Challenge for implementation of FSSA is time needed to get approval of new food additive

The new law lays considerable emphasis on food product standard and additives. Dr H N Mishra, professor, food technology, agricultural and food engineering department, Indian Institute of Technology, Kharagpur, shares details on these and more with Anurag More in an email interaction.

Tell us more about food product standards and food additives.
The Food Safety and Standards Authority of India (FSSAI) has been established under the Food Safety and Standards Act (FSSA), 2006. This Act not only replaces the Prevention of Food Adulteration Act, 1954, but also consolidates the other food acts like the Fruits Product Order (FPO), Meat Food Products Order, Vegetable Oil Products (Control) Order, and the Milk and Milk Products Order. These Acts, earlier handled by different ministries, will now fall under the ambit of the FSSAI. The authority is a statutory body with the ministry of health and family welfare being the administrative head.

The FSSAI has notified the Food Safety and Standards Regulations, 2011, in the Gazette of India dated August 1, 2011. It has been divided into six parts & one of them which deals with food additives is known as Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, (Part I, Part II) which covers everything about the various food additives, ranging from the list of permitted food additives to their maximum limit allowed to their specific technical function. There are some changes being made in it from the previous list. The scientific panel on food additives is looking into the matter in detail.

What will be the changes that food product manufacturers will have to bring about for food product and additives in wake of the implementation of FSSA in the country?
In the pre- FSSAI era prior to 2006, only fortified and proprietary foods existed but no regulation was there for functional foods. But now foods for special nutrition or dietary uses must indicate validated labels which provide distinct composition differing from normal foods, if it exists. It should also specify supplements to regular diet or address certain diseases / physiological conditions.

In the wake of increased use of Ayurveda, the Section 22 of the FSSA has specified the contents which need to be followed by manufacturers. Therefore, the challenge for food manufacturers in the post- FSSAI era covers selection of right ingredients, correct labelling, proper science-based research / results and composition.

How important it is to formulate a negative list for additives?
Indeed it is very important to formulate a list of negative food additives since one may argue that if a chemical is not mentioned in the list of food additives, it doesn�t mean that it is harmful. However, negative listing will include even all those materials whose health implications are not known. And hence this list will clear the ambiguity on usage of food additives.

How important is upgrading food labs for newer methodologies in method validations in the additives industry?
There are around 72 food testing labs in the country but most of them don�t have either the equipments or technical persons who can conduct the validation of food additives in the food industry. In view of the requirement to meet standards of FSSAI, there is a great need to develop and / or upgrade food testing laboratories and few steps have been taken towards the same. At least, 125 NABL-accredited food testing laboratories for chemical and microbial testing have been proposed in the FSSAI meeting. Each lab will cater to five districts. In addition to setting up the new labs, the FSSAI will focus on upgrading these existing labs to capacitate them to testing all parameters. These labs would be brought up to a level where they were able to obtain the NABL certification.

Can help be taken from academicians in policy-making for food additives?
Of course, we should utilise their knowledge in making standards because they are the one who actually do the research-related to food additives, their use in food & long-term implications on health. They continuously upgrade their knowledge by way of reading scientific papers & conducting research on the same. Hence, their viewpoint must be taken into consideration while making food policies.

What are the technological advancements happening in the area of additive?
Many new techniques are being researched that will allow the production of additives in ways not previously possible. One approach is the use of biotechnology, which can use simple organisms to produce food additives. These additives are the same as food components found in nature. For example, enzyme, rennin, which traditionally had been extracted from calves' stomachs for use in making cheese is now bioengineered. Regulations need to be included in FSSA for same.
Do you find the new regulation more industry-friendly or is it consumer-friendly? Why?
The design of the new FSS Act is consumer-friendly and the emphasis is on consumer safety since the focus has shifted to scientific research. The new system is more transparent & open to consumer complaints. The labelling requirements have also got stricter which will be very helpful to consumers.

What are the challenges with the upcoming food law for the ingredient industry?
The major challenge for the ingredient industry with the implementation of FSSA is the time needed to get approval of any new food additive to be used. Since the process is time consuming, the time gap between invention of any new ingredient and its launch in market may take long. Also now, in-detail laws are being made under FSSA for functional foods & nutraceuticals which manufacturers have to follow. The labelling requirements have also got stricter, thereby, restricting the use of ingredients used in food preparations.

What are the shortcomings in the previous law, which you want the new Act to overcome?
The new regulations have been designed to make food safer and the main features of the Act includes licensing for manufacture of food products, which was granted by the central agencies under various Acts & Orders, is decentralised to the commissioner of food safety and his officer. Shift from mere regulatory regime to scientifically-based self-compliance through food safety management systems.

Some of the shortcomings of the previous regulatory system are

Varied quality / safety standards restricting innovation in food products
Thin spread of manpower, poor laboratories infrastructure and other resources restricting fixation of effective standards
Standards are rigid and non-responsive to scientific advancements and modernisation
Poor information dissemination level to consumer level

Do you have any suggestions for inclusion or exclusion of specific standards to help in the growth of the industry?
There should be a proper mechanism in place for the implementation of the Act and surveillances.

Will the new regulation help to curb fraudulent practices in food additives, in what way?
There is a plan to introduce negative food additives list and as mentioned earlier, this will help both food manufacturers as well as consumers in achieving food safety.

What is your take on the penalties imposed?
Though there is no lower limit to the amount of penalty being levied on an offence committed by the FBO (Food Business Operators), leaving him vulnerable to higher penalties, his past conduct on safety may be taken into consideration while imposing a penalty on him.

I think this system will be helpful in creating a safer food system for consumers as everybody is afraid of penalties & food manufacturers / distributors will avoid the illegal practices to gain profit.