Top Questions From Discussion Forums Answered By FoodSafetyHelpline Experts

FoodSafetyHelpline experts replied to the recent queries:

Q. What is difference between FSSAI/State FDA Registration & License?

A. FSSAI is the apex food regulator in India for the manufacture, sale, distribution, import of the food article. FSSAI is the central licensing authority for regulating & implementing the Food Safety & Standards Act, 2006. The state food authorities work under the FSSAI regulations. The criteria for state/central license & registration will depend upon various factors like production capacity, annual turnover etc.

Please go through the below links for your better understanding:

Criteria for Registration

Criteria for Central License

Criteria for State License

Q. I want to know that for sale of Nutritional Health Supplement, which license should I take?

A. You have to obtain a license under the Food Safety & Standards Act, 2006. If you are not a manufacturer or the brand owner of the Nutritional Health Supplement, then you can apply online for the license as now there is an online procedure for the same. If you are the brand owner of the product then first you have to apply for the Food Product Approval as per Section 22 of the Food Safety & Standards Act, 2006 and then you can apply for the license.

Q. As per notification 4/15015/30/2011 Dt 23.06.14 – time to comply with license logo display on label is up to 1st Jan’2015.

But if one FBO is issued the license number by FSSAI on 1st Jan’2015, by when he has to display it on Label. Is there any notification in this regard giving timelines. Draft amendment issued on 29.12.2011 specified a provision of 6 months from date of issue of license which in is not there in Gazatte notification – PL PROVIDE CLARITY.

A. As on date, the latest advisory has superseded the earlier communications by the food authority in this regard and every food business operator has to abide by the contents of the latest advisory which says that from January 1, 2015, FSSAI logo and License number should be mentioned on the label of a food product. Also, we would like to add here that the specified provision of 6 months was ‘from the date of issue of the notification’ and not ‘from date of issue of licensee’, that period too has expired.

Q. Want to know what is the last amended date to put licence no. on prepackaged foods?

A. As per the latest advisory issued by the food authority, from January 1, 2015, every prepackaged food article should bear FSSAI logo and License number on the label.

Food Safety Bill Withdrawn From RS for Further Amendments

The government today withdrew from the Rajya Sabha a bill related to food safety and standards which it wants to amend further taking into account recent court judgments.

The Food Safety and Standards (Amendment) Bill, 2014 was withdrawn by Minister of State for Health Shripad Yasso Naik.

The previous UPA government had proposed amendments to the Act to expand the composition of the Food Safety and Standards Authority of India (FSSAI) and dispense with certain conditions in public interest while making regulations on food.

The bill was introduced in Rajya Sabha on February 19, this year.

However, the move to withdraw the bill was objected by P Rajeeve (CPI-M), who said it was under consideration of a Standing Committee.

"On the basis of this statement, the House has no legislative competence," Rajeeve said, referring to papers apparently provided to him by the government.

PJ Kurien, who was in the Chair, said the objection is "pertinent" and if the bill is with the Committee, the House cannot withdraw it.

Minister of State for Parliamentary Affairs Mukhtar Abbas Naqvi then told the House that a report had been received from the Committee.

Following Naqvi's intervention, Kurien said that it is very clear that a report had come from the Committee and it is on record with the Minister also having said so.

The motion was then adopted and the Food Safety and Standards (Amendment) Bill 2014 withdrawn.

An official statement released last month said the bill needs to be further amended after taking into account judgements of the Supreme Court, Lucknow Bench of Allahabad High Court, and representations received by the government and other recent developments.

Food safety bill withdrawn from RS for further amendments

New Delhi: The government on Tuesday withdrew from the Rajya Sabha a bill related to food safety and standards which it wants to amend further taking into account recent court judgments.

The Food Safety and Standards (Amendment) Bill, 2014 was withdrawn by Minister of State for Health Shripad Yasso Naik.

The previous UPA government had proposed amendments to the Act to expand the composition of the Food Safety and Standards Authority of India (FSSAI) and dispense with certain conditions in public interest while making regulations on food.

The bill was introduced in Rajya Sabha on February 19, this year.

However, the move to withdraw the bill was objected by P Rajeeve (CPI-M), who said it was under consideration of a Standing Committee.

"On the basis of this statement, the House has no legislative competence," Rajeeve said, referring to papers apparently provided to him by the government.

PJ Kurien, who was in the Chair, said the objection is "pertinent" and if the bill is with the Committee, the House cannot withdraw it.

Minister of State for Parliamentary Affairs Mukhtar Abbas Naqvi then told the House that a report had been received from the Committee.

Following Naqvi's intervention, Kurien said that it is very clear that a report had come from the Committee and it is on record with the Minister also having said so.

The motion was then adopted and the Food Safety and Standards (Amendment) Bill 2014 withdrawn.

An official statement released last month said the bill needs to be further amended after taking into account judgements of the Supreme Court, Lucknow Bench of Allahabad High Court, and representations received by the government and other recent developments.

HC Tells TDB to Ensure Adherence to Food Safety Norms

KOCHI: The Kerala High Court on Tuesday directed the Travancore Devaswom Board (TDB) to ensure that the standards prescribed by the Food Safety Commissioner are strictly followed in the preparation of ‘appam’ and ‘aravana’ at the Lord Ayyappa Temple at Sabarimala. The Division Bench also held that if any batch of the ‘prasadam’ is not prepared in conformity with the standards it should not be distributed to devotees.

