Pfa act

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PFA ACT : 

PFA ACT Dr. Naval Asija

Introduction : 

The Ministry of Health and Family Welfare is responsible for ensuring safe food to the consumers. Keeping this in view, a legislation called "Prevention of Food Adulteration Act, 1954" was enacted. The objective envisaged in this legislation was to ensure pure and wholesome food to the consumers and also to prevent fraud or deception. The Act has been amended thrice in 1964, 1976 and in 1986 with the objective of plugging the loopholes and making the punishments more stringent and empowering Consumers and Voluntary Organisations to play a more effective role in its implementation. The subject of the Prevention of Food Adulteration is in the concurrent list of the constitution. However, in general, the enforcement of the Act is done by the State/U.T Governments. The Central Government primarily plays an advisory role in its implementation besides carrying out various statutory functions/duties assigned to it under the various provisions of the Act. Introduction

Slide 3: 

The laws regulating the quality of food have been in force in the country since 1899. Until 1954, several States formulated their own food laws. But there was a considerable variance in the rules and specifications of the food, which interfered with inter-provincial trade. The Central Advisory Board appointed by the Government of India in 1937 and the Food Adulteration Committee appointed in 1943, reviewed the subject of Food Adulteration and recommended for Central legislation. The Constitution of India provided the powers to Central Government for making such legislation as the subjects of Food and Drugs Adulteration are included in the concurrent list. The Government of India, therefore, enacted a Central Legislation called the Prevention of Food adulteration Act (PFA) in the year 1954 which came into effect from 15 June, 1955. The Act repealed all laws, existing at that time in States concerning food adulteration

Role of Centre : 

Keeping close liaison with State/local bodies for uniform implementation of food laws. Monitoring of activities of the States by collecting periodical reports on working of food laws, getting the reports of food poisoning cases and visiting the States from time to time. Arranging periodical training programme for Senior Officer/Inspector/Analysts. Creating consumer awareness about the programme by holding exhibitions/seminars/training programmes and publishing pamphlet'. Approving labels of Infant Milk Substitute and Infant food, so as to safeguard the health of infants. Role of Centre

Harmonisation of PFA with Codex : 

The Ministry of Health and Family Welfare is designated as the National Codex Contact Point in India to examine and formulate India's views on the agenda for the various meeting of Codex Alimentarius Commission, a joint venture of FAO/WHO dealing with International Food Standards and its subsidiary committees. The Ministry of Health and Family Welfare constituted a National Codex Committee (NCC) and an Assistant Director General (PFA) has been working as Liaison Officer for NCC. The NCC has further constituted 24 Shadow Committees corresponding to various Codex commodities committees for preparation and finalization of India's stand. India has been regularly attending the various sessions of the Codex Alimentarius Commission and various Codex Commodity Committees to put forward her views and defend these views. Exercise of harmonization of standards for food products, use of food additives, microbiological requirements, harmonization of regulations, in line with international standards prescribed by Codex Alimentarius Commission and International Standards Organisation (ISO) had been initiated Harmonisation of PFA with Codex

Role of State/UT Governments : 

Enforcement of the food laws primarily rests with the State/UTs. The implementation of the Act in most of the States is under the administrative control of the Directorate of Health Services, whereas, in a few States, the implementation is being combined with Drugs Administration under the Joint Food and Drug Administration. The implementation has been left to the administrative setup of the States, but it has been stressed on the States that whatever the structure be, there should be a whole-time Senior Officer duly qualified and experienced in Food Science, Food Technology, Food Analysis with other supporting officers and inspectors. State Governments are also empowered to make rules laying down details of licensing conditions of food, the establishments of food industries and prescribing licence fees. Role of State/UT Governments

Slide 7: 

The provisions under PFA Rules have been amended nearly 360 times and standards of around 250 articles of food which are of mass consumption have been prescribed Coordinating with international bodies like ISO/FAO/WHO and Codex. Carrying out survey-cum-monitoring activities on food contaminants like colours. Giving administrative/financial/technical support to four Central Food Laboratories situated in Kolkata, Ghaziabad, Mysore and Pune and providing technical guidance to the food laboratories set up by the States/Local Bodies. Holding activities connected with National Monitoring Agency vested with powers to decide policy issues on food irradiation. Formulation of Manual on food analysis method.

