Fruit Product Order
·
The Government of India promulgated a fruit
products order in 1946. In 1955 the order was revised under the essential
commodities act. This order is operated by the Food and nutrition board of the
ministry of Food Processing industries.
·
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 PFA and FPO are enforced by the Department of Health.
·
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
registered establishments is carried out
to ensure conformity of standards by processors.
·
Packaging fruits and vegetables of a standard
below the minimum prescribed standards is an offence punishable by law.
·
Manufacture of labeling of fruit and vegetable
products can be carried out only after a valid license is issued by the
licensing officer after himself satisfying with regard to the quality of
product, sanitation, personnel, machinery and equipment, work area as required
in the order.
·
Licenser is empowered to put the FPO
specification mark on the product.
·
The labels on the final product are required by
law to display the FPO license number. Fruit and vegetable products, not
conforming to the FPO specifications are considered adulterated.
·
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.
·
The main objective of the PFA and FPO standard
is to determine the minimum level of quality that can be attained, under the
farming, manufacturing and retailing conditions in India.
·
When qualities above the minimum are attained they
are identified by other standards set up by the Government, through the
Directorate of Marketing Inspection. These cover definitions of quality for
various agricultural products such as cereals, oils, butter, ghee, legumes etc.
·
Depending on their quality the products are
grade in four categories as ordinary, fair, good and special (4-1).
The order lays down specifications and quality control requirements on
production and marketing of the following food products.
·
Fruit juice, pulp concentrate, squashes,
cordials, crush, fruit syrups, nectar, aerated water containing fruit juice or
pulp and read to serve beverages
·
Fruit nectar, canned mango pulp (natural and
sweetened), and sweetened aerated beverages with no fruit juice or pulp or
containing less than 10% fruit juice or pulp
·
Sweetened aerated water with 10% or more fruit
juice or pulp
·
Barley waters (lemon, orange, grape fruits)
·
Synthetic syrups, ginger cocktails, ginger beer,
ginger ale and sharbats
·
Bottled and canned fruits and vegetables
·
Jams and fruit
cheese
·
Fruit jellies and marmalades
·
Candied and crystallized or „glazed fruit and peel‟
·
Preserves
·
Fruit chutneys
·
Tomato juices and soups
·
Vegetable soups
·
Tomato puree and paste
·
Tomato ketchup and sauce
·
Sauces other than soya bean sauce and tomato sauce
·
Soya bean sauce
·
Tamarind concentrate
·
Brewed and synthetic vinegar
·
Pickles in vinegar
·
Pickles in citric juice or in brine
·
Oil pickles
·
Sun dried and dehydrated fruits
·
Mango cereal
flakes
·
Sun dried and dehydrated vegetables
·
Dehydrated onions
Other than these specifications, the order also lays down specific
requirements in regard to the following:
·
Containers and labeling requirement
·
Limits of poisonous metals in fruit products
·
List of permissible harmless food colors
·
Limits for permitted preservatives in fruit products
·
Other permitted
additives
Milk and Milk Products Order, 1992
·
The Milk and milk products order (MMPO) 1992 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.
·
According to this order, it is essential for a
dairy plant to process more than 10,000 liters of milk per day or handle more
than 500 tones of milk solids per annum.
·
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.
·
Every person the business of handling,
processing or manufacturing milk or milk products should provide proper
labeling based on the certification by a certified officer.
·
The label on the package of milk or milk
products should contain –
(a) The name,
trade name or description of the article contained in the package
(b) The name
and business address the holder of registration certificate and number
(c) The net
weight or number or volume of contents as may be the case
(d) The batch
or code number, except in case of package less than 60g or 60ml.
(e) The day,
month and year of manufacture of the packing milk and month and year of
manufacture for packing of milk products
(f) The
date of manufacture for packages containing sterilized milk and infant milk food
·
A holder of registration shall not pack milk or
milk products other than those processed
or manufactured by him or, those obtained from any other person holding
registration certificate.
