The FSS (Food Products Standards and Food Additives) Regulations 2011 through its Sub regulation 2.2.1(24) have specified the standards for Multi source edible oils.
It has been stated that an admixture of any two edible vegetable oils where the proportions by weight of any edible vegetable oil used in the admixture shall be less than 20 per cent. The individual oils in the blend should be in compliance with the standards prescribed in the regulations.
Sub regulation 2.1.1 of the FSS (Prohibition and Restriction on sale) Regulations 2011 states that notwithstanding the provision of 2.7 of labelling and packaging regulations, no person shall either by himself or by any servant or agent sell any multi source edible vegetable oil containing mustard oil manufactured on or after 8th June 2021.
It is clarified that restrictions are not applicable to a blend of edible oils intended to be used as an intermediate product (ingredient pre-mix) in the manufacture of other products by other food businesses. In compliance with the following conditions;
Such a blend of multiple edible oils should not be sold in the retail market and a clarification by a food business operator to this effect (such as ‘Not for retail sale’ / “For use as a pre-mix in formulating a product’) should be suitably identifiable with the product.
Both the manufacturer and user of such ingredient pre-mix shall maintain all records in respect of their inventory and produce the inventory records as and when sought by the Food Authority.
It is also clarified that such blends, since intended for intermediary use, shall be licensed under Category 99 (99.1).
The amendment regulation 2021 came with several changes in the re-operationalization of Food Safety and Standards (Licensing and Registration of Food Business).
FSSAI’s Amendment Regulation on Re-operationalization of Licensing and Registration of Food Businesses
To reckon, as per section 92 of Food Safety and Standards Act 2006, (34 of 2006), FSSAI had framed the Food Safety and Standards (Licensing and Registration of Food Business Amendment Regulations 2018 which was approved by food authorities on 21 September 2017.
A quick look at the amendments in regulations related to the following sections;
Section I: Licensing and Registration of E-commerce food business operator
Section II: Documents to be enclosed for new application for license to State /central licensing Authority for restaurant
Section III: Conditions of license for restaurant
Section IV: Part II of schedule 4 relating to general requirements on Hygiene and sanitary practices to be followed by all the food business operators applying for license.
Section V: Part IV of schedule 4 relating to establishing a small slaughterhouse.
Section VI : Part V of schedule 4 relating to good hygienic and manufacturing practices to be followed by licensed food business operators engaged in catering or food business operations.
These regulations were operationalised in exercise of the power vested with the food authority under section 18 (2) (d) read with section 16 (5) of the Food Safety and Standards Act 2006 with effect from 15.02.2018 and subsequently re-operationalized w.e.f 16.08.2018 , 28.02.2019 and 28.08.2019 , 16.02.2020 , 16.08.2020 & 19.03.2021 respectively. Some other provisions of these regulations were also operationalized vide direction dated 16.11.2020 and 05.04.2021.
The draft regulations were notified on 17.11.2020 inviting comments from stakeholders and are currently under the process of finalization. Since the notification of the final amendment regulation is likely to take some time. It has been decided to re-operationalise the food safety and standards (Licensing and Registration of food business) Amendment Regulations 2021 as enclosed herewith with effect from 16.08.2021 to ensure food safety and fair practices in food business operations.
The food business operators shall follow these regulations and the enforcement of these regulations shall commence only after the final regulations are notified in the Gazette of India except the amendment in sub regulations 2.1.9 which has already come into effect from 27th March 2020 and in so far as schedule 4 requirements are concerned if required improvement Notice under section 32 of the Food Safety and Standards Act 2006 may be issued to Food Business Operators and accordingly action may be taken for compliance of these requirements.
This issues with the approval of the Competent Authority in exercise of the power vested under Section 18(2) (d) and 16(5) of Food Safety and Standards Act 2006.
According to FSSAI, Food business operators shall follow the revised regulations. The enforcement of these regulations shall commence only after the final regulations are notified in the Gazette of India, except the amendment in sub- regulation 2.19 which shall come into force with immediate effect. Any non- compliance w.r.t. schedule-4 of these regulations may be addressed by issuing Improvement Notice under Section 32 of the Food Safety and Standards Act, 2006 for further compliance with immediate effect.
The amendments as framed in the Food Safety and Standards (Licensing and Registration of Food Businesses) Amendment Regulations may be accessed from the FSSAI website FSSAI.GOV.IN
The FSS (Food Products
Standards and Food Additives) Regulations 2011 distinctly specify standards for
Coffee and Coffee-Chicory mixtures.
