Dinakaran News

Laws Governing The Food Industry In India - Revisited

The food processing industry one of the largest industries in India is widely recognized as a 'sunrise industry' in India having huge potential for uplifting the agricultural economy, creation of large scale processed food manufacturing and food chain facilities, and the resultant generation of employment and export earnings.
Laws governing the food industry:
The Indian food processing industry is regulated by several laws which govern the aspects of sanitation, licensing and other necessary permits that are required to start up and run a food business. The legislation that dealt with food safety in India was the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "PFA"). The PFA had been in place for over five decades and there was a need for change due to varied reasons which include the changing requirements of our food industry.
The act brought into force in place of the PFA is the Food Safety and Standards Act, 2006 (hereinafter referred to as "FSSA") that overrides all other food related laws. It specifically repealed eight laws which were in operation prior to the enforcement of FSSA:

• The Prevention of Food Adulteration Act, 1954
• The Fruit Products Order, 1955
• The Meat Food Products Order, 1973
• The Vegetable Oil Products (Control) Order, 1947
• The Edible Oils Packaging (Regulation) Order, 1998
• The Solvent Extracted Oil, De oiled Meal, and Edible Flour (Control) Order, 1967
• The Milk and Milk Products Order, 1992
• Essential Commodities Act, 1955 (in relation to food)

Need for the new act:

FSSA initiates harmonization of India's food regulations as per international standards. It establishes a new national regulatory body, the Food Safety and Standards Authority of India (hereinafter referred to as "FSSAI"), to develop science based standards for food and to regulate and monitor the manufacture, processing, storage, distribution, sale and import of food so as to ensure the availability of safe and wholesome food for human consumption. All food imports will therefore be subject to the provisions of the FSSA and rules and regulations which as notified by the Government on 5th of August 2011 will be applicable.

Key Regulations of FSSA:

A. Packaging and Labeling:

FSSA provides for separate packaging and labeling regulations known as Food Safety and Standards (Packaging and Labeling) Regulations, 2011 (hereinafter referred to as the "Packaging and Labeling Regulations") which lay down the statutory and regulatory requirements for packaging and labeling of products. A plain reading of the Packaging and Labeling Regulations, show that there are different kinds of products: Pre-packaged, Proprietary and other specific products as mentioned in the regulations.
Regulation 2.12 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 defines "proprietary food" as food that has not been standardized under these regulations. Regulation 1 (8) of the Packaging and Labeling Regulations defines "prepackaged" or "pre-packed food", as food, which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the consumer.
The Packaging and Labeling Regulations provide the general requirements for labeling of food products prescribed under the FSSA, as follows:

1. The particulars of declaration required under these Regulations to be specified on the label shall be in English or Hindi in Devnagri script: Provided that nothing herein contained shall prevent the use of any other language in addition to the language required under this regulation.
2. Pre-packaged food shall not be described or presented on any label or in any manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character in any respect;
3. Label in pre-packaged foods shall be applied in such a manner that they will not become separated from the container;
4. Contents on the label shall be clear, prominent, indelible and readily legible by the consumer under normal conditions of purchase and use;
5. Where the container is covered by a wrapper, the wrapper shall carry the necessary information or the label on the container shall be readily legible through the outer wrapper and not obscured by it.

In addition to these general requirements specified above, every package of food shall also carry the following information on the label: (i) name of the food; (ii) list of ingredients; (iii) nutritional information; (iv) declaration regarding veg. and non-veg; (v) declaration regarding food additives; (vi) name and complete address of the manufacturer; (vii) net quantity; (viii) lot/code/batch identification; (ix) date of manufacturing or packing; (x) best before and use by date; (xi) country of origin for imported food; and (xii) instructions for use.
Since a large variety of food products are being imported into India, under the Packaging and Labeling Regulations, it becomes necessary to mention the country of origin of the food on the label of food imported into India, and when a food undergoes processing in a second country which changes its nature, the country in which the processing is performed shall be considered to be the country of origin for the purposes of labeling.
Therefore, the above are the statutory and regulatory requirements that are to be complied with regard to labeling of products that are sold in the Indian market as "pre-packaged goods".