General conditions of sanitary and hygiene for Dairy
Establishments: Every dairy establishment have the following:
·
Facilities for hygienic handling and protection
of non-packed raw material
·
Appropriate
protection from pests, rodents,
insects and other vermin. They shall be systematically destroyed continuously
·
Instruments and working equipment intended to
come in direct contact with raw material will be made water tight and
non-corrosive as they are intended for human
consumption
·
Appropriate facilities for cleaning and
disinfecting of equipment and instruments especially cleaning in place (CIP) system
·
An adequate waste disposal system which is
hygienic and approved by the Pollution Control
Board
·
Supply of potable water or non-portable water is
permitted if does not indirectly risk contamination of the dairy products
·
Appropriate number of changing rooms with
smooth, waterproof, washable walls and floor
·
Lockable room or secure place for storage of
detergents, disinfectants and similar substances
·
Room with adequate capacity for storing raw
materials and dairy products.
·
Working area should be maintained hygienically
·
The production of heat treated milk or
manufacture of milk based products, which might pose a risk of contamination to
other dairy products shall be carried out in a clearly separate working area
·
Adequate ventilation and lighting in accordance
with Factory Act, 1948.
·
Adequate number of facilities with hot and cold
running water
·
Facilities for cleaning tools, equipment and installations
·
Products which have not undergone same treatment
shall be placed together to avoid cross contamination.
Meat Food Products Order
Regulation for the production of meat products are
covered by the Meat Food Products Order, 1973.
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. The order -
1. Species
sanitation and hygiene requirements for slaughter houses and manufacture of
meat products.
2. It
also contains packing, marking and labeling provisions for containers of meat products.
3. Defines
the permissible quantity of heavy metals, preservatives and insecticide
residues in meat products.
Ministry of Food processing industries administers
Meat Food Products order (MFPO), 1973 which ensure quality and hygienic
production of meat food products including fish products
Meat food products are regulated through licensing
under MFPO, 1973. Provision of MFPO requires on four stages of inspection by
qualified veterinary doctors for hygienic production of meat products
• Ante-mortem
inspection of animals before slaughter
• post-mortem
inspection of animals after slaughter
• in-process
physical inspection of meat, sanitary and hygienic processing in licensed unit
•
sampling and analysis of meat products in meat testing
laboratories for various parameters
Consumer needs to know that processed meat food products may contain safe
and permitted preservatives and
additives as indicate
in the label.
He needs to
check
„ingredients‟, „expiry‟ and „best before‟ date and insist on cash memo
while purchasing. Consumer needs to understand that if the meat food product is
contaminated, adulterated or sub- adulterated, legal remedies are available for
penalizing the offenders. It is illegal to transport meat unless it has been
prepared and processed according to the provisions of the order and carries the
mark of inspection.
It provides
means to:
·
Detect and destroy meat of diseased animals
·
Ensure that the preparation and handling of meat
and meat products be conducted in a clean and sanitary manner
·
Prevent the use of harmful substances in meat foods
·
See that every cut of meat is inspected before
sale to ensure its wholesomeness
The order also lays down rules and conditions for
procedure to be adopted for the selection of disease- free animal, slaughter
house practices for further treatment of the meat so as to maintain the meat in
a wholesome manner and devoid of pathogens.
Essential Commodities Act, 1955
The main objective of this act is to supply of
essential commodities to the public by proper regulation, prevention of black
marketing and making it available to the public at reasonable price. This act
has been amended upto 24.12.1986 and 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.
Salient features of this Act are as follows:
(1) In
its endeavor to ensure availability of essential commodities to the consumers
and to protect them from exploitation by unscrupulous traders, the Government
of India has armed itself with the Essential Commodities Act, 1955 and the
Prevention of Black marketing and Maintenance of Supplies of Essential
Commodities Act, 1980 (PBM Act,1980)
(2) The
Essential Commodities Act, 1955 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.
(3) The
list of essential commodities has been reviewed from time to time with
reference to the production and supply of these commodities and in the light of
economic liberalization in consultation
with the concerned Ministries / Departments administering these commodities.
The number of essential commodities has been brought down to 7 at present
through such periodic reviews. The Central Government have also been empowered
to add, remove and modify any essential commodity in the public interest in
consultation with the State Governments. However, addition / modification of
any essential commodity will depend on when there is a scarcity or
non-availability of the commodity in a situation like war, natural calamities,
disruption or threat of disruption of supply of such essential commodities,
which cannot be tackled through normal trade channels requiring Central Government‟s intervention under the said Act.
