Jun 30, 2012

I am a Food Business Operator & Corporate Company. How does FSSAI Impact me?

Introduction
The Food Safety Standards Act was passed on 23rd August, 2006, by the parliament. The Government of India on notification set a body known as the Food Safety Standards Authority of India that formulated the Food Safety Standards Regulations (FSSR), 2011 that came in to effect from the 5th of August, 2011. The Ministry of Health & Welfare governs the Food Safety Standards Authority of India (FSSAI).   FSSAI governs all food business operators in the country & has entrusted the powers at various levels to other designated authorities like the FDA to speed the process of granting registration or licenses. With the law coming into effect last year, it becomes absolutely mandatory for every food business operator to register themselves under FSSAI or acquire a license. The Food Safety Standards Act brings under one roof all of the following-
  1. Prevention of Food Adulteration Act, 1954.
  2. Fruit Products Order, 1955.
  3. Meat & Food Products Order, 1973.
  4. Vegetable Oil Products (Control) Order, 1947.
  5. Edible Oils Packaging (Regulation), 1988.
  6. Solvent Extracted Oil, Deoiled Meal & Edible Flour (Control) Order, 1967.
  7. Milk & Milk Products Order, 1992.
  8. Any order under essential commodities Act, 1955 (10 of 1955) relating to food.
The Standard Weights & Measures Act, 1976 is however, not covered under the FSS Act.
Any food business operator that fails to comply with the conditions will have their license suspended or cancelled without a refund of fee.
The maximum punishment for violating the regulations is a fine of Rs. 10 lacs & 3 yrs imprisonment. The validity of the license may be anywhere from 1-5 yrs from the date of registration along with periodic inspections as & when ordered by the authority. Every FBO whose annual turnover is below 12 lacs you definitely need to register where as if annual turnover is above 12 lacs the FBO needs to get a license. Every FBO must also file returns with respect to the class of food products handled by him for the previous year. Although, dairy industries are required to file half yearly returns.
Salient Features
The past: Need for a new Food Safety Law -
• The pre-existing food regulatory laws were complicated due to involvement of various ministries and departments
• Multiplicity of food laws and different enforcement agencies working in different sectors of food made it more complex
• It lacked in scientific base, modernization and advanced instrumentation in analytical areas
• Lack of awareness among consumers
The new Food Safety Law –
• Decentralization of licensing for food products
• Easy issue of License with time frame of two months
• No License for small food business operators; only registration is mandatory
• Ensures simplified licensing procedures and registration
• The act ensures safety of consumers and assures full compensation to victim (In case of injury, grievous injury, death)
• The act emphasizes on training and awareness program regarding food safety for business operators, consumers and regulators
• The act encourages self regulation through introduction of Food Recall Procedures
Benefits of the new Food Safety & Standard Act
• Single point access to all laws and departmental controls.
• FSSAI as a single reference point for all matters relating to Food Safety and Standards, Regulations and Enforcement
• High degree of consumer confidence in quality & safety of food

I am a Consumer. How does FSSAI Impact me?

