FAQs on Enforcement
Q 1. What is enforcement of FSS Act, 2006?
Ans: Responsibility of ensuring compliance of FSS Act, 2006 rules and regulations made thereunder by the FBO’s
Q 2. How is Enforcement undertaken?
Ans:Enforcement is undertaken on the basis of surveillance, monitoring, inspection and random sampling of food products carried out by the Officials of Food Safety Departments
Q 3. Who is responsible for implementation & Enforcement of FSSA, 2006? Or Who is the regulatory authority under the Food Act in India?
Ans: Food Safety and Standards Authority of India and State Food Authorities are jointly responsible for implementation & enforcement of FSSA, 2006. The details are provided Section 29 of FSS Act, 2006.
Q 4. How Enforcement activities are done with respect to FBOs.
Ans:The enforcement is primarily undertaken by all Food Safety Commissioners of State/UT along with Designated Officers and Food Safety Officers.
Q 5. Where can consumers find information on enforcement activities of FSSAI?
Ans: The details are available on FSSAI’s Official website:http://www.fssai.gov.in/home/compliance/compliance-orders.html
Q 6. Does any liability rest with the FSO and can enforcement action be taken against the FSO for not fulfilling his role?
Ans: The FSO shall be liable to a penalty which may extend up to one lakh rupee ifhe / she is found to be guilty of an offence mentioned under section 39 of the Act. Provided that in case the complaint made against the Food Safety Officer is false, the complainant shall be punishable with fine which shall not be less than fifty thousand rupees and may extend to one lakh rupees.
Q 7. What is Improvement Notice & who issues improvement notice?
Ans: The improvement notice is the notice issued by Designated Officer if FBO fails to comply with the regulations as mentioned in Section 32 of the FSS Act, 2006.
Q 8. Under what circumstances can the DO suspend the license?
Ans:- If the food business operator fails to comply with an improvement notice, his licence may be suspended.
Q 9. Under what circumstances can the DO cancel the license?
Ans:- If the food business operator fails to comply with the improvement notice, the DO may, after giving the licensee an opportunity to show cause, cancel the licence.
Q 10. Whether an appeal can be filed against this Improvement notice, suspension/ cancellation of incense?
Ans:- Yes, any FBO aggrieved by an improvement notice may appeal to the State Commissioner of Food Safety whose decision thereon shall be final. The same can be challenged in the Food safety Appellate Tribunal/ high court of his respective States/Uts
Q 11. What is the time frame for making an appeal to the State Commissioner of Food Safety?
Ans:-Fifteen days from the date on which notice of the decision was served on the person desiring to appeal or the period specified in the improvement notice whichever expires earlier.
Q 12 Sections under which penalties are issued?
Ans: The provisions relating to offences and penalties are specified under section 48 penalties are given from Section 49-67 of the Act. A brief is given below:
|Section||Offence||Persons covered||Imprisonment||Fine (Rs.)||Petty Manufacturer|
|50||Food not of quality demanded by purchaser; Not in compliancewith the Act||Seller||-||2 Lakhs||Penalty Rs. 25,000/-|
|51||Sub-standard food||Manufacturer, Seller, Storage, Distributor, Importer||-||5 Lakhs||-|
|52||Misbranded food||-do-||-||3 Lakhs||-|
|53||Misleading advertisement: False description; Or||Publisheror any person involvedin publishing||-||10 Lakhs||-|
|Nature or quality or substance;|
|54||Food contains extraneous matter||Manufacturer, Seller, Storage, Distributor, Importer||-||1 Lakhs||-|
|55||Failure to comply withFSO direction||Food business operatoror importer||-||2 Lakhs||-|
|56||Unhygienicor unsanitary: Processing; or Manufacture||Manufacturer or processor||-||1 Lakhs||-|
Q 13. What is a food recall and what is its purpose?
Ans: “Recall” means action taken by the FBO to withdraw any food from market which is not complying Section 28 of FSS Act, 2006.
Q 14. Which license is required by a food business operator to run a food business in more than two states?
Ans: Food Business Operator operating in more than two States has to get Central License for its registered Office/ Head Office and separate license/ Registration for each units depending upon the capacity/ turnover from the concerned State/ Central Licensing Authority.
Q 15. What are the types of complaints/Grievance that can be addressed to the FSSAI or State Authorities?
Q 16. How can a consumer register his complaint or grievance?
Ans:Consumers can connect to FSSAI through various channels. Consumers can register their complaints and feedbacks about food safety issues related to adulterated food, unsafe food, substandard food, labelling defects in food and misleading claims & advertisements related to various food products.
Q 17. How the complaints are addressed at State level?
Ans: Upon the receipt of complaint/grievance, the Designated Officer may examine the complaint/grievance and if found the samples are required to be lifted or inspection of premises is required, he may forward the same to the concerned food safety officer. Food safety Officer may inspect the premises or may draw samples as per the merits of the case under intimation to designated officer.
Q 18. Is it necessary that the name of the food product on the label should exactly be the same as mentioned in the annexure of the FSSAI license?
