The FSSAI has issued a Public Notice inviting Comments/Suggestion on the proposal of the Ministry of Health and Family Welfare regarding Food Safety and Standards (Amendment) Bill 2020 which will bring about amendment to Food Safety and Standards Act, 2006.
Accordingly, a draft Food Safety and Standards (Amendment) Bill has been prepared and provided below. General public and other stakeholders may submit their comments/suggestions via email to [email protected] within 30 days from the date (18 October 2020) of uploading of the Public Notice.
Food Safety and Standards (Amendment) Bill. 2020
A Bill to amend the Food Safety and Standards Act, 2006
BE it enacted by Parliament in the Seventieth Year of the of Republic of India as follows:-
1. (l) This Act may be called the Food Safety and Standards (Amendment) Act, 2020
Short title and commencement
(2) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint.
In the Preamble after the words “consolidate the laws relating to food the words. “and feed” shall be added.
In the Preamble after the words “human consumption’. the words “and animal feed’ shall be added
ln the Preamble the word ‘export’ to be added after the word ‘sale’ and before’ import’.
Amendment of the Preamble
Section 2 to be amended to read as follows:
Declaration as to expediency of control by the Union.
Il is hereby declared that it is expedient in the public interest that the Union should take under its control the food and the animal feed industry.
Amendment of Section 2
After the clause (i) in subsection I of section 3 relating to “extraneous matter”, the following clause shall be added;
“Feed” means any substance which is ground pelleted or crumbled, contains source of energy and tissue building constituents like carbohydrates, protein, fat, minerals etc. which will provide all of the nutritional requirements necessary for the maintenance of life for promoting growth of animals including feed additives, various products of vegetable or animal origin. in their natural state, fresh or preserved compound feed, medicated feed, genetically modified feed and products derived from the industrial processing thereof, and organic or inorganic substances, whether or not containing additives, which are intended for use in the preparation of compound feeding stuffs or as carriers of pre-mixtures. It does not include Veterinary medicinal products and water
In section 3 of the Act, in sub- section (1) (d), substitute the word “qualities” after the words “has particular” with the word “characteristics” and after the words “composition or otherwise” with the words or any other quality.
section 3 (l) (d)
Section 3 (l) (e)
In section 3 (l) (e) of the Act, after the words ‘under section 30′, the words “and includes the Chief Executive Officer of the Food Authority” shall be added.
Section 3(l) (e)
Section 3(1) (f) to be modified as
‘Consumer’ means a person purchasing and receiving food but does trot include a person who obtains such food for resale or for any commercial purpose
Section 3(l) (f)
Section 3 (1)(n)
ln section 3 of the Act. in sub section (1)(n), after the words
‘ . ..distribution of food,’ the word ‘export.’ shall be inserted.
Section 3 (1) (n)
Section 3(1) (oa)
New definition of food contact material’
‘Food Contact Material’ means any material in contact with food or intended or reasonably expected to come into contact with food’.
Section 3(1) (oa)
Section 3 (1) (p)
In section 3 of the Act, in sub section (l)(p), after the words’…any food laboratory or institute’ the words ‘established by the Central or State Government or any other agency and ‘ shall be omitted
Section 3 (1) (p)
In section 3 of the Act. in sub section(l) (r). the word ‘manufacturing units’ shall be substituted by the words ‘food business’
Section 3(l) (vv)
In section 3 of the Act, after sub section (1)(v) following section shall be inserted, namely: –
‘3(l) (vv) “Export” means sending from India any article of food by land, sea and air.’
Section 3(1) (vv)
Section 3 (1)(y)
ln section 3 of the Act. In sub section (l)(y). after the words ‘…in the final product,’ the words ‘either in the same or’ shall be inserted
Section 3 (l1) (y)
Section 3 (1) (zd)
After the words “such purposes’, the words “including brand owner” shall be added.
Section 3 (1) (zd)
Section 3(1) (zf)
The words “not injurious to health” to be added after the words “an article of food”.
