Food Safety and Standards Act, 2006

Food Safety and Standards Act, 2006

• Act No. 34 of 2006 consolidates food-related laws and establishes the Food Safety and Standards Authority of India.
• The Act intends to establish science-based standards for food articles, regulate manufacture, storage, distribution, sale, and import.
• It ensures the availability of safe and wholesome food for human consumption.
• Enacted by Parliament in the Fifty-seventh Year of the Republic of India.
• The Act extends to the whole of India.
• This Act is implemented on a date appointed by the Central Government via notification in the Official Gazette;.

Definitions

• "Adulterant" refers to any material that could make food unsafe, sub-standard, misbranded, or containing extraneous matter.
• "Advertisement" includes audio, visual publicity, representation, or pronouncement via various media, notices, and documents.
• "Chairperson" signifies the Chairperson of the Food Authority..
• "Claim" refers to any representation stating or implying particular qualities of a food in relation to origin, nutrition, nature, processing, or composition.
• "Commissioner of Food Safety" means the Commissioner of Food Safety appointed under section 30.
• "Consumer" includes individuals and families buying food to meet their needs.
• "Contaminant" is any substance present in food, due to production methods, manufacturing, packaging, or environmental contamination, excluding insect fragments or rodent hairs.
• "Designated Officer" refers to the officer appointed under section 36.
• "Extraneous matter" means matter contained in an article of food from raw materials, packaging materials or process systems used for its manufacturer but does not render the article of food unsafe.
• "Food" includes any processed, partially processed, or unprocessed substance for human consumption, including primary food, genetically modified or engineered food, infant food, packaged drinking water, alcoholic beverages, chewing gum, and water used in food processing, excluding animal feed, live animals (unless placed on the market for human consumption), plants prior to harvesting, drugs, cosmetics, or narcotic substances.
• The Central Government can declare other articles as food through notification.
• "Food additive" is any substance not normally consumed as a food itself but intentionally added for technological purposes, affecting the food's characteristics, but does not include contaminants or substances for nutritional qualities.
• "Food Analyst" means an analyst appointed under section 45.
• "Food Authority" refers to the Food Safety and Standards Authority of India established under section 4.
• "Food business" covers any undertaking involved in activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution, import, food services, catering, sale of food or food ingredients.
• "Food business operator" is the person by whom the business is carried on or owned and responsible for ensuring compliance with the Act, rules, and regulations.
• "Food laboratory" refers to any food laboratory or institute established by the Central or a State Government or any other agency and accredited by National Accreditation Board for Testing and Calibration Laboratories or an equivalent accreditation agency and recognised by the Food Authority under section 43.
• "Food safety" means assurance that food is acceptable for human consumption according to its intended use.
• "Food safety audit" is a systematic examination of food safety measures in manufacturing units to determine if they meet food safety objectives and claims.
• "Food Safety Management System" means the adoption Good Manufacturing Practices, Good Hygienic Practices, Hazard Analysis and Critical Control Point and such other practices as may be specified by regulation, for the food business.
• "Food Safety Officer" means an officer appointed under section 37.
• "Hazard" is any biological, chemical, or physical agent in food that can cause adverse health effects.
• "Import" means bringing any article of food into India by land, sea, or air.
• "Improvement notice" means a notice issued under section 32.
• "Infant food" and "infant milk substitute" derive their meanings from the Infant Milk Substitutes, Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution) Act, 1992.
• "Ingredient" is any substance, including food additives, used in the manufacture or preparation of food and present in the final product.
• "Label" refers to any written, printed, or graphic matter on a food package, including inserts.
• "Licence" means a licence granted under section 31.
• "Local area" is any area, urban or rural, notified by the Commissioner of Food Safety.
• "Manufacture" includes any process or treatment for converting ingredients into an article of food.
• "Manufacturer" is a person engaged in the business of manufacturing any article of food for sale.
• "Member" means Member of the Food Authority and includes the Chairperson;
• "Misbranded food" means an article of food with false, misleading, or deceptive claims on its label or through advertisement, or if sold under a name belonging to another food, or offered under a fictitious name
• "Notification" means a notification published in the Official Gazette;
• "Package" includes any container or wrapping in which food is packed.
• "Premises" include shops, stalls, hotels, restaurants, airline services, food canteens, and any place where food is sold, manufactured, or stored.
• "Prescribed" means prescribed by rules made by the Central Government or the State Government.
• "Primary food" means an agriculture, horticulture, animal husbandry, dairying, or aquaculture product in its natural form held by a farmer or fisherman.
• "Prohibition order" means an order issued under section 33.
• "Risk" is the probability of an adverse health effect from food and the severity of that effect.
• "Risk analysis" includes risk assessment, risk management, and risk communication.
• "Risk Assessment" is a scientifically based process of hazard identification, characterization, exposure assessment, and risk characterization.
• "Risk communication" means interactive exchange of information and opinions concerning risks and risk perceptions among assessors, managers, consumers, industry, academia, and other interested parties.
• "Risk management" is the process of evaluating policy alternatives for consumer health protection and fair trade practices, selecting appropriate prevention and control options, distinct from risk assessment
• "Sale" means the sale of any article of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for human consumption or use, or for analysis
• "Sample" means a sample of any article of food taken under the provisions of this Act.
• "Specified by regulations" means specified by regulations made by the Food Authority;
• "Standard" in relation to any article of food, means the standards notified by the Food Authority;
• "State Government" (in relation to a Union territory) means the Administrator appointed by the President under article 239 of the Constitution.
• "Substance" includes any natural or artificial matter in solid, liquid, or gaseous form.
• "Sub-standard" food fails to meet specified standards but is not unsafe.
• "Tribunal" means the Food Safety Appellate Tribunal established under section 70
• "Unsafe food" is an article of food whose nature, substance, or quality is so affected as to render it injurious to health.

