Food Safety and Standards Act

Legal Framework of the Food Safety and Standards Act 

• Establishment of FSSAI: The FSSAI is responsible for setting scientific standards for food products and regulating their manufacture, storage, distribution, sale, and import to ensure the safe and wholesome food for human consumption. Section 4 of the Act established the Food Safety and Standards Authority of India (FSSAI).
• Central and State Authorities: The Act provides for the establishment of Central and State Food Safety Authorities to implement and enforce food safety standards. Sections 4 and 5 are the relevant provisions.  
• Licensing and Registration: The Act mandates that food businesses, including manufacturers, distributors, and sellers, must obtain licenses or registrations from the designated licensing authorities as notified by the FSSAI to operate legally. This process helps monitor and regulate food businesses. Section 31 of the Act provides for the licensing and registration of food businesses. 
• Food Safety Management Systems: The Act emphasizes the implementation of food safety management systems by food businesses to ensure ongoing compliance with food safety standards. Section 3(s) outlines the definition. 
• Testing and Inspection: The provisions of the Act outline procedures for food testing, inspection, and the role of Food Analysts and Food Safety Officers in ensuring compliance. 

Key Objectives and Salient Provisions 

• Food Safety: The primary objective of the Food Safety and Standards Act is to ensure the safety of food products from production to consumption. It establishes guidelines and regulations to prevent adulteration, contamination, and the sale of substandard food.
• Standardization: The Act aims to standardize the production, storage, distribution, and sale of food products, promoting consistency and quality across the food industry. Section 19, 20, 21, and 22 are the relevant sections. 
• Streamlining Regulations: The Food Safety and Standards Act consolidates various food-related laws and regulations, making the regulatory framework more comprehensive and transparent.
• Food Safety Standards: It prescribes food safety standards and regulations for various food products, including permissible levels of additives, contaminants, and the use of food additives.
• Food Labelling: The Act requires accurate and informative labeling of food products, including details of ingredients, nutritional information, and warnings about allergens. This empowers consumers to make informed choices. Section 23 of the Act outlines the provisions for the labeling and packaging of food materials. 
• Food Safety Officers: The Act empowers Food Safety Officers to inspect and monitor food businesses, collect samples for testing, and take necessary enforcement actions against those who violate the regulations. Section 37, 38, and 39 outline the appointment, qualifications, powers, and liabilities of the Food Safety Officers. 
• Food Testing and Analysis: It establishes a network of food testing laboratories to ensure that food products comply with safety and quality standards. Testing results can lead to legal actions against violators. Section 43 and 47 of the Act are the relevant sections.
• Penalties and Enforcement: The Food Safety Act prescribes penalties for violations under Section 48 to 69 of the Act, which may include fines and imprisonment. This ensures compliance and accountability within the food industry.

Importance of Compliance

• Compliance with the Food Safety and Standards Act is crucial for businesses in the food industry. Non-compliance not only leads to legal repercussions but also poses risks to public health. It can damage a company's reputation and lead to a loss of consumer trust. Therefore, businesses are advised to stay informed about the latest regulations and standards issued by the FSSAI and ensure strict adherence to them.
• The Food Safety and Standards Act in India plays a pivotal role in safeguarding public health and ensuring the quality of food products available to consumers. It establishes a robust regulatory framework that businesses in the food industry must adhere to, emphasizing the importance of compliance and accountability.

International Framework

• Codex Alimentarius Commission: Established by the FAO and WHO, Codex provides international food standards, guidelines, and codes of practice to protect consumer health and ensure fair practices in food trade.
• World Trade Organization (WTO): The WTO's Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) outlines the basic rules governing food safety and standards for animal and plant health.
• ISO 22000: This international standard specifies requirements for a food safety management system and integrates the principles of HACCP (Hazard Analysis and Critical Control Points).

