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.

Introduction of ‘combination package’ ; ‘group package’ and ‘multi-piece-package’:

The Ministry of Consumer Affairs, Food and Public Distribution, has vide its notification dated 6th October, 2023, (“Notification") introduced amendments to the Legal Metrology (Packaged Commodities) Rules, 2011 (“Rules”) via ‘the Legal Metrology (Packaged Commodities) Amendment Rules, 2023 (“2023 Rules”).

The 2023 Rules amendments are effective from 1st January, 2024 onwards and are meant to ensure informed consumer experience through more accurate measurement and labeling of packaged goods in India.

Introduction of new Definitions:

The 2023 Rules has primarily inter alia  introduced new definitions for the following terms:

1. Combination package- A package intended for retail sale, containing two or more individual packages of dissimilar commodities e.g. a package containing spoons, knives, forks, cups and napkins, etc.
2. Group Package- A package intended for retail sale, containing two or more individual packages of similar (but not identical) commodities e.g. a package containing similar product of different brands, such as a package containing assorted biscuits.
3. Multi-piece package- A package containing two or more individual package of the same commodity of identical quantity, intended for retail sale, either in individual pieces or the package as a whole e.g. a package containing 5 toilet soap cakes of net 20g each and total net weight of 100

No Declaration of ‘Unit Sale Price’:

The 2023 Rules have further amended Rule 6(11) of the Rules, by stating that a declaration of unit sale price is not required for a combination package or a group package or a multi-piece package, under these Rules or under any other law for the time being in force.

Exclusion of Spare Parts from the purview of the Rules 6 (1) (d);

The notification states that spare parts and accessories used for servicing under warranty and not sold to the customer will be exempt from the declaration of the month and year of manufacture, with the introduction of the new provision. However, for electronic products, spare parts, and accessories, the month and year of manufacture must be clearly mentioned on the retail package. This change shall be given effect from the 1st April, 2024.

Size of the product in metric notation:

Additionally, it provides that the declaration concerning the size of the product can be made in terms of

a. cm or m, as the case may be; or

b. with internationally recognizable size indicators such as S, M, L, XL, XXL and XXXL along with details in metric notation in the terms of cm or m, as the case may be.

Loose commodities ordered through e-commerce channels:

Rule 26 (f) of the Rules is amended to include the following declarations:

For loose commodities brought through e-commerce websites:

1. name and address of manufacturer or marketer or brand owner or importer or seller with the country of origin or manufacture in the case of imported products;
2. consumer care email id and phone number;
3. retail sale price of the package inclusive of all taxes in the Indian currency; and
4. net quantity, in terms of the standard unit of weight or measure, or where the commodity is sold by number, the number of the commodity.

Special enforcement drives to check adulteration.

The FSSAI, through letter dated 30th October, 2023, titled F. No. RCD-02001/ 10/2021-Regulatory-FSSAI-Part(l) has directed the commissioner of food safety of all states and Union Territories, Central licensing authorities of FSSAI and all regional directors of the FSSAI to ensure strict compliance with food safety regulation and requirements in light of milk and milk-based products such as Ghee, Khoya, Paneer etc., during the festive season.

The FSSAI has directed that the issue be treated with utmost importance and on a priority basis. Further directions have been issued to conduct frequent surveillance/enforcement drives to prevent such malpractices and for Food Safety on Wheel, wherever available to be stationed in prominent markets based on specific intelligence input so as to ensure the products are safe to consume, and in compliance with the safety standards prescribed by the FSSAI, in the larger Interest of the public.

Clarification about the declaration of address of the brand owner :

FSSAI has issued a clarification regarding labeling of the address of the brand-owner on the labels of pre-packaged food items.

Under the Food Safety and Standards (Labelling and Display) Regulations, 2020, the regulatory mechanism which stipulates labelling provisions for declaration of address of the brand owner on the labels of pre-packaged food is mentioned in sub clause 5(6)(a) and sub-clause (8)(5) of the Rules.

Additionally, sub-clause (8)(5) of the regulations also states that if the address is provided in a barcode/global trade identification number, then the aforementioned labelling requirements may not be complied with, and they may not be re-declared through text or vice-versa, essentially mandating the declaration of address through either a Barcode/GTIN or Text.

The advisory is meant to clarify that if the name and complete address of the brand owner is declared through the text or barcode/GTN on the product label, it may not be provided for again in the form of text on the label again. The FSSAI has further directed the compliance officers to not issue notices to food business operators if the above regulatory provisions are complied with.

Directions to specify exact ingredients on label for fortified food products.

