Food Laws and Regulations
Introduction
Food may be contaminated or adulterated and may injurious to health due to various reasons. It is essential to set the minimum limits of the desirable characteristics required and the maximum limits of the undesirable components.
Food Laws are for the following reasons:
To maintain the quality of the food produced in the country.
To prevent exploitation of the consumers by the sellers.
To safeguard the health of the consumers.
To establish criteria for quality of the food products
Most common standards are :
Legal Standards: These are established by federal, central, state or municipal agencies and are generally mandatory. These are set up by the law or through regulation. They generally concerned with freedom from adulteration.
Company or Voluntary Standards: These are established by various segments of the food industry. These standards generally represent consumer image and become symbol of product quality. These are used by private firms or supermarkets.
Industry Standards: These standards are established by an organizational group to maintain the quality of the given commodity. These standards become effective by pressure where other legal standards are not involved.
Consumer or Grade Standards: These standards represent consumer's requirements of the product and generally based on the experience of the industry for consumers.
To meet a country’s sanitary and phytosanitary requirements, food must comply with the local laws and regulations to gain market access. These laws ensure the safety and suitability of food for consumers. In some countries food laws also govern food quality and composition standards.
The requirement of food regulation may be based on several factors such as whether a country adopts international norms developed by the Codex Alimentarius Commission of the Food and Agriculture Organization of the United Nations and the World Health Organization or a country may also has its own suite of food regulations. Each country regulates food differently and has its own food regulatory framework.
To protect health and safety of consumers, an effective food control systems are essential. This will facilitate countries to assure the safety and quality of their foods for global trade. The global environment for food trade has stringent norms on both importing and exporting countries. The governments have greater responsibility for food safety and consumer protection. Responsibility for food control in our country is shared between different agencies or ministries through various food laws for protecting public health.
National level agencies
Food Safety and Standard Act 2006:
Food Safety and Standards Authority of India (FSSAI) is an autonomous statutory body established under the Food Safety and Standards Act, 2006 (FSS Act).
Ministry of Health & Family Welfare, Government of India is the administrative Ministry of FSSAI.
Headquarters: Delhi.
FSS Act, 2006 consolidates various acts & orders that had earlier handled food related issues in various Ministries and Departments, such as–
Prevention of Food Adulteration Act, 1954
Fruit Products Order, 1955
Meat Food Products Order, 1973
Vegetable Oil Products (Control) Order, 1947
Edible Oils Packaging (Regulation) Order 1988
Milk and Milk Products Order, 1992
These were repealed after commencement of FSS Act, 2006.
FSSAI was consequently established in 2008 but work within the Food Authority effectively began in 2011 after its Rules and key Regulations were notified.
This marked a shift from a multi-level to a single line of control with focus on self-compliance rather than a pure regulatory regime.So the act has been enacted to consolidate the laws related to food and to establish the Food safety and standards Authority of India 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 whole some food for human consumption
Salient Features of FSSAI Act, 2006:
Movement from multi-level and multi-department control to a single line of command.
Consolidates various acts and orders that have handled food related issues in various ministries and departments.
To lay down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe, nutritious and wholesome food for human consumption.
Specifying appropriate system of enforcing various standards thus notified.
Laying down procedure and guidelines for accreditation of laboratories.
FSSAI as a single reference point for all matters relating to Food Safety and Standards, Regulations and Enforcement.
Integrated response to strategic issues like Proprietary food,Novel foods, Health Foods, Nutraceuticals, GM foods, international trade etc.
Adequate information dissemination on food to enable consumer to make informed choices.
Shifting of emphasis from PFA to a broader concept of Food safety
To make available safe, pure , wholesome and nutritious food to the public.
To provide scientific advice and technical support to central and state government in the matter of framing the policy and rules in areas which have direct or indirect bearing of food safety and nutrition.
To provide legal powers and specify offences in relation to public health and consumers interest.
To ensure consumer safety and promote global trade.
Rationlized existing enforcement mechanism .
Provision for graded penalties depending on the gravity of offences and accordingly civil penalties for minor offenses and criminal offense for serious violation.
The act as passed by parliament has 12 chapters containing 101 clauses and 2 schedules
Adequate representation of government, industry organizations, consumers, farmers, technical experts, retailers etc.
Enforcement of the legislation by the State Governments/ UTs through the state Commissioner for Food Safety, his officers and Panchayati Raj/Municipal bodies.
The Act, incorporates the salient provisions of the Prevention of Food Adulteration Act, 1954 and is based on international legislations and instrumentalities. Act takes care of international practices and envisages a overreaching policy framework and provision of single window to guide and regulate persons engaged in manufacture, marketing, processing, handling, transportation, import and sale of food.
Provisions in the Act
Covering Health Foods, supplements, nutraceuticals
Issuing Licenses within a time frame of 2 months
Provision of Notice by Designated Officers
Prosecution, if to be launched, should be within 1 year time frame
Special Courts for summary trials
Compensation to Victims (for any case of Injury/ Grievous injury/ Death)
Reward to informer (informing about the violators – adulteration etc.) by State Govt.
One composite license for unit(s) falling under one area
Important definitions and features of the act:
7 Key Processes
Set standards of food products
Develop safe food practices
License food businesses
Ensure compliance through inspections
Test food for standards
Train and build capacity
Citizens Outreach
Functions
Framing of regulations to lay down the standards and guidelines of food safety.
Granting FSSAI food safety license and certification for food businesses.
