COMPARATIVE ANALYSIS: FSS (PACKAGING AND LABELLING), 2011 VS FSS (LABELLING AND DISPLAY), 2020.

by Amrit Behera

Abstract:

This article mainly focuses on the rules and regulations brought up by the Food Safety and Standards Authority of India (FSSAI) through the amendments in the food safety and standards (packaging and labelling) regulations, 2011 and the food and safety and standards (labelling and display) regulations, 2020. And how is it important for the citizens of India. And how does it comply with the Right to Information act.

Introduction:

The Food Safety and Standards Authority of India (FSSAI) is a statutory organisation which is established by the Ministry of Health and Family Welfare, which comes under the government of India. This organisation has been established under the Act of Food Safety and standards 2006 which has the responsibility to govern the rules and regulations relating to food safety. The Food Safety and Standards Authority of India (FSSAI) is in charge of protecting and promoting the public health by regulating and supervising food safety.[i]The FSSAI is led by a non-executive Chairperson chosen by the Central Government who is currently or has previously held the position of not below the rank of Secretary in the office to the Government of India. If we look into the present scenario Rita Teaotia is the chairperson of FSSAI and the position of Chief Executive Officer for FSSAI is being held by Shri Arun Singhal.[ii]

The headquarters of FSSAI is located at New Delhi. The authority extends to ever 6 regional offices located at Delhi, Chennai, Mumbai, Cochin, Guwahati and Kolkata. FSSAI has notified 14 referral laboratories, 72 state/UT laboratories all over India, and 112 NABL approved commercial laboratories.[iii]

Food Safety & Standards (Packaging & Labelling) Regulations, 2011:

General Labelling Requirements:

The following states the information which must be carried on by every pre-packaged food:-

The declaration details on the label must be written in English or Hindi in Devanagari script.
The foods that are pre-packed must not be described on any label in any way that is untrue, misleading, or deceptive, or that is likely to give the wrong impression about its character in any way.
Pre-packaged food labels must be applied in such a way that they do not separate from the container.
Under normal purchase and use situations, the contents of the label must be clear, conspicuous, indelible, and easily legible by the consumer.
When a wrapper covers the container, the wrapper must carry the appropriate information, or the container’s label must be easily accessible through the wrapper and not obscured by it.

Labelling of Pre-Packaged Foods:

In addition to the standard labelling requirements, each food product must provide the following information on the label:

Name or description of food
List of ingredients
Nutritional information per 100 gm or 100ml or per serving of the product shall be given on the label
Declaration regarding veg or non-veg
Declaration regarding food additives
Name and complete address of the manufacturer
Net quantity- by weight or volume or number
Lot/code/batch identification
Date of manufacture or packing
Best before and use by date
Country of origin for imported food
Instructions for use

Rules and Regulations for labelling of food products in India:

As per the Food Safety and Standards (Packaging and Labelling) Regulations, 2011Labels must not include any references to acts, rules, or regulations that are in conflict with the needed information. The phrases “recommended by the medical profession” or other words that imply or suggest that the food is suggested, prescribed, or approved by medical practitioners or approved for medical purposes shall not appear on the label of any package containing food for sale. It is forbidden to use language that show mimicry without permission. Imitations are not to be labelled “pure” the word “pure” or any word or words of similar meaning shall not appear on the label of a box containing an imitation of any food.[iv]

Food and Safety and Standards (Labelling and Display) Regulations, 2020:

The Food Safety and Standards Authority of India published The Food Safety and Standards (Labelling and Display) Regulations, 2020 in Gazette ID CG-DL-E-10122020-223635 dated 18.11.2020 and published in Gazette on 10.12.2020.

The Food Authority has decided to split the Food Safety and Standards (Packaging and Labelling) Regulations, 2011, into two parts: (i) the Food Safety and Standards (Packaging) Regulations, 2018; and (ii) the Food Safety and Standards (Labelling and Display) Regulations, 2019.The Food Safety and Standards Authority of India, in exercise of the powers conferred by clause (k) of sub-section (2) of section 92, read with section 23 of the Food Safety and Standards Act, 2006 (34 of 2006), and in supersession of the Food Safety and Standards (Packaging and Labelling) Regulations, 2011, makes the following regulations, that is specifically named as“The Food Safety and Standards (Labelling and Display) Regulations, 2020.” These regulations shall take effect on the date of their publication in the Official Gazette, and Food Business Operators must comply with all provisions of these regulations one year after their publication in the Official Gazette, with the exception of Chapter 3 of these regulations, which Food Business Operators must comply with by January 1, 2022.

Important highlights of Food and Safety and Standards (Labelling and Display) Regulations, 2020 are

“Any information or pictorial device is written, printed, or graphic matter may be displayed on the label provided that it is not in conflict with the requirements of these regulations.”[v]
The ingredients list must include a descriptive title, such as “Ingredients/List of Ingredients.”
Except in circumstances where water is part of an ingredient, such as brine, syrup, or broth, utilised in the compound food and is so disclosed in the list of ingredients, added water must be declared in the list of ingredients.
On the label, the “Date of manufacturing or packaging” and “Expiry/Use by” must be indicated. The phrase “Best before” might, however, be used as optional or supplementary information. The terms “Date of manufacture or packaging” and “Expiry /Use by” should be combined and stated in one location.

Conclusion:

The main motive of the Food Safety and Standards Authority of India (FSSAI) is to provide better quality of food to the citizens of India. So it can be concluded that both Food Safety & Standards (Packaging& Labelling) Regulations, 2011 and Food and Safety and Standards (Labelling and Display) Regulations, 2020 are steps taken in the right direction. As it provides transparency and clarity to the citizens of India regarding the food that they are buying.

[i]Arun Singhal appointed as CEO FSSAI, , https://www.livemint.com/companies/people/arun-singhal-appointed-as-ceo-fssai-11590766468076.html (last visited Jul 8, 2021).

[ii]FSSAI, , https://www.fssai.gov.in/cms/authorised-officer.php (last visited Jul 8, 2021).

[iii]Food Safety Laws and the Role of FSSAI – Vakilsearch, , https://vakilsearch.com/advice/food-safety-laws-and-the-role-of-fssai/ (last visited Jul 8, 2021).

[iv]Food Safety And Standards (Packaging And Labelling) Regulations, 2011, , https://ssrana.in/corporate-laws/food-laws/packaging-labelling-food-india/ (last visited Jul 8, 2021).

[v] FSSAI: Highlights Of FSS (Labelling and Display) Regulations, 2020 | TaxClue, https://taxclue.in/fss-labelling-and-display-regulations-2020/ (last visited Jul 7, 2021).

[vi] Picture: MyAdvo.in