UP Govt Asks Eateries To Display Names Of Owners: Food Safety Laws In Different States Explained – News18

The Uttar Pradesh government recently directed all eateries, food and beverage outlets across the state to display the names and addresses of their owners, operators and managers to improve accountability. In Himachal Pradesh, chief minister Vikramaditya Singh said in his state too every eatery and fast food cart will have to display their owner’s ID.

The Supreme Court had in July stayed similar orders passed by police in Uttar Pradesh and Uttarakhand for this year’s ‘Kanwar Yatra’. The court said the “competent authority” under the Food Safety and Standards Act, 2006 (FSSA) could indeed issue such orders, but the police could not “usurp” this power.

What are Different Food Laws in India?

Food Safety and Standards Act, 2006: This is the central legislation that provides the legal framework for regulating food safety and standards in India. It covers various aspects of food safety, including the manufacture, storage, distribution, and sale of food products.

Prevention of Food Adulteration Act (PFA), 1954: Although the PFA Act has largely been replaced by the Food Safety and Standards Act, 2006, some provisions may still be relevant in certain cases. The PFA Act primarily focused on preventing the adulteration of food products and regulating food quality.

Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011: These regulations outline the licensing and registration requirements for food businesses under the Food Safety and Standards Act, 2006.

Food Safety and Standards (Packaging and Labelling) Regulations, 2011: These regulations specify the labeling and packaging requirements for various food products, including information on ingredients, nutritional facts, allergens, and more.

Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011: These regulations establish specific standards for different categories of food products, including dairy, meat, fish, and more.

Meat Food Products Order, 1973: This order governs the processing and sale of meat and meat products in India. It includes provisions related to hygiene, sanitation, and labeling of meat products.

Bureau of Indian Standards (BIS): BIS has developed various standards for food products, including those related to packaged drinking water, packaged foods, and food additives.

What are the Main Features of Food Laws in India?

Food Safety and Standards Regulations: FSSAI has framed numerous regulations under the FSSAI to specify detailed standards and guidelines for different categories of food products. These regulations cover various aspects, including labelling, packaging, additives, contaminants and hygiene standards.

Food Licencing and Registration: Under the FSSAI regulations, food businesses must obtain licenses or registrations, depending on the scale and nature of their operations. This is to ensure that food businesses comply with safety and quality standards. Under the Food Safety and Standards (Licensing and Registration of Food Businesses) Rules, 2011 (enacted under the FSSA), ‘Petty Food Manufacturers’ such as small-scale food businesses, hawkers, vendors, and stall holders, are required to register with the FSSAI.

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.

Food Product Standards: FSSAI has established specific standards for various food products to ensure their quality and safety. These standards cover a wide range of products, including dairy, meat, beverages, packaged foods, and more.

Food Labelling: These regulations require manufacturers to provide accurate information on labels, including ingredients, nutritional information, and expiry dates. Food additive regulations specify permissible levels of food additives and maximum limits for pesticides and heavy metals.

Food Hygiene and Safety Practices: Food establishments are required to maintain hygienic conditions and follow safe food handling practices to prevent contamination and foodborne illnesses.

Can States Make Rules Under FSSAI?

Under Section 94(1) of FSSAI, “Subject to the powers of the Central Government and the Food Authority to make rules and regulations respectively, the State Government may, after previous publication and with the previous approval of the Food Authority… make rules to carry out the functions and duties assigned to the State Government and the State Commissioner of Food Safety under this Act and the rules and regulations made thereunder”.

States can make rules under Section 94(2) on matters that come under “other functions of the Commissioner of Food Safety under clause (f) of sub-section (2) of Section 30”.

Section 94(3) requires that the rule must be placed before the state legislature for approval.

What is the Penalty for Violation of Rules?

The food authority can slap an ‘Improvement Notice’ on food business operators under Section 31 of the Food Safety and Standards Act. The notice will include the grounds for believing that the food business has failed to comply with the FSSA, the measures it must take, and the time period for compliance (minimum 14 days).

Those who fail to comply with this notice may have their licence suspended or, in case of further non-compliance, even cancelled.