Laying down procedure and guidelines for laboratories in food businesses.
To provide suggestions to the government in framing the policies.
To collect data regarding contaminants in foods products, identification of emerging risks and introduction of rapid alert system.
Creating an information network across the country about food safety.
Promote general awareness about food safety and food standards.
FSSAI Legislative Framework:
Highlights of the Food Safety and Standard Act, 2006
The Act established FSSAI and the State Food Safety Authorities for each State.
Highlights of Food Safety and Standards Rule, 2011.
The Rules provides for:
The Food Safety Appellate Tribunal and the Registrar of the Appellate Tribunal, for adjudication of food safety cases.
Highlights of Food Safety and Standards Regulations 2011
It covers Licensing and Registration, Packaging and Labelling of Food Businesses, Food Product Standards and Food Additives Regulation.
It prohibits and restricts on sales or approval for Non-Specified Food and Food Ingredients, such ingredients may cause harm to human health.
It provides for Food Safety and Standards on Organic Food and regulates Food Advertising.
FSSAI Structure
The FSSAI comprises of a Chairperson and twenty two members out of which one – third are to be women.The Chairperson of FSSAI is appointed by the Central Government.
The Food Authority is assisted by Scientific Committees and Panels in setting standards and the Central Advisory Committee in coordinating with enforcement agencies.
The primary responsibility for enforcement is largely with the State Food Safety Commissioners.
Challenges and Limitations
1. The “petty manufacturers, retailers and hawkers” are exempted from FSSAI ambit. These segments greatly contributes to unorganised food sector and due to its low prices, most of the population prefer food consumption from these segments.
2. Lack of infrastructure such as food testing laboratories. There are only 87 National Accreditation Board for testing and calibration Laboratories (NABL) accredited Labs, where as there are more than 1500 private labs in India.
3. Shortage of qualified manpower and functional food testing equipment in state food laboratories and referral laboratories resulted in deficient testing of food samples.
4. There is an acute shortage of licensing and enforcement officers in the states which severely affected food safety measures.
5. The body has been only prescriptive in nature and failed to ensure safety, quality and hygiene in food industry.
6. There are only 377 products mentioned in the FSSAI regulations – whereas other countries have over 10,000 standards. Moreover, the list is not regularly reviewed.
7. FSSAI is highly underfunded to monitor the widening ambit of food laws. Also, there are no standard practices for food inspection, the process being mostly discretionary.
8. Cumbersome and lengthy approval procedures have delayed the pre-launch approvals for products from the FSSAI for over a year.
9. Consignments of imported food products often remain stuck at the ports awaiting clearance by the FSSAI – sometimes due to small issues like labelling of the packages not conforming to arbitrary norms specified by the FSSAI, which differ from the widely accepted global standards.
10. Differences of opinion between the food regulator and the food processing ministry also handicap the FSSAI functioning.
11. According to a CAG Report, FSSAI is yet to frame regulations and guidelines to govern different procedures.
12. The CAG also found that "licenses were issued on the basis of incomplete documents in more than 50 per cent of cases, checked in Audit".
DESCRIPTION OF QUALITY SYSTEMS FOOD LAWS-
Food laws implemented for 2 reasons-
• Regulation of specification of food
• Regulation of hygienic conditions of processing/manufacturing
. • Food laws are either mandatory or voluntary, they are set up to established by authorities to as a rule to measure of quantity, weight, value or quality.
International Organization Governing Food Safety
1. World Health Organization (WHO)
2. World Trade Organization (WTO)
3. Food And Agriculture Organization (FAO)
4. Codex Alimentarus Commission (CAC) [Under FAO/WHO]
5. International Organization for Standardization (ISO)
6. National advisory Committee For Microbiological Criteria For Foods (NACMCF)
7. International Commission For Microbiological Specification For Foods (ICMSF)
Legislation governing food industry in India: Different voluntary legislations are made for the purpose to guarantee stated quality and sales promotion. Number of control orders have been formulated under the provisions of Essential Commodities Act, which operate on the main objectives of regulating the manufacture, commerce and distribution of essential commodities. There are various commodity boards such as Spices board, Tea board, Coffee board, National Horticulture Board operating in India which undertake research and development work for respective fields.
I. PREVENTION OF FOOD ADULTERATION (PFA) ACT, 1954
MODE OF OPERATION-
a) Ministry of Health & Family Welfare
b) Directorate General of health service
c) Central committee for food standards
Special features-
a) Minimum quality standard
b) Ensure safety against harmful impurities, adulteration, mandatory law
c) Non-following of PFA Act leads to fine and imprisonment
•The Act was promulgated by Parliament in 1954 to make provision for the prevention of adulteration of food. Broadly, the PFA Act covers food standards, general procedures for sampling, analysis of food, powers of authorized officers, nature of penalties and other parameters related to food.
REGULATIONS-
• Makes provision for prevention of adulteration of food.
• Adulterated, misbranded, not in accordance with the conditions of license shall be prohibited for selling. • No such food shall be imported.
Standards for commodities have been specified in the rules. Proprietary foods shall specify the ingredients in the product in the descending order of their composition of the label.
•It deals with parameters relating to food additives, preservative, coloring matters, packing & labelling of foods, prohibition & regulations of sales etc.
The provisions of PFA Act and Rules are implemented by State Government and local bodies as provided in the rules.
II. ESSENTIAL COMMODITY ACT, 1955 (MINISTRY OF FOOD) REGULATION-
• Regulates the manufacture of commodities, commerce and distribution.