B. Signage and Customer Notices:

Having briefly dealt with the statutory and regulatory requirements with respect to labeling of products, it is necessary to understand the statutory and regulatory requirements with respect to signage and customer notices more from the point of view of a food outlet. It is important to note that though the provisions of FSSA do not specifically provide for any statutory and regulatory requirements either for signage or customer notices, but it has certain provisions with regard to advertisement of products by food business operators.
Section 3 (1) (b) of FSSA defines the term "advertisement" (which includes a "notice") as any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website and includes through any notice, circular, label, wrapper, invoice or other documents.
Section 24 of the FSSA provides that no advertisement shall be made of any food which is misleading or deceiving or contravenes the provisions, rules and regulations made there under. No person shall engage himself in any unfair trade practice for purpose of promoting the sale, supply, use and consumption of articles of food or adopt any unfair or deceptive practice including the practice of making any statement, whether orally or in writing or by visible representation which:

1. falsely represents that the foods are of a particular standard, quality, quantity or grade-composition;
2. makes a false or misleading representation concerning the need for, or the usefulness;
3. gives to the public any guarantee of the efficacy that is not based on an adequate or scientific justification thereof, provided that where a defence is raised to the effect that such guarantee is based on adequate or scientific justification, the burden of proof of such defence shall lie on the person raising such defence.

FSSA being applicable to all food business operators in India, the provision with regard to advertisements would have to be complied with.
C. Licensing Registration and Health And Sanitary Permits
It is also important to note that FSSA, being the only legislation applicable to the food industry throughout the country, will also apply as far as the national health and sanitary permits are concerned.
The Food Safety and Standards (Licensing and Registration of Food Business) Regulations, 2011 (hereinafter referred to as "License and Registration Regulations") govern the aspect of license and registration of a food business operator.
Under Regulation 2.1 of the License and Registration Regulations, all food business operators in the country are required to be registered or licensed in accordance with the License and Registration Regulations, hence no person shall commence any food business unless a valid license is possessed by the food business operator, and the conditions with regard to safety, sanitary and hygienic requirements have to be complied with at all times by them.
One of the prime purposes of these conditions is to ensure that the food business operator maintains sanitary and hygienic standards as specified in each food category. It is hereby recognized and declared as a matter of legislative determination that in the field of human nutrition, safe, clean, wholesome food is indispensable to the health and welfare of the consumer of the country.
It shall be the deemed the responsibility of the food business to comply with the labeling, safety and health and sanitary requirements laid down in the License and Registration Regulations. The labeling requirements are specified under the regulations and they need to be complied with at all times especially with regard to pre-packaged goods.

Penalties:

The FSSA provides for penalties in case of any non compliance. Generally, non-compliance with various provisions of the FSSA may attract penalty of up to Two Lakh Rupees (approx USD 4000). However, under Section 63, it provides that if any person or food business operator (except the persons exempted from licensing under sub-section (2) of Section 31 of FSSA), himself or by any person on his behalf who is required to obtain license, manufacturers, sells, stores or distributes or imports any article of food without license, shall be punishable with imprisonment for a term which may extend to six months and also with a fine which may extend to Five Lakh Rupees (approx USD 9000).

Other Licenses:

The FSSA being a central act has to be complied with by all the food business operators in the country. However, India being a big market, each state may have their local laws which may also need to be complied with. Some of the other approvals and licenses that a food operator may be required to obtain from various authorities under other laws include: health and trade licenses from the municipal corporation of the relevant area, environmental clearance, no-objection certificate for fire prevention and safety, registration under the police act of the respective city/state, verification certificate under the Standards of Weights and Measures Act, 1976 for each of the outlets issued by the Department of Legal Metrology of the respective areas, registration under the shops and establishments act of the respective state, eating house license and liquor license.
A license for playing music in restaurants is also required for playing recorded or live music. It is mandatory for a food business to obtain insurance from any insurance company with regard to public policy, product liability, fire policy, building and assets. Other insurances though are not mandatory may be useful if taken.
Some of the other registrations and permissions may include registration under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 if it is engaging more than 20 employees. Registration is also required under the Central Excise Act, 1944 as in respect of goods specified in Third Schedule of the said act, repacking, re-labeling, putting or altering retail sale price etc. will fall into the category of manufacture. Subject to applicability, other statutory and regulatory compliances may also include registrations under Income Tax Act, 1861, Customs Act, 1962, sales tax, service tax and other labour laws.

