Food regulation in India: the FSS Act, FSSAI and its structure
The Food Safety and Standards Act 2006 merged India's many food laws into one. FSSAI sets science-based standards; State Food Safety Commissioners and their officers enforce them.
Why India needed one food law
Before 2006, food in India was controlled by many separate laws run by different ministries: the Prevention of Food Adulteration (PFA) Act 1954, the Fruit Products Order (FPO) 1955, the Meat Food Products Order 1973, the Milk and Milk Products Order (MMPO) 1992, the Vegetable Oil Products (Control) Order 1947, the Edible Oils Packaging (Regulation) Order 1998 and other food orders. Standards overlapped, a factory often needed several licences, and consumers were confused. The Food Safety and Standards Act 2006 consolidated these laws into one and repealed them. It set up the Food Safety and Standards Authority of India (FSSAI) as a single reference point for food safety and standards. FSSAI was set up in 2008, works under the Ministry of Health and Family Welfare, and has its headquarters in New Delhi. The FSS Rules and Regulations came into force in 2011, and new regulations (for example on labelling, packaging, imports and recall) have been added since.
Salient features of the FSS Act 2006
- One integrated law: replaces the PFA Act and the separate food orders, so there is one set of standards and one licence system.
- Science-based standards: FSSAI sets standards with advice from scientific panels of independent experts.
- Whole food chain covered: manufacture, processing, storage, distribution, sale and import of food.
- Licensing and registration of every food business, small or large.
- Self-compliance: the food business operator is responsible for safety through a food safety management system, not only through inspection.
- Graded penalties: small lapses bring fines; unsafe food brings imprisonment, heavier when it causes injury or death.
- New kinds of food are covered: functional foods, nutraceuticals, genetically modified foods and organic foods.
- Clear definitions of food, unsafe food, sub-standard food, misbranded food and adulterant.
- Tools for action: improvement notices, food recall, food safety audits and a rapid alert system.
Draw it: the regulatory chain
Side branches: Scientific Panels and the Scientific Committee advise FSSAI; Food Analysts and referral labs test samples; Adjudicating Officers impose penalties; the Food Safety Appellate Tribunal hears appeals.
Who's who in the system
| Body or officer | Level | Main duties |
|---|---|---|
| Food Authority (FSSAI) | Central | A Chairperson and members from ministries, industry, consumers, scientists, States, farmers and retailers. Lays down standards and guidelines. |
| Chief Executive Officer (CEO) | Central | Legal representative of FSSAI; runs day-to-day administration and carries out the Authority's decisions. |
| Central Advisory Committee | Central | Chaired by the CEO; members from industry, agriculture, consumers, research bodies, labs, and all State Commissioners. Links FSSAI with enforcement agencies and advises on priorities and risks. |
| Scientific Panels | Central | Independent experts on additives, pesticide residues, GM foods, functional foods, biological hazards, contaminants, labelling, and sampling methods. |
| Scientific Committee | Central | Chairpersons of the panels plus independent experts; gives FSSAI its overall scientific opinion and coordinates the panels. |
| Commissioner of Food Safety | State/UT | Heads enforcement in the State; can prohibit a food in the interest of public health; surveys, training and awareness. |
| Designated Officer | District | Grants and cancels licences; issues improvement notices; receives samples and reports; recommends prosecution. |
| Food Safety Officer (FSO) | Local area | Inspects premises, draws samples, seizes unsafe food and sends samples to the lab. |
| Food Analyst | Food laboratory | Analyses samples and reports whether the food meets standards. |
| Referral food laboratory | Notified lab | Re-tests a sample when the FBO appeals against the first report. |
| Adjudicating Officer | District | An officer not below the rank of Additional District Magistrate, notified by the State Government; hears cases and imposes penalties (fines). |
| Food Safety Appellate Tribunal | Set up by the State or Central Government | Hears appeals against adjudicating officers' orders; further appeal lies to the High Court. |
Functions of FSSAI
- Lay down standards for food and guidelines for enforcing them.
- Set procedures to accredit certification bodies (food safety audits) and laboratories.
- Give scientific advice to the Central and State Governments on food policy.
- Collect data on food consumption, contaminants, residues and emerging risks; run a rapid alert system.
- Run an information network so the public, consumers and panchayats get quick, reliable information.
- Train people in the food business and raise awareness of safe and healthy food (for example the Eat Right India movement).
- Contribute to international standards such as the Codex Alimentarius.
A hospital kitchen, college canteen or hotel meets this system through the local Food Safety Officer, who may inspect and take samples, and the Designated Officer, who grants its licence.
2 marks: “What is FSSAI?” The Food Safety and Standards Authority of India, set up in 2008 under the FSS Act 2006 and working under the Ministry of Health and Family Welfare. It lays down science-based food standards and regulates food businesses.
5 marks: “Write the salient features of the FSS Act 2006.” One integrated law replacing PFA and food orders; science-based standards; covers the whole chain including imports; licensing and registration; self-compliance through FSMS; graded penalties; covers new foods; clear definitions; recall and improvement notices.
10 marks: “Describe the structure, organisation and functions of FSSAI and the enforcement system under the FSS Act 2006.” Background of the Act; draw the chain from Ministry to FSO; central bodies (Food Authority, CEO, Central Advisory Committee, Scientific Panels and Committee); State and district officers; labs, adjudication and tribunal; functions of FSSAI; close.
Centre to street: FSSAI → Commissioner → Designated Officer → Food Safety Officer. Then the Analyst tests, the Adjudicating Officer fines, and the Tribunal hears appeals.