Significant Regulatory Developments as Empowered by Section 92 of the Act

• Food Safety and Standards (Organic Foods) Regulations, 2017: These regulations set standards for the production, processing, and labeling of organic foods in India. Additionally, it stipulates that recertification is not required if the imported food meets the standards in the importing country, provided it is equivalent to the standards for organic food in India. 
• Food Safety and Standards Regulations 2018: In 2018, the FSSAI notified several regulations, including those related to Alcoholic Beverages, Fortification of Food, Food Safety Auditing, Recognition and Notification of Laboratories, Advertising and Claims, and Packaging. These regulations aimed to improve the standardization of the quality and composition of food materials and beverages, with a focus on consumer health. 
• Food Safety and Standards Regulations 2019, 2020, 2022: In 2019, the FSSAI notified the Recovery and Distribution of Surplus Food Regulations, which aimed to optimize the utilization of food materials. In 2020, the notified regulations included the Safe Food and Balanced Diet for Children in School, Foods for Infant Nutrition, and Labeling and Display, aimed at improving the standards of specific food materials designed for infants and children in terms of their health and nutrition. In 2022, the notified regulations included Ayurveda Aahar and Vegan Foods with the specific aim of setting standards for such food materials. 
• Food Safety and Standards (Food Product Standards & Food Additives) First Amendment Regulations, 2024: Modifies standards for mozzarella, peanut butter, olive oil, and other products. Provided standards for vitamin-mineral premix for the preparation of fortified rice karnal (FRK). Qualitative parameters substituted for pickled eggs, fish oils, fish liver oils, concentrated fish oils, and other oils. Substituted usage level and standards for the use of oligofructose in food products are also specified. Provided for the application of the latest version of reference test methods. 
• Food Safety & Standards (Amendment) Regulations, 2025: The Food Safety & Standards (Packaging) Amendment Regulations, 2018, under their guidelines in 2025, permit the use of recycled polyethylene terephthalate (PET) in food packaging under specific conditions, provided compliance with national standards and guidelines issued by the food authority is maintained. Food Safety & Standards (Alcoholic Beverages) First Amendment Regulations, 2025, outlines sub-regulations of a few alcoholic beverages, such as nitro craft beer, etc, along with definitions of 'alcoholic ready-to-drink beverages' and others. 

Consequences for Non-Compliance 

• Monetary Fines: Businesses and individuals may face fines for non-compliance with food safety standards, misleading advertisements, and the sale of substandard or adulterated food products. Penalty for certain offences is enshrined under Section 50 to 58 of the Act.
• Imprisonment: Severe violations, such as the sale of unsafe food causing harm, can result in the imprisonment of the responsible parties. Punishment for certain offences is enshrined under Section 59 to 64 of the Act.
• License Suspension or Cancellation: Under Section 32 of the Act, the Designated Officer can suspend or cancel the licenses of food businesses that repeatedly violate food safety standards or are non-compliant.
• Product Recalls: The FSSAI has the authority to order the recall of unsafe or non-compliant food products from the market. However, this is a corrective action, not a penalty. Section 28 outlines the procedures for the food recall. 

How to Report an FSSAI Act Violation?

• FSSAI Helplines: The FSSAI provides helpline numbers for consumers to report food safety issues and complaints. FSSAI also provides Apps for mobile phones. The common helpline number provided is 1800112100. However, a separate SMS and WhatsApp contact number is also provided, i.e., +91-9868686868. However, individual contact details are also provided for each state. 
• Online Portals: The FSSAI's official website and mobile apps offer platforms for filing complaints and reporting violations. The standard mail ID provided on the FSSAI website is helpdesk-foscos@fssai.gov.in.
• State Food Safety Authorities: Complaints can be filed with the respective State Food Safety Authorities. An application furnished with all relevant details, including those of the customer and the food supplier/manufacturer/dealer/seller outlining the complaint regarding the food, can be submitted to the concerned authority. 
• Consumer Forums: Various consumer protection organizations and forums assist in reporting food safety violations and seeking redressal.

How Can Seasoned Advocates Help You?

• Legal Advice: Providing expert legal counsel on food safety regulations, compliance requirements, and risk management.
• Representation: Representing clients in legal proceedings, including appeals against penalties or enforcement actions by FSSAI authorities.
• Documentation: Assisting in the preparation and filing of necessary documents, including license applications, compliance reports, and responses to notices.
• Training and Compliance Audits: Conducting training sessions for food handlers and compliance audits to identify and rectify potential violations.
• Dispute Resolution: Facilitating mediation and negotiation between parties in food safety disputes, ensuring an amicable resolution.

Conclusion

The Food Safety and Standards Act is an initiative aimed at protecting people from the adulteration and misbranding of food materials. The laws grant authorities special powers to investigate such matters, and the procedures can be complex. Experts assist food businesses in maintaining compliance with the FSS Act, protecting consumer health, and mitigating legal risks. To know more, contact us.