The Food Safety and Standards Authority of India (FSSAI) with approval of competent authorities has issued a clarification on its direction vide F.No. RCD-12005/1/2021-Regulatory-FSSAI Part1)(E-1539) dated 30.11.2021. It has shed light on use of blend of oils as intermediary ingredients and considering the fact that customized emulsions/hydrogenated vegetable oils/blends of oils are required for specific technological uses in other products and are usually transacted between Business to Business (B2B),
FSSAI has further clarified that blends of oils/emulsions/hydrogenated vegetable oils intended to be used as an intermediate product in the manufacture of products by food businesses may be allowed subject to compliance with the following conditions;
- Such licenses shall be granted for the purpose of B2B sale only. Retail sale of such products is strictly prohibited. The manufacturer of such products shall ensure that these products do not enter into markets for sale to consumers either by themselves or by the end user FBO to whom they are supplying. The responsibility for misuse/diversion of these products for sale to consumers shall lie with the manufacturer.
- Such licensed products shall only be sold for B2B purpose in unit packs of not less than 500 ml or 500g and have proper labeling declarations for non-retail containers specified under FSS (Labeling and Display) Regulations, 2020. In addition, each such individual pack shall clearly specify ‘Not for sale to consumer’/ ‘Intermediate product for use in formulating another product’ on the label.
- Both the manufacturer and the user of such intermediate products shall maintain all records in respect of their inventory and supplier/manufacturer details and produce the inventory records as and when sought by the Food Authority or any other officer authorized by it.
- An undertaking for compliance of the above conditions shall be submitted by the manufacturer to the respective Licensing Authority, before the issuance of the license.
- It is also clarified that such products, since intended for intermediary use, shall be licensed under Category 99 (99.7-Functional Ingredients).