FOOD SAFETY AND STANDARDS ACT,2006

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FOOD SAFETY & STANDARDS ACT Dr.R.GOVINDARAJAN D.P.H 1 st year ICM , MMC

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God comes to the hungry in the form of food” – Mahatma Gandhi. 3 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Food is essential to nourish any living being. Our physical and mental health also depends on the food we eat. Access to good quality and safe food has been man's main endeavour from the earliest days of human existence 4 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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FOOD SAFETY is non-negotiable basic requirement of food quality . 5 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Food Security Food Safety “Food Security is when all people at all the times have access to sufficient, safe, nutritious food to maintain healthy life.” “Food Safety” is the condition that ensures that food will not cause any harm to the consumer when it is prepared and/or eaten according to its intended use. 6 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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REQUIRMENT OF REGULATIONS IN FOOD SUPPLY CHAIN FOOD CHAIN : Sequence of stages and operations involved in production, processing, distribution, storage & handling of a food & food ingredients from primary production to consumption. 7 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

MILESTONES:

MILESTONES 1860 – The first modern act ‘Pure Food Act’ in England 1899 : States’/Provinces’ own food laws with difference in standards for the same commodity—Conflicts in inter provincial trade. 1943: Central Advisory Board for Central Legislation that brings in uniformity throughout the country. 1954: Central Legislation –Prevention of Food Adulteration Act, 1954. Rules and Standards framed under the Act 1955. 8 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Cont…:

Cont… 2006: FOOD SAFETY & STANDARDS ACT ,2006. 23rdAugust, 2006 : Received the assent of the President 2008: FSSAI set up August 5, 2011 : Food safety act comes into effect after five years of passing bill – FOOD SAFETY AND STANDARDS RULES,2011 (FSSR) 9 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Pre – FSS Act Scenario in Food Safety Regulation 10 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Multiplicity of food laws , standards setting and enforcement agencies for different sectors of food Varied Quality/Safety standards restricting innovation in food products Thin spread of manpower, poor laboratories infrastructure and other resources restricting fixation of effective standards Standards are rigid and non-responsive to scientific advancements and modernization Poor Information dissemination level to consumer level 11 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

THE INTENT OF LEGISLATION:

THE INTENT OF LEGISLATION 12 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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13 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

OBJECTIVES OF FSSA:

OBJECTIVES OF FSSA To consolidate the laws relating to food. To establish food safety and standards authority of India for laying down science based standards for articles of food. To regulate the manufacture, storage, distribution, sale and import of food products. To ensure availability of safe and wholesome food for human consumption. 14 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

STRUCTURE OF THE ACT::

STRUCTURE OF THE ACT: Chapter I to XII Clauses 101 15 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Chapter I : Preliminary Chapter II : Food safety & standards authority of India Chapter III : General Principles of Food Safety Chapter IV : General Provisions as to articles of Food Chapter V : Provisions relating to import Chapter VI : Special responsibilities as to food safety Chapter VII : Enforcement of the Act Chapter VIII : Analysis of Food Chapter IX : Offences & Penalties Chapter X : Adjudication & Food Safety Appellate Tribunal Chapter XI : Finance, accounts, audit & reports Chapter XII : Miscellaneous 16 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

new Rules and Regulations under FSSA:

new Rules and Regulations under FSSA Food Safety and Standards Rules 2011. FSS (Licensing and Registration of Food businesses) regulation, 2011 FSS (Packaging and Labeling) regulation, 2011 FSS (Food product standards and Food Additives) regulation, 2011 (part I) FSS (Food product standards and food additives) regulation, 2011 (part II) FSS (Prohibition and Restriction on sales) regulation, 2011 FSS (contaminants, toxins and residues) regulation, 2011 FSS (Laboratory and sampling analysis) regulation, 2011 17 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Tamil nadu status:

Tamil nadu status Food Safety and Drug Control under one administration - Department of Food Safety & Drug Administration (TNFS & DA) set up in 2012. TN food safety rules formulation is under process… 18 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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DEFINITIONS 19 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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“ food ” means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food, genetically modified food, infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance, including water used into the food during its Manufacture . 20 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Cont…:

Cont… FOOD does not include any animal feed, live animals(unless they are prepared or processed for placing on the market for human consumption), plants prior to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic substances 21 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Adulterant :

Adulterant Any material which is or could be employed for making the food unsafe or sub-standard or mis -branded or containing extraneous matter 22 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Misbranded:

Misbranded Means an article of food with False, misbranding or deceptive claims either on the label of the package , or through advertisement, package bears statement, design or device regarding the ingredients or the substances contained therein, which is false or misleading or Manufacturers name and address is false or Contains any artificial flavouring , colouring or chemical preservative and is not labelled properly 23 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Substandard:

Substandard An article of food shall be deemed to be sub-standard if it does not meet the specified standards but does not render the food unsafe 24 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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STRUCTURE:

STRUCTURE 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE 26

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Ministry of Health & Family Welfare , Government of India is the Administrative Ministry for the implementation of FSSAI. 27 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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PROPOSED STRUCTURE OF FSSAI HEADQUARTER, NEW DELHI 28 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Chairperson 22 members (1/3 rd : women) CEO – Acts as Member Secretary Various divisions such as : Surveillance, Regulatory and Quality Assurance Division Codex cell to handle international matters…….. 29 FOOD AUTHORITY -(sec. 5) 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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CENTRAL ADVISORY COMMITTEE - (section 11) chief executive officer commissioners of all the states/ uts representatives of food industry agriculture, consumer, research bodies & food laboratories invitees from the concerned ministries ROLE to advise authority on the work programme, prioritization of work, identifying potential risk and pooling of knowledge Meeting Schedule: shall meet regularly & not less than 3 times a year 30 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

SCIENTIFIC COMMITTEE -(sec.14):

SCIENTIFIC COMMITTEE - (sec.14) Established by the food authority Chairperson of scientific panels 6 independent scientific experts Responsible for providing scientific opinions to the food authority Power of organizing public hearings (where necessary) 31 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Chairperson - Sh. K. Chandramouli Chief Executive Officer - Sh. S.N.Mohanty 32 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Movement from multi-level and multi-department control to a single line of command FSSAI as a single reference point for all matters relating to Food Safety and Standards, Regulations and Enforcement Integrated response to strategic issues like Novel foods, Health Foods, Nutraceuticals , GM foods, international trade etc. Decentralisation of licensing for manufacture of food Products Achieve high degree of consumer confidence in quality & safety of food 33 SALIENT FEATURE OF THE ACT 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Consistency between domestic and international food policy measures without reducing safeguards to public health and consumer protection Adequate information dissemination on food to enable consumer to make informed choices . Compounding and Adjudication of cases – to reduce Court’s workload and expedite the disposal of cases Graded penalty depending upon the gravity of offences 34 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

NEW PROVISIONS UNDER THE ACT:

NEW PROVISIONS UNDER THE ACT Covering Health Foods, supplements, nutraceuticals Issuing Licenses within a time frame of 2 months Provision of Improvement Notice by Designated Officers Prosecution, if to be launched, should be within 1 year time frame Special Courts for summary trials Compensation to Victims Reward to informer (informing about the violators – adulteration etc.) by State Govt. 35 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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One composite license for unit(s) falling under one area Training and Awareness programmes for Food Business Operators as well as Regulators; Encouraging Self regulation through introduction of Food Recall Procedures No License for small food business operators; only registration is mandatory Central licensing from Authority. 36 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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PROPOSED SET UP AT STATE LEVEL 37 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

COMMISSIONER OF FOOD SAFETY OF THE STATE -Section 30(2) Rule 2.1.1 :

