Food Safety Act
Food Safety Act
Food Safety Act
FSS Act,2006
The Food Safety & Standards Act 2006 is Act to consolidate the laws relating 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 wholesome
food for human consumption and for matters connected therewith or incidental thereto.
Situation earlier
Prevention of Food Adulteration Act 1954 and Rules
Department of Health Ministry of Health and Family Welfare
Standards of Weights and Measures Act and Packaged Commodity Rules, The Vegetable Oil Products (Control) Order, The Edible Oils Packaging (Regulation) Order, The Solvent Extracted Oil, Deoiled Meal, and Edible Flour (Control) Order Ministry of Consumer Affairs, Food and Public Distribution
Current status
Indian food safety standard bill signed into law in 2005. In 2006 Food Safety and Standards Act, 2006 came into enforcement with two objective : To introduce a single statute relating to food and To provide for scientific development of the food processing industry On 5th Aug 2008 FSSAI was constituted. On 5th May 2011 FSS Rules were notified in to the Gazette. On 5th Aug 2011 FSS Rules and Regulation came into enforcement.
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Decentralization of licensing for food products .
FSSAI has been mandated by the FSS Act, 2006 for performing the following functions
Framing of Regulations to lay down the Standards and guidelines in relation to articles of food and specifying appropriate system of enforcing various standards thus notified.
Laying down mechanisms and guidelines for accreditation of certification bodies engaged in certification of food safety management system for food businesses. Laying down procedure and guidelines for accreditation of laboratories and notification of the accredited laboratories
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To provide scientific advice and technical support to Central Government and State Governments in the matters of framing the policy and rules in areas which have a direct or indirect bearing of food safety and nutrition . Collect and collate data regarding food consumption, incidence and prevalence of biological risk, contaminants in food, residues of various, contaminants in foods products, identification of emerging risks and introduction of rapid alert system. Creating an information network across the country so that the public, consumers, Panchayats etc receive rapid, reliable and objective information about food safety and issues of concern
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Provide training programmes for persons who are
involved or intend to get involved in food businesses. Contribute to the development of international technical standards for food, sanitary and phyto-sanitary standards.
Information
Information
REGISTRATION
LICENCING
(Gram Panchayat)
RURAL
HEALTH OFFICER
(for Inspection of Medium Units for licensing and Monitoring of Registered Food Business Manufacturers)
Information
REFERAL LAB
SPECIAL COURT
ACCREDITED LAB
DESIGNATED OFFICER
ADJUDICATING OFFICER
Carry out survey/inspection of the food processing units in the state to find out compliance of prescribed standards.
Conduct training programmes for the personnel engaged in food safety. Ensure efficient and uniform implementation of the standards and other requirements of food safety.
Sanction prosecution for offences punishable with imprisonment under this Act.
Taking samples of food intended for sale Seize any articles of food which appears to be in contravention of this Act Enter and inspect any place where food is manufactured, or stored for sale May after giving notice, cause unsafe food destroyed Seize any adulterant found in possession of a manufacturer or distributor Can be penalised for harassment of business operator (There is provision for penalising Complainant for false complaint)
Enforcement of Act
Adjudicating Officer of the State govt. To impose penalty for offences Shall have the powers of civil court Central / State govts. to establish one or more tribunals to attend to appeals
One member tribunal called Presiding Officer (District Judge) Power to establish special courts for expedient hearing for offences relating to grievous injury or death
ADJUDICATING OFFICER
State Govt. to notify Adjudicating Officer not below the rank of Addl. District Magistrate.
Central Govt. or State Govt. may be notify and establish one or more tribunals known as Food Safety Appellate Tribunals
Central Govt. or State Govt. may constitute special courts for trial of offences relating to grievous injury or death of the consumer
Substandard food: Upto Rs. 2.00 lakhs Misbranded: Upto Rs. 3.00 lakhs
lakhs
Adulterant not injurious to health: Upto Rs. 2.00 lakhs Adulterant injurious to health: Upto Rs. 10.00 lakhs Unsafe food but does not cause immediate injury : 6 months imprisonment with fine of Rs.1.0 lakh
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Unsafe food causing non-grievous injury : 1 year imprisonment with fine of Rs. 3.00 lakh Compensation in case for injury : upto Rs.1.00 lakh Causing grievous injury : 6 years imprisonment with fine of Rs. 5.00 lakh Compensation in case for grievous injury : upto Rs.3.00 lakh Causing death : 7 years or life imprisonment and fine of Rs. 10.00 lakh Compensation in case of death : upto Rs. 5.00 lakh minimum
Way ahead
FSSI proposes 12th Five year plan 2012-2017 which includes : Food safety needs to be the part of Education System - NCERT Foods for Special Dietary Use (FSDU) Regulation. Specify standards and guidelines in relation to food items, limits for food additives, Labeling & Quality control. Designate and finalise upgradation plans for Referral labs and food laboratory infrastructure. Regulation for Safety and Quality of Water/Milk & Meat Industry. Trans Fats and Saturated Fats Standards. Regulations for Labeling and claims especially for functional foods.
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Develop procedures for establishment and working of Adjudicating officers and Food Safety Tribunals. Food Safety Surveillance Mechanism, Recall Mechanism. Review standards for Organic Food, GAP and GMP. Consumer awareness for food safety, disaster management. Critical studies on (e.g. through NIN) Diet Surveys, Data-base for Food Safety Regulations, Trans Fatty Acids Import regulation regime etc.
Thank you