FSSAI Issues Advisory to Enhance Food Safety

FSSAI or Food Safety and Standards Authority of India is a regulatory body of food safety and quality control, governed by the Ministry of Health and Family Welfare, Government of India. This is established under the Food Safety and Standards (FSS) Act, 2006. FSSAI issues advisory to regulate the manufacture, distribution, storage, and sales of any food-related products to ensure the quality is safe to consumption. They make sure that every FBO (Food Business Operator) maintains the standards set by the FSS Act all over India.

FSSAI Issues Advisory to E-Commerce Platform (Dec, 2024): 

FSSAI has issued an advisory on safety regulations for E-commerce companies. The food regulator has highlighted six-key parameters due to consumer complaints related to food products sold online. E-commerce platforms must apply that safety compliance to ensure consumer safety and enhance product quality.

• E-commerce companies have to prioritize the training of their employees on food safety protocols.
• The training module should cover safe handling of food, hygiene, and sanitation to prevent risk factors.
• To avoid cross-contamination the companies must deliver the food and non-food item separately.
• All the products listed on E-commerce platforms must maintain Food Safety and Standards (Labelling and Display) Regulations, 2020. All the products must have30% of shelf life or 45 days remaining before the expiry date at the time of delivery.
• E-commerce platforms are required to display the FSSAI license number of the seller to maintain transparency with the consumers.
• Display hygiene ratings of the sellers on the E-commerce platform.

To maintain these new regulations FSSAI has issued a declaration that no E-commerce platform can list any seller without a valid FSSAI license. They even conducted a meeting with executives of e-commerce platforms and directed them to take immediate action to align with the safety standards.

Let’s learn more about FSSAI and its regulations:

Functions of FSSAI:

Food Safety and Standards Authority of India (FSSAI) plays a crucial role in maintaining Food safety and hygiene standards all over India. Maintaining all the regulations is a mandatory requirement for all food businesses. Some key functions of FSSAI are mentioned below.

1. Food Safety Standards: FSSAI has mandated safety standards for different categories of food products, ensuring the products are free from contamination, additives, mycotoxins, heavy metals, adulteration, and any other harmful substance. They have set these standards as the basis of scientific research and evidence.  
2. Food Testing and Quality Control: They monitor food testing laboratories all over India to make sure every food quality matches the FSS Act mandate standards. FSSAI provides prescribed guidelines to labs across India to check the use of any contamination, adulteration, additives, etc.
3. Inspection and survey: FSSAI conducts a survey of the accreditation bodies engaged in certifying food safety management for food businesses. They also regularly inspect FBOs to identify the presence of any harmful objects and hygiene issues across India.
4. Food labeling and consumer protection: FSSAI has mandated food labeling on packaged food products. Every label must include various information including Ingredient description, nutrient level, Manufacturing and expiry dates, FSSAI number, etc. This is to make consumers informed about the product they are consuming.
5. Promote Awareness: FSSAI issues advisory to promote awareness and educate consumers and businesses about food safety and hygiene practices. They have conducted campaigns such as Food Safety on Wheels, Eat Right India, Jaivik Bharat, Safe and Sustainable Packaging, etc.
6. Food Fortification: Food fortification is the process of adding essential vitamins, and minerals to food during processing. FSSAI promotes food fortification to staple food items like rice, salt, edible oil, wheat, etc. to combat malnutrition all over India.
7. RUCO Initiative: FSSAI’s RUCO (Repurpose Used Cooking Oil) initiative is to collect and convert used cooking oil into biodiesel. This helps reduce waste and environmental hazards.
8. Quality check on imported food Items: FSSAI issues advisory to conduct quality checking on every imported food article. To ensure the article is safe to consume.
9. Taking Action against Violators: FSSAI conducts regular inspections. They take action against any type of regulatory violation by banning products, imposing fines, and shutting down businesses.
10. Research and development: FSSAI endures scientific research to update food safety standards and develop new methods and parameters to survey.  

Food Safety Department:

FSSAI provides direction to the food safety and standards commissioner, who is bound by such directions while exercising their power under the FSS Act.

FSSAI Registration/FSSAI License:  

FSSAI license/registration is provided based on the business types, turnover, and production capacity. According to the installed capacity and turnover.

1. FSSAI Registration:

FSSAI registration is applicable for small businesses with an annual turnover of less than 12 lakh rupees. Here are some conditions mentioned below.

• Annual turnover less than 12 lakh.
• The capacity of production is up to 100kg/liter per day. (Without meat and milk)
• The capacity of milk or milk-related products is up to 500 liters per day.
• Capacity of slaughtering 2 large animals, 10 small animals or 50 poultry birds per day.
• The capacity of vending machines is up to 12 in one state or union territory.

2. State license:

This is applicable for medium-sized food businesses with annual turnover from 12 lakh to 20 crore rupees. Some of the conditions are mentioned below.

