This bi-monthly newsletter updates readers on recent developments in food and metrology laws, highlighting key compliance requirements across industries. It covers the FSSAI's directive to remove "100% fruit juices" claims, updates to the FoSCoS licensing system, amendments to the Food Safety and Standards Rules, and an advisory against the unauthorized use of liquid nitrogen in food preparation. It also includes warnings against human milk commercialization, Aadhaar requirements for the National Mission on Edible Oils Scheme, correct categorization of health and energy drinks on e-commerce platforms, and the Supreme Court's inquiry into pesticide overuse. Additionally, it addresses draft rules for radar equipment and moisture meters, new labeling rules for bulk pre-packaged goods, and an advisory from the Ministry of Information and Broadcasting on advertising compliance.
- No claim of "100% Fruit Juices" on Food Labels
Another advisory has been issued by The Food Safety and Standards Authority of India ("FSSAI") mandating all Food Business Operators ("FBOs") to remove any claim of '100% fruit juices' from the labels and advertisements of reconstituted fruit juices.
After conducting a detailed examination, FSSAI has concluded that according to the Food Safety and Standards (Advertising and Claims) Regulations, 2018, there is no provision for making a '100%' claim. During the said examination, it was further detected that such claims are misleading and false, and in many cases, the major ingredient of the fruit juice was water and not 'real juice'.
This directive is a reminder for FBOs to comply with the standards for fruit juices as specified under sub-regulation 2.3.6 of the Food Safety and Standards (Food Products Standards & Food Additives) Regulation, 2011. Specifically, in the ingredient list, the word "reconstituted" should be mentioned against the name of the juice that is reconstituted from the concentrate and if added nutritive sweeteners exceed 15 gm/kg, the product must be labeled as `Sweetened juice'.
A timeline till 1st September 2024, has been given to all the FBOs to exhaust all their existing pre-printed packaging materials.
- Food Safety and Compliance System ("FoSCoS"): Updating the Modification Application of License/Registration
Vide an Advisory dated 16th May 2024, FSSAI has introduced an additional provision in the FoSCoS system that allows FBOs to cancel their pending modification application and apply for an updated modification application.
Before this advisory, only one modification application at a time was permissible, due to which FBOs could apply for only one modification application for license/ registration at a time, and for any subsequent modification FBOs were required to file new/ next modification application of their license /registration post issuance of prior modified license/registration. This whole procedure was time-consuming and caused a lot of trouble for the FBOs.
Now it is open for the FBOs to cancel their pending modification application and apply for a fresh modification application with additional modifications.
- The First Amendment Rules, 2024: The Food Safety and Standards Rules, 2011
Rule 3.1 of the Food Safety and Standards Rules, 2011("Rules"), which deals with the adjudication proceedings and power of a designated officer to conduct an inquiry under specific provisions of the Food Safety and Standard Act, 2006 ("FSS Act"), has undergone an amendment.
The amendment rules are called as 'the Food Safety and Standards (First Amendment) Rules, 2024'. These rules have come into effect from 29th May 2024. As per the said amendment Sub-rule 3.1.1 relating to 'Holding of inquiry', under clause (5), has been amended and the following clause has been substituted, namely:
"5. The Adjudicating Officer shall have power to hold an
inquiry for purpose of adjudicating offences punishable under
sections 50, 51, 52, 53, 54, 55, 56, 57, 58, 61, 63, 64, 65, 66 and
67 of the Act."
Section 61 dealing with 'Punishment for false information'
and Section 63 'Punishment for carrying out a business without
license' of the aforesaid Act are addition to the above
sub-rule, which will now fall under the scope of inquiry of the
said rule.
- Advisory on Unauthorized use of Liquid Nitrogen
An advisory dated 3rd June 2024, has been issued by the FSSAI prohibiting direct and unauthorized use of liquid Nitrogen in food by the Food serving establishments/ restaurants, Bars, etc.
