The Food Safety Standard and Authority of India (FSSAI) is India’s regulatory body regulating the rules and regulations of food business in India. The main objective of FSSAI is to regulate the food business from production, manufacturing, packaging, storing, transportation, to marketing and advertising. Food business owners must comply with FSSAI rules and regulations to smoothly run their businesses in India. FSSAI conducts regular inspections, audits, testing, and monitoring of food products to ensure that food business owners comply with the FSSAI Compliance regulations.
Objective Of FSSAI Compliance – Food Safety And Standard Act
FSSAI 2011 rules were formed under the FSS Act,2006, to provide detailed guidelines on compliance for food business owners. Obtaining an FSSAI license under FSSAI Compliance 2011 rules is the first step to starting a food business in India. Before beginning their manufacturing, selling, retailing, and labeling operations, food business operators must obtain an FSSAI license/registration. The main goal of 2006, Act is to guarantee the food products sold meets certain safety, cleanliness, and sanitary criteria set by the FSSAI, protecting society’s interests as a result.
FSSAI Label Compliance Requirements For Food Business Operators
The Food Safety and Standards Act 2006 renders a checklist for FSSAI compliance that every food operator must conform to. Let’s take a look at the provisions for articles of food as well as for its packaging and labeling:
- Food Additive or Processing Aid Use in Food Products
- Renounce of Contaminants and Toxic Substance
- Abandon the Use of Pesticides, Veterinary Drugs, and Antibiotic Residue
- Prohibition on the Distribution of Modified, Organic, Functional, and Proprietary Foods
- Accurate Information on the Label of Packaged Food
- Food Label should not be Distributed Separately
- Information on Label must be Legible
- Food Container should Provide Necessary Information
Reject toxic substances and contaminants
According to FSSAI Label Compliance, Food articles should adhere to the limits specified for naturally occurring toxins/toxic substances, heavy metals, etc. Foods exceeding the limits must be considered non-compliant.
No the usage of pesticides or drugs
As per FSSAI compliance , the food article must adhere to the limits for insecticides or pesticides, antibiotics, or veterinary materials.
Avoid biological pathogenic organisms
The food articles may contain good bacteria (probiotics), but must be free from pathogenic microbes.
Restriction of food categories
The Central Government must be notified of using food articles containing irradiated food, functional foods, genetically modified foods, FSMP, FSDU, proprietary food etc.
Labelling and packaging requirements
FSSAI Label Compliance Rules, Section 23 deals with the subject of labelling and packaging requirements of food. All the labels of the packaged food should mention accurate information about the nutrients, any allergens, veg/non-veg logo, etc. The labelling should not be misleading to the customers. It should be written in a simple and English or Hindi and may have a regional language additionally.
Restrictions of trade practices
Section 24 deals with the restriction of false advertisement and the prohibition of unfair practices. No person should engage in unfair trade practices such as a false representation of food standards, quality and quantity. Misleading about the usefulness of the products.
Provisions for importing in India
Section 25 mandates the FBOs to have a valid import license to import any food commodities in India. There is a strict prohibition under the Foreign Trade (Development and Regulation) Act, 1992.
Food additive or processing aid used in food products
Food business owners shall not use any food chemical or processing aid until it is in compliance with rules and regulations under FSS aid.
Renounce contaminants and toxic substances
Food articles shall not contain any additional impurities, natural toxic substances, or heavy metals in excess of the specified limits.
Abandon the use of pesticides, veterinary drugs, and antibiotic residues
Food articles shall not contain the residues of insecticides or pesticides, veterinary solvent, drugs, antibiotics, and pharmacologically active substances in excess of the specified limits.
Prohibition on distributing modified, organic, functional, and proprietary foods
Food operators shall not distribute or manufacture any novel food without prior approval. It further prohibits the supply of irradiated, organic, functional foods, health supplements, proprietary food, and food used for special dietary if non-compliant to the respective regulations.
Accurate information on the label of packaged food
The language used on the food product should be in English or Hindi, in Devnagri script There shall be no wrong or ambiguous information that will mislead the consumer as to the nature of the food product.
Information on the label must be legible
Information printed on the food product container shall be easily readable for the customers and easily understandable by them.
The food container should provide the necessary information
The label on the packaged food product shall contain all the essential information in a readable format on the outer and inner labels.
Punishable Offenses And The Penalties Under The FSSAI Non-compliance For Food Business Operators
If the food business operators want to get the FSSAI license, they must comply by the rules and regulations stated by the regulatory authority. In case of any rules are broken or breached, then food business owners must be ready to bear the punishment and pay hefty penalties imposed by the FSSAI. Thus, it is advisable for FBOs to ensure FSSAI compliance beforehand. Here is the list of some of the punishable offenses and the penalties food business owners need to bear if they fail to comply with the FSSAI rules and regulations.
| OFFENSE | PENALTY | IMPRISONMENT |
| Offense of adulteration | Up to Rs. 2 lakhs if the adulterant is non-injurious to the health.In case the adulterant is injurious , he/she needs to pay up to Rs. 10 lakhs as the penalty. | NA |
| Penalty for contraventions for which no specific penalty is provided. | A penalty of Rs. 2 lakhs. | NA |
| Misleading consumers with false advertisement | If any advertisement is found misleading regarding the substances, nature, or quality of food, then the food business owners need to pay a penalty up to Rs. 10 lakhs for false promises and guarantees. | NA |
| Misbranded food products | Penalty of up to Rs. 3 lakhs. | NA |
| Not selling quality food. | A penalty of Rs. 5 lakhs for licensed business and; a penalty of Rs. 25,000 for petty food vendors and registered businesses. | NA |
| Running a food business without FSSAI license. | If a food business owner does not have a valid license, then he/she shall pay a fine of Rs. 5 lakhs. | Up to Six months imprisonment. |
| Unsafe Food | ||
| noinjury | Fine up to Rs.1 Lakh | Imprisonment of up to 6 months |
| non-grievous injury | Fine up to Rs. 3 Lakh. | Imprisonment of up to a year |
| grievous injury | Fine up to Rs. 5 Lakh. | Up to 6 years |
| Death | As it falls under a major offense, there is a penalty of not less than Rs. 10 Lakhs and; | Imprisonment of not less than seven years, which can lead to life imprisonment. |
Conclusion
The above compliance list specifies the rules and regulations a food business owners need to follow. If the food business owners fail to meet the rules and regulations and are found guilty of non-compliance, they will face heavy fines and imprisonment if required. Thus, it is advisable for food businesses to carefully and fully understand the rules, regulations, standards, and requirements of FSSAI to run a tension-free business. Due to the strict rules and ever-evolving regulations of FSSAI, it isn’t easy to run a business. Therefore, it is advisable to consult CLINIEXPERT, who has more than two decades of experience in handling the FSSAI license procedure and have been working as FSSAI consultant that can resolve any queries related to the FSSAI requirements.