FSSAI Gazette Notification on Amendments in Alcoholic Beverages Regulations

The FSSAI has issued a notification dated 18 December 2020 Gazette notifying the Food Safety and Standards (Alcoholic Beverages) First Amendment Regulations, 2020. The amendments have been made in the Food Safety and Standards (Alcoholic Beverages) Regulations, 2018. The amended regulations shall come into force on the date of their publication in the Official Gazette and Food Business Operator shall comply with all the provisions of these regulations by 1st July, 2021.

2. In the Food Safety and Standards (Alcoholic Beverages) Regulations, 2018, –

Amendments in Part-1 – Preliminary

• In regulation 1.2.3 a proviso has been added so the regulation which is as follows

“alcoholic beverage” means a beverage or a liquor or a brew containing more than 0.5 per cent. abv. The ethanol used in the production of alcoholic beverage shall be of agricultural origin.

provided that this limit shall be zero in case of Alcohol-free beer.

Amendments in regulation 1.3 – General Requirements

• sub-regulation 1.3.2 has been amended to the following namely, –

“1.3.2 The tolerance limit for ethyl alcohol content for up to 20% abv shall be ± 0.3 per cent (-0.5 per cent for up to 90 ml per bottle) and for more than 20% abv it shall be ±1.0 per cent (-1.5 per cent for up to 90 ml per bottle) of the declared strength. In case of wine the tolerance limit shall be ±0.5.”;

• Sub-regulation 1.3.9

 “Alcoholic beverage containing not more than 8.0 per cent. abv may be called as low alcoholic beverage, and shall conform to the requirements of table 1 except for residue on evaporation.

Is amended to the following

 “Alcoholic beverage containing more than 0.5 per cent abv but not more than 8.0 per cent. abv may be called as low alcoholic beverage. Low Alcoholic beverages, other than wine and beer shall conform to the requirements of Table-4.”;

Amendments in Part-2 – Distilled Alcoholic Beverages

Under regulation 2.1 Brandy

• in 2.1.1 related to Grape brandy para 1 has been changed to the following

Grape brandy shall be an alcoholic distillate obtained solely from the fermented juice of grapes. Distillation shall be carried out to a suitable strength in such a way that the distillate has an aroma and taste characteristics derived from the grapes used and the constituents formed during fermentation and aging

namely, –

• in 2.1.1 para 2 has been amended to the following

In case of brandy made from any fruit other than grapes, the name of the fruit shall be pre-fixed with the word ‘Brandy’ (example Apple Brandy, Plum Brandy).

New sub-regulation 2.1.3 has been added under 2.1 Brandy which is as follows

“2.1.3 Indian Brandy: Indian brandy shall be made either from neutral spirit or rectified spirit or a mixture of both. On the label, the name ‘Indian Brandy’ shall be followed by a statement within brackets as ‘made from molasses spirit/grain spirit/neutral spirit’ with a font size that is easily readable. The font size of the words ‘Indian’ and ‘Brandy’ shall be same.”;

Amendment in regulation 2.8 Whisky or Whiskey

• in sub-regulation 2.8.1, Malt or grain whisky clause (i) has been amended to the following

 “(i) Single malt or Single grain whisky: Single malt or Single grain whisky is a distillate obtained from fermented mash that uses one particular malted barley or malted grain, respectively, distilled in pot still only, and produced in a single distillery.”;

Amendments in Part-3 – Wine and other Fermented Beverages

Under regulation 3.1 Wine

• in sub-regulation 3.1.1, Table wine or grape wine:

“Table or grape wine may be of the following types”

           amended to the following

“Table wine may be of following types.”;

• in clause 3.1.1.2, Dry Wine

(i) Dry wine: Dry wine is a wine that contains 0.4 upto 0.9 per cent. sugar.