Food Safety and Standards Authority of India; Establishment and Composition

• The Central Government establishes the Food Safety and Standards Authority of India via notification.
• The Food Authority is a corporate body with perpetual succession, a seal, and the power to acquire, hold, and dispose of property, and to contract and litigate.
• The head office of the Food Authority is in Delhi.
• Authority may establish offices elsewhere in India.
• The Food Authority consists of a Chairperson and twenty-two members, with one-third being women.
• Seven members are Joint Secretaries from various Central Government Ministries or Departments (Agriculture, Commerce, Consumer Affairs, Food Processing, Health, Legislative Affairs, Small Scale Industries) and are ex officio.
• Two representatives from the food industry, one from small-scale industries.
• Two representatives from consumer organizations.
• Three eminent food technologists or scientists.
• Five members appointed by rotation every three years from the Zones specified in the First Schedule.
• Two persons representing farmers' organizations.
• One person representing retailers' organizations.
• The Chairperson and other Members are appointed to ensure competence, expertise, and geographic representation.
• The Chairperson is appointed by the Central Government from eminent individuals in food science or administration.

Selection and Term of the Food Authority

• A Selection Committee is responsible for selecting the Chairperson and non-ex officio Members of the Food Authority
• The Selection Committee comprises the Cabinet Secretary (Chairperson), Secretary-in-charge of the Ministry administering the Act (convener), Secretaries from Health, Legislative, and Personnel Departments, Chairman of the Public Enterprises Selection Board, and an eminent food technologist.
• The Central Government nominates a Director or Head of a national research or technical institution for the food technologist position.
• The Central Government must initiate the selection process for vacancies within two months of their occurrence.
• The Selection Committee finalizes selections within two months of the reference.
• The Committee recommends a panel of two names for each vacancy.
• Nominees must not have financial or other interests that could affect their functions prejudicially.
• Appointments are valid even if there is a vacancy in the Selection Committee.
• The Chairperson and non-ex officio members hold office for three years, with eligibility for reappointment for a further three years.
• Chairpersons must not hold office after attaining sixty-five years of age.
• Members must not hold office after attaining sixty-two years of age.
• The Central Government prescribes the salaries, allowances, and service conditions for the Chairperson and Members.
• Before assuming office, the Chairperson and every Member take an oath of office and secrecy.

