Food Safety and Regulatory Framework

Dr B G PandianDr.B.G.PandianMarketing Officer

FSSAI,Chennai

Changing food products, processes, food habits andg g p , p ,life style

To regulate: manufacture, storage, distribution, saleand import of food

Globalization of food trade

To achieve level of protection of human life andhealth consumer’s interest and fair practice in allhealth, consumer s interest and fair practice in allkind of food trade.

2

Communicate general public the risks to health and g pmeasures taken to prevent, reduce or eliminate the risk

Determine food standards based on Risk analysis undertake Determine food standards based on Risk analysis, undertake risk assessment on available scientific evidence in objective, transparent manner.

Prevent:a. fraudulent, deceptive deceptive, unfair trade practices, and a. fraudulent, deceptive deceptive, unfair trade practices, and b. unsafe or contaminated or sub standard food

Notification of Food poisoning-Medical practitioners to report food poisoning CONTD…

Improvement noticesImprovement notices

Food Alerts

Prohibition orders including by courts- on use of process or treatment use of premises or equipment for any food treatment ,use of premises or equipment for any food business.

Use of Food additives or processing aid

N ll i i b h l h Naturally occurring toxic substances, heavy metals other contaminants

Pesticides veterinary drugs residues, antibiotic residue, microbiological counts

Packaging and Labelling of Food Items

Advertisements and unfair trade practices

Multiplicity of food laws, standard setting andenforcement agencies for different sectors of foodVaried Quality/Safety standards restrictinginnovation in food productsinnovation in food productsThin spread of manpower, poor laboratoriesinfrastructure and other resources non-conduciveinfrastructure and other resources non conduciveto effective fixation of standardsStandards rigid and non-responsive to scientificadvancements and modernizationPoor Information dissemination to consumer level

6

SALIENT FEATURES OF FOOD SAFETY ANDSALIENT FEATURES OF FOOD SAFETY AND STANDARDS ACT, 2006

FOOD PROCESSING

FoodFood Processing

Vegetable Oil Products

(Control) Order,

Edible Oils Packaging

(Regulation)

Meat Food Products Order,

1973

(Control) Order, 1947

(Regulation) Order, 1998

Solvent Extracted Oil, Deoilded

Meal, and Edible Flour (Control)

Order, 1967

Fruit Products Order, 1955

Milk and Milk Products Order,

1992

Food

Order, 1955 1992

Food Safety and Standards Act 2006

Prevention of Food

Adulteration Act, 1954

Any other order under Essential

Commodities Act, 1955 relating to

food

9

Act, 2006

CRITICAL SHIFT - I

PFA FSSA

Multiple Authorities

Ad lt ti

Single Authority

S f tAdulteration

Prescriptive Standards

Safety

Categorized Standards

Inspection/ Control Monitoring & Surveillance

Insufficient Enforcement Personnel

Full time district Officer, Food Safety Officers under FSC

Poor Lab Network Wide network of laboratories

10

CRITICAL SHIFT- II

Defined roles of Food Business Operator, Regulatori l di F d A th it f I diincluding Food Authority of India

Compounding of offences (except for whichi h ib d)punishment prescribed)

Adjudication process

Time limit for prosecutions (trial to start within 1year from the date of commission of offence)

Appellate Tribunals and special courts – includingsummary trials

NEW INITIATIVES

Implementation of the Act is a new activityTh t C it B ildi & T i i fThrust on Capacity Building & Training ofall StakeholdersEmphasis on Communication & Awarenesspto have informed choiceCentre of Excellence and Food safetyCCentersNational Food Science and Risk AssessmentLaboratoryLaboratoryNational Food Safety Training InstituteFood Laboratory in every district

d S f A i h hFood Safety Assistance at each Panchayat12

Comprehensive provisions -Offences and Penalties Comprehensive provisions Offences and Penalties

Punishments and Penalties under the New LawPenalty for selling food not of the nature or substance or quality demanded Penalty for selling food not of the nature or substance or quality demanded (Rs.25,000)Penalty for sub-standard food (may extend to Rs 5 lakh)Penalty for misbranded food (may extend to Rs.3 lakh )Penalty for misleading advertisement (may extend to Rs 10 lakh )Penalty for misleading advertisement (may extend to Rs. 10 lakh )Penalty for food containing extraneous matter may extend (may extend to Rs 1 lakh )Penalty for failure to comply with the directions of Food Safety Officer (Rs.2 lakh )lakh )Penalty for unhygienic or unsanitary processing or manufacturing of food (Rs 1 lakh )Penalty for possessing adulterant (Rs.2- 10 lakh )P lt f t ti f hi h ifi lt i id d (R 2 l khPenalty for contraventions for which no specific penalty is provided (Rs.2 lakh

Punishment prescribedPunishment prescribedPunishment for unsafe food (6 months – imprisonment for life) Fine, Rs. 1-10 lakhs.Punishment for interfering with sei ed items (up to 6 months Punishment for interfering with seized items (up to 6 months imprisonment) Fine,Rs. 2 lakhs.Punishment for false information (up to 3 months imprisonment) Fine, Rs 2 lakhsRs.2 lakhs.Punishment for obstructing or impersonating a Food Safety Officer (up to 3 months imprisonment) Fine, Rs. 1 lakhs.P i h f i b i i h li (6 h Punishment for carrying out a business without license (6 months imprisonment) Fine, Rs. 5 lakhs.Punishment for subsequent offences

