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Agenda Item No. 1

Draft Food Safety and Standards Rules and Regulations-Transition from PFA to FSSA

The Food Safety and Standards Act, 2006 has been passed by the Parliament with the

intention to converge all present food laws into one and to have a single regulatory body.

Accordingly the Food Safety and Standards Authority of India (FSSAI) has been established

under the Food Safety and Standards Act, 2006 (FSS Act, 2006) with the mandate 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 and wholesome food for human

consumption.

Section 91 of the FSS Act, 2006, provides for power of Central Government to make

Rules. Accordingly, the Draft Food Safety & Standards Rules, 2009 have been prepared in

consultation with various stake holders and after extensive deliberations in various meetings

held in FSSAI. These Rules include qualification of the enforcement agencies, manner of

sampling, determination of cases for referring to appropriate courts, time frame for such

determinations, procedure to be followed in adjudication of cases, qualification of the

Presiding Officer of the Tribunal and rules on other issues enumerated under Section 91 of

the Food Safety & Standards Act, 2006. Provisions for nomination by the companies and

various forms to be filled in by the enforcement agencies and concerned persons have also

been drafted for inviting public comments. After compilation of public comments the draft

Food Safety and Standards Rules will be submitted to the Ministry of Health & Family

Welfare for its approval and publication in the official gazette.

The Draft Food Safety & Standards Regulations, 2009 have also been prepared in a

similar manner through a consultation process with various stake holders. Draft Licensing

Regulations, which has been drafted and put up separately, shall also be the part of these

regulations. Similarly, drafts Regulations on other important issues are under preparation and

will become part of the said Regulations in due course of time. The provisions of Prevention

of Food Adulteration Rules, 1955 including Appendix –B, Appendix –C and Appendix-D

have been taken as it is in the draft Regulations.

These draft rules/regulations have been already circulated to the State Govt/UTs. No

State has sent its comments so far .The Members of CAC may discuss the views of the State

Govt/UTs presented in the meeting.

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Agenda item No. 2

Draft regulations for licensing/ registration

As per section 92 (o) and section 31 of Food Safety and Standards Act, 2006 , the Food

Safety and Standards Authority of India has drafted the licensing /registration regulations.

The important features of the regulations are

(a) Integration of the licensing provision of the ongoing current Food Act and orders

relating to food products.

(b) Common application form and procedures for obtaining registration and license for

food business operator from registration authority and licensing authority.

(c) Cut off marks have been worked out broadly on the line of FPO/MMPO/ MFPO to

demarcate between the domain of Registering Authority /State Govt/Central Govt.

(d) Food sub-sectors which are currently under the control of the Government of India

have been retained and unified. In addition, sectors which have high potential for food

contamination and hazard have been brought under central licensing. This includes

food service establishments under the various organs of the Government of India and

interstate operations of large food businesses.

(e) Sanitary and Hygiene conditions have been laid down for registration/licensing

according to the sensitivities of each.

The CAC may consider.

Agenda item No. 3

Taking into account the charter of activities that are to be undertaken by the State/UT

Governments and also drawing up the experience of implementation of the PFA Act, the

FSSAI has after thorough deliberation and consultation with various stake-holders, has

worked out a model administrative structure for the implementation of the FSS Act in the

States/UTs.

A note to the same is enclosed. The model structure has tried to cater to build up a

scientific cadre in the States that will discharge the function of advising, enforcing, preparing

food safety plan, keeping surveillance dealing with cases referred for adjudication or

prosecution in courts adequate food testing facility and man power etc,

However, the number of officers at each level can be adjusted according to the

specific needs of the States.

CAC may consider.

SUGGESTED FOOD SAFETY SET UP IN THE STATES

To ensure achievement of the objectives of food safety, it is advisable to constitute separate department of

food safety headed by senior secretary level officer. There will be a Food Safety Commissioner in each State

who preferably will not be below the rank of the Joint Secretary of Government of India to plan, structure and

implement the food safety initiative in the State. Under Food Safety Commissioner, there will be a cadre of Food

Safety Officers/Designated Officers/Adjudicating Officers and Food Analysts. The suggested set up of Food

Safety Cadre is as under:

Joint Food Safety Commissioner *

(Pay Scale Rs.15600-39100/-, Grade Pay Rs. 7600/-)

(Promotional Post from Deputy Commissioner/ Other officers on deputation)

Deputy Food Safety Commissioner*


(Promotional Post from Designated Officer/ Other officers on deputation)

Designated Officer


(Promotional Post from Senior Food Safety Officer/ Other officers on deputation)

Senior Food Safety Officer *


(Promotional Post from Food Safety Officer)

Food Safety Officer

(Pay Scale 9300-34800/- , Grade Pay Rs. 4200/- ) (as per 6th pay commission)

(Rs. 6500 - Rs 10,500/- as per 5th pay commission)

(By Direct Recruitment)

( Pay scales are indicative and may be decided in accordance with the policies of the states)

Note:-

i) Direct recruitment will be at the level Food Safety Officer though State Public Service Commission.

ii) The officers may be posted anywhere in the State by the State Government depending upon the work load at the

District / Zonal/ State level.

iii) Keeping in view the wide responsibilities of Food Safety Officer under the FSS Act, it is considered desirable to

have all FSOs from a unified technical cadre of the State/UT. Where food safety functions are performed by

Municipal Corporations / Boards and FSOs are required to work under such bodies , even such posts may be

filled up from the FSOs cadre on deputation basis.

iv) At levels above designated officer, it is desirable to have a mix of cadre officers and other officers of appropriate

skills to bring in an external perspective, benchmarking vis-a-vis other departments and accountability.

v) State Government may decide:

a) Number of levels and officers indicated in the proposed structure (Annexure- I) taking into consideration the

work load in the respective State / Union Territory.

b) Number of designated officers to be appointed and their jurisdiction keeping in view the workload, food clusters

and consumption centres. A balance should be maintained between Designated Officers and the number of Food

Safety Officers (FSOs) under them to avoid excessive work load on Food Safety Officers.

c) Whether the Food Safety Staff presently working under local bodies are qualified to be brought under the cadre

or not. To avoid any dislocation of work, it may be advisable to let the existing staff continue food safety work

till alternative arrangements are made. Suitable reallocation of jurisdiction may be made so that the entire state is

covered.

vi) The State Government may depute Food Safety Officers and other officers in the hierarchy for training in

accordance with the policy framed by FSSAI regularly in reputed institutes in order to upgrade their knowledge

in the areas of food safety. Such training will also be a precondition for promotion

vii) Several States have identified qualified personnel from the existing staff to constitute a separate cadre. To

develop professionalism, adequate promotion prospects and ensure deliverable improvements in food safety,

constitution of a separate department and cadre would be advisable.