Slide 8: 

While making amendments, standards formulated by Codex/technological development in the food industry sector/dietary habits/nutritional status of our population, social/cultural practices are taken into consideration. By and large, in most of the States, implementation in corporation/municipal area rests with the Local Bodies which employ their own food inspectors. Licensing of food industries/establishments is also left to them. There are 72 food laboratories in the country at District/Regional or State level in addition to four Central Food Laboratories set-up by the Central Government. Almost every State has got one or more laboratory depending upon its need. About 12 of these laboratories are under the administrative control of the local bodies whereas the remaining ones are under the administrative control of the State Government.

Constraints : 

Shortage of Food Inspectors with the States/Local Bodies, Deficiency in the testing laboratories on the following counts: Inadequate trained manpower, Inadequate testing facilities, Non-availability of sophisticated equipment, Inadequate budgetary provision, Non-availability of reference standard material, Non-availability of programme officer for PFA with the State/Local Bodies at State and District levels, Non-availability of separate legal cell for trial of PFA cases with the State/Local Bodies, Non-availability of regular refresher training programme for all the functionaries. Constraints

Steps by Central Government : 

Refresher training programmes are being arranged for all the functionaries namely: (a) Food Inspectors, (b) Local (Health) Authorities, (c) Food (Health) Authorities, (d) Public Analyst and Chemist. Training for Analysts and Chemists are being organized in their own laboratories by trainer deputed by the Central Government. These trainers stay in one lab for six working days and first of all they setup the laboratory as per Good Laboratory Practices and thereafter, the specific training is organized. Sophisticated equipments are being supplied to State Food Testing Laboratories so that at least one laboratory in each State is appropriately strengthened. Efforts are being made to ensure that warranty of the equipment so supplied are for minimum 3 years along with consumables and proper trainings is provided to the analysts/chemists by the supplier for handling and running the equipment. Efforts are also being made to ensure that each State is linked electronically with its District Headquarters. This will facilitate smooth sharing of information and networking. Steps by Central Government

Technical Details: The ACT Part : 

pfa acts and rules.pdf Technical Details: The ACT Part

Before 2006 : 

PFA FPO: Food Product Order Meat Food Product Order Edible Oils Packaging Vegetable Oil Product Order Milk & Milk Product Regulations Solvent extracted Oil; deboiled Meat & Edible flour Order Before 2006

The Food Safety and Standards Act, 2006: : 

The primary focus is to integrate the existing food laws and to bring about a single statute under a single regulatory authority, and to provide regulatory system for the production, manufacture, processing,and sale of safe and suitable food. The Food Safety and Standards Act, 2006 (the Act) has 12 chapters containing 101 sections and two schedules. The Act incorporates the salient provisions of the Prevention of Food Adulteration Act 1954, and is based on international legislations, instrumentalities and Codex Alimentarius Commission. This Act with its three tier structure (an apex food safety and standards authority, a central advisory committee and various scientific panels and committees) is expected to lay more emphasis on science based and participatory decisions while adopting the contemporary approach in both standard setting and implementation. The Food Safety and Standards Act, 2006:

Slide 14: 

Efforts are being made to provide at least one analyst from the Central Budget in each Food Testing Lab for a period of 5 years Standard reference material for pesticides, listed under Rule 65 of PFA Rules, all the metals listed under Rule 57 of the PFA Rules and aflatoxin are being supplied to one lab in each State. Books on methods of analysis like AOAC, Pearson, Food Chemical Codex, have already been supplied to a majority of the laboratories. Training programme for consumers, traders, vendors and street food hawkers have been organized and will be organized in future as a consumer education programme on food safety. Sensitisation training programmes have been organized for Port (Health) Officers/Customs Officers/Customs House Clearing Agents and importers on various provisions of PFA Act/Rules and other provisions namely packaged Commodity Order and Customs Act, so that these officers may appropriately handle the imported food product.

