The powers of state governments to issue additional rules under the FSSA

Source: The post the powers of state governments to issue additional rules under the FSSA has been created, based on the article “Orders for eateries to display owners’ names: Understanding food safety laws in states” published in “Indian Express” on 3rd October is 2024

UPSC Syllabus Topic: GS Paper 2- Governance-Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Context: The article explains that states are requiring food businesses to display owner details for safety reasons. It also discusses legal provisions, challenges, and penalties under the Food Safety and Standards Act (FSSA) for non-compliance with food safety regulations.

For detailed information on Food Safety Regulations in India read this article here

What are the recent directives for food establishments in Uttar Pradesh and Himachal Pradesh?

1. The Uttar Pradesh government issued a directive requiring food establishments to display the names of the operator, proprietor, and manager prominently.
2. This directive was aimed at improving food safety and public health.
3. The Himachal Pradesh minister proposed a similar rule, but the state government distanced itself from his statement.
4. The UP government’s directive also includes installing CCTV cameras at food outlets and conducting a state-wide verification campaign.
5. The directive was driven by incidents of food adulteration, such as mixing inedible substances into food, to safeguard public health in the state.

What does the Supreme Court say about these orders?

1. The Supreme Court stayed similar orders passed by police in UP and Uttarakhand for this year’s kanwar yatra, saying that police cannot “usurp” the power to issue such directives.
2. The Court clarified that only a “competent authority” under the Food Safety and Standards Act (FSSA) can issue orders related to food safety regulations.
3. The challenge to these orders was based on claims that they discriminated on religious grounds, violating Article 15(1) and Article 19(1)(g) of the Constitution.
4. The petitioners argued these orders could lead to an economic boycott of minorities, supporting untouchability (Article 17).

What legal requirements are food businesses already following under the FSSA?

1. Registration or Licence Requirement: All food businesses must either register or obtain a licence from the Food Safety and Standards Authority of India (FSSAI), as per the Food Safety and Standards Act (FSSA).
2. Display of Registration/License: Petty Food Manufacturers (such as hawkers, vendors, and stall holders) must display their registration certificate and photo identity card prominently within their premises, vehicle, or cart. Larger businesses are required to display their FSSAI-issued licence in a prominent place.
3. Penalties for Non-Compliance: If a food business operates without a licence, it can face imprisonment of up to six months and a fine of up to Rs 5 lakh under Section 63 of the FSSA.
4. Improvement Notices: Upon failure to comply with FSSA provisions, a business may receive an ‘Improvement Notice’. Failure to comply may lead to suspension or cancellation of their licence.

What are the powers of state governments to issue additional rules under the FSSA?

1. Authority to Issue Rules: Under Section 94 of the FSSA, state governments can make additional rules in consultation with the Food Authority.
2. Approval Process: Rules made by the state must be approved by the state legislature (Section 94(3)).
3. Scope of Powers: States can create rules on functions of the Commissioner of Food Safety (Section 94(2)(a)), such as carrying out surveys or training programs.

Question for practice:

Discuss the legal provisions and penalties under the Food Safety and Standards Act (FSSA) for non-compliance with food safety regulations in India.