Relaxation – Use of Old Packaging Material

The Food Safety and Standards Authority of India (FSSAI) has issued an order dated November 23, 2016 based on several representations received from various stakeholders in relation to the use of old packaging material.

In terms of the applicable requirements under the Food Safety and Standards Act, 2006 (FSSA), the name, address of manufacturers/ packers, etc., and their FSSA license numbers are required to be set out on the packages of various products. Further, in the event that any of the aforesaid details undergo any change, the said change must be reflected on the packaging material.

The FSSAI has now recognised the fact that a lot of the pre-printed packaging material with the details of the old name, address and license number gets wasted as the same is not permitted to be used in terms of the applicable laws. Keeping this in mind, the FSSAI has now stated that, on the requisite application made to it and on paying the required fees, it would permit food business operators to use the pre-printed packaging material with the old details printed on the same, for a period of 6 months which may be extended by a period up to an additional year.

This is a welcome step taken by the FSSAI as it would, in addition, to helping food business operators also benefit the environment and reduce the amount of waste being generated in view of the change of the name, address or license number of a food business operator.

Standards For Packaged Drinking Water – Substituted

The Food Safety and Standards Authority of India (FSSAI), has, as on November 15, 2016, substituted the standards set out for packaged drinking water in terms of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 (Standards Regulations).

The notification states that the substitution would come into force on or after March 1, 2017.

While it is clear that the standards for packaged drinking water are being substituted and that the new standards would have to be complied with by food business operators dealing with packaged drinking water, there appears to be an ambiguity in relation to the date on which this substitution would come into force, in view of the use of the terms ‘on or after March 1, 2017’. It is unclear as to whether the FSSAI would issue another notification prior to, on or after March 1, 2017, setting out the date on which the standards would come into force. Nevertheless, food business operators, we feel, must start compliance with the new standards as soon as possible and in any event before March 1, 2017.