indian and international food laws

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1 -DEBOMITRA DEY (RA1512022010004) AJAY KRISHNAMURTHY (RA1512020010005) Click icon to add picture INDIAN AND INTERNATIONAL FOOD LAWS

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Page 1: Indian and international food laws

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-DEBOMITRA DEY (RA1512022010004)AJAY KRISHNAMURTHY (RA1512020010005)

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INDIAN AND INTERNATIONAL

FOOD LAWS

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To meet a country’s sanitary and phytosanitary requirements, food must comply with the local laws and regulations to gain market access.

These laws ensure the safety and suitability of food for consumers.

Factors on which it depends, In some countries food laws also govern food quality and composition standards.

Food laws and RegulationsThe requirement of food regulation may be based on several factors such as whether a country adopts international norms developed by the Codex Alimentarius Commission of the Food and Agriculture Organization of the United Nations and the World Health Organization or a country may also has its own suite of food regulations.

Each country regulates food differently and has its own food regulatory framework.

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DESCRIPTION OF QUALITY SYSYEMS FOOD LAWS-Food laws implemented for 2 reasons-• Regulation of specification of food• Regulation of hygienic conditions of processing/manufacturing.

• Food laws are either mandatory or voluntary, they are set up to established by authorities to as a rule to measure of quantity, weight, value or quality.\

• INTERNATIONAL ORGANIZATION GOVERNING FOOD SAFETY1. WORLD HEALTH ORGANIZATION (WHO)2. WORLD TRADE ORGANIZATION (WTO)3. FOOD AND AGRICULTURE ORGANIZATION (FAO)4. CODEX ALIMENTARUS COMMISSION (CAC) [UNDER FAO/WHO]5. INTERNATIONAL ORGANIZATION FOR STANDARDIZATION (ISO)6. NATIONAL ADVISORY COMMITTEE FOR MICROBIOLOGICAL

CRITERIA FOR FOODS (NACMCF)7. INTERNATIONAL COMMISSION FOR MICROBIOLOGICAL

SPECIFICATION FOR FOODS (ICMSF)

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• Legislation governing food industry in India:• Different voluntary legislations are made for the purpose to

guarantee stated quality and sales promotion. Number of control orders have been formulated under the provisions of Essential Commodities Act, which operate on the main objectives of regulating the manufacture, commerce and distribution of essential commodities. There are various commodity boards such as Spices board, Tea board, Coffee board, National Horticulture Board operating in India which undertake research and development work for respective fields.

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FOOD LAWS IN OUR COUNTRY

The Indian Parliament has recently passed the Food Safety and Standards Act, 2006 that overrides all other food related laws.Such as;• Prevention of Food Adulteration Act, 1954• Fruit Products Order,1955• Meat Food Products Order ,1973• Vegetable Oil Products (Control) Order, 1947• Edible Oils Packaging (Regulation) Order 1988• Solvent Extracted Oil, De- Oiled Meal and Edible Flour

(Control) Order, 1967,• Milk and Milk Products Order, 1992 etc are repealed after

commencement of FSS Act, 2006.

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COMPULSORY LEGISLATIONS• The Food Safety and Standards Authority of India (FSSAI) has been established under

Food Safety and Standards Act, 2006 which consolidates various acts & orders that have hitherto handled food related issues in various Ministries and Departments.

• FSSAI has been created for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for human consumption.

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PREVENTION OF FOOD ADULTERATION (PFA) ACT, 1954

MODE OF OPERATION-a) Ministry of Health & Family Welfareb) Directorate General of health servicec) Central committee for food standards Special features-a) Minimum quality standardb) Ensure safety against harmful impurities, adulteration, mandatory lawc) Non-following of PFA Act leads to fine and imprisonment

•The Act was promulgated by Parliament in 1954 to make provision for the prevention of adulteration of food. Broadly, the PFA Act covers food standards, general procedures for sampling, analysis of food, powers of authorized officers, nature of penalties and other parameters related to food.

