FSSAI : Capping of penalties due to delay in submission of Annual Returns.

 FSSAI : Capping of penalties due to delay in submission of Annual Returns.

Non-submission of FSSAI’s Annual Returns attracts a monetary penalty, but this penalty had no upper capping earlier.

FSSAI has issued a new order regarding the upper capping on the monetary penalty that will reduce the burden on FBOs owing to the accumulated penalties.

To facilitate the ease of doing business, FSSAI has capped the maximum amount of penalty levied due to non-submission of Annual Returns.

"Any delay in filing return beyond 31st May of each year shall attract a penalty of Rs 100/- per day for delay till the date of filing of the return. The maximum penalty that can be levied shall not exceed 5 times the annual fees of the license."

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FSSAI issues detailed graphic specification of Vegan Logo

Vegan Logo

 Food Safety and Standards Authority of India (FSSAI) has drawn reference
to Food Safety and Standards (Vegan Foods) Regulations, 2022  gazette notified on 10th June, 2022 and came in force w.e.f. its publication in the official Gazette.

FSSAI as per the sub-regulation 5(2) of FSS (Vegan Foods) Regulations, 2022 issued “Guidelines dated 25th July, 2022 for submission of applications for endorsement of vegan logo and formats” for the approval from the Authority.

FSSAI has clarified that upon approval of the application as per Form B, the Food Business Operators are eligible to use the vegan logo. The sub-regulation 4(2) of the FSS (Vegan Foods) Regulations, 2022 states the following­ “Every package of vegan foods, after the approval, shall carry the logo as specified below”.

In reference to the above, the detailed graphic specification of the Vegan logo is placed at the Annexure-1. Notably the above directions have been issued with the approval of the Competent Authority in exercise of the power vested under Section 16(5) of Food Safety and Standards Act, 2006

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FSSAI Amends Labeling and Display Amendment Regulations 2021

 The Food Safety and Standards Authority of India (FSSAI)  came up with a Gazette Notification of Food Safety and Standards (Labeling and Display) Amendment Regulations 2021 with amendments in font size and exemptions etc.

The Food Safety and Standards Authority of India hereby makes the following regulations further to amend the Food Safety and Standards (Labelling and Display) Regulations, 2020, namely: - 

1. (1) These regulations may be called the Food Safety and Standards (Labelling and Display)         First Amendment Regulations, 2022. 

    (2) They shall come into force on the date of their publication in the Official Gazette. 

2. In the Food Safety and Standards (Labelling and Display) Regulations, 2020 (herein after refer as said regulations), - 

        (1) in regulation 5, - 

            (i) in sub-regulation (3), - 

         (a) in clause (b)(ii) (C), - 

        (A) for second proviso, the following proviso shall be substituted, namely: - “Provided that              saturated fat and trans fat to be given only if total fat content is more than 0.5% in                     final food.” 

        (B) after the second proviso, the following proviso shall be inserted, namely: - 

                “Provided further that cholesterol content to be given only for products containing                     fats of animal origin and where total fat content is more than 0.5%.” 

            (b) for clause (c) (xi), the following shall be substituted, namely, - 

                 “(xi) Chewing gum and bubble gum”; 

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FSSAI’s Gazette Notification on Prohibition and Restriction on Sales Second Amendment Regulations 2022

 

Food Safety and Standards Authority of India have released The draft of the Food Safety and Standards (Prohibition and Restrictions on Sales) Amendment Regulations, 2021, were published by Food Safety and Standards Act, 2006 (34 of 2006). The  vide notification of the Food Safety and Standards Authority of India, F.No.Stds./03/Notification(IFR)/FSSAI -   2017(part-3), published in the Gazette of India, Extraordinary, part III, Section 4, dated the 06th September, 2021. The objections and suggestions from all persons likely to be affected have been invited before the expiry of the period of sixty days from the date on which the copies of the Official Gazette containing the said notifications were made available to the public;

Notably,  the  copies  of  the  said  Gazette  were  made  available  to  the  public  on  the 08th September, 2021 .FSSAI has considered the suggestions received from the public.