Resignation, Removal, and Restrictions

• The Chairperson or any Member may relinquish office by giving a three-month written notice to the Central Government.
• The Central Government may remove the Chairperson or any Member by order if they are adjudged insolvent, convicted of moral turpitude, become incapable, acquire prejudicial financial interests, or abuse their position prejudicially.
• Members must be given an opportunity to be heard before removal.
• After ceasing to hold office, the Chairperson or any Member cannot represent any person before the Food Authority or any State Authority.
• The Food Authority has a Chief Executive Officer (CEO), not below the rank of Additional Secretary to the Government of India
• The CEO is appointed by the Central Government as the Member-Secretary of the Authority.
• The Food Authority, with Central Government approval, determines the number, nature, and categories of other officers and employees.
• The Food Authority specifies the salaries, allowances, and service conditions for the CEO, officers, and employees, with Central Government approval.
• The Chief Executive Officer (CEO) is the legal representative of the Food Authority
• The CEO oversees day-to-day administration, develops work programs in consultation with the Central Advisory Committee.
• The CEO implements work programs and decisions of the Authority, ensures scientific and administrative support for the Scientific Committee and Panel.
• The CEO ensures the Authority carries out tasks according to user requirements and prepares the statement of revenue and expenditure, execution of the budget, maintains contact with the Central Government etc.
• The CEOSubmits a general report, work programs, annual accounts, and the budget annually to the Food Authority for approval, then forwards these to the Central Government and State Governments for publication.
• The CEO approves all financial expenditures of the Food Authority, reports activities to the Central Government and deals with matters relating to food safety

Central Advisory Committee

• The Food Authority establishes the Central Advisory Committee.
• The Committee has two members each representing the food industry, agriculture, consumers, research bodies, food laboratories, and all Commissioners of Food Safety
• The Chairperson of the Scientific Committee is an ex officio member.
• Representatives from various Central Government Ministries/Departments and government-recognized farmers are invitees.
• The CEO is the ex officio Chairperson of the Committee.
• The Central Advisory Committee follows rules for procedure including transaction of business as specified by regulations.
• The procedures for operation or cooperation of the Scientific and the Scientific Panel are as specified by regulations.
• The Committee ensures cooperation between the Food Authority, enforcement agencies, and organizations related to food.
• It advises the Food Authority on duties, work programs, prioritization, risk identification, and knowledge pooling.
• The Committee meets regularly at least three times a year.

Scientific Panels and Committee

• The Food Authority establishes scientific panels of independent scientific experts.
• The Scientific Panel invites relevant industry and consumer representatives in deliberations.
• The Food Authority may establish multiple Scientific Panels in areas like food additives, pesticides, genetically modified organisms, functional foods, biological hazards, contaminants, labeling, and sampling methods
• Panels may be reconstituted with changes in membership.
• The Food Authority forms a Scientific Committee with Chairpersons from Scientific Panels and six independent experts.
• The Scientific Committee provides scientific opinions to the Food Authority and can organize public hearings.
• The Committee coordinates scientific opinion procedures and harmonizes working methods of Scientific Panels.
• It offers opinions on multi-sectoral issues or those outside any Scientific Panel's competence.
• Working groups may be set up particularly for the subjects that do not fall within the competence of any Scientific Panel, draws on expertise from working groups

