[Yojana July Summary-2] India’s Food Safety Regulatory Landscape- Explained Pointwise

India’s food regulatory landscape has undergone a transformative journey with the enactment of the Food Safety and Standards Act (FSSA), 2006. This comprehensive Act replaced the erstwhile fragmented and outdated laws and established the apex food regulator of the country, the Food Safety and Standards Authority of India (FSSAI). A stringent and vigilant food regulatory system is necessary for ensuring food safety in the country.

What is the Organisational structure regulating food safety in India?

The Government of India diligently works towards establishing a strong, transparent, predictable, and risk-based regulatory framework for ensuring safe food for consumers. This includes the coordinated efforts of various ministries and departments-

Role of FSSAI

a. Standard Setting Process and Harmonisation

The FSSAI develops food safety guidelines in line with the international guidelines, particularly those established by the Codex Alimentarius Commission. This harmonisation ensures alignment with global best practices, facilitates international trade, and promotes higher levels of food safety.

The Food Authority lays down science-based standards for articles of food with the support of its subsidiary bodies- Scientific Panels (SPs) and the Scientific Committee (SC). These standards include provisions for food additives, limits on contaminants, toxins, antibiotic residues, pesticide residues, microbiological criteria, packaging and labelling requirements.

The regulations are then finalised after appropriately addressing the stakeholder comments and subsequently endorsed by the Scientific Committee and Food Authority. These regulations are notified after legal vetting by the Department of legislative Affairs and subsequent approval by the MoHFW for implementation as a final standard.

b. Enforcement Machinery and Regulatory Oversight

The Food Safety Compliance System (FoSCoS) serves as an integrated online platform for licensing, registration, and monitoring FBOs capacity and compliance. There are different sets of good hygiene and manufacturing practices specified according to the risk and product matrix.

FSSAI has developed a Risk-Based Inspection System (RBIS) that targets Food Business Operators (FBOs) based on risk matrices, optimising regulatory efforts.

c. Capacity Building and Promoting a Culture of Self-Compliance

Food Safety Training and Certification (FoSTaC) programme which aims to build the capacity of food handlers and ensure the presence of trained Food Safety supervisors in food establishments.

Third Party Ecosystem: FSSAI has also recognised third-party auditing agencies to conduct mandatory food safety audits for high-risk food categories.

The Hygiene Rating Scheme, is a voluntary initiative, which encourages foodservice and retail businesses (bakery, meat, and dairy) to assess their compliance and improve their food hygiene and safety levels.

d. Managing the Import of Food Products

The Food Import Clearance System (FICS) ensures that all imported food products meet the required safety and quality standards. At present, FSSAI has notified authorized officers at 156 points of entries to facilitate food import clearance.

e. Food Testing Ecosystem and Surveillance

FSSAI has established a network of primary laboratories, referral laboratories, and National Reference laboratories (NRL) to support food analysis and surveillance activities. 239 primary food testing labs, 22 referral
labs, and 12 reference labs, along with over 264 Food Safety on Wheels (FSW) have been positioned strategically
across the nation.

What is the significance of ensuring food safety in India?

1. Protection of public health- Stringent food safety standards help in reducing the risk of food-borne illness by protecting consumers from unsanitary, unwholesome, mislabeled, or adulterated food.

2. Economic Growth and Development- India’s Food safety regulatory landscape contributes to economic development by maintaining consumer confidence in the food system and providing a sound regulatory foundation for domestic and international trade in food.

3. Boost to India’s Food exports- The food safety regulations align with global food safety standards. It helps in avoiding trade barriers and rejections due to non-compliance with safety regulations. For ex- Rejection of Indian rice by EU food regulators.

4. Food Security- India’s food regulatory landscape mitigates risks related to food contamination and adulteration that could threaten food availability. It supports food security by ensuring that food supplies are safe.

5. Promotion of Innovation and Research- It encourages research and innovation in food technology and safety measures. It also provides a framework for developing new food safety solutions and improving existing practices.

What are the challenges with food safety regulatory landscape in India? 

1. Rampant Adulteration- Widespread and rampant adulteration of food products which includes milk, spices, and edible oils, remains a grave challenge to food safety in India. For ex- A 2012 study conducted by the FSSAI across 33 states found that milk in India was adulterated with diluted water, detergent, fat and even urea.

2. Feeding of ’empty calories’- Major packed food brand products contain items that have no nutritive value like added sugar. These are major causes of diabetes, cardio vascular diseases and obesity in India.

3. Weak Enforcement and Accountability- The enforcement of food safety regulations is often lax in India. Many food businesses operate without proper licenses and continue to compromise on safety standards.

4. Corrupt practices on part of FMCG players- The Fast Moving Consumer Goods industry players are often found to indulge in violation of the labelling requirements about the ingredients in their products. For ex- Maggi noodles ban due to high levels of lead and MSG.

5. Lack of Infrastructure and Resources- The food safety standards domain in India suffers from the challenge of shortage of laboratories, trained personnel, and funds necessary for regular and stringent food inspections. For ex- Use of synthetic sweetener in cake leading to death of teenage girl in Punjab.

6. Limited Public Awareness- A significant proportion of the Indian population remains unaware of food safety practices, including proper food handling, storage, and hygiene. For ex- Over use of pesticides and fruit ripening agents in agriculture cause cancer.

7. Complex Regulatory Framework- The complex regulatory framework for food safety makes it difficult for small and medium enterprises businesses, to adhere to the necessary standards. These also lead to regulatory gaps and inconsistencies in enforcement.

What should be the way Forward?

1. Strengthen Infrastructure and Resources- There must be an increase in the investment in food safety infrastructure, including laboratories, training facilities, and regulatory bodies. Adequate funding and resources are needed to conduct regular inspections and ensure compliance with safety standards.

2. Simplification of Regulations- The regulatory framework for food safety should be made more accessible and business-friendly. Simplification and streamlining of regulations can encourage compliance, especially among small and medium-sized enterprises.

3. Strict Enforcement and Accountability- Regulatory bodies must rigorously enforce food safety standards. This includes imposing stringent penalties for violations and taking legal action against non-compliant businesses. For ex- Specification of an upper limit for added sugars.

4. Enhancement of Public Awareness- A comprehensive public awareness campaign on food safety should be launched targeting both consumers and producers regarding the importance of food safety.

5. Encouragement of Responsible Agricultural Practices- Promoting responsible and sustainable agricultural practices can reduce contamination risks at the source. Encouraging the use of organic farming, reducing pesticide usage, and implementing proper waste management are essential steps.