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Shruti Gupta

Shruti Gupta | Updated: Apr 06, 2020 | Category: FSSAI

Frequently asked questions about Enforcement of FSS ACT

What is the FSS Act?

  • FSS Act stands for Food Safety and Standard Act.
  • FSS Act came into force in the year 2006.
  • The Act extends to the whole of India.
  • The main objective of the Act is to establish the food authority (under section 4 of the Act) which can form the standards, rules, and regulation in order to regulate the manufacturing, processing, storage, sale, distribution, repacking, relabeling, transportation, import, and export of food for human consumption. 
  • Any person or entity engaged in the food business has to obtain the license, as per section 32, under this Act.

Why is the FSS Act enforced?

  • To strengthen the laws related to food.
  • To certifies the quality of the food business and its products.
  • To conduct an inspection of the premise where the food business operates.
  • To set up the food laboratories for checking the food samples.
  • To ensure public safety with respect to food consumption.
  • To spread the food-related awareness.
  • To instigate a single statutory body for food laws.
  • To regulate one agency in order to remove the doubts and confusion from the mind of food business operators in respect of multiple food laws.
  • To issue important guidelines for food business
  • To check the contamination and adulteration in the food.

Explain the situation before and after the enforcement of the FSS Act 2006

enforcement of the FSS Act

 Before the enforcement of the FSS Act 2006

  • There were multiple authorities for the regulation of food laws.
  • The presence of food adulteration
  • No inspection and control by the concerned authority
  • There was insufficient enforcement personnel 

After the enforcement of the FSS Act 2006

  • The is only one authority to regulate the food laws
  • More safety 
  • The authority is established for monitoring surveillance
  • There are full-time Food Safety officers 

Who is responsible for the implementation and enforcement of the FSS Act, 2006?

  • Food Safety and Standards Authority of India is the food authority in India, which is established on 5th September 2008, and responsible for the implementation and enforcement of the FSS Act, 2006.
  • It is established under the Ministry of Health & Family Welfare, Government of India.
  • It is a body corporate having  perpetual succession and a common seal
  • The head office of the food authority is in New Delhi and may establish its office at any place in India.

COMPOSITION OF FOOD AUTHORITY

Chairperson

  •   Shall not hold any other office
  • appointed by the Central Government  should have 
  • the knowledge in the field of food science  
  • either holding or has held the position of not below the Secretary to the Government of India.

Twenty Two members out of which one-third shall be women

  • Seven members-appointed by the central Government but not below the rank of the Joint Secretary to the Government of food industries.
  • Two members-representative from the food industry
  • Two members– representative of consumer organization
  • Three members-food technologists or scientists
  • Five members-appointed on a rotational basis in every three years 
  • Two members-representative of farmer’s organization
  • One member– representative of the Retailer’s organization

What are the functions of regulatory authority/food authority for the enforcement of FSS Act?

Functions of the food authority are:-

  1. The Food Authority shall monitor and verify that all the required laws shall be followed by the food business operators at all stages of the food business. 
  2. The food safety shall be appointed to conduct an inspection and issue licenses.
  3. The authorities shall control the public communication on food safety and risk, food safety surveillance. 
  4. The Food Safety Officers shall execute the duties assigned under the act.
  5. The authority shall provide the directions to the Food Safety Commissioner.
  1. What is the system requires for enforcing the FSS Act, 2006?

The food business operator has to obtain the license under the FSS Act, 2006 before commencing the food business. There are three types of registration in this system:-

three types of registration

1.Basic Registration

Who applies under this category?

  • Those who are having the turnover of less than rupees 12 lakhs per annum.
  • Petty Retailer of snacks/tea shops
  • Hawker (Itinerant/mobile food vendor)

2.State Registration

Who applies under this category?