Introduction
The Food Safety Standards Act was passed on 23rd August, 2006, by the parliament. The Government of India on notification set a body known as the Food Safety Standards Authority of India that formulated the Food Safety Standards Regulations (FSSR), 2011 that came in to effect from the 5th of August, 2011. The Ministry of Health & Welfare governs the Food Safety Standards Authority of India (FSSAI).   FSSAI governs all food business operators in the country & has entrusted the powers at various levels to other designated authorities like the FDA to speed the process of granting registration or licenses. With the law coming into effect last year, it becomes absolutely mandatory for every food business operator to register themselves under FSSAI or acquire a license. The Food Safety Standards Act brings under one roof all of the following-
  1. Prevention of Food Adulteration Act, 1954.
  2. Fruit Products Order, 1955.
  3. Meat & Food Products Order, 1973.
  4. Vegetable Oil Products (Control) Order, 1947.
  5. Edible Oils Packaging (Regulation), 1988.
  6. Solvent Extracted Oil, Deoiled Meal & Edible Flour (Control) Order, 1967.
  7. Milk & Milk Products Order, 1992.
  8. Any order under essential commodities Act, 1955 (10 of 1955) relating to food.
The Standard Weights & Measures Act, 1976 is however, not covered under the FSS Act.
Every FBO whose annual turnover is below 12 lacs you definitely need to register where as if annual turnover is above 12 lacs the FBO needs to get a license. Every FBO shall display the license, the format of which is given in Form C, at all times at a prominent location. Every manufacturer, distributor or dealer selling an article of food to a vendor shall give either separately or in the bill, cash memo or label, a warranty or guarantee of quality, the format of which is in Form E.
Any food business operator that fails to comply with the conditions will have their license suspended or cancelled without a refund of fee.
The maximum punishment for violating the regulations is a fine of Rs. 10 lacs & 3 yrs imprisonment. The validity of the license may be anywhere from 1-5 yrs from the date of registration along with periodic inspections as & when ordered by the authority.
Salient Features
The past: Need for a new Food Safety Law -
• The pre-existing food regulatory laws were complicated due to involvement of various ministries and departments
• Multiplicity of food laws and different enforcement agencies working in different sectors of food made it more complex
• It lacked in scientific base, modernization and advanced instrumentation in analytical areas
• Lack of awareness among consumers
The new Food Safety Law –
• Decentralization of licensing for food products
• Easy issue of License with time frame of two months
• No License for small food business operators; only registration is mandatory
• Ensures simplified licensing procedures and registration
• The act ensures safety of consumers and assures full compensation to victim (In case of injury, grievous injury, death)
• The act emphasizes on training and awareness program regarding food safety for business operators, consumers and regulators
• The act encourages self regulation through introduction of Food Recall Procedures
Knowledge Series
Benefits of the new Food Safety & Standard Act
• Single point access to all laws and departmental controls.
• FSSAI as a single reference point for all matters relating to Food Safety and Standards, Regulations and Enforcement
• High degree of consumer confidence in quality & safety of food

Health Ministry's new labelling norms on cola, energy drinks may dent sales

NEW DELHI: The Health Ministry's likely notification, which may make it mandatory for beverage firms making colas to declare caffeine content on their labels, could have a significant impact on not only on established beverage firms but also smaller, regional brands. Besides Coca-Cola and PepsiCo, several smaller brands like RC Cola and Big Cola also sell their beverages in the country.

As of now, companies like Coca-Cola already declare that their colas contain caffeine. But with the notification likely to enforce statutory warnings of all products that contain caffeine, sales of such aerated drinks could be negatively impacted, say industry officials.

Health nutrionists, on the other hand, say the move should be implemented without delay. "The notification should be implemented so that Indian consumers can make informed choices about their beverage consumption," said Dr S. Parmar, a leading Delhi-based nutritionist.

While the aerated drinks industry is estimated at Rs 11,000 crore and growing anywhere between 15-20%, per capita annual consumption of Coca-Cola products in India is just 12...or one per person per month. In China, that number is 38, in Kenya, it's 40. The global average figure is a high 92.

Last week, the Food Safety and Standards of India ( FSSAI) laid down new standards for energy drinks, according to which the beverages will need to be renamed as 'caffeinated beverages' instead of energy drinks. The energy drinks labels will also have to carry statutory warnings that the products are not recommended for 'children, pregnant or lactating women, persons sensitive to caffeine and sportspersons'.

The move will potentially impact sales of energy drinks brands like Red Bull and Burn. The food authority has also notified an upper limit for caffeine in the beverage at 320 ppm (parts per million). The draft standards have been sent to the health ministry for notification.

Hygiene whip on food vendors

Kolkata: Don't be surprised if your neighbourhood chaiwala is forced to close shop after July for not obtaining a licence under the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.

