laws and regulation related to food

8/6/2019 Laws and Regulation Related to Food

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aws andaws andegulationsegulationselated to Foodelated to Food

&roduction &roductionMarketingarketingDr. Satish Jangra

2009A229M


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05/25/11 Dr. Satish Jangra 2

NeedFood is one of the essentials for maintenance

of life and is embedded in cultural and socialhabits of people.

It is very important that the food available issafe/hygiene, wholesome with rightnutritional content, free from infection /bacterial contamination, intoxication,contamination and adulteration.

Therefore Food Regulations and standardshave become a sensitive subject and theregulation of the quality of the food productsthe object of an increasing public interest.


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Standardization Systems in

IndiaIn the food and agriculture sector there are

number of organizations responsible for theformulation of Standards and monitoring their

quality. These can be generally classified intwo systems as under.

A. Compulsory Legislations.

B. Voluntary Standards.


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Compulsory Legislations1.Prevention of Food Adulteration Act 19542.Essential Commodities Act 1954

Weights and measures

Fruit Products Order

Meat Food Products Order

Livestock Importation Act

Milk and Milk Products OrderPlant Quarantine Order

Export (Quality Control and Inspection) Act,1963


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reven on o ooAdulteration Act 1954 (PFA-

1954) The most important compulsory legislation in our

country in the area of Food Products. The basic statutory regulation intended to protect

the common Consumer against the supply ofadulterated food products.

Provisions for prevention of adulteration of foodproducts.

Forbids sale, storage & distribution of anyadulterated or misbranded food products notconforming to the Standards laid down under theRules.

Standards define the minimum quality and areintended to ensure safety in the consumption offood products and safe guard against harmful

impurities, contaminations and adulteration etc.


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reven on o ooAdulteration Act 1954 (PFA-

1954)Provisions of this act are mandatory and

contravention to these rules leads to bothfine and imprisonment.

Protects India against impure, unsafe, andfraudulently labelled foods.

The PFA standards and regulations applyequally to domestic and imported productsand cover various aspects of food processingand distribution.

Includes food colour, preservatives, pesticideresidues, packaging and labelling, andregulation of sales.


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Essential Commodities Act

1954A number of Control orders have been

formulated under the provisions of theEssential Commodities Act.

The main objectives of the Act are to regulatemanufacture/production, Commerce/tradingand distribution of the essential commoditiesincluding the food products.



Weights and measuresStandards are administered by the Ministry of

Consumer Affairs, Food and PublicDistribution under the Standards of Weights

and Measures Act, 1976All weights or measures must be recorded in

metric units and certain commodities canonly be packed in specified quantities

(weight, measure or number). These includebaby and weaning food, biscuits, bread,butter, coffee, tea, vegetable oils, milkpowder, and wheat and rice flour.



Weights and measuresShelf life

At the time of importation food products arerequired to have a valid shelf life, or residual

shelf life, of not less than 60 per cent of theiroriginal shelf life.



Fruit Products Order 1955

(FPO)Regulates the fruit and vegetable processing sector

Administered by the Department of FoodProcessing Industries.

Contains specifications and quality controlrequirements regarding the production andmarketing of processed fruits and vegetables,sweetened aerated water, vinegar, and syntheticsyrups.

All such processing units are required to obtain alicense under the FPO, and periodic inspectionsare carried out.

Processed fruit and vegetable products importedinto the country must meet the FPO standards.



Meat Food Products Order,

1973Regulations for the production of meat products.

The Directorate of Marketing and Inspection at theMinistry of Agriculture is the regulatory authority

The Order:Specifies sanitation and hygiene requirements for

slaughterhouses and manufacturers of meatproducts.

Contains packing, marking and labeling provisions

for containers of meat products.Defines the permissible quantity of heavy metals,

preservatives, and insecticide residues in meatproducts.

Applicable to both domestic processors and

importers of meat products.


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Livestock Importation

Act, 1898 The import of meat products, eggs and egg

powder and milk products require a sanitaryimport permit from the Department of Animal

Husbandry, Dairying and Fisheries at theMinistry of Agriculture.

A detailed import risk analysis is carried out,taking into account the disease situation

prevailing in the exporting country comparedwith the disease situation in India.


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Milk and Milk Products

Order, 1992Controls the production, distribution and

supply of milk products.

The Department of Animal Husbandry, Dairyingand Fisheries at the Ministry of Agriculture isthe regulatory authority.