(4) To
enable the State Governments/UT Administrations to continue to take effective
action for undertaking de-hoarding operations under the Essential Commodities
Act, 1955, it was also decided with the approval of the competent authority to
impose restrictions by keeping i respect of edible oils,
edible oilseeds, rice,
paddy and sugar. These
Orders have been extended from time to
time.
(5) The
Prevention of Black marketing and Maintenance of Supplies of Essential
Commodities Act, 1980 is being implemented by the State Governments/UT
Administrations for the prevention of unethical trade practices like hoarding
and black- marketing etc. The Act empowers the Central and State Governments to
detain persons whose activities are found to be prejudicial to the maintenance
of supplies of commodities essential to the community. Detentions are made by
the States/UTs in selective cases to prevent
hoarding and black-marketing of
the essential commodities. Under
the provisions of this Act, the State Governments are required to report the
facts together with the grounds of detention and other particulars relating to
it, to the Central Government within seven days of approval of the State Government
ISO 9000 Quality Management System
· It
is looked at as a system with minimum quality
requirements.
·
A quality system is a mechanism by which a
company can organize and manage its resources to achieve, sustain and improve
quality economically.
Benefits of ISO 9000 quality system:
•
It enables the user to identify and plan tasks and
their method of performance.
•
It provides the means of identifying and resolving
problems and preventing their re- occurrence, thereby improving conformance.
•
It cuts down the poor quality cost.
•
It generates objective evidence to demonstrate the
quality of products and the effectiveness of the systems and thus builds up
confidence among customers.
•
This standard demands training for all personnel
performing activities effecting quality
and hence improved performance.
•
Reduces fire-fighting operations and better job satisfaction.
•
Registration to ISO 9000 is a necessary prerequisite in
different countries.
•
It is not a product standard and hence can be used for
any type of industry and for companies employing very few persons as well as
whose work force runs in to thousands.
•
Marketing advantages, recognition and publicity.
•
Reduces liability risks.
Essential steps to ISO 9000:
•
Acceptance by top management of quality as a vital
element in the business
•
Consultation with the workers‟ representatives to
explain the concept and benefits of ISO 9000.
•
Training task force members in the various aspects of
ISO 9000 and the methodology for its implementation
•
Writing down work instructions, procedures, and manuals
complying with the various clauses of the standard•
Preparing a quality manual setting out the company‟s
policy and ensuring that these are better understood by all employees.
•
Training staff and work men in the methods and procedures.
•
Implementing the document system and subjecting to a
trial for few months.
•
Conducting internal audits to assess its compliance
with the ISO 9000 standard and taking corrective action.
•
Arranging a preliminary audit by an external audit team.
•
Arranging formal assessment by an accredited
certification or registration body.
ISO 14000 Quality Management Systems
ISO 14000 is designed to provide a structure for the
management of environmental compliance. The ISO 14000 series comprises numerous
individual generic standards, which may be broadly classified according to the
following six categories: Environmental Management Systems (EMSs), Auditing,
Labeling, Performance Evaluations, Life Cycle Assessment, and Environmental
Aspects of Product Standards.
The most familiar standard in the 14000 series is ISO
14001, entitled "Environmental Management Systems, Specification with
Guidance for Use." Before being published in its final form, 14001 was
widely distributed and closely studied as a draft international standard.
Organizations will be able to register only to this one standard; all other
standards in the series are guidelines to help companies set up, audit, and
improve their environmental management systems.
Like ISO 9000, ISO 14000 is neither industry- nor
product-specific. The anticipated benefits of registration to this new
international standard include:
·
Worldwide focus on environmental management.
·
Promotion of a voluntary consensus standards approach.
· Harmonization
of national rules, labels, and methods through minimization of trade barriers
and complications and promotion of predictability and consistency.
· Demonstrated commitment to maintaining and moving beyond regulatory environmental-performance compliance.
By implementing ISO 14000, any
company can become truly competitive by:
·
Decreasing costs through increased efficiencies.