Foreign Direct Investment in the Food Processing Industry:

Foreign Direct Investment (hereinafter referred to as "FDI") is permissible for all the processed food products under 100% automatic route (except for items reserved for micro, small and medium enterprises, where FDI is permissible under automatic route up to 24%), subject to applicable laws/regulations/securities and other conditions.

Conclusion:

The preamble of PFA laid emphasis only on provisions for prevention of food adulteration. FSSA lays emphasis on consolidating the laws related to food and to establish FSSAI for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected with them. The new objectives clearly go far beyond the objectives of PFA. The strict penalties imposed in FSSA may lead to increase in corruption, as enterprises may resort to unfair practices to avoid these penalties.
The PFA dealt with countless Government ministries handling different food sectors as per separate orders, like the fruit products order, and other orders related to vegetable oil products, edible oils packaging, milk and milk products and meat food products, which were issued at different points of time and were sometimes overlapping and inconsistent. On the other hand, a unified act like FSSA enables unidirectional compliance. The administrative control of the FSSA has been assigned to the Ministry of Health and Family Welfare thereby establishing a single reference point for all matters and eradicating any possibility of multiplicity of orders or the chance that any coordination problems are caused.
Apart from the harmonization of laws relating to food quality and standards with established international norms, FSSA aims at regulating food hygiene and safety laws in the country in order to systematically and scientifically develop the food industry. Thus, the food processing industry may see FSSA as a mixed blessing but the practical application of this legislation, being at its nascent stage, will require some time to come into full force.

E-cigarette classification as medicines plan angers industry

Health officials want to give electronic products same status as gums, patches and mouthsprays that contain nicotine

Electronic cigarettes are to be classed as medicines under proposals to tighten up the regulation of products containing nicotine – but their manufacturers say they will not co-operate unless forced to do so by EU law.

Invitations to put their products forward voluntarily to be classed as medicines by UK authorities provoked fury in the industry, which may be worth £250m in Britain by next year. The products are used by an estimated 1.3 million people.

Health chiefs want to put e-cigarettes on the same legal basis as gums, patches and mouthsprays designed to help wean smokers off their habit, but the trade association for the industry, Ecita, claimed this would force alternatives to tobacco out of the market.

The Medicines and Healthcare products Regulatory Authority (MHRA) said the government wanted to regulate all nicotine-containing products - some such as gums, patches and mouth-sprays already are - because it could not at the moment guarantee their safety and efficacy. The move will also mean that licensed e-cigarettes could be prescribed to help smokers cut down or quit.

The UK is pressing for an EU-wide position in new legislation to be introduced next year and take force in 2016. It believes countries such as France, Germany and Denmark are likely to take a similar path. Meanwhile the MHRA encouraged e-cigaratte companies to apply for a medicines licence in advance of any law.

Jeremy Mean, responsible for vigilance and risk management at the MHRA, said the decision that provides "a framework that will enable good quality products to be widely available. It's not about banning products that some people find useful, it's about making sure that smokers have an effective alternative that they can rely on to meet their needs."

There is no sign of any part of the UK following France in considering a ban on using e-cigarettes in public places. The chief medical officer, Dame Sally Davies, said: "Smokers are harmed by the deadly tar and toxins in tobacco smoke, not the nicotine."

"While it's best to quit completely, I realise that not every smoker can and it is much better to get nicotine from safer sources such as nicotine replacement therapy.

"More and more people are using e-cigarettes, so it's only right these products are properly regulated to be safe and work effectively."

The decision was backed Action on Smoking and Health and Labour, although its public health spokeswoman Diane Abbott warned that "increasing regulation on e-cigarettes while kicking standard packaging for cigarettes into the long grass is a sign the government has caved into the bullying tactics of Big Tobacco and risks sending out the wrong message that e-cigarretes pose a greater threat than smoking."