Sets sanitary requirements for dairies,machinery, and premises, and includesquality control, certification, packing, markingand labeling standards for milk and milkproducts.

Also applicable to imported products.


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Plant Quarantine Order,

2003 The Plant Quarantine (Regulation of Import into India)Order, 2003 prohibits and regulates the import ofagricultural articles.

The implementing agency is the Directorate of Plant

Protection, Quarantine, and Storage, under theDepartment of Agriculture and Cooperation, Ministryof Agriculture.

Order includes:A ban on the import of certain plants and planting

materials from designated countries (e.g. sugarcane

from Australia)A restriction on the import of other plants and plant

materials to authorized institutions, with additionaldeclarations and special conditions attached.

A requirement for additional declarations (such as aphytosanitary certificate issued by the exporting

country) and special conditions for a further positivelist of plants and plant materials.


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Export (Quality Control and

Inspection) Act, 1963The Export Inspection Council is responsible for the

operation of this Act.A large number of exportable commodities have

been notified for compulsory pre-shipmentinspection.

The quality control and inspection of various exportproducts is administered through a network ofmore than fifty offices located around majorproduction centres and ports of shipment.

Recently, the government has exemptedagriculture and food products, fruit products andfish and fishery products from compulsory pre-shipment inspections; provided that the exporterhas a firm letter from the overseas buyer stating

that the same.


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Voluntary Standards:1. Bureau of Indian Standards

2. Directorate of Marketing and Inspection(D.M.I.)

3. Eco-Mark

4. ISO Standards:


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Bureau of Indian

Standards The main functions are formulation of Indianstandards for food and food products and theirimplementation by promotion and throughvoluntary and third party certification systems.

Standards cover raw materials permitted and theirquality parameters; hygienic conditions underwhich products are manufactured and packagingand labeling requirements.

Manufacturers complying with standards laid down

by the BIS can obtain and "ISI" mark that can beexhibited on product packages.BIS has identified certain items like food

colours/additives, vanaspati, and containers forpacking, milk powder and condensed milk, for

compulsory certification.


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Directorate of Marketing

and Inspection (D.M.I.)Enforces the Agricultural Products (Grading and

Marketing) Act, 1937.

Grade Standards are prescribed for agricultural and

allied commodities, known as "Agmark"Standards.

The quality of the product is assessed withreference to factors like areas\ of production,variety, shape, weight, color, moisture, fat

content and relevant chemical and physicalparameters.

Grading under the provisions of the Act isvoluntary.

Manufacturers who comply with standard laid downby DMI are allowed to use "Agmark" labels on


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Eco-Mark The Ministry of Environment and Forests haveinstituted on labeling of environment friendlyproducts, on a national basis.

The scheme provides to identifying, accreditationand labeling of consumer products which do leastdamage to the environment and also meet thequality standards/requirements of the relevantIndian Standard for the product.

Some of the food products identified under theECO-MARK Certification are Tea, Coffee, RefinedVegetable oils, Vanaspati, FoodAdditives/Preservatives, Processed Fruits andVegetable Products, Infant Foods and Beverages.


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ISO Standards The International Standards Organization hasintroduced the quality system standards ISO 9000series. These Standards provide guidelines and

criteria for the formal control of products andservices by the manufacturing company andassure the purchaser/consumer a consistentacceptable standard of products and services.

The ISO 9000 system builds a baseline system formanaging quality. The focus, therefore, is ondesigning a total quality management system,

The millennium standard (ISO 9000:2000) haschanged the focus from procedure to process.


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ISO Standards The main features of the ISO 9000:2000standards are:

Refinement in the presentation to make

reading easy and elimination of generalinauditable statements such as"consideration shall be given

The present standard gave an impression that

it was applicable to manufacturing situationthough it was applied in organizations ofdifferent types and sizes, including theservice sector. The new standard is a broad-based standard applicable to all sectors.

In the new standards, approach has changed


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Other Government

RegulationsIndustrial LicenseForeign Investment

Foreign Technology Agreements

Import of Capital Goods

Import of Second Hand Capital Goods


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Industrial License:No license is required for setting up a DairyProject in India. Only a Memorandum has tobe submitted to the Secretariat for Industrial

Approvals (SIA) and an acknowledgment is tobe obtained.

However Certificate of Registration is requiredunder the Milk and Milk Products Control

Order (MMPO) 1992.