The regulation came into effect on August 5, 2011, but the authorities had not been able to enforce it in Kolkata yet. Not only large restaurants, bars and canteens, even roadside food stalls come under these regulations. The deadline for obtaining the licences is August 4, 2012.

"The regulations were formulated by the Food Safety and Standards Authority of India under the ministry of health and family welfare to ensure that safe and hygienic food is supplied by the outlets. Every outlet needs to obtain a licence and maintain a certain level of hygiene. Kolkata is one of the cities where very few outlets have obtained licences. We have started raids elsewhere and will soon start in Kolkata. Outlets that do not have the licence will be shut down till they apply and ensure proper hygiene," a ministry official said from Delhi.

The problem is the Bengal government has not taken any steps to enforce the law or create awareness on the issue. Most food joints, especially the small ones, do not even know about the licence.

A ministry official said that they have information of some high-end restaurants, including a few on Park Street, not maintaining the requisite level of hygiene. "The food is to be cooked in a hygienic manner under proper cover to prevent harmful things from falling in. All stalls and outlets should have a proper sewerage facility that is not close to the drinking water source. The food has to be stored in a hygienic manner," he said.

The stall owner has to keep his hands clean and abstain from activities such as spitting, blowing his nose or scratching himself while preparing or serving the food. The utensils have to be washed properly in clean water. The regulations will also apply to college and office canteens and catering agencies that supply food during marriages and other ceremonies.

"We have been informed by the state government but preparations are still not at a level where we can issue licences to all stalls. Our software will have to be changed. We are looking into the matter," said Partha Pratim Hazari, MMiC, prevention of food adulteration.

Officials in Delhi say that they require assistance from the state governments and local civic bodies.

"In fact, the licence will be an additional benefit to the stall owners. By displaying the identity cards issued to them, they would be able to attract more customers. The customers would be assured of hygienic products, even if the stall is small," an official said.

The procedure of applying for licences is not too elaborate. The stall owner merely needs to apply to the registration authority that will then carry out an inspection and then issue a licence that needs to be renewed every year. The identity cards will be issued with the licences and have to be kept on display at all times.

Regulate salt use in fast food: WHO

A RISKY VENTURE: WHO wants the Union health ministry to regulate the use of salt and sugar in the fast foods 
 
New Delhi: The amount of salt and sugar on the menus of fast food companies in India may soon come under the scanner.
    The World Health Organization (WHO) on Friday said it would like to see the Union health ministry regulate the use of salt and sugar in the fast food being dished out. Experts say junk food — high on salt and sugar content — is fuelling India’s hypertension and obesity epidemic.
    Dr Nata Menabde, country representative of the WHO, told TOI that the global health watchdogs would support India with scientific evidence to help better negotiate with companies on cutting down salt and sugar use.
    “The ministry should put in place effective policies to reduce consumption of salt and sugar. However, there is also a
need to change the tastes of general public. We recommend the ministry should take up the issue with the food industry,” Dr Menabde said.
    A recent study — Consensus Dietary Guidelines for Healthy Living and Prevention of Obesity, the Metabolic Syn
drome, Diabetes and Related Disorders in Asian Indians — says Indians have become more affluent, urbanized and mechanized. The easy availability of convenience foods have led to irregular meals and frequent snacking on energy dense fast foods that typically have low nutritional value and are packed with sugar.
    WHO recommends consuming 5 grams of salt a day by an adult. However, an average Indian consumes 9-10 grams of salt a day.
    Salt is known to cause hypertension that is responsible for 57% of deaths due to stroke, and 24% of fatalities caused by heart attack in India. Experts say just by reducing salt consumption, India can reduce incidents of stroke by 25% and heart attacks by 10%. On the other hand, sugar is being considered the new enemy in Indian kitchens. A consortium of scientists recently said sugar is far from just “empty calories” that make people fat. At the levels consumed by most, sugar changes metabolism, raises blood pressure, critically alters the signalling of hormones and causes significant damage to the liver.