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REGULATIONS-• Makes provision for prevention of adulteration of food.• Adulterated, misbranded, not in accordance with the conditions of license

shall be prohibited for selling.• No such food shall be imported. Standards for commodities have been

specified in the rules. Proprietary foods shall specify the ingredients in the product in the descending order of their composition of the label.

•It deals with parameters relating to food additives, preservative, coloring matters, packing & labelling of foods, prohibition & regulations of sales etc. The provisions of PFA Act and Rules are implemented by State Government and local bodies as provided in the rules.

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ATOMIC ENERGY RULES, 1991 (CONTROL OF IRRADIATION OF FOOD) – DAE

REGULATIONS-• Irradiation application of foods.• Certificate with the dose and purpose is insisted upon

SPECIAL FEATURE-• Certificate of irradiation indicating the dose and the purpose

shall be provided by the competent authority.

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ESSENTIAL COMMODITY ACT, 1954 (MINISTRY OF FOOD)

REGULATION-• Regulates the manufacture of commodities, commerce and

distribution.

SPECIFICATION-• Formations of other suborders for easy implementation

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FRUIT PRODUCTS ORDER (FPO) 1955

Mode of operation-MOFPI CENTRAL FOOD PRODUCTS ADVISORY COMMITTEE

Special features-Licensing authority ‘FPO’ standard mark shall be imprinted on the products

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It is mandatory for all manufacturers of fruit and vegetable products including some non fruit products like non fruit vinegar, syrup and sweetened aerated water to obtain a license under this Order.

REGULATIONS-• Regulates manufacture and distribution of all fruit &

vegetable products. Exempted from the provisions of the order to products prepared by Drug control act and Educational Institutions for training purposes. Quantity shall not exceed 10kg. License shall be issued after the satisfaction of quality of product, sanitation, personnel, hygiene, machinery, equipment and work area requirements as per the schedule specified.

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Fruit product means any of the following articles, • Non fruit beverages, syrups and sherbets• Vinegar, whether brewed or non-fruit• Pickles• Dehydrated fruits and vegetables• Squashes, crushes cordials, barley water, barreled juice, and ready to serve

beverages, fruit nectars or any other beverages containing fruit juices or fruit pulp

• Jams, jellies and marmalades• Tomato products, ketchup and sauces• Preserves, candied and crystallized fruit and peel• Chutneys• Canned and bottled fruits, juices and pulps• Canned and bottled vegetables• Frozen fruits and vegetables• Sweetened aerated water and without fruit juice pr fruit pulp• Fruit cereal flakes• All unspecified fruit and vegetable products which are considered

microbiologically safe and contains only permitted additives within permissible limits.

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Meat Food Products Order (MFPO)

• The main objective is to regulate production and sale of meat food products through licensing of manufacturers, enforce sanitary and hygienic conditions prescribed for production of wholesome meat food products, exercise strict quality control at all stages of production of meat food products, fish products including chilled poultry etc.

• Meat & Meat Products are highly perishable in nature and can transmit diseases from animals to human-beings.

• Processing of meat products is licensed under Meat Food Products Order,(MFPO) 1973 which was hitherto being implemented by Ministry of food Processing industries.

• Under the provision of MFPO all manufacturers of meat food products engaged in the business of manufacturing, packing, repacking, relabeling meat food products meant for sale are licensed but excluding those manufacturers who manufactures such products for consumption on the spot like a restaurant, hotel, boarding house, snack bar, eating house or any other similar establishment.

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Milk and Milk Product order (MMPO)

• The objective of the order is to maintain and increase the supply of liquid milk of desired quality in the interest of the general public and also for regulating the production, processing and distribution of milk and milk products.

• As per the provisions of this order, any person/dairy plant handling more than 10,000 liters per day of milk or 500 MT of milk solids per annum needs to be registered with the Registering Authority appointed by the Central Government.

