The FSSAI has issued a notification dated 27 August 2020 with a draft of certain rules further to amend the Food Safety and Standards Rules, 2011. The FSSAI has also invited objections and suggestions which may be sent to the Shri Neeraj Sachdeva, Under Secretary, Food Regulation Division, Ministry of Health and Family Welfare, Room No.757, A Wing, Nirman Bhawan, New Delhi, or may be sent through e-mail at [email protected] and [email protected]
Draft Rules
These rules may be called the Food Safety and Standards (Amendment) Rules, 2020. They shall come into the force on the date of their publication in the Official Gazette.
In the Food Safety and Standards Rules, 2011 in chapter 2 under rule 2.1 Qualification and Duties related to Designated Officer (2.1.2) the proposed definition is as given below (i) The Designated Officer shall be a whole time Officer, not below the rank of Sub-Divisional Officer or equivalent and shall possess a minimum of bachelors’ degree in Science with chemistry as one of the subjects or shall possesses at least one of the educational qualifications prescribed for the Food Safety Officers under these rules or who has put in not less than 5 years of experience as FSO or has not less than 7 years of experience as Food Safety Officer and Food Inspector combined together of which minimum 4 years as Food Safety Officer after commencement of the FSS Act. Provided that the Commissioner of Food Safety may with the previous approval of the State Government, appoint Sub-Divisional Officer of the area on additional charge basis as Designated Officer for the period as may be specifically allowed to the state temporarily by the Food Authority”.
- the sub-clause (ia) shall be omitted
- in sub-clause (ii), the proviso shall be omitted
- the proposed sub-clause (iii) (a) will read as follows:
persons having been appointed as food Inspector having qualification prescribed under the PFA Rules, 1955 or as Local Health Authority or appointed as Food Safety Officer having qualification prescribed under these Rules shall be eligible for appointment as Designated Officer, subject to fulfilling such other conditions as may be prescribed for the post of Designated Officer by the State Government.
- In clause 2 relating to powers and duties, the sub-clause (iia) shall be omitted;
Under category 2.1.3 relating to ‘Food Safety Officer’
in clause 1 relating to Qualification
- In sub-clause (i), the degree required is Bachelor’s or Master’s or Doctorate degree” shall
- for the words “degree in medicine” will be replaced with the words “Bachelor’s or Master’s or Doctorate degree in medicine”
- the proposed sub-clause (ii) will read as
any other equivalent/recognized qualification as may be approved by the Food Authority from time to time
In clause 4 Powers and Duties in sub-clause (iii), after item (d), the following sub-clause is proposed to be included
(da) Examine the label of any article of food to be sent for analysis in accordance with the requirements of labelling, advertisement and claims as specified in the relevant Food safety and Standards regulations and send the report of non-compliance, if found, to the Designated officer for scrutiny so as to take further proceedings as per the provision of the Act, or rules made thereunder.
Under category 2.1.4 relating to ‘Food Analyst’
in clause 1 Qualification, for sub-clause (i) the following amendments are proposed
- Agricultural Chemistry has been added to the qualifications already mentioned in
- for the words and symbols “Bachelor of Technology in Dairy/ Oil”, the words and symbols “Bachelor of Technology in Food/Dairy/ Oil” shall be substituted.
- for the words “and notified by the Central government”, will be replaced by the words “by the food Authority”
Under rule 2.4: Sampling and Analysis
In the sub-rule 2.4.1 relating to Procedure for taking sample and manner of sending it for analysis
- the following clause shall be added after clause number 7
“7a. mask all the information relating to the Food Business Operator in the label of the sample including brand/ trade name and bar code through non-detachable tamper proof stickers and provide appropriate code number.”
- clause 8 will read as
All bottles or jars or other containers containing the samples and pre-packaged samples for analysis shall be properly labelled and the parcel shall be properly addressed
- in clause 9, after sub-clause (i)
the following proviso shall be inserted, namely, –
“provided that, in case of Sample drawn for microbiological analysis, surveillance, import clearance, analysis of perishable product having less than seven days shelf-life, complaint investigation and food safety emergency response, the requirement of four samples shall not apply and number of samples for such condition shall be as specified in the table below:
S. N |
Condition of Sampling |
Number of Samples |
1. |
Microbiological analysis |
As specified in Appendix B of Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 |
2. |
Surveillance |
Two samples |
3. |
Import clearance |
Two samples |
4. |
Analysis of perishable product having less than seven days shelf-life |
Two samples |
5. |
Complaint investigation and food safety emergency response |
Two samples |
6. |
Other special cases, if any |
As may be directed by the Commissioner of Food Safety” |
In sub-rule 2.4.2. Analysis of food samples by Food Analyst
the clause 7 is proposed to be changed to the following
“7. The manuals of the method of analysis, as amended/ adopted by the Authority from time to time, shall be used for analysing the samples of food articles. However, in case the method for analysing any parameter is not available in these manuals, the Food Authority may adopt a validated method of analysis prescribed byinternationally recognized/ analytical/ regulatory agencies.”
In sub-rule 2.4.6 relating to Appeal to the Designated Officer,
the following clause is proposed to be added
” 3. The duly signed certificate of analysis shall be sent within fourteen working days of receipt of sample by the Referral Laboratory:
Provided that in case the sample cannot be analysed within fourteen working days of its receipt, the Referral Laboratory shall inform the Designated Officer and the Commissioner of Food Safety giving reasons and specifying the time to be taken for analysis.”
The form VII A relating to report of the food analyst, shall be replaced by the following;
Form VII A:
Report of the Food Analyst
[(Refer Rule 2.4.4 (6)]
Report No._______.
Certified that I ___________ (name of the Food Analyst) duly appointed under the provisions of Food Safety and Standards Act, 2006 (34 of 2006), for _____ (name of the local area) received from _______* a sample of ____,bearing Code number and Serial Number _____ of Designated Officer of _____ area* on_________(date of receipt of sample) for analysis.
The condition of seals on the container and the outer covering on receipt was as follows: ____________________________________________
I found the sample to be ……. (category of the sample) falling under Regulation No.____ of ___________________________. The sample **was in a condition fit for analysis and has been analysed on _____ (give date of starting and completion of analysis) and the result of its analysis is given below/** was not in a condition fit for analysis for the reason given below:
Reasons:
……………………………………………………………………….
…………………………………….
Analysis report
(i) Sample Description
……………………………….
(ii) Physical Appearance
……………………………….
S. N |
Quality characteristics |
Nature of method of test used |
Result |
Prescribed standards as per a. As per provisions of the Act, and the rules and regulations made thereunder b. As per label declaration for proprietary food |
1. |
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2. |
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3. |
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4. |
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Opinion***
Signed this _____ day of ______ 20
Address: (Sd/-) Food Analyst.
* Give the details of the senders
** Strike out whichever is not applicable
***When opinion and interpretation are included, document the basis upon which the opinions/interpretations have been made.
Source : FSSAI
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