This Article is written by Rajyashri Mandal, a Third-Year Law Student of Department of Law, University of Calcutta

Introduction:

Food safety is a science-based discipline, process, or action that prevents food from containing substances that could harm a person’s health. Food safety concerns itself with providing food that is free from any health risks. We have to make sure that the used food products should be free from, contamination, harmful agents, or even adulterated. Food security ensures that there is confidence in the food supply business.

The Indian food industry is significantly characterized by both small local vendors and large multinational companies. India constitutes one of the largest food industries and also encompasses a variety of products. The food safety standards are of utmost importance to be implemented in such a large and diverse organized sector.

India has an Interpol Body Called the ‘FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA’. This organization maintains control over the food sectors. It has to implement the guidelines for public health.[1]

Historical Background of Food Safety Law:

Before the establishment of FSSAI, the Indian food sector was guided by a few isolated legal provisions such as THE PREVENTION OF FOOD ADULTERATION ACT of 1954[2], which normally handled the issue of food adulteration. It had a very narrow applicability scope in polyphonic markets like the domestic market of India and it also became more inoperative to handle newly emerging complexities of the food industry.

In the processes of the rapid growth of globalization, industrialization, and increasing awareness among people regarding food safety, the need for consolidated, stronger leadership builds up over time.[3] In the year 2006, we have the Food Safety and Standards Act 2006 established the FOOD SAFETY STANDARDS AUTHORITY INDIA (FSSAI) as a centralized regulatory government body to enact unified food laws and establish proper food standards all over India. This provides the farming standards that regulate the food business and enforces safety guidelines. It covers all the existing old laws and provides a more efficient regulating regime along with easing the compliance burden of businesses and improving the enforcement of food safety standards in India.

The Food Safety and Standards Authority of India is[4]:

The FSSAI is a statutory body constituted within the Ministry of Health & Family Welfare having a chairperson as well as members drawn from food professionals, various, and other stakeholders. It focuses on food safety issues including the implementation of food safety standards and guidelines within its jurisdiction as the authority may enact policies, coordinate activities, and ensure the control of food safety regulation implementation.

This defines the scientific characteristics of foods that in the main include ingredients, food additives, and packaging materials such as containers.

It also has the works to ensure that food products sold in India meet safety and quality norms and these standards are updated from time to time based on global practices and emerging risks to maintain consumer protection.

These licenses are available for all kinds of food businesses, whether it is small street vendors or big manufacturing companies, and the companies must obtain them to carry on further with their business.

The FSSAI carries out inspections in food businesses to ensure that food businesses have implemented measures necessary for the compliance of safety regulations. The FSOs achieve this by having the ability to inspect facilities, collect samples, and impose penalties on the violating facility. FSSAI may issue corrective measures or may shut down a non-compliant facility to maintain public health.

Food Safety Regulations under the FSS Act[5][6]:

Food Safety Management Systems

The FSS Act mandates food businesses to have a Food Safety Management System that should help them ensure they operate according to the set food safety standards. It entails systematic procedures designed to manage food safety risks such as control over hazards and quality checks at all stages of the food product and supply chain.

Hygiene and Sanitation Requirements for Food Businesses

Under the guideline, all food businesses must adhere to rigorous hygiene and sanitation measures on equipment cleanliness, worker hygiene, and storage practices amongst many others; food must be prepared, handled, and stored in safe places with minimum risks of contamination.

Adulteration and Penalties for Violations

Monitoring of foods and following penalties keep adulteration at bay, which FSSAI maintains by themselves with public health standards. There are various kinds of food adulterations as defined by the FSS Act. Starting from the mixing of harmful substances to the wrong labelling of products. For grave offenses, violation can be followed with fines, suspension of license, or even criminal prosecution.

Food Labelled Regulations

FSSAI is very stringent with food labelled and needs to set precise norms for labelled so that the consumer is aware of the ingredients of the product, information about the nutritional composition of the product, the date of its manufacture, and the date after which the product will expire. The labelling rules are meant to cut down on crooked claims and promote clarity regarding particular foodstuffs.