SPECIFICATION- • Formations of other suborders for easy implementation
To ensure availability of essential commodities to the consumers and to protect them from exploitation by unscrupulous traders, the Government of India made law on Essential Commodities Act, 1955 and the Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980 . The act provides for the regulation and control of production, distribution and pricing of commodities which are declared as essential for maintaining or increasing supplies or for securing their equitable distribution and availability at fair prices. The enforcement/ implementation of the provisions of the Essential Commodities Act, 1955 lies with the State Governments and UT Administrations. This act is under the Legislative Department, Ministry of Law, Justice and Company Affairs.
The essential commodities mean any of the following classes of commodities:
• Cattle fodder including oil cakes and other concentrates
• Coal including coke and other derivatives
• Component parts and accessories of automobiles
• Cotton and woolen textiles
• Drugs
• Food stuffs including edible oilseeds and oils
• Iron and steel including manufactured products of iron and steel
• Paper including newsprint, paper board and straw board
• Petroleum and petroleum products
• Raw cotton whether ginned or un-ginned and cotton seed
• Raw jute
• Any other class of commodity which the Central Government by notified order declares to be essential commodity.
III. FRUIT PRODUCTS ORDER (FPO) 1955
Mode of operation- MOFPI Central Food Products Advisory Committee
Special features- Licensing authority
‘FPO’ standard mark shall be imprinted on the products
It is mandatory for all manufacturers of fruit and vegetable products including some non fruit products like non fruit vinegar, syrup and sweetened aerated water to obtain a license under this Order.
REGULATIONS-
• Regulates manufacture and distribution of all fruit & vegetable products.
• Exempted from the provisions of the order to products prepared by Drug control act and Educational Institutions for training purposes. Quantity shall not exceed 10 kg.
• License shall be issued after the satisfaction of quality of product, sanitation, personnel, hygiene, machinery, equipment and work area requirements as per the schedule specified.
• Fruit product means any of the following articles,
1. •Non fruit beverages, syrups and sherbets
2. •Vinegar, whether brewed or non-fruit
3. •Pickles
4. •Dehydrated fruits and vegetables
5. •Squashes, crushes cordials, barley water, barreled juice, and ready to serve beverages, fruit nectars or any other beverages containing fruit juices or fruit pulp
6. •Jams, jellies and marmalades
7. •Tomato products, ketchup and sauces
8. •Preserves, candied and crystallized fruit and peel
9. •Chutneys •Canned and bottled fruits, juices and pulps
10. •Canned and bottled vegetables
11. •Frozen fruits and vegetables
12. •Sweetened aerated water and without fruit juice pr fruit pulp
13. •Fruit cereal flakes
14. •All unspecified fruit and vegetable products which are considered microbiologically safe and contains only permitted additives within permissible limits.
Constituted under Essential Commodities Act it is mandatory for all manufacturers of Fruit and Vegetable Products to obtain a licence under FPO. The act is implemented by the Food Safety and Standards Authority of India through Directorate of Fruit & Veg. Processing at its Regional Offices.
The Fruit Product Order (FPO) lays down statutory minimum standards in respect of the quality of various fruits and vegetable products and processing facilities at manufacture, storage and sale. The Agricultural marketing Advisor is authorized by law to issue a license for manufacturing fruits and vegetable products, after due inspection of the factory for hygiene, sanitation and quality of formulation. Periodic inspection by Government inspectors in establishments is carried out to ensure conformity of standards by processors. Licenser is empowered to put the FPO specification mark on the product. The products covered in FPO include, fruit juice, pulp concentrate, squashes, cordials, crush, fruit syrups, nectar, aerated water containing fruit juice or pulp and read to serve beverages etc., Depending on their quality the products are grade in four categories as ordinary, fair, good and special. The FPO specifications cover list of constituents, a method of presentation permissible colors in the preparation and also minimum quality requirement of the product. An expert committee known as the Central Food Product Advisory Committee deals with all matters relating to the FPO.
FPO also lays down specific requirements in regard to the following:
Containers and labeling requirement
Limits of poisonous metals in fruit products
15. List of permissible harmless food colors
16. Limits for permitted preservatives in fruit products
17. Other permitted additives
18. Consumer Protection Act 1986:
19. Government of India has accorded a very high priority to the consumer protection programme. Ministry of food and Consumer Affairs, Department of Consumer Affairs has been designated as the Nodal Department to deal with the area of consumer protection. Since 1986, the department is taking a number of measures to promote a strong and broad based consumer movement in the country. The main objective of this Act is to provide better protection for the consumer in terms of quality of the product he buys. Unlike the existing laws which are preventive in nature, the provisions of this Act are compensatory in nature. This Act is intended to provide simple, speedy and inexpensive redressal to the consumer's grievance and relief of specific nature. The act has been amended in 1993 both to extend its coverage and scope and to enhance the powers of redressal machinery.
IV. Meat Food Products Order (MFPO), 1973
Meat Food Products Order Regulation for the production of meat products are covered by the Meat Food Products Order, 1973 which was hitherto being implemented by Ministry of food Processing industries.
The Directorate of Marketing and Inspection at the ministry of Agriculture is the regulatory for the order, which is equally applicable to domestic processors and importers of meat products. Provision of MFPO requires on four stages of inspection by qualified veterinary doctors for hygienic production of meat products
The main objective is to regulate production and sale of meat food products through licensing of manufacturers, enforce sanitary and hygienic conditions prescribed for production of wholesome meat food products, exercise strict quality control at all stages of production of meat food products, fish products including chilled poultry etc.
