Why in the News?
- Recently, the Food Safety and Standards Authority of India (FSSAI) directed food business operators (FBOs) to stop using the term “tea” for herbal infusions and plant-based blends not derived from Camellia sinensis.
- The regulator clarified that using labels such as “herbal tea”, “rooibos tea”, or “flower tea” amounts to misbranding and misleading advertising under the Food Safety and Standards Act, 2006.
- The directive applies to manufacturers, importers, sellers, and e-commerce platforms, with States asked to ensure strict compliance.
What is FSSAI?
- The Food Safety and Standards Authority of India (FSSAI) is an autonomous statutory body established under the Food Safety and Standards Act, 2006 (FSS Act).
- It functions under the administrative control of the Ministry of Health and Family Welfare, Government of India.
- Headquarters: New Delhi.
- FSSAI acts as the apex regulator for food safety, ensuring the availability of safe, wholesome, and nutritious food for human consumption across India.
Genesis and Evolution of FSSAI
- The Food Safety and Standards Act, 2006 was enacted to consolidate multiple pre-existing food laws, which were administered across different ministries and departments. These included:
- Prevention of Food Adulteration Act, 1954
- Fruit Products Order, 1955
- Meat Food Products Order, 1973
- Vegetable Oil Products (Control) Order, 1947
- Edible Oils Packaging (Regulation) Order, 1988
- Milk and Milk Products Order, 1992
- All these laws were repealed with the enactment of the FSS Act, 2006.
- FSSAI was formally established in 2008, but its operations became fully functional in 2011 after the notification of its Rules and Regulations.
- This marked a shift from multi-level, multi-departmental governance to a single-line regulatory framework, emphasizing self-compliance and risk-based regulation.
Objectives and Core Mandate of FSSAI
The primary objectives of FSSAI are:
- To set science-based food standards for all food products.
- To regulate the manufacture, storage, distribution, sale, and import of food items.
- To protect public health by preventing food adulteration and contamination.
- To promote awareness about safe, healthy, and nutritious food among citizens.
Organisational Structure of FSSAI
- FSSAI is composed of a Chairperson and 22 members, with one-third representation for women.
- The Chairperson is appointed by the Central Government.
- It is supported by Scientific Committees and Panels for standard-setting and by a Central Advisory Committee for coordination with enforcement agencies.
- State Food Safety Commissioners are primarily responsible for enforcement at the state level.
Key Processes Followed by FSSAI
FSSAI follows key processes to ensure food safety across India:
- Setting Standards: Formulates standards for food products to ensure they are safe for consumption.
- Developing Safe Practices: Provides guidelines for safe food handling and hygiene practices.
- Licensing and Registration: Registers and licenses food business operators (FBOs) to ensure compliance with food laws.
- Compliance Monitoring: Conducts regular inspections and audits of food businesses.
- Food Testing: Tests food samples through accredited laboratories to check for safety and quality.
- Capacity Building: Trains food business operators, enforcement officers, and other stakeholders.
- Citizen Outreach: Conducts awareness programs to educate the public on food safety, hygiene, and nutrition.
Functions of FSSAI
The functions of FSSAI include as follows:
- Framing Regulations: Developing rules, standards, and guidelines for food safety.
- Licensing and Certification: Granting FSSAI licenses to food businesses to ensure compliance.
- Laboratory Standards: Laying down procedures and guidelines for food testing laboratories.
- Policy Advice: Providing recommendations to the government on food safety policies.
- Data Collection: Monitoring contaminants, identifying emerging risks, and operating a rapid alert system.
- Information Network: Creating a nationwide system to share food safety information.
- Consumer Awareness: Promoting general awareness about food safety, standards, and nutrition.
Legislative Framework of FSSAI
Food Safety and Standards Act, 2006
The Act provides a single reference point for all matters relating to food safety. It created FSSAI at the central level and State Food Safety Authorities in each state, moving away from fragmented multi-departmental governance.
Food Safety and Standards Rules, 2011
These rules provide for the Food Safety Appellate Tribunal and a structured mechanism for adjudication of food safety cases.
Food Safety and Standards Regulations, 2011
These regulations cover:
- Licensing and Registration of food businesses.
- Packaging and Labelling standards.
- Food Product Standards and Additives regulations.
- Organic Food Regulations.
- Food Advertising norms.
They also prohibit non-specified food items and harmful ingredients to protect consumer health.
Food Imports and Testing
- All food sellers and importers in India are required to obtain an FSSAI license.
- FSSAI directly monitors food imports, sending samples to accredited laboratories to ensure they do not contain harmful substances.
- The Authority accredits laboratories across India, including:
- 14 Referral Laboratories
- 72 State/UT Laboratories
- 112 NABL-accredited commercial laboratories
- Observations by CAG report incomplete documentation in licenses and regulatory gaps.
Landmark Cases of FSSAI
- Maggi Noodles Case (Nestlé India): Excess lead found; nationwide ban was imposed by FSSAI.
- Cadbury India Case: Contamination issues led to mandatory changes in packaging standards.
Challenges and Shortcomings of FSSAI
- Exemption of small-scale manufacturers and street vendors reduces FSSAI’s coverage in the unorganised sector.
- Insufficient laboratory infrastructure with limited NABL-accredited labs.
- Shortage of trained personnel and functional equipment in state laboratories.
- Limited enforcement capacity due to inadequate licensing and monitoring staff.
- Prescriptive regulations rather than outcome-based compliance monitoring.
- Limited product standards (around 377 products), compared to thousands in other countries.
- Underfunding and lack of standardized inspection procedures.
- Delays in approvals and import clearances, sometimes caused by non-alignment with global standards.
Major Initiatives of FSSAI
- Heart Attack Rewind Campaign: Mass media initiative to eliminate industrial trans fats from food.
- FSSAI-CHIFSS Collaboration: Partnership with industry, academia, and scientific community to promote food safety research.
- State Food Safety Index (SFSI): Ranks states based on human resources, compliance, food testing, training, and consumer empowerment.
- Eat Right India Movement: Promotes safe, healthy, and sustainable diets, aligned with National Health Policy 2017, and integrates flagship programs such as Ayushman Bharat, POSHAN Abhiyaan, and Anemia Mukt Bharat.
- Eat Right Station Certification: Recognises railway stations providing safe and wholesome food to passengers.
Q. With reference to the Food Safety and Standards Authority of India (FSSAI), consider the following statements:
1. FSSAI was established under the Food Safety and Standards Act, 2006 and became fully operational in 2011.
2. All food sellers and importers in India are exempt from obtaining an FSSAI license if they operate in the unorganised sector.
3. The FSSAI is responsible for setting food standards, licensing food businesses, and accrediting food testing laboratories in India.
4. FSSAI’s regulations cover packaging, labeling, organic food, and advertising, but do not include imported foods.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 4 only
(d) 1, 3, and 4
Answer: (b) 1 and 3 only
Explanation:
Statement 1 is correct: FSSAI was established under the Food Safety and Standards Act, 2006, and it became fully functional in 2011 after notification of Rules and Regulations.
Statement 2 is incorrect: While small-scale manufacturers and street vendors in the unorganised sector are partly exempted from licensing, not all food sellers and importers are exempt. Imports, in particular, are strictly regulated.
Statement 3 is correct: FSSAI is responsible for setting food standards, licensing and registering food businesses, and accrediting laboratories across India.
Statement 4 is incorrect: FSSAI’s regulations also apply to imported foods, and it monitors compliance of food imports in addition to domestic food businesses.