Section 3(1) (zf)
Section 3 (l) (zka)
“Processing aid” means any substance or material not including apparatus or utensils, and not consumed as a food ingredient by itself, used in the processing of raw materials, foods or its ingredients to fulfil a certain technological purpose during treatment or processing and which may result in the non-intentional but unavoidable presence of residues or derivatives in the final product.
Amendment of Section 3 (1).
The definition of ‘processing aid’ shifted to definition clause
from ‘explanation’ in section 19
Section 3 (l) (zx)
After the words “the article of food unsafe”, the words “and thereby injurious to health” to be added.
Section 3 (1) (zx)
Section 5 (1)
In Section 5 (1) and sub clause (a) thereof be modified as:
(i). In clause (1) the word ‘twenty-two’ to be replaced by the word ‘twenty-three’.
(iii) the word and symbol ‘(vi) Legislative Affairs’ shall be substituted by the word “(vi) Women and Child Development’
Amendment of Section 5 (1)
Section 5 (l) (h): New sub section to be inserted
In section 5 of the Act, after sub section (1) (g), following sub section shall be inserted, namely: –
“5 (l) (h). The Chief Executive Officer of the Food Safety and Standards Authority of India shall be the Member Secretary of the Food Authority,”
Amendment of section 5 (1),
Section 5 (4) Shall be substitutes as:
The Chairperson of the Food Authority may be appointed by the Central Government on the recommendations of the Selection Committee.
The part-time Members referred to in Clauses (1), (b), (c), (d),
(e), (f) and (g), and the ex- officio Members, shall be appointed by the Central Government with the approval of the Minister-in Charge of the Administrative Ministry of the Food Authority.
Section 5 (4)
Following proviso to be added in Section 5 (1) (e):
Provided that Central Government may by notification make changes in Zones under First Schedule’
Section 5 (1) (e):
In Section 6 (1),
the words “and the Members other than ex officio Members of the Food Authority,” after the words “of the Chairperson” to be deleted.
Section 6 (1),
Section 6(2) (3) (4) (5) and (6) would be modified as follows:
(2) The Central Government shall, within two months from the date of occurrence of any vacancy by reason of death, resignation, or removal of the Chairperson of the Food Authority and three months before the superannuation or completion of the term of office of the Chairperson of that Authority, make a reference to the Selection Committee for filling up of the vacancy.
Section (3): The Selection Committee shall finalize the selection of the Chairperson of the Food Authority within two months from the date on which the reference is made to it.
Section (4): The Selection Committee shall recommend a panel of two names for the vacancy of Chairperson referred to it.
Section (5): Before recommending any person for appointment as a Chairperson of the Food Authority, the Selection Committee shall satisfy itself that such person does not have any financial or other interest, which is likely to affect prejudicially his functions as a Chairperson,
Section (6) No appointment of the Chairperson Food Authority shall be invalid merely by reason of any vacancy in the Selection Committee.
Section 6 (2) (3) (4) (5) and (6)
After Section 8, insert new Section 8A.
“Functions of the Chairperson
The Chairperson of the Food Authority shall exercise the following functions:
(i) He shall have powers of general superintendence direction in the conduct of the work of the Food Authority.
(ii) To preside over the meetings of the Food Authority’
(iii) To exercise all the powers and responsibilities assigned to him under the Rules and Regulations framed under this
(iv) To ensure that the Food Authority functions as per the mandate entrusted to it under the Act.
Section 8 A.
Section 16 (1) to be modified as
(1) It shall be the duty of the Food Authority to regulate and monitor the manufacture. processing. distribution’ sale, export and import of food so as to ensure safe and wholesome food.
Section 16 (1)
Section 16 (2) : after the word ‘the Food Authority may’ , the word ‘ ‘If necessary’ to be added
Section 17 (5) to be deleted.