Since the existing food safety structure in states is part of the Health Department, it may be advisable to set

up an expert group to draw up the structure most appropriate and suitable to the state. The proposed structure will

not only accommodate existing incumbents but also provide for adequate channels of promotions and

professional development.

Work and duties of different ranks under Food Safety and Standards Act, 2006

1. Food Safety Commissioner:- work and duties as described in Section 30 of Food Safety and Standards Act,

2006.

2. Joint Food Safety Commissioner* (Administration/ Enforcement/ Training & Development / legal):-

(i) Joint Commissioner will assist the Food Safety Commissioner in the specific field assigned by the Commissioner.

(ii) Will supervise the work of Deputy Commissioners posted at Zonal level.

(iii) May perform the delegated power of Food Safety Commissioner as defined under article 30 (3) of FSS Act, 2006,

if agreed by State Government and approved by Central Government.

(iv) Any other work related to food safety management viz. Food surveillance, Food recall/ incident reporting, Food

Terrorism and Rapid Alert System as directed by Food Safety Commissioner.

(v) Management of the cadre of officials , establishment, finance and other administrative matters

* Number of levels and officers to be decided by State Government taking into consideration the

work load in the respective state / Union Territory and financial implications.

3. Deputy Food Safety Commissioner* (Administration/ Enforcement/ Training & Development / legal):-

(i) Deputy Commissioner will assist the Food Safety Commissioner in the specific field assigned by the

Commissioner.

(ii) Will supervise the work of Designated Officers posted at District level.




Terrorism and Rapid Alert System as directed by Joint Commissioner.

(v) Management of the cadre of officials , establishment, finance and other administrative matters

* Number of levels and officers to be decided by State Government taking into consideration the work load in the

respective state / Union Territory and financial implications.

4. Designated Officer: Work and duties as described in Section 36 of the Food Safety and Standards Act, 2006.

When posted in Zonal / Regional offices, Designated Officers will function on staff assignments under the

control of Deputy Food Safety Commissioner.

5. Senior Food Safety Officer * (Administration/ Enforcement/ Training & Development / legal):

(i) Senior Food Safety Officer will work under direct supervision of Designated Officer in the related field as

decided by the Commissioner.

(ii) May work as Food Safety Officer but may also be entrusted with a bigger jurisdiction.




Terrorism and Rapid Alert System as directed by Designated Officer.

(v) Identifying, reporting and coordinating the cases of food poisoning, any such issues related to food safety.

* Number of levels and officers to be decided by State Government taking into consideration the

work load in the respective state / Union Territory and financial implications.

6. Food Safety Officer: Work and duties as described in Section 37 of the Food Safety and Standards Act, 2006.

The following functions have been laid down in the draft FSSAI Rules/Regulations for the Food Safety Officer:-

i. To inspect as frequently as may be prescribed by the Designated Officer all establishments licensed for the

manufacture, storage or sale of an article of food within the area assigned to him;

ii. To satisfy himself that the conditions of licences are being observed by each of the Food Business Operator

carrying on business within the area assigned to him;

iii. To procure and send for analysis if necessary, samples of any articles of food which he has reason to suspect are

being manufactured, stocked or sold or exhibited for sale in

contravention of the provisions of the Act, or rules framed thereunder;

iv. To investigate any complaint which may be made to him in writing in respect of any contravention of the

provisions of the Act, or rules framed thereunder;

v. To maintain a data base of all Food Business Operators within the area assigned to him;

vi. To carry out periodical inspection of each of the Food Business Operator operating within the area assigned to

him and to recommend the grading of each such Business Operator on the basis of parameters laid down for the

purpose;

vii. To issue improvement notices to the Food Business Operator whenever necessary;

viii. To maintain a record of all inspections made and action taken by him in the performance of his duties, including

the taking of samples and seizure of stocks, and to submit copies of such records to the Designated Officer as

directed in this behalf;

ix. To make such inquiries and inspections as may be necessary to detect the manufacture, storage or sale of articles

of food in contravention of the Act or rules framed thereunder;

x. To stop any vehicle suspected to contain any food intended for sale or delivery for human consumption;

xi. To recommend to the Designated Officer cancellation of licence issued to any Food Business Operator, if the

Food Safety Officer has reason to be believe that the Food Business Operator had violated the conditions for

grant of licence;

xii. To carry out food safety surveillance to identify and correct safety hazards;

xiii. To respond to incidents of food poisoning in his area and to send report to the Designated Officer to enable him

to initiate corrective action plan for non repetition of such incidents;

xiv. When so authorised by the Designated Officer, having jurisdiction in the local area concerned or the Food Safety

Commissioner to detain imported packages which he has reasons to suspect contain food, the import or sale of

which is prohibited;

xv. To liase with the Food Business Operators within his area of operation and facilitate the introduction of food

safety systems by the Food Business Operator.

xvi. To prepare in consultation with the Designated officer and in consultation with each Panchayat and Municipality

a brief food safety plan as per parameters specified in Schedule hereto and to liase with the officials of each

Panchayat and Municipality for placing the food safety plan before the Council of Members of Panchayat and

Municipality for the purpose of approval and implementation of such safety plan and for allocation of

responsibilities for monitoring the implementation of the food safety plan.

xvii. To perform such other duties, as may be entrusted to him by the Designated Officer having jurisdiction in the

local area concerned.

Note: Besides above mentioned work, Designated Officers, Deputy Commissioners and Joint Commissioners

may also be given Staff assignments and posted at Zonal level and State level as decided by State Government

depending upon the work load. These officers will work as coordinators between next higher officers and the

officers working at lower level. Any other work related to food safety management viz. Food surveillance, Food

recall/ incident reporting, Food Terrorism and Rapid Alert System may be assigned to them.

It would be advisable to ensure periodic rotation of officers between field and office assignments. No

officer should remain in a jurisdiction for more than 3 years unless he completes another assignment for at least

one year in another area or is promoted to a higher level.

