FOOD SAFETY AND STANDARDS IN INDIA:

A COMPREHENSIVE ANALYSIS

 

AUTHORED BY: TUSHAR SHANKAR

KIIT School of Law, Bhubaneswar

Student, B.SC. LL.B (Taxation Law Hons.)

 

 

ABSTRACT

This paper focuses on the critical issue of food safety and its governance in India. With a population exceeding 1.3 billion, ensuring the safety and quality of food consumed by its citizens is of paramount importance. The Food Safety and Standards Authority of India (FSSAI) plays a central role in regulating and enforcing food safety standards in the country.

 

The paper begins by providing an overview of the Food Safety and Standards Act, 2006, which serves as the primary legal framework for food safety management in India. It examines the key provisions of the Act, including the establishment of the FSSAI, its functions, powers, and responsibilities. The Act also outlines various food safety standards, labeling requirements, and penalties for non-compliance.

 

Furthermore, the paper explores notable case laws that have shaped the food safety landscape in India. It highlights key judicial decisions that have reinforced the importance of adhering to food safety regulations and upholding consumer rights. These cases have played a crucial role in setting precedents, establishing accountability, and ensuring compliance with food safety standards.

 

The paper also sheds light on the challenges faced in ensuring consistent compliance with food safety regulations across the diverse food supply chain in India. It discusses the complexities associated with quality control, storage, transportation, and handling practices at each stage of the supply chain. The need for enhanced awareness, training, and education among stakeholders is emphasized to promote responsible food production and marketing practices.

Additionally, the paper emphasizes the role of technology in strengthening food safety management. It explores the potential of advanced systems for traceability, monitoring, and surveillance to identify and address potential risks proactively. The use of digital platforms for information dissemination, complaint tracking, and consumer feedback is also highlighted as a means to enhance transparency and accountability.

 

The paper underscores the significance of ensuring robust food safety measures in India. It emphasizes the need for collaborative efforts among the government, regulatory bodies, industry players, consumer organizations, and individuals to uphold food safety standards. By addressing challenges, leveraging technology, and promoting awareness, India can continue to enhance its food safety framework, safeguard public health, and foster trust in the food consumed by its citizens.

 

Keywords: FSSAI, Food Safety, Adulteration, Food-borne Diseases

 

1. INTRODUCTION:

Food safety has become an issue of global importance given the huge health and economic costs involved due to food-borne illnesses. Food contaminated with bacteria, viruses, parasites, or chemical substances can cause over 200 diseases. It is a shared responsibility, involving concerted efforts from consumers, food businesses, and government agencies.

 

India's half of population is struggling to find food on their plate, coping with stern starvation and droughts on the flipper side. India is home to the largest number of hungry people in the world with over 200 million people[1].

 

In India, food safety incidents often make headlines due to the alarming rates of contamination and inadequate regulatory implementation. Poor hygienic practices, adulteration, and lack of scientific testing infrastructure has severely compromised food safety in the country. Most people are now living below the poverty line, which means they do not have any resource even to get two meals for survival[2].

 

According to the World Health Organization (WHO), The WHO South-East Asia Region has the second highest burden of food-borne diseases per population, after the African Region. However, in terms of absolute numbers, more people living in the WHO South-East Asia Region fall ill and die from food-borne diseases every year than in any other WHO Region, with more than 150 million cases and 175 000 deaths a year. Some 60 million children under the age of 5 fall ill and 50 000 die from food-borne diseases in the South-East Asia Region every year[3].

 

In India, food-borne diseases can be erratic and often go unreported, but in a nationwide 2006 study, 13.2% of households reported food-borne illness4[4].

 

The Food Safety and Standards Act, 2006 principally governs food safety and standards in India. While initiatives like the Food Safety and Standards Act, 2006 are aimed at ensuring availability of safe and wholesome food for human consumption, effective implementation remains a challenge.

 

1. HISTORICAL DEVELOPMENT OF FOOD SAFETY

LAWS IN INDIA

Ensuring food safety has been a long-standing concern in India, with the first regulations dating back to the British colonial era. Over the years, the legal framework governing food safety has evolved to address changing food production practices, consumer demands, and scientific advancements.

The history of food regulations in India can be traced back to the mid-20th century. The Prevention of Food Adulteration Act (PFA) was enacted in 1954 to regulate food safety and prevent adulteration in foods. It was subsequently amended in 1964, 1976, and 1986 to strengthen its provisions.

