The bi-monthly newsletter is an attempt to update the reader about the recent developments in food laws and metrology laws including  the compliance required by various industries / sectors.

This newsletter inter alia covers recent amendments made in the Legal Metrology (Packaged Commodities) Amendment Rules, 2022, de-criminalization of penal provisions of the Legal Metrology Act, 2009, Food Safety and Standards Act, 2006 and extension of timelines granted for meeting the compliance and the enforcement of the Food Safety and Standards (Advertising and Claims) Second Amendment Regulations, 2022.

Another extension for the Legal Metrology (Packaged Commodities) Amendment Rules:

The Legal Metrology (Packaged Commodities) Rules, 2011, has been further amended vide notification No. G.S. R. 640 (E) dated August 30th, 2023.

Pursuant to the said notification, rules called as ‘the Legal Metrology (Packaged Commodities) (Amendment) Rules, 2023,’ are introduced which shall come into force on the date of their publication in the official gazette.

Pursuant to this amendment the Legal Metrology (Packaged Commodities) Amendment Rules, 2022, and in view of the same, the new commencement date for the Legal Metrology (Packaged Commodities) Amendment Rules, 2022, is now October 1st 2023.

De-Criminalization of penal provisions under the Legal Metrology Act, 2009

The Jan Vishwas (Amendment of Provisions) Act, 2023 (“Jan Vishwas Act”), has received the assent on the August 11 2023, and will come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Different dates may be appointed for amendments relating to different enactments mentioned in the Schedule.

The Jan Vishwas Act proposes to decriminalize and rationalize various offenses across different Ministries/Departments. The said Act intends to remove imprisonment, enhance fine, convert the imprisonment and fine into penalty and introduce a compounding mechanism of offences wherever needed.

The Jan Vishwas Act has proposed various amendments in the Legal Metrology Act, 2009 (“Act”). The suggested amendments decriminalise the offenses as mentioned in the Sections 25, 27, 28, 29, 31, 34 35 and 48 of the Act and instead imposes enhanced penalty for second and subsequent offences.

By making the above changes Jan Vishwas Act aims at ensuring that minor, technical, and procedural defaults will no longer attract severe criminal consequences, reducing the burden on the justice system.

De-Criminalization of penal provisions of  the Food Safety and Standards Act, 2006:

The Jan Vishwas (Amendment of Provisions) Act, 2023, has also suggested the identical changes in the Food Safety and Standards Act, 2006, to decriminalise the offenses as mentioned in the Sections 61 and 63 of the said Act, however, Section  59 (i) still provides for imprisonment for a period of 3 months for selling unsafe food along with an enhanced penalty.

The Jan Vishwas Act is a considerable step toward rationalizing penal provisions and facilitating ease of business operations for the Food Business Operators. The said Jan Vishwas Act is a major step towards balanced and efficient governance and legal framework.

Guidelines for the Health and Wellness Celebrities, Influencers and Virtual Influencers:

The Additional Guidelines (“Guidelines”) are issue by the Ministry of Consumer Affairs concerning the certified medical practitioners and health & fitness experts holding certifications from recognised institutions while promoting any product on virtual platforms.

Primarily these Guidelines urges the Virtual Influencers that while sharing any information, promoting products or services or making any health-related claims, they must disclose that they are certified health/fitness expert and or medical practitioner. This disclosure or disclaimer is obligatory for the Virtual Influencers while making claims on health advantages, including those derived inter alia from food items and nutraceuticals, disease prevention, treatment or cure, medical conditions, recovery methodologies or immunity boosting. These endorsement or disclaimers can be given in the manner as stated hereunder:

"As a certified nutritionist. I recommend....." or "With my background in personal training, I find this product helpful for...".

The Guidelines also states that virtual influencers must encourage their audience to avail proper advice from health and wellness centres or healthcare professionals prior to making any significant alterations to their diet, exercise or medication routines. Further, as per the Guidelines, the influencers and virtual influencers are also urged to refrain themselves from making any false, misleading, or exaggerated claims that could potentially mislead their consumers in general.

There are certain exemptions granted under the Guidelines for the celebrities, influencers and virtual influencers who share general wellness and health advice, not associated with specific products or services or not targeting specific health conditions or outcomes for e.g. ‘Regularly Drink Water Stay Hydrated’ and ‘Reduce Screen Time’ .

The Guidelines also records that the violators may also attract penalty and penalisation under Consumer Protection Act 2019 and other relevant provisions of the law.

Revisions of price of Essential Commodities:

On July 10th, 2023 the Ministry of Consumer Affairs, Food and Public Distribution has issued notice bearing No.  I-10/17/2023-W&M, clarifying the applicability of Legal Metrology (Packaged Commodities) Rules, 2011 with respect of Medical Devices.

The said notice refers to Rule 26 of the Legal Metrology (Packaged Commodities) Rules, 2011 which spells out the exemption from the purview of the said rules. One of its clauses stipulate that the rules do not apply to a commodity if it contains scheduled or non-scheduled formulations under the Drugs (Price Control) Order, 2013. However, no exemption is provided to medical devices declared as drugs.

The notice mainly underlines that as per the Legal Metrology (Packaged Commodities) Rules, 2011 if the retail sale price of any essential commodity is fixed and notified by the competent authority under the Essential Commodities Act, 1955, in such a case the notified price will apply to the commodity.

