FSSA

THE FOOD SAFETY AND STANDARDS ACT, 2006
  • Multiplicity food laws, standard setting and enforcement agencies pervades different sectors of food, which creates confusion in the minds of consumers, traders, manufacturers and investors. Detailed provisions under various laws regarding admissibility and levels of food additives, contaminants, food colours, preservatives, etc., and other related requirements have varied standards under these laws. The standards are often rigid and non-responsive to scientific advancements and modernization. In view of multiplicity of laws, their enforcement and standard setting as well as various implementing agencies are detrimental to the growth of the nascent food processing industry and is not conductive to effective fixation of food standards and their enforcement.
  • In as early as the year 1998, the Prime Minister’s Council on Trade and Industry appointed a Subject Group on Food and Agro Industries, which had recommended for one comprehensive legislation on Food with a Food Regulatory Authority concerning both domestic and export markets. Joint Parliamentary Committee on Pesticide Residues in its report in 2004 emphasized the need to converge all present food laws and to have single regulatory body. The Committee expressed its concern on public health and food safety in India. The Standing Committee of Parliament on Agriculture in its 12th Report submitted in April, 2005 desired that the much needed legislation on Integrated Food Law should be expedited.
  • As an on going process, the then Member – Secretary, Law Commission of India, was asked to make a comprehensive review of Food Laws of various developing and developed countries and other relevant international agreements and instruments on the subject. After making an indepth survey of the international scenario , the then Member-Secretary recommended that the new Food Law be seen in the overall perspective of promoting nascent food processing industry given its income, employment and export potential. It has been suggested that all acts and orders relating to food be subsumed within the proposed Integrated Food Law as the international trend is towards modernization and convergence of regulations of Food Standards with the elimination of multi-level and multi-departmental control. Presently, the emphasis is on
    • responsibility with manufacturers,
    • recall,
    • genetically modified and functional foods,
    • emergency control,
    • risk analysis and communication and
    • food safety and good Manufacturing Practices and process control viz., Hazard Analysis and Critical Control Point.
  • In this background, the Group of Ministers constituted by the Government of India, held extensive deliberations and approved the proposed Integrated Food Law with certain modifications. The Integrated Food Law has been named as ‘The Food Safety and Standards Act, 2006’. The main objective of the Act is to bring out a single statute relating to food and to provide for a systematic and scientific development of Food Processing Industries. It is proposed to establish the Food Safety and Standards Authority of India, which will fix food standards and regulate/monitor the manufacturing, import, processing, distribution and sale of food, so as to ensure safe and wholesome food for the people. The food Authority will be assisted by Scientific Committees and Panels in fixing standards and by a Central Advisory Committee in prioritization of the work. The enforcement of the legislation will be through the State Commissioner for Food Safety, his officers and panchayati Raj/Municipal bodies.
  • The Act, inter alia, incorporates the salient provisions of the Prevention of Food Adulteration Act, 1954 (37 of 1954) and is based on international legislations, instrumentalities and codex Alimentaries Commission (which is related to food safety norms). In a nutshell, the Act takes care of International practices and envisages an over-reaching policy frame work and provision of single window to guide and regulate persons engaged in manufacture, marketing, processing, handling, transportation, import and sale of food. The main features of the Act are:
    • movement from multi-level and multi-departmental control to integrated line of command;
    • integrated response to strategic issues like novel/genetically modified foods, international line of command;
    • licensing for manufacture of food products, which is presently granted by the Central Agencies under various Acts and Orders, would stand decentralized ` to the Commissioner of Food Safety and his officer;
    • single reference point for all matters relating to Food Safety and Standards, regulations and enforcement;
    • shift from mere regulatory regime to self-compliance through Food Safety Management Systems;
    • responsibility on food business operators to ensure that food processed, manufactured, imported or distributed is in compliance with the domestic food laws; and
    • provision for graded penalties depending on the gravity of offence and accordingly, civil penalties for minor offences and punishment for serious violations.
  • The above said Act is contemporary, comprehensive and intends to ensure better consumer safety through Food Safety Management Systems and setting standards based on science and transparency as also to meet the dynamic requirements of Indian Food Trade and Industry and International trade. The Act seeks to achieve the aforesaid objectives.
Last modified: Tuesday, 17 April 2012, 4:59 AM