Food Safety Enforcement in India | Structure of FSSAI

 

Food Safety Enforcement

“Food Safety means assurance that food is acceptable for human consumption according to its intended use”.

Enforcement means how an act is implemented for the welfare of society and promote awareness about food safety across all parts of the country. From that instance, one can prevail that Food Safety Enforcement is an assortment of different parameters like people, other resources, government authorities for implementation of the FSS Act, 2006 at ground level to maintain and regulate food safety.

The concept of food safety enforcement generally implies a combination of two main keynotes.

1. Governing Structure of FSSAI

2. Food Enforcement Authorities  

Governing Structure of FSSAI:

FSSAI (Food Safety and Standard Authority of India) established under the Ministry of Health and Family Welfare (MoH&FW) on 05 Sept. 2008. The head office of the Food Authority is at Delhi. The Food Authority may establish its offices at any other places in India.

Food Safety and Standards Authority of India in association with State Food Authorities are responsible for the implementation & enforcement of FSSA, 2006.

The administration of FSSAI is according to Section 4, as specified in the FSSA, 2006. It is also known as Apex Food Authority in India. FSSAI acts as a single reference point for all matters related to food safety and standards, rules, regulations in the country. In today’s blog, we are trying to cover the detailed information of the governing structure of FSSAI.

Composition of FSSAI:

Food Authority mainly consists of one chairperson and 22 members. Out of which 1/3^rd seats are reserved for women. The different members in the composition of FSSAI have included the following members.

a)     7 members: They represent different Ministries such as Agriculture, Commerce, Consumer Affairs, Food Processing, Health, Legislative Affairs, Small Scale Industry.

b)     2 members: Food Industry.

c)     2 members: Consumer Organization.

d)     3 members: Eminent Food Technologist

e)     5 members: Different Zones

f)      2 members: Farmer’s Organization

g)     1 member: Retailer’s Organization.

Chairperson and Members:

The Chairperson or Members of the Food Authority shall not hold any other office (except ex officio). It means the persons who wish to appoint for the said position do not hold any key position in the government bodies. The Central Government shall make a reference to the selection committee for filling up the vacancy in the following instances.

1.    Within two months from the date of occurrence of any vacancy by reason of death, resignation or removal or chairperson or the members.

2.    Three months before completion of the term of office of the chairperson or any member of the authority. 

The selection committee shall finalize the selection of the Chairperson and members of Food Authority within two months from the date on which the reference is made to it. The selection The committee shall recommend a panel of two names for every vacancy referred to it. The Chairperson and the members of the Food Authority can hold office for a term of three years and eligible for re-appointment for a further period of three years subject to a maximum age of 65 years for Chairperson and 62 years for members.

CEO (Chief Executive Officer) of FSSAI:

The CEO is appointed under section 9 of the FSS Act, 2006. Following are some of the functions of CEO specified under Section 10 of the act.

1. The Chief Executive Officer shall be the legal representative of the Food Authority.

2. Chief Executive Officer shall be responsible for -

a.    The day to day administration of the Food Authority.

b.    Implementation of the work programmes and the decisions adopted by the Food Authority.

3. Chief Executive officer shall submit the following activities on yearly basis to the Food   Authority:

a.    A general report covering all activities of the Food Authority in the previous year.

b.    Programme of the work

c.    Annual accounts for the previous year

d.    Required budget for the coming year.

4. The CEO shall exercise the powers of the Commissioner of Food Safety while dealing with matters of food safety.

5. The CEO shall have administrative control over the officers and other employees of the Food Authority.

6. He should approve all financial expenditures of the Food Authority.

7. The CEO should be forwarding the general report and the programs to the Central Government and State Government and publish them.

FSSAI Structure:

The structure of the Food Authority is 3 tier structures. It includes three important bodies to implement the act according to specified regulations.

The central Advisory committee is responsible for compliance and inspection made under the FSS Act, 2006. The central Advisory committee is well assisted by the state-level steering committee and district-level committee.

While the scientific committee and scientific panel are mainly accountable with concern to the implication of food standards and specifications under the act. The main aim of the food standards is to protect the consumer and facilitate international food trade. It mainly includes code of conduct, code of hygiene, MRL of pesticides, etc. The diagrammatic representation is shown below.

1. Central Advisory Committee:

Central Advisory Committee shall consist of:

1. Two members each represent the interests of the food industry, agriculture, consumers, relevant research bodies, and food laboratories.

2. All Commissioners of Food Safety

3. Chairperson of the Scientific Committee.

The Chief Executive Officer of FSSAI shall be the chairperson of the Central Advisory Committee. The Chief Executive of FSSAI is also known as Commissioner of Food Safety. It shall follow rules and regulations specifies by the act. It was established on 6^th Oct 2009.

Functions of the Central Advisory Committee:

Ensure close co-operation between the Food Authority and the enforcement agencies operating in the field of food.

It shall advise the Food Authority on:

·         Drawing up proposals for the Food Authorities work program.

·         On the prioritization of work.

·         Identifying potential risks.

·         Pooling Knowledge.

·      It shall meet regularly at the invitation of the Chairperson or at the request of at least one-third of its members, and meet not less than three times in a year

2. Scientific Panel:

A scientific panel is typically a group of independent scientific experts. The Food Authority may from time to time reconstitute the Scientific Panel by adding new members or by omitting existing members.

The Food Authority has constituted new 06 Scientific Panels and hence total scientific panels are 19 and valid for a three-year term from 01 Jan. 2020 to Dec. 31, 2022, as per the provision made under Section 15 of FSSA, 2006. It is consisting of independent scientific experts from the following:

1.    Food Additives, Flavouring & contact material.

2.    Pesticide residues.

3.    Genetically modified organisms and foods.

4.    Functional food, Nutraceuticals & similar products.

5.    Biological hazards

6.    Contaminants in the food chain

7.    Labelling claims and Advertisements

8.    Method of sampling and analysis.

9.    Fish and Fish Products

10. Milk and Milk Products

11. Meat and Meat Products including poultry.

12. Cereals, pulses, legumes including bakery

13. Fruits and vegetables

14. Oils and Fats

15. Sweets, confectionary, sugar, honey water, including a flavored and non-alcoholic beverage

16. Nutrition and fortification

17. Antibiotic residues

18. Spices and condiments and packaging

19. Alcoholic beverages            

3. Scientific Committee:

The Scientific Committee consists of the Chairperson of the Scientific Panel and Six independent experts not belonging to any of the Scientific Panel. It is responsible for providing scientific opinions to the Food Authority. It shall have the powers of organizing public hearings.

Scientific Committee shall provide opinion on multi-sector issues of more than one Scientific Panel. Scientific Committee and Scientific Panel both shall choose the Chairperson among their members.

Currently, there are 17 scientific committees and two added recently along with one scientific the committee all sums up to 20.

Duties and Functions of Food Authority:

All duties and functions of FSSAI are included in section 16 of the act. The following are the different functions performed by the Food Authority.

1. To regulate and monitor the manufacture, processing, sale of food to ensure safe food.

2. The Food Authority specify

·         The standards and guidelines related to articles of food.

·         Limit for use of food additives, pesticide residue, heavy metals, crop contaminants & food irradiation.

·         Guidelines for accreditation of Laboratory.

·         Sampling methods, analysis and exchange of information among enforcement authorities.

·         Food Labelling standards including claims on health, nutrition, and others.

3. Food Authority shall also

·         Provide scientifically advice and technical support to central and state government to have food safety.

·         Search, collect, analyze and summarize the data related to food consumption and exposure of individuals to risks, biological risks, contaminants in food and introduction to a rapid alert system.

·         To promote consistency between international technical standards & domestic standards.

·         Contribute to the development of Sanitary and Phytosanitary Standards.

·         Promote awareness related to food safety and food standards.

4. Food Authority shall make it to the public about

·         Opinion of Scientific Committee and Scientific Panel

·         The results of the scientific studies.

5. Food Authority shall give some directions to the Commissioner of Food Safety for his power under the act.

6. Food Authority should not disclose third party confidential information.

Reference Video:

Channel Link: https://www.youtube.com/channel/UCDul7uf7pcbM_kWCEaA9WvA

Work Division of FSSAI:

FSSAI works through 11 different divisions or departments.

1.    Import Division

2.    Eat Right India Movement

3.    International Co-operation

4.    Regulatory Compliance Division (RCD)

5.    Food Safety Management System (FSMS) Division

6.    Risk Assessment and R&D division (RARD)

7.    Information Education Communication (IEC) Division

8.    Regulation and Codex Division

9.    Quality Assurance/ lab Division

10. HR Division

11. Standards Division