Now, food products need to seek approval from government-promoted FSSAI

Ratna Bhushan, ET Bureau Jan 29, 2013, 06.12AM IST

NEW DELHI: Probiotic ice-cream, digestive biscuits or low-sugar jams may be flying off retail shelves, butfood companies are no longer being allowed to sell new products without taking approvals from the government-promoted
 Food Safety & Standards Authority of India (FSSAI).According to a new and modified FSSAI advisory issued to all food companies last month, any new or existing product which is 'proprietary' - in other words not classified in the food act - will need to follow a regulatory 'new product approval' guideline, as laid down by the FSSAI. Even if food companies announce the ingredients on packs and in advertising, they will still need approvals

According to guidelines, makers of all proprietary products will now have to submit applications to the central government for approval and can launch only after all the necessary approvals have been obtained.

For example, while cheese and butter are standard products, a low-fat ice-cream or dessert would be classified as proprietary. Another example -- if the existing food law states that fruit-based jam can be made only with a specific amount of sugar, and if a company chooses to add more or less sugar than what is specified, the product becomes proprietary. Food companies say the move will delay new product development and product innovation, though it will help in filtering out incorrect product claims.

Piruz Khambatta, chairman of beverage concentrate and powder maker Rasna, called it a step backwards. "Such guidelines did not exist in the past... We welcome regulations but they should be conducive to growth instead of delaying both new product development and innovation - which is so important when the market is so competitive," Khambatta said. Till now, proprietary food products could be approved at the state level, but with the new guidelines in place, companies need to seek approval from the central food authority.

RS Sodhi, MD of dairy giant Gujarat Co-operative Milk Marketing Federation, which makes the Amul brand of milk, cheese, butter and ice-cream, said: "It's a good move from the consumer's point of view... when you deal with food products, you have to be very sure of the claims you are making. But it's also true that this may delay new launches."

The move comes at a time when functional foods are growing at a rapid pace. While categories like muesli are growing at 40% a year and are estimated at 100 crore, the 200-crore-plus oats market is growing at about 30%.

"We are applying for fresh approvals even for existing products which are not listed in the existing food act," said a top official of a leading multinational food company, requesting not to be named.

FSSAI declined comment on the matter, and an official from the authority said all relevant information had been posted on their website.

The FSSAI has also set up an exhaustive set of guidelines for self regulation in all advertising of foods and beverages, along with advertising monitoring agency Advertising Standards Council of India ( ASCI). The guidelines state that ads of foods and beverages making claims like making children taller, helping people lose weight or curing hair-loss will need to prove their declarations scientifically.

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Inclusion of alcohol in FSS Act, 2006, no clash with Excise dept: FSSAI

Friday, January 11, 2013 08:00 IST 
Abhitash Singh, Mumbai

Although alcoholic drinks have been included in the Food Safety and Standards Act (FSSA), 2006, and all the food business operators (FBOs) who sell alcoholic drinks like whisky, beer, rum, and vodka have to apply for licensing and registration, the Food Safety and Standards Authority of India (FSSAI) has denied the possibility of any clash of interest with State Excise Departments.

A number of associations and organisations have made representations against licensing and registration for the business of alcoholic drinks. There has been apprehension that due to alcoholic drinks being included in the FSS Act, 2006, there is duplication of work with the Excise departments of states. 

The matter has been examined and it has been clarified that the FSSAI will regulate with the framing of the standards of alcoholic drinks and issues concerned with the safety aspects of alcoholic drinks only from production to sale.

S N Mohanty, former CEO, FSSAI, said, “There will be no clash of interest between Excise department and FSSAI, because our work will be to issue licences to and register the FBOs which deal with the business of standard alcoholic drinks and wines. All FBOs may need to apply for licences and registration to the authorities at the Centre or state/Union Territory as per their capacity turnover.”

He added, “The other issues like revenue, trade, etc. will be dealt by the Excise departments of states and Union Territories. So there is clear-cut demarcation of the activities and no conflict in jurisdiction.”

Ganesh Naik, state excise minister, Maharashtra said, “We will be working in collaboration with FSSAI and the reason there will be no conflict in working of both authority.”

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FDA PROPOSES CRUCIAL FOOD-SAFETY RULES UNDER FSMA

January 4,2013

WASHINGTON—The U.S. government on Friday proposed two major rules under a landmark food-safety law aimed to prevent foodborne illnesses that claim thousands of American lives each year.

"We really need to do more than react after the fact," Margaret Hamburg, Commissioner of Food and Drugs for the U.S. Food and Drug Administration (FDA), said Friday during a conference call with the media to discuss the proposals.

FDA has proposed the measures under the 2-year-old Food Safety Modernization Act (FSMA), which President Obama signed into law on Jan. 4, 2011. The rules affect food manufacturers and farmers, focusing on prevention of Salmonella, E. coli and other foodborne illnesses that the Centers for Disease Control and Prevention (CDC) estimates impact 1in 6 Americans every year.

“FDA’s proposed regulations on preventive controls and fresh produce form the cornerstone of FSMA," said attorney Joe Levitt, a partner with Hogan Lovells and the former Director of FDA’s Center for Food Safety and Applied Nutrition, in a statement. "They get to the very heart of the new law’s paradigm shift from reaction to prevention."

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