Meat & Meat Products are highly perishable in nature and can transmit diseases from animals to human-beings.
Under the provision of MFPO all manufacturers of meat food products engaged in the business of manufacturing, packing, repacking, relabeling meat food products meant for sale are licensed but excluding those manufacturers who manufactures such products for consumption on the spot like a restaurant, hotel, boarding house, snack bar, eating house or any other similar establishment.
V. Milk and Milk Product order (MMPO) 1992:
The objective of the order is to maintain and increase the supply of liquid milk of desired quality in the interest of the general public and also for regulating the production, processing and distribution of milk and milk products.
As per the provisions of this order, any person/dairy plant handling more than 10,000 liters per day of milk or 500 MT of milk solids per annum needs to be registered with the Registering Authority appointed by the Central Government. The production, collection, transportation, distribution and supply of milk and milk products are controlled by the Milk and Milk Products Order, 1992. The order sets sanitary requirements for dairies, machinery and premises and includes quality control, certification, packing, marking and labeling standards for milk and milk products. The standards specified in the order also apply to imported products.
In every case where the milk or milk product is packed by the holder of a registration certificate in a tin, barrel, carton or any other container, the registration number shall either be exhibited prominently on the side label of such container or be embossed, punched or printed prominently thereon.
It is exercised under the essential commodities Act and is regulated by the ministry of Agriculture through the department of Animal husbandry and Dairying and fisheries.
VI. VEGETABLE OIL PRODUCTS (REGULATION) ORDER , 1998
[Ministry of Food Consumer Affairs]
It controls the manufacture, trade and distribution of vegetable oils. Specifications of the products provided.
Special features- Supersedes the vegetable oil products (control) order, 1947 and Vegetable Oil Products (Standards of Quality) order, 1975. BIS Certification for the tin plates used for vanaspati packaging is deleted.
It is regulated by the Department of Sugar and Edible oil under Ministry of Food and Consumer affairs. “Edible oil” means vegetable oils and fats but does not include any margarine, vanaspati, bakery shortening and fat spread as specified in PFA and rules made there under, for human consumption.
Solvent Extracted Oils, De-Oiled Meal and Edible Flour Control Order 1967: It applies for oils and fats and deals with the licensing manufacture distribution and trade of solvent extracted edible oils and quality and operated by Directorate of vanaspati, vegetable oil and fats. This order provides for compulsory licensing of manufacturing units. The specifications of the edible oils produced by solvent extraction method have been laid down under the said order.
VII. EXPORT (QUALITY CONTROL & INSPECTION) ACT, 1963
MODE OF OPERATION- a) Ministry of Commerce b) Export inspection council, regional export inspection agencies network of 50 offices
REGULATION-
• Regulates compulsory pre-shipment inspection
• Exportable commodities list has been notified for pre-shipment inspection
• Quality control of various export product is monitored
SPECIAL FEATURES- • AGMARK has been recognized as an agent for inspection and quality control of certain items • Voluntary inspection at the request of foreign buyers and advice of export inspection council is also carried out.
The Export Inspection Council of India (EIC): Established in 1963, it notifies commodities, establishes standards of quality control and/ or inspection and prohibit the export of a notified commodity. Through its network of laboratories it inspect and issue certificate of export.
VIII. STANDARDS ON WEIGHTS AND MEASURES ACT, 1976
MODE OF OPERATION- a) Ministry of Food & Civil Supplies b) Directorate of weights and measures
REGULATION-
• Prescribed conditions for packed products with respect to quantity declaration, manufacturing date and sale price
SPECIAL FEATURES- • Provides relief to the weaker sections of the society and protecting the consumer in general by guaranteeing the quantity for the amount paid.
The Standards of Weights and Measures, 1956 enforces uniform standards of weights and measures, based on the metric system. Based on the suggestions of General Conference of Weights and Measures (CGPM), International Organization of Legal Metrology (OIML), the 1956 act was replaced by a comprehensive legislation, The Standards of Weights and Measures, are administered by the ministry of Consumer affairs, Food and Public Distribution.
All weights or measures must be recorded in metric units and certain commodities can only be packed in specified quantities (weight, measure or number). These include baby and weaning food, biscuits, bread, butter, coffee, tea, vegetable oils, milk powder, wheat and rice flour etc.
Salient features of this Act:
1. Establishment of weights and measures based on SI units, as adopted by the CGPM and recognized by OIML
2. Provide to prescribe specification of measuring instruments used in commercial transaction, industrial production.
3. Regulation of pre-packed commodities sold or intended to be sold in the course of inter-state and commerce.
4. Approval of models of weights and measuring instruments intended to be manufactured.
5. Control and regulation of export and import of weights and measures and commodities in packed form.
6. Inspection of weighing and measuring instruments during their use to prevent fraudulent practices.
7. Powers of inspectors to search, seize and forfeiture of non-standard weight or measure.
IX. THE CONSUMER PROTECTION ACT, 1986 [Ministry of Food & Civil Supplies]
REGULATION- • Provision made for the establishment of consumer councils and other authorities for the settlement of consumer disputes.