Imported food articles brought under this act-Cent Govt to Imported food articles brought under this act-Cent.Govt to follow standards laid down by food authority while prohibiting, restricting or regulating import of food articles under Foreign Trade( Development & Regulation) Act( p g )

Liability of manufacturer, storage, distributor, seller and importer of food- u/s 27importer of food- u/s 27

Food recall- u/s 28-

Improvement notice- u/s

Prohibition orders – u/s 33

Old l ti N A t

No Lab Protocol

Old regulations New Arrangements

Laboratory protocols-Testings, Referal Labs

No Awareness

y p g ,

Awareness program PAN India

No compounding orAdjudication Specific Provisions

No separate department,Budget/Head of account

Commissioner Food Safety, Designated Officer, Food safety Officer, FSSAI, Large provision kept for centre/states

No FSMS

provision kept for centre/states

FSMS-directs, control an organisation w.r.t Food safety

F d f t ti l tFood safety as a national movementUniform food standardsFrom prosecution towards self compliance, risk based inspectionSupply chain safetyGraded penalties – quick disposal of casesLayered implementation – Centre, State, Municipality, PanchayatLayered implementation Centre, State, Municipality, PanchayatContinual improvement through training and capacity building Whole seller responsibility – expiry date, storage conditions, misbrandingmisbrandingSeller’s responsibility - unhygienic conditions, unsafe food

ADMINISTRATION AT CENTRAL ADMINISTRATION AT CENTRAL GOVERNMENT LEVEL

Authority of 22 members –Represented by 7 nodal MinistriesAgricultureAgricultureLawCommerce

ffConsumer affairsHealthMSMEFood processingFarmer association Trade bodiesTrade bodiesConsumer organisationRetailer’s organisationS b i 3 f i i i States-by rotation every 3 yrs from zones in seriatim.

Central Advisory Committee (CAC)-Select ministries, trade bodies and interest groups, Research bodies. Food labs, all g pCommissioner of food Safety, Chairperson of Scientific committee ex-officio member, CEO FSSAI- ex-officio Chairperson

One Scientific Committee and 8 Scientific Panels One Scientific Committee and 8 Scientific Panels: Food additives, flavourings, processing aids and materials in contact with food;Pesticides and antibiotics residues;Pesticides and antibiotics residues;Genetically modified organisms and foods;Functional foods, nutraceuticals, dietetic products and other similar products;similar products;Biological hazards;Contaminants in the food chain;Labelling; andLabelling; andMethod of sampling and analysis

CEO FSSAI, Commissioner of food safety for central licensing

National Codex Control Point (NCCP)- Shadow committee in select ministries

Central labs including referral labs

Separate Directors on Product Approval Quality Assurance (PAQA), Surveillance, Enforcement,Management services

Authorized offices at major ports including airports and ICDs

Regional offices- in all regions (major cities)Regional offices in all regions (major cities)

Ensures cooperation between Food Authority and p yEnforcement agencies and organisation operating in the field of food.Advises Food Authority about performance Advises Food Authority about performance of its duties

Draws proposal for Food authority’s work Draws proposal for Food authority s work program- w.r.t. prioritization of work program,Identify potential risks, Pooling of knowledge, Other functions as per regulations

ADMINISTRATIVE SETUP AT STATE ADMINISTRATIVE SETUP AT STATE GOVERNMENT LEVEL

Commissioner of Food SafetyEnforcement of act in the stateEnforcement of act in the stateConduct/ organize Training programmesSanction prosecution for Offences, punishable with imprisonment pSurveillance/ Survey of industrial unit engaged in Manufacture/ Processing of food in state.Will be nodal point for rewards scheme.

Designated OfficerIssue/ Cancel license to Food Business Operator/ pProhibit sale of food articles which contravene provision of FSS ActSanction prosecutions and cases of contravention punishable with fines Investigation, complaint, including or against Food Safety Officer

Food Safety OfficerTake sampleSeize articles of food which contravene the provision of actSafe custody of samples Inspection of Food Business Operator

Adjudicating Officer

Food Safety Appellate Tribunaly pp

Food Safety Compounding

l kRule making power to states

Special Courts

State/ District Food Labs and Food Analysts

PROGRESS OF IMPLEMENTATION OF ACT

Food Authority/ Central Advisory Committee, 8 ScientificPanels, and Scientific Committee establishedIntegration of Staff under sec. 90Gap analysis study of Food Testing Laboratories, 50 outof 72 labs are completedpImport regulation mechanism startedRules under FSS Act, 2006 NotifiedFSS Regulations notifiedgRegular interactions with State/ UTsAwareness Generation, Training of State regulators (morethan 400 personnel trained including trainers),than 400 personnel trained including trainers),More than 20 National consultations/ RegionalConferences including one International workshopconductedconductedFramework for accreditation of the Labs, FSMS, Food

safety Plan 26

CHALLENGES

Consumers demand improved quality, suitability,f t f f dsafety of food.

Effective enforcement action to check adulterationFood security linked to Food Safety- less wastage off dfoodWater shortage– Portability of water- Processing &Drinking

h i lif l d d dChanging life style and consumer demand , morethan 300 % increase in food processing (present 6%to reach 20% by 2015)Misleading claims and advertisements and poorawarenessFood safety Structure at StatesStrengthening of Lab infrastructure in the country.

27

THANK YOU