INTRODUCTION AND PRACTICAL

ASPECTS OF FOOD SAFETY AND

STANDARD ACT, 2006

SINGH M & CO.,

PRACTICING COMPANY SECRETARIES

SINGH M & CO., Practising Compan

y Secretaries
REPLACEMENT OF EXISTING LAW BY NEW LAW

Issues with Existing Need for New Law-

regularity regime –
Removal of multiple
Different laws and Different regulations.
Ministries governing the food Harmonizing with International
sector. Law.
Laws framed by different Framing regularly requirements
Ministries/ Depts. With different based on science and risk
perspective and enforcement analysis.
approach Facilitating trade without
Overlapping laws with compromising consumer safety
different quality standards & and bringing in innovation in
labelling requirements. foods.

SINGH M & CO.,

Practising Company Secretaries
 Prevention of Food
Adulteration Act1954 and
Rules

Meat Products Fruit Products

Order

Indian
Order

Food Export (Quality Control &

Law
Milk and Milk Products Order Inspection) Act

Agricultural Produce
(Grading & Marketing) Act

Standards of Weights and Measures Act and Packaged Commodity Rules

The Vegetable Oil Products (Control) Order,
The Edible Oils Packaging (Regulation) Order,
The Solvent Extracted Oil, Deoiled Meal, and
Edible Flour (Control) Order
 Silent Features of the Act

To ensure that all food meets consumers’ expectations

in terms of nature, substance and quality and is not
misleadingly presents;
To provide legal powers and specify offences in relation
to public health and consumers’ interest;
. To shift from regulatory regime to self compliance
through Food Safety Management system
 Science based standards
 Proprietary food, novel food, GM food, dietary
supplements, nutraceuticals etc brought into the ambit of
the new act.

SINGH M & CO.,

Practising Company Secretaries
 Scope of the Act

The Act covers activities throughout the food distribution chain,

from primary production through distribution to retail and
catering.

The Act gives the Government powers to make regulations on

matters of food safety.

The Food Safety & Standards Authority of India is the principal

Government Authority responsible for preparing specific
regulations under the Act.

SINGH M & CO.,

Practising Company Secretaries
 Functions of the Authority

To regulate, monitor the manufacture, processing, distribution, sale and

import of food to ensure its safety and wholesomeness.
•To specify standards, guidelines for food articles
•Limits for Food additives, contaminants, veterinary drugs, heavy metals,
mycotoxin, irradiation of food, processing aids.
•Mechanisms & guidelines for accreditation of certification bodies engaged
in FSMS certification
•Quality control of Imported food
•Specify food labelling standards including claims on health, Nutrition,
special dietary uses & food category systems
•Scientific advice and technical support to Central / State governments

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Practising Company Secretaries
 Roles And Responsibility
Food Safety Commissioner Designated Officer Food Safety Officer
 Prohibit in the interest of public  Issue or cancel license of
health, the manufacture, storage,  Taking samples of food
Food Business Operator.
distribution, or sale of any article intended for sale
of food.  Prohibit sale in  Seize any articles of food
contravention of this
 Carry out survey/inspection of Act. which appears to be in
the food processing units in the contravention of this Act
state to find out compliance of  Receive report and
prescribed standards. samples of articles of  Enter and inspect any
food from Food Safety place where food is
Officer and get them manufactured, or stored
 Conduct training programmes for analyzed.
the personnel engaged in food for sale
safety.  Make recommendation  May after giving notice,
 Ensure efficient and uniform to the Commissioner of cause unsafe food
Food Safety for sanction destroyed
implementation of the standards to launch prosecutions
and other requirements of food
safety.  Seize any adulterant found
 Sanction prosecution in possession of a
 Sanction prosecution for offences manufacturer or
 Maintain record of all
punishable with imprisonment distributor
inspections made by
under this Act. Food Safety Officers  Can be penalised for
 Get complaints harassment of business
investigated in respect operator (There is
of any contravention of provision for penalising
the provision of this Act
or against FSO Complainant for false
complaint)
SINGH M & CO.,
Practising Company Secretaries
ENFORCEMENT OF PROVISIONS OF THE ACT….

 Article 31 lays down Licensing and Registration conditions which are

compulsory for any food business.

 Any person desirous to commence or carry on any food business shall make
an application to grant of a License to the Designated Officer along with fees.

 In case a license is not issued within two months from the date of making
the application or his application is not rejected, the applicant may start his
food business after expiry of the said period.

 The provision of obtaining a licence for carrying on any food business shall
not apply to a petty retailer, hawker, itinerant vendor or a temporary stall
holder or small scale or cottage or such other industries relating to food
business or tiny Food Business Operator. But they shall have Registration with
the Designated Officer.

SINGH M & CO.,

Practising Company Secretaries
 .
LICENSING AND REGISTRATION OF FOOD BUSINESS….

Central Licensing
Authority

State Licensing • Designated Officer

Authority
appointed by the Chief
Executive Officer of the
Registering Authority Designated Officers FSSAI in his capacity of
appointed under Food Safety
• Food Safety Officer or Section 36(1) of the Commissioner
any official in Act by the Food
Panchayat, Municipal Safety Commissioner
Corporation or any of a State or UT for
other local body in an the purpose of
area, notified as such by
the State Food Safety licensing and
Commissioner for the monitoring.
purpose of registration

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Practising Company Secretaries
LICENSING AND REGISTRATION OF FOOD BUSINESS….

