Through an advisory issued on 7 October 2019 the FSSAI has brought to the notice that packaged and natural mineral water is being sold in the open market without BIS Certification mark. Not only this, but a number of manufacturers of packaged drinking or mineral water are operating with an FSSAI License but without BIS certification mark, while there are other manufacturers who have obtained BIS License only and are operating without an FSSAI License.
As per Section 31 of the FSS Act, 2006, all Food Business Operators have to obtain Licence/ Registration before the commencement of any food business. Further regulation 2.3.14 (17 and 18) of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011, states that “no person shall manufacturer, sell or exhibit for sale, packaged drinking water and mineral water except under the Bureau of Standards Certification Mark”. In this regard the FSSAI has clarified
- The FSSAI license must be obtained before the commencement of or carrying out any food business.
- While BIS Certification Mark is not a precondition for FSSAI License, however to manufacture, sell or exhibit for sale packaged drinking water or mineral water. BIS certification must be obtained.
- The nomenclature of the product must be Packaged Drinking Water or Natural Mineral Water as prescribed under the Food Safety and Standards (Packaging and Labelling) Regulations, 2011
- Fancy name or abbreviation of such products shall not be used as prescribed under the Food Safety and Standards (Advertising and Claims) Regulations 2018.
FSSAI has advised all State Food Safety Commissioners to issue instructions to DOs/FSOs to carry out regular enforcement/surveillance activities in their area of jurisdiction to check regular compliance by manufacturers of Packaged Drinking Water/ Mineral Water and take appropriate action against the defaulter under the provisions of the FSS Act, 2006.