The Food Safety and Standards Authority of India (FSSAI)

On the 23rd of August, 2006 the government of India passed the FSS Act or the food safety and standards act which changed the way food safety and food handling practices are being monitored in India.

The Act empowered by the government of India has been divided into 12 Chapters which discuss in detail the impact, regulations, authorities that the Act carries with it to empower the safety of food products. The Food Safety and Standards Authority of India (FSSAI) was set up in 2008 for the proper monitoring of food hygiene and quality in India. It was functional from 2011 and ever since has been responsible for managing food safety in our country.  The FSSAI has its headquarters at New Delhi. The authority also has 6 regional offices located in Delhi, Guwahati, Mumbai, Kolkata, Cochin, and Chennai. The organisation has been set up as per the FSS Act 2006, until which different acts and laws were being administered under the various ministries of Government. 

The Act basically covers all kinds of food that is consumed by human beings. Most food items including unprocessed/semi-processed/processed foods are covered under this act. It also includes genetically engineered foods, all kinds of substances and water that is used in the preparation of food. 

Packaged juices, drinking water, infant food, alcohol-based drinks, chewing gums, and all other primary foods are covered by the FSSAI Act.

Here, it is important to mention that, the Act considers live animals or products of agriculture, horticulture or animal husbandry as food only when it has already passed on from the hands of a farmer. 

Functions of FSSAI

Following functions are performed by the Food Safety and Standards Authority of India:

• Setting Rules and Guidelines – FSSAI sets up rules and guidelines which need to be followed by all food manufacturing companies, keeping into consideration hygiene and food safety
• Granting License – To pursue any food related business, the owner needs to get a certificate and license with the permission of FSSAI
• Test the Standard of Food – the standard and quality of food manufactured by all companies registered under FSSAI, is done by the organisation themselves
• Regular Audits – Proper inspection is done for food-producing and manufacturing companies to ensure the standards are at par with the guidelines
• Spreading Food Safety Awareness – It is the responsibility of FSSAI to spread awareness and inform the citizens about the importance of safe and hygienic food consumption
• Maintain Records and Data – FSSAI also has the responsibility to maintain proper records and data of all the registered organisations. Any violation of rules prescribed by FSSAI can lead to the termination of the license
• Keeping the Government Updated – Any food safety-related threat must be informed to the Government authorities for further action. Also, assist them in framing food standard policies

Challenges for FSSAI

There are certain challenges which are to be overcome by FSSAI:

• Proper laboratories for testing the quality of food need to be organised by the Organisation
• Arranging qualified manpower to test and approve the standards of food being manufactured
• Re-evaluating the regulations and terms as per international standards
• Gaining funds to get advanced technologies 
• Ensuring proper licensing of every food manufacturing individual or business

Once the Government of India and FSSAI overcome these shortcomings, the organisation is capable of regulating and maintaining the food safety standards in all parts of the country. 

Applicability:

The Food Safety and Standards Act is applicable to all persons who are manufacturing, producing, selling or handling food that is meant for human consumption. 

The Food Safety and Standards Act does not discriminate between a small hawker or a huge Food Business Operator and makes it mandatory for everyone handling food to keep it safe and fit for human consumption. The Act does not categorize individual sellers or small business and universally names everyone as Food Business Operator. Therefore, this Act is applicable to every person that is in the food business. 

The above statements, however, has an exception. As mentioned earlier, the Act is not applicable to farmers even though they are producers of food. Agricultural produce, animal husbandry, etc. are not covered directly under the scope of this Act and thus excludes farmers.  The Act comes into play only when the product leaves the hands of the farmers and reaches the next person. 

1. The Food Safety and Standards Act has a few regulations mentioned which need to be followed by Food Business Operators  
2. The regulations under the act basically allow or prohibit the inclusion of substances in food that is meant for human consumption
3. The Food Safety and Standards Act expressly prohibits the inclusion of harmful substances such as insecticides in food
4. The Act also mentions clearly that no article of food shall contain any contaminant, naturally occurring toxic substances or toxins, hormones, heavy metals, insecticide and pesticide residues, veterinary drug residues, antibiotic residues, solvent residues, pharmacologically active substances, and microbiological counts in excess of tolerance limit as mentioned in the regulations as well
5. The act mentions that, if it is a novel, genetically-modified article of food, irradiated food, organic food, foods for special dietary uses, functional foods, nutraceuticals, health supplements, proprietary foods, etc. it cannot be manufactured, distributed, sold or imported into India. Only those that the regulations and provisions of the Food Safety and Standards Act allow can be possible
6. The Act mandates special labeling for different kinds of food and Food Business Operators are to adhere to these requirements strictly.