Ans: Regarding the name of food products to be mentioned on the label, FBOs are required to comply with the relevant provisions of Food Safety and Standards (Labeling and Display) Regulations, 2020 and any other such direction issued by the Food Authority, from time to time in this concern
It is clarified that while complying with the aforesaid provisions of regulations, the name of the food product on the label may be at variance with the name mentioned in the annexure of the FSSAI license. However, the name of the food should indicate the true nature of the food contained in the package and should comply with sub regulation 5 (1) of Food Safety and Standards (Labeling and Display) Regulations, 2020
Q 19. Is there any difference between Ready-to-eat or Ready-to-cook food products?
Ans: Ready-to-eat foods are pre-cleaned, pre-cooked and ready for consumption without prior preparation and Ready-to-cook food includes all of the ingredients & some preparation and cooking is required as per instruction given on the package.
Q 20. Is it mandatory to mention FSSAI License/ Registration No. on all food Business Transaction Documents including B2B Transaction?
Clarification: Clause 2.1.14(2) Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 states that “Guarantee Every manufacturer, distributor or dealer selling an article of food to a vendor shall give either separately or in the bill, cash memo, or label a warranty in Form E” (Format of form E depicting license number of FBO is given in schedule-2 of Regulations).
Further as per FSSAI order No. 15(31)2020/FoSCoS/RCD/FSSAI dated 8th June, 2021 all food businesses whether transacting with vendor or consumer are mandatorily required to declare 14- digit FSSAI License/registration number on receipts / cash memo/ bills etc. or in the format of Form E, on sale of a food products.
Also, it is mentioned under para 9 of the said order that “No new transaction document is being mandated to be issued”.
Q. 21 Is ‘+F’ logo required for both Iodized Salt (fortified with Iodine only) and Double Fortified Salt?
Ans. Common salt without Iodization cannot be sold or offered for sale as per sub-regulation 2.3.12 of the Food Safety and Standards (Prohibition and Restrictions on sales) Regulations, 2011. Further, since the Iodization of common salt is mandatory since 2005, the product does not require any promotion as a fortified commodity. Hence the requirement of carrying “+F" logo on label in case of Iodized Salt (fortified with Iodine only) shall not be applicable as already mentioned in sub-regulation 7(2) of the Food Safety and Standards (Fortification of Foods) Regulations, 2018.
Q. 22 With reference to the Rule 2.4.1(6) of FSS Rules, 2011, please clarify regarding the calculation of rates for cost of sample taken by Food Safety Officers for analysis?
Ans. Rule 2.4.1 (6) of FSS Rules, 2011 related to ‘Sampling and Analysis’ states that, “Where a Food Safety Officer or the purchaser takes a sample of an article of food for analysis, he shall pay, the cost of such sample, to the person from whom the sample is taken, calculated at the rate at which the article is sold to the public.”
'The rate at which the article is sold to the public' means the unit selling price of the article of food at the first point of sale of the Food Business Operator (from whom such sample has been drawn) i.e. the price charged by the FBO to the buyer (wholesaler/ retailer/end customer as the case may be).
Q 23. After the commencement of Food Safety and Standards (Labelling and Display) Regulations, 2020, if the non-erasable labelling information available on returnable glass containers and labelling information available on crown varies, which labelling information is to be considered for regulatory/enforcement purposes for the returnable glass containers?
Ans. After the commencement of Food Safety and Standards (Labelling and Display) Regulations, 2020, if the non-erasable labelling information available on returnable glass containers and labelling information available on crown varies, the labelling information available on crown will prevail and will be considered for regulatory/enforcement purposes for the returnable glass containers.
Q 24. What is the appropriate Kind of Business and licensing category for manufacturing of black salt, pink salt, etc. and do they need to be mandatorily iodized?
Ans. The FSS (Food Products Standards and Food Additives) Regulations, 2011 and FSS (Fortification of Foods) Regulations, 2018 provide standards only for Edible Common Salt, Iodized Salt and Double Fortified Salt. The standards for Edible Common Salt specifies a minimum of 96% Sodium Chloride (NaCl) on dry basis which is not likely to be met by any of the other salts such as pink salt, black salt, Himalayan Rock salt, etc.. Therefore, other salts such as Black salt, Pink Salt, Himalayan Rock Salt, etc. need to be licensed as ‘Proprietary food’ with nearest category as Edible common salt (FC 12.1.1) and need not be mandatorily iodized.
Q 25. Can FBOs mention two brand owners details on label like ‘Marketed by’ and ‘Co- Marketed by’?
Ans. The sub-regulation 5(6)(a) of Food Safety and Standards (Labelling and Display) Regulations, 2020 specifies that the name and complete address of the brand owner, whether or not, he himself is the manufacturer, marketer, packer or bottler, as the case may be, shall be declared on the label. Such name and address shall be preceded by the qualifying words “Manufactured by (Mfg by, Mfd by)” or “Marketed by (Mkt by)” or “Manufactured & Marketed by” or “Packed & Marketed by” as the case may be.
It is clear from above mentioned sub-regulation that brand owner and marketer can be different and marked on the label as “Manufactured by (Mfg by, Mfd by)” or “Marketed by (Mkt by)” or “Manufactured & Marketed by” or “Packed & Marketed by”. However, there is no term as 'Co-Marketed by' in the regulations made under FSS Act.
Q 26. FSSAI’s direction dated 22.10.2021 states that vitamins and minerals may be added upto one RDA to any standardised food product listed under Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. Is the direction applicable to those standardised food products also where maximum limits of vitamins and minerals have already been prescribed under the respective food product standard?