The Annual Confidential Report of Food Safety Officer, Designated Officer and other officers should be

based on the work assigned to them. The Food Authority will be proposing draft formats in this regard shortly.

Objectives of proposed set up of unified Food Safety Officer’s Cadre at District / Zonal / State level

(i) Satisfactory promotion career will result better performance / output of all officers.

(ii) Quality recruitment, training and development of a specialised technical cadre of food safety officials.

(iii) Better exposure of work at District/ Zonal/ State level for the skill development of officers.

(iv) Equal opportunity for working in Rural / Urban / difficult areas.

(v) Opportunity for contributing in policy making.

(vi) Working in different sections will result in overall development of officers and will result in shift of emphasis

of officers from enforcement & penalisation to development & training.

(vii) Transfer from one department to another or to a local body will ensure that no vested interest develops at one

place.

(viii) It will provide manoeuvrability to the department to post personnel according to their aptitude and

performance.

Proposed Posting of Food Analyst, Chief Food Analyst and Joint Director at District/Zonal/State Level

It is also proposed that Food Analysts (Grade Pay Rs. 5,400/-), Chief Food Analyst (Grade Pay Rs. 6,600/-)

and Joint Director (Grade Pay Rs. 7,600/-) may be posted at District Level, Zonal Level, and State Level Offices

in rotation with their posting in the laboratory. These officers will act as co-ordinators between Enforcement

Officers and Laboratory. These officers will assist Food Safety Commissioner in identification food laboratories

and research institutions for testing and calibration or any other accreditation agency to be notified by the Food

Authority for the purpose of carrying out analysis of samples. These officers will also play a role in policy

making, formation of schemes related to development of laboratories including infrastructure , well qualified

staff, training of existing staff and may be entrusted with any other work related to food safety management viz.

Food surveillance, Food recall/ incident reporting, Food Terrorism and Rapid Alert System as directed by Food

Safety Commissioner.

The qualifications, training requirements and work plan for these officers will be notified by Food

Authority shortly.

Proposed Set up of Food Safety Officers Cadre at District / Zonal / State level Annexure- I

Distt. Level / Sub Divisional Level

NOTE :- Number of levels and officers to be decided by State Government taking into consideration the work load in the respective state / Union Territory.

State Level

Divisional / Zonal Level

Staff assignment

Joint Food Safety Commissioner (Administration / Legal / Enforcement/ Training &Development)

(Grade Pay Rs. 7600/-)

Deputy Food Safety Commissioner (Administration / Legal / Enforcement/ Training &Development)

Deputy Food Safety Commissioner (Administration/ Enforcement/ Training & Development / legal) –

(Grade Pay Rs. 6600/-)

Staff assignment

Designated Officers

Designated Officers ( Grade Pay Rs. 5400/- )

Senior Food Safety Officers (Grade Pay Rs. 4800/-) for Enforcement/ Training & Development / legal/ Administration from Food Safety Officer,

may work as Food Safety Officers in bigger towns etc.

Food Safety Officers Food Safety Officers Food Safety Officers (City) (Town/Village) (Panchayat)

(Grade pay Rs. 4200/- )

Food Safety Commissioner

Food Analyst

( Grade Pay Rs. 5400/- )

Staff assignment

Chief Food Analyst

( Grade Pay Rs. 6600/-)

Staff assignment

Joint Director ( Grade Pay Rs. 7600/- )

Chief Food Analyst

AGENDA No. 4

Code of Self Regulation in Food Advertisement

FSSAI has prepared a concept note on code of self-regulation in food advertisement for the Food

Business Operators and advertisers to take note and bring in precautionary and corrective measures in

the context of misleading claims and food advertisements. The concept note emphasises on promotion

of high standards of business ethics to ensure responsible commercial communication of food and

beverage products and scientific substantiation of information about health claims of food products.

The proposed code of self regulation is aimed to bring about self-discipline amongst the Food Business

Operators.

Communications and advertisements related to food and beverages can have a significant

impact on the lives of the public in general and their physical and material well being in particular. In

the food sector extremely large number of products gets advertised through all means of publicity

including electronic, print, broadcast media. The numbers of food advertisements are expected to

grow multi-fold with the increase in food processing level from 9% at present. Therefore, a self

regulation at industry level is envisaged to bring in requisite self discipline with the objective to -

a) Promote high standards of business ethics to ensure that commercial communications to consumers

are responsible.

b) Provide honest and truthful information about food and beverage products.

Salient features of code of self regulation in food advertisement:

• promote high standards of business ethics to ensure that commercial communications to consumers

are responsible

• provide honest and truthful information about food and beverage products

• Advertising and communication for food and beverages should not be misleading or deceptive

• Advertising and/or marketing communications for food and/or food & beverage products that include

what an average consumer, acting reasonably, might interpret as health or nutrition claims

• Advertisements should not disparage good dietary practice or the selection of options, such as fresh

fruit and vegetables

• Advertisements should not encourage excessive consumption or inappropriately large portions of any

particular food.

• Care should be taken to ensure advertisements do not mislead as to the nutritive value of any food.

Foods high in sugar, fat, TFA and/or salt should not be portrayed in any way that suggests they are

beneficial to health.

• The nature of the audience should be taken into account particularly when selling products in rural

areas, to urban poor or to children

• Advertisements should not mislead consumers especially children to believe that consumption of

product advertised will result directly in personal changes in intelligence, physical ability or exceptional

recognition

• Advertisements containing nutrient, nutrition or health claims and advertisements directed at children

should observe a high standard of social responsibility

• Advertisements for food and beverages should not claim or imply endorsement by any government

agency, professional body, independent agency or individual in particular profession

• Celebrities or prominent people who promote food should recognize their responsibility towards

society

• Advertisements should not undermine the role of parental care and guidance in ensuring proper food

choices are made by Children

• Advertisers and communicators must recognize their social and professional responsibility towards

promoting a healthy lifestyle and strive to achieve high standards of public health