THE KEY OBJECTIVES OF THE ACT:

• to make provision for the prevention of adulteration of food;
• to protect the public from poisonous and harmful foods;
• to prevent the sale of substandard foods; and
• to protect the interests of the consumers by eliminating fraudulent practices

 

A number of other laws were created which were mainly directed against prevention of fraud and adulteration rather than consumer health and food safety like (i) Essential Commodities Act, 1955, (ii) The Fruit Products Order, 1955 (iii) The Solvent Extracted Oil, De oiled Meal, and Edible Flour Order, 1967, (iv) The Meat Food Products Order, 1973, (v) The Edible Oils Packaging Order, 1988, and (vi) The Milk and Milk Products Order, 1992.

 

These Acts and Orders were revised and new ones came into existence from time to time as the need arose. The Government realised that there was multiplicity of food laws which often hampered the work of food regulation and food safety as well as stalled the FBOs from getting product approvals and permits for running a business.

 

In 2004, the Joint Parliamentary Committee emphasized that there should be just one regulatory body for the whole of India. The Bill on Food Safety & Standards was passed by both houses of parliament and became an Act on August 2, 2006.

 

Soon after the formation of the FSSA the Food Safety and Standards Authority of India (FSSAI) was formed as a statutory body authorised under the Ministry of Health & Family Welfare, Government of India. FSSAI is the single reference point for all matters relating to Food Safety and Standards, Regulations and Enforcement. After the formation of the FSS Act, 2006 a number of Acts and Orders that no longer served any purpose were repealed.

 

1. LEGAL FRAMEWORK FOR FOOD SAFETY IN INDIA

THE FOOD SAFETY AND STANDARDS ACT, 2006

The Food Safety and Standards Act, 2006 is the central legislation governing food safety in India. The Food Safety and Standards Act, 2006, stands as the cornerstone of food safety legislation in India. This Act consolidates various food-related laws and regulations into a single, comprehensive framework, providing a unified approach to food safety management.

 

The Act empowers the FSSAI to set science-based standards for food safety, regulate food production, processing, storage, distribution, and sale, and enforce compliance with food safety regulations. The Act's comprehensive provisions establish a robust framework for ensuring food safety in India. These provisions include:

• Establishment of the FSSAI: The Act establishes the FSSAI as the apex authority for food safety in India. The FSSAI is responsible for formulating and implementing food safety standards, regulating food businesses, and monitoring compliance with food safety regulations.
• Food Safety Standards: The Act empowers the FSSAI to set science-based standards for food safety, covering various aspects such as food additives, food contaminants, food labelling, and packaging. These standards are based on international best practices and scientific risk assessments.
• Licensing and Registration: The Act mandates that all food businesses, including manufacturers, processors, distributors, retailers, and importers, obtain licenses or registrations from the FSSAI. These licenses and registrations ensure that food businesses meet the prescribed food safety standards.
• Food Safety Management Systems: The Act requires food businesses to implement effective food safety management systems, such as Hazard Analysis and Critical Control Points (HACCP) or equivalent, to control food safety hazards and prevent foodborne illnesses.
• Inspection and Enforcement: The FSSAI has the authority to inspect food businesses, collect samples for testing, and take enforcement actions against those who violate food safety regulations. These actions may include penalties, seizures of food products, and suspension or cancellation of licenses.

 

1. ROLE OF FSSAI IN PROMOTING FOOD SAFETY

The Food Safety and Standards Authority of India (FSSAI) plays a pivotal role in promoting food safety by establishing and enforcing standards, regulating food businesses, monitoring compliance, and raising awareness among consumers and food handlers. Here's a detailed overview of the FSSAI's contributions to food safety:

• Setting Science-Based Standards: The FSSAI is responsible for formulating and implementing science-based standards for food safety, covering a wide range of aspects, including food additives, food contaminants, food labelling, and packaging. These standards are based on international best practices and scientific risk assessments, ensuring that food products meet the highest safety standards.
• Regulating Food Businesses: The FSSAI regulates food businesses, including manufacturers, processors, distributors, retailers, and importers, to ensure they adhere to food safety standards. This involves mandating licenses or registrations for food businesses, conducting regular inspections, and enforcing compliance measures.
• Monitoring Compliance: The FSSAI actively monitors compliance with food safety regulations through various mechanisms, including regular inspections, sample testing, and surveillance programs. This ongoing monitoring helps identify and address potential food safety issues early on.
• Raising Consumer Awareness: The FSSAI promotes food safety awareness among consumers through various public education initiatives, including campaigns, workshops, and online resources. This awareness empowers consumers to make informed food choices and adopt safe food handling practices.
• Educating Food Handlers: The FSSAI recognizes the crucial role of food handlers in ensuring food safety. It conducts training programs for food handlers, particularly those working in street food stalls, small food businesses, and restaurants, to educate them on food safety practices, hygiene standards, and proper handling techniques.
• Promoting Responsible Food Practices: The FSSAI encourages responsible food production and marketing practices by collaborating with industry associations, farmers' groups, and consumer organizations. It promotes good agricultural practices, sustainable food production methods, and responsible food marketing strategies to reduce food contamination and promote wholesome food products.
• Responding to Foodborne Incidents: The FSSAI has a rapid response mechanism in place to address foodborne incidents. It investigates foodborne outbreaks, identifies the source of contamination, and takes necessary measures to prevent further outbreaks.
• Collaborating with Stakeholders: The FSSAI actively collaborates with various stakeholders, including government agencies, research institutions, international organizations, and consumer groups, to address food safety issues effectively. This collaboration facilitates knowledge sharing, resource pooling, and coordinated action.
• Fostering Innovation: The FSSAI encourages innovation in food safety technologies, detection methods, and risk assessment methodologies. It supports research and development initiatives to stay ahead of emerging food safety hazards and adapt regulations accordingly.
• Continuous Improvement: The FSSAI continuously reviews and updates its food safety standards, regulations, and guidelines based on new scientific evidence, emerging food safety concerns, and evolving food technologies. This commitment to continuous improvement ensures that India's food safety framework remains robust and effective.

 

1. CHALLENGES OF FSSAI IN ENSURING FOOD

SAFETY IN INDIA

The Food Safety and Standards Authority of India (FSSAI) plays a pivotal role in safeguarding food safety in India. However, despite its efforts, the FSSAI faces several challenges in ensuring food safety across the country's vast and diverse food supply chain.

• VAST AND DIVERSE FOOD SUPPLY CHAIN:
• India's food supply chain is characterized by its extensive geographical spread, a multitude of production practices, and a range of distribution channels. This diversity makes it challenging to implement uniform food safety standards and enforce compliance consistently across the entire chain.
• Limited Resources for Enforcement: The FSSAI's resources, including manpower, infrastructure, and equipment, are often constrained, making it difficult to effectively monitor and enforce food safety regulations across the country. This is particularly true in rural areas and smaller food businesses.
• LACK OF AWARENESS AMONG FOOD HANDLERS AND CONSUMERS:
• Insufficient awareness about food safety practices among food handlers, including street vendors, small-scale food producers, and restaurant staff, contributes to food contamination and the spread of foodborne illnesses. Similarly, consumers may lack adequate knowledge about proper food storage, handling, and cooking practices.
• ADULTERATION AND MISBRANDING:
• Food adulteration, the addition of substandard or harmful substances to food, remains a persistent challenge in India. This practice can have severe health consequences for consumers. Additionally, misbranding of food products, where ingredients or nutritional information is inaccurate or misleading, can lead to consumer deception and potential health risks.
• CORRUPTION AND LACK OF TRANSPARENCY:
• Instances of corruption and lack of transparency in food safety enforcement can undermine the effectiveness of regulations and create opportunities for non-compliance.
• CHALLENGES IN TESTING AND ANALYSIS:
• Limited access to advanced testing facilities and a shortage of trained food analysts can hinder the efficient detection and investigation of food-borne incidents.
• DIFFICULTIES IN TRACEABILITY:
• Tracing the source of contaminated food can be challenging due to complex supply chains and inadequate record-keeping practices.

 

1. ROLE OF JUDICIARY IN UPHOLDING FOOD

SAFETY STANDARDS

The judiciary has played a significant role in upholding food safety standards and protecting consumer rights in India. Notable case laws that have shaped the food safety landscape in India include:

• Centre for PIL v. Union of India[5]: The Supreme Court of India had directed FSSAI to monitor and conduct periodic checks of all carbonated soft drinks citing that the issue relates to fundamental right to life.
• Nestle India Ltd. v. FSSAI[6]: Maggie, a Nestle commodity, was tested by the FSSAI and faced legal implications for impermissible amounts of mono sodium glutamate (‘MSG’) and lead in the noodles.