COMMISSIONER OF FOOD SAFETY OF THE STATE - Section 30(2) Rule 2.1.1 Shall not be below the rank of the commissioner and Secretary to the State Government 38 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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FUNCTIONS Prohibit the manufacture, storage, distribution or sale of any article of food. Survey of the Industrial Units. Conduct or organise training programmes. Uniform implementation of the standards and other requirements as specified. Ensure a high standard of objectivity, accountability, practicability, transparency and credibility. Sanction of prosecution for offences punishable with imprisonment under this Act. 39 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

DESIGNATED OFFICER:

DESIGNATED OFFICER Shall be a whole time officer, not below the rank of Sub divisional Officer or Equivalent. Appointment done by Commissioner each district will have at least one Designated Officer. 40 - Section 36 Rule 2.1.2 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

POWERS:

POWERS Issue or cancel licence. Prohibit the sale of any article of food. Receive report and samples of article of foods. Recommend to the Commissioner of Food Safety for sanction to launch prosecutions. Sanction or launch prosecutions. Maintain record of all inspections made by Food Safety Officers and action taken by them in the performance of their duties; Investigate any complaint. 41 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

FOOD SAFETY OFFICER:

FOOD SAFETY OFFICER Appointment done by Commissioner according to the need 42 - Section 37 Rule 2.1.3 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Powers Seize any article of food. Can enter and inspect any place. May destroy, deteriorated, perishable product after giving notice in writing. In case of non availability of the FBO, the FSO may seize the adulterant food and seal the premises for investigation after taking a sample. May cause a person to be examined by a qualified medical professional duly authorized by the Designated Officer. 43 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Duties Inspect all licensed units To verify/satisfy the conditions of licences are being complied and report to the Designated Officer; Procure sample and send for analysis in case contravention, surveillance; Investigate any complaint in respect of any contravention of the provisions of the Act; To maintain a data base; 44 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Cont…:

Cont… To recommend issue of improvement notices; Carry out food safety surveillance to identify and address the safety hazards; Respond to incidents of food poisoning in his area Preparation of Food safety plans for Panchayat and Municipalities 45 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Food Analyst :

Food Analyst responsible for carrying out the required analysis of the sample as instructed by the Food Safety Officer along with the test method. Send report to DO within 14 days In case of imported food, within 5 days 46 - Section 45 Rule 2.1.4 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Tamil nadu status:

Tamil nadu status Food Safety - Mr. Kumar Jayant I.A.S Commissioner(I/C) Additional Commissione r- Dr.K.Jeyakumar of Food Safety Designated Officers (DOs) : 32 ( Health Officers / Medical Officers) Food Safety Officers (FSOs) : 584 { 385+199} ( Health Inspectors on the rural side and Sanitary Inspectors on the urban side ) 47 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Special responsibilities:

Special responsibilities 48 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

FBO(food bussiness operator) :

FBO(food bussiness operator ) Every food business operator shall ensure that the articles of food satisfy the requirements of this Act and the rules No FBO shall manufacture/store/ sell/distribute food that s— unsafe; or misbranded or sub-standard a licence is required, Prohibited food 49 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Cont…:

Cont… 3 ) No food business operator shall employ any person who is suffering from infectious, contagious or loathsome disease. 4) Bussiness only with BILLS 5) Food to be re-called for that batch as whole 50 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

wholesaler or distributor/seller shall be liable if:

wholesaler or distributor/seller shall be liable if Supplied/sold after the date of its expiry; or stored /handled or supplied in unhygienic conditions unsafe or misbranded, or unidentifiable of manufacturer from whom the article of food received by him with knowledge of being unsafe. 51 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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“The Provisions of the act shall not apply to any farmer or fisherman or farming operations or crops or livestock or aquaculture , and supplies used or produced in farming of products of crops produced by a farmer at farm level or a fisherman in his operations.” Ref: (Sec 18(3) of FSSA) 52 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

REGISTRATION & LICENSING:

REGISTRATION & LICENSING Sec 31 (1) states: “Licensing and Registration of food business: No person shall commence or carry on any food business except under a license .” Some exemptions to above have been provided in sections 31(2) for petty manufacturers, hawkers, temporary stall owners, small scale cottage industries etc. 53 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Registration (alone):

Registration (alone) Petty food manufacturer : -manufactures or sells any article of food himself or a petty retailer, hawker, itinerant vendor or temporary stall holder; small scale or cottage or tiny food businesses with an annual turnover not exceeding Rs 12 lakhs and or whos e- -production capacity of food (other than milk and milk products and meat and meat products) does not exceed 100 kg/ ltr per day -production or procurement or collection of milk is up to 100 litres of milk per day -slaughtering capacity is 2 large animals or 10 small animals or 50 poultry birds per day or less than that 54 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Central Licensing Authority State Licensing Authority Registering Authority Designated Officer appointed by the Chief Executive Officer of the FSSAI in his capacity of Food Safety Commissioner Food Safety Officer or any official in Panchayat , Municipal Corporation or any other local body in an area, notified as such by the State Food Safety Commissioner for the purpose of registration Designated Officers appointed under Section 36(1) of the Act by the Food Safety Commissioner of a State or UT for the purpose of licensing and monitoring. 55 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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PROPOSED ENFORCEMENT STRUCTURE OF REGISTRATION & LICENSING 56 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Registration Procedure :

Registration Procedure Registration shall not be refused without giving the applicant an opportunity of being heard. A registration certificate and a photo identity card shall be issued which shall be displayed at a prominent place. The Registering Authority or any officer or agency specifically authorized for this purpose shall carry out inspection. 57 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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PROPOSED PROCEDURE FOR REGISTRATION OF FOOD BUSINESSES 58 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

LICENSING:

LICENSING No person (other than petty food businesses) shall commence any food business without obtaining a  valid license. Existing Operator holding valid license/registration  shall CONVERT their license within one year of notification of this Regulation. No license fee for the remaining period of the validity. 59 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Fee for central licensing – Rs.7500 Fee for state licensing – ranges from Rs.2000-Rs.5000 60 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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PROPOSED PROCEDURE FOR GRANT OF LICENSE TO FOOD BUSINESS 61 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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A single license may be issued by the Licensing Authority for one or more articles of food and also for different establishments or premises in the same local area 62 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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63 Licenses to be granted by Central Licensing Authority 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

DAIRY UNITS:

DAIRY UNITS More than 50,000 ltrs of liquid milk/day Or 2,500 MT of milk solid perannum   64 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Vegetable oil processing units & refineries:

Vegetable oil processing units & refineries Installed capacity more than 2 MT per day 65 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Slaughter houses:

Slaughter houses 50 large animals 150 or more small animals, 1000 or more poultry birds per day . 66 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Meat processing:

Meat processing More than 500 kg of meat/day Or 150 MT per annum   67 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

All other food processing units:

All other food processing units 2 MT/day except grains, cereals and pulses milling units . 68 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Cont…:

Cont… 100 % Export Oriented Units All Importers importing food items Any article of Food which does not fall under any of the food categories or deviates from the prescribed specification for additives . FBO s operating in two or more states Food catering services in establishments and units under Central government Agencies like Railways , Airlines and airport, Sea port, Defense etc . 69 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Validity & renewal :

Validity & renewal For a period of 1 – 5 years as deseried by FBO Apply in form A or B , not later than 30 days prior to expiry date Any renewal application filed beyond the period mentioned above but before the expiry date, shall be accompanied by a late fee of Rs.100/day of delay 70 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Tamil nadu status:

Tamil nadu status Registration Target - 2,66,080 Upto nov.2012 -156125 License Target - 66,091 Upto nov.2012 -20179 The process of registration / licensing of food manufacturing units is under progress. 72 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

SAMPLING AND ANALYSIS:

SAMPLING AND ANALYSIS 73 -- Rule 2.4 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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MANNER OF DISPATCHING CONTAINERS OF SAMPLE 1 To analyst 2 3 Two parts to Designated Officer 4 Remaining part, if FBO Request send to accredited Lab 24/02/2014 74 INSTITUTE OF COMMUNITY MEDICINE

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First part Fourth part On request FBO Send to accredited laboratory Send to food analyst Analysis report Analysis report Analysis report fails FBO can Appeal (form VIII) If at variance 2 &3 rd part DO Send to Referral Laboratory Report shall be final Analysis report fails Punishment with fine or imprisonment 24/02/2014 75 INSTITUTE OF COMMUNITY MEDICINE

Precautions during sampling :

Precautions during sampling • Clean, dry, leak-proof, wide-mouthed and sterile containers of a size suitable for sample of the product must be used. • Sample must be submitted in original and in sealed condition. • Dry or canned foods that are not perishable and are collected at ambient temperatures need not be refrigerated. • Collect frozen samples in pre-chilled containers. • Follow storage norms 76 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Sampled Unit (Lot) :

Sampled Unit (Lot) Every effort should be made to restore the lot from which the sample is collected to its original condition. Whenever possible, samples should be collected from previously unopened boxes or crates, unopened retail packages, and unopened bulk containers such as sealed big containers . 77 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

LABELLING:

LABELLING Code number of the sample Name of the sender with his official designation Date and place of collection Nature of articles being sent for analysis Nature and quantity of preservative, if any 78 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Purchaser may get Food Analysed::

Purchaser may get Food Analysed : Section 40,(rule 2.4.4) gives the powers to the purchaser to get the food analysed by public analyst, after paying the fees specified. Purchaser has to inform the FBO, at the time of purchase, that it is for analysis. Refund of fees if sample fails. Failing sample will lead to prosecution as per procedure given in section 42. 81 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

IMPROVEMENT NOTICES (Sec 32):

IMPROVEMENT NOTICES (Sec 32) Improvement notices issued by DO to FBO Improvement notice includes: Grounds for believing that FBO failed to comply with regulations Matters which constitute FBO failure to comply Measures to be taken by FBO in order to secure compliance Require FBO to take measures within reasonable period specified in notice FBO fail to comply with improvement notice – license may be suspended or canceled ……Sec. 32(2) & (3) Person aggrieved by actions of designated officer – appeal to Commissioner of Food Safety – final decision ….. Sec 32(4) 82 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Notification of Food Poisoning::

Notification of Food Poisoning: Sec 35 states: “Food Authority may, by notification, require registered medical practitioners carrying on their profession in any local area specified in the notification, to report all occurrences of food poisoning coming to their notice to such officer as may be specified” 24/02/2014 83 INSTITUTE OF COMMUNITY MEDICINE

Tamil nadu status:

Tamil nadu status 6 government food labs – Guindy , chennai Coimbatore Salem Palayamkottai , tirunelveli Thanjavur Madurai No lab is NABL accredited 84 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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85 List of referral lab. 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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FSSAI has notified 4 NABL Accredited Food Testing Laboratories with Brief Scope of Testing at chennai SGS India Pvt Ltd, Chennai Sargam laboratory Pvt. Ltd, Chennai TA Labs Private Limited, Chennai Chennai Mettex lab Pvt. Ltd., Chennai 86 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Package labelling:

Package labelling Common name of the product. Name and address of the product's manufacturer. Date of Manufacture Ingredient list with Additives Nutrition Facts Best before/ Expires on Net contents in terms of weight, measure or count. Packing codes/Batch number Declaration regarding vegetarian or non-vegetarian Country of origin for imported food 87 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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The Toll Free Helpline No. is 1-800-11-2100 Complaints can be lodged and followed up online at   foodsafetyhelpline.in /FSSAI/   88 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

LEGAL:

LEGAL 89 ENFORCEMENT 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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ADJUDICATION AND FOOD SAFETY TRIBUNALS……. ADJUDICATING OFFICER FOOD SAFETY APPELLET TRIBUNAL SPECIAL COURTS State Govt. to notify Adjudicating Officer not below the rank of Addl. District Magistrate. Central Govt. or State Govt. may notify and establish one or more tribunals known as Food Safety Appellate Tribunals Central Govt. or State Govt. may constitute special courts for trial of offences relating to grievous injury or death of the consumer 90 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Adjudicating officer:

Adjudicating officer shall have powers of a civil court All proceedings before him shall be deemed to be judicial proceedings within the meaning of sections 193 & 228 of the IPC responsible for handling penalty in the form of fine In TN, The District Revenue Officers (Additional District Magistrates) of each district have been appointed as the Adjudicating Officers 91 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Food Safety Appellate Tribunal:

Food Safety Appellate Tribunal Central Govt./State Govt. : establish one of more tribunals to hear appeals from the decisions of the adjudicating officer Central Govt./State Govt. : prescribe the matters & areas in relation to which the Tribunal may exercise jurisdiction Tribunal – consists of 1 person only : presiding officer of the tribunal (District Judge) 92 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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APPELATE TRIBUNAL FOOD SAFETY COMMISSIONER FOOD SAFETY OFFICER ACCREDITED LAB REFERAL LAB FOOD ANALYST DESIGNATED OFFICER ADJUDICATING OFFICER SPECIAL COURT REGULATORY ENFORCEMENT AT STATE 4 th sample 30 days high court 45 days 60 days 93 14 days 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Offenses & Penalties (Chapter IX):

Offenses & Penalties (Chapter IX) Sec 48 lists factors to consider for deciding weather it is Unsafe Food: Normal Conditions of use, handling Information provided to the consumer Short term & Long term effects Probable cumulative toxic effects Health Sensitivities of specific population group. Probable effect of consumption in normal quantities. 94 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Section Offence Person s covered Imprisonment Fine (Rs.) Petty Manufacturer 53 Misleading advertisement: False description; or Nature or quality or substance Publisher or any person involved in publishing ------ 10 Lakhs ---------- 54 Food contains extraneous matter Manufacturer, Seller, Storage, Distributor , Importer ----------- 1 Lakhs ------------ 24/02/2014 95 INSTITUTE OF COMMUNITY MEDICINE

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Section Offence Person s covered Imprisonment Fine (Rs.) Petty Manufacturer 55 Failure to comply with FSO direction Food business operator or importer ------------ 2 Lakhs ------------ 56 Unhygienic or unsanitary: Processing; or Manufacture Manufacturer or processor -------------- 1 Lakhs --------- Offences & Penalties 24/02/2014 96 INSTITUTE OF COMMUNITY MEDICINE

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Section Offence Person s covered Imprisonment Fine (Rs.) Petty Manufacturer 57 Possessing Food adulterant Manufacturer, Seller, Storage, Distributor , Importer -------------- Injurious to health -10 Lakhs ; Non- i njurious to health -2 Lakhs ------------ Offences & Penalties 24/02/2014 97 INSTITUTE OF COMMUNITY MEDICINE

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Section Offence Person s covered Imprisonment Fine (Rs.) Petty Manufacturer 59 Unsafe food Manufacturer, Seller, Storage, Distributor , Importer No injury – 6 months Non-grievous injury – 1 year; Grievous – 6 years; Death – 7 years to Life imprisonment 1 Lakhs 3 Lakhs 5 Lakhs 10 Lakhs --------------- 24/02/2014 98 INSTITUTE OF COMMUNITY MEDICINE

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Section Offence Person s covered Imprisonment Fine (Rs.) Petty Manufacturer 60 Interference with seized items Any person 6 months 2 Lakhs - 61 Supply of false information Any person so directed 3 months 2 Lakhs - 62 Obstruction or impersonation of FSO without reasonable excuse Any person 3 months 1 Lakhs - 24/02/2014 99 INSTITUTE OF COMMUNITY MEDICINE

