January 2023

FSSAI extends the date of implementation of directions to operationalize Draft Food Safety and Standards (Food Product Standards and Food Additives) Amendment Regulations with regard to Packaged Drinking Water (other than mineral water).

FSSAI vide letter dated 3 January 2023 issued a direction in reference to operationalizing Draft Food Safety and Standards (Food Product Standards and Food Additives) Amendment Regulations for Total Dissolved Solids, Calcium and Magnesium. The authority acknowledged receipt of representations from stakeholders who sought transition time for said implementation. The date had been extended to 1 July 2023 or until final notification of draft regulations, whichever is earlier.

FSSAI issues advisory to the food safety commissioners to check scope of testing and validity of primary notified/referral laboratory recognized under Section 43(1) & (2) of the Food Safety and Standards Act (FSS Act) before sending food samples for analysis.

FSSAI vide letter dated 4 January 2023 issued an advisory to check the scope of testing and validity of laboratories where food samples are sent for analysis. It was noted by the authority that food samples are being sent for analysis to laboratories not authorized to analyze said samples. It was also pointed out that legal proceedings based on such analysis reports have been treated as null and void in a legal proceeding.

Hence, Food Safety Officers have been advised that the scope of testing and validity of laboratories ought to be checked diligently before sending samples for analysis. It will ensure that such samples are treated as valid in any legal proceeding.

FSSAI issues direction regarding the re-operationalization of Food and Safety Standards (Labeling and Display) Amendment Regulations, 2022 with regard to labeling requirements.

FSSAI vide letter Dated 6 January 2023 issued a direction regarding the re[1]operationalization of the draft regulations in relation to labeling requirements. It noted that through an earlier notification, comments were invited from stakeholders for the finalization of the draft regulations based on such comments, approval of which delayed the effectuation of said regulations.

It declared thus that the said re-operationalization has come in effect from 1 January 2023.

FSSAI notifies approval of Rapid Analytical Food Testing (RAFT) Kit/Equipment/Method through FSSAI registration.

FSSAI vide letter dated 9 January 2023 notified the approval of Rapid Analytical Food Testing (RAFT) Kit/Equipment/Method by registration under FSSAI. The authority has requested desirous commercial manufacturers to apply for such approval through a revised application format attached with the order. It pointed out certain requirements in the application to be fulfilled by applicants failing which applications might be rejected. The authority for applications has prescribed mandatory signature, complete data on verification of RAFT and a 30-day limitation period for such information to be submitted, validation of RAFT in accordance with International guidelines, information on instruments used for analysis, and an online application fee.

The authority has also prescribed a 60-day period for submitting declaration forms and fees to renew a RAFT application and that all the above applications are to be sent through email until the online RAFT portal is operational.

FSSAI extends the date to comply with health certification requirements for milk, fish and pork products.

FSSAI vide letter dated 10 January 2023 extended the date of implementing compliance with health certification requirements for fish and fish products, milk and milk products and pork and pork products. The authority noted that many partners are still in the process of adopting it and extended the date of implementing said compliance to 1 March 2023.

FSSAI amends the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011

The FSSAI vide a Gazette Notification dated 11 January 2023 notified the Food Safety and Standards (Food Products Standards and Food Additives) First Amendment Regulations, 2023.

The amendment inter alia modifies the regulations pertaining to the General Standards for Milk and Milk Products, food for infant nutrition, coconut products, lemon, rice, extenders, binders, chocolate, introduces several provisions pertaining to "Basmati Rice", etc.

The amendment also introduces limits of formaldehyde in seafood.

The amendment will come into effect on 1 August 2023.

*see notification for further details

FSSAI issues advisory regarding escalation matrix for grievance redressal related to licensing applications.

FSSAI issued an advisory vide letter dated 11 January 2023 notifying the escalation matrix to raise grievances related to licensing applications. The authority notified that for central licensing procedures, Central Licensing Authorities (CLA) have been appointed and in case, Food Business Operators (FBO) are aggrieved by the decision of the CLA, grievances could be raised with the concerned regional director.