· Creating
and maintaining new market opportunities in areas such as Europe, which may
eventually make registration to the standards a necessary condition of doing
business within their jurisdiction.
·
Demonstrating environmental leadership.
·
Improving both its own corporate image and
community goodwill.
· Enhancing
credibility through registration by an independent third party accredited by
the appropriate national body, such as the RAB in the United States, or the
Japanese Accreditation Board.
·
Streamlining/simplifying its EMS.
Preparing for ISO 14000: Many
are conducting gap analyses - that is, evaluating their existing EMSs in
relation to the requirements of the current ISO 14001 draft international
standard. This enables them to develop road maps for achieving registration by
effectively integrating ISO 14001 into their present environmental, quality,
and corporate management systems. Of the companies that have already performed
gap analyses, roughly 41% feel that their existing EMS is either close or very
close to meeting the ISO 14001 standard,
according to a survey carried out by ML Strategies Inc.
A number of companies in almost every industry are adopting a
wait-and-see attitude, holding off on seeking registration until such time as
industry conditions demand it. As a result, the first of these companies to
register will be those whose customers insist on it. But while these
organizations delay taking action, many others will gain competitive advantage
and get a jump on the future by registering before their customers require it.
Benefits of ISO
14000: The
ISO 14000 standards are practical tools for organizations who are not satisfied
with mere compliance with legislation – which may be perceived as a cost of
doing business. They are useful tools for proactive organizations who
understand that implementing a strategic approach can bring return on
investment in environment- related measures.
The systematic
ISO 14001:2004 approach requires the organization to take a hard look at all
areas where its activities have an environmental impact. A properly designed
ISO 14001:2004 Environmental Management System (EMS) allows efficient identification
of opportunities for cost savings. It can trigger procedural and/or
technological changes that reduce the total cost of a product or improve its
value.
Some of the
benefits of implementing an ISO 14000 Environmental Management System (EMS) in
accordance with the ISO 14000 standards include:
1.Operational Benefits
·
Efficiency, discipline and operational
integration with ISO 9000
·
Greater employee involvement in business
operations with a more motivated workforce
·
Easier to obtain operational permits and authorizations
·
Assists in developing and transferring
technology within the company
·
Helps reduce pollution
·
Fewer operating
costs
·
Savings from safer workplace conditions
·
Reduction of costs associated with emissions,
discharges, waste handling, transport and disposal
·
Improvements in the product as a result of
process changes
2. Environmental Benefits
·
Minimizes hazardous and non-hazardous waste
·
Conserves natural resources - electricity, gas,
space and water with resultant cost savings
·
Prevents pollution and reduces wastage
3. Marketing Benefits
·
Demonstrates to customers that the firm has met
environmental expectations
·
Meets potential national and international
government purchasing requirements
·
Delivers profits from marketing
"green" products
·
Provides a competitive marketing tool
·
Improves international competitiveness
4. Financial Benefits
·
Improves the organization‟s relationship with
insurance companies
·
Elimination of costs associated with conformance
to conflicting national standards
·
Process cost savings by reduction of material
and energy input Safer products
·
Satisfying investor / shareholder criteria
·
Helps reduce liability and risk
·
Improved access to capital
Hazard Analysis and Critical Control Point (HACCP)
•
Hazard analysis and critical control point (HACCP)
system has been recognized by the codex Alimentarius Commission as a tool to ensure
the safety of food.
•
HACCP is a scientifically based protocol that is
applied directly to the food procurement, production and distribution process.
• HACCP
/ ISO 22000 food safety management system is a scientific, rational and
systematic approach to identify, assess and control hazards during production,
processing, manufacturing and use of food.
• HACCP
is a preventive system used by the food industry to ensure food safety,
pharmaceutical safety etc., which addresses physical, chemical and biological
hazards as a means of prevention rather than finished product inspection.
• HACCP
includes steps designed to prevent problems before they occur and to correct deviations through a systematic
way as soon as they are detected.
• HACCP
system controls hazardous elements in the food system such as contaminants,
pathogenic microorganisms, physical objects (glass, metal and bone), chemicals
(toxins, heavy metals and pesticide residues), raw materials, processing
conditions, use directions for the consumer or storage condition. So HACCP
consists of plan and system.
