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FAQ OF FOOD LAWS IN INDIA

 

COMPETITION LAWS
LAW RELATING TO START UPS
  FOOD LAWS
 
Food Industry In India
Food Authority under the FSS Act, 2006 - India
General Provisions Regulating Food Articles In India
Norms For Packaging And Labelling Of Food Products In India
Food Safety and Standards (Packaging and Labelling) Regulations, 2011
Regulations On Labelling Of Food Products In India
Restriction On Import-Export Of Food Products In India
Laws On Import Of Food Products In India
Ban on Import of Certain Food Products in India
Food Recall Procedure in India
Food Adulteration in India
FSSAI License in India
Regulation Of Food Product Advertisements In India
Celebrity Endorsement of Food Products in India 
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  1. What are food laws?

    Food laws are related to the production, manufacturing and selling of a food product. It begins from the standards for production and continues till the packaging or labelling of a product. Food laws are to ensure the safety and health of an individual cosuming a particular product.

  2. Which is the law governing food regulations in India?

    Currently Food Safety and Standards Act, 2006, is the governing law related to food products in India. It was passed by the Parliament on August 23, 2006 and are regulated by the Ministry of Health and Family Welfare.

  3. What were the previous laws that governed food regulations in India?

    Before the commencement of the Food Saftey and Standards Act, 2006, there were some acts which used to govern food products, but now it stands repealed.They are as following :

    • Prevention of Food Adulteration Act, 1954

    • Fruit Products order, 1955

    • Meat Food Products Order, 1973

    • Vegetable and Oil Products(control) Order, 1947

    • Edible Oil Packaging (regulation) Order, 1988

    • Milk and Milk Products Order, 1992

  4. What is the main authority under the Food Safety and Standards Act, 2006?

    Food Safety and Standards Authority of India (hereinafter referred to as the ‘FSSAI‘) is the apex authority set up by Food Standards and Safety Act, 2006 to regulate laws governing food in India.

  5. When was Food Safety and Standards Authority of India established ?

    The Government has established Food Safety and Standards Authority of India under Food Safety and Standards Act, 2006 vide notification no. S. O. 2165 (E) dated September 5, 2008.

  6. What is the composition of the Food Safety and Standards Authority of India ?

    The Food Authority consists of a Chairperson and 22 other members. There are members representing the Ministries of Agriculture, Commerce, Consumer Affairs, Food Processing, Health, Legislative Affairs, Small Scale Industries; two representatives from food industry; two representative from consumer organizations; three eminent food technologists or scientists; five members to represent the States and the Union Territories on rotation basis; two persons to represent farmers organizations and one person to represent retailers organizations.

  7. Who are food business operators?

    Food Business Operators in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of the Food Safety and Standards Act, 2006.

  8. How can a Food Business Operator be registered?

    Food Business Operator can register itself with the Food Safety and Standards Authority of India by paying a fees of Rs. 100. It is compulsory for every Food Business Operator to get himself registered with the authority.

  9. What is meant by Food Safety Management Systems (FSMS)?

    A Food Safety Management System is a mixture of programs, plans, policies, procedures, practices, processes, goals, objectives, methods, controls, roles, responsibilities, relationships, documents, records, and resources that work together to ensure health and safety of humans consuming various food products.

  10. What are the functions of Food Safety and Standards Authority of India?

    Section 16 of the Act lays down the functions and duties of the food authority. Some of them are as following:

    1. IFraming of regulations to lay down standards for regulationing different food commodities.

    2. Granting of certificates to institutions which are party of the food Mangement System.

    3. Procedures and Gudielnes for accredition of laborataries for testing of products.

    4. To provide help to state and central government in order to make policy regarding food safety and nutrition for the country.

    5. Provide training programme to people involved or tend to get involved in the food business.

    6. Promote general awareness for food safety & food standards.

  11. What are salient features of the Food Safety and Standards Act, 2006?

    A few salient features of the act are :

    1. Packaging and labelling:

      The act has encompassed vast detailed sections regarding the regulations and prohibitons of packing and labelling a product.

    2. Signage and Customer Notice:

      Section 24 provides that, no person shall engage himself in any unfair trade practice for the purpose of sale, supply, use or consumption of articles to adopt any deceptive practice of making any statement whether orally or in writing which falsely represent the quality, quantity or standard of the food or makes false or deceptive representation or gives any guarantee which is not scientifically justified by them.

    3. Licensing Registration and health and Sanitary Permits:

      This provision helped to ensure that all food operators are registered and are up to the standards of the act and therefore ensuring safe products for consumption by the consumer.

  12. What are the norms for packaging and labelling of food products in India?

    According to Section 23 of the Act, the norms for packaging and labelling of food products in India are as following:

    1. No person shall manufacture, distribute, sell or expose for sale or despatch or deliver to any agent or broker for the purpose of sale, any packaged food products which are not marked and labelled in the manner as may be specified by regulations.

      Provided that the labels shall not contain any statement, claim, design or device which is false or misleading in any particular concerning the food products contained in the package or concerning the quantity or the nutritive value implying medicinal or therapeutic claims or in relation to the place of origin of the said food products

    2. Every food business operator shall ensure that the labelling and presentation of food, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged and the setting in which they are displayed, and the information which is made available about them through whatever medium, does not mislead consumers.