It further notified that if in such cases, either the FBO wants to further represent the case after receiving comments from the regional director or if no comments have been received from the regional director within 21 days of making the request, then the grievances could be raised with the Executive Director (Compliance Strategy), FSSAI.

FSSAI issues orders regarding instant renewal of license and registration as part of ease of doing business.

FSSAI vide letter dated 11 January 2023 issued an order regarding streamlining the process of licensing and registration for instant renewal. It noted that the current process required lengthy scrutiny of applications which took additional time and effort and is increasing by the day.

Hence, it notified that the renewal of licenses will now be granted instantly upon the submission of the application without scrutiny. The authority also prescribed conditions subject to which the renewal stands concerning the validity of licenses and registration and a time window of 180 days for renewal before expiry.

FSSAI issues notice regarding import of high-risk food products at specific ports.

FSSAI vide letter dated 11 January 2023 issued a notice regarding entry of high risk food items under specific ports in reference to comments from stakeholders on the said matter. The authority notified that in order to ensure efficient monitoring of high-risk products, it decided that only the import of products specified in the present order will be allowed through only the designated ports.

The authority also notified that the order shall come in effect on 1 March 2023.

FSSAI issues order regarding mandatory lab testing reports (six monthly) to manufacturers including repackers and relabellers.

FSSAI vide letter dated 13 January 2023 issued an order mandating upload or linking of lab testing report on FoSCos to manufacturers. It was clarified by the authority that this order arises out of Conditions of License no. 12 of Schedule 2 of FSS (Licensing and Registration of Food Businesses) Regulations, 2011 which specifies mandatory testing of chemical contaminants in food products on a bi-annual basis. Hence, to bring in transparency, the authority mandated that all manufacturers shall, through FosCos, either upload bi-annually testing reports as per condition 12 or link such reports from the InFoLNET wherever such testing has been done by FSSAI notified laboratories. The last date for such an upload of a link was notified to be 31 March 2023.

FSSAI issues order regarding appellate authority in respect of the General Administration and Policy Coordination Division.

FSSAI vide letter dated 17 January 2023 issued an order regarding the appellate authority for General Administration and Policy Coordination Division. It notified that with the approval of competent authority, charge of appellate authority for matters of General Administration and Policy Coordination Division is given to Shri Parveen Jargar, Joint Director until such time as Shri Ankeshwar Mishra, Joint Director (GA) resumes office.

FSSAI notifies the Food Safety and Standards Authority of India (Financial) Regulations, 2023

Vide a notification dated 20 January 2023, the FSSAI has notified the Food Safety and Standards Authority of India (Financial) Regulations, 2023 for governing the funds of the FSSAI.

FSSAI issues order declaring Appellate Authority for Regulatory Compliance Division (RCD) and QA Division.

FSSAI vide Letter dated 23 January, 2023 issued an order declaring CPIOs and appellate authorities for RCD and QA Division. It notified that for RCD (Licensing Unit) Sh. Akhilesh Gupta, Assistant Director has been appointed as the CPIO and Sh. Rakesh Kumar, Director as appellate authority. It was further notified that for the QA Division Ms. Pritha Ghosh, Deputy Director has been appointed as the CPIO and Dr. Ajai Prakash Gupta, Director as appellate authority.

FSSAI issues notice to food safety commissioners regarding misleading products in the market in the name of "ghee/butter".

FSSAI vide letter dated 23 January 2023 issued an advisory to food safety commissioners regarding misleading products under the name of "ghee/butter". It was noted by the authority that dairy terms like "plant-based ghee/butter, vegan ghee/butter etc." are being used by certain FBOs for non-dairy products and have been made available in the market. It was clarified that products like Ghee, Butter cannot be claimed to be vegan foods without prior approval of the food authority. It was further clarified that as per Sub-Regulation 2.1.1(3)(f) of FSS Regulations, 2011, a non-dairy product cannot be sold as a dairy product under any deceptive name.

Hence, the authority requested all officers to immediately check labels of such products being sold in their respective jurisdictions and to take enforcement actions against such FBOs.

Food Safety Half Yearly Bulletin - Issue 2 - 2023.pdf

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