• HACCP
plan is a written document that is based on the principles of HACCP and that
delineates procedure to be followed.
•
HACCP presents a good opportunity for the food industry
for upgrading quality and bringing uniformity and consistency in their supplies
to international market.
The standard
approach to HACCP is that specified by the codex Alimentarius, 1997, and
follows seven basic principles:
1.
Conduct a hazard analysis
2.
Determine the critical control points
3.
Establishment of specifications for critical limits
4.
Development of monitoring and testing system to
control critical point.
5.
Establishment of corrective actions when
monitoring indicates that a particular CCP is not under control
6.
Establish record keeping procedures for
verification to confirm that the HACCP system is under control
7.
Verification of HACCP system to confirm efficacy.
Benefits of implementing HACCP/ ISO 22000:
1.
A preventive approach to food safety
2.
Can help and identify process improvements and
reduced customer complaints
3.
Reduces the need for and the cost of end product testing
4.
Is complementary to quality management system
such as ISO 9000
5.
Enhances customer satisfaction/ reduces dissatisfaction
6.
Facilitates better understanding of food
packaging safety issues throughout the organization
7.
Improves the organizations image
8.
Requires regular testing of data.
9.
Improves internal and external communications
Bureau of Indian Standards
Various committees including representatives from the
government, consumers and industry, formulate the Indian Standards Institution
(ISI). Safety performance and reliability are assured when the product is ISI
marked. ISI is now known as Bureau of Indian standards. Bureau of Indian
standards operates a certification mark scheme under the BIS Act, 1986.
Standards covering more than 450 different food products have been published.
The organization runs a voluntary certification
scheme known as ISI mark for certification of processed food items. Standards
are laid for vegetable and fruit product, spices and condiments, animal
products and processed foods.
Once these standards are accepted, manufacturers
whose products conform to these
standards are allowed to use BIS label on each unit of their product. The
products are checked for quality by the BIS in their own network of testing
laboratories at Delhi, Mumbai, Kolkata, Chennai, Chandigarh and Patna or in a
number of public and private laboratories recognized by them.
The certification scheme is basically voluntary in
character but some of the items require compulsory BIS certification under PFA.
They are food colors, food additives, infant milk food, infant formula, milk
and cereal based weaning food, milk powder and condensed milk.
The activities are twofold the formulation of Indian
standards in the processed foods sector and the implementation of standards
through promotion and through voluntary and third party certification systems.
BIS has on record standards for most of processed
foods. In general these standards cover raw materials permitted and their
quality parameters, hygienic conditions under which products are manufactured
and packing and labeling requirements.
Manufacturers complying with standards laid down by the BIS can obtain
and “ISI” mark that can be exhibited on product packages.
Salient features / functions of
the Bureau:
• Standard formulation
• Certification:
Product, quality, management system, Eco mark, environmental management system,
hazard analysis and critical control points.
•
Laboratory: testing, calibration and management
•
Standards: Promotion
•
Consumer affairs and
• Awareness
and training program.
Codex Alimentarius Commission
·
Codex Alimentarius Commission was established in
1962. The Codex Alimentarius which means “Food law” or “Food code” in Latin.
The Codex Alimentarius 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 dual objectives of the Codex Alimentarius
commission are to protect the health of consumers and to facilitate the
international trade.
·
It brings all together 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.
Salient features of Codex Alimentarius:
·
Protecting health of the consumers and ensuring
fair trade practices
·
Promoting coordination of all food
standards work undertaken
by international governmental and non-
governmental organizations
·
Determining priorities and initiating and
guiding the preparation of draft standards
·
Finalizing the
standards
·
Amending published standards
·
Submission of proposal for a standard
·
A decision by the commission or the executive committee
·
Preparation of a proposed draft standard by
subsidiary body
·
Adoption of standard by the commission
·
Addition of CODEX STANDARD in the Codex Alimentarius.
The Codex secretariat is located at Rome and is financed jointly by the
FAO and the WHO. At present there are 170 countries, including India as Codex
members and this covers
98 per cent of
the world‟s population. The codex commission meets every two years either in
Rome or in Geneva.