Slide 15: 

The Indian food regulations comprise various food laws that have been enacted at different points of time, and are under the ambit of various ministries of Government of India (GOI Historically they were introduced to complement and supplement each other in achieving total food safety and quality. The result is that the food sector in India is governed by a number of different statutes rather than a single comprehensive enactment.  Each ministry has prescribed its set of rules and standards under relevant acts and orders often creating a confusing and sometimes contradictory environment for the industry. The GOI notified the enactment in the official gazette on August 24, 2006.

Salient features of the Act: : 

The Act integrates eight different food related statutes. The Act also aims to establish a single reference point for all matters relating to food safety and standards, by moving from multi-level, multi-departmental control to a single line of command. The Act establishes the Food Safety and Standards Authority of India (FSSAI) as an apex regulatory authority consisting of a Chairperson and 22 members. The Act prescribes general provisions for the following articles of food: The Act provides the general administrative principles to be followed by the Central Government, State Governments, and FSSAI while implementing the provisions of this Act. The Act prohibits advertisements which are misleading or deceiving or contravenes the provisions of this Act, and prohibits unfair trade practices. All imports of articles of food are subject to this Act.  No person shall import any unsafe or misbranded or sub-standard food or food containing extraneous matter. Salient features of the Act:

Slide 17: 

The Act impose the responsibility on the food business operator to ensure that the articles of food satisfy the requirements of this Act at all stages of production, processing, import, distribution and sale within the businesses under his control. The Act also imposes certain liabilities on the manufacturers, packers, wholesalers, distributors and sellers if an article of food fails to meet the requirements of this Act. The Act compels the establishment of food recall procedures. The FSSAI and the State Food Safety Authorities are responsible for the enforcement of this Act. The Act establishes a general authority line for the efficient enforcement of the Act. The Act compel licensing and registration of food business. Small business operators and temporary stall holders are exempted from the license but need to get their businesses registered with the local municipality. The Act provides general provisions relating to offences and penalties for failure to comply with the requirements of this Act. The Act makes provision for graded penalties where offenses like manufacturing, storing or selling misbranded or sub-standard food is punished with a fine, and more serious offences with imprisonment.

The Food Safety and Standards Act, 2006: A Paradigm Shift In Indian Regulatory Scenario : 

In India multiple regulations for food have been enacted at different points of time to supplement each other. This incremental approach has lead to incoherence and inconsistency in the food sector regulatory scenario. The Food Safety and Standards Act, 2006 is a new statute that integrates eight different existing food laws, and is a major transformation that ensures to bring paradigm shift in the food regulatory scenario of the country The Food Safety and Standards Act, 2006: A Paradigm Shift In Indian Regulatory Scenario

Status on enforcement of the Act: : 

The administrative control of the Act is assigned to the Ministry of Health and Family Welfare.   On September 5, 2008, the GOI notified the establishment of FSSAI consisting of a chairman and members.   FSSAI constituted the SC and SPs, and established its administrative process. An amendment to the Act, called the Food Safety and Standards (Amendment) Act, 2008 (No. 13 of 2008) was recently enacted. This is an amendment providing an exemption to the members of FSSAI from the purview of office of profits and the age restriction to a maximum of 62 years. FSSAI is steadily drafting the draft guidelines and regulations for public consultation. Formulating Rules and regulations under the Act of is a mammoth task. It will be a monumental task to integrate under one single authority the eight food laws that are currently being implemented by several Ministries. Until then the rules and regulations framed under the existing acts, which would be repealed, will continue to be in force. Status on enforcement of the Act:

THANKS : 

THANKS

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