The Food Safety and Standards Authority of India

Brief Introduction FSSAI Act, 2006 to Retailer and Food Business Holder

The Food Safety and Standards Act, 2006 (FSS Act, 2006) consolidates various previous acts and regulations related to food safety, aiming to ensure that food consumed in India is safe and wholesome. It replaced several older laws like the Prevention of Food Adulteration Act, 1954, and others that governed food-related matters, and established the Food Safety and Standards Authority of India (FSSAI) to regulate the manufacture, storage, distribution, sale, and import of food products.

The main purpose of the FSS Act, 2006, is to create a unified and science-based framework for food safety and nutrition, enabling safer food practices across India.

Key Highlights of the FSS Act, 2006:

• Consolidation of Laws: Various existing laws, including the Fruit Products Order (1955), Meat Food Products Order (1973), Milk and Milk Products Order (1992), etc., were repealed after the commencement of the FSS Act, 2006.
• Single Authority: The FSSAI serves as a single point of reference for food safety issues and has centralized food regulations, which were previously dispersed across various departments.
• Independent Regulatory Body: FSSAI is an independent statutory authority created under the Ministry of Health & Family Welfare to regulate and set standards for food safety and nutrition across India.

Functions of the FSSAI:

• Setting Standards: FSSAI lays down regulations to set food safety standards for various food products, ensuring consistency and safety in food quality across the nation.
• Accreditation of Labs: It accredits laboratories for testing food products to ensure compliance with food safety norms and specifications.
• Advisory Role: FSSAI provides scientific advice and technical support to the government in matters related to food safety, food policies, and regulations.
• Data Collection and Monitoring: FSSAI is responsible for gathering and analyzing data related to food consumption patterns, foodborne risks, and emerging food safety threats.
• Consumer Awareness: It also works on spreading awareness about food safety, including educating the public and food business operators about safe food practices.

How to Get a License for Food Business

1. Registration for Petty Food Businesses:

• Eligibility: Small food operators, such as street vendors or small-scale manufacturers.
• Process:
  • Submit an application in Form A under Schedule 2 of the FSS regulations.
  • Provide a self-attested declaration on basic hygiene and safety measures (as per Schedule 4).
  • The application is reviewed, and a decision is made within 7 days. If inspection is required, it should be completed within 30 days.
• Certificate: Once approved, a registration certificate and photo ID card are issued.
• Annual Inspections: Registered establishments are inspected at least once a year for food safety compliance.

2. Food Business License:

• License Requirement: Any food business, regardless of scale, must obtain a license from the appropriate authority (Central or State) before commencing operations.
• Application: Apply in Form B of Schedule 2 along with supporting documents and a self-declaration.
• Mode of Payment: Fees can be paid via pay order, demand draft, or online payment as per the FSSAI guidelines.
• Conditions:
  • License must be prominently displayed.
  • Access should be provided to licensing authorities for inspections.
  • A qualified technical person (such as a Food Technologist or Microbiologist) must be employed to oversee food production processes.
• Compliance: The business must comply with several standards including:
  • Hygiene and sanitation requirements (as per Schedule 4).
  • Maintaining detailed records of production, raw materials, and sales.
  • Ensuring the quality of raw materials and the safety of the final product.
  • Regular testing for chemical/microbiological contaminants.
  • Maintaining the required temperature in the supply chain to ensure food safety.

Conditions of License for Food Business Operators (FBOs)

1. Display of License: A true copy of the food business license should be displayed at a prominent location in the premises.
2. Inspection Access: Grant necessary access to licensing authorities for inspections.
3. Qualified Personnel: Employ a qualified technical person to supervise production.
4. Hygiene Compliance: Maintain sanitary and hygienic conditions in the factory and workplace.
5. Production Records: Maintain daily production and raw material utilization records.
6. Testing and Safety: Ensure regular testing of food products for contaminants and maintain appropriate conditions for storage and transportation.

Penalties for Non-Compliance

The Food Safety and Standards Act, 2006 outlines various penalties for violations of food safety regulations:

• Substandard Food: A fine of up to ₹5 lakh for manufacturing, storing, or selling food that is substandard.
• Misbranding: A fine of up to ₹3 lakh for misbranding or false labeling of food products.
• Unsafe Food:
  • If the violation results in injury, the punishment may include imprisonment for up to 6 months or a fine of ₹1 lakh.
  • For grievous injury, imprisonment may extend up to 6 years and a fine of ₹5 lakh.
  • If the violation results in death, the punishment is mandatory imprisonment for at least 7 years and a fine of ₹10 lakh.

How to Avoid Penalties

1. Compliance with FSSAI Regulations: Food Business Operators should familiarize themselves with the Food Safety and Standards (Licensing and Registration) Regulations, 2011, and other FSSAI rules to ensure full compliance with the Act.
2. Regular Inspections and Record Keeping: Maintaining detailed records of all operations (including production, ingredients, and distribution) and complying with hygiene standards is crucial.
3. Training Programs: Participation in training programs on food safety and hygiene for all employees helps avoid errors and maintain consistent quality.
4. Adherence to Guidelines: Stay updated with any changes in food safety guidelines or new standards issued by FSSAI and implement them without delay.

In summary, food business operators must obtain the appropriate licenses and ensure their operations comply with all safety, health, and hygiene standards set by the FSSAI to avoid penalties and ensure public health safety. Businesses should continuously monitor and implement best practices to stay in compliance with the Food Safety and Standards Act, 2006.

Disclaimer – This publication is provided for general information and does not constitute any legal opinion. This publication is protected by copyright. © 2024 Astrea Legal Associates LLP.