Codex can be divided in to three
main groups
1. The
commodity standards committee work vertically dealing with food products such
as processed fruits and vegetables , fats and oil, fresh fruit and vegetables,
natural mineral water, cocoa products and chocolates, fish and fishery
products, sugar, milk, products, cereal and meat products.
2. The
general subject committees work horizontally on standards such veterinary drug
residues, food additives and contaminants, pesticide residues, hygiene,
labeling, inspection and certification systems, analysis and sampling,
nutrition and foods for special dietary uses.
3. The
six regional coordinating committees are based in Africa, Asia, Europe, Latin
America and Caribbean, North America and South West Pacific and the near East.
Codex decisions are not binding on its members not has
any formal legal status, prior to the signing of the General Agreement on
Tariff and trade, GATT in December 1994. Foods everywhere will ultimately be
influenced by codex in many different dimensions- in safety standards, food
additives, pesticide uses, labeling of pre- packed foods, international trade,
competition and pricing, be the foods locally grown or imported from the other
side of the world.
CODEX ALIMENTARIUS PROCEDURAL MANUAL:
Criteria for the establishment of work priorities:
When a Codex Committee proposes to elaborate a
standard, code of practice or related text within its terms of reference, it
should first consider the priorities established by the Commission in the
Medium-Term Plan of Work, any specific relevant strategic project currently
being undertaken by the Commission and the prospect of completing the work
within a reasonable period of time. It should also assess the proposal against
the criteria set out below.
If the proposal falls in an area outside the
Committee‟s terms of reference the proposal should be reported to the
Commission in writing together with proposals for such amendments to the
Committee‟s terms of reference as may be required.
Criteria applicable to commodities:
(a) Consumer
protection from the point of view of health and fraudulent practices.
(b) Volume
of production and consumption in individual countries and volume and pattern of
trade between countries.
(c) Diversification
of national legislations and apparent resultant or potential impediments to
international trade.
(d) International
or regional market potential.
(e) Amenability
of the commodity to standardization.
(f)
Coverage of the main consumer protection and trade
issues by existing or proposed general standards.
(g) Number
of commodities which would need separate standards indicating whether raw, semi
processed or processed
(h) Work
already undertaken by other international organizations in this field
THE FOOD SAFETY AND STANDARDS BILL, 2005
BILL: To lay down science
based standards for articles of food and regulate their manufacture, import,
export, storage, distribution and sale, to ensure availability of safe and
wholesome food for human consumption and to establish Food Safety and Standards
Authority of India. It was enacted by
Parliament in the Fifty-fifth Year of the Republic of India
I. Short title, extent and commencement
a.
This act may be called the Food Safety and
Standards Act (FSSA), 2005.
b.
It extends to the whole of India.
c. It
shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint, and different dates may be
appointed for different provisions of this Act.
II.
Declaration
as to expediency of control by the Union: It is hereby declared that it is
expedient in the public interest that the Union should take under its control
all articles of food.
III.
Definitions:
In this Act, unless the context otherwise requires -
1. “Adulterant”
means any material which is or could be employed for the purposes of
adulteration
2. “Adulteration”
- It includes intentional addition, substitution or abstraction or substances
which adversely affect the purity and quality of foods incidental contamination
of foods with deleterious substances such as toxins and insecticides due to
ignorance, negligence or lack of proper storage facilities. Contamination of
the food with harmful insects, micro organisms like bacteria, fungus, moulds
etc during production, storage and handling.
3. “Advertisement”
means any visible representation or announcement made by means of any light,
sound, smoke, gas, print, electronic media, internet or website".
4. “Authorized
Officer” means an officer authorized by the Food Authority to enforce and
execute rules and regulations, orders and any other provisions of this Act
relating to import and export of articles of
food
5.
"Chairperson" means the
Chairperson of the Food Authority.
6. “Claim”
means any representation which states, suggests or implies that a food has
particular qualities relating to its origin, nutritional properties, nature,
processing, and composition or otherwise.
7. “Commissioner
of Food Safety” means the Commissioner of Food Safety in the State or the
union territory.
8. “Consumer”
means persons and families purchasing and receiving food in order to meet their
personal needs.