          Amended to the following

 “(i) Dry wine: Dry wine is a wine that contains upto 0.9 per cent. sugar.”;

• in sub-regulation 3.1.2 Based on carbon dioxide content, wine may be of the following types: the clause 1.2.2 Sparkling has been amended to the following

“3.1.2.2 Sparkling: Sparkling wine has a carbon dioxide content of minimum 7.0 g/l or 3.5 bar pressure at 20^oC resulting solely from either the primary or the secondary fermentation of the wine within a closed container, tank or bottle. Based on the sugar content the sparkling wines maybe of the

following types:

1. Brut: It has sugar content below 1.2 per cent.
2. Extra-Dry: It contains more than 1.2 up to 1.7 per cent. sugar with a tolerance of 0.3 per cent.
3. Dry: It contains more than 1.7 up to 3.2 per cent. sugar with a tolerance of 0.3 per cent.
4. Semi-Dry: It is a wine which contains more than 3.2 up to 5.0 per cent. sugar.
5. Sweet: It contains more than 5.0 per cent. sugar.”;

• sub-regulation 3.1.3 Fortified wine has been amended to the following

3.1.3 Fortified wine: Fortified wine is a wine with high alcohol content achieved by the addition of alcohol (brandy or wine spirits or neutral spirit of agricultural origin) provided a minimum 7 .0 percent comes from fermentation of grapes, grape must and fruits and used as aperitif or dessert wine. Fortified wine may be red or white, dry or sweet.

Fortified wines are of following types:

3.1.3.1 Sherry: is commonly a white wine fermented to dryness followed by the addition of alcohol (brandy or wine spirits) to stabilize during maturation in contact with air.

3.1.3.2 Aromatized wine is a beverage obtained from at least 75% by volume of wine, which has undergone an aromatisation process; to which ethyl alcohol of viticultural origin and/or a wine distillate and/or alcohol of agricultural origin could have been added; which could have undergone a sweetening and/or colouring and/or undergone one or more of other specific oenological practices applicable to this beverage; with an actual alcoholic strength by volume varying between 14.5% minimum and 22%.

• sub-regulation 3.1.4, Wine from fruits other than grapes

Fruit wine is a wine produced from fruit other than grapes. It is produced by the normal alcoholic fermentation of the juice of sound, ripe fruit including restored or unrestored pure condensed fruit must. It may be of following types:

amended to the following

Fruit wine is a wine produced from fruit other than grapes. (should be prefixed with the name of the fruit. Example wine such as plum wine, apricot wine, pear wine)” It is produced by the normal alcoholic fermentation of the juice of sound, ripe fruit including restored or unrestored pure condensed fruit must. It may be of following types:

• item 3.1.4.3 Other fruit wines: Such wine shall have the name of the fruit prefixed to wine. (has been omitted)
• sub-regulation 3.1.5, Wine from other agricultural and plant sources: for clause 3.1.5.1 Palm wine: Palm wine is a wine prepared from sap of palm trees and coconut palms

amended to the following

3.1.5.1 Palm wine/Toddy: Palm wine/Toddy is a wine prepared from sap of palm trees and coconut palms.

• New category of wines has been included in the regulation in Part 3 which is as follows

 “3.1.6 Wine Based Beverages: Wine-based beverage is a beverage obtained from at least 50 by volume of wine, which could have undergone the treatments such as sweetening, colouring, addition of aromatising substances or preparations, addition of food-related products, including water, for which the actual alcoholic strength by volume is equal to or above 3.5 vol. and below 14.5 vol., and for which the alcoholic component derives exclusively from the wine or special wine used, except for doses used only to dilute aromatic substances, or colorants, or any other approved substance.”;

Amendments in regulation 3.2, In addition to general requirement specified in Part 1 and the requirements specified in Table-2, wine shall also confirm to the following requirements:

Amendments in clause (iii) related to water are as follows

(iii) Water added in preparation of wine shall not be more than 70 ml per kg of grape or fruit:

1. necessary to incorporate any permitted additive and processing aid
2. necessary to facilitate fermentation; or
3. incidental to the winemaking process.

