Food Safety

 

The food sector in India is governed by a multiplicity of laws under different ministries. A number of committees [2], including the Standing Committee of Parliament on Agriculture in its 12th Report submitted in April 2005 [3], have emphasized the need for a single regulatory body and an integrated food law.

 

The Food Safety and Standards Bill, 2005, aims to integrate the food safety laws in the country in order to systematically and scientifically develop the food processing industry and shift from a regulatory regime to self-compliance. As part of the process of consolidation, the Bill proposes to repeal eight existing laws related to food safety.

 

Key features

 

Regulatory authority
The Bill proposes to establish the Food Safety and Standards Authority of India (FSSA), which would lay down scientific standards of food safety and ensure safe and wholesome food. The FSSA would be assisted by a Central Advisory Committee, a Scientific Committee and a number of Scientific Panels in specifying standards. The standards would be enforced by the Commissioner of Food Safety of each state through Designated Officers and Food Safety Officers.

 

The FSSA would consist of a Chairperson and 18 members. The Chairperson would be either an eminent food scientist or a civil servant not below the rank of Secretary. Seven of the members would be ex-officio, not below the post of Joint Secretary, from various ministries. Five members would be appointed by rotation every three years from the states and Union Territories. The Authority would have two representatives each from the food industry and consumer organizations, one food technologist, and one member from a farmers' organization.

 

Standards for Food Articles
The Bill prohibits the use of food additives, processing aid, contaminants, heavy metals, insecticides, pesticides, veterinary drugs residue, antibiotic residues, or solvent residues unless they are in accordance with specified regulations. Certain food items such as irradiated food, genetically modified food, organic food, health supplements and proprietary food cannot be manufactured, processed or sold without adhering to specific regulations.

 

The Bill makes it mandatory for the distributor of a food article to identify the manufacturer and the seller to identify either the manufacturer or the distributor of a food item. Every packaged food product has to be labelled as per regulations in the Bill. The packaging and labelling of a food product should not mislead consumers about its quality, quantity or usefulness.

 

Food Recall Procedures
The Bill has special provisions for food recall procedures. If a food business operator (i.e., anyone owning or carrying out a business relating to food) considers that a food item is not in compliance with the specified standards, he has to initiate procedures to withdraw the food in question and inform the competent authorities.

 

Enforcement
Every food business operator is required to have a licence in order to operate his food business. Petty manufacturers who make their own food, hawkers, vendors or temporary stall holders do not require a licence. Instead, they need to get their businesses registered with the local municipality or Panchayat.

 

The Bill empowers the FSSA and State Food Safety Authorities* to monitor and regulate the food business operators. The Commissioner of Food Safety of each state appoints a Designated Officer (DO), not below the level of Sub-Divisional Officer, for a specific district whose duties include issuing or cancelling licences, prohibiting sale of food articles that violate specified standards, receiving report and samples of food articles from Food Safety Officers and getting them analysed. The DO also has the power to serve an 'improvement notice' on any food operator and suspend his license in case of failure in compliance with such a notice. The DO also investigates any complaint made in writing against Food Safety Officers. Food Safety Officers are appointed for a specified local area and their duties include taking samples of food articles, seizing food articles that are of suspect quality or inspecting any place where food articles are stored or manufactured.

 

The State Commissioner, on the recommendation of the Designated Officer, decides whether a case of violation would be referred to a court of ordinary jurisdiction or to a Special Court. Cases relating to grievous injury or death for which a prison term of more than three years is prescribed are tried in Special Courts.

 

The Bill provides for a graded penalty structure where the punishment depends on the severity of the violation. Offences such as manufacturing, selling, storing or importing sub-standard or misbranded food could incur a fine. Offences such as manufacturing, distributing, selling or importing unsafe food, which result in injury could incur a prison sentence. The sentence could extend to life imprisonment in case the violation causes death. Petty manufacturers who make their own food, hawkers, vendors or temporary stall holders could be fined up to Rs 1 lakh if they violate the specified standards.

 

In order to judge cases related to breach of specified regulations, the state government has the power to appoint an Adjudicating Officer, not below the rank of Additional District Magistrate. Any person not satisfied by the decision of an Adjudicating Officer has the right to appeal to the Food Safety Appellate Tribunal (or to the State Commissioner until the Tribunal is constituted). The Tribunal enjoys the same powers as a civil court and decides the penalty in case of non-compliance with the provisions of the Act.