The High Court of Mumbai held that five samples from each batch in their custody are to be submitted to three Food Labs approved and accepted by the NABL, if the results show the lead in the permissible amount of 0.25% then only the company will be permitted to start the manufacturing process. It was also held that Maggie products will have to go through the approval process under the FSS act and additionally the company was directed to delete. ‘No added MSG’ from the label of the product.

These cases highlight the critical role of the judiciary in upholding food safety standards and protecting consumer rights.

 

1. CONCLUSION

In conclusion, food safety is undeniably a critical public health concern, and India has made commendable progress in fortifying its food safety framework. The enactment of the Food Safety and Standards Act, 2006, has laid the foundation for a comprehensive legal structure to manage and regulate food safety in the country. With the Food Safety and Standards Authority of India (FSSAI) at the forefront, efforts have been made to enforce food safety regulations and establish standards for various food products.

 

The judiciary's involvement in upholding food safety standards and protecting consumer rights has further contributed to the strengthening of the food safety landscape in India. Court decisions and legal precedents have played a pivotal role in ensuring accountability and reinforcing the importance of adhering to food safety regulations.

 

Nevertheless, challenges persist in ensuring consistent compliance with food safety regulations across the vast and diverse food supply chain in India. The country's agricultural and food production sector is characterized by numerous stakeholders, including farmers, processors, distributors, and retailers. Each stage of the supply chain presents unique challenges in terms of quality control, storage, transportation, and handling practices. Addressing these challenges requires concerted efforts from all stakeholders involved.

 

Continued efforts are crucial to enhance food safety awareness among both businesses and consumers. Education and training programs can help build a culture of food safety, ensuring that all individuals involved in the food industry understand and implement best practices. It is essential to promote responsible food production and marketing practices that prioritize safety, hygiene, and quality.

 

The strengthening of enforcement mechanisms is another key aspect. Regular inspections, stringent penalties for non-compliance, and swift action against violators can serve as strong deterrents and foster compliance with food safety regulations. Encouraging self-regulation within the industry and fostering partnerships between the government, industry players, and consumer organizations can also contribute to better overall compliance.

 

Additionally, leveraging technology can play a significant role in enhancing food safety management. The use of advanced systems for traceability, monitoring, and surveillance can help identify and address potential food safety risks proactively. Embracing digital platforms for information dissemination, complaint tracking, and consumer feedback can also enhance transparency and accountability.

 

Safeguarding the health and well-being of the Indian population necessitates a multi-faceted approach that involves all stakeholders in the food ecosystem. The government, regulatory bodies, industry players, consumer organizations, and individuals must collaborate closely to ensure that food safety standards are upheld at every stage, from farm to fork.

 

India's journey towards ensuring robust food safety practices is ongoing. By building on the progress made so far and addressing the existing challenges, the country can continue to improve its food safety framework, protect public health, and instill confidence in the quality and safety of the food consumed by its citizens. With collective efforts and sustained commitment, India can pave the way for a safer, healthier, and more resilient food system.

 

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MANAGEMENT SCIENCE. 4. 73-81 (2010),

https://www.researchgate.net/publication/228096218_Food_Security_in_India_Concept_Realities_innovations

[2] Om Ranjan (2021), Food Security Policy in India: Challenges and Performance, RESEARCH GATE, https://www.researchgate.net/publication/349767066_Food_Security_Policy_in_India_Challenges_and_Perfor mance/citation/download

[3] WORLD HEALTH ORGANIZATION, WHO’s first ever global estimates of foodborne diseases find children under 5 account for almost one third of deaths. (Dec. 3, 2015). https://www.who.int/news/item/03-12-2015-who-s- first-ever-global-estimates-of-foodborne-diseases-find-children-under-5-account-for-almost-one-third-of-deaths

[4] Charu Kohli and Suneela Garg, Food Safety in India: An unfinished agenda, 1 MAMC JOUR. OF MEDICAL SCIENCE, 139 (2015)

[5] Centre for PIL v. Union of India, 2013 SCC 16 279

[6] Nestle India Ltd. v. FSSAI, 2015 SCC Online BOM 8526