Consequently, in exercise of the powers conferred by sub-section (2) of section 92 of the Food Safety and Standards Act, 2006 (34 of 2006), the Food Safety and Standards Authority of India makes the following regulations to amend the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, namely: –

Regulations

• Short title and commencement. – 

1.  These regulations may be called the Food Safety and Standards (Prohibition and Restrictions on Sales) First Amendment Regulations, 2022.
2. They shall come into force on 1st April, 2023.

•  In  the  Food  Safety  and  Standards  (Prohibition  and  Restrictions  on  Sales)  Regulations,  2011 (hereinafter referred as said regulations), –

1. In regulation 2.3, in sub-regulation 2.3.14, for clause (4), the following shall be substituted, namely: –

“No person shall manufacture, sell, store or exhibit for sale food for infant nutrition, except under Bureau of Indian Standards (BIS) Certification Mark, wherever BIS standards are available”.

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FSSAI Clarifies Standards of Hypoallergenic Infant Milk Substitutes

Food Safety and Standards Authority of India (FSSAI) with the approval of all the Competent Authority has clarified the standards of hypoallergenic infant milk substitutes specified under Food Safety and Standards (Foods for Infant Nutrition) Regulations, 2020.

The apex body of Food Safety has drawn reference to the Food Safety and Standards (Foods for Infant Nutrition) Regulations 2020 published in Gazette of India on 4th December, 2020. The regulations throw light on standards for infant food including hypoallergenic infant milk substitutes. Notably, the date of compliance of these regulations was extended up to 01″ April, 2022.

Consequently, in this regard a direction dated 30.06.2021 was issued to allow the import of two Hypoallergenic Conditions (i.e. severe allergy due to multiple food protein intolerance that cannot be effectively managed by extensively hydrolyzed formula, and cow milk protein allergy) till 31.03.2022.

FSSAI has further clarified that regulation 15(1)(a) of ibid Regulations already covers hypoallergenic infant milk substitute products based on extensively hydrolyzed whey protein or casein or free amino acids. Hence two hypoallergenic conditions mentioned above are included in the regulations. 

The Food Business Operators (FBOs) should fulfill the standards of hypoallergenic infant milk substitute as specified under the above mentioned regulations which will come into effect on 01″ Apri1, 2022.

View FSSAI document

FSSAI’s Directions on Extension of Validity of the NOC for Alcoholic Beverages

In order to facilitate trade and ease of doing business reforms the Food Safety and Standards Authority of India(FSSAI) has decided that for the imported consignments of alcoholic beverages bottled in origin & in bulk, containing more than 10 percent alcohol which does not have an expiry date. 

The NOC issued as per the FSS (Import) Regulations, 2017 shall have a validity of 300 days. For consignments lying at ports/Customs area beyond 300 days, on payment of visual inspection fee, visual inspection may be carried out for revalidation of NOC.

The directions shall be valid till further orders in this regard. The decision has been taken with the approval of Competent Authority in exercise of the power vested with Food Authority under Section 16(5) of the FSS Act, 2006.


View document : FSSAI.

FSSAI issues Gazette Notification on Amendment Regulations Related to Sampling of Food Imported for Production of Value Added products for 100 per cent exports

Food Safety and Standards Authority of India, with the previous approval of the Central Government has made the following regulations, further to amend the Food Safety and Standards (Import) Regulations, 2017. 

“the articles of food or ingredients or additive imported by the manufacturers or processors for their captive use or production of value added products for hundred per cent exports; or the consignments of articles of food or ingredients or additives imported by the firms or companies for use of their sister concerns or wholly owned subsidiary companies, to be used for hundred per cent export production subject to a defined relationship agreement between the two entities in this behalf and accompanied with Sanitary/Health Certificate issued by the Competent Authority of an exporting country”;

To read the entire regulations click on the link below;

Source: FSSAI

FSSAI Extends Date of Compliance of Foods for Infants with Inborn Errors of Metabolism (IEM)

The Food Safety and Standards Authority of India (FSSAI) along with the approval of Competent Authorities has extended the timeline for compliance of standards for Infants with Inborn Errors of Metabolism (IEM) specified under Food Safety and Standards(Foods for Infant Nutrition Regulations 2020. The date is extended up to 01st April 2022.

