The Food Safety and Standards Act, 2006: A Comprehensive Overview

The Food Safety and Standards Act, 2006 (FSSA), is a landmark legislation in India that consolidates various laws related to food and establishes the Food Safety and Standards Authority of India (FSSAI). This Act aims to ensure the availability of safe and wholesome food for human consumption by setting science-based standards and regulating the manufacture, storage, distribution, sale, and import of food. This article provides a detailed overview of the Act, its key provisions, and its implications for the food industry and consumers.

Objectives of the Act:

• To consolidate laws relating to food.

• To establish the Food Safety and Standards Authority of India (FSSAI).

• To lay down science-based standards for articles of food.

• To regulate the manufacture, storage, distribution, sale, and import of food.

• To ensure the availability of safe and wholesome food for human consumption.

Key Definitions (Section 3):

• Adulterant: Any material that makes food unsafe, substandard, misbranded, or containing extraneous matter.

• Advertisement: Any form of publicity, including audio, visual, print, electronic media, and the internet.

• Chairperson: The Chairperson of the Food Authority.

• Claim: Any representation that suggests a food has particular qualities.

• Commissioner of Food Safety: The officer appointed under Section 30.

• Consumer: Persons and families purchasing food for personal needs.

• Contaminant: Any substance present in food due to production, processing, or environmental contamination.

• Food: Any substance intended for human consumption, including primary food, genetically modified food, infant food, alcoholic drinks, and chewing gum.

• Food Additive: Any substance not normally consumed as food but intentionally added for a technological purpose.

• Food Analyst: An analyst appointed under Section 45.

• Food Authority: The Food Safety and Standards Authority of India established under Section 4.

• Food Business: Any undertaking related to any stage of food production, processing, packaging, storage, transportation, distribution, import, and food services.

• Food Business Operator: A person by whom the food business is carried out and who is responsible for compliance with the Act.

• Food Laboratory: A laboratory accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABL) or an equivalent agency.

• Food Safety: Assurance that food is acceptable for human consumption.

• Food Safety Audit: Examination of food safety measures adopted by manufacturing units.

• Food Safety Management System: Adoption of Good Manufacturing Practices, Good Hygienic Practices, Hazard Analysis, and Critical Control Point.

• Food Safety Officer: An officer appointed under Section 37.

• Hazard: A biological, chemical, or physical agent in food with the potential to cause harm.

• Import: Bringing any article of food into India.

• Improvement Notice: A notice issued under Section 32.

• Infant Food/Infant Milk Substitute: As defined in the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.

• Ingredient: Any substance used in the preparation of food.

• Label: Any tag, brand, mark, or descriptive matter on a food package.

• License: A license granted under Section 31.

• Local Area: An area notified by the Commissioner of Food Safety.

• Manufacture: Any process for converting ingredients into food.

• Manufacturer: A person engaged in the business of manufacturing food for sale.

• Member: Includes a part-time member and the Chairperson of the Food Authority.

• Misbranded Food: Food that is falsely labeled, misleadingly advertised, or sold under a false name.

• Notification: A notification published in the Official Gazette.

• Package: A pre-packed container for food.

• Premises: Any place where food is sold, manufactured, or stored.

• Prescribed: Prescribed by rules made under the Act.

• Primary Food: Produce of agriculture, horticulture, animal husbandry, or aquaculture in its natural form.

• Prohibition Order: An order issued under Section 33.

• Risk: The probability of an adverse health effect from food consumption.

• Risk Analysis: A process consisting of risk assessment, risk management, and risk communication.

• Risk Assessment: A scientific process for identifying and characterizing hazards and assessing exposure and risk.

• Risk Communication: Interactive exchange of information about risks.

• Risk Management: Evaluating policy alternatives and selecting appropriate control options.

• Sale: Any transaction involving the transfer of food for human consumption.

• Sample: A sample of food taken for analysis.

• Specified by Regulations: Specified by regulations made by the Food Authority.

• Standard: Standards notified by the Food Authority.

• State Government: Includes the Administrator of a Union Territory.

• Substance: Any natural or artificial matter, in any form.

• Sub-standard: Food that does not meet the specified standards but is not unsafe.

• Tribunal: The Food Safety Appellate Tribunal established under Section 70.

• Unsafe Food: Food that is injurious to health due to various reasons, including contamination, adulteration, or unhygienic processing.

Food Safety and Standards Authority of India (FSSAI) (Chapter II):

• Establishment: The Act establishes the FSSAI as a body corporate with perpetual succession and a common seal.