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AGENDA No. 5

FIXATION OF NORMS FOR TRANS-FATS

The issue of laying down the limits of Trans-fatty-acids in Vanaspati was considered in the Third

meeting of the Food Authority held on 26th

November, 2009 where it was recommended to fix a limit of

not more than 10 percent trans-fatty acids in partially hydrogenated vegetable oils. The extracts of the

minutes are as under:-

“Trans Fatty Acids (TFAs) are primarily associated with Vanaspati which is a significant

component of Indian diet and their links with diabetes and Cardiovascular diseases (CVDs) is well

established. Keeping in view the risks involved, the proposal involves fixation of norms for Trans fat

in the country. The authority considered the proposal in the light of Indian as well as global scenario,

research studies and Risk Assessment report of NIN, Hyderabad. If approved the draft notification

fixing 10% as the maximum limits for Trans fatty acids in partially hydrogenated vegetable oils sold

to consumers or for use as ingredient for preparation of food, for consultation. The representative

from Industry suggested that further detailed studies ion Dietary Profile, Risk Assessment related to

transfer in India context and issue of melting point need to be taken before arriving at any final

decision in the matter. It was suggested that Authority may also commission survey / studies on the

TFA component of Indian diets, technological options available for reduction of TFA and capacity

building and communication strategies required to create awareness among consumers,. A national

consultation may also be organized to obtain feedback from consumers and industry and the

scientific community for implementation of the regulation.”

In view of above it National Institute of Nutrition Hyderabad has been requested to organise a

national consultation on the above recommendations so that feedback is obtained from the industry,

consumers, scientist and other stakeholders.

If approved, draft regulation for laying down the limit of not more than 10 percent Trans fatty

acids in partially hydrogenated vegetable oil (vanaspati) may be included in the Food Safety and

Standards Authority of India. Draft regulation on food standards pertaining to vanaspati specification.

The committee may consider.

Agenda No 6

Implementation of Codex Programmes

The Codex Alimentarius Commission is a joint body of FAO and WHO to develop

international food standards, guidelines, and other recommendations to protect health of consumers,

and provide assurance of fair practices in food trade.

The World Trade Organizations, in its Sanitary and Phytosanitary Agreement, recognizes the

standards elaborated by the Codex Alimentarius Commission as the global reference standards for

consumers, food producers, processors, national food control agencies and all others involved in

international food trade.

The Ministry of Health and Family Welfare has the primary responsibility for determination

of government policy relating to food standards and enforcement of food control including national

position on various issues relating to Codex.

Ministry of Health & Family Welfare have transferred the functions relating to developing

national position regarding various Codex agenda items to the Food Authority. The Food Authority

shall be the National Codex Contact Point (NCCP) for maintaining contact with the CAC, exchange

of information, responding to queries, participation in meetings etc.

The Food Authority shall establish the National Codex Committee (NCC) and various

Shadow Committees of the NCC for reviewing the agenda of the CAC and its subsidiary committees

and finalizing India’s comments on the various agenda items before they are sent to government for

approval.

The Food Authority will call the meeting of the Chairperson of various Shadow

Committees of the Codex Committee to carrying out a review of the critical agenda items and

meetings which need to be focussed in the best interests of the country and discuss the strategy for

participation in codex meetings and preparation of response to codex matters. The Food Authority

has already approved the procedures for draft guidelines for participation in codex meetings and

preparation of response to codex matters & guidelines for Codex Contact Point National Codex

Committee and National Shadow Committees.

Agenda No. 7

CAPACITY BUILDING DEVELOPMENT FROGRAMMES FOR FOOD SAFETY

REGULATORS

The Food Safety and Standards Authority of India has taken up the work of enabling the States to

take up the transition to new food law. The existing PFA staffs is focussed on sampling and

prosecution and may not be equipped to carry out the much wider range of responsibilities envisaged

under the new act. Similarly the nominated food safety personals like State Food Commissioners,

Designated officers, Adjudicating officers and Food safety Officers has to acquire requisite

knowledge for enforcement of the provisions of new food law which includes food safety

management, food safety communication, capacity building, working with industry, consumers etc.,

to put in place food safety systems, following up food incidents, food safety surveillance etc. in view

of above, FSSAI has devised following interim induction programmes modules to be taken up as an

initial exercise.

I. STATE FOOD COMMISSIONER:

The Food safety Commissioner being the head of the food safety enforcement in the State would

require a specific knowledge base for properly regulating the functioning of the food safety

personals.

Training module for the Food Safety Commissioners –

A three days orientation programme will be conducted for the Food Safety Commissioners. The

programme will be organized in the FSSAI HQ. The faculties for the training programme will be the

eminent experts/ scientists from the academic institutions and industry.

II. FOOD SAFETY OFFICERS (FSO)

As per the proposed regulations under the FSS Act, 2006, The food safety officers have to play a

cutting edge role to ensure food safety. Initially, the existing food Inspectors have to shoulder the

responsibilities of Food Safety officers to discharge the duties as per new regulations. FSOs required

to conduct regular inspections, guidance to FBOs, sampling, prosecution etc. and also expected to be

well acquainted with wide spectrum of standards and new concepts developed in various regulatory

mechanisms under the FSS Act 2006.

Training module for the Food safety officers-

To impart the training to existing FSOs, the module of ToT has been designed to develop the

capacity building programme for FSOs.

Two level training programme to be executed for the FSOs.

1st Level – 4 to 5 Food Safety officers from each State to be nominated by the State to attend the

Training of Trainers (ToT) programme. In each batch 20-30 participants to be invited. The ToT

programme will be organized at North (Delhi) as separate ToT programme for UP, West (Mumbai),

South (Chennai) and East (Kolkata). All the five ToT programmes will be organized by the FSSAI.

FSSAI will conduct a 5 days training programme for the trainers. Training material will be provided

by FSSAI. Expert faculties will be identified for the ToT from the place of training itself or if needed

some of the faculties will be invited from other places.

2nd

Level – The trained FSOs would conduct the training programmes for the FSOs of their

respective State. Training arrangements and the logistic support would be provided by the respective

State Govt. Such programmes would be conducted based on the subjects/course module provided and

executed in ToT by FSSAI.

III. DESIGNATED OFFICERS (DO)

As per the proposed regulations under the FSS Act, 2006, The functions to be performed by the

Designated Officers which includes issuing and cancellation of licence of food business operators as

the licensing authority, to prohibit the sale of any article of food which are not as per prescribed

standards, to receive reports and samples of article of foods from food safety officer, to make

recommendations to Commissioner of food Safety to launch prosecutions in case of contravention of

provisions of FSS Act and such other duties entrusted to him by the Commissioner of Food Safety. In

view of above, Designated officer is expected to be well acquainted with wide spectrum of standards

and new concepts developed in regulatory provisions, enforcement mechanisms under the FSS Act

2006.

