FOOD SAFETY LAWS IN STATES

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Context:

The Uttar Pradesh (UP) Government's recent guidelines require all food businesses to display the names and addresses of their owners and staff.

Food Safety Regulations in India

1. The Food Safety and Standards Authority of India (FSSAI) regulates food safety regulations. Anyone operating a food business must register or get a licence from the FSSAI.
2. Small businesses, like street vendors and small food stalls, must register with the FSSAI. Once registered, they receive a certificate and a photo ID, which must be displayed prominently in their premises or vehicles.
3. Bigger food businesses need to obtain a licence, which also has to be displayed clearly.
4. If a food business operates without a licence, it could face up to six months in jail and fines up to ₹5 lakh.

The Food Safety and Standards Act (FSSA) allows state governments to design rules to ensure food safety in the state.  

1. Section 94(1) of the FSSA allows state governments to make rules, but they need prior approval from the FSSAI.
2. The law outlines various functions that state commissioners of food safety can oversee, such as conducting surveys and enforcing regulations.
3. Any new rules designed must be submitted to the state legislature for approval.

The directives issued by state governments can be legally challenged in court, it is often argued that such requirements may force individuals to disclose personal information, which could lead to discrimination based on religion or caste.

If a food business fails to comply with the FSSA, it could face serious consequences:

1. The food authority can issue an Improvement Notice detailing the compliance failures and the timeframe to address them.
2. Continued non-compliance may lead to the suspension or cancellation of the business's licence.
3. General penalties can reach up to ₹2 lakh for violations. Repeat offenders could face increased fines and further penalties.

About Food Safety Regulations In India

Initially, different states had their own food safety laws. However, these state laws were not consistent, to address this, the Food Safety and Standards Act (FSSA) was introduced in 2006.

Food Safety and Standards Act (FSSA) 2006

1. It is the main law governing food safety in India. It combined various food safety regulations under one umbrella and established the Food Safety and Standards Authority of India (FSSAI). 
2. It works under the Ministry of Health and Family Welfare.
3. The chairperson is appointed by the Union Government.
4. The headquarters of FSSAI is in New Delhi, and it has regional offices in four major cities: Delhi, Mumbai, Kolkata, and Chennai.
5. All food businesses must obtain a license or register with the FSSAI. This ensures that businesses meet safety standards. The FSSAI sets standards for food products, ensuring they are safe and of good quality.
6. The law strictly prohibits the production, sale, and distribution of contaminated or counterfeit food. This helps protect consumers from harmful products. Violating these laws can lead to serious penalties, including fines and imprisonment.

Role of Indian Constitution in ensuring Food Safety Article 21 guarantees the right to life and personal liberty, which includes the right to safe and nutritious food. It empowers the state to make laws that protect public health. Part IV of the Constitution outlines the state's responsibility to promote public health and nutrition. Article 47 emphasizes that the state should prioritize improving the health and living standards of its citizens.

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Source: 

Indian Express

Wikipedia

PRACTICE QUESTION Q.According to the Food Safety and Standards Act, 2006, which of the following statements about food safety regulations are correct? 1. All food business operators must be licensed or registered. 2. FSSAI can suspend or cancel a licence if a business violates food safety norms. 3. There is no requirement for food safety audits for small-scale food manufacturers. Which of the following are correct? A) 1 and 2 only B) 2 and 3 only C) 1 and 3 only D) 1, 2, and 3 Answer:  A Explanation: Statement 1 is correct: The Act mandates that all food business operators (FBOs) must obtain a license or register with the Food Safety and Standards Authority of India (FSSAI) to operate legally. Statement 2 is correct: The FSSAI has the authority to suspend or cancel the license of any food business operator if they are found to be in violation of food safety standards. Statement 3 is incorrect: The Act does not exempt small-scale food manufacturers from food safety audits. All food businesses, regardless of size, are subject to audits to ensure compliance with food safety standards.