9. “Contaminant”
means any substance, not intentionally added to food, which is present in such
food as a result of the production (including operations carried out in crop
husbandry, animal husbandry or veterinary medicine), manufacture, processing,
preparation, treatment, packing, packaging, transport or holding
of such food or as a result of environmental contamination, but does not
include insect fragments, rodent hair
and other extraneous matter.
10. “Designated
Officer” means the officer appointed by the Food Authority or the State
Commissioner of Food Safety, by notification in the Official Gazette.
11. “Enforcement
authority” means an authority prescribed by the Act, rules and regulations
for the purpose of enforcement of this Act.
12. “Enforcement
officer” means the officer by whom they are to be enforced and executed and
includes Food Inspector of the State Commissioner of Food Safety and Authorized
Officer of the Food Authority.
13. “Extraneous matter”: Food
containing any matter which may be carried from the raw materials, packaging
materials or process systems used for its manufacture or which is intentionally
added to it, though such matter may not render such article of food injurious
to health.
14. "Food"
(or "foodstuff") means any substance or product, whether processed,
partially processed or unprocessed, consumed by humans and includes drinking
water, chewing gum and beverages.
15. “Food
additive” means any substance which is added to food for a technological
(including organoleptic) purpose in the manufacture, processing, preparation or
treatment of such food affects the characteristics of such food, but does not
include contaminants.
16. “Food Authority" means the
Food Safety and Standards Authority of India established under section 4.
17. "Food
business" means any undertaking, whether for profit or not and whether
public or private, carrying out any of the activities related to any stage of production, processing and distribution of
food and includes import, export and sale of food and food service providers.
18. “Food
business operator" means the natural or legal persons responsible for
ensuring that the requirements of food law are met within the food business under their control.
19. “Food
hygiene” means all the conditions and measures necessary for the
manufacture, processing, sale, storage and distribution of food designed to
ensure safe and wholesome food for human consumption.
20. “Food
Inspector” means an officer authorized by the State Commissioner of Food
Safety to enforce and execute rules and regulations, orders and any other
provisions of this Act relating to manufacture, distribution, sale of articles
of food.
21. "Food
law" means the laws, Acts, orders, rules, regulations,
notifications and orders governing food
at every stage of its production, processing and distribution.
22. “Food Laboratory” means any
laboratory or institute established by the Central or the State Governments or
any other agency and accredited by National Accreditation Board for Testing and
Calibration of Testing Laboratories (NABL) and recognized by Food Authority.
23. “Food
safety audit” means a systematic and functionally independent examination
of food safety measures adopted by manufacturing units to determine
whether such measures and related
results meet with objectives of food safety and the claims made in that behalf.
24. “Food Safety Management System”
means the adoption of good manufacturing practices (GMP), good hygienic
practices (GHP), hazard analysis and critical control point (HACCP) and such
other practices as may be notified by the Food Authority, by the food business
engaged in the manufacture, processing, sale, storage and distribution of food.
25. “Genetically modified food”
means the food, which is produced through techniques in which the genetic
material has been altered.
26. “Hazard”
means a biological, chemical or physical agent in food with the potential to cause an adverse effect on the health of consumer.
27. “Ingredient”
means any substance, including a food additive used in the manufacture or
preparation of food and present in the final product although in a modified form.
28. “Irradiation”
means any physical procedure, involving the intentional exposure of food to
ionizing radiations.
29. “Label”
means any tag, brand, mark, pictorial or other descriptive matter or display of
written, printed, stenciled, marked, embossed or impressed matter on, or
attached to a container, cover, lid or
crown of any food package.
30. “License”
means a license granted under this Act.
31. Local
Area or Specified Area” means any area, whether urban or rural, declared by
the Central Government or as the case may be, the State Government by
notification in the Official Gazette, to be a local area for the purposes of
this Act.
32. “Manufacture"
includes any process incidental and ancillary to the manufacture of an article
of food.
33. “Manufacturer”
means a person engaged in the business of manufacturing any article of food for sale.
34. “Member"
means a whole-time or a part-time member of the Food Authority and includes the Chairperson.