Training module for the Designated Officer (DO)-

To impart the training to nominated DO, the module of ToT has been designed to develop the

capacity building programme for DOs.

Two level training programme to be executed for the DOs.

1st Level – 4 to 5 officers from each State to be nominated by the State to attend the Training of

Trainers (ToT) programme. In each batch 20-30 participants will be invited. The ToT programme

will be organized at North (Delhi) as separate ToT programme for UP, West (Mumbai), South

(Chennai) and East (Kolkata). All the five ToT programmes will be organized by the FSSAI. FSSAI

will conduct a 5 days training programme for the trainers. Training material would be provided by

FSSAI. Expert faculties will be identified for the ToT from the place of training itself or if needed

some of the faculties will be invited from other places.

2nd

Level – The trained officers would conduct the training programmes for the DOs of their

respective State. Training arrangements and the logistic support would be provided by the respective

State Govt. Such programmes would be conducted based on the subjects/course module provided and

executed in ToT by FSSAI.

Action to be taken by the State Food Safety Commissioners –

1. Attend the three days Orientation programme at HQ, FSSAI, New Delhi. (Date will be

informed)

2. Nominate 4-5 Food Safety Officers for the Training of Trainers (ToT) programme of food

safety officers.

3. Nominate 4- 5 Designated officers for the Training of Trainers (ToT) programme of Designated

officers.

4. Conduct training programmes for the Food Safety officers and Designated officers in State

with the help of above trained officers.

5. Provide logistic support for the training programmes and State Administrative Training

Institutes to be identified as a venue to conduct above training programmes.

CAC may consider the proposal.

Agenda No.8

Infrastructure/ facilities for training food safety personnel on regular basis.

As discussed in previous agenda, all the States should develop permanent infrastructure

facilities to conduct regular training programmes of food safety personnel.

CAC may consider the proposal.

Agenda No 9

State Governments are requested to furnish present status report.

AGENDA NO. 10

VIGOROUS IMPLEMENTATION OF FOOD SAFETY LAWS:

The Prevention of Food Adulteration Act, 1954 and Rules, 1955 and now the FSSA Act,2006

were enacted to prevent adulteration in food stuffs and to save consumers from fraud and deception.

The standards of various food articles have been prescribed in the PFA Rules, 1955. The

implementation of PFA Act and Rules entrusted to Food (Health) Authorities of States/U.Ts. The

Central Government monitor the activities of States by collecting periodical reports on working of

food laws and also advise the States/U.Ts. on matters relating to implementation of food laws. There

have been reports in media about production and sale of spurious food stuffs. The Ministry of Health

and Family Welfare requested all the States/U.Ts. to undertake through review of implementation of

the Act in their State and advise their enforcement staff to be more vigilant and identify the possible

elements indulging in the unwanted practise and take strict action against such unscrupulous elements.

The State Govt. expected to take other measures like consumer awareness programme,

exhibitions and training programmes and also have periodical survey of various novel products in the

market to detect adulteration and cheating etc. The enforcement staff may also be requested to check

the random samples of different food articles from different sources viz manufacturers, wholesalers

and retailers and take appropriate action in case of violation of the rules. This is also a need to keep a

strict vigil on the food articles sold during festival season, melas and near schools etc.

The State Govt. representative may like to brief the CAC of action taken with regard to

ensuring food safety.

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Agenda Item No. – 11& 12

Status of Food Testing Laboratories of states/ UTs. and availability of

qualified food analyst & technical personnel.

Section 43 of Food Safety and Standards Act, 2006 relating to accreditation of

food testing laboratories has been notified in the Official Gazette vide S.O. 1868 (E)

dated 31st July 2009. It requires that every food testing laboratories and research

institutions should be accredited by National Accreditation Board for testing and

Calibration Laboratories or any other accreditation agency for the purpose of carrying

out analysis of samples by the Food Analysts under this Act.

2. There are 72 food testing laboratories of the States/UTs. and local bodies

working under Prevention of Food Adulteration Act.1954. In addition there are four

Central food laboratories are working under PFA Act. The local area of these four

Central Food Laboratories has been specified under sub- rules (2) of rule 3 of the PFA

Rules 1955. A list of food Laboratories and number of technical personnel working in

the food testing laboratories in States/ Uts. are given at Annexure-I

3. The Ministry of Health and Family Welfare, Government of India has

provided the funds under Capacity Building Project to the State Government of

Tamilnadu, Kerala, Gujarat, Madhya Pradesh and Karnataka for getting accreditation

of the food testing laboratories. As per information available, state food laboratory

Baroda, Government of Gujarat has been accredited only. In addition many other State

laboratories have been provided with testing equipments. There is need to proper up-

gradation plan by each State to equip the State laboratories with adequate testing

facilities and manpower to meet the requirements of the law.

4. Food Authority has already initiated the action and assigned the work to

Quality Council of India to conduct the gap analysis of State food laboratories.

Initially Food Authority has identified 37 State food laboratories across the country

and sent a questionnaire format on 24.042009 to these labs to furnish the requisite

information to QCI and also reminded frequently to furnish the information so that

QCI will be able conduct the audit of these labs and submit the gap analysis report for

up-gradation of food labs. Questionnaire is still awaited from following laboratories.

Sr. No Name and Address of the Laboratory State

1 Senior Scientific officer, and Public Analyst,

Regional Public Health Laboratory Government

Hospitals Complex, Vishakhapatnam - 530017

Andhra Pradesh

2 Deputy Director - cum, Public Analyst,

Combined Food & Drugs Laboratory, Agamkuan,

Patna - 800 00

Bihar

3 Public Analyst, State Food Testing Laboratory,

Singh Nursing Home Compound Jhulalal Dham

Road, Kotora Talab, Raipur - 492001

Chhatisgarh

4 Public Analyst Combined Food & Drugs

Laboratory Food & drugs Administration Panaji

Goa - 703 001

Goa

5 Public Analyst, Food Laboratory, Jammu, Canal

Road, Jammu - Tawi (J & K)

Jammu & Kashmir

6 Public Analyst, State Food & Drug Laboratory,

Namkum, Ranchi (Jharkhand)

Jharkhand

7 Incharge State Public Health Laboratory, Alandi

Road, Survey no. 94/A Infront of Vishrat Wadai

Police Station Pune - 411 006

Maharashtra

8 Public Analyst Regional Public Health Laboratory

Near Mental Hospital, Opposite NADT Chhindwak

Road Nagpur - 440 022

Maharashtra

9 Public Analyst Office of the Senior Scientific

Officer, Public health laboratory, Konkan Bhawan,

6th Floor New bombay - 400 614

Maharashtra

10 Public Analyst, State Public Health Laboratory

(Food Laboratory) Kohima (Nagaland)

Nagaland

11 Public Analyst Food Analysis Laboratory

Corporation Poor Home Compound

Madurai - 625 020

Tamilnadu

12 Public Analyst District Public health Laboratory

Murshidabad, CMO Office Campus

P.O. Berhampur Murshidabad (W. B.)