The Bench, comprising Justice P N Raveendran and Justice P B Suresh Kumar, passed the order based on a report by the Special Commissioner on the preparation of appam and aravana.

In 2012, the court had directed the TDB to follow the suggestions of the Commissioner on the production, packaging and handling of aravana and appam at the Sabarimala temple.

The court also observed that the laboratory on the temple premises should be functional during the monthly poojas and in the ‘mandalam makaravilakku’ season. There should be a complete regulatory mechanism in place with regard to the procurement of materials, as well as the production and packaging of aravana and appam.

The Bench held that the District Collector and the Sabarimala Special Commissioner should ensure the compliance of the order.

Ensure quality of Sabarimala ‘prasadom,’ court tells TDB

A Division Bench of the High Court on Tuesday directed the Travancore Devaswom Board (TDB) to ensure that Appam and Aravana at Sabarimala are prepared in accordance with the standards prescribed by the Food Safety Commissioner.

The Bench comprising Justice P.N. Ravindran and Justice P.B. Suresh Kumar ordered that if the ‘prasadom’ had not been prepared as per the prescribed standards, it should not be distributed to devotees.

The court asked the District Collector, Pathanamthitta, and the District Police Chief to ensure compliance.

The court also recalled that the Bench had already issued directives to supply quality food at Sabarimala during the Mandalam-Makaravilakku season. The Bench said it had ordered steps to ensure the quality of ‘prasadom’ ingredients

Plea of accused dismissed

The Kerala High Court on Tuesday dismissed a petition filed by four accused seeking to quash the case registered in connection with the sale of substandard shawarma in Thiruvananthapuram.
The Crime Branch had registered cases under the provisions of the Food Safety Act and under section 304 of Indian Penal Code (culpable homicide not amounting to murder). The prosecution case against Abdul Khadar and others was that after having shawarma prepared and sold from their shop, on July 7, 2012, ten customers were admitted to various hospitals for treatment of food poisoning. Besides, a youth who had eaten shawarma from the shop died in Bangalore.
The court said that the petitioners were not entitled to get the case quashed.

Traders selling milk directed to keep testing machines

Jammu, December 9The Jammu Municipal Corporation (JMC) has directed shopkeepers dealing with milk distribution to keep milk testing machines on their premises.

The corporation has directed shopkeepers dealing with milk to place cow, buffalo and mixed milk separately on their premises.

Trying to stop the influx of adulterated milk in the city, the JMC has also decided to deploy teams of food safety officers at points from where the milk vendors enter city.

This has been decided as one of the steps to check the quality of milk before it reaches consumers. The corporation has also given its telephone numbers — 2571308 and 18001807034 (toll free) — in case of any complaint against shopkeepers.

“Officials have also been instructed to check licences of all milk vendors entering the limits of the Municipal Corporation and should not allow any milk vendor without licence to enter. They should also check the quality of milk sold by vendors who possess licence,” said a municipal official.

A senior municipal official said the civic body was fighting a losing battle against the adulteration in the city as it did not have required facility and equipment to test milk and its products.

Drive to stop adulteration

• The Municipal Corporation has directed shopkeepers dealing with milk to place cow, buffalo and mixed milk separately on their premises
• Trying to stop the influx of adulterated milk into the city, the MC has also decided to deploy teams of food safety officers at points from where the milk vendors enter the city
• The MC has also given its telephone numbers —2571308 and 18001807034 (toll free) — in case of any complaint against shopkeepers

“To curb adulteration of milk, FDA Maharashtra to make plans”: Bhapkar

Milk adulteration is one of the key challenges faced by Food and Drug Administration (FDA) Maharashtra, and plans would be chalked out to curb it and sell quality, hygienic milk. This was stated by state FDA commissioner Dr Purushottam Bhapkar while speaking on Monday. 

In this regard, FDA Maharashtra is currently in talks with several non-governmental organisations (NGOs) and consumer organisations like Mumbai Grahak Panchayat for coming up with initiatives in curbing the malpractice. 

Shubhada Chaukar, member, managing committee, Mumbai Grahak Panchayat, said, “We have started a campaign called Pure Milk - Our Right to educate consumers about various types of milk adulteration and the ill-effects of the malpractice.” 

“We would encourage them to file complaints against those found indulging in adulteration,” she added. 

“But that is not enough to completely end adulteration. We need the help of state FDA and police officials, who would act against the culprits. We met Bhapkar, and sought his assistance,” she explained. 

Since the month of August, when Bhapkar was appointed state FDA chief, a great deal of emphasis has been put on food safety and the implementation of the Food Safety and Standards Regulations (FSSR), 2011. 

Further, raids have been carried out in the state in the past two to three months in ensuring sale of safe and hygienic food at shops, eateries, restaurants and other places.

Commenting on the raids, Bhapkar stated, “As a recent appointee, the major concern for me is to provide safe and hygienic food to public during the festive season.” 

“Thus, with strict vigilance maintained by officials throughout the season, a huge Diwali campaign was carried out all over Maharashtra, wherein 1,695 samples of food specially made for the season were collected, and goods worth Rs 1,51,62,077 were seized all over the state,” he added. 

“Another prime concern for the state was governance and implementation of the ban of tobacco and gutkha, which came into effect on July 20, 2012,” Bhapkar said. 

“In the last two years, FDA Maharashtra seized gutkha and allied products worth Rs 44.33 crore. So far, 1,078 cases have been registered against them,” he added. 

“It must be noted that only scented gutkha and tobacco have been banned, and their raw forms haven’t,” he signed off.