Ecita said: "Nicotine containing products can only be considered a medicine when they claim to help users quit smoking. Electronic cigarettes do not do this: they simply allow users to satisfy their desire for recreational nicotine – a perfectly legal drug – without the thousands of harmful chemicals produced by burning tobacco.Courts around Europe have already ruled that electronic cigarettes marketed without such claims cannot be reclassified as medicines, because this would lead to the absurd situation of tobacco cigarettes becoming medicines.

Katherine Devlin, Ecita's president, said: "What the MHRA proposes – forcing all e-cigarette users to use licensed products that cannot replicate the smoking experience in the same way – is bad news for public health. Yet the MHRA proposes to do exactly that, while toxic tobacco products which cause far more harm are left on the market."

Damien Scott, commercial manager of manufacturers SKYCIG, said his company would wait to see how the law played out in ther EU. "We don't think this is necessary. We self-regulate, and restriction on products long-term will make them ineffective."

E-cigarettes to be regulated as medicines

Britain will start regulating electronic cigarettes and other products containing nicotine as medicines, according to the country's top regulator.
E-cigarettes are battery-operated products that turn nicotine into a vapor inhaled by the user.
The Medicines and Healthcare Products Regulatory Agency said in a statement Wednesday it would treat e-cigarettes as medicines, "so that people using these products have the confidence they are safe, are of the right quality and work."
E-cigarettes and other nicotine products will be licensed in the U.K. from 2016, giving manufacturers time to ensure their products comply with all standards for medicines. The U.K. regulator says e-cigarettes aren't recommended for use until then, but it won't ban them entirely.
"While it's best to quit completely, I realize that not every smoker can and it is much better to get nicotine from safer sources such as nicotine replacement therapy," Britain's chief medical officer, Sally Davies, said in a statement. "It's only right (e-cigarettes) are properly regulated to be safe and work effectively."
Cigarettes are exempt from the regulation.
Last week, Britain's independent health watchdog said smokers unable to go cold turkey should be encouraged to use nicotine products like gum and patches to help them cut down. It hadn't recommended e-cigarettes, because they weren't yet regulated. Experts say smokers are at risk from the toxins and tar in cigarettes, not the nicotine. 

Smoking is the biggest cause of preventable deaths in England, killing about 80,000 people every year. Once e-cigarettes and other nicotine products are licensed by the U.K. regulator, they will be available for sale as over-the-counter medicines. Britain said it will now push for European law to recognize nicotine products as medicines. 

Some manufacturers said they were concerned about the new classification. Damien Scott, commercial manager of e-cigarette maker SKYCIG, said the products have been self-regulated to ensure they meet consumer standards.
"Medical regulation, which could restrict access to these lifestyle products, is entirely unjustified," he said.
In the U.S., the Food and Drug Administration announced in 2011 that it would regulate e-cigarettes as tobacco products and won't try to regulate them under stricter rules for medical drug-delivery devices following a legal battle.
The FDA, however, plans to assert regulatory authority over the fast-growing category in the near future.
E-cigarettes could also still be regulated as drugs or drug-delivery devices, if they are "marketed for therapeutic purposes" - for example, as a stop-smoking aid.

22,000 quintals of wheat declared unfit for human consumption

Deoli: Even as the UPA pushes for its ambitious food security legislation, there has been little improvement when it comes to storage infrastructure for food grains. CNN-IBN on its visit to Deoli in Haryana for the third consecutive year has found out that 22,000 quintals of wheat, which was brought for storage in Deoli, has been decaying in sacks and has now been declared unfit for human consumption.

In 2011, CNN-IBN showed that the wheat stored in Deoli was on the verge of decay. In 2012, when CNN-IBN revisited the village, it found out that the rot had gone worse. And now in 2013, the wheat stored in Deoli has been declared unfit for human consumption. At a time when India, where 42 per cent of children under the age of five are malnourished, is awaiting an ambitious food security law, who is responsible for this waste?