SPECIAL FEATURES- • Protection of the interest of consumer
X. ENVIRONMENT PROTECTION ACT, 1986 [Ministry of Environment & Forestry]
REGULATIONS-
• Regulates the manufacture, use and storage of hazardous microorganisms/ substances/ cells used as foodstuff
SPECIAL FEATURES-
• Compulsory for every food plant discharging waste into mainstream to obtain a No objection certificate (NOC) from respective State Pollution Board.
It implements rules for the manufacture, use/ import and storage of hazardous microorganisms/ genetically engineered organisms or cells.
ISO 14000 Quality Management Systems
ISO 14000 is designed to provide a structure for the management of environmental compliance. The most familiar standard in the 14000 series is ISO 14001, entitled "Environmental Management Systems, Specification with Guidance for Use." Like ISO 9000, ISO 14000 is neither industry- nor product-specific.
XI. THE INSECTICIDE ACT, 1968 [Directorate of Plant Protection, Quarantine and Storage, Ministry of Agriculture]
REGULATIONS- • Describes the safe use of insecticides to ensure that residual level doesn’t pose any health hazard
VOLUNTARY STANDARDS
I. AGRICULTURAL PRODUCE (GRADING & MARKETING) ACT, 1937 [Directorate of Marketing and Inspection]
REGULATION- • Grade and Standards are prescribed for Agricultural & Allied Commodities Grading, sorting as per quality attributes and inspection are included
SPECIAL FEATURES- • Activity based on marketing and grading at producer’s level. AGMARK certification. Standards are being harmonized with international standards keeping in view the WTO requirements. Certification of agricultural commodities is carried out for the benefit of producer/manufacturer and consumer
II. Codex Alimentarius Commission
Codex Alimentarius Commission was established in 1962. The Commission develops food standards, guidelines and related texts such as codes of practice under the joint FAO/WHO food standards program. It is also called Codex harmonized international standards due to involvement of both FAO and WHO.
The objectives of the Codex Alimentarius commission are to protect the health of consumers and to facilitate the international trade. It brings all the interested parties like scientists, technical experts, governments, consumers and industry representatives to help develop standards for food manufacturing and trade. These standards, guidelines and recommendations are recognized worldwide for their vital role in protecting the consumers and facilitating international trade.
The codex contract point in India is the Directorate General of Health Services (DGHS) in the ministry of Health; however the ministry of food processing industries is closely associated with the activities of Codex Alimentarius.
III. BUREAU OF INDIAN STANDARDS (BIS) [Indian Standards Institution]
REGULATION-
• Prescribing of grade standards, formulation of standards, specification of foods, standards for limit of toxic compounds as applicable.
• Implementation of regulation by promotion through its voluntary and third party certification system, specifying of packaging and labelling requirements.
SPECIAL FEATURES-
• General cover on hygienic conditions of manufacture, raw material quality & safety are given. Quality and safety oriented standards
CERTIFICATION MARKS SCHEME, BIS ACT, 1986 (rules and regulations)
[BIS] REGULATIONS- • Regulates the certifications scheme for various processed food products, ingredients and packaging containers. SPECIAL FEATURES- • Ensure the quality to the consumer by certification.
BIS certification scheme is voluntary and aims at providing quality, safety and dependability to the ultimate consumer. Presence of certification mark known as Standard Mark on a product is an assurance of conformity to specifications The activities of Bureau of Indian Standards (BIS) are formation of Indian Standards in the processed food sector and the implementation of standards through promotion, voluntary and third party certification systems. In general these standards cover raw materials and their quality parameters, hygienic conditions under which products are manufactured and packaging and labeling requirements. Manufacturers complying with standards laid down by the BIS can obtain the ISI Mark that can be exhibited on product packages. These standards have higher quality specifications than those prescribed under AGMARK and FSSAI.
The BIS has laid down specification for mineral water and packaged drinking water and is the licensing authority for the manufacture of mineral water and packaged drinking water in India. IS Standards have been laid down for fruit and vegetable products, spices and condiments, animal products and processed foods. The products are checked for quality by the BIS in their own network of testing laboratories or in several public and private laboratories recognized by them. Under BIS many of the standards are laid down based upon ISO (International Organization for Standardization) standards which is a worldwide federation of National Standard Bodies. Constitution of the Bureau: The Bureau consist members such as the Minister in charge of the Ministry, Minister of State, the Director-General of the Bureau, persons representing the Ministries, state Governments, recognized consumer organizations, farmers, industry and trade, research institutions, technical, educational and professional organizations etc.
Powers and Functions of the Bureau
Establishment, Publication and Promotion of Indian Standards : For the purpose of formulation of Indian Standards in respect of articles or processes, technical committees of experts are constituted. Such committees may include Division Councils, Sectional Committees, Sub-committees and Panels and each of these councils have specified functions .
Procedure for Establishment of Indian Standards: Any Ministry of Central or State Government, consumer organizations, industrial units, industry-associations, professional bodies, can submit proposals to the Bureau for establishing a standard or for revising, amending, a standard by making a request in writing. Division Council concerned will assign the task of formulating the standard to an appropriate Technical Committee. Later a draft standard prepared and duly approved by a Committee shall be issued and widely circulated for a period of not less than one month amongst the various interests concerned for critical review and suggestions for improvement. The appropriate Technical Committee shall thereafter finalize the draft standard giving due consideration to the comments that may be received. The draft standard shall be submitted to the Chairman of the Division Council concerned for adoption. All established standards shall be reviewed periodically, at least once in five years, to determine the need for revision or withdrawal. Standards which there is need to revise or amendment shall be reaffirmed.
