Food Safety & Standards Act:Implication for food Industry in India By : Shruti Sharma Deputy Manager-Regulatory Affairs Cargill India Pvt. Ltd.
Regulatory Structure In Food -Prior to 5th August,2011Prevention of Food Adulteration Act, 1954 + 6 orders underEssential Commodities Act-on Milk ,Meat, Fruit &Vegetables, OiletcEnforcement agencies for different sectors of food. In DifferentMinistries and departmentsChanges in standards –A slow processStandards rigid and non-responsive to scientific advancements,modernization & risk analysisDecision making –not risk basedStakeholders participation- not adequateInadequate infrastructure- physical, financial and human resources
Stakeholders in food Safety Sector Scientific/ Research Institutions/ Government agencies Laboratories Farmers Regulators organisationsFBO’s/ Food Consumer Consumers Industry Safety organisations
FSS Act, 2006 -OperationalisationFood Safety and Standards Act ,2006 - passed by IndianParliament and notified on 24th August, 2006 Authority Established- in Sept, 2008 FSS Regulations Notified -3th August, 2011 New Act operationalised- 5th August,2011 All Food Business Operators in India to get Licensed/Registered with Food Safety Authority
Critical Shifts PFA FSS ACT, 2006• Multiple Authorities • Single Authority• Adulteration • Safety + Adulteration• Inspection/ Control • Monitoring & Surveillance• Insufficient Enforcement • Full time district Officer, Personnel Food Safety Officers under FSC• Poor Lab Network • Laboratories in private and public sectors to be involved
Objectives of FSSATo consolidate the laws relating to food. To establish Food Safety and Standards Authority of India for laying down science based standards for articles of food. To regulate the manufacture, storage, distribution, sale and import of food products. To ensure availability of safe and wholesome food for human consumption.
SALIENT FEATURE OF THE FSS ACTStakeholders involvement in decision making• Apex Body -FSS Authority has wider representation of Eminent Food Technologists/Scientists, State Governments, Farmers, Retailers, consumers organisations , food industries and Ministries- in creating a culture of food safetyScience in decision making• Science based Standards that distinguish substandard and unsafe food• Risk Assessment and Management integral to standards setting and enforcement
SALIENT FEATURE OF THE FSS ACT (Contd..)Improved Regulatory structures• New enforcement structure• Envisages large network of food labs• Multi level, multi departmental control shift to a single line of control• FBO Food Safety Management to shift from regulatory regime to self compliance• Improvement Notices and Graded Penalties for Offences/Violations in context of public health and consumer interest• Regulation of food imported in the country
REGULATORY SYSTEM CHIEF EXECUTIVE OFFICER, FSSAI STATE GOVERNMENT CENTRAL LICENSINGCOMMISSIONER OF FOOD SAFETY AUTHORITY 35 STATES/UT FSSAI Head Quarters (Monitoring) LICENSING REGISTRATION AUTHORITY AUTHORITY ZONAL DIRECTORS & DESIGNATED OFFICER OTHER OFFICERS (for LICENSING AUTHORITY Inspections , Monitoring & • City municipal Licensing ) corporation, • Town Panchayat, FOOD SAFETY OFFICER • Gram panchayat ( Inspection and Monitoring Food Business operators)
Major Functionaries in the State Food Safety Commissioner Food SafetyReferral Lab Appellate TribunalAccredited Lab Adjudicating Officer Designated Officer Prosecution Courts Special CourtsFood Analyst Food Safety Officer
SALIENT FEATURE OF THE FSS ACT (Contd..)Improved Monitoring System• One step up and down food traceability and recall plan• Food alert• Active and Passive Surveillance• Annual AuditImprovement in Justice Dispensation• Different procedure to deal with Civil and criminal penalties• Provision for Adjudication and fast track disposal of cases• Constitution of Tribunals
SALIENT FEATURE OF THE FSS ACT (Contd..)Promoting Innovations• Procedure for product approvals• Provisions for Functional and Novel Foods , dietary supplements, nutraceuticals etc)Consumer Empowerment• Safeguard consumers’ expectations of substance, quality in a non- misleading presentation• Consumers can take samples and get it analysed Accountability Provision for penalty against officer (Upto 1 lakh) In all cases prior notice to FBO Private Public Participation in Enforcement Accreditation of Private agencies/individuals for audit/inspections Accreditation of private Laboratories
ISSUES IN IMPLEMENTATION (Contd..)Volume Medium Scale(State 10,00,000 Licensing) Big scale Small scale ( Central Licensing) FBO’s ( State licensing) 40,00,000 10,000 Petty Food Business Operators 5,00,00,000 (Registration)
Progress So Far….Constitution of Authority, scientific Committee, and 8 Expert PanelsNotification of Rules and 6 RegulationsOn line licensing to have transparencyAccreditation of 61 private labsAccreditation of 12 Food Safety Management System agencies89 Individual for Inspection/ AuditingFood Imports brought under FSS Act- about 75 % of total food imports incountry.Surveillance survey- MilkSampling of food products and prosecution going on in statesAction has been taken against false claims/ advertisements
Challenges Ahead1 Setting of Food Safety Standards2 Risk Assessment3 Effective Food Surveillance System4 Traceability, Recall and Emergency response system5 Food Safety Management Systems6 Capacity Building7 Research and Development8 Inform, Educate and Communicate to the consumers