Through two notifications the FSSAI has notified the
- Draft Food Safety and Standards (Prohibition and Restrictions on Sales) Amendment Regulation, 2019 and Draft
- Food Safety and Standards (Packaging and Labelling) Amendment Regulation, 2019.
Both these draft amendments are related to the requirement of mandatory certification of AGMARK and Bureau of Indian Standards (BIS) in respect of certain food products. The FSSAI has also invited comments, suggestions, and objections from stakeholders on these proposals which are to reach the FSSAI office by 19 and 20 April 2019 respectively.
The regulatory provisions regarding mandatory certification of BIS and AGMARK on certain products have been adopted from the erstwhile Prevention of Food Adulteration (PFA) Act, 1954 and were included as it is in the Food Safety and Standards Regulations, 2011. In this context, during the Performance Audit of the FSSAI by Comptroller Auditor General, it was observed that food businesses have to deal with more than one authority/entity, which is not in keeping with the spirit of the Food Safety and Standards Act, 2006. Subsequent to this the FSSAI had invited comments from all stakeholders as a step towards reviewing these provisions and understanding whether such provisions are serving any benefit to the
industry and consumers and were thus required or not.
Taking note of the Performance Audit observations and the views of the stakeholders
(industry associations, boards, consumer organizations, individuals) it is now proposed that inFood Safety and Standards (Prohibition and Restriction on sales) Regulations, 2011 the following foods Carbia callosa, Honey dew, Kangra tea, Til oil (sesame oil) and Light black
Pepperwill not require mandatory AGMARK certification.
Proposed Draft Regulations I
These regulations may be called the Food Safety and Standards(Prohibition and Restriction on sales) Amendment Regulations, 2019.They shall come into force on the date of their publication in the official Gazette.
In the Food Safety and Standards (Prohibition and Restriction on sales) Regulations, 2011, in regulation2.3 Prohibition and Restriction on sale of certain products (2.3)
The following sub-regulations will be OMITTED
- 2.3.2: Restriction on sale of Carbia Callosa and Honey dew. Carbia Callosa and Honey dew shall be sold only insealed containers bearing Agmark seal.
- 2.3.9: Restriction on sale of Til Oil produced in Tripura, Assam and West Bengal.Til Oil (Sesame Oil) obtained from white sesame seeds, grown in Tripura, Assam and West Bengal havingdifferent standards than those specified for til oil shall be sold in sealed containers bearing Agmark label. Where thistil oil is sold or offered for sale without bearingan Agmark label, the standard given for til oil shall apply.
- 2.3.10 Restriction on sale of Kangra tea.Kangra tea shall be sold or offered for sale only after it is graded and marked in accordance with the provisionsof the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937) and the regulations made there under.addition
In the sub-regulation 2.3.14: Restrictions relating to conditions for salethe following clause has been added
‘Provided further that the Food Authority may dispense with the requirement of certificationspecified under clause (4), (5), (17) and (18) for imported food products.’
Clause 4, 5, 17 and 18 are as under
(4) No person shall manufacture, sell, store or exhibit for sale, an infant milk food, infant formula and milk cerealbased weaning food, processed cereal based weaning food and follow up formula except under Bureau of IndianStandards Certification Mark.
(5) Condensed milk sweetened, condensed skimmed milk sweetened, milk powder, skimmed milk powder,partly skimmed milk powder and partly skimmed sweetened condensed milk shall not be sold except under IndianStandards Institution Certification Mark
(17) No person shall manufacture, sell or exhibit for sale packaged drinking water except under the Bureau ofIndian Standards Certification Mark.
(18) No person shall manufacture, sell or exhibit for sale mineral water except under the Bureau of IndianStandards Certification Mark”;
Furthermore, according to the FSSAI Press Release the FSSAI has proposed that it may dispensewith the requirement of BIS certification for imported food products based on any bilateralor multilateral agreements and/or if the imported products are covered under any
equivalent certification scheme in the country of origin/export taking into consideration the
principle of ‘Equivalence’ as envisaged in Agreement on Application of Sanitary and
Phytosanitary Measures of the WTO.
Proposed Draft Regulations II
These regulations may be called the Food Safety andStandards (Packaging andLabelling)Amendment Regulations, 2019.They shall come into force on the date of their publication in the Official Gazette.
In the Food Safety and Standards (Packaging and Labelling) Regulations, 2011, in regulation 2.4: Specific Requirements/ Restrictions on manner of labellingfor clause 9, the following shall be substituted.
9. Light Black Pepper:Every package containing light black pepper shall bear the following labeland the requirements prescribed under regulation 2.2.1 and 2.2.2 of these regulations
Light Black Pepper (Light berries)
(the only change is that the word AGMARK has been removed from the clause)