Grant of License: Manufacturing units can apply for BIS license on a prescribed form along with application fee and other documents such as location map of factory list of manufacturing and testing equipments, flow charts of the process, details of the technical staff etc. BIS office will do a preliminary inspection verify all documents and process. The product samples are drawn and sent for analysis at BIS certified lab. After satisfactory inspection and sample report of the product, license is granted 1 to 2 years which can renewed periodically.
Inspection : The certified units are inspected by inspecting officers. The may be done at manufacturing place, dispatch place or at the place where it is used. At manufacturing place the inspection will also be for the QA systems, verification and validation. The Bureau shall designate such of the officers of the Bureau as Inspecting Officers
STOP Marking: If there is evidence that the product is not as per the conforming standards and agreed clauses, the licensee will be directed to stop marking. The reasons can be Non conformance of products at manufacturing place or at market place, Non implementation of Scheme of Testing of the products, Non availability of testing staff , Significant modification of plant and machinery with out informing BIS, Relocation of plant and machinery, Prolonged closure of the unit, Marking non conformed product, Marking standard mark other than that are included in the license. The licensee can resume only after re inspection and satisfactory compliance.
IV. AGMARK
The word Agmark is derived from Agricultural Marketing. The DMI under the Department of Agriculture and Co-operation in the Ministry of Agriculture enforces the Agricultural Products (Grading and Marketing) Act 1937. Under this Act Grade standards are prescribed for agricultural and allied commodities. Agmark grading means grading of an article in accordance with grade/standards prescribed under the provisions of the act. These are known as AGMARK standards. Grading under the provision of this Act is voluntary. Any person or body of persons desirous of being authorized to grade and mark an article under the provisions of the act shall apply to the agricultural marketing advisor or any other officer of the Central Government or State Government authorized by Agricultural Marketing Advisor. Manufacturers who comply with standard laid down by DMI are allowed to use "AGMARK" labels on their products
The grade designation marks shall be applied only to the articles mentioned in the certificate of authorization during the validity period. The certificate of authorization is issued by agricultural marketing advisor or any other officer of the central or state government authorized by the Agricultural Marketing Advisor. The grade designation characteristics vary from product to product. The quality of the product is determined with reference to the size, variety, weight, color, moisture, fat content and other factors are taken in to account. It covers quality assurances of unprocessed, semi processed and processed agricultural commodities. Blended edible vegetable oils and fat spread are compulsorily required to be certified under Agmark.
The inspecting officer shall analyze the sample for quality factors as laid down in grading and marketing rules of the specific commodity in respect of produce. The inspecting officer shall also ensure that all the food article graded and certified under Agmark shall satisfy the mandatory requirements laid down under PFA rules. The rules for affixation of AGMARK labels, method of packing and marking, check sampling and certificate of grading rules are also given under this act.
28.3.1 Salient features of Agmark standard:
(1) Quality standards for Agricultural commodities are framed based on their intrinsic quality.
(2) Food safety factors are being incorporated in the standards to compete in world trade.
(3) Standards are being harmonized with international standards keeping in view the WTO requirements.
(4) Check is kept on the quality of certified products through 23 laboratories and 43 offices spread all over the country
The grades incorporated are grades 1, 2, 3 and 4 or special, good, fair and ordinary.
Agmark products are subjected to continuous inspection. The certificate of “Authorization” is granted only to those in the trade having adequate experience and standing in the market. The staff of the DMI or of the state Government is generally present at the time of selection of goods, their processing, grading and packing before applying the appropriate AGMARK labels.
Products available under AGMARK are pulses, wheat products, vegetable oils, ground spices, whole spices, milk products, honey, compounded asafetida, rice, tapioca sago, seedless tamarind and gram flour; grading of these commodities is voluntary. On the other hand grading of commodities like tobacco, walnut, spices, basmati rice, essential oils, onion, potatoes are meant for export is compulsory under AGMARK.
The Directorate of marketing and inspection of central government has 21 laboratories and 50 sub offices spread all over the country. The central AGMARK laboratory at Nagpur continuously carries out research and development works in this field.
Agricultural and Processed Food Products Export Development Authority (APEDA): Under the Ministry of Commerce and Industry, APEDA puts it quality logo on the products to be exported. This logo is a mark of pride and reliability. The products in the APEDA purview are fruits, vegetables, meat products, dairy products, confectionery and bakery products, beverages, cereals rice etc.
Good Manufacturing and Hygienic Practices
Introduction:
The food processing industry is one of the largest industries in India having huge potential for uplifting agricultural economy, creation of large scale processed food manufacturing and food chain facilities. Food processing covers a spectrum of products from sub-sector comprising agriculture, horticulture, plantation, animal husbandry and fisheries. Essentially, the food industry involves the commercial movement of food from field to fork. To meet the global food safety norms, good manufacturing and good hygienic practices are essential at various stages of food chain. Following guidelines are given by national and international agencies for efficient GMP and GHP practices.
Good Manufacturing Practices (GMP) & Good Hygiene Practices (GHP) for Food Businesses.
