Food Safety and Regulatory Framework. Marketing Officer FSSAI,Chennai

Transcription

1 Food Safety and Regulatory Framework Dr.B.G.Pandian Marketing Officer FSSAI,Chennai

2 Changingg g food products, processes, food habits and life style To regulate: manufacture, storage, distribution, sale and import of food Globalization of food trade To achieve level of protection of human life and health, consumer s s interest and fair practice in all kind of food trade. 2

3 Communicate general public the risks to health and measures taken to prevent, reduce or eliminate the risk Determine food standards based on Risk analysis, undertake risk assessment on available scientific evidence in objective, transparent manner. Prevent: a. fraudulent, deceptive deceptive, unfair trade practices, and b. unsafe or contaminated or sub standard food Notification of Food poisoning-medical practitioners to report food poisoning CONTD

4 Improvement notices Food Alerts Prohibition orders including by courts- on use of process or treatment,use of premises or equipment for any food business.

5 Use of Food additives or processing aid Naturally occurring toxic substances, heavy metals other contaminants Pesticides veterinary drugs residues, antibiotic residue, microbiological counts Packaging and Labelling of Food Items Advertisements and unfair trade practices

6 Multiplicity of food laws, standard setting and enforcement agencies for different sectors of food Varied Quality/Safety standards restricting innovation in food products Thin spread of manpower, poor laboratories infrastructure and other resources non-conducive to effective fixation of standards Standards rigid and non-responsive to scientific advancements and modernization Poor Information dissemination to consumer level 6

7 SALIENT FEATURES OF FOOD SAFETY AND SALIENT FEATURES OF FOOD SAFETY AND STANDARDS ACT, 2006

8 FOOD PROCESSING Food Processing

9 Meat Food Products Order, 1973 Vegetable Oil Products (Control) Order, 1947 Edible Oils Packaging (Regulation) Order, 1998 Solvent Extracted Oil, Deoilded Meal, and Edible Flour (Control) Order, 1967 Fruit Products Order, 1955 Milk and Milk Products Order, 1992 Prevention of Food Adulteration Act, 1954 Food Safety and Standards Act, 2006 Any other order under Essential Commodities Act, 1955 relating to food 9

10 CRITICAL SHIFT - I PFA FSSA Multiple Authorities Single Authority Ad lt ti Adulteration S f t Safety Prescriptive Standards Categorized Standards Inspection/ Control Monitoring & Surveillance Insufficient Enforcement Personnel Full time district Officer, Food Safety Officers under FSC Poor Lab Network Wide network of laboratories 10

11 CRITICAL SHIFT- II Defined roles of Food Business Operator, Regulator including Food dauthority of India Compounding of offences (except for which punishment ih prescribed) Adjudication process Time limit for prosecutions (trial to start within 1 year from the date of commission of offence) Appellate Tribunals and special courts including summary trials

12 NEW INITIATIVES Implementation of the Act is a new activity Thrust on Capacity Building & Training i of all Stakeholders Emphasis on Communication & Awareness to have informed choice Centre of Excellence and Food safety Centers National Food Science and Risk Assessment Laboratory National Food Safety Training Institute Food Laboratory in every district Food Sf Safety Assistance at each Panchayat 12

13 Comprehensive provisions -Offences and Penalties Punishments and Penalties under the New Law Penalty for selling food not of the nature or substance or quality demanded (Rs.25,000) Penalty for sub-standard food (may extend to Rs 5 lakh) Penalty for misbranded food (may extend to Rs.3 lakh ) Penalty for misleading advertisement (may extend to Rs. 10 lakh ) Penalty for food containing extraneous matter may extend (may extend to Rs 1 lakh ) Penalty for failure to comply with the directions of Food Safety Officer (Rs.2 lakh ) Penalty for unhygienic or unsanitary processing or manufacturing of food (Rs 1 lakh ) Penalty for possessing adulterant (Rs.2-10 lakh ) Penalty for contraventions ti for which h no specific penalty is provided d (Rs.2 lakh

14 Punishment prescribed Punishment for unsafe food (6 months imprisonment for life) Fine, Rs lakhs. Punishment for interfering with seized ed items (up to 6 months imprisonment) Fine,Rs. 2 lakhs. Punishment for false information (up to 3 months imprisonment) Fine, Rs.2 lakhs. Punishment for obstructing or impersonating a Food Safety Officer (up to 3 months imprisonment) Fine, Rs. 1 lakhs. Punishment for carrying out a business without license (6 months imprisonment) Fine, Rs. 5 lakhs. Punishment for subsequent offences