The FSSAI, vide order dated 30th October, 2023, has indicated how when food business operators label ingredients for fortified food products, both in retail and non-retail containers, they only specify the nutrient name such as iron, without specifying the salt added, for instance, Ferric Pyrophosphate or Sodium Iron (III) Ethylene diamine tetra Acetate Trihydrate (Sodium feredetate- Na Fe EDTA). Absence of such information is posing problems for the regulatory authorities as far as issues of surveillance, implementation and enforcement activities are concerned.

In line with the aforementioned objectives, the FSSAI has directed Food Business Operators to specify the exact ingredients in the list of ingredients on label/ or documents accompanying the label, in accordance with the FSS (Labelling and Display) Regulations, 2020.

Mandatory uploading of test reports.

Pursuant to the earlier communication dated 26th October 2023, the FSSAI has issued another order dated 31st October, 2023 mandating all the FSSAI notified laboratories to share the record of observations and upload the test report of the samples of Fortified Rice Kernel and Vitamin Premix on the Infolnet portal which is, the official FSSAI website.

This notification has been issued pursuant to regulation 9 of the Food Safety and Standards (Food Safety and Standards (Recognition and notification of laboratories) Regulations, 2017.

Additionally, all laboratories are required to submit monthly reports of the testing carried out by them of FRK(Fortified Rice Kernel)  samples and premix for FRK in the format as provided by the FSSAI.

No “Best Before date” declaration for loose Sweets:

The Regulatory compliance division of the FSSAI, has, vide notification dated 7th November, 2023, File No.RCD-01002/1 /2021-Regulatory-FSSAI, issued directions regarding the display of “best before date” on non-packaged, lose sweets, essentially seeking to regulate the quality of sweets in compliance with FSSAI regulations.

The Food Safety and Standards (Packaging and Labelling) Regulations, 2011 have now been superseded by the Food Safety and Standards (Labelling and Display) Regulations, 2020. It has been observed by the Regulatory compliance division that the directions issued under Section 16(5) of the FSS Act, 2006 dated 25th September, 2020 which mandated the declaration of best before date on containers/trays of non-packaged/loose sweets requires further deliberation by the concerned scientific panel, as far as the declaration of date markings on non-packaged/loose food products are concerned.

In view of the same, the directions issued on 25th September, 2020, stand withdrawn until the FSSAI makes a determination on this matter. However, Food Business Operators are now supposed to declare ‘Best Before Date’ on non-packaged/loose sweets on an optional/voluntary basis.

FSSAI Directions for monitoring the sale of fresh fruits & vegetables

The Regulatory Compliance Division of the FSSAI, has a direction dated 21st November 2023, to monitor the sale of fresh fruits & vegetables, for presence of pesticides, residues, non-permitted wax coating, non-permitted artificial ripener and artificial colours, in the market-reg.

In furtherance of this, the  FSSAI has directed that surveillance/enforcement drives be undertaken from time to time in a planned and organized manner to ensure that the fruits & vegetables sold in the respective officers’ jurisdiction comply with the Food Safety and Standards Act, 2006 or any rules or regulations made thereunder.

This direction has been issued in view of the excess use of pesticides, non-permitted artificial additives and colours, therefore strict vigil has been advised by the FSSAI, in order to curb the menace of unfair and unhealthy market practices.

Quality Assurance Division issues directions to all notified laboratories to test banned pesticides in Tea.

The FSSAI, through an order issued by its quality assurance division, has issued directions dated 29th November, 2023, File No.QA/3/2021/FSSAI-Part(3), to all FSSAI notified laboratories under Section 43(1) and 43(2) of FSS Act, 2006.

In exercise of the powers conferred to the FSSAI under the Food Safety and Standards Act 2006, FSSAI has notified the FSS (Contaminants, Toxins and Residues) regulations, 2011 in order to ascertain the safety of food products in India by regular testing carried out in bonafide laboratories.

Therefore, the FSSAI has directed all authorized laboratories to test the 20 banned pesticides in addition to all the pesticides specified for tea as per FSS (Contaminants, Toxins and Residues) Regulations, 2011.

Self-reactivation of auto rejected applications on FoSCoS portal:

The FSSAI vide notification dated 4th December, 2023, has decided to allow FBOs (Food Business Operators) to self-reactivate their auto rejected applications on the FoSCoS portal due to non-response to the queries regarding Licensing/Registration by the authorities within the specified time period.

However, the self-reactivation process is subject to the following conditions :-

1. The provision for self-activation will only be provided once for any filed application for new license/registration or modification of license/registration.
2. If the FBOs self-reactivate their application within 30 days of auto-rejection of their application, they will be allowed to re-activate without any intervention of the authority and fee.
3. If the FBOs self-reactivate their license during the period of 31st to 60th day post auto rejection, they will be allowed to do so without any intervention from the authority subject to payment of fee amounting to