Amendment of Section l7 (5) by deletion
In section l8 (2) (d) after the words ‘may be dispensed ‘with’ words ‘add the regulations may be issued without prior approval of the Central Government” to be inserted.
section18 (2) (d)
In sub-section (3) of Section 18 after the words “and supplies used” the words ‘excluding feed” shall be inserted
sub-section (3) of Section 18
Under section 19, the explanation to be deleted
Amendment of section 19
Section 22 (4)
ln section 22 of the Act, in sub section (4). the definition of ‘proprietary food’ following shall be substituted: –
i) “proprietary food” means an article of food for which standards have not been specified but is not unsafe:
Provided that such food shall contains ingredients and additives which are permitted under this Act and regulations made thereunder.
(ii) “novel food” means a food or food ingredient other than [Genetically modified or engineered foods] and is newly developed through innovative technologies and/or production process that has not been used previously and includes those foods or food ingredients which do not have history of human consumption in the country.
Section 22 (4)
In Section 23 (1) a second proviso to be inserted as
Provided further that the Food Authority may prescribe food contact material requirement for an article of food
Amendment of Section 23
Section 28 (1)
In section 28 of the Act, in sub section (1), following shall be inserted: -(I) the word ‘withdraw ‘ shall be substituted by the word ‘recall’
(II) the words ‘its withdrawal’ and inform the competent authorities thereof shall be substituted by the words ‘its recall’
Section 28 (1)
Section 31 (1)
In Section 31 of the Act in section (1) after the word ‘license’ the words ‘as specified in the regulations’ shall be inserted
Section 31 (1)
In section 34 of the Act. the sub section (1). (2), (3), (4) (5) and (6) to be substituted by the words ‘if the designated officer is satisfied that the health risk condition exists arising out of emergent circumstances or due to habitual default by the food business he may, after following the procedures as the Food Authority may specify by regulations, recommend to the Commissioner of Food Safety, for imposing the ban or closure of the food business.”
Section 35 shall be substituted as:
35. Handling of Food Safety incidents
(1) The Food Authority may, by an order, prescribe mechanism for handling of food safety incidents including reporting, investigation, corrective and preventive action related to the incident.
“Food Safety Incident” means any incident that may be caused by food borne diseases, food contamination ‘ or other incidents arising from food and are hazardous to human health.”
Amendment of Section 35
Section 38 (1) (c)
In section 38 of the Act, in sub section
(1) (c) after the words ‘keep it in the safe custody of the food business operator’ the words ‘keep it in the safe custody of the food business operator or placed in the custody of the Authority or officials authorized’ shall be insertcd
Section 38 (1) (c)
Section 38(1) (d)
After sub section (1) (c) of section 38, of the Act, following new sub-section shall be inserted. namely: –
‘(d) Seize any vehicle equipment, packaging labelling or advertising material linked with the food article which may be required as evidence in the proceedings under the Act or rules & regulations made thereunder and may keep in the safe custody of the food business operator or placed in the custody of the Authority”
Section 38(1) (d)
Section 38 (4 A)
Under section 38 after sub section (4) of the Act, following new section shall be inserted, namely: –
’38 (4A). An article of food or adulterant seized, unless destroyed, shall be produced before the designated Officer as soon as possible and in any case not later than seven days after the receipt of the report of the food Analyst:
Provided that if an application is made lo the Designated Officer in this behalf by the person from whom any article of food has been seized, the Designated Officer by order in witing direct the Food Safety Officer to produce such article before him within such time ss may be specified in the order.’
Amendment of Section 38 (4 A)
Section 38 (9) (A)
After Section 38 (9) of the Act. the following new sub section shall be inserted namely:
‘(A) where the Food Safety Officer is satisfied that any article of food seized under sub-section (1) has no relation with the commission of any offence which make the food unsafe, such article shall be released immediately.
Section 38 (9) (A)
Section 40 (1)
The first provision in Section 41 shall be replaced by the words:
Provided that such purchaser shall obtain a receipt from the food business operator at the time of purchase.’
