Food Safety and Standards Act, 2006

The Food Safety and Standards Act, 2006 (FSSA) is the principal legislation governing food safety regulation in India. It consolidates multiple food-related laws and establishes a single statutory authority to ensure the availability of safe and wholesome food for human consumption. The Act marked a paradigm shift from a regulatory regime focused on adulteration control to a comprehensive system ensuring food safety through preventive measures, risk analysis, and scientific standards.

Background and Rationale

Prior to the enactment of the FSSA, India’s food regulatory framework was fragmented and governed by multiple laws such as:

• The Prevention of Food Adulteration Act, 1954
• The Fruit Products Order, 1955
• The Meat Food Products Order, 1973
• The Vegetable Oil Products (Regulation) Order, 1998
• The Edible Oils Packaging (Regulation) Order, 1998
• The Milk and Milk Products Order, 1992

These laws were implemented by different ministries and departments, leading to overlaps, inconsistencies, and enforcement inefficiencies. Rapid industrialisation, growing consumer awareness, and increased food trade also necessitated a modern, science-based, and integrated regulatory framework aligned with global standards such as those of the Codex Alimentarius Commission (established by FAO and WHO).
To address these challenges, the Food Safety and Standards Act was passed by Parliament in August 2006 and came into force on 5 August 2011, after the establishment of the Food Safety and Standards Authority of India (FSSAI).

Objectives of the Act

The main objectives of the FSSA, 2006 are to:

1. Ensure food safety and quality by regulating the manufacture, storage, distribution, sale, and import of food.
2. Consolidate and streamline existing food laws under a single legal framework.
3. Establish the Food Safety and Standards Authority of India (FSSAI) as an apex body for food regulation.
4. Lay down science-based standards for food articles.
5. Facilitate trade and commerce in food while ensuring consumer protection.
6. Promote public health through preventive and corrective regulatory mechanisms.

Key Features of the Act

1. Integration of Food Laws

The Act repealed multiple pre-existing food laws and brought them under one comprehensive framework, creating uniformity and eliminating regulatory duplication.

2. Establishment of FSSAI

The Act created the Food Safety and Standards Authority of India (FSSAI) as an autonomous statutory body under the Ministry of Health and Family Welfare.

• Headquarters: New Delhi
• Composition: Chairperson and 22 members representing various ministries, food industry, consumer organisations, scientists, and farmers.
• Primary Functions:
  • Framing regulations and food safety standards.
  • Granting licences and registrations to food businesses.
  • Laying down guidelines for accreditation of laboratories.
  • Promoting awareness and conducting research on food safety.
  • Advising the Central and State Governments on food safety matters.

3. Single Reference Point for All Food-Related Matters

The Act designates FSSAI as the single reference authority for all issues related to food safety, replacing the multiplicity of departments and overlapping jurisdictions.

4. Scientific Basis for Standards

Food standards are established based on risk analysis, scientific evaluation, and international best practices. The Act incorporates principles of modern food safety regulation, including risk assessment, risk management, and risk communication.

5. Licensing and Registration of Food Businesses

All Food Business Operators (FBOs) — including manufacturers, distributors, retailers, transporters, and importers — must obtain licences or registrations from the FSSAI or State Food Authorities.

• Small operators are required to register.
• Medium and large businesses must obtain state or central licences depending on their scale and nature of operations.

6. Food Safety Management Systems (FSMS)

Every FBO is required to implement a Food Safety Management System, based on Hazard Analysis and Critical Control Point (HACCP) principles, ensuring safety throughout the food chain.

7. Responsibilities of Food Business Operators

The Act places primary responsibility for food safety on the FBOs. They must:

• Ensure that food meets prescribed standards.
• Maintain hygienic and sanitary conditions.
• Trace and recall unsafe food products.
• Provide accurate labelling and information to consumers.

8. Provisions for Food Recall

If food is found unsafe, FBOs must initiate recall procedures to withdraw such products from the market. The FSSAI has powers to monitor and direct recalls.

9. Food Import Regulation

The FSSA empowers FSSAI to regulate the import of food products, ensuring that imported foods meet Indian safety and quality standards.