Primary Production
The Food establishment shall exercise control contamination of food produce / materials from air, soil, water, feedstuffs, pests, fertilizers, pesticides, veterinary drugs during production, handling, storage and transport, as appropriate. Plant and animal health are controlled so that it does not pose a threat to human health through food consumption
Location and Surroundings
Food establishment shall be located away from environmentally polluted areas and industrial activities which produce disagreeable or obnoxious odour, fumes, excessive soot, dust, smoke, chemical or biological emissions and pollutants which pose a serious threat of contaminating food; areas subject to flooding; areas prone to infestations of pests; and areas where wastes, either solid or liquid, cannot be removed effectively
Layout and Design of Food Establishment Premises
The layout of the food establishment shall ensure a forward food preparation / manufacturing process flow such that cross-contamination from earlier steps in the process is avoided in the later steps.
Equipment
Equipment and containers that come in contact with food and used for food handling, storage, preparation, processing, packaging and serving shall be made of materials, which do not impart any toxicity to the food material.
Containers used to hold cleaning chemicals and other dangerous substances shall be identified and where appropriate, be lockable to prevent accidental contamination of food
Facilities
Water supply
Only potable water which meets the requirements of specifications of drinking water, with appropriate facilities for its storage, distribution and temperature control, shall be used, if required as an ingredient and also for food handling, washing, processing and cooking. Water storage tanks shall be cleaned periodically and records of the same shall be maintained.
Ice and steam
Ice and steam used in direct contact with food shall be made from potable water and complying with requirements specified. Ice and steam shall be produced, handled and stored to protect them from any contamination.
Drainage and waste disposal
The disposal of sewage and effluents (solid, liquid and gas) shall be in conformity with requirements of Environment Pollution Control Board. Adequate drainage, waste disposal systems and facilities shall be provided. They shall be designed and constructed so that the risk of contaminating food or the potable water supply is eliminated. Waste storage shall be located in such place that it does not contaminate the food process, storage areas, the environment inside and outside the food establishment. Waste shall be kept in covered containers and shall not be allowed to accumulate in food handling, food storage, and other working areas.
Personnel facilities and toilets
Personnel facilities shall include adequate means of hygienically washing and drying hands, including wash basins and a supply of hot and /or cold water; separate lavatories of appropriate hygienic design for males and females; and adequate changing facilities for personnel. Such facilities shall be suitably located so that they do not open directly into food process areas. Rest and refreshments rooms shall be separate from food process and service areas. These areas shall not lead directly to food production, service and storage areas.
Air quality and ventilation
Ventilation systems, natural or mechanical, including air filters, wherever required, shall be designed and constructed so that air does not flow from contaminated areas to clean areas; minimize air-borne contamination of food; control odours; control ambient temperatures and humidity, where necessary, to ensure the safety and suitability of food.
Lighting
Adequate natural or artificial lighting shall be provided to enable the undertaking to operate in a hygienic manner. Lighting fixtures should, where appropriate, be protected to ensure that food is not contaminated by breakages.
Food Operations and Controls
Procurement of raw materials
No raw material or ingredient shall be accepted by an establishment if it is known to contain parasites, undesirable micro-organisms, pesticides, veterinary drugs or toxic, decomposed or extraneous substances, which would not be reduced to an acceptable level by normal sorting and/or processing.
Storage of raw materials and food
Food storage facilities shall be designed and constructed to enable food to be effectively protected from contamination during storage; permit adequate maintenance and cleaning; and avoid pest access and harbourage.
Food Processing ,Packaging and Distribution , Temperature control
The Food establishment shall develop and maintain system to ensure that time and temperature is controlled effectively where it is critical to the safety and suitability of food. Such controls shall include time and temperature of receiving, processing, cooking, cooling, storage, packaging, distribution and food service up to the consumer, as applicable.
Precautions against contaminants and cross-contamination
Systems shall be in place to prevent contamination of food materials and foods by physical, chemical and microbiological contaminants. Microbiological and chemical analysis, suitable detection devices for foreign objects shall be used, where necessary. Access to food preparation / processing / manufacturing facility shall be controlled. Further, staff from raw processing areas shall not be allowed to go to forward process areas.
Food Packaging
Packaging materials shall provide adequate protection for processed food products to prevent contamination, damage and accommodate proper labelling. Packaging materials or gases where used shall be non-toxic and not pose a threat to the safety and suitability of food under the specified conditions of storage and use.
Food Distribution / Service
Processed, packaged / ready-to-eat food shall be adequately protected during transport and service. Temperatures and humidity necessary for sustaining food safety and quality shall be maintained during transport and service. The conveyances /containers shall be designed, constructed and maintained such that they can effectively maintain the requisite temperature, humidity, atmosphere and other conditions necessary to protect food.
Management and Supervision
The Food establishment shall ensure that managers and supervisors have appropriate qualifications, adequate knowledge and skills of food hygiene principles and practices to be able to ensure food safety and quality of its products, judge food hazards, take appropriate preventive and corrective action, and ensure that effective monitoring and supervision takes place.
Documentation and Records
Appropriate records of food processing / preparation, production / cooking, storage, distribution, service, food quality assurance, cleaning and sanitation, pest control and product recall shall be kept and retained for a period that exceeds one year or the shelf-life of the product, which ever is more.
Traceability and Food Products Recall
The Food Business shall ensure that effective traceability procedures are in place from raw material to finished product and to the consumer so as to deal with any food safety hazard and to enable the complete, rapid recall of any implicated lot of the food product from the market.
Sanitation and Maintenance of Establishment Premises
Cleaning and maintenance
Food premises shall be kept clean and where possible dry, maintained in good repair and condition and have an adequate supply of hot and cold water. Work surfaces and surfaces of equipment in contact with food shall be maintained in a sound condition, cleaned and, where necessary, disinfected at frequent intervals.
