Food Safety Balancing Act: FSSAI Enforcement and Industry Implications

Introduction

India’s food contamination rate is rapidly rising, which makes consumers increasingly cautious. Every day, there are several stories of tainted food; nothing in the modern world is safe, not even dairy products or green vegetables. Food products that contain high levels of hazardous chemicals and preservatives may pose a health concern to the general public. The extra chemicals have a major effect on human metabolism in addition to lowering the quality of food. The government has begun implementing the FSS Act as a result of the food industry’s dire situation. The Food Safety and Standards Act’s main objective is to monitor the whole food production process, from packaging to consumption. This post will provide you a comprehensive overview of the FSS Act and highlight the importance of holding an FSSAI licence.

The FSS Act: What is it?

The Food Safety and Standards (FSS) Act was enacted in 2006 to harmonise the legislation pertaining to the food industry. Accordingly, the FSS Act created the Food Safety and Standards Authority of India (FSSAI) as a regulatory body. Setting regulations for food products and overseeing their manufacture, marketing, distribution, storage, import, and export are under the purview of the FSSAI. It ensures that food that is safe and nourishing for human consumption is accessible.  

The Ministry of Health and Family Welfare and the Indian government have adopted the FSS Act to promote the food business. The Food Safety and Standards Act has radically changed the nation’s food safety laws and production practices. According to the FSS Act, all operators of food businesses, including distributors, importers, hoteliers, manufacturers, wholesalers, eateries, restaurants, retailers, and distributors, are required to hold an FSSAI licence.

• The criteria for various FSSAI licence types
• How Registerkaro Can Help You Launch a Catering Business in India

Activities covered under the Food Safety and Standards Act

Enforcing the FSS Act was primarily done to maintain the food licence and registration procedure. The labelling and packaging of food items are also governed by this Act. Products that fail laboratory testing based on sample analysis are prohibited from sale by the FSSAI. The following are the main duties performed under the FSS Act:

• Conventional food processing enterprises can obtain a legal certification from the FSSAI.
• The Authority ensures the food’s quality by appointing qualified food analysts to the labs to examine the samples.
• The FSS Act increases consumer awareness of food safety and regulations.
• All operations of food companies are guaranteed to comply with the 2006 FSS Act by the Food Safety and Standards Authority of India.
• The FSSAI sets certain standards for different foods.

Why does the FSS Act need to be enforced?

The food business in India is one of the busiest areas of the economy. Because of scientific advancements, preservatives, chemicals, and changing eating patterns that lead to new risks, food standards are always evolving. 

Before 2006, food safety was governed by a number of laws and regulatory agencies. Their primary weakness was their lack of standardisation and homogeneity. Therefore, for effective control, it becomes imperative to create a single food security organisation and house all regulatory bodies under one roof.

Additionally, a lot of departments were responsible for efficient management, which created troublesome situations. A single point of reference became essential for the enforcement of the Food Safety Standards. 

To produce the current FSS Act 2006, seven earlier Acts were combined. The game is changed when it integrates worldwide culinary standards.

According to the recently passed FSS Act, all food industry owners must get an FSSAI licence. Furthermore, current operators who had licences under the old food rules are required to re-register in accordance with the 2006 Food Safety Standards.

Food business owners that need to apply for an FSSAI licence

According to the most recent FSS Act regulations, everyone running a food business must get a 14-digit FSSAI licence number. The Authority has split the Food Licence into three divisions based on the scale of the operations, which are as follows:

• FSSAI Central License: Food businesses that generate more than INR 20 crore in sales annually are required to apply for a Central License. Those who own food enterprises and want to sell abroad must also apply for this permit. A central licence is valid for a minimum of one year and a maximum of five years, and registration costs INR 7,500 annually.
• FSSAI State License: Companies in the food industry that make more than INR 12 lakh but less than INR 20 crore a year must apply for a state licence. These licences are mostly meant for restaurants and food companies that only operate in one state. A state licence lasts for one to five years and costs between INR 2000 and 5000 annually.
• FSSAI Basic Registration: Small food company owners who make less than INR 12 lakh in sales annually must register under the FSSAI’s basic registration. Despite having a one to five year validity term, a basic licence costs INR 100 per year, which is the lowest registration fee.

Penalties for Failure to Comply with the FSS Act of 2006

The following serious consequences await food firm operators who break the FSS Act:

• Penalties for selling subpar food: If someone sells food that is of poorer quality and was either imported or produced by them, they might be fined INR 5 lakh. 

• Penalties for misleading customers with fraudulent advertisements: A restaurant that is found to have run deceptive ads to attract consumers might be fined up to INR 10 lakh.
• Penalty for food with extraneous matter: If a food firm owner sells or keeps any food items that have extraneous matter, they might be fined around INR 1 lakh. 
• Penalties for disobedience with Food Safety Officer: If a food operator disobeys the Food Safety Officer’s instructions or the FSS Act’s rules, he might be fined INR 2 lakh. Providing a valid reason for non-compliance is the only exemption in this case. 
• Penalties for dirty or unsanitary food processing: Keeping sanitary or hygienic conditions is mandatory for everyone working in the food production or processing business. A punishment of INR one lakh will be imposed for noncompliance.