West Bengal

Committee may please see.

ANNEXURE-I

NUMBER OF PERSONNEL WORKING IN FOOD TESTING

LABORATORIES IN STATE/ UTS.

Sl. No. Name of State/ Uts

Number of

Laboratory

Number Personnel

Working

(1) (2) (3) (4)

1. Andhra Pradesh 1 45

2. Arunachal Pradesh ___ _

3. Assam 1 66

4. Bihar 1 12

5. Jharkhand 1 5

6. Chattisgarh, 1 7

7. Gujarat 6 107

8. Goa 1 17

9. Haryana 2 59

10. Himachal Pradesh 1 75

11. Jammu & Kashmir 2 20

12. Karnataka 5 38

13. Kerala 3 96

14. Madhya Pradesh 3 47

15. Maharashtra 17 346

16. Manipur, 2 12

17. Meghalaya 1 4

18. Mizoram __ _

19. Nagaland 1 14

20. Orissa 1 21

21. Punjab 3 51

22. Rajasthan 5 66

23. Sikkim __ _

24. Tamil Nadu 6 117

25. Tripura 1 17

26. Uttaranchal __ _

27. Uttar Pradesh 5 71

28. West Bengal 1 20

29. Andaman & Nicobar 1 2

30. Dadra & Nagar Haveli _ _

Sl. No. Name of State/ Uts

Number of

Laboratory

Number Personnel

Working

31. Delhi 1 17

32. Lakshadweep

33. Puducherry 1 52

34. Daman 1 2

35. Chandigarh U.T.

Agenda no. 13-

Progress of making Rules by State Governments as per Section 94 of the FSS Act,2006.

Section 94 of the FSS Act,2006 provides for power of State Government to make rules on

certain matters ,after previous publication and with previous approval of the Food Authority, by

notification in the Official Gazette to carry out the functions and duties assigned to the State

Government and the State Commissioner of Food Safety under the FSS Act and the rules and

regulations made there under. The powers of the State Government under this Section read with

Section 30(2) of the Act are very limited and may be utilised by the State Governments only when the

Commissioners in all States are appointed and the Rules/Regulations under the FSSA, 2006 are come

into force.

The committee may please see

*********

Agenda 14

List of Pending Parliament Assurances

The information for fulfilment of the pending Assurance of the following Parliament Questions are still awaited from the States/U.Ts. inspite of

repeated reminders. The concerned State/U.T. is requested to kindly make available the required information to this Authority urgently for fulfilment

of the pending Assurances at the earliest-

S.No. Question No. & Date Subject of the

Questions

Reference made to the

State/U.T. Govts.

Information awaited from

Lok Sabha :

1. L.S.Q. No. 664 for 08.07.2009 Adulteration in food

items

No.H.11016/7/09-PFA/FSSAI

dated 08.10.2009

A.P., Arunachal Pradesh, Bihar, Gujrat, Haryana,

Jharkhand, M.P., Manipur, Punjab, Orissa,

Rajsthan, Sikkim, Tamilnadu, U.P., Andaman &

Nicobar, Delhi, Puduchery and Daman

2. L.S.Q. No.365 for 20.11.2009 Adulterated food items H.11016/30/09-PFA/FSSAI

dated 16.11.2009

A.P., Arunachal Pradesh, Bihar, Chhatisgarh,

Gujrat, Goa,Haryana,H.P., Jharkhand, J&K,

Kerala, M.P., Manipur, Meghalaya, Mizoram,

Punjab, Orissa, Rajsthan, Sikkim, Tamilnadu,

Tripura, U.P., Andaman & Nicobar, Delhi,

Lakshadweep, Puduchery and Daman

Rajya Sabha :

1. R.S.Q. No. 1400 for 24.08.2007

by Sh. Harish Rawat and Sh.

Santosh Bagrodia

Adulteration of

vegetables with

hazardous materials

H.11017/39/07-PFA/FSSAI

dated 24.01.2008

Orissa, Daman and Diu

2. R.S.Q. No.181 for 03.07.2009 by

Shri Balavant Alias Bal Apte &

Shri Prabha Jha

Use of Mobil oil to

enhance size and shining

of pulses

H.11017/2A/09-PFA/FSSAI

dated 25.11.2209

All States and UTs.

3. R.S.Q. No. 2324 for 24.07.2009

by Sh. Varinder Singh Bajwa

Adulteration of desi

ghee, milk and edible oils

H.11017/24/09-PFA/FSSAI

dated 20.07.2009

Uttar Pradesh

AGENDA NO. 15 –

ANNUAL REPORT ON THE WORKING OF PFA ACT / RULES IN THE STATES:-

Annual Report on the working of the PFA Act, 1954 is being compiled by PFA Division in the

Ministry of Health and Family Welfare and now transferred to FSSAI in pursuance of Section 90 of

Food Safety and Standards Act, 2006. The report is compiled on the basis of the information

received from the various Food (Health) Authorities of the States/U.Ts. This information is to be

sent in the prescribed proforma issued by this Division which require information pertaining to

number of samples drawn, examined, found adulterated, percentage of adulteration, number of

prosecution launch and number of cases convicted/acquitted and fine raised etc. .

The Annual Report on the working of the PFA Act, 1954 for the Calendar Year 2005 has not been

received till date from the State of Rajasthan.

The Annual Report on the working of the PFA Act, 1954 for the Calendar Year 2006 has not been

received till date from the State/U.T of Rajasthan and Lakshadweep.

