Any food product for which the standards have not been defined under FSS Act/Rules & Regulations, first of all has to be sent for the prior approval to FSSAI to evaluate the safety & other parameters. The process of getting approval from the regulatory body is called ‘Product Approval’.
If the food product is manufactured by using the ingredients and additives for which there are no guidelines issued under FSS Act/Rules & Regulations, then such food products must be verified and approved by FSSAI, only then shall be allowed to be put in the market for consumption.
Clause 22 of FSS Act/Rules & Regulations have clearly notified – No person shall manufacture, distribute, sell or import any novel food, genetically modified articles of food, irradiated food, organic foods, foods for special dietary uses, Neutraceuticals, health supplements, proprietary foods and such other articles of food without taking product approval from the central government.
The Traditional/Ethnic foods like – Snacks of Savouries (Fried Products), such as Chiwda, Bhujia, Dalmoth, Kadubale, Kharaboondi, Spiced and fried dals, banana chips and similar fried products sold by any name, Sweets, Carbohydrates based and Milk product based, such as Halwa, Mysore Pak, Boondi Ladoo, Jalebi, Khoya Burfi, Peda, Gulab Jamun, Rasogolla and similar milk product based sweets sold by any name, Instant Mixes Powders only of Idli mix, dosa mix, puliyogare mix, pongal mix, gulab jamoon mix, jalebi mix, vada mix, Rice and Pulses based Papads, Ready-to-Serve Beverages (tea/coffee based only) do not require product approval, provided these food articles contain food additives permitted in Table 2 of Appendix A of Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011.
So, the food business operators who are the manufacturers of proprietary foods, genetically modified articles of food, functional foods, health supplements, nutraceuticals & others defined under clause 22 of FSS Act/Rules & Regulations or FBOs who are the manufacturers of a non-conventional food product or a product for which the standards have not been defined and which is new and has been introduced for the first time in India, are required to apply for the product approval with the central licensing authority i.e. FSSAI.