Food Safety and Standards Act, 2006

Background and evolution

Before 2006, food in India was regulated by several laws administered by different ministries, including the Prevention of Food Adulteration Act, 1954, the Fruit Products Order, 1955, the Meat Food Products Order, 1973, the Vegetable Oil Products (Control) Order, 1947, and the Milk and Milk Products Order, 1992. Overlapping standards, multiple inspections and outdated provisions created confusion for businesses and weak protection for consumers.

The Group of Ministers and the Standing Committee on Agriculture recommended an integrated food law. The Food Safety and Standards Act, 2006 created a single authority, and the FSSAI was set up in 2008. Regulations came into force in August 2011. The Act adopts principles of risk analysis, transparency and the precautionary approach, in line with the Codex Alimentarius standards.

Key features and provisions

• FSSAI: a chairperson and 22 members, including representatives of ministries, states, food industry, consumer organisations, farmers and scientists.
• Standards: FSSAI sets science-based standards for food articles, including limits on additives, contaminants, pesticide residues and labelling.
• Licensing and registration: small food businesses (petty vendors, home businesses) register; larger businesses require state or central licences, depending on size and type.
• Enforcement: Commissioners of Food Safety in states, Designated Officers in districts, and Food Safety Officers who inspect and collect samples.
• Laboratories: notified food laboratories and referral laboratories test samples.
• Adjudication: Adjudicating Officers impose penalties for non-criminal violations; Food Safety Appellate Tribunals hear appeals.
• Offences: sub-standard food (fine up to ₹5 lakh), misbranded food (up to ₹3 lakh), misleading advertisements (up to ₹10 lakh), unsafe food (imprisonment from six months to life, depending on harm).
• Recall: food businesses must recall unsafe food.
• GM and novel foods: require FSSAI approval.