Accordingly, the coffee content in the Coffee-Chicory
mixture shall not be less than 51 per cent by mass and every package containing
a mixture of coffee and chicory.
Moreover, the percentage content of Coffee and Chicory must be declared on its
label in compliance with the FSS (Packaging and Labelling) Regulation 2011.
Besides, pre-packaged food shall not be described or presented on any label or
in any labelling manner that is false, misleading or deceptive or is likely to
create an erroneous impression regarding its character in any respect.
Further,
the FSS(Advertising and Claims) Regulations, 2018 stipulates that the term
“pure” shall only be used to describe a single ingredient food to which nothing
has been added.
Obtrusively, the products available in the market are in
violation of the above FSSR provisions and are either depicting Coffee-Chicory
mixtures as Pure Coffee or are not declaring percentage content of coffee and
chicory separately in the mixtures.
Suffice to say that it is crucial to ensure
necessary compliance of the above FSSR provisions for all such products and
take appropriate regulatory action against the FBOs for violating the FSS
regulations w.r.t. standards of coffee and coffee-chicory mixture.
FSSAI Directions Regarding Food Category for Sweets Snacks and Savouries for Licensing
FSSAI has issued an order dated 19 July 2021 regarding Food Category for Registration / Licensing of FBOs manufacturing Indian Sweets and Snacks & Savouries.
FSSAI has received several representations from Industry Associations regarding difficulties being faced by various small and medium scale manufacturers/ packers of Indian Sweets and Snacks & Savouries products due to unavailability of standards of these products under such Food Safety and Standards Regulations. As a result, such small and medium food business operators are required to obtain the central license under the proprietary food products, which is not only costly but also entails onerous compliances for the said category.
In order to ease out the licensing / registrations for such small and medium food businesses manufacturing Sweets and Snacks & Savouries, the FSSAI has decided to assign the Food Product Category 18 in the Food Safety Compliance System (FoSCoS) under ‘General Manufacturing’ Kind of Business. This will enable such FBOs involved in manufacturing of Indian Sweets and Snacks & Savouries to apply for registration, State License or Central License, as per the eligibility criteria based on their production capacity and turnover. Detailed categorisation of Food Product Category 18 is as below.
18: Indian Sweets and Indian Snacks & Savouries Products
18.1 Indian Sweets
18.1.1 Milk based Sweets
18.1.1.1 Khoa based Sweets
18.1.1.2 Chhana based Sweets
18.1.1.3 Fermented milk products based Indian Sweets
18.1.1.4 Other composite milk products based Indian Sweets
18.1.2 Cereal or pulses flour/starch-based Sweets
18.1.2.1 Cereal based Sweets
18.1.2.2 Pulses based Sweets
18.1.2.3 Starch based Sweets
18.1.3 Dry Fruit and nuts-based Sweets
18.1.4 Indian Confections
18.1.5 Fruit and Vegetables based Sweets
18.2 Indian snacks & savouries products
18.2.1 Cereal or pulses flour/ Starch based snacks & savouries
18.2.2 Fruit and vegetable-based snacks & savouries
18.2.3 Dry fruits and nuts-based snacks & savouries
18.2.4 Ready to eat and Ready to cook products
Note: Detailed descriptors of these categories are given at Annexure I
It is clarified that the above-mentioned Food Product Category 18 shall not be applicable to those products whose standards have already been defined by FSSAI and mapped in Food Safety Compliance System under Food Products Category 01-14 for Licensing and Registration purpose.
Further, while applying FSSAI registration/license for the above food category/products, FBOs shall take note of the following:
The food product categories mentioned at para 2 above, shall be allowed for registration/licensing as per the eligibility criteria as given in the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.
The food products under sub categories under 1 Indian Sweets shall be allowed to use the additives of applicable categories as specified in Table 1 of Annexure II and the food products under sub categories under 18.2 Indian Snacks & Savouries Products shall be allowed to use the additives of applicable categories as specified in Table 2 of Annexure II. With regard to the GMP table, all additives allowed at GMP may also be allowed in products covered under these categories.
Any FBO who is manufacturing any Indian Sweets and Snacks & Savouries which is already licensed under proprietary food need not to get their license modified to license under these new categories.
Further any FBO, whose product does not fall under FPC 18 Indian Sweets and Indian Snacks & Savouries, shall be licensed under proprietary foods as per the pre-existing categories.