• The capacity of food production is 1 Metric Ton to 2 Metric Ton. (Without meat and milk)
• The capacity of milk and milk-related products is 501 liters to 50,000 liters per day.
• The capacity of slaughtering is 3-50 large animals or 11-150 small animals or 51-1000 poultry birds per day.
• The capacity of vending machines is up to 100 in one state or union territory.

3. Central license:

This is applicable for large-size food businesses with an annual turnover of more than 20 crore rupees. Here are some criteria mentioned below.

• The capacity of food production is more than 2 Metric Tons per day. (Without meat and milk)
• The capacity of milk and milk-related products is more than 50,000 liters per day.
• The capacity of slaughtering is more than 50 large animals, more than 150 small animals or more than 1,000 poultry birds per day.
• The capacity of vending machines is more than 100 in two or more than two states/ union territories.

Governing Law:

Before the Food Safety and Standards Act, of 2006, there were multiple laws that regulated food safety In India. The government of India merges those with the Food Safety and Standards Act 2006 for effective implementation. Here are some laws that existed before the 2006 financial year.

• Prevention of Food Adulteration Act, 1955.
• Fruit Products Order, 1955.
• Meat Food Products Order, 1973.
• Milk and milk products Order, 1992.
• Edible Oils Packaging Order, 1992.
• Vegetable Oil Products Order, 1998.

FSS Act 2006:

FSS Act, 2006 consists of 12 chapters. Here we have discussed these chapters.

1. Preliminary: This chapter defines technical terms, a short title, and a declaration.
2. Food Safety and Standards Authority of India: This chapter contains details about the committee, power of authority, Appointment and removal, terms and conditions, and procedure for conducting meetings.
3. General Principle of Food Safety: This chapter focuses on principles of food safety. This should followed by the government, the agencies, and the food authorities for risk management, transparency, protection of consumer interest, etc.
4. General provision as to the article of food: In this chapter, you will find in-depth details about different food items, processing aids, etc., and their use according to the Act. This chapter also includes packaging and labeling food products, restrictions on misleading advertisements, and prohibits unfair trade practices.
5. Provisions relating to import: This chapter is dedicated to rules and regulations about imported food products.
6. Special responsibilities as to food safety: This chapter contains the responsibilities of FBO. This ensures that everyone should follow and practice the rules and take every precaution. It also states the responsibilities of each manufacturer, distributor, and retailer
7. Enforcement of the Act: This chapter speaks about enforcement-related provisions.

• The responsibilities of the commissioner of food safety and staff working under it.
• Mandated license and registration.
• Issuing improvement notices to the businesses that are violating rules.
• Issuing prohibition orders.
• Legal power of prosecution and investigation.

8. Analysis of Food: This chapter contains the regulations relating to the NABL Accredited and FSSA-notified laboratories, research institutions, and food analysts.
9. Offenses and Penalties: This chapter covers regulations of law, offenses, and penalties. This specifies conditions where food business owners are liable including poor quality of product, showing misleading advertisements, food containing harmful substances, unhygienic conditions, and even death of any consumer.
10. Adjudication and Food Safety Appellate Tribunal: This chapter contains the appointment, responsibilities, and role of the appointed officer. It defines the power of compound offenses and establishment of the Food Safety Appellate Tribunals and the Powers of the tribunal.
11. Finance, Accounts, Audits, and Reports: This chapter covers the budget, audits, and the annual report done by the Food Authority. They have to submit it before each House of Parliament.
12. Miscellaneous: The central government issues directions to the Food authority, and state government and gathers reports and returns. It gives power to the central government to make rules and the food authority to make regulations. It also empowers the state government to make rules and procedures for rewards and recovery of penalties.

Who Requires FSSAI Registration/ License?

According to the Food Safety and Standards (FSS) Act, 2006. FSSAI issues advisory to all food business operators (FBO) in India that they must obtain an FSSAI license/registration even before starting the business. Here are some businesses that require to obtain license/registration.

• Companies involved in food manufacturing, processing, and packaging.
• Food wholesalers, distributors, and retailers.
• Supermarkets, grocery stores, food marts.
• Businesses involved in transporting food items.
• Cold storage, warehouse, logistics.
• Restaurants, cafes, bakeries, and hotels.
• Roadside food vendors, and juice sellers.
• Any online food delivery platforms such as Zomato, Uber Eats, etc.
• Homemade cloud kitchens.
• Businesses involved in importing and exporting food items.
• Dairy farms, ice-cream producers.
• Meat processing, fish packaging, and poultry businesses.
• Bottled drinking water manufacturers, soft drinks, and energy drinks producers.
• Breweries and distilleries.
• Spice and food ingredients manufacturers, and distributors.  
   
