoeal disease and food poisoning were the two most common outbreaks in the country. There were over 1,100 outbreaks of acute diarrhoeal disease across the country in the last four years and nearly 550 outbreaks of food poisoning.
- Read more at: Click Here
2. FSSAI approves amendments in regulations to do away with Agmark, BIS certification for food products
The Food Safety and Standards Authority of India (FSSAI) on Monday said that various amendments in food safety regulations have been approved to to do away with Bureau of Indian Standards (BIS) or Agmark certifications for food products. In line with the concept of “One Nation, One Commodity, One Regulator”, the food safety authority said that once these amendments are finalised, food businesses will only require mandatory FSSAI certification and not need certifications from other authorities. This move will facilitate ease of doing business, it added. . reg
The food safety authority’s 43 rd meeting was held recently in New Delhi under the chairmanship of Health Secretary Apurva Chandra where several amendments to streamline food safety and stadards regulations were approved.
Amendments
“Various amendments across different Food Safety and Standards Regulations were approved in the meeting to do away with Bureau of Indian Standards (BIS) or AGMARK certification for food products. After the amendments are finalised, food businesses would not have to go to different authorities for mandatory certification with only FSSAI certification being made mandatory for food products,” the official statement added.
A comprehensive manual of methods of analysis for ensuring regulatory compliance of the food products was also approved. ‘The amendments across different Food Safety and Standards Regulations were approved in the meeting for draft notification to invite stakeholder comments before finalisation. These regulations included the revision of standards of Milk Fat Products, as part of which the fatty acid requirements for Ghee will also be applicable for other milk fat products,” the official statement added.
- To read more: Click Here
3. India has robust regulatory, safety framework for seafood units: Commerce min
India has a robust regulatory framework for its 548 seafood units and it has set up world-class facilities in the fish processing sector, which are regularly inspected and monitored by various government agencies, the commerce ministry said on Saturday. The statement comes in the backdrop of some reports alleging food safety and bad labour conditions in the Indian shrimp industry.
It said that all its units are registered with MPEDA (Marine Products Export Development Authority) and FSSAI (Food Safety and Standards Authority of India) and approved by EIC (export inspection council) as mandated by the law.
The shrimp hatcheries and aquaculture farms are registered with the Coastal Aquaculture Authority (CAA) and State Fisheries Departments based on their respective locations.
“The production and processing systems are regularly monitored by regulatory agencies in India and are subjected to audits by inspectors of the US FDA (Food and Drug Administration), European Commission, GAC of China, Export Inspection Agency, MPEDA, etc., in addition to scores of private and certification audits,” it said.
The national regulations and monitoring measures such as the National Residue Control Plan, ELISA screening labs, in-house labs, and pre-export checks ensure that the food safety hazards, including antibiotic residues, do not enter the product value chain and pose any consumer health risk. Read More at: Click Here
4. New Jio phone receives BIS certification: could it be the Jio Bharat 2?
Calling all feature phone fans! Reliance Jio, the Indian telecom giant, might be cooking up something exciting for the ultra-affordable segment. A new Jio feature phone has been spotted lurking on the Bureau of Indian Standards (BIS) certification website, and rumor mills are buzzing with the possibility of it being the successor to the popular Jio Bharat phone – the Jio Bharat 2.
While Jio remains tight-lipped about the official name and specifications, the appearance on the BIS website (model number JBB121B1) suggests an imminent launch. This has sent tech enthusiasts into a tizzy, eager to know what the Jio Bharat 2 might hold. Let’s delve into what we know so far and explore the possibilities.
Jio entered the feature phone market with a bang in 2017 with the launch of the JioPhone. This pocket-friendly device, known for its affordability and bundled Jio services, became a game-changer, especially for first-time mobile phone users in rural India. The JioPhone offered basic functionalities like calling, messaging, and a sprinkle of internet access, all at an incredibly low price point.
The Jio Bharat B1 catered to a segment seeking a more feature-rich experience compared to the basic JioPhone. With the Jio Bharat 2 on the horizon, expectations are running high. We can anticipate an upgrade in specifications from the B1, potentially including a better camera, a more powerful battery, and an enhanced user interface.
- (Read More at: Click Here)
5. FSSAI notifies 155 Points of Entry for food imports
FSSAI has decided to review the Points of Entry notified for food imports taking into account the trend/volume of food import, testing facilities, and logistics infrastructure. Accordingly, the food regulator has decided to notify Authorised Officers at 155 specified Points of Entry for food import.
An official with the FSSAI has said that it was done to put in place a robust food regulatory framework at the Points of Entry to ensure the mandate of safe food imports in India. FSSAI has issued a notification of Authorised Officers under the FSS(Import) Regulation, 2017, which regulates the import of food articles into India, to ensure their safety.
The notification reads that FSSAI officials and custom officials (any official of rank of superintendent/appraiser/inspector/examiner) at all Airports/Ports/ICD/ SEZ/LCS mentioned by FSSAI were notified from 01.04.2024 as Authorised Officers for the jurisdiction mentioned against each Airport/Port/ICD/LCS for food import clearance till further orders.
- (Read More at: Click Here)
6. Consumer Affairs Ministry sets up committee to frame guidelines to address pesky, unsolicited commercial calls issues
The Central government has set up a committee to formulate guidelines to address the issue of pesky, promotional or unsolicited commercial calls received by consumers.
The Department of Consumer Affairs (DoCA) has constituted a committee in this regard. The committee will comprise of officials from Department of Telecommunication, Department of Financial Services, Ministry of Housing and Urban Affairs, Reserve Bank of India, Telecom Regulatory Authority of India and Insurance Regulatory and Development Authority. Representatives from Cellular Operations Association of India (COAI), telemarketing companies and voluntary consumer organisations will also be part of this committee, an official statement from DoCA stated.
DoT and TRAI have also been making efforts to address this issue. The telemarketers have been advised to get their business entity, sender IDs and SMS templates on DLT (Distributed Ledger Technology) platforms. DLT platforms are operator-run portals such as Airtel, Vodafone, Jio, BSNL etc, where businesses need to register by giving their business details.
- (Read More at: Click Here)
- FSSAI CASE LAWS
- Prepare plan for testing food products in Delhi: HC to FSSAI
If a product under ‘Make in India’ programme is sought to be exported with ‘Made in India’ tag, quality insistence from the threshold would ensure the final product meets the necessary global standards, the Karnataka high court said in a recent order.
Dismissing a petition filed by All-India HDPE PP Woven Fabric Manufacturers Association challenging certain quality standards prescribed for plastic manufacturers by the Centre, Justice M Nagaprasanna observed that the country will be able to compete with others only if quality is ensured right from the word go till the finished product under ‘Make in India’ programme.
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 BIS, as observed hereinabove, is a national standards body which permits the development, standardization and quality certification of goods and the certification will be through BIS standard mark. If this is sought to be achieved by the Union of India, through the notification as a policy decision, the high court exercising its jurisdiction under Article 226 of the Constitution of India would be loathe to interfere with such a policy decision of the government, particularly of economic and quality standards,” the judge further observed while rejecting the petition. (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.
| April, 2024 |
The author can be approached at cslalitrajput@gmail.com. // +919625483520 (W).