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Foreign InvestmentForeign Investment in dairying requires priorapproval from the Secretariat of IndustrialApprovals, Ministry of Industry, as dairying

has not been included in the list of HighPriority Industries.

Automatic approval is given upto 51% ForeignInvestment in High Priority Industries.

In case of other Industries, proposals arecleared on case to case basis.

Government allows 51% without enforcing theold limit of 40% applicable under ForeignExchange Regulations Act at its discretion.


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Foreign Technology

AgreementsForeign Technology Agreements are freely

allowed in high priority industries under thefollowing terms:

Lump sum payment of Rs 10 millionRoyalty payment of 5% on domestic sales and

8% as exports subject to total payment of8% on sales turnover, over a 10 year periodfrom the date of agreement or 7 years from

commencement of production.Foreign Technology Agreements in dairying

also need prior approval. Foreign Exchangerequired for payment of Royalty will have tobe purchased at market rates.

Foreign Technicians can be freely hired.


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Import of Capital GoodsImport of capital goods is automaticallyallowed if it is financed through ForeignEquity.

Alternatively, approval is needed from theSecretariat of Industrial Approvals.

The approval depends on the availability ofForeign Exchange Resources.


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Import of Second Hand

Capital GoodsImport of Second hand goods is allowed

subject to the following conditions:

Minimum Residual life of 5 years

The equipment should not be more than 7years old

A certificate from the Chartered Engineers ofthe country of origin certifying the age andthe Residual life is to be produced.

Import will be allowed only for actual users.


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Implementation of

Standards/Quality ControlFor effective implementation of the regulatory standards

and monitoring the quality of the graded and certifiedfoods and food products made available by themanufacturers requires a network of Testing /

Analytical Laboratories with basic modern analyticalfacilities and technical manpower.The functions of these laboratories is:

To carry out/undertake the testing of the food productsas per various regulatory standards and ascertaintheir compliance to the relevant standards.

Undertake Research and Development (R&D)investigations, Collaborative Studies and generationof data for evolving new standards and revising theexisting standards and quality assessment studies.

To identify and take corrective actions on non-conformities observed by quality assessments.


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Quality ControlBefore undertaking the testing of FoodProducts it is necessary to classify the FoodsProducts and the quality tests to be

undertaken.Food and Food Products are classified as under:

Sugar and Honey products.

Edible Starches and Starch Products.

Food Grains and their Products.

Bakery and Confectionery.

Protein Rich Foods.

Spices and Condiments.


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Quality ControlFruits and Vegetable Products.Stimulant Foods like Tea, Coffee, Cocoa

Powder.

Alcoholic Drinks and Carbonated Beverages.Dairy Products.

Meat, Fish and Poultry.

Oils, Fats and Oil Seeds.

Food Colors, Preservatives, Additives.

Snacks, Fast Foods, Cooked Foods.


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Suggestions to ensure food

safety After getting a thorough knowledge about the food safety andquality standards in India, we have to understood what Indianagriculture need. Following are some of the suggestions to seegreener India in the future. Use of advanced biotechnological methods in agricultural

production. Ensure proper implementation of Quality Standards to maintain

quality in food. Constant and rapid change in the agricultural methods which

meets global standards should be implemented.There is a need to shift from the existing expensive, inefficient

and corruption ridden institutional arrangements to those that

will ensure cheap delivery of requisite quality grains in atransparent manner and are self-targeting. Government should attract students to take specialized

agriculture courses wherein they will gain knowledge about theimportance of agriculture in the near future.

Farmers should be aware of the quality standards to be followedwhich will lead them to better yield of crops.


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ConclusionAs awareness regarding food safety and standardsis growing the need to adopt new safetymeasures us arising.

The increase in world food trade has raised interestin food safety requirements. India should realizethe need to meet these challenges and keep pacewith international developments. So in order toensure Food Safety and Security in India, theGovernment should take necessary measures for

proper implementation of the Quality Standardsin place.The Consumer is primarily interested in his health

being protected from the hazards of consumingcontaminated / adulterated food than the legalaction". So, in order to safeguard the consumerinterest the Food Standards must be adopted and


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Referenceshttp://agricoop.nic.in/http://bis.org.in

http://fcamin.nic.in

http://foodsafetyindia.nic.in/

http://fcamin.nic.in/

http://csca.and.nic.in/weight.htm

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