Once procured for distribution at ration shops, 22,000 quintals of the rotting wheat will not be auctioned as cattle feed, for industrial use and manure. The previous food inspector at Deoli was suspended following CNN-IBN's report but that did not save the wheat and the new inspector is already playing the blamegame.

"Food inspector is responsible for the safety and preservation of food grain. I got this wheat in this very condition. The central government is responsible for this. How can they afford to keep grain in the open for so long? You can't keep wheat safe at home for this long, how can you expect wheat to be fine in the open," said Food inspector, Palwal, Prahlad Singh Tewatia.

Meanwhile, at a nearby village Bhagola, labourers are trying to sift good wheat from the rot. "We don't about the quality of the wheat. We are only filling up the sacks and packing them up," the labourers told CNN-IBN.

Even as the wheat is rotting in Bhagola, the government is trying to palm it off to the poor through the Public Distribution Scheme. The District Food Supply Controller, however, tries to play it down.

"This wheat is clean, it will go to the PDS. Some of it is damaged, we are separating the spoilt wheat from the one that's fine," GPS Sikri District Food Supply Controller Faridabad and Palwal said.

2.1 lakh metric tonne of new wheat has been procured in Palwal in 2013. There is also one lakh metric tonne of wheat from the last year. With covered storage available for only 1.3 lakh metric tonne wheat in Palwal, it is clear that most of the fresh food grain will rot yet again.

Monitoring committee set up to enforce ban on gutka

Gearing up to implement the State government’s ban on gutka, pan masala, and tobacco, the district administration has constituted a separate monitoring committee here.

Headed by Collector T. Munusamy, the committee would include the Superintendent of Police, District Revenue Officer, District Social Welfare Officer, Chief Education Officer, Deputy Director (Health), Excise Officer, and the Regional Transport Officer.

The committee is empowered to conduct surprise raids and checks and curb movement of gutka from other districts at district checkpoints.

Convening a consultative meeting here at the collectorate recently, Collector T. Munusamy said that vigilance had to be in place to monitor sales, hoarding or illegal movement of consumables containing ghutka, pan, and tobacco, in any form.

The committee shall have such consumables seized and destroyed and bring to book the violators under the Food Safety and Standards Act, 2006.

Addressing the consultations, Mr. Munusamy said the World Health Organisation’s statistics placed the number of tobacco-related deaths at 2.5 million to 3 million annually.

In India, 53.5 percent of the population used gutka and tobacco. This included 66.2 per cent men and 40 per cent women. Over 10 lakh people die of tobacco-induced cancer in the country, Mr. Munusamy said.

In a bid to create awareness among the youth, special focus would be on schools and colleges by way of awareness rallies on the ills of tobacco. The ban has been in implementation in the State since May 23, this year.

Asiya Mariam, District Revenue Officer; and V. Manikandan, Revenue Divisional Officer; were present.

Health department to crack down on gutka sale

HUBLI: The district administration will crack down on gutka manufacturers, dealers and sellers. Companies found manufacturing gutka will be penalized up to Rs 10 lakh while shops selling the product will have to forgo their licence and face legal consequences.
The administration has formed special teams consisting of health safety officers and health department officers to curb the sale of gutka in the district after the state has banned its sale. Special teams have been conducting raids and seizing gutka since a week. But now the teams will act tough penalizing violators.
The ban was a crucial step forward, but the challenge lay in its implementation. According to sources, after banning gutka products on June 1, initially, the government had not issued guidelines on how to implement the ban. But the district administration has received a clear set of guidelines on June 7 from the state government on how to deal with people who defy the ban. Based on this, the district administration chalked out a stringent action plan to act tough against gutka sellers and manufacturers, said sources.
Dr S G Babruwad, designated officer for Food Safety and Standards Authorities of India (FSSAI), said that they had initiated action against the manufacturers and sellers of the banned gutka products. We have seized more than 300 gutka sachets in the district in the past one week after conducting raids on paan-beeda shops. Shopkeepers have been warned by the team against selling the products again. We have given instruction to our teams to check each and every shop in the urban areas of Hubli-Dharwad and in all the taluks in the district,'' he added.
The state government has issued clear directions that the seized products should not be disposed unethically. Some districts are said to have burned gutka sachets in open places. As gutka consists tobacco and nicotine, it that cannot be disposed in open place. The authorities have been told to follow the bio-metric waste disposal method to dispose the seized products.
Safety Act
Authorities will initiate action under section 57, 58 and 59 of Food Safety and Standards Act of 2006. Under this act, authorities can seize, or cancel the licence and registration of the shop or manufacturing companies.