Provided that water may be added to wine to facilitate fermentation if the water is added to dilute the high sugar grape must prior to fermentation and does not dilute the must below 13.5 degrees brix.

Amendments in Part-4 – Beer

• in regulation 4.1 related to “Beer” new after the clause (iii) has been added which is as follows

 “(iii) Alcohol free beer– Abv 0.0 (for other parameters, alcohol free beer shall comply with the limits specified for regular beer).”;

• New regulation 4.2 (1) -Craft beer has been added after the regulation 4.2 which is as follows

 “4.2 (1) Craft beer is made in a micro-brewery/ pub-brewery, and may be aromatized with suitable food ingredients. It may or may not be filtered and pasteurized, and may be sold in casks, kegs, bottles, or cans”;

Amendments in Part-5 Specific Labelling Requirements for Alcoholic Beverages

• in regulation 5.1, Declaration of alcohol content: the following sub-regulation has been added

 “5.1.1 The Pot distilled alcohol shall be labelled as Pot- Still/Pot -Still Distilled/Pot- Distilled‟ on the package.

• for the regulation 5.3, the following regulation – Geographical indicators or names may be used on the label solely for the products originating from that geographical region.

                 Amended to the following

5.3 Geographical indicators (GI) or names may be used on the label solely for the products originating from that geographical region. Such products shall be registered under the Geographical Indications of Goods (Registration and Protection) Act, 1999 and meet the country specific regulations for such GI products of the country of origin.

Further, such products shall conform to the limits of heavy metals and microbiological requirements as specified under these regulations and other regulations notified under the Act. Labelling requirements as given under these regulations and other regulations notified under the Act shall also apply.”;

• for regulation 9 Labelling of Wine the following sub-regulation has been amended

5.9.1 in addition to requirements mentioned in sub-regulations 5.1 to 5.6, the label on wine shall also:

1. Indicate the origin (country or state) of wine and declare the range of sugar.
2. Declare the generic name of variety of grape or fruit used in descending order of quantity or raw material used, geographic origin, and vintage year, provided such claims are made.
3. Declare the name of residues of preservatives or additives present as such, or in their modified forms, in the final product.
4. Declare the name of the place, or region, sub-region or appellation, if 75 per cent the grapes come from that place.
5. Carry the name of a grape variety, the wine is made from at least 75 per cent from that grape variety.
6. Carry a date of vintage, if at least 85 per cent of the wine comes from that vintage.”;

• In regulation 5.12 related to statutory warning, the words and figures “Size of statutory warning shall not be less than 3 mm.”

              Has been amended to the following

“Size of statutory warning shall not be less than 1.5 mm for pack size of upto 200ml and for pack size above 200 ml, size of the warning shall not be less than 3 mm.

Amendment in TABLE-1

• in serial no. 5, in column (2), for the words and figures

Methyl alcohol (expressed as g/100 l of distilled absolute alcohol),

           Amended to

Methyl alcohol (“expressed as g/100 l of absolute alcohol”)

• in the note for the words, figure and parenthesis “For flavoured Rum, flavoured Vodka and for low alcoholic beverages the maximum limit shall be 25 per cent (m/v).

              amended to

 “For flavoured/premix rum, vodka, whisky, gin and for low alcoholic beverages the maximum limit of residue on evaporation shall be 25 per cent (m/v).

Amendment in TABLE-2

• in the column (3) and (4) the heading “Table or Grape Wine” has been amended to

 “Table Wine”

• after the existing entry at the bottom of the TABLE -2 “-” means Not Applicable, the following entry shall be added

 “Wine based beverages shall comply with the standards of table wine in accordance with their ethyl alcohol content.

 TABLE-3 has been amended to the following

“*”means limit not prescribed.

“**” does not apply to secondary fermented beer, which shall be declared on the label as secondary fermented beer.”

New TABLE 4 has been added

Source : FSSAI