Section 40 (l)
Under section 40, after the sub-section 2, following sub-section (3) shall be inserted:
(3) ln the event food industry association, consumer association, or any individual needs to entrust a food testing for the purpose of data generation or to create information for general public on food safety it shall carryout the same in the laboratories that are recognised by Food Authority. The information so collected shall be shared with Food Authority before releasing the same to general public.
Section 40 (2)
Section 4l of the Act shall be omitted
Section 42 (2)
In section 42 of the Act, in sub section (2) after the word ‘fourteen’, the word ‘working,‘ shall be inserted.
Section 42 (3)
In section 42 of the Act, in sub section (3) after the words ‘within’ fourteen working days the words ‘after compliance of the requirements of section (46 (4)’ shall be inserted
In section 42 after clause (3) the following shall be inserted:
“In case the designated officer comes to the conclusion that there is no contravention of any of any provisions of the Act rules & regulations, he shall direct the food safety officer to release the articles of food within three working days” shall be inserted
Section 42 (3)
Section 42 (3)
The following proviso to be added
“provided that in case of offences under sections 52, 53, 55, 56, 57, 60, 61, 62 and 63, where lab analysis of samples is not required, the Designated Officer/Commissioner of Food Safety may launch adjudication or prosecution on the basis of the report filed by the Food Safety Officer or otherwise”.
Section 42 (3)
Section 43(2) to be modified as:
The Food Authority may, establish or recognize by notification, one or more food laboratory or laboratories accredited by National Accreditation Board for Testing and Calibration Laboratories or any other accreditation agency as referral food Laboratories.
After sub-section (2) of Section 43, insert new sub-section (2B) as under: –
’43 (2B). The Food Authority shall recognise by notification, one or more Reference Food Laboratory or Laboratories to carry out the functions entrusted to the reference food laboratory by this Act or any rules and regulations made thereunder.”
‘Reference Laboratory’ means laboratory notified by Food Safety and Standards Authority of India under Section 43 (2B) for method development, method validation, proficiency testing and training with accreditation specified by the Food Authority.”
Section 43 (2)
Section 46 (3)
In proviso of section 46 of the Act, after the word ‘fourteen’, the word ‘working’ shall be inserted.
Section 46 (3)
Section 46 (4)
In section 46, sub section (4) of the Act, after the word ‘opinion’, the words “within fourteen working days” shall be inserted.
Amendment of Section 46 (4)
Section 47 (1) (c)(iii)
In section 47, sub section (1)(c)(iii) of the Act, after the words ‘Designated Officer’, the words ‘within fourteen working days’ shall be inserted.
Section 47 (1) (c) (iii)
Section 47 (4)
ln section 44 of the Act, sub section (4) shall be omitted
Section 47 (4)
Section 47 (5)
After clause (5) of Section 47, the following explanation to be inserted
“Authorized Officer” means an officer appointed for various ports of entry to perform task as the Food Authority may specify under the regulations in relation to articles of food imported.
Section 47 (5)
In section 49 of the Act, after sub section (e) following proviso shall be inserted, namely: –
‘Provided that in case of packaged food procured, appropriately stored and not tampered with, distributed and sold by a distributor or a retailer the primary pecuniary and criminal liability mould lie with the manufacturer.”
Section 59: Punishment for unsafe food to be modified as:
Any person who, whether by himself or by any other person on his behalf, manufacturers for sale or stores or sells or distributes or imports any article of food for human consumption which is unsafe, shall be punishable-
(i) where such failure or contravention does not result in injury, with fine which may extend to three lakh rupees;
(ii) where such failure or contravention results in a non- grievous Injury, with imprisonment for a tern which may extend to one year and also with fine which may extend to five lakh rupees,
(iii) where such failure contravention results in a grievous injury, with imprisonment for a term which may extend to six years and also with fine which may extend to seven lakh rupees;
After section 59 of the Act, following new sub section shall be inserted, namely: –
‘59A ‘Any person who whether by himself or by any other person on his behalf adds an adulterant to food so as to render it injurious for human consumption with an inherent potential to cause his death or is likely to cause such harm on his body as would amount to causing grievous hurt, irrespective of the fact whether it causes actual injury or not, shall be punishable for a term which shall no tbe less than seven years but which may extend to imprisonment for life and also fine which shall not be less than ten lakh rupees”
The words ‘imprisonment for a term which may extend to three months and also with’ may be deleted.