Notably, in this regard, a direction dated 30.06.2021 was issued to allow the import of  food products for IEM conditions till 31.03.2022. Significantly, the regulation 16(1)(e) of the above mentioned regulations states that “ the food Authority shall specify the IEM conditions as approved by it after undertaking proper scientific evaluation. 

No Food Business Operator (FBO) shall manufacture, sell, market, or import products  for IEM conditions except those specified by the food authority from time to time”.  

In exercise of the power mentioned in the regulation 16(1) (e) as above, the Food Authority has approved the list of IEM conditions as per Annexure I. The list will come into effect from 01″ April, 2022. Till such time, the direction issued on 30.06.2021 will continue to be in force.

 Click on the link below to read the  list of  Inborn errors of Metabolism(IEM) Conditions.

Source : FSSAI Document

FSSAI on Declaration of Percentage Contribution to Recommended Dietary Allowance

Food Safety and Standards Authority of India(FSSAI) has drawn reference to the Sub-Regulation 5(3)(b) of Food Safety and Standards (Labeling and Display) Regulations, 2020, which stipulates labeling of Nutritional Information per 100g or l00ml or per single consumption pack of the product and per serve percentage (%) contribution to Recommended Dietary Allowance calculated on the basis of 2000kcal energy, 67 g total fat, 22 g saturated fat, 2 g trans-fat, 50 g added sugar and 2000 mg of sodium (5 g salt) requirement for average adult per day, on the label.

The apex body of food safety has received several representations from stakeholders  regarding declaration of percentage (%) contribution to RDA in case of foods targeted for specific age groups and this concern is under consideration of sub-group constituted by FSSAI.

Significantly,  the enforcement of FSS (Labeling & Display) Regulation would begin from 1″ July, 2022. It has been clarified that foods which are targeted to a specific age group or physiological condition respective RDA’s may be considered for declaring per serve percentage (%) RDA – as per the direction F.No. Stds/SP–05Orders FSSAI dated 2″August, 2021 – issued based on the recommended dietary allowance specified by the Indian Council of Medical Research.

The directions have been issued with  the approval of Competent Authority in exercise of the power vested with Food Authority under section 16(5) of FSS Act, 2006.

Click here to read the FSSAI document

FSSAI to take stringent action against Malpractices in Disposal of Used Cooking Oil.

 Food Safety and Standards Authority of India (FSSAI) has issued a Standard Operating Procedure on Regulatory action against malpractices in disposal of used cooking oil.

 The Apex body of food safety has drawn reference to order no 1-2/Stds/O&F/Notification n (II)/FSSAI-2018 dated 06.05.2019 regarding enrolment of Biodiesel plants under Repurpose Used Cooking Oil (RUCO) initiative for collection of Used Cooking Oil (UCO) from Food Business Operators.

Meanwhile,  FSSAI is also initiating a similar enrollment process for manufacturers of soap, lubricants, etc. It has stated that it is indispensable to ensure that the UCO collected by the FSSAI enrolled biodiesel plants, manufacturers of soap, lubricant, etc is utilized only for preparation of the intended product and not redirected to the food supply chain.

FSSAI has taken decision along with the approval of all the Competent Authorities that in case of any malpractice is observed against the FSSAI enrolled biodiesel plants, manufacturers of soap, lubricant, etc and/or their aggregator/collection agency then suitable regulatory action must be taken against them by regulatory officials.

 Similar actions are required in respect of FBOs not disposing of UCO as per the directions issued by FSSAI. It has been notified that the regulatory officials may refer to the SOP on Regulatory Action against Malpractices in Disposal of UCO at Annex A for taking suitable action against the non-compliant FSSAI enrolled biodiesel plants, manufacturers of soap lubricant, etc, their aggregators and FBOs.

To read the complete SOP on regulatory action against malpractices in Disposal of Used Cooking Oil, click on the link below.

Click here to read/download the document.