Penalties :

Under the act, there are different penalties for different kinds of non-compliance by Food Business Operators. The provisions of the Act include laws where offenses like manufacturing, storing or selling misbranded or substandard food is punishable with a fine. If the offenses are more serious, it could lead to imprisonment as well.  If consumption of unsafe/hazardous/toxic food results in any severe injury or death of a consumer, the Act makes it clear that the Food Business Operator has to pay a hefty fine for the same. 

1. Some examples of penalties under the act include – 
2. Penalty for substandard food – Up to 5 lakh rupees 
3. Misleading advertisement or false guarantee – up to 10 lakh rupees 
4. Unsanitary or Unhygienic manufacturing of food – 1 lakh rupees 
5. If FBO are in possession of adulterant not injurious to health – 2 lakh rupees 
6. If FBO possess adulterant injurious to health – 10 lakh rupees 
7. Food found unsafe – imprisonment up to 6 months and a fine of up to 1 lakh rupees 
8. Unsafe food results in grievous injury –  6 years imprisonment and a fine of up to 5 lakh rupees
9. If unsafe food results in death – not less than 7 years imprisonment and fine up to 10 lakh rupees.
10. The Act, notably, also provides for a penalty for Food Safety Officer for acting against a Food Business Operator on a false premise. 

Responsibilities of a Food Business Operator: 

1. If you are a Food Business Operator, your first and foremost duty before beginning a Food business is to obtain a Food License to practice in the food business. It is mandated under the Act that any person planning to start a food business must obtain a license from the appropriate or designated authority. The Food Safety and Standards Act does not make it mandatory for petty business owners or manufacturers to obtain a license before starting a business. But the Act clearly mentions that everyone — even if they are a small or a large business —  must take care of the safety and standard of the food that is being prepared and sold. Therefore, the food must be safe and wholesome for the purposes of consumption, irrespective of who is involved in its manufacture or all kinds of handling.  
2. The Act makes it mandatory for all Food Business Operators to ensure the safety of food. All the Food Business Operators must comply with the different rules of safety and include the nutritional content as specified by the Act. The Food Business Operators are also required to follow other regulations such as the labeling standards mentioned by the Act. 

Important Initiatives by FSSAI

Many important initiatives have also been taken by FSSAI keeping in mind food safety and standards. Following are few of these important initiatives:

• Eat Right India – The aim is not just to provide food to one and all, but to provide quality food to everyone. With this initiative, FSSAI intends to make good quality food accessible to every citizen of the country
• Clean Street Food – This involves training the street food vendors and making them aware of the violations as per the FSS Act 2006. This will also help in the social and economic upliftment of street food vendors
• Diet4Life – This is another initiative taken by FSSAI, to spread awareness about metabolic disorders.
• Save Food, Share Food, Share Joy – Encouraging people to avoid food wastage and promote food donation. Through this, FSSAI intends to connect food-collecting agencies with the food-producing companies and share the food with the ones in need

Apart from this, the first-ever World Food Safety Day was celebrated on June 7, 2019, by FSSAI, acknowledging the contribution of states, food businesses, and individuals in maintaining food safety.

Types of FSSAI Registration

FSSAI registration is based on the business types, turnover and capacity of production. Depending upon the installed capacity and turnover, FBOs are eligible for license such as basic license, central license, and state license.

• FSSAI Basic Registration – FBOs having a turnover of less than Rs.12 lakh p.a must obtain FSSAI basic registration. The FSSAI registration form that the applicant has to fill to obtain FSSAI basic registration is Form A.
• FSSAI State License – FBOs having a turnover of more than Rs.12 lakh p.a and less than Rs.20 crore p.a must obtain the FSSAI state license. The FSSAI registration form that the applicant has to fill to obtain an FSSAI state license is Form B.
• FSSAI Central License – FBOs having a turnover of more than Rs.20 crore p.a must obtain the FSSAI central license. The FSSAI registration form that the applicant has to fill to obtain FSSAI central license is Form- B.