Dinamalar

பிராட்வே பேருந்து நிலையத்தில் தடை செய்யப்பட்ட பான் மசாலா, குட்கா புகையிலை பொருட்கள் விற்பனையும் படுஜோர்

சென்னை,

பிராட்வே பேருந்து நிலையத்தை நடைபாதை வியாபாரிகள் ஆக்கிரமித்து கடைகளை அமைத்துள்ளனர். இதனால் பயணிகள் அவதியடைந்து வருகின்றனர்.

தடை விதிக்கப்பட்டுள்ள பான் மசாலா, குட்கா போன்ற புகையிலை பொருட்கள் விற்பனையும் பேருந்துநிலையத்தில் நடந்து வருகிறது.

புகையிலை பொருட்கள் விற்பனை

தமிழகத்தில் பான் மசாலா, குட்கா போன்ற புகையிலை பொருட்களை விற்கக்கூடாது என்று தமிழக அரசு உத்தரவிட்டுள்ளது. எனினும் பான் மசாலா, குட்கா போன்ற புகையிலை பொருட்கள் விற்பனை பிராட்வே பேருந்து நிலையத்தின் உள்ளேயும், வெளியேயும் நடந்து வருகிறது. பேருந்து நிலையத்தின் சாலைகளில் ஒரு சில பகுதிகள் குண்டும், குழியுமாக உள்ளது. இது பேருந்து ஓட்டுனர்களுக்கு மிகுந்த சிரமத்தை ஏற்படுத்தி உள்ளது

Food supplements promising rapid body growth fail test

Health authorities to launch legal action against Sangrur shopkeepers

Sangrur, June 12
A large number of powdered food supplements, promising rapid body growth, are being sold in every part of the state. The district health authorities recently collected six samples of such products procured from shops situated at Sunam, Dhuri and Dirba in the district.

However, all the six samples failed to meet norms of the Food Safety and Standards Act (FSSA) during a laboratory test, conducted by Food Analyst, Punjab.

The laboratory has labelled these products as misleading (packaging of the product contains misleading statements) or substandard or both.

The health authorities maintain that the results of these six samples fall in the category of "failed" samples as per the FSSA.

They will now launch proceedings in the court of Additional Deputy Commissioner-cum-Adjudicating Officer, Sangrur, especially designated under the FSSA. The sellers may be fined up to Rs 10 lakh, if it is proved that the product information is misleading and Rs 5 lakh, if the product is found substandard.

Dr Surinder Singla, District Health Officer, Food Safety, said the quantity of the total stock of body growth products being sold in the district could not be ascertained. He said it was also possible that the products whose samples were collected were fake.

Dr Singla said it had come to their notice that so-called fitness experts and gym trainers had been prescribing such products to youths for rapid body growth.

Dr HS Bali, state nodal officer, Food Safety, said a majority of the samples of body growth food supplements were collected from Sangrur district. He said instructions were being issued to all the district health officers to collect a maximum number of samples of such products from their respective areas.

Meanwhile, Sangrur Civil Surgeon Dr Subodh Gupta said during past five months, a total of 139 food samples had been collected in the district, of which 23 samples had failed the test while the results of 15 others were awaited. 

health hazard
* The Sangrur authorities collected six samples of body grow supplements from shops in Sunam, Dhuri and Dirba towns
* All the samples failed to meet norms of the Food Safety and Standards Act during a test, conducted by Food Analyst
* The laboratory has labelled these products as misleading (packaging of the product contains misleading statements) or substandard or both
* The sellers may be fined up to Rs 10 lakh, if it is proved that the product information is misleading and Rs 5 lakh, if the product is found substandard