The following States/U.Ts have not sent the information on Annual Report on the working of the

PFA Act, 1954 for the Calendar year 2007:-

Rajasthan, Tamilnadu, Uttar Pradesh and Lakshadweep

Reminders were sent to the above mentioned States/U.Ts on 25th

June, 2008; 1st

September,

2008; 8th

October, 2008; 19th

November, 2008; 12th

December, 2008; 14th

January, 2009; 12th

May, 2009; 3rd

August, 2009 and 25th

November, 2009.

The following States/U.Ts have not sent the information on Annual Report on the working of the

PFA Act, 1954 for the Calendar year 2008:-

Andhra Pradesh, Chattisgarh, Jharkhand, Jammu & Kashmir, Madhya Pradesh, Mizoram,

Punjab, Orissa, Rajasthan, Sikkim, Tamilnadu, Tripura, Uttar Pradesh, Uttaranchal, Andaman &

Nicobar Islands, Delhi, Lakshadweep, Puducherry, Dadra & Nagar Haveli.

Letter has been sent on 26 May, 2009 to the above mentioned States/U.Ts to send their Annual

Report on the working of the PFA Act, 1954 for the calendar year 2008 in the prescribed

proforma. Reminders were sent to the above mentioned States/U.Ts on 17th

August, 2009 and

25th

November, 2009.

It is felt that the information related to working of the PFA Act, 1954 is not received well in time

despite the repeated reminders sent to them as mentioned above. There is a need to have

updated information from the States/U.T.s which is necessary in case of various Parliament

Questions and other connected matters. The proforma for sending the required information for

Annual Report is enclosed.

CAC may consider.

INFORMATION REGARDING THE WORKING OF PREVENTION OF FOOD

ADULTERATION ACT, 1954 IN THE COUNTRY FOR THE YEAR……………

(COMMODITY WISE)

S.N.

SOURCE BEVERAGES

ALCOHOLIC/NON-ALCOHOLIC

SPICES AND CONDIMENTS

SWEETENING AGENTS

(E) (A) (%) (E) (A) (%) (E) (A) (%)

1. ANDHRA PRADESH

2. ARUNACHAL PRADESH

3. ASSAM

4. BIHAR

5. GOA

6. GUJARAT

7. HARYANA

8. HIMACHAL PRADESH

9. JAMMU & KASHMIR

10. KARNATAKA

11. KERALA

12. MADHYA PRADESH

13. MAHARASHTRA

14. MANIPUR

15. MEGHALAYA

16. MIZORAM

S.No SOURCE BEVERAGES

ALCOHOLIC/NON-ALCOHOLIC

SPICES AND CONDIMENTS

SWEETENING AGENTS

(E) (A) (%) (E) (A) (%) (E) (A) (%)

17. NAGALAND

18. ORISSA

19. PUNJAB

20. RAJASTHAN

21. SIKKIM

22. TAMIL NADU

23. TRIPURA

24. UTTAR PRADESH

25. WEST BENGAL

26. A & N ISLAND

27. CHANDIGARH

28. DADRA & NAGAR HAVELI

29. DAMAN & DIU

30. DELHI

31. LAKSHADWEEP

32. PONDICHERRY

33. CHATTISGARH

34. JHARKHAND

35. UTTRANCHAL

TOTAL

S.

No.

SOURCE

TEA, COFFEE, COCOA AND CHICORY

MILK

BUTTER, GHEE, ICE CREAM AND

MILK PRODUCTS

(E) (A) (%) (E) (A) (%) (E) (A) (%)

1. ANDHRA PRADESH


3. ASSAM

4. BIHAR

5. GOA

6. GUJARAT

7. HARYANA

8. HIMACHAL PRADESH

9. JAMMU & KASHMIR

10. KARNATAKA

11. KERALA

12. MADHYA PRADESH

13. MAHARASHTRA

14. MANIPUR

15. MEGHALAYA

16. MIZORAM

S.

No.

SOURCE TEA, COFFEE, COCOA AND CHICORY

MILK

BUTTER, GHEE, ICE CREAM AND

MILK PRODUCTS

(E) (A) (%) (E) (A) (%) (E) (A) (%)

17. NAGALAND

18. ORISSA

19. PUNJAB

20. RAJASTHAN

21. SIKKIM

22. TAMIL NADU

23. TRIPURA

24. UTTAR PRADESH

25. WEST BENGAL

26. A & N ISLAND

27. CHANDIGARH


29. DAMAN & DIU

30. DELHI

31. LAKSHADWEEP

32. PONDICHERRY

33. CHATTISGARH

34. JHARKHAND

35. UTTRANCHAL

TOTAL

S.

No.

SOURCE

EDIBLE OILS, FATS AND VANASPATI

CEREALS, CEREAL PRODUCTS AND

PULSES

FRUIT PRODUCTS

(E) (A) (%) (E) (A) (%) (E) (A) (%)

1. ANDHRA PRADESH


3. ASSAM

4. BIHAR

5. GOA

6. GUJARAT

7. HARYANA*

8. HIMACHAL PRADESH

9. JAMMU & KASHMIR

10. KARNATAKA

11. KERALA

12. MADHYA PRADESH

13. MAHARASHTRA

14. MANIPUR

15. MEGHALAYA

16. MIZORAM

S.

No.

SOURCE EDIBLE OILS, FATS AND VANASPATI CEREALS, CEREAL PRODUCTS AND

PULSES

FRUIT PRODUCTS

(E) (A) (%) (E) (A) (%) (E) (A) (%)

17. NAGALAND

18. ORISSA

19. PUNJAB

20. RAJASTHAN

21. SIKKIM

22. TAMIL NADU

23. TRIPURA

24. UTTAR PRADESH

25. WEST BENGAL

26. A & N ISLAND

27. CHANDIGARH


29. DAMAN & DIU

30. DELHI

31. LAKSHADWEEP

32. PONDICHERRY

33. CHATTISGARH

34. JHARKHAND

35. UTTRANCHAL

TOTAL

S.

No.

SOURCE

INFANT FOOD

OTHER MISC. FOOD PRODUCTS

TOTAL

(E) (A) (%) (E) (A) (%) (E) (A) (%)

1. ANDHRA PRADESH


3. ASSAM

4. BIHAR

5. GOA

6. GUJARAT

7. HARYANA

8. HIMACHAL PRADESH

29. JAMMU & KASHMIR

10. KARNATAKA

11. KERALA

12. MADHYA PRADESH

13. MAHARASHTRA

14. MANIPUR

15. MEGHALAYA

16. MIZORAM

S.