FSSAI Registration Eligibility

FSSAI Registration is a basic license and it is required for all the FBOs involved in the small-scale food business. This category covers the following businesses:

• Any FBO with an annual turnover of not more than Rs. 12 lakh.
• Petty retailer dealing in food products.
• Any person who manufactures or sells any food article by himself.
• Food sale is done by the temporary stall holder.
• Any individual who distributes food in any religious or social gathering except a caterer.
• Small-scale or cottage industries dealing in the food business.

Documents Required For Obtaining the FSSAI Registration/License

The following documents are required to obtain FSSAI basic registration, FSSAI state license and FSSAI central license:

• Photo identity proof of the food business operators.
• Business constitution certificate, i.e. partnership deed, certificate of incorporation, shop and establishment licence or other business registration certificate.
• Proof of possession of business premises, i.e. rental agreement, NOC from the owner of the rented premises, utility bills etc.
• Food safety management system plan.
• List of food products manufactured or processed.
• Bank account information.
• Supporting documents (if required) like NOC by Municipality or Panchayat, Health NOC, copy of License from the manufacturer, etc.

Apart from the above-mentioned general documents, certain specific documents are required for obtaining the FSSAI state license and FSSAI central license. The specific documents required to obtain the FSSAI state license are:

• Form B duly completed and signed
• Plan of the processing unit showing the dimensions and operation-wise area allocation   
• List of Directors/ Partners/ Proprietor with address, contact details, and photo ID
• Name and list of equipment and machinery used with the number and installed capacity
• Authority letter from manufacturer nominated a responsible person name and address
• Analysis report of water to be used in the process to confirm the portability
• Copy of certificate obtained under Coop Act 1861/Multi-State Coop Act 2002

Apart from the general license, the following specific documents are required to obtain FSSAI central license:

• Form B duly completed and signed
• Plan of the processing unit showing the dimensions and operation-wise area allocation   
• List of Directors/ Partners/ Proprietor with address, contact details, and photo ID
• Name and list of equipment and machinery used with the number and installed capacity
• Authority letter from manufacturer nominated a responsible person name and address
• Analysis report of water to be used in the process to confirm the portability
• Source of raw material for milk, meat etc
• Recall plan wherever applicable
• Ministry of Commerce Certificate for 100% EOU
• NOC/PA document issued by FSSAI
• IE code document issued by DGFT
• Form IX
• Certificate from Ministry of Tourism
• Supporting document for proof of turnover and transportation
• Declaration form

Obtaining a license can provide the food business with legal benefits, build goodwill, ensure food safety, create consumer awareness, and assist in business expansion. Also, it helps regulate, manufacture, storage, distribution and sale of import food. It is easy to obtain funds from investors when an FBO has FSSAI registration.

The FSSAI logo on the food products ensures the quality of food to the customers. The FSSAI registration number displayed on the food premises indicate that the premises comply with the hygiene and quality standards.

Procedure for Obtaining FSSAI Registration Online

• FBOs can obtain FSSAI registration online by filling and submitting the FSSAI registration form, i.e. Form A (application for Registration) or Form B (application for State and Central License) on the FoSCos portal. The FBOs can also register offline by submitting Form A or Form B to the Food and Safety Department.
• The FSSAI registration form must be accompanied by the required documents. The documents must be uploaded online on the FoSCos portal at the time of filling the application or submitted to the Food and Safety Department along with the application physically.
• The FSSAI registration form can be accepted or it may be rejected by the Department within 7 days from the date of receipt of an application either physically or online through the FoSCoS portal. If the application is rejected it has to be intimated to the applicant in writing.
• The Department will scrutinise the documents submitted.
• The Department may conduct an inspection of the food premises, before granting the FSSAI registration certificate, if necessary.
• If the Department is satisfied that the FBO meets all the required criteria, then it will grant an FSSAI registration certificate with the registration number and the photo of the applicant email ID. The applicant can also download the FSSAI registration certificate by logging into the FoSCoS portal.
• FBO should prominently display the certificate of FSSAI registration at the place of business during business hours.