The other FBOs such as caterers, restaurants and other food services which serve/sell fresh unpackaged Sweets/Snacks & Savouries at their premises shall obtain registration / license as per the existing food categories as per their eligibility. It is clarified that, FBOs selling pre-packaged Sweets/Snacks & Savouries, shall obtain license for General Manufacturing Kind of Business under FPC 18 as per eligibility criteria.
Contaminants including heavy metals and Pesticide residues: as specified for the category “Foods not specified’ under Food Safety and Standards (Contaminants, Toxins and Residues) Regulation, 2011 shall be applicable for the products covered under these categories.
Microbiological requirements as per Appendix-B of Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 – as specified for the base product which is used in the preparation of Sweets and Snacks & Savouries shall be applicable for the products covered under these categories. For example- Major raw material- Milk in Milk based Sweets.
Aflatoxin/DON/NOTs as per Food Safety and Standards (Contaminants, Toxins and Residues) Regulation, 2011: as specified for the base product which are used in the preparation of Sweets and Snacks & Savouries shall be applicable for the products covered under these categories. For example- Nuts used in the preparation of snacks.
At present, Food Product Category 18 is created for the purpose of Licensing and Registration of Food Businesses for the Indian Sweets and Indian Snacks & Savouries (as mentioned) and sub-categories of FPC 18 have been mapped with existing sub-categories of FPC 1 to 16, so that the testing of horizontal standards can be performed. The vertical standards of food products will be finalised and notified in due course.
FBOs involved in Kind of Businesses other than manufacturers and having Food Product Categories under following categories shall be allowed to conduct their food business activities for the products covered under FPC 18 without modifying their existing license.
01-Dairy products and analogues, excluding products of food category 2.0
04-Fruits and vegetables (including mushrooms and fungi, roots and tubers, fresh pulses and legumes, and aloe vera), seaweeds, and nuts and seeds
05-Confectionery
06-Fruits and vegetables (including mushrooms and fungi, roots and tubers, fresh pulses and legumes, and aloe vera), seaweeds, and nuts and seeds
15-Ready to eat Savouries
16-Prepared Food
Annexure -1
FOOD CATEGORY DESCRIPTIONS
18.1 Indian Sweets
Sweets also known as Mithais in India are the products originating from Indian heritage and culture and may be prepared using a number of ingredients namely, sugar, jaggery, honey, milk, dry fruits, nuts, cereals and their flour or starch, pulses and their flour, fruits, vegetables, spices, edible vegetable oil, ghee in various forms, styles or consistencies. The common names are Halwa, Mysore Pak, Boondi Ladoo, Jalebi, Khoya Burfi, Peda, Gulab Jamun, Rasogolla and similar sweets sold by any name, etc. These products may be prepared by various processing methods including concentration, frying, coagulation by heat or acid or any other appropriate method as per the intended use of the product.
18.1.1 Milk based Sweets
Includes dairy based Indian sweets which may or may not be flavoured.
18.1.1.1 Khoa based Sweets
Includes Indian sweets prepared from milk concentrated or partially desiccated, khoa (cow or buffalo milk concentrated by boiling), sugar or Artificial sweetener, wheat flour, edible vegetable oil, ghee, spices and other ingredients. Examples include– Rabri, Basundi, Milk cake, Peda, plain burfee, Dhoda burfi, Singori and other similar products sold by any other name.
18.1.1.2 Chhana based Sweets
Includes sweets prepared from heat and acid coagulated milk products (milk – heat coagulated aided by acids like citric acid, lactic acid, malic acid, etc), chhana (cow or buffalo milk, heat coagulated aided by acids like citric acid, lactic acid, malic acid, etc), sugar or Artificial sweetener, spices and other ingredients. Examples include chenna/channa based sweets sold by name of Bengali sweets, i.e.,Cham cham, Raj bhog, Ras malai, Rasogolla, Rasbhari, etc., Chhana toast, Khirmohan and other similar products sold by any other name.
18.1.1.3 Fermented milk products based Sweets
Includes sweets prepared using appropriate cultures to ferment the milk at specific temperature and for specific duration along with other ingredients.
18.1.1.4 Other composite milk products based Sweets
Includes those milk-based sweets which are a mix of milk and other ingredients and does not fall under any of the above defined categories. For example- Rice Kheer, Firni, Makhana kheer, payasam, and other similar products sold by any other name.
18.1.2 Cereal or pulses flour/starch based Sweets
Includes Indian sweets containing cereal and/or pulses flour, starch or grain as the main ingredient.