Further, the words ‘two lakhs rupees’ may be replaced by the words ‘ten lakh rupees’
In section 62 of the Act, the words ‘which may extend to three months and also with fine which may extend to one lakh rupees’ shall be substituted by the words which shall not be less than six months but which may extend to two years end also with fine which may extend to five lakh rupees’
Amendment of Section 62
The words ‘punishable with imprisonment for a term which may extend to six months and also’ may be deleted. Further, the words ‘five lakhs rupees’ may be replaced by the words ‘twenty-five lakh rupees.’
Amendment of Section 63
Sub Section (1) (ii) shall be replaced by the words ‘a further fine on daily basis which may extend up to rupees five lakhs, where the offence is a continuing one; and’.
Sub section 3 of Section 64 (1) to be deleted.
Amendment of Section 64
After section 65 of the Act, following section shall be inserted, namely: –
65A. Recovery of fees and other expenses incidental to prosecution – When any person is convicted of an offence under this Act, the court may order that all fees and other expenses incidental to the analysis of any food or food contact article in respect of which the conviction is obtained and any other reasonable expenses incurred by the prosecution, shall be paid by the person convicted.
Amendment of Section 65A
(e) Amendment proposals:
Section 69. Power to compound offences.
(1) Notwithstanding anything contained in this Act, any offence committed for the first time by a license holder of the Food Authority, punishable under this Act, not being an offence punishable with imprisonment, may, before institution of any proceeding be compounded by the Commissioner of Food Safety or an officer so authorized by him, in the manner as specified by the Food Authority:
Provided that the sum so specified shall not in any case exceed the maximum amount of the fine which may be imposed under relevant Sections for the offence so compounded; and any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded shall be deemed to be an offence committed for the first time.
(2) Every officer referred to in sub section (1), to whom the power of compounding is delegated, shall exercise the powers to compound an offence, subject to the direction, control and supervision of the Commissioner of the Food Safety.
(3) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
Amendment of Section 69
Section 76 (1)
Second proviso to be inserted
Provided further that appeal in cases where there is no Special Court shall lie in the Courts of appropriate jurisdiction.
Amendment of Section 76 (1)
Section 82 to be modified as
1) The Food Authority will set up the Food Safety and Standards Authority of India Fund to further the objectives of this Act
(2) There shall be credited to the Food Safety and Standards Authority of India Fund the following accounts, namely: –
a. Grants made to the Food Safety and Standards Authority of India Fund by the Central Government.
b. The sums realized by way of fees, charges and penalties by the Authority.
c. The interest or other income received out of the investments made from the Fund,
d. the income generated by
way of testing,
donations from any other source etc.
(3) The Fund shall be administered and utilized by the Authority for purposes es prescribed under the regulations.
General provisions as to Animal Feed
(i) The general provisions of the Food Safety and Standards Act, 2006. except Sections 51, 52, 59 and 65, in so far as these are applicable on food or food safety and standards shall be applicable mutatis mutandis on matters relating to animal feed to the extent that it impacts the quality of food.
(ii) The Central Government may by notification notify on agency of the Central Government to exercise the powers of Food Authority under the Food Safety and Standards Act, 2006 concerning matters relating to Animal Feed.
Provided that standards for animal t’eed would be determined by the Food Authority only.
(iii) The Central Government/State Governments may by notification appoint the Commissioners of Food Safety, Designated Officers and Food Safety Officers exclusive for administering the animal feed.
(iv) Educational and other qualifications, as appropriate, may be prescribed for such Commissioners of Food Safety, Designated Officers and Food Safety Officer who work exclusively on matters relating to animal feed.
