State Regulation Regarding Food Eateries | 04 Oct 2024

Source: IE

Why in News?

Recently, the Uttar Pradesh (UP) government mandated that food establishments prominently display the names of their operators, proprietors, managers, and other relevant personnel. 

• The UP government cited reports of food adulteration incidents, such as food items being contaminated with human waste or other inedible substances for its latest directives. 

What are the Existing Food Safety Requirements Under the Food Safety and Standards Act, 2006 (FSSA)? 

• Registration or Licence: Under the FSSA, food business operators are required to register or obtain a licence from the Food Safety and Standards Authority of India (FSSAI).  
  • Registration certificates or licences, displaying the owner's identity and establishment's location, must be prominently displayed at the premises. 
• Penalties for No Licence: Under Section 63 of the FSSA, any operator carrying on a food business without a licence can be punished with up to six months in prison and a fine of up to Rs 5 lakh. 
  • This provision reinforces the importance of proper licensing and display of information.   
• Non-Compliance with FSSA Regulations: If a food business operator violates the provisions of the FSSA, they may receive an 'Improvement Notice' under Section 31.  
  • If the operator fails to comply with the notice, their licence can be suspended or cancelled.  
  • Additionally, Section 58 provides for penalties up to Rs 2 lakh for violations where no specific penalty is prescribed. 

What are State Governments’ Power to Make Rules Under FSSA? 

• State Authority: Section 94 of the FSSA allows state governments to make rules with the prior approval of the FSSAI.  
• Assignment of Additional Functions: State governments can prescribe additional functions and duties for the Commissioner of Food Safety, appointed under Section 30 of the FSSA.  
  • This includes making rules on matters related to food safety within the state’s jurisdiction, subject to the central government's oversight.  
• Process of Rulemaking by States: Section 94(3) of the FSSA requires that any rules made by state governments must be published and approved by the state legislature. 

Why Such State Government Directives are challenged in court? 

• Violation of Article 15: Critics argue that such directives force individuals to reveal their religious and caste identities and discriminate against individuals on the grounds of religion and caste, violating Article 15(1) of the Constitution. 
  • Article 15(1) states the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” 
• Violation of Article 17: It may implicitly support the practice of untouchability, which was abolished and forbidden under Article 17 of the Constitution. 
• Violation of Article 19: Critics argue that the order creates conditions for the complete economic boycott of specific community and violates the right to practise any profession under Article 19(1)(g). 

What are General Provisions to Prevent Food Adulteration under the FSS Act, 2006? 

• Use of Food Additives: No article of food shall contain any food additive or processing aid unless it is in accordance with the provisions of this Act and regulations made thereunder. 
• Toxic Substances and Heavy Metals: No article of food shall contain any contaminant, naturally occurring toxic substances or toxins or hormone or heavy metals in excess of such quantities as may be specified by regulations.  
• Pesticide and Veterinary Drug Residues: No food article may contain residues of insecticides, pesticides, veterinary drugs, antibiotics, or microbiological counts above the limits set by regulations. 
  • No insecticide shall be used directly on articles of food except fumigants registered and approved under the Insecticides Act, 1968. 
• Genetically Modified Foods: The FSSA restricts the manufacture, distribution, sale, or import of novel foods, genetically modified foods, irradiated foods, organic foods, health supplements etc unless otherwise provided under the Act and its regulations. 
• Packaging and Labelling: Food products must be packaged and labelled in accordance with specified regulations. 
  • Labels must not contain any false or misleading claims about the food products, including their quantity, nutritive value, or any implied medicinal or therapeutic benefits. 
• Unfair Trade Practices: No person may engage in unfair trade practices to promote food articles, which includes making false representations about the standard, quality, or usefulness of the foods. 

What is the Food Safety and Standards Authority of India? 

• About FSSAI: FSSAI is an autonomous statutory body established under the Food Safety and Standards Act, (FSSA) 2006. 
  • FSSA, 2006 consolidates various laws related to food, such as the Prevention of Food Adulteration Act, 1954, the Fruit Products Order, 1955, the Meat Food Products Order, 1973 etc. 
• Functions of FSSAI: FSSAI is responsible for protecting and promoting public health by regulating and supervising food safety and quality in India, operating under the Ministry of Health & Family Welfare. 
  • FSSAI was consequently established in 2008 but work within the Food Authority effectively began in 2011 after its rules and key regulations were notified. 
• Powers of FSSAI: Framing of regulations and standards for food products and additives. 
  • Granting of licences and registration to food businesses. 
  • Enforcement of food safety laws and regulations. 
  • Monitoring and surveillance of food safety and quality. 
  • Conducting risk assessment and scientific research on food safety issues. 
  • Providing training and awareness on food safety and hygiene. 
  • Promoting food fortification and organic food. 
  • Coordinating with other agencies and stakeholders on food safety matters. 
• Structure of FSSAI: The FSSAI comprises a Chairperson and twenty two members out of which one – third are to be women. 
  • The Chairperson and Chief Executive Officer of FSSAI, appointed by the central government.  
  • The Chairperson is in the rank of Secretary to the Government of India. 
• Initiatives of FSSAI:  
  • World Food Safety Day 
  • Eat Right India 
  • State Food Safety Index 
  • RUCO (Repurpose Used Cooking Oil) 
  • Food Safety Mitra 
  • 100 Food Streets 

Conclusion 

The provisions of the Food Safety and Standards Act (FSSA) empower state governments to regulate food safety effectively while ensuring compliance with national standards. By setting rules on food additives, contaminants, and advertising practices, the FSSA aims to protect consumer health and promote transparency in the food industry.