Committees: Procedures and Duties

• Members of Scientific Panels and Committees are appointed by the Food Authority for three-year renewable terms.
• Vacancy notices are published in scientific publications and on the Food Authority's website.
• Each Scientific Committee and Panel chooses a Chairperson.
• Decision-making is by majority vote with recorded member views.
• Regulatory procedures cover consecutive terms, panel size, expense reimbursement, task assignment, external expert inclusion, meeting observers, public hearings, quorum, meeting notices, and agenda. Regulations specify standards, guidelines enforcing standards, limits for additives, contaminants, accreditation and accreditation processes, quality control, sampling, analysis, information exchange, survey of the Act, labelling standards, and risk analysis.
• The Food Authority provides scientific and technical assistance to the Central and State Governments.
• It also collects, analyzes, and summarizes data on food consumption.
• The the Food Authortiy promotes risk assessment methodologies, communicates nutritional risks. Provides guidance to the Central and State Governments.
• The Food Authority establishes a network of organizations for scientific cooperation. It provides assistance to improve international cooperation.
• It ensures public access to reliable and comprehensive information. Conducts training programs, undertakes tasks assigned by the Central Government.
• The Food Authority contributes to international standards, agreements on food-related measures and promotes food standard coordination.
• The Food Authority promotes awareness of food safety and standards Makes public opinions of Scientific Committee, declarations of interest, scientific studies, and annual reports
• Directives on food safety are given to the Commissioner of Food Safety. Confidential information is protected.
• The Food Authority meets at the head office, follows specified procedures and all orders and decisions are authenticated by the Chief Executive Officer.
• Decisions are made by majority vote. Tie votes are then decided by Chairperson.
• The Chief Executive Officer is part of the meetings but without any voting rights.

Principles to be Followed

• Central Government, State Governments, other agencies implement the provisions of this Act guided by: Achieving appropriate protection levels for human life, health, and consumer interests which include fair practices in food trade with food safety and practices
• Carrying out risk management which include the results of risk assessment and other factors. Where there are reasonable grounds to suspect that a food may present a risk for human health then the Food Authority and the Commissioner of Food Safety takes appropriate steps to inform the general public of the nature of the risk identifying food. If food fails to comply with food safety requirements, it is presumed that all of the food in that batch fails.
• The Food Authority while framing relations or specifying standards takes into account Prevalent practices and conditions in the country including agriculture practices and handling, storage , and transport conditions. International standards and practices exist.
• The Food Authority determine fraud, deception , and standards on the basis of rish anylasis.
• The Food Authority ensures the protection of the interest of others. The Act provisions do not apply to any farmer
• The explanation of processing aids (means any substance or material not an apparatus and material, not consuming with materials) is provided No article of food shall have any contaminant beyond specifications.. No article of food shall contain insecticides, drug residues, antibiotic residues to be in excess as as may be specified by relations .
• Any food for special purposes should not include any mitridate disease, disorder , and other circumstances.
• No person shall distribute food for sale which is not labeled

Importers and Advertisers

• No person should import any unsafe, misbranded, food or foods that have matter on them. All food business must ensure that satisfy the rules , regulations and requirements for those at all stages.
• If a business operator reasons that food distributed is non compliance with this chapter then must take procedures to avoid that for the consumers.
• A responsible authority and food operator co operate .
• Advertising any food that would mislead or deceive should not be made
• The food and state authority shall monitor and verify relevant requirements.
• Regulations provide directions as to which safety officers have to ensure/ implement them.

Officials and Penalties

• The State Government shall appoint the Commissioner that implements regulation .
• No person can commence a food business except under a licence.
• The person applying for grant of licence must ensure all details and fees specified are regulated.
• Designated officers will grant the licence and after giving an opportunity to be heard and for reasons in writing. If the licence is issued more than two months after the application date then someone may start the food business. Designated Officer shall not refuse to issue a licence but may, if he considers it , issue an improvement notice. If the business operators fail to comply with the improvement notice that is issued then licences may be suspended . Designated officers can cancel the licence .
• The state can empower the commissioner that makes and implements regulations based on safe implementation of food quality etc If is convicted of an offense under the act - a food business can not make a process for the purposes of a business Food officer shall serve a copy of the order to a business operator and put it in a premises . The designated order shall approve with the food officer a certificate for an improvement lifting order ( the operator has improved its measure to lift that order ) . The date of a decision depends on the application that is required..
• Designated officers that health has risk conditions can served notice to commisisionaers of food safety
• The government/state shall appoint an officer that gets report/samples of items from food safety officer . A commissoner can lauch prosecutions in cases that can are purishable with imparisonment. The food analyst can send recommendation.
• The commisinoer food safety communicate to all desinated and involved officer