No.

SOURCE INFANT FOOD OTHER MISC. FOOD PRODUCTS

TOTAL

(E) (A) (%) (E) (A) (%) (E) (A) (%)

17. NAGALAND

18. ORISSA

19. PUNJAB

20. RAJASTHAN

21. SIKKIM

22. TAMIL NADU

23. TRIPURA

24. UTTAR PRADESH

25. WEST BENGAL

26. A & N ISLAND

27. CHANDIGARH


29. DAMAN & DIU

30. DELHI

31. LAKSHADWEEP

32. PONDICHERRY

33. CHATTISGARH

34. JHARKHAND

35. UTTRANCHAL

TOTAL

INDICATIONS:

(E) : Number of Samples Examined

(A) : Number of Samples Found Adulterated

(%) : Percentage of Samples Found Adulterated

(NA) : Information Made not Available by the State / U.T Authorities inspite of repeated reminders.

ANNEXURE – I

INFORMATION REGARDING THE WORKING OF PREVENTION OF FOOD ADULTERATION ACT, 1954

IN THE COUNTRY FOR THE YEAR …………..

S.

NO

SOURCE

NO. OF SAMPLES

DRAWN

NO. OF SAMPLES

EXAMINED

NO. OF SAMPLES FOUND

ADULTERATED

MWR MW R T MWR MW R T MWR MW R T

1. ANDHRA PRADESH


3. ASSAM

4. BIHAR

5. GOA

6. GUJARAT

7. HARYANA*

8. HIMACHAL PRADESH

9. JAMMU & KASHMIR

10. KARNATAKA

11. KERALA

12. MADHYA PRADESH

13. MAHARASHTRA

14. MANIPUR

15. MEGHALAYA

16. MIZORAM

S.

No.

SOURCE

NO. OF SAMPLES DRAWN NO. OF SAMPLES EXAMINED NO. OF SAMPLES FOUND ADULTERATED

MWR MW R T MWR MW R T MWR MW R T

17. NAGALAND

18. ORISSA

19. PUNJAB

20. RAJASTHAN

21. SIKKIM

22. TAMIL NADU

23. TRIPURA

24. UTTAR PRADESH

25. WEST BENGAL

26. A & N ISLAND

27. CHANDIGARH


29. DAMAN & DIU

30. DELHI

31. LAKSHADWEEP

32. PONDICHERRY

33. CHATTISGARH

34. JHARKHAND

35. UTTRANCHAL

TOTAL

S.

No.

SOURCE

Percentage of

Adulteration

No.of samples

Examined by IInd

P.A

No. of Prosecutions launched No. of Cases

decided by

Court

No. of Cases

Convicted

MWR MW R T

1. ANDHRA PRADESH


3. ASSAM

4. BIHAR

5. GOA

6. GUJARAT

7. HARYANA

8. HIMACHAL PRADESH

9. JAMMU & KASHMIR

10. KARNATAKA

11. KERALA

12. MADHYA PRADESH

13. MAHARASHTRA

14. MANIPUR

15. MEGHALAYA

16. MIZORAM

S.

No.

SOURCE

Percentage of

Adulteration

No.of samples

Examined by

IInd P.A

No. of Prosecutions launched No. of Cases

decided by

Courts

No. of Cases

Convicted

MWR MW R T

17. NAGALAND

18. ORISSA

19. PUNJAB

20. RAJASTHAN

21. SIKKIM

22. TAMIL NADU

23. TRIPURA

24. UTTAR PRADESH

25. WEST BENGAL

26 A & N ISLAND

27. CHANDIGARH


29. DAMAN & DIU

30. DELHI

31. LAKSHADWEEP

32. PONDICHERRY

33. CHATTISGARH

34. JHARKHAND

35. UTTRANCHAL

TOTAL

S.

No.

SOURCE

No. of Cases

Acquitted/

discharged

Pending with courts

on 31.12.2009

Pending on 31.12.2009

for more than 3 years

Fine Realised (in Rs.)

1. ANDHRA PRADESH


3. ASSAM

4. BIHAR

5. GOA

6. GUJARAT

7. HARYANA

8. HIMACHAL PRADESH

9. JAMMU & KASHMIR

10. KARNATAKA

11. KERALA

12. MADHYA PRADESH

13. MAHARASHTRA

14. MANIPUR

15. MEGHALAYA

16. MIZORAM

S.

No.

SOURCE

No. of Cases

Cases/Acquitted discharged pending with courts on 31.12.09 pending on 31.12.09 or

more than 3 years

Fine Realised (in Rs.)

17. NAGALAND

18. ORISSA

19. PUNJAB

20. RAJASTHAN

21. SIKKIM

22. TAMIL NADU

23. TRIPURA

24. UTTAR PRADESH

25. WEST BENGAL

26. A & N ISLAND

27. CHANDIGARH


29. DAMAN & DIU

30. DELHI

31. LAKSHADWEEP

32. PONDICHERRY

33. CHATTISGARH

34. JHARKHAND

35. UTTRANCHAL

TOTAL

INDICATIONS:

MWR - Manufacturers / Whole Seller & Retailers

MW - Manufacturers / Whole Seller

R - Retailers

NA - Information not made Available by the State / U.T. Authorities inspite of repeated reminders

AGENDA No.- 16

NOTIFICATION OF FOOD POISONING UNDER SECTION 15 OF PFA ACT

Section 15 of Prevention of Food Adulteration Act, 1954- specifies that “The Central

Government or the State Government may, by notification in the Official Gazette, require

medical practioners carrying on their profession in any local area specified in the notification to

report all occurrences of food poisoning coming within their cognizance to such officer as may be

specified in the notification”

All the food (Health) Authorities of States / UTs are therefore, required to notify the medical

practioners carrying on their profession in any local area specified in the notification who will

report occurrences of food poisoning coming within their cognizance to such officer of the State

Govt. specified in the notification.

To monitor the occurrence of food poisoning cases in the country, it is the responsibility of

the State/UT Govts. to inform the same to the PFA Division, Ministry of Health & Family

Welfare, Central govt. now to the Food Safety and Standards Authority of India. The State/UT

Govt,. from time to time have been requested to inform the occurrence of food poisoning cases,

but the reports of food poisoning cases are received from the state of Gujarat & Maharashtra only.

CAC may consider.

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