Maggi controversy fallout: Govt may exclude stuff like dietary supplements, which will be subject to tighter regulations

NEW DELHI: After the recent controversies involving the Food Safety and Standards Authority of India, the central government proposes to change the definition of food to widen its scope and close loopholes.

The new definition will exclude nutraceuticals, health supplements, functional food and dietary supplements, which will be subject to tougher regulations, officials from the industry and the health ministry said. The definitions of traditional and proprietary foods will be broadened. "The earlier definition of food had certain loopholes of which some companies, especially pharma companies, were taking advantage," said a senior official in the ministry of health. "Since regulations are more stringent for pharma products, companies tried to pass off nutraceuticals and health supplements as food, where regulations are slightly relaxed." According to the Food Safety and Standards Act, 2006, food is defined as "any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food." It excludes "drugs and medicinal products, cosmetics, narcotic or psychotropic substances."

The proposed draft also intends to broaden the definitions of traditional food and proprietary food. The current definition of proprietary food is "food that has not been standardised under these regulations." The draft definition of proprietary foods includes "food with additives added with a view to preserve such food and provide it with a distinct aroma or flavour or taste and a shelf life...," according to the proposal sent by the ministry to the industry.

Traditional food, which is described as food that has been and is "traditionally being consumed in the country" will be broadened to "food which is prepared in accordance with the knowledge normally transmitted from one generation to another, conforms to the gastronomic heritage of the country, or local area, or region of the country, with little or no processing or manipulation through addition of preservatives or otherwise and retains the sensory property."

The ministry of health and family welfare said on its website on September 3 that the government plans to review and amend the Food Safety and Standards Rules, 2011. It sought suggestions and comments from stakeholders by September 24. While a ministry can change rules, an act can be amended only in parliament. Representatives of the food industry, citing procedural lapses in the proposed changes, have alleged that the government wants to "sharpen their teeth and extend their reach beyond the normal to target the industry."

"It is not understood as to how and why all of a sudden an unscientific and adhoc, restrictive definition has been flashed to food industry for comments," said Amit Dhanuka, president of the All India Food Processors' Association. The industry bodies said the government is trying to avoid a discussion on the matter.