Top Questions on FSSAI Lic. & Reg. Answered by FoodSafetyHelpline

FoodSafetyHelpline experts replied to the recent queries:

Question: What in case a product approval is rejected by department. Is there any appellate body to approach against the order. How sale of product to be dealt, if the product is in the market for more than 10 year old and selling successfully without even a single case of sub standard or unsafe but even then product approval is rejected. Do we need to approach high court for stay?

Answer: There is no provision of appellate body on rejection of product approval. However we are of the view if you think that all the facts have not been considered or there are some additional facts which may support your product approval case, then you can always send your recommendations for reconsideration to the authority.

Question: If we make homemade jams and pickles in small quantities to sell, we only need a registration it seems – can this be done online or is a trip to the state/regional authority still necessary. Also how long does it take to get the registration certificate?

Answer: If your production capacity is Upto 100 Ltr /Kg per day, you need registration under Food Safety & Standards Act, 2006. There is an online procedure for obtaining a registration certificate/license under FSS Act, 2006. Get more information on Online Procedure. You can further read on for Criteria for Registration.

Question: I have FSSAI licence form “C”. I want to start water pouch manufacturing in Maharashtra. Pls help me to know can I use this licence or not.

Answer: If your existing license is for Water Manufacturing then you can use this license. However, just like to inform you that for water manufacturing plant you need to get the approval from BIS as it is mandatory for water processing plants to get the BIS registration besides obtaining FSSAI License.

Question: We are manufacturing Tamarind candies, Dry Lemon and Mango products which require no other chemicals than Sugar, Sacharine Powder, Chilli powder, hing and Salt. In some products, we use Mango and Orange flavour. We have not yet registered our business and the business is primarily home run marketed by our family members. Please let us know what documents should be kept handy at the time of online registration for Food Licence. At present we only have the licence obtained from Panchayat.

Answer: Whether you require a license or registration, it would depend upon the production capacity per day. You can further check for the eligibility for registration or license and the procedure. FSSAI sometimes authorizes local authorities for registration under FSS Act and you can verify this by contacting the food safety officer of your area concerned.

40-60 containers of olives held up; Self-declaration for imported foods

Mumbai

The long-simmering issue of holding up of imported foods at ports and airports across the country due to lack of labels that are as per FSSAI norms has flared up again with 40-60 containers of imported olives getting stuck.

In the past, foods and food ingredients worth Rs 30,000 crore imported from different countries are said to be lying at various ports and airports in the country due to labelling issues for more than a year.

In the latest instance, the containers of olives have been held up by the Customs as they are found to be low on salt (sodium chloride in brine) as preservative as per FSSAI (Food Safety and Standards Authority of India) norms. However, some food importers point out that the root cause of the issue is the differences between import standards for olives set by FSSAI and the Codex Alimentarius Commission, the international food standards.

According to them, FSSAI is demanding a higher level of salt (sodium chloride in brine) in olives - Codex norms allow only 1 per cent maximum, but FSSAI insists on 5 per cent minimum. This despite the fact that imported olives which are pasteurised need 1.75 per cent to 2 per cent (maximum) salt for preservation.

Deepak Asrani, managing director, Shri Roda Foods, a leading food importer, explains, “Olives are pasteurised and contain salt - 1.75 per cent to 2 per cent (minimum). This is considered to be maximum, as we need to wash them thrice to remove salt before consumption, while FSSAI says minimum salt 5 per cent; water, colour, stabiliser and citric acid are only contents. The jars are vacuum- packed for longer shelf life - 36 months.”

Asrani stressed that even two per cent salt content added as a preservative was harmful to health and it had to be washed thrice before consumption.

Industries facing crisis

Meanwhile, the hotel industry and ready-to-serve restaurants as also the bakery industry are faced with a crisis as olives are used as an important ingredient in foods like pizzas.

Amit Lohani, convenor, Forum for Indian Food Importers (FIFI), comments, “It has affected the business of importing and specifically of olives. Businesses now shy away from innovations and product developments, due to fear of a disapproval from the food safety authority.”

Process of standardisation

Interestingly, while importers are ruing over the absence of updated standards in FSSAI in particular to olives, the apex food authority is claiming that the process of standardisation was continuous and it was expected to harmonise some 11,000 standards by the end of August and subsequently will be notifying to the WTO.

Also sources from FSSAI revealed that they were still updating the standards to regulate all available food products with the help of a committee called Task Force that included NGOs, scientists, experts and activists, which would recommend new standards and regulations.

New technologies

Not only that, new technologies such as vacuumised and nitrogenised methods of preservation are also available for olives, for which FSSAI has no standards and it does not recognise them.

Firoz H Naqvi, secretary, Food Ingredients Manufacturers & Suppliers of India (FIMSI), explains, “Olives are a special case of concern, as government is not allowing new technologies for innovations. India imports olives mostly from the Gulf and European countries. Canned olives basically come soaked in a liquid, which gives acidity to olives but prevents them from rotting. While this helps the olives, it is harmful for the consumer, but is allowed by the food safety authority.”

He adds, “Now we have new methods of preservation such as vacuumised and nitrogenised olives, to keep them fresh and they are not harmful. But Indian government has no standards which allow these innovative methods to be used in our products. Because of this, many companies are facing problems in importing olives. It is not the absence of regulations or standards, but absence of updated standards, which is the cause of concern.”

Self-declaration

Meanwhile, FSSAI has attempted to make the application process for food import clearance easier by introducing a hassle-free system. Under this system, it has abolished the provision for notarised 'Affidavit' by replacing it with a procedure to give an undertaking by way of self-declaration from immediate effect.

A source confirms, “Soon the import clearance system will be smooth for importers with improved regulations, updated standards and ease in documentation. FSSAI has already substituted affidavits with self-declaration system, which may decrease the time for import clearance.”

With this new system in place, it is being hoped that not only the containers of olives but all consignments stuck over the years get clearance from the authority in due course.

FDA HALTS SALES OF GLOBAL NUTRITION FIRM’S 15 PRODUCTS

The Food and Drug Administration (FDA) has ordered global nutrition company Herbalife to stop sales of 15 products and recall the stock from the market, after officials found that the firm had failed to renew its product-approval licence. 

The Food Safety and Standards Authority of India issues the licence. "Yes, we have taken the action, but I cannot comment further," said state FDA commissioner Harshadeep Kamble. 

Sources in the FDA said that product-approval licence of Herbalife's 15 food supplements had expired in December last year. The company had been asked to stop the sales of the products across the country, the sources said. 

A Herbalife spokesperson said that the company had received approval for its products only for a year. It has applied for a renewal of the same. "...Herbalife submitted letters seeking renewals and are awaiting a response from FSSAI for the same," the official said. 

Two Herbalife distributors in Mumbai said that they had not received any intimation for halting sales from the company's India headquarters in Bangalore. "I have been associated with the company for the past 10 years. All our products carry the approval sticker. We have not been intimated regarding the notice so far," said a distributor in Vile Parle. 

An FDA official said that the agency received a tip-off about the expired licences. "We conducted an inspection and found that the multinational company had continued to sell the products even after their licences had expired. We have sent a notice to the company asking them to immediately discontinue the sales of the food supplements and also recall the stock." 

The 15 products include multivitamin tablets, and protein powders and shakes. The FDA does not plan to test the products' quality as FSSAI grants licence to only standardised products.

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