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Section Offence Person s covered Imprisonment Fine (Rs.) Petty Manufacturer 63 Carrying on business without license Any person or Food business operator 6 months 5 Lakhs Exempt 58 64 Where no specific penalty provided Subsequent offences Any person contravening Do - 2 Lakhs Twice the punishment with further fine/ day - - 24/02/2014 100 INSTITUTE OF COMMUNITY MEDICINE

PROHIBITION ORDERS (Sec. 33):

PROHIBITION ORDERS (Sec. 33) If FBO is convicted to offense under the act & if the court is satisfied that there is a real health risk, court may impose prohibitions: On use of the process or treatment for the purpose of the food business On use of the premises or equipment for the purpose of a specific food business or any food business Emergency prohibition notice (Sec. 34) Commissioner of Food Safety, on application by a Food Safety Officer, may impose emergency prohibitions. 101 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

FOOD RECALL - section 92:

FOOD RECALL - section 92 “Recall” means action taken to remove a marketed food from distribution, sale and consumption which is unsafe and violate the provisions of the Act “unsafe food” means an article of food whose nature, substance or quality is so affected as to render it injurious to health 102 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

RECALL CLASSIFICATION:

RECALL CLASSIFICATION Class I Recalls : are for unsafe food that could cause serious health problems or even death. Class II Recalls : are for food that are unlikely to cause any adverse health problem, but violate the Act and the rules and regulations made their under. 103 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

STEPS IN RECALL PROCEDURE:

STEPS IN RECALL PROCEDURE Assemble recall management team Notify the state food authority Identify the food to be recalled Product recovery Effective recall Follow up action- reporting Recall termination 104 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

REWARD SCHEME:

REWARD SCHEME 105 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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for conveying intelligence or information regarding offence committed or likely to be committed by any one in violation of act such as Mislabelled Food Misleading Advertisement/Extravagant Claim Rewards of 500/- once validity established 106 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Send the Information to the CEO, FSSAI at [email protected] Upload the scanned copy of the advertisement as an attachment. Write the Date of Publication and the Edition of the Publication. 107 IDENTITY WILL BE KEPT AN ABSOLUTE SECRET 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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All sections of the Food Safety and Standards Act, 2006 have been notified by Government of India except the provisions relating to the genetically engineered or modified food in section 22. 110 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Tamil nadu:

Tamil nadu The Madras High Court has stayed the implementation of some of the provisions of the Food Safety and Standards Act of 2006 in the state. There are above 32 cases pending in TN of which stay vacated for 17 so far …. 111 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Recently , the Centre for Science and Environment claimed that 16 food brands including Maggi , Top Ramen, McDonald's,KFC , Haldiram’s found to contain more harmful elements . 112 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Hope all would Remember the year 2003 when the CSE first reported high levels of pesticides in colas which created a lot of buzz. Later again in 2006, labs reported increased level pesticides, but net result is nothing hardly happened …. Except for the colas changing the social campaign (Ad) from sharuk khan to ranbir kapoor 113 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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12 ஆயிரம் வணிகர்கள் பதிவு செய்யவில்லைஉணவுப் பாதுகாப்பு அதிகாரி தகவல் - தினமலர் செய்தி - 7,January, 2013 114 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Food Safety Management Systems:

Food Safety Management Systems 118 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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A Food Safety Management System (FSMS) is a network of interrelated elements that combine to ensure that food does not cause adverse human health effects. Section 16(2)(c) provides for the Mechanism for accreditation of certification bodies for Food Safety Management Systems 119 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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five basic key elements are: Good Practices/ PRPs Hazard Analysis /HACCP Management Element / System Statutory and regulatory requirements Communication 120 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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What is ISO?:

