Tag Archives: Final Regulations

Import Regulations

The Food Safety and Standards Authority of India (FSSAI) has now notified the Food Safety and Standards (Import) Regulations, 2017 and has made the same effective from March 10, 2017. This effectively concludes the process initiated by the FSSAI in the year 2016 during which it had issued various notices in relation to the operationalisation of the Import Regulations and also a set of draft regulations calling for comments and suggestions.

In terms of a press release, the FSSAI has stated that the Import Regulations have been notified for the purpose of streamlining the process of clearance of imported food in an efficient and transparent manner. It would be important to note that whilst the Import Regulations have just been notified, the FSSAI has been regulating the import of food products at various ports through its ‘Food Import Clearance System’. Importers of food products have faced various difficulties, in the past, due to a lack of clarity in relation to certain aspects of imports. The Import Regulations, it is hoped, would remove these difficulties and make the process of import efficient.

The Import Regulations would be applicable to all food products being imported into India and among other things sets out the licenses required and the procedures to be followed for the import of food products, shelf  life of imported food products, the labelling declarations required to be set out on packages being imported, etc.

The FSSAI has however not provided any specific time period for compliance with the Import Regulations which would imply that the Regulations must be complied with immediately.

Proprietary Food – The Final Regulations

In a previous post, we had discussed a direction issued by the Food Safety and Standards Authority of India, in August this year, in relation to the ‘finalised standards’ for proprietary food products. The post, among other things, discussed the gaps in the direction, specifically in relation to whether the same was enforceable and was issued by the FSSAI in accordance with the procedure and requirements of the Food Safety and Standards Act, 2006.

The FSSAI has now, as on October 13, 2016, issued a final notification which amends the provisions set out in the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, which specifically sets out the meaning and standards for proprietary food products. These provisions will now be the final provisions that would apply to proprietary food products and would supersede earlier notifications, orders and directions issued by the FSSAI.

The provisions of this notification are the same as compared to the earlier direction issued by the FSSAI, with the exception of the provisions in relation to health claims. While the earlier direction prohibited all types of health claims to be made in relation to the products, whether on the label or otherwise, this notification now permits health claims to be made, whether on the product label or otherwise, as long as the same is substantiated with adequate and scientific evidence.

The above change made by the FSSAI to the regulations as were set out in the direction, comes as a welcome relief to the food industry. As we had stated earlier, it did not seem logical as to why the FSSAI was preventing such food products from making health claims while the main Act, the FSS Act, itself permits such health claims, as long as the same are capable of being substantiated with adequate and scientific evidence. It appears that the FSSAI has now kept the final regulations in tune and in line with the main Act, the FSS Act.

In addition to the above, while this notification states that the final regulations and provisions would come into force on the date of the publication in the Official Gazette, i.e. October 13, 2016, it appears that the FSSAI has provided time to food business operators to comply with the same until July 1, 2017. This would, in our view, imply that the enforcement activities in relation to proprietary food products complying with these regulations would be undertaken only subsequent to July 1, 2017.