Pest Control Systems
Food establishment shall be kept in good repair and condition to prevent pest access and to eliminate potential breeding sites. Holes, drains and other places where pests are likely to gain access shall be kept sealed or fitted with mesh / grills / claddings as required. Animals and pets shall not be allowed into the food establishment premises. Records of pesticides / insecticides used shall be maintained.
Personal Hygiene
Health Status
Personnel known, or suspected, to be suffering from, or to be a carrier of a disease or illness likely to be transmitted through food, shall not be allowed to enter any food handling area if there is a likelihood of their contaminating food. The Food establishment shall develop system whereby any person so affected shall immediately report illness or symptoms of illness to the management. Medical examination of a food handlers shall be carried out if clinically or epidemiologically indicated.
Personal Cleanliness
Food handlers shall maintain a high degree of personal cleanliness. The Food establishment shall provide to all food handlers adequate and suitable, clean protective clothing, head covering and footwear. The Food operators shall ensure that the food handlers at work wear only clean protective clothes, head covering and footwear every day.
Personal Behaviour
Food handlers engaged in food handling activities shall refrain from smoking; spitting; chewing or eating; sneezing or coughing over unprotected food and eating in food preparation and food service areas Food handlers shall not wear any personal effects such as rings, bangles, jewellery, watches, pins and other items that pose a threat to the safety and suitability of food.
Visitors
The Food establishment shall ensure that visitors to its food manufacturing, cooking, preparation, storage or handling areas should, where appropriate, wear protective clothing and adhere to the other personal hygiene provisions in this section.
Product Information and Consumer Awareness
All packaged food products shall carry a label and requisite information as specified under regulatory bodies so as to ensure that adequate and accessible information is available to the next person in the food chain to enable them to handle, store, process, prepare and display the food products safely and correctly and that the lot or batch can be easily traced and recalled if necessary.
Training
The Food establishment shall ensure that all food handlers are aware of their role and responsibility in protecting food from contamination or deterioration. Food handlers shall have the necessary knowledge and skills relevant to the food processed / manufactured, packed, stored and served so as to ensure the food safety and food quality.
Adulterant
Any material which is or could be employed for making the food unsafe or sub-standard or mis-branded or containing extraneous matter;
Misbranded
Means an article of food with false, misbranding or deceptive claims either on the label of the package, or through advertisement,If the article is sold as an imitation of, or is a substitute for, or is likely to deceive, or
The package bears statement, design or device regarding the ingredients or the substances contained therein, which is false or misleading or
Manufacturers name and address is false or Contains any artificial flavouring, colouring or chemical preservative and is not labelled properly as per the requirements of the law.
Unsafe
Means an article of food which is injurious to health:-
by the article itself, or its package thereof, or consists wholly or in part, any filthy, putrid, rotten, decomposed or diseased animal substance or vegetable substance; or
is processed unhygienically or the article of food has harmful substance in it or is infected or infested with worms, weevils or insects; or
has been substituted by inferior or cheaper substance whether wholly or in part; or
uses a substance directly or as an ingredient or as additive which is not allowed under the law; or
by virtue of its being prepared, packed or kept under unsanitary conditions; or
by virtue of its being mis-branded or sub-standard or food containing extraneous matter; or
by virtue of containing pesticides and other contaminants in excess of quantities specified by regulations.
Food
Any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food i.e. all raw produce except those in hands of the grower, farmer, fisherman etc., genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance, including water used into the food during its manufacture, preparation or treatment but does not include any animal feed, live animals unless they are prepared or processed for placing on the market for human consumption, plants prior to harvesting, drugs and medical products, cosmetics, narcotic or psychotropic substances: Provided that the Central Government may declare, by notification in the Official Gazette, any other article as food for the purposes of this Act having regards to its use, nature, substance or quality
Landmark cases with FSSAI:
Nestle India Limited Maggi Case: The maggi noodles were reported with excess lead unfit for human consumption and FSSAI prescribed for ban.
Cadbury India: It was reported that worms was found in Cadbury's Dairy Milk. The FSSAI declared packaging was not proper or airtight and made it mandatory to change the packaging.
FSSAI Initiatives
Heart Attack Rewind – It is the first mass media campaign of FSSAI. It is aimed to support FSSAI’s target of eliminating trans fat in India by the year 2022.
FSSAI-CHIFSS – It is collaboration between FSSAI and CII-HUL Initiative on Food Safety Sciences to promote collaborations between Industry, Scientific Community, Academia for food safety.
Swasth Bharat Yatra – It is a Pan-India cycle movement called as ‘Eat Right India' aimed to create consumer awareness about eating safe and nutritious food.
Way Forward
FSSAI should also bring the manufacturers under the responsibility of imposing food safety. The focus should be on covering each person in supply chain for assessment of food manufacturing, storing and distribution.
FSSAI has recently notified the draft Regulations on Food Recall Procedure to provide guidance to Food Business Organisations (FBO). This will enhance the present regulatory system.
FSSAI and the state food authorities should conduct surveys of food business activity under their jurisdiction to ensure a comprehensive and reliable database of FBOs and ensure better enforcement and administration of the FSS Act.
Increasing limits of compensation and fine in cases of injury or death and providing adequate infrastructure such as food testing laboratories.
CAG has recommended that FSSAI should frame standard operating procedures on the formulation and review of standards, and ensure that these are being followed in the near future.