• Composition: The FSSAI consists of a Chairperson and 22 members, including representatives from various sectors.

• Functions: The FSSAI is responsible for regulating and monitoring the food industry, setting standards, and ensuring safe and wholesome food.

• Chief Executive Officer (CEO): The CEO is the legal representative of the FSSAI and is responsible for its day-to-day administration.

• Central Advisory Committee: The FSSAI establishes a Central Advisory Committee to advise on its work programs.

• Scientific Panels: The FSSAI establishes scientific panels consisting of independent scientific experts to provide scientific opinions.

• Scientific Committee: The FSSAI constitutes a Scientific Committee to coordinate the work of the Scientific Panels.

General Principles of Food Safety (Chapter III):

• The Act emphasizes the need to achieve an appropriate level of protection for human life and health and to protect consumer interests.

• Risk management should be carried out, considering risk assessment and other relevant factors.

• Measures adopted should be proportionate and not more restrictive of trade than necessary.

• The public should be informed of potential health risks associated with food.

General Provisions as to Articles of Food (Chapter IV):

• Food Additives and Processing Aids: The Act regulates the use of food additives and processing aids.

• Contaminants: It prohibits the presence of contaminants, naturally occurring toxic substances, and heavy metals beyond specified limits.

• Pesticides and Residues: It regulates the use of pesticides, veterinary drugs, and antibiotics in food.

• Genetically Modified Foods: It regulates the manufacture, distribution, sale, and import of genetically modified foods, organic foods, functional foods, and proprietary foods.

• Packaging and Labeling: It mandates proper packaging and labeling of food products, including the declaration of ingredients and other relevant information.

• Restrictions on Advertisement: It restricts misleading or deceptive advertisements and prohibits unfair trade practices.

Provisions Relating to Import (Chapter V):

• All imports of articles of food are subject to the provisions of the Act.

• The Central Government can regulate the import of food by following the standards laid down by the Food Authority.

Special Responsibilities as to Food Safety (Chapter VI):

• Food business operators must ensure that their products meet the requirements of the Act.

• They are prohibited from manufacturing, storing, selling, or distributing unsafe, misbranded, or substandard food.

• They are also prohibited from employing persons suffering from infectious diseases.

• Food business operators must provide a guarantee about the nature and quality of food to vendors.

• If unsafe food is part of a batch, it is presumed that all food in that batch is unsafe.

Enforcement of the Act (Chapter VII):

• The Food Authority and the State Food Safety Authorities are responsible for enforcing the Act.

• The Commissioner of Food Safety is appointed by the State Government to implement food safety standards.

• The Act provides for licensing and registration of food businesses, improvement notices, prohibition orders, and emergency prohibition orders.

• Food Safety Officers are empowered to take samples, seize unsafe food, and initiate prosecutions.

Analysis of Food (Chapter VIII):

• The Act provides for the recognition and accreditation of food laboratories and research institutions.

• Food Analysts are appointed to analyze food samples, and their functions are defined.

• The Act outlines the procedure for sampling and analysis of food.

Offences and Penalties (Chapter IX):

• The Act specifies various offences and penalties, including fines and imprisonment, for violations of its provisions.

• Penalties are prescribed for selling unsafe, substandard, or misbranded food, misleading advertisements, and failing to comply with the directions of a Food Safety Officer.

• Offenses by companies can lead to the prosecution of those in charge.

Adjudication and Food Safety Appellate Tribunal (Chapter X):

• The Act provides for the appointment of Adjudicating Officers to adjudicate penalties.

• It also provides for the establishment of Food Safety Appellate Tribunals to hear appeals against the decisions of Adjudicating Officers.

Finance, Accounts, Audit, and Reports (Chapter XI):

• The Act outlines provisions for the budget, finances, accounts, and audit of the Food Authority.

• The Food Authority is required to prepare an annual report of its activities.

Miscellaneous Provisions (Chapter XII):

• The Central Government is empowered to issue directions to the Food Authority and State Governments.

• Members and officers of the Food Authority are deemed to be public servants.

• The Act has an overriding effect over all other food-related laws.

• The Central Government can make rules, and the Food Authority can make regulations to carry out the purposes of the Act.

Conclusion:

The Food Safety and Standards Act, 2006, is a comprehensive legislation that aims to ensure food safety and quality in India. By establishing the FSSAI, setting standards, and providing a framework for enforcement, the Act plays a crucial role in protecting public health and promoting a safe and reliable food supply. It is essential for all stakeholders in the food industry to be aware of and comply with the provisions of this Act.