  • Those who are having the turnover of more than rupees 12 lakhs but below 20 crores.
  • Those who are having the production capacity of less than 2 MT per day.
  • Those who are having the vehicles/wagons less than 100 or turnover upto 30 crores.(transport business)
  • Those who are having vending machines less than 100 in one state (food vending agencies)
  • Those whose 
    • Storage (cold/ refrigerated) capacity is upto 10,000 MT
    • Storage (controlled atmosphere + cold) capacity is upto 1000 MT,
    • Storage (except controlled atmosphere and cold) is upto 50,000 MT

3.Central Registration

Who applies under this category?

  • Those who are having the turnover of more than rupees 20 crores.
  • Those who are having the production capacity of more than 2 MT per day.
  • Those who are having vehicles more than 100/wagons or turnover more than rupees 30 crores.(transport business)
  • Those who are having vending machines more than 100 or in two or more states (food vending agencies)
  • Those whose 
    • Storage (cold/ refrigerated) capacity is more than 10,000 MT
    • Storage (controlled atmosphere + cold) capacity is more than 1000 MT,
    • Storage (except controlled atmosphere and cold) capacity is more than 50,000 MT
  • Importer/Exporter
  • E-commerce

Renewal of the license under the FSS Act

  1. For renewal of the license, apply one month before the expiry date.
  2. If the renewal is applied in the month prior to the expiry date, then there will be a penalty of Rs. 100/ per day.
  3. Once the license is expired, it can’t be renewed.
  4. In the case renewal, the applicant cannot make the changes in the details specified on the existing license.

Modification of the license under the FSS Act

  1. The applicant goes for the modification for making the changes in the existing details on the license.
  2. For the modification, applicant should aware of the login credentials through which he has applied for his earlier license.
  3. After login, apply for a modification and go through the process, which is the same as the process for a new license.
  4. Once the application goes into modification, it has to proceed otherwise; it will be rejected.
  5. Fees of modification-
    1. Basic Registration-Rs.100/-
    2. State Registration-Rs. 2000/-
    3. Central Registration-Rs.7500/-

Suspension of the license under the FSS Act 

If the food business operator is not able to comply with the provision of the FSS Act the

Designated Authority will suspend the license.

What is the procedure for changing the rules and regulations or standards under the FSS Act?

  • As change is the ongoing process. So, rules and regulations keep on changing with time.
  • The required amendments shall be placed before the Scientific Panel and Scientific Committee for their suggestions.
  • The draft of amendment shall be approved by Food Authority and Central Government.
  • The time period of 60 days has been given for sending the comments to FSSAI by persons who are likely to be affected by such amendments.
  • The comments received on the draft shall be examined by the department.
  • The final notification will be published in the Gazette of India by defining the date of its implementation.

What are the responsibilities of Food Business Operation while enforcing the FSS Act?

  • Ensure the article of food is safe
  • Follow the rules and regulation made thereunder at all the stages of his business.
  • To obtain the license
  • No employment of a person who is suffering from any infection or disease
  • To issue a bill or invoice in respect of the sale of food.
  • To meet the requirements of the Act
  • Not to sale product after the expiry date
  • To keep the product under the hygiene conditions 
  • There should be no misbranding

How can a customer raise his complaints or grievances in relation to the enforcement of the FSS Act?

  • Helpline (Toll-Free) – 1800112100
  • FSSAI APP 
  • Email i.e. [email protected]
  • WhatsApp/SMS 
  • Facebook 
  • Twitter 
  • Walk-in with prior appointment 

What are the penal consequences for not enforcing the FSS Act?

  • Penalty from Rs.1,00,000/- or
  • Lifetime imprisonment depending upon the offences under FSS Act,2006

CONCLUSION

The enforcement of the FSS Act 2006 is one of the best decisions taken by the Government of India to consolidate all the food laws and unified them under one law. The Act provides transparency, safety and quality in food business, which ultimately raised the trust of the customers.
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Shruti Gupta

Shruti Gupta

Shruti Gupta is an experienced Company Secretary. Apart from that she did her graduation (B.com hons), post graduation (M.com) from Delhi University and LLB.


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