  13. What are the general labelling requirements for a food product according to the Act?

    Every pre-packaged food shall carry a label containing information as required here under:

    1. The particulars of declaration on the label shall be in English or Hindi in Devanagari script;

    2. Pre-packaged food shall not be described on any label that is false, misleading or de-ceptive or is likely to create an erroneous impression regarding its character in any re-spect;

    3. Label in pre-packaged foods shall be applied in such a manner that they will not be-come separated from the container;

    4. Contents on the label shall be clear, prominent, indelible and readily legible by the con-sumer under normal conditions of purchase and use;

    5. Where the container is covered by a wrapper, the wrapper shall carry the necessary in-formation or the label on the container shall be readily legible through the outer wrap-per and not obscured by it.

  14. What are the labelling requirement for pre-packaged food?

    In addition to the General Labelling requirements, every package of food shall carry the following information on the label:

    1. ame or description of food

    2. List of Ingredients

    3. Declaration regarding Veg or Non veg

    4. Declaration regarding Food Additives

    5. Name and complete address of the manufacturer

    6. Net quantity- by weight or volume or number

    7. Lot/Code/Batch identification

    8. Date of manufacture or packing

    9. Best Before and Use By Date

    10. Country of origin for imported food

    11. Instructions for use

  15. What is the concept of food recall?

    Food Recall is when a Food Business Operator is of the opinion that the product is not in compliance with the act or is unsafe to be distributed amongst the public then an immediate action is initiated to call back all the products in the market and this process in known as food recall.

  16. What is the procedure followed in case of food recall?

    Section 28 states that if a Food Business Operator is of the opinion that the production of the products is not in compliance with the Act then such an infomation has to be given to the competent authority and immediately the procedure for recalling the products have to be initiated. Every Food Business Operator has to follow the conditions and guidelines set up by the authority to ensure recalling of the unsafe products.

  17. What is food adulteration?

    Food adulteration is when the quality of a food article is intentionally made inferior or the raw materials used are of a lower quality which in turn leads the food product to not be able to meet the standards set up by authority.Food adulteration also includes misleading advertisements or false representation of the quality of the product. It was previously dealt under Prevention Of Food Adulteration Act, 1954 and is now governed under Food Safety and Standards Act, 2006.

  18. Who is a Food Safety Officer under the Food Safety and Standards Act,2006?

    Section 37 of the act defines a Food Safety Officer as a person who can be appointed by notification in the gazette by the appropriate govern ment for such local areas as he may assign to them for the purpose of performing functions under this Act and the rules and regulations made thereunder.

  19. What are the functions of the Food Safety Officer?

    Section 38 of the Act lays down the fucntions of the Food Safety Officer , some of them are:

    1. To inspect all food establishments licensed for manufacturing, handling, packing or selling of an article of food within the area assigned to him.

    2. To seize samples of food products and send these for analysis if necessary regarding the quality and standard of the sample.

    3. To draw samples for purposes of surveillance, survey and research, which shall not be used for prosecution

    4. 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;

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

    6. To keep a record of all inspections and the results of these inspections including pro-cedure followed, seizure of samples and results of samples.

    7. To perform such other duties, as may be entrusted to him by the Designated Officer or Food Safety Commissioner having jurisdiction in the local area concerned.

  20. What is the law relating to food adulteration?

    Food Adulteration is being governed by Food Safety & Standards Act under the section 38, 41 and 42 where Food Safety Officer is responsible for checkin gthe adulterants in a product and also under Indian Penal code with help of the sections Sections 272 and 273 for the offence of offence of Adulteration of Food and Drink Intended for Sale.

  21. What is license under Food Safety and Standards Authority o f India ?

    This is a license which has to be taken by every food business operator like manufacturers, storagers, transporters, distributors etc in the particular state from where they intend to sell their products. If a food business operator has business in more than 2 states then he has to apply for a central license.

  22. How to obtain Food Safety and Standards Authority of India license?

    Food Safety and Standards Authority of India license can be obtained by registering online at www.foodlicensing.fssai.gov.in . Detailed information has been provided on this website. A food business operator pays Rs.100 to get himself registered and other licenses fees may vary from INR 2000 to INR 5000.

  23. What are restrictions and prohibitions for unfair trade practices for advertising?

    Under Section 24 of The Food Safety and Standards Act, 2006 there are a few prohibitions on unfair trade practices:

    1. No person is allowed to make any misleading or deceiving advertisement that contravenses the provisions of the Act.

    2. No person is allowed to induldge himself in any unfair trade practices to promote sale, consumption, use or supply of a product in a written or oral form in which there is a false representation of the quality of a food or who makes a false or misleading statemeny about the need of the product or gives a false efficacy of the product without proper scientefic justification.

  24. What is penalty for using unfair trade practices ?

    The Food Safety and Standards Act, 2006 lays down the following penalties for unfair trade practices:

  25. What is the accountability of celebrity endorsing food products?

    In a recent judgement of Central Consumer Protection Council, it held that celebrity can be held liable for claiming for products reckleslly if they know that the product is misleading or false. Till now there is no statute in this regard but the precdents are guiding the courts.

For more information about FAQ Food Laws In India please write to us at: info@ssrana.com

 
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