Consumer Rights and Protection:

The central role of consumer vigilance in maintaining food safety through the selection of certified food products and reporting on unsafe products. Through customer demand, the reseller is directly influenced toward openness in labelled and quality control in food.[7].

The system under this legislation permits to filing of complaints with 7llFSSAI or even consumer courts if there has been any interaction with unsafe or adulterated food. With these contemporary technological days, the issues concerning reporting on the FSSAI’s online governance portal have become easy.

The awareness campaigns related to safe products for consumption, and health implications, besides suitable labels help in aware consumers, which further can build a food safety ecosystem.

Scope of Law Enforcement and Regulatory Authority[8]:

Because of defaults FSS Act the food business operators are subjected to various punitive actions such as fines, suspension, or cancellation of licenses, and in extreme cases, it could be imprisonment.

There are many kinds of offenses including ADULTERATION, which is an admixture of noxious substances into food commodities, misleading, which means false declaration or omission of information concerning a food product or failure to comply with standardized hygiene standards the most common offenses.

Courts also play a significant role in ensuring food safety and violators brought before the book for disruption to public health and safety.

The food safety law in India also follows the same road as CODEX ALIMENTARIUS to regulate food safety and quality checks. It makes India maintain global standards of their food expert items. The Indian food regulations are indeed under the compulsion of an international trade agreement that obliges the strict maintenance of global food safety norms.

Likely Upcoming Possible Changes in the Food Regulations:

1. The FSS Act’s implementation was the major challenge in achieving any standard for inspection, lack of trained personnel, and the vast size of the unorganized food sectors.

2. Amendments would also be seen in the food safety laws being introduced in India over here, focusing on organic food items[9], GMOs, labelling, and preservation of food items.

Conclusion:

Food safety laws are very vital for the safety of public health the quality of food and the prevention of various diseases among the people. Proper enforcement of a regulatory framework is the key to maintaining the health of the population. The FSS Act plays a crucial role in shaping improved food safety regulations all across the country but some challenges remain for the ineffectual enforcement of guidelines. Stronger laws need to be accompanied by better implementation of the laws and regulatory bodies to cross-check the implementation, which would enable India to closely meet the global food safety standards would be helpful to India’s reputation, and would encourage more international food traders.

REFERENCES

[1] “Food safety and standards Authority of India”, Wikipedia, Food Safety and Standards Authority of India - WikipediaAssessed 11/09/2024

[2] “The Prevention of Food Adulteration Act,1954”,Aakash Byjus, https://byjus.com/neet/the-prevention-of-food-adulteration-act-1954/#:~:text=Responsibilities%20of%20Central%20Government,and%20quality%20of%20food%20laboratories.Assessed 11/09/2024

[3]“Food Safety and Standards Authority of India”, Ministry of health and family welfare, government of India, https://fssai.gov.in/cms/about-fssai.phpAssessed 11/09/2024

[4] Debomita Dey, “India and International food laws, 2016”, Slideshare, https://www.slideshare.net/slideshow/indian-and-international-food-laws/67542700Assessed 11/09/2024

[5] Khushboo Batta, “10 Must – Know food safety regulations in The Food Industry,2023”, Altametrics, https://altametrics.com/blog/10-must-know-food-safety-regulations-in-the-food-industry/Assessed 11/09/2024

[6] Mayashree Acharya, “FSSAI REGISTRATION PROCESS- DOCUMENTS REQUIRED, BENEFITS, PENALTY” Cleartax, 2024, https://cleartax.in/s/fssai-registrationAssessed 11/09/2024

[7] Vipasha Chirmulay, “Food Advertising Regulation and Consumer Protection in India,2022”, Live Law, https://www.livelaw.in/columns/food-safety-and-standards-authority-fssai-food-advertising-consumer-protection-act-212421Assessed 11/09/2024

[8] “Know Your Regulator: Food Safety and Standards Authority of India(FSSAI),2021”, Centre for Policy Research, https://cprindia.org/know-your-regulator-food-safety-and-standards-authority-of-india-fssai/Assessed 11/09/2024

[9] “Organic Food,2020”, Food Safety and Standards Authority of India, https://fssai.gov.in/cms/standards-organic-food.phpAssessed 11/09/2024