15 Imported food articles brought under this act-cent.govt to follow standards laid down by food authority while prohibiting, restricting or regulating import of food articles under Foreign Trade( Development & Regulation) Act Liability of manufacturer, storage, distributor, seller and importer of food- u/s 27 Food recall- u/s 28- Improvement notice- u/s Prohibition orders u/s 33

16 Old regulations New Arrangements No Lab Protocol No Awareness No compounding or Adjudication Laboratory yprotocols-testings, g, Referal Labs Awareness program PAN India Specific Provisions No separate department, Budget/Head of account No FSMS Commissioner Food Safety, Designated Officer, Food safety Officer, FSSAI, Large provision kept for centre/states FSMS-directs, control an organisation w.r.t Food safety

17 Food safety as a national movement Uniform food standards From prosecution towards self compliance, risk based inspection Supply chain safety Graded penalties quick disposal of cases Layered implementation Centre, State, Municipality, Panchayat Continual improvement through training and capacity building Whole seller responsibility expiry date, storage conditions, misbranding Seller s responsibility - unhygienic conditions, unsafe food

18 ADMINISTRATION AT CENTRAL ADMINISTRATION AT CENTRAL GOVERNMENT LEVEL

19 Authority of 22 members Represented by 7 nodal Ministries Agriculture Law Commerce Consumer affairs Health MSME Food processing Farmer association Trade bodies Consumer organisation Retailer s organisation States-by rotation every 3 yrs from zones in seriatim. i

20 Central Advisory Committee (CAC)-Select ministries, trade bodies and interest groups, Research bodies. Food labs, all Commissioner of food Safety, Chairperson of Scientific committee ex-officio member, CEO FSSAI- ex-officio Chairperson One Scientific Committee and 8 Scientific Panels: Food additives, flavourings, processing aids and materials in contact with food; Pesticides and antibiotics residues; Genetically modified organisms and foods; Functional foods, nutraceuticals, dietetic products and other similar products; Biological hazards; Contaminants in the food chain; Labelling; and Method of sampling and analysis

21 CEO FSSAI, Commissioner of food safety for central licensing National Codex Control Point (NCCP)- Shadow committee in select ministries Central labs including referral labs Separate Directors on Product Approval Quality Assurance (PAQA), Surveillance, Enforcement,Management services Authorized offices at major ports including airports and ICDs Regional offices- in all regions (major cities)

22 Ensures cooperation between Food Authority and Enforcement agencies and organisation operating in the field of food. Advises Food Authority about performance of its duties Draws proposal for Food authority s work program- w.r.t. prioritization of work program, Identify potential risks, Pooling of knowledge, Other functions as per regulations

23 ADMINISTRATIVE SETUP AT STATE ADMINISTRATIVE SETUP AT STATE GOVERNMENT LEVEL

24 Commissioner of Food Safety Enforcement of act in the state Conduct/ organize Training programmes Sanction prosecution for Offences, punishable with imprisonment Surveillance/ Survey of industrial unit engaged in Manufacture/ Processing of food in state. Will be nodal point for rewards scheme. Designated Officer Issue/ Cancel license to Food Business Operator Prohibit sale of food articles which contravene provision of FSS Act Sanction prosecutions and cases of contravention punishable with fines Investigation, complaint, including or against Food Safety Officer

25 Food Safety Officer Take sample Seize articles of food which contravene the provision of act Safe custody of samples Inspection of Food Business Operator Adjudicating Officer Food Safety Appellate Tribunal Food Safety Compounding Rule making power to states Special Courts State/ District Food Labs and Food Analysts

26 PROGRESS OF IMPLEMENTATION OF ACT Food Authority/ Central Advisory Committee, 8 Scientific Panels, and Scientific Committee established Integration of Staff under sec. 90 Gap analysis study of Food Testing Laboratories, 50 out of 72 labs are completed Import regulation mechanism started Rules under FSS Act, 2006 Notified FSS Regulations notified Regular interactions with State/ UTs Awareness Generation, Training of State regulators (more than 400 personnel trained including trainers), More than 20 National consultations/ Regional Conferences including one International workshop conducted Framework for accreditation of the Labs, FSMS, Food safety Plan 26

27 CHALLENGES Consumers demand improved quality, suitability, safety ft of food. Effective enforcement action to check adulteration Food security linked to Food Safety- less wastage of food Water shortage Portability of water- Processing & Drinking Changing life style and consumer demand d, more than 300 % increase in food processing (present 6% to reach 20% by 2015) Misleading claims and advertisements and poor awareness Food safety Structure at States Strengthening of Lab infrastructure in the country. 27

28 THANK YOU