• In every case where the milk or milk product is packed by the holder of a registration certificate in a tin, barrel, carton or any other container, the registration number shall either be exhibited prominently on the side label of such container or be embossed, punched or printed prominently thereon

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VEGETABLE OIL PRODUCTS (REGULATION) ORDER ,1998 [Ministry of Food Consumer Affairs]

Regulations-Regulates the production and distribution of all the edible oils. Specifications of the products provided.

Special features-Supersedes the vegetable oil products (control) order, 1947 and Vegetable Oil Products (Standards of Quality) order, 1975. BIS Certification for the tin plates used for vanaspati packaging is deleted.

SUGAR (CONTROL) ORDER, 1966 [Ministry of Agriculture and Irrigation Department of Sugar]

Regulations- Regulates the manufacture, quality and sale of sugar

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EXPORT (QUALITY CONTROL & INSPECTION) ACT, 1963

MODE OF OPERATION-a) Ministry of Commerceb) Export inspection council, 5 regional export inspection agencies network of 50

offices

REGULATION-• Regulates compulsory pre-shipment inspection• Exportable commodities list has been notified for pre-shipment inspection• Quality control of various export product is monitored

SPECIAL FEATURES-• AGMARK has been recognized as an agent for inspection and quality control of

certain items• Voluntary inspection at the request of foreign buyers and advice of export

inspection council is also carried out

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STANDARDS ON WEIGHTS AND MEASURES ACT, 1976MODE OF OPERATION-a) Ministry of Food & Civil Suppliesb) Directorate of weights and measures

REGULATION-• Prescribed conditions for packed products with respect to quantity declaration,

manufacturing date and sale price

SPECIAL FEATURES-• Provides relief to the weaker sections of the society and protecting the consumer

in general by guaranteeing the quantity for the amount paid

THE CONSUMER PROTECTION ACT, 1986 [Ministry of Food & Civil Supplies]REGULATION-• Provision made for the establishment of consumer councils and other authorities for the

settlement of consumer disputes.

SPECIAL FEATURES-• Protection of the interest of consumer

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ENVIRONMENT PROTECTION ACT, 1986 [Ministry of Environment & Forestry]

REGULATIONS-• Regulates the manufacture, use and storage of hazardous microorganisms/ substances/

cells used as foodstuff

SPECIAL FEATURES-• Compulsory for every food plant discharging waste into mainstream to obtain a No

objection certificate (NOC) from respective State Pollution Board.

THE INSECTICIDE ACT, 1968 [Directorate of Plant Protection, Quarantine and Storage, Ministry of Agriculture]

REGULATIONS-• Describes the safe use of insecticides to ensure that residual level doesn’t pose any

health hazard

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VOLUNTARY STANDARDS

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1. AGRICULTURAL PRODUCE (GRADING & MARKETING) ACT, 1937 [Directorate of Marketing and Inspection]

REGULATION-• Grade and Standards are prescribed for Agricultural & Allied Commodities

Grading, sorting as per quality attributes and inspection are included

SPECIAL FEATURES-• Activity based on marketing and grading at producer’s level. AGMARK

certification.

Standards are being harmonized with international standards keeping in view the WTO requirements. Certification of agricultural commodities is carried out for the benefit of producer/manufacturer and consumer

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2. BUREAU OF INDIAN STANDARDS (BIS) [Indian Standards Institution]

REGULATION- • Prescribing of grade standards, formulation of standards, specification of foods,

standards for limit of toxic compounds as applicable.• Implementation of regulation by promotion through its voluntary and third party

certification system, specifying of packaging and labelling requirements.

SPECIAL FEATURES-• General cover on hygienic conditions of manufacture, raw material quality & safety

are given. Quality and safety oriented standards2.1 CERTIFICATION MARKS SCHEME, BIS ACT, 1986 (rules and regulations) [BIS]

REGULATIONS-• Regulates the certifications scheme for various processed food products, ingredients

and packaging containers.SPECIAL FEATURES-• Ensure the quality to the consumer by certification.