Amendment of Section 84 A
The following proviso to be added to Section 92 (1):
Provided that draft regulations having been approved by the Central Government before notification for soliciting suggestions, would not require such approval again if no changes are carried out thereon after considering comments of stakeholders.
Amendment of Section 92 (1)
Clauses (2) (d) (f) (g) (h) (i),(l) (m) (n) (o) (p) (q) (r) & (s) of Section 92 will be deleted
Amendment of Section 92
Section 92 (2) (e)
The words ‘and guidelines’ to be deleted.
92 (2) (k)
After the words ‘and labelling’ the words ‘and packaging requirements’ shall be added
Amendment of Section 92 (2) (e)
Section 92 A: new section to be inserted.
Power of the Food Authority to make Regulations.
(1) The Food Authority may, after prior publication, and stakeholders’ consultation by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulation may provide for all or any of the following matters, namely: –
(d) procedure of Scientific Committee and Panels under sub- section (4) of section 15;
(f) procedure to be followed by Food Authority for transaction of business at its meetings under sub-section (1) of section 17,
(g) making or amending regulations in view of urgency concerning food safety or public health under clause (d) of sub- section (2} of section 18,
(h) limits of additives under section 18;
(i) limits of quantities of contaminants, toxic substance and heavy metals, etc., under section 20;
(j) tolerance limit of pesticides, veterinary drugs residues, etc, under section 21,
(l) form in which guarantee shall be given under sub-section (4) of section 26,
(m) conditions and guidelines relating to food recall procedures under sub-section (4) of section 28,
(n) regulations relating to functioning of Food Safety Officer under sub-section (5) of section 29;
(o) notifying the registering authority and the manner of registration, the manner of making application for obtaining license, the fees payable therefor and the circumstances under which such license may be cancelled or fortified under section 31,
(p) the respective areas of which the Designated Officer shall be in-charge for food safety administration under sub-section (1) of section 36,
(q)procedure in getting food analysed, details of fees etc., under sub-section (1) of section 40,
(r)functions, procedure to be followed by food laboratories under sub- section (6) of section 47,
(s) procedure to be followed by officials under subsection (6) of section 47,
Additional regulations to be added:
(w). regulation due to health risk condition arising out of emergent circumstances or due to habitual default by the food business as referred in section 34
x}. prescribe mechanism for handling food safety incidents including reporting, investigation, corrective and preventive measures as referred in section 35
(y). prescribe functions to be entrusted to the Reference Laboratory as referred to in section 43 (2B) of the Act.
(z) specify tasks to be performed by the ‘Authorised officer’ as referred to in section 47(5) of the Act.
(za) prescribe procedure of compounding of offences under section 69 of the act to be followed by the commissioner of food Safety and his power to delegate this function to his subordinates.
(zb) prescribing educational and other qualifications of the machinery to be entrusted with administration of the ’animal feed’ of Chapter XI A, Section 84A.
(zc) prescribing requirement of ‘food contact material, as in
Amendment of Section 92 A
In the First Schedule to the Act, the following serial number and the entries relating thereto shall be modified, namely: –
“7. Telangana” to be added Zone II
“3. Jammu and Kashmir” to be deleted
3.Dadra and Nagar Haveli and Daman and Diu.
Daman and Diu to be deleted from Serial no. 4.
“8. Jammu and Kashmir” to be added
“9. Ladakh” to be added
SL. No. 8 of second schedule to be amended as:
8. Any other order issued under the Essential Commodities Act, 1955 (10 of 1955) relating to Food Safety and Standards.
Section 97 Repeal and Savings.
In sub-section (2) of Section 97 after the words “commencement of this Act”, the words “including the state amendments to the Indian Penal Code pertaining to food safety” shall be inserted
Amendment of Section 97
Proviso in 101 (I) to be amended as:
Provided that no order shall be made under this Section after the expiry of the period of three years from the Date of commencement of this Act or the amendments thereto.
Amendment of Proviso in 101 (1)
Source : FSSAI