Registration required for the Food Business Operator, who –

a. manufactures or sells any article of food himself or a petty retailer, hawker,

itinerant vendor or temporary stall holder; or

b. such food business including small scale or cottage or tiny food businesses
with an annual turnover not exceeding Rs 12 lakhs and or whose-

i. production capacity of food (other than milk and milk products and meat and
meat products) does not exceed 100 kg/ltr per day or

ii. production or procurement or collection of milk is up to 100 litres of milk per

day or

iii. slaughtering capacity is 2 large animals or 10 small animals or 50 poultry birds

per day or less than that

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Practising Company Secretaries
 LICENSING AND REGISTRATION OF FOOD BUSINESS….

Central License required for the Food Business Operator, who –

(i) Dairy units including milk chilling units process more than 50 thousand litres of
liquid milk/day or 2500 MT of milk solid per annum.

(ii) Vegetable oil processing units having installed capacity more than 2 MT per day.

(iii) All slaughter houses equipped to slaughter more than 50 large animals or 150 or
more small animals or 1000 or more poultry birds per day

(iv) Meat processing units equipped to handle or process more than 500 kg of meat per
day or 150 MT per annum

(v) All food processing units other than mentioned above having installed capacity
more than 2 MT/day.

SINGH M & CO.,

Practising Company Secretaries
 LICENSING AND REGISTRATION OF FOOD BUSINESS….

Central License required for the Food Business Operator, who –

(vi) 100 % Export Oriented Units

(vii) All Importers importing food items for commercial use.

(viii) All Food Business Operators manufacturing any article of Food which does
not fall under any of the food categories prescribed under these regulations or
deviates in any way from the prescribed specification for additives therein.

(ix) Retail chains operating in two or more states.

(x) Food catering services in establishments and units under Central government
Agencies like Railways, Air and airport, Seaport, Defence etc.

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Practising Company Secretaries
 ADJUDICATION AND FOOD SAFETY TRIBUNALS…….

ADJUDICATING FOOD SAFETY SPECIAL COURTS

OFFICER APPELLET TRIBUNAL

Central Govt. or State Central Govt. or State

State Govt. to notify
Govt. may notify and Govt. may constitute
Adjudicating Officer
establish one or more special courts for trial
not below the rank
tribunals known as of offences relating to
of Addl. District
Food Safety Appellate grievous injury or
Magistrate.
Tribunals death of the consumer

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Practising Company Secretaries
 ENFORCEMENT OF THE ACT……….

Adjudicating Officer of the Central/ State governments

State govt. to establish one or more
 To impose penalty for tribunals to attend Appeals.
offences. One member tribunal called
 Shall have the powers of Presiding Officer (District
civil court Judge).
Power to establish special
courts for expedient hearing
for offences relating to
grievous injury or death.

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Practising Company Secretaries
 ENFORCEMENT OF THE ACT……….

Offences:
 Causing food to be injurious
 Abstracting any constituent
 Deliberate adulteration
 Non conformance in Label information etc.,

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PRACTISING COMPANY SECRETARIES
 ENFORCEMENT OF THE ACT……….

Penalties

 Substandard food: Upto Rs. 2.00 lakhs

 Misbranded: Upto Rs. 3.00 lakhs
 Misleading advertisement : Upto Rs. 10.00 lakhs
 Food with extraneous matter: Upto Rs. 1.00 lakhs
 Fail to meet the requirements as directed by FSO: Upto Rs. 2.00 lakhs
 Unhygienic / unsanitary preparations: Upto Rs. 1.00 lakhs
 Adulterant not injurious to health: Upto Rs. 2.00 lakhs
 Adulterant injurious to health: Upto Rs. 10.00 lakhs
 Unsafe food – but does not cause immediate injury : 6 months imprisonment with fine
of Rs.1.0 lakh

SINGH M & CO.,

Practising Company Secretaries
 ENFORCEMENT OF THE ACT……….

Penalties

 Unsafe food causing non-grievous injury :

1 year imprisonment with fine of Rs. 3.00 lakh.
Compensation in case for injury :
upto Rs.1.00 lakh.
 Causing grievous injury : 6 years imprisonment with fine of Rs. 5.00 lakh.
Compensation in case for grievous injury :
upto Rs.3.00 lakh.
 Causing death : 7 years or life imprisonment
and fine of Rs. 10.00 lakh.
Compensation in case of death :
upto Rs. 5.00 lakh minimum.

SINGH M & CO.,

Practising Company Secretaries
 THE NEW REGIME OF FSS ACT WILL

 ensure that only safe and wholesome foods are marketed,

 take decisions based on science ,
 empower authorities to detect sources of contamination and to take action to prevent
contaminated foods from reaching the consumer,
 enforce Internationally accepted standards for food and food commodities,
 enforce compliance by manufacturers, distributors, importers, exporters and other
stakeholders and
 be transparent and promote public confidence.

SINGH M & CO.,

Practising Company Secretaries
 Manpreet Singh
Singh (M) & Company
Practicing Company Secretary
E-mail: [email protected]
Mob No: 955-582-8368

Thank You!