35. “Misbranded”
– A food may be considered as misbranded if it has a label which gives false or
misleading information about the product. Failure to specify weight, measure,
names of additives (color, flavoring) limitations in use of the product, name of the manufacture as well
as misleading the consumer in terms of size are considered as misleading of foods.
36. "Notification"
means a notification published in the Official
Gazette.
37. “Package” means a box, bottle,
casket, tin, barrel, case, receptacle, sack, bag, wrapper or other thing in
which an article of food is placed or packed.
38. “Pesticide residue” means any
specified substance in or on food resulting from the use of a pesticide or any
derivatives of a pesticide, such as conversion products, metabolites, reaction
products and impurities considered to be of toxicological significance.
39. “ Premises”
include any shop, stall, place or vehicle or vessel where any article of
food is sold or manufactured or stored for sale.
40. "Prescribed"
means prescribed by rules and regulations made there under this Act.
41. "Primary
food" means any article of food, being a produce of agriculture or
horticulture or animal husbandry and dairying or aquaculture in its natural form.
42. “Proprietor”
means the person who carries the business.
43. "Regulations"
means the regulations made by the Food Authority.
44. “ Risk”,
means the probability of an adverse effect on the health of consumers and the
severity of that effect, consequential to a food hazard.
45. “Sample”
means a sample of any article of food taken under the provisions of this Act or
any rules and regulations made under the act.
46. “Standard”,
means the standard notified by the Food Authority under this Act.
47. “Sub-standard” - If the food
deviates in the percentage of any of its ingredients or parameters provided in
the standards laid under the rules or regulations made under this Act.
48. “Tribunal” means the Food
Appellate Tribunal established under section 71 of this Act;
49. “Unsafe food” means food which
is injurious to health or unfit for human consumption.
Establishment of Food Safety and Standards Authority of India (FSSAI)
(1) Within
three months from the date of the commencement of this Act, by notification in
the Official Gazette, The central government established a body known as the
Food Safety and Standards Authority of India to exercise the powers conferred
on, and the functions assigned to, it under this Act.
(2) The
Food Authority is a corporate body having perpetual succession and a common seal with power to acquire, hold and
dispose of property, both movable and immovable.
(3) The
head office of the Food Authority shall be at New Delhi. It may establish its
offices at other places in India.
Composition of the Food Authority and
Qualification for appointment of its Chairperson and other Members:
(1) The
Food Authority shall be composed of eleven members excluding the Chairperson as follows:
(a) Chairperson
(b) six
members not below the rank of Joint Secretary to be appointed by the Central
Government, to respectively to representing the Ministries of the Central Government dealing with
(i) Agriculture,
(ii) Commerce,
(iii) Consumer Affairs,
(iv) Food Processing,
(v) Health,
(vi) Law and Justice,
(c) Two
representative one each from food industry and consumer organizations.
(d)
One Eminent Food Technologist or scientist
(e) Two members
to be appointed by rotation in alphabetical order to represent the States and
Union territories.
(2) The
Chairperson and members of the food authority shall be appointed in such a way
to secure the highest standards of competence.
(3) The
Chairperson shall be appointed by the Central Government by a notification in
the Official Gazette, from amongst the persons of eminence in the field of food
science or from amongst the persons from the administration who have been
associated with the subject and is either holding or has held the position of
not below the rank of Secretary to the Government of India.
(4) The
Chairperson of the Food Authority shall be appointed by the Central Government
on the recommendation of the Selection Committee.
Selection Committee for selection to recommend Food Authority Members:
(1) The Central
Government shall, for the purpose
of sub-section (3) of section 5,
constitute a Selection Committee consisting
of
(a) Cabinet
Secretary – Chairperson
(b) Secretary-in-charge
of the Ministry of Food Processing Industries as the convener Member.
(c) Secretary-in-charge
of the Ministries of the Central Government dealing with the Departments of
Health, Legislative and Personnel – Member.
(d) Chairman of
the Public Enterprises Selection Board – Member.
(e) An eminent
food technologist to be nominated by the Central Government –
Member.
___________________________________________________________
Courtesy : Ms.K. Suseela, College of Food Science and Technology, Bapatla and Dr. Jessie Suneetha W, College of Food Science and Technology, Pulivendula
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