This advisory is essentially issued after several instances of unauthorized use of Liquid nitrogen are reported in Restaurants, bars, food serving establishments/caterers in fairs, marriages, etc. to make the food items like Ice-creams, Cocktails, Meetha pans, bakery items like biscuits, desserts, etc., more eye-pleasing or to add some theatre look at the time of serving. However, as per Appendix C of FSS (FPS&FA) Regulations, 2011, Liquid Nitrogen (INS 941) is permitted to be used in Dairy-based desserts-Ice Cream at GMP level for the technological function of 'Contact freezing and cooling' only.
The Advisory further clarifies that direct use of liquid nitrogen at the point of serving/plating is prohibited and the same will be considered as non-compliance. It is further, clarified that any violation of this advisory shall result in the initiation of statutory action against the FBOs under the FSS Act and the rules/regulations made thereunder.
- FSSAI Warns Against Sale of Human Milk and Milk Products
The FSSAI issued a directive on 24th May 2024, discouraging the commercialization of human milk and its derivatives. The FSSAI has explicitly stated that it has not sanctioned the processing or trade of human milk under the FSS Act and its accompanying regulations.
The sale of human milk and its derivatives in India is deemed unlawful. This encompasses any altered or processed forms of human milk. The FSSAI, via this directive, has emphasized that all activities pertaining to the commercial trade of human milk and its derivatives must be halted immediately. The State and Central Licensing Authorities have been instructed to ensure that no licenses or registrations are granted to enterprises engaged in the processing or sale of human milk.
- Central Government Mandates Aadhaar for National Mission on Edible Oils Scheme
The Central Government has mandated that eligible beneficiaries must provide proof of their Aadhaar number or complete Aadhaar authentication to receive benefits under the National Mission on Edible Oils-Oil Palm (NMEO-OP) Scheme.
- Clarification regarding the categorization of 'Health Drinks / Energy Drinks' on the E-Commerce Website
The FSSAI noticed that certain e-commerce websites were misunderstanding and misrepresenting some "proprietary food" goods (such as dairy or cereal-based beverage mixes) as "Health Drinks" or "Energy Drinks." To curb the issues an advisory was released in March 2024. In this advisory, the FSSAI has emphasized that the word "Energy Drink" may only be used for products that are licensed under particular FSS categories and fulfil certain requirements and conditions.
Furthermore, the name "Health Drink" is not recognized by the FSS Act or its rules and regulations. Therefore, e-commerce platforms are directed to immediately remove or de-link the beverages from the "Health Drink" and "Energy Drink" sections and place them under an appropriate category as defined by existing food safety Rules and Regulations.
- Supreme Court Seeks responses of the Central Government and FSSAI on allegation of overuse of Pesticides on Crops and other food items
The plea filed before the Supreme Court alleges that the Central government and Food authorities have failed to prevent, control, and abate the rising incidence of use and overuse of pesticides and other chemical insecticides on food crops and food items, artificial coloring, coating and waxing of pulses, food grains, and other items leading to a high incidence of deaths (caused due to said reasons) across the country.
Considering the seriousness of the contentions made in the said petition and arguments advanced before the Supreme Court, the court has issued a notice and has sought a detailed response from the Union and FSSAI regarding the excessive use of artificial chemicals in edibles.
- Draft Rules on Radar Equipment for the measurement of the speed of the vehicles
The Ministry of Consumer Affairs, Food and Publication distribution (MoCAFPD) on May 13, 2024, issued the Draft Legal Metrology (General) (Amendment) Rules, 2024, to further amend the Legal Metrology (General) Rules, 2011
The Microwave Radar equipment is a specialized radar that uses the Doppler effect to produce velocity data about vehicles at a distance. The draft essentially proposes the below key amendments for the measurement of the speed of vehicles as under:
- For the equipment which will be installed after publication of this notification shall be verified and stamped within one year.
- For the equipment which is already installed at the time of publication of this notification will be verified and stamped as and when their re-verification shall become due.
iii. For the equipment which is already installed at the time of publication of this notification and their re-verification has already become due or will become due during the next one year will be verified and stamped within one year.
Further, in the index of the Schedule of the Legal Metrology (General) Rules, 2011 under the Eight Schedule after Part X, the entries "Part XI", titled as "Radar equipment for the measurement of the speed of vehicles" will be inserted.