What is ISO? The International Organization for Standardization (ISO) creates many different types of standards ISO is made up of standards institutes from 154 different countries Member countries work together to develop and approve standards 125 International Standards for Business, Government and Society www.iso.ch 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

What is ISO 22000?:

What is ISO 22000? It is a Food Safety Management System (FSMS) that uses a management systems approach as well as a HACCP process. The goal of ISO 22000 is to provide one internationally recognized standard for a food safety management system that can be applied to any organization in the food chain. 126 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Pitfalls:

Pitfalls 127 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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A purchaser can take food samples from a vendor and have them analyzed. If the food is adulterated, the purchaser is supposed to get the cost of analysis refunded. But it is not clear who will refund the fee, the food analyst, the vendor or the government. It is also not clear who will issue the order of the refund. 128 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Portable water used in most food articles is excluded from the act. 129 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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TASKS AHEAD 130 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Designate and finalize upgradation plans for Referral labs and food laboratory infrastructure Different domestic Acts in the State have contradiction and restructuring in the New Act will be a challenge. e.g. Dangerous and Offensive Trade Act under Local bodies. Regulations for Organic foods, Functional foods, Novel Foods, GM foods 131 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Food Safety Surveillance Mechanism and Rapid Alert System Possibility of corruption due to the powers given to the officers either to grant license or impose huge penalty. 132 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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Standards have immense potential to safeguard public health if implemented efficiently. Implementation of these standards can give rise to exceptional improvements in food safety performance, but requires high level of commitment and full functional involvement of all stakeholders, particularly the industry. 133 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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How consumers are benefitted through FSSA? :

How consumers are benefitted through FSSA? The representative of the consumer organizations are members of the Food Authorities and Central Advisory Committee The consumer may analyze the samples of food on payment of fees. in case of injury of death of consumer there is a provision for compensation to the consumer. 136 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Does packaged & bottled water comes under FSSA, 2006? :

Does packaged & bottled water comes under FSSA, 2006? Yes 137 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

How will this law make imported food safer?:

How will this law make imported food safer? The FSSAI have posted the Authorized Officer at 14 ports of entries (including seaports, airports, ICDs). FSSAI is testing the samples of food products imported into India before their consignments are cleared at the ports. 138 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

A manufacturer with multiple manufacturing locations in many states. Do he need to get just one license as a company or one separate license to each of these locations:

A manufacturer with multiple manufacturing locations in many states. Do he need to get just one license as a company or one separate license to each of these locations   one license for your Company registered office and one license to each of the manufacturing locations.   139 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Do manufacturer of food additives only also need a license?:

Do manufacturer of food additives only also need a license?  Yes, even food additive manufacturers need a license from FSSAI. 140 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Is there  a minimum frequency of analysis under FSSA?:

Is there  a minimum frequency of analysis under FSSA?  Yes,   it is mandatory to analyse all relevant parameters (chemical and microbiological) mentioned in the FSS Regulations at least once in six months. 141 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Does a transporter who transports food item along with other non food item within a single state from city to city or city to small towns have to obtain a FSSAI license.:

Does a transporter who transports food item along with other non food item within a single state from city to city or city to small towns have to obtain a FSSAI license.   Yes. Even transporter of food needs a license. While applying for license, you need to select "Transporter of food" in the application form. 142 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Who is exempted from licenses/registration of FSSAI (food business operator)?:

Who is exempted from licenses/registration of FSSAI (food business operator)? Farmers,fisherman who are the primary food producers are exempted under the FSSAI. Also people who prepare food for their household purposes are exempted.   143 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

Can a public file case against vendor in police station ?:

Can a public file case against vendor in police station ? The public can not file a case under FSSA against an adulterator. They have to get the FSO take the sample and then get it tested through the DO. Only a DO or the Commissioner of Food Safety can file a case under FSSA. Cases under the FSSA can not be filed in ordinary courts 144 24/02/2014 INSTITUTE OF COMMUNITY MEDICINE

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