10. Enforcement Structure

The Act establishes a three-tier enforcement mechanism:

• Central Level: FSSAI and Central Advisory Committee.
• State Level: State Food Safety Commissioners and Designated Officers.
• District Level: Food Safety Officers and Analysts.

11. Offences and Penalties

The Act prescribes stringent penalties for violations, ranging from monetary fines to imprisonment, depending on the gravity of the offence.
Examples of Penalties:

• Misbranding – Fine up to ₹3 lakh
• Sub-standard food – Fine up to ₹5 lakh
• Unsafe food causing death – Imprisonment up to life term and fine up to ₹10 lakh
• Failure to comply with food safety directions – Fine up to ₹2 lakh

12. Adjudication and Appellate Mechanism

• Adjudicating Officers (not below the rank of Additional District Magistrate) handle minor offences.
• Special Courts deal with serious offences.
• Food Safety Appellate Tribunal provides an appeal mechanism against adjudication orders.

13. Consumer Rights and Awareness

The Act emphasises consumer empowerment through access to information, grievance redressal, and awareness campaigns. Consumers can report violations through FSSAI’s platforms like Food Safety Connect and Food Alert Portal.

Institutional Framework under the FSSA

The FSSAI also coordinates with agencies such as Bureau of Indian Standards (BIS) and Export Inspection Council (EIC) to harmonise standards for domestic and export markets.

Major Regulations under the FSSA

The Act is supported by a series of detailed regulations known as the Food Safety and Standards Regulations, which cover specific aspects such as:

• Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011
• Food Safety and Standards (Packaging and Labelling) Regulations, 2011
• Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011
• Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011
• Food Safety and Standards (Import) Regulations, 2017
• Food Safety and Standards (Organic Foods) Regulations, 2017
• Food Safety and Standards (Fortification of Foods) Regulations, 2018
• Food Safety and Standards (Labelling and Display) Regulations, 2020

Achievements and Impact

Since its implementation, the FSSA, 2006 has significantly transformed India’s food regulatory landscape:

• Unified Framework: Integrated numerous laws under one umbrella.
• Improved Food Standards: Aligned Indian standards with international benchmarks.
• Enhanced Compliance: Increased awareness and accountability among food business operators.
• Consumer Protection: Reduced cases of adulteration and unsafe food through surveillance.
• Institutional Capacity: Strengthened laboratory and inspection infrastructure nationwide.
• Digitalisation: Licensing and monitoring have been streamlined through the FoSCoS (Food Safety Compliance System) and FoSTaC (Food Safety Training and Certification) platforms.

Challenges in Implementation

Despite major progress, several challenges persist:

• Inadequate Enforcement Capacity: Limited trained personnel and testing infrastructure in states.
• Compliance Issues: Small and unorganised food businesses face difficulties meeting regulatory norms.
• Consumer Unawareness: Many consumers are still unaware of their rights and food safety labels.
• Coordination Gaps: Overlaps between central and state enforcement authorities.
• Emerging Risks: Rising use of additives, processed foods, and imports create new safety challenges.

Recent Developments

• Food Fortification: Mandatory fortification of staples such as edible oil, milk, rice, and salt to combat malnutrition.
• Eat Right India Movement: A nationwide initiative promoting safe, healthy, and sustainable diets.
• Clean Street Food Hubs: Certification of hygienic street food clusters.
• Food Testing Network Expansion: Setting up of National Food Laboratories and referral labs.
• Front-of-Pack Labelling (FoPL): Proposed regulation to inform consumers about nutritional content.

Significance and Way Forward

The Food Safety and Standards Act, 2006 represents a modern, science-based approach to food regulation in India. It ensures consumer protection, facilitates fair trade practices, and enhances India’s competitiveness in global food markets.
Moving forward, policy focus should be on:

• Strengthening laboratory and inspection infrastructure.
• Promoting digital compliance systems across all states.
• Increasing awareness among consumers and small food enterprises.
• Adapting regulations to address innovations like genetically modified foods and nutraceuticals.
• Deepening coordination between FSSAI, industry, and state governments.