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The article is all about the Food Safety and Standards Act- FSS Act and the reason for its existence. The Food Safety and Standards Act, 2006 lead to the establishment of the Food Safety Authority of India-FSSAI. The Act is empowered to carry out the operations relating to maintaining standards related to food. It changed the situation related to food monitoring.
The relation between the Food Safety and Standards Act and FSSAI
The Food Safety and Standards Act, 2006[1] (FSS Act) was enacted after that FSSAI was established in 2008 with the legislative regulations added to the Parent Act-FSS Act, 2006. The multiple rules supporting the Act are as follows:
Read our article:FSSAI Packaging and Labelling Regulations in India
The FSS Act had already replaced multiple food laws and enforcement agencies for different food sectors in India.
FSSAI Features/ FSS Act
It keeps an eye on the adulteration activities of the food business operators in India
It keeps a check on the quantity used and how much not to be used.
It has a negative list of food products which cannot be sold and used by the seller in the food products.
The critical part of this body is that standards have been laid down using scientific research.
The FSS Act is a consolidating statute that brought several provisions of different laws together such as – Prevention of Food Adulteration Act, 1954, Vegetable and Oil Control (Order), 1947, Milk and Milk Products, 1992.
The FSSAI checks and monitors the regulation of the manufacture, storage, distribution, sale, and, import by food business in India.
The application of one food act FFS Act all over India. The Act was passed by the Parliament, to merge eight different laws of India, into one comprehensive act.
It consolidated food related laws into one. The Acts which were replaced by the FSS Act are- Prevention of Food Adulteration Act, 1954, Food Products Order, 1955, Meat Food Products Order, 1973, Milk and Milk Products Act, 1992 etc.
The Act provided a shift from regulatory regime to a self-reliant regime. This means that FBO was authorized to act in compliance satisfying the requirements of all stages of production, processing, imports, distribution, and sale of food products.
It provides an accountable, transparent, regulatory framework, with well-defined powers, functions, and responsibilities. It made mandatory to follow the food safety system.
It provides the decentralization of the licensing system. States were authorized to issue state licenses. It mandated the licensing and registration of food business in India.
There is proper regulation of imports in India, after the coming of the FSS Act. All food products are covered under this.
This means the provisions for graded penalties under the Act. Offenses related to manufacturing, storing, selling, adulterated or sub standardized food products, is punishable with fine.
a. Historical reference
From the mid of 1900 food processing sectors laws, framed in a authentic grid of regulation including multitude of states laws, e.g.-FPO, MMPO, Export Act, Insecticide Act, MFPO, BIS, EPA, Infant Milk Substitute, APA, Essential Commodity Act, VOPO, etc. This has resulted in need of the unified single food regulatory authority.
b. Multiple regulations
There was multiplicity of regulations, for which food operators had to obtain a license under different departments like:
License for-
c. FSS Act and FSSAI changed the system of Food laws-
With FSSAI various acts and orders as mentioned above, controlled by different ministries, and departments, were integrated and were notified through the rules and regulations. This marked a shift from multi-level to a single level of control, focusing on self compliance, rather than the pure regulatory regime.
It can be concluded that FSS Act, 2006 is a parent body legislation, and food business operators take FSSAI registration a single body for registration for multiple food acts, by moving from multi departments control to a single line of command, by establishing FSSAI and State Food Authorities for each state. Where the FSSAI – does framing of regulation and laying down standards & guidelines of food safety, granting food safety licenses, certification to the food business, laying of procedure & policies for the laboratories and collection of data of contaminated food products and introduction of the rapid alert system.
Read our article:Packaged Commodities Rules: A Complete Guide
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