• Documents for FSSAI License:
   
• Form A for FSSAI registration or Form B for State License and Central License.
• Food Safety Management System (FSMS) plan.
• Identification Proof of FBO.
• Address Proof of business premise.
• Proof of business premise possession, like rental agreement, NOC provided by the owner. The sale agreement, etc.
• List of food products manufactured.
   
• Additional documents for State License
   
• Processing unit plan.
• List of partners or proprietors with basic details like photo ID, address proof, and contact information.
• Name of the equipment with the quantity and installed capacity.
• Authority letter from the manufacturer.
• Analysis report of water used in the processing.
• Certified under the Coop Act, 1861, or Multi-State Coop Act 2002.
   
• Additional Documents for Central license
   
• Source of raw meat, milk, etc.
• NOC documents issued by FSSAI.
• Ministry of Commerce certificate for 100% EOU (Export Oriented Units).
• Import Export code.
• Form IX.
• Certificate from the ministry of tourism.
• Proof of transportation and turnover.
• Declaration form.

FSSAI Compliance Rules and Regulations:

The Food Safety and Standards Act, 2006 under sections 91 and 92 gives the Food Authority, central government, and state government of India to make rules and regulations to add or update provisions of the FSS Act. Here we have stated some of the rules below:

• Qualifications of food analyst under section 37 (1);
• Salary, terms, and conditions of service of chairperson and members other than ex-office members under sub-section (2) and the manner of subscribing to an oath of office and secrecy under sub-section (3) of section 7;
• The manner of taking the extract of documents sized under section 38 (8);
• The fee has to be paid for preferring an appeal to the high court under sub-section (1) of section 76;
• Form statement of accounts under section 83 (1);
• Tolerance limit of pesticides, veterinary drugs, etc. under section 21;
• Limits of additives under section 19;
• Limits of quantities of contaminants, harmful substances, etc. under section 20;
• Section 23 to state the manner of marking and labeling of foods;
• The guarantee shall be given under sub-section (4) of section 26;
• Conditions and guidelines relating to food recall procedures under section 28 (4);
• Regulations relating to the functioning of food safety officers under sub-section (5) of section 29;
• Officials should follow the process under sub-section (6) of section 47;

Regulation Update:

• Food Safety and Standards Regulation, 2018 for packaging;
• Food Safety and Standards Regulation, 2011 for Prohibition and Restriction of Sales;
• Food Safety and Standards Regulation, 2011 for Licensing and Registration of Food Businesses;
• Food Safety and Standards Regulations, 2020 for Labelling and Display;
• Food Safety and Standards Regulations, 2016 for Health Supplements, Nutraceuticals, Food for Special Dietary Use, Food for Special Medical Purposes, Functional Food, and Novel Food;
• Food Safety and Standards Regulation, 2017 for Import;
• Food Safety and Standards Regulation, 2011 for Laboratory and Sampling Analysis;
• Food Safety and Standards Regulation, 2011 for Food Products Standards and Food Additives;

Procedure to Avail Food License:

Businesses can obtain FSSAI registration/License online and offline. We have discussed the procedure below:

• Open the FoSCoS portal and fill up Form A (Registration) and Form B (State License and Central License). Or you can submit Form A and Form B offline to the Food Safety Department.
• Upload all the required documents while submitting them online. Or you can submit documents physically to the Food Safety Department.
• The application could be accepted or rejected in 7 business days.
• The Food Safety Department will inspect all the documents.
• If necessary The Food Safety Department will conduct a survey at the food premise.
• If the business meets all the mandate conditions, the Food Safety Department will grant the registration/ License.
• They will send the registration number and photocopy directly to the applicant's Email ID. Or the applicant can download it from the FoSCoS portal.
• It is mandatory to display the FSSAI registration/ License at the premises during working hours.

FSSAI License Cost:

The FSSAI registration fee varies by organization.

• Basic Registration: 100 rupees.
• State license: From 2,000 rupees to 5,000 rupees.
• Central license: 7,500 rupees.

In conclusion, the Food Safety and Standards Authority of India (FSSAI) plays a crucial role in governing food safety, quality, and hygiene all over India. This is established under the FSS Act, 2006 by the government of India. FSSAI standards are not only a legal process but a vital step to building a safer and healthier India. FSSAI regulates and keeps track of food businesses by enforcing licensing and surveys to ensure the safety of the consumers.

FSSAI issues advisory to improve safety, nutrition, quality, consumer trust, and food safety norms all over India. All food business owners including manufacturers, traders, distributors, restaurants, online food sellers, etc. are mandatory to obtain FSSAI license/registration. We have discussed everything you need to know about FSSAI and the procedure to obtain FSSAI certification online or offline. Get your certification process as soon as possible to start your journey as a food business owner with compliance. For more information and to obtain the license/registration without any mistake or headache contact Online Legal India.