18.1.2.1 Cereal based Sweets
Cereals (including millet) or starch-based sweets and starchy pudding based desserts, cereal based desserts and may contain sugar or artificial sweetener, wheat flour, edible vegetable oil, ghee, spices and other ingredients. Includes Jalebi, Suji halwa, tapioca halwa, Modak, Malpua, Ghewar, Gur shakkar para, Paotharekulu, Ariselu/Arsa/Adhirasam), Gujiya/Kajjikaya, puran poli/bobattu, Gud papdi/Gol papdi, Balu shahi, Gavvalu, Shankarpali, and other similar products sold by any other name.
18.1.2.2 Pulses based Sweets
Includes pulses (legumes and lentils) or pulses flour/starch based sweets and may contain sugar or Artificial sweetener, wheat flour, edible vegetable oil, ghee, spices and other ingredients. Soan papdi, moong halwa, Mysore pak, Patisa, besan laddoo, motichoor ladoo, chana dal burfi, Sunnundalu, boondi laddoo, moong dal halwa, Gud chana and other similar products sold by any other name.
18.1.3 Dry Fruit and nuts based Sweets
These are the products prepared from dry fruits, viz and may contain sugar, jaggery and nuts, ghee, and other ingredients. Examples include Kaju katli, kaju barfi, Badam burfee, Badam Halwa, Pista halwa, Pista- Badam Halwa and other similar products sold by any other name.
18.1.4 Indian confections
These are the products prepared from sugar, jaggery and may contain dry fruits, nuts like peanuts, ghee, and other ingredients. Examples include Chikki, Gajjak, Til kut barfi, Til rewari and other similar products sold by any other name.
18.1.5 Fruit and Vegetable based Sweets
Includes sweets made from fruits and vegetables (roots and tubers also) and may contain sugar or Artificial sweetener, wheat flour, edible vegetable oil, ghee, spices, sesame seeds and other ingredients. Examples include- Petha (Dry, angoori, Kalam, kesar), Gajar halwa/Gajrela, Gajar pak, Gajar burfee, Lauki halwa, Coconut burfee and other similar products sold by any other name.
18.2 Indian Snacks & Savouries Products
Indian snacks also known as Namkeens are the products originating from Indian heritage and culture and are prepared using a single or mixture of number of ingredients and may be available in various forms.
18.2.1 Cereal or pulses flour/ Starch based Snacks & Savouries
Includes all savoury snacks, with or without added flavourings prepared from cereal or pulses (legumes and lentils) and/or their flour or starch, and may contain other ingredients like potatoes, salt, sugar, edible vegetable oil, dry fruits, vegetable, peanuts, spices and condiments, nuts and seeds as per the intended use of the product.
Example includes Bhujia, bundia, Channa Jor Garam, Papads, khari, kara, murukku, namakpara, chiwda, palakayalu, ribbon or thattupakoda, dalmoth or mixtures, soya nuts, nimki, fali (e.g. cholafali), uppuseedai, appam, bhel-mix, Sev, Sev fried Dal, Gathiya, shankarpali, farsan, Kachori, kurmura, murmura, papadi, crisps, chakli, Chiwda, Poha, Kheel etc. Also, includes namkeen mix/mixtures like khatta- meetha, cornflake mix, navratan mixture etc. and similar products sold by any other name.
18.2.2 Fruit and vegetable based Snacks & Savouries
Include namkeens made from fruits and/or vegetables and may contain other ingredients like salt, sugar, edible vegetable oil, dried fruits, peanuts, spices and condiments, nuts and seeds as per the specific product. Examples include- Banana chips, Potato based aloo Bhujia, Aloo chips, cassava chips and other similar products sold by any other name.
18.2.3 Dry fruits and nuts based Snacks & Savouries
Includes all types of snacks prepared from whole nuts, and nut mixtures, either in-shell or shelled, salted or unsalted and may contain sugar, edible vegetable oil, ghee, spices and condiments, herbs and seeds as per the specific product.
18.2.4 Ready to eat and Ready to cook products
Include snack/savoury products not included in the above sub-categories of the category Indian namkeens (18.2). These products are mixtures of multiple components (e.g., cereal and/or pulses flour, sauce, grain, vegetables, fruits and other ingredients as per the specific products; the components are included in other food categories. These products require minimal preparation by the consumer (e.g., heating, thawing, dehydrating), It also includes mixes/premixes of such Indian products like Instant mixes such as pongal mix, pullyogare mix, vada mix, etc. Examples include pav- bhaji, ready-to-eat dishes, biryani curried rice and similar products sold by other names.
