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

 

 

Distinctive Feature of Food Registration, State License and Central License

Food Business Registration and Licensing:

Friends nowadays for starting any food business to have registration number or license number is considered as the need of an hour.

The main responsibility lies towards the FBO i.e. Food Business Operator.

FBO means a person or entity engaged in any undertaking, whether private or public, for-profit or not, carrying out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, imports and including food services, sale of food or food ingredients.

With concern to the food business a person needs to be having registration number or license to run his business for any article of food or engaged in any activity therein.

Introduction:

FLRS (Food Licensing and Registration System) is the licensing apex body under FSSAI and launched in 2012. But due to some problems like an outdated system, less technical support and not cope with new changes FLRS is migrated to FoSCoS (Food Safety Compliance System). From the 1^st June 2020 FoSCoS come into effect to provide one point stop for all engagement of a Food Business Operator with concern to regulatory compliance.

In the first phase of the launch of the compliance system 09 states or U.T. (Union Territory) are selected. These are mainly Tamil Nadu, Gujarat, Goa, Delhi, Odisha, Manipur, Chandigarh, Puducherry, and Ladakh. The details are available at https://foscos.fssai.gov.in/

Distinctive Feature of Registration, State License, and Central License:

There are too many states of confusion regarding how to go for registration, state license, and central license. Though the registration and licensing system migrated toward Food Safety Compliance System the features of the registration and license remain the same.

Now, we move forward towards the distinctive points regarding all the three parameters with their specifications. There are three main pillars for the food business category.

1. Registration

2. State License

3. Central License

1. Registration: Generally we are in the myth that too many charges are incurred to start a food business. But, in reality, one can start the business by Registration only. One can opt for registration purposes with annual turnover up to Rs. 12 Lakh along with Rs. 100 fees per year.

To choose for the registration only three documents are needed for oneself; A photo, ID proof, and declaration. A registration certificate has to be issued by the registration authority within 7 days of application date. If the authority wants to conduct an inspection of the premise then inspection could be conducted within 30 days of application date, if premises found in order as per Schedule 4 of FSS (Licensing and Registration of food businesses) Regulations, 2011.

2. State License:  When FBO conducting business in a single state with a turnover upto Rs. 20 crore need to obtain State license with a fees of Rs. 2000 to Rs. 5000 per year.

So, if the turnover is over Rs. 12 Lakh then definitely go for the state license otherwise, you may make an offense.

3. Central License: When FBO conducting business in two or more states or having premises located at seaport or airport or having turnover more than Rs. 20 crore then need to obtain a central license with a fees of Rs. 7500 per year.

It is indeed important that Chemists Shops, Retailers or any other retailing units are required to obtain FSSAI License if they are involved in the selling of food products through their outlets.

The duration of validity for license or registration is of 5 years. There is no provision of renewing of the license or registration after its expiry.

A License or registration renewal application can be made as early as 120 days in advance.

Petty food business operators:

Petty Food business operator means any small food the business operator needs a registration under FSSAI.

He himself may manufacture or sells any article of food or a petty retailer, hawkers, itinerant vendor or a temporary stallholder or small scale or cottage or such other industries relating to food businesses with an annual turnover up to Rs. 12 lakh.

Food Business Operator having turnover more than Rs. 12 lakh rupees need to be applied for the license. If you do not possess the license then it may be treated as ‘Conducting Business without License’ and it is an offense under section 63 of FSS Act, 2006 and for which provision of the penalty of upto Rs. 5 Lakhs and imprisonment upto 06 months.

So the business category which started at the nascent stage but right not their annual turnover is over Rs. 12 lakh need to apply for FSSAI license as per the specified criteria.

Here, you may track the status of your application on the website of FSSAI.  You may get more information from 'Food Safety Connect' App. The information can also be accessed through FBO Search facility available on www.foodlicensing.fssai.gov.in 

Identification of Registration number or License Category:

Now, we discuss one small method by which one could identify the food business category. It means we are able to sort out the food products which have certified under Registration or state license or central license.