The draft rules mainly regulate three aspects of the equipment (i) its operation (ii) construction, and (iii) verification. These will be specifically applied to the to microwave Doppler radar equipment for traffic speed measurement used in legal proceedings.
These rules stipulate different performance tests for these instruments. Further, in order to seek approval a radar needs to clear the below mentioned tests in the below mentioned three categories.
The tests are divided into three categories i.e., Laboratory tests, influence factor tests, and field tests.
- Draft Rules on Moisture Meters for Cereal Grains and Oilseeds
The Ministry of Consumer Affairs, Food and Publication Distribution ("MoCAFPD") on 30th May 2024, issued the draft rules on Moisture Meters for cereal grains and oilseeds, seeking comments from the stakeholders.
The said draft rules are introduced to propose amendments to the Legal Metrology (General) Rules, 2011, ("General Rules 2011"), via "The Legal Metrology (General) (Amendment) Rules, 2024" ("Amendment Rules 2024").
The key proposals made under the said Amendment Rule 2024, are briefly includes:
- The 'grain' for the purpose of the specification means oil seeds, pulses, and cereal grains.
- It specifies the metrological and technical requirements, test methods and maximum permissible errors for the type of approval of grain moisture meters used in commercial transactions of cereal grains and oilseeds.
- It applies to grain moisture meters that measure the moisture content of a fixed representative-size grain sample and not to the devices used for in-motion measurement of grain or seed moisture content.
- It lays also down the Maximum Permissible Errors ("MPEs") and the formula to calculate MPEs.
- Annexure A to the amendment highlights considerations for determining which parameters of a grain moisture measuring instrument require sealing. It also provides examples of sealing methods, such as metrological audit trails, and the minimum requirements for an effective seal.
- New labelling rules for bulk pre-packaged goods: Proposed Amendment
The Department of Consumer Affairs, Government of India has proposed an amendment in Legal Metrology (Packaged Commodities) Rules, 2011, and sought feedback on the Proposed Legal Metrology Amendment.
This amendment proposes to bring pre-packaged items weighing over 25 kg or measuring more than 25 Liters (when sold in retail markets), within the purview of the aforesaid Rules. However, this amendment expressly excludes the packaged commodities which are meant for industrial consumers or institutional consumers.
- Advisory by the Ministry of Information and Broadcasting
An Advisory bearing No. 13011/8/2024BC.II dated 3rd July 2024 ("Advisory"), has been issued by the Ministry of Information and Broadcasting to the Advertisers and Advertising Agencies and Media stakeholders running advertisements on TV channels/print media/internet.
Recently the Hon'ble Supreme Court of India passed its decision in WP(C) No. 645/2022 i.e., Indian Medical Association & Anr. v. Union of India & Anr.
The direction laid out in the aforesaid decision are as follows:
- In view of the right of a consumer to be made aware of the quality of products being offered for sale by Advertisers/Advertising Agencies, the Court deemed it fit to mandate the Advertisers/Advertising Agencies to submit Self-Declaration before an advertisement is printed/aired/displayed as per Rule 7 of the Cable Television Networks Rules, 1994.
- No advertisements shall be permitted to be run on the relevant channels and/or in the print media/internet without uploading the self-declaration as explained below. The said directions of the Court shall be treated as the law under Article 141 of the Constitution of India.
Therefore, the Advisory states that the concerned stakeholders as mentioned above have been directed as under:
- Self-Declaration Certificate to be uploaded by the Advertisers or Advertising Agencies on the Broadcast Seva Portal (https://new.broadcastseva.gov.in/) for TV/Radio Advertisements.
- Self-Declaration Certificate to be uploaded by the Advertisers or Advertising Agencies on the Press Council of India Portal (https://presscouncil.nic.in/) for advertisements on print media/internet.
The uploading of Self-Declaration is required to take place annually. In addition, the proof of uploading of Self-Declaration is required to be made available to media stakeholders such as TV channels, newspapers, entities involved in publishing of advertisements on the internet, etc. for the record.
Lastly, the Advertising Agencies or Advertisers need to ensure that every advertisement issued by them is in adherence to the applicable Indian laws, rules and regulations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.