By virtue of the said notice, if the retail sale price of any essential commodity is fixed and notified by the Competent Authority under the Essential Commodities Act, 1955 the same shall apply. Further, under the said notice the industries are permitted to revise their prices as per the notifications issued by the concerned authorities/ bodies.

Extension of time-period for compliance of provision of warning statement for ‘Pan Masala’:

The Food Safety and Standards Authority of India (“FSSAI”) issued directions on August 1, 2023, extending the time period for compliance with the provision of a warning statement for ‘Pan Masala’ specified in the Food Safety and Standards (Labelling and Display) Second Amendment Regulations, 2022.

According to instructions dated May 22, 2023, the enforcement of ‘Note,’ i.e., “The warning statement must cover 50% of the front-of-pack of the label,” was postponed for three months beginning May 1, 2023. As a result, the FSSAI has received representation from the association requesting a time extension for compliance with this requirement. After due consideration, the FSSAI has decided to postpone the implementation of this requirement for another three months, beginning on August 1, 2023.

This extension by FSSAI is expected to benefit stakeholders because it allows them to exhaust old packaging materials with existing warnings, which will significantly reduce packaging costs.

FSSAI extends timeline for Compliance with Recommended Dietary Allowance 2020:

While exercising the power under Section 16(5) of the Food Safety and Standards Act, 2006, the Food Safety and Standards Authority of India (FSSAI) has issued a directive dated July 11th 2023, extending the time period for compliance with the Recommended Dietary Allowance (RDA) 2020 (“RDA”), by six months.

The RDA was supposed to come into effect on July 1, 2023, according to the directions issued by the FSSAI as per the notification dated July 16, 2021.   However, the FSSAI, received numerous representations from industry associations requesting an extension in this compliance. After due consideration, the FSSAI decided to further extend compliance with RDA for a period of six months beginning from July 1, 2023.

This extension will certainly help in dealing with the challenges that the stakeholders are facing in reformulation of products and inventory of old packaging materials lying with the FBOs.

Enforcement of the Food Safety and Standards (Advertising and Claims) Second Amendment Regulations, 2022:

While exercising the power under Section 16 (5) of the Food Safety and Standards Act, 2006, the competent authority vide its circular/notification dated July 5th 2023, has decided to extend the date of enforcement of sub regulation (7) of regulation 4 of the Food Safety and Standards (Advertising and Claims) Second Amendment Regulations, 2022 for another 6 months.

Numerous new representations were received by the concerned authorities from stakeholders requesting that the said regulations be extended further in order to exhaust the existing inventory of old packaging materials. Considering the request, the FSSAI has decided to extend the date of enforcement by six months, beginning on June 13, 2023.

FSSAI Manual of Methods of Analysis of Foods - Fish and Fish Products and Beverages:

FSSAI in its 42nd meeting held on May 30, 2023 approved the FSSAI Manual of Methods of Analysis of Foods-Fish and Fish Products and they shall be used by the laboratories with the immediate effect. It supersedes the test Methods for Fish and Fish Products specified in the Manual of Methods of Analysis of Foods-Meat and Meat Products & Fish and Fish Products, which was issued by office order on January 9, 2017.

In the same meeting FSSAI also approved the FSSAI Manual of Methods of Analysis of Foods- Beverages: Tea, Coffee and Chicory and the same shall be used by the laboratories with the immediate effect.

Revised fee and timeline for use of pre-printed packaging material:

Vide an order dated August 2 2023, FSSAI has decided to grant a final one-time permission up to December 31 2023, to FBOs seeking permission to use pre-printed packaging material that is non-compliant with the FSS (Labelling & Display) Regulation, 2020 and its amendments.

This is the final One-time permission to the FBOs to utilise their non -complying pre-printed packaging material(s) till 31st December 2023, after seeking approval/permission from the authority. 

Furthermore, the revised fee for any FBO applying for permission to use the above-mentioned on -complying pre-printed packaging material(s) shall be as under:

1. For central licence - Rs. 30,000/- + GST
2. For state licence - Rs. 12,000/- + GST

The above is required to be paid via the e-payment portal of the FSSAI.

Abeyance of enforcement of provision related to labelling requirement for fermented milk products:

The Food Safety and Standards (Food Product Standards and Food Additives) First Amendment Regulations, 2023, specify the labelling requirement of fermented milk products. The provisions of the amended regulation were all set to come into effect on August 1, 2023. However, various stakeholders made representations on the provision of the amended regulations relating to the use of the term 'dahi' primarily in the nomenclature of fermented milk products and optionally together with any other designation on the label.

The aforementioned representative are under consideration and the authorities are once again reviewing the said Provisions/amendment. The revision shall require certain considerable time period, therefore, after careful consideration, FSSAI has decided to suspend the enforcement of clause 6(a)(i) of sub regulation 2.1.13, as mentioned in the Notification dated January 1 2023, until further orders are issued. 

Till any further order or notifications from the FSSAI, no obligation is casted on enforcement of the aforesaid provisions. 

Contributors to the newsletter:

• Sidhartha Srivastava, Partner
• Yasmeen Sabir, Principal Associate