FSSAI license number and registration number both are 14 digit numbers. The license number starts with ‘1’, while the registration number starts with ‘2. The first three-digit pattern of FSSAI Central license out of 14 digits are in the pattern of 100. So, the License number is ‘100XXXXXXXXXX’

Hence, by looking at just the FSSAI number we could identify its status or category thoroughly.

Consultant or Facilitators:

One question could be in our mind that who could act as Helping Hand for the food business operators. So, here FSM (Food Safety Mitra) plays an important role. They act as Authorized facilitators or consultants of FSSAI for filling applications of FSSAI license or registration.

FSSAI launched FSM who provides a helping hand for FBO’s for filling the application form, license, and registration, training and auditing, hygiene rating at different institutions and you could find the nearby FSM in your location by entering pin code of the area on the website home page. For more details, you may visit the link

 

Reference Video:

To understand the whole concept in easier manner the YouTube Video is attached herewith.

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

Conclusion:

1. There are three main categories in the food business namely Registration, State License, and Central License.

2. For a small food business operator whose annual turnover is upto Rs. 12 lakh he opts for Registration.

3. When business is located in a single state with annual turnover upto Rs. 20 Crore then one may opt for State License with annual fees of Rs. 2000 to Rs. 5000.

4. When FBO conducting business in two or more states or having a location at the premise of airport or seaport with annual turnover more than Rs. 20 Crore then one may go for Central License.

5. The main platform for registration and licensing for FBO has migrated from FLRS (Food Licensing and Registration System) to FoSCoS (Food Safety Compliance System).

 

Food Safety Compliance System (FoSCoS)

 

Food Safety Compliance System (FoSCoS)

Food Safety Compliance system is one of the major initiatives started by FSSAI. The major focus while deciding on the system is to integrate the new platform to different food business operators and provide them all service under one roof.

We are taking consideration of the initiatives with following keynotes.

Introduction:

From the year 2012, the FSSAI’s online licensing platform FLRS (Food Licensing and Registration System) is the essence of the licensing ecosystem with Pan India (All-State and U.T.s) coverage, 70 lakh licenses/ registrations issued till date, over 35 lakhs licensees/ registrants actively transacting on it.

Hence, In June 2020 FSSAI is launching its cloud-based, upgraded new food safety compliance online platform called Food Safety Compliance System (FoSCoS– https://foscos.fssai.gov.in ). Food Safety Compliance System (FoSCoS) is an enhanced version of Food Licensing and Registration System (FLRS) which was launched in 2012 for issuance of pan-India FSSAI Licenses and Registration.

Problems with FLRS (Food Licensing and Registration System):

FLRS evolved incrementally and organically with changing regulatory needs. The major problems it faces are:

1. FLRS is an outdated system

2. Less technical support

3. Do not cope with new changes

4. Creates obstruction for further improvement, expansion, and innovation in the licensing system.

Thus the migration from FLRS to FoSCoS was essential to follow.

Aim:

FoSCoS is conceptualized to provide one point stop for all engagement of an FBO (Food Business Operator) with the department for any regulatory compliance transaction.

Integration and IT Tools:

FoSCoS is conceptualized as the umbrella system which is integrated with FSSAI’s other existing IT platforms such as Food Safety Compliance through Regular Inspection and Sampling (FoSCoRIS), Food Safety Connect-Complaints Management System, Online Annual Return platform, Food Import Clearing System (FICS), Indian Food Laboratory Network (InFoLNet), Audit Management System (AMS), adjudications and penalties, Food Safety Training and Certification (FoSTaC), Food Safety Mitra (FSM) etc.

FoSCoS has been integrated with FoSCoRIS (Food Safety Compliance through Regular Inspections and Sampling). It is actually an App, and the App will capture onsite inspection carried out by FSOs as per the inspection checklist. This would ensure that periodic inspections of food businesses are done on a regular basis by regulatory staff in an objective and transparent manner.

FoSCoS Implementation:

The FoSCoS shall be launched in phases. For the initial launch of FoSCoS on 1st June 2020, 09 States/UTs have been selected. They are mainly:

1. Tamil Nadu

2. Gujarat

3. Goa

4. Delhi

5. Odisha

6. Manipur

7. Chandigarh

8. Puducherry and

9. Ladakh

Once the FoSCoS is launched in a State/UT, all licenses or registrations related to the State will be available on FoSCoS (https://foscos.fssai.gov.in/) and the FLRS data shall be disabled for taking further any action.

These integrations will be done one by one in the future until FoSCoS evolves from a licensing platform to a unified compliance platform. FosCos has a robust architecture capable of future extensions and enhancements. Here Digital Mitra helps you for certification under FoSCoS.

A single regulatory platform will enable pan India integrated response system to any food fraud and ensure an advanced risk-based, data driven regulatory approach. For the start, FoSCoS will be offering licensing, registration, inspection, and annual return modules.

Technology Prospect:

Technologies such as GPS location tagging, picture capture and RFID (Radio Frequency Identification) will be utilized in the future to ensure transparent and accountable extension field services such as inspections and sampling. Sample management, improvement notices, adjudications, audit management system etc activities/ modules will be enabled in a phased manner in future.

In future, it will be integrated with other platforms of Government of India such as GST, PAN, etc. to ensure a 360-degree profiling and validation of businesses.

Basic Feature of Food Safety Compliance System (FoSCoS):

FoSCoS essentially has flows similar to FLRS, so that users have convenience in migrating to FoSCoS. The paradigm change is the shift of the methodology of licensing for manufacturers which now shall be based on standardized product list.

This will help in a quicker grant of licenses and eliminate any errors. The new approach is only for manufacturers of standardized food products. For manufacturers, in case of non-specified food, supplements/nutraceutical, proprietary food, and substances added to food - the approach continues to be as in FLRS.

However, for initial days, users can access their issued licenses/registrations or applications under processing on FLRS for viewing purposes only. Users will not be required to immediately do anything upon migration to FoSCoS apart from verifying the correctness of details in issued licenses/registrations and applications under processing. However, all manufacturers holding valid FSSAI license shall be needed to modify their license to choose from the available list of standardized products before 31st December 2020.

Steps for FBO:

Steps to be taken upon migration from FLRS to FoSCoS, different frequent question and other user-oriented material have been made available on the homepage of FLRS and FoSCoS both.

States/UTs have been given directions for capacity building among the officers and Food Business Operators, to ensure a smooth transition from FLRS to FoSCoS. Since its recent inception, FSSAI has conducted several trainings/workshops on the key features of the system. Further, a training version of FoSCoS has been made available so that users of the system get acquainted with the new version. The Guidance Document, PPT, Video Tutorials, and User Manuals have been made available under the User Manual Section on the homepage of the FoSCoS.

Reference Video:

To understand the whole concept in an easier manner the YouTube Video is attached herewith.

Link: https://youtu.be/rUY6BXML2_0

Summary:

1. Migration from FLRS (Food Licensing and Registration System) to FoSCoS.

2. In June 2020, 1^st phase of the Food Safety Compliance system launched by FSSAI.

3. There are 09 states/ UT are covered in the first phase.

4. FoSCoS is conceptualized to provide one point stop for all engagement of an FBO (Food Business Operator) with the department for any regulatory compliance transaction.

5. FoSCoS is integrated with different IT platforms to evolve from a licensing platform to a unified compliance platform.

6. All detailed information and guidance documents along with the training module are available on the home page of the website.

 

Abbreviations:

1. FoSCoS: Food Safety Compliance System

2. FBO: Food Business Operator

3. FSSAI: Food Safety and Standard Authority of India

4. FSSA: Food Safety and Standard Act, 2006

5. FLRS: Food Licensing and Registration System

6. UT: Union Territory

7. RFID: Radio Frequency Identification

8. FoSCoRIS: Food Safety Compliance through Regular Inspection and Sampling

9. FICS: Food Import Clearing System

10. InFoLNet: Indian Food Laboratory Network

11. AMS: Audit Management System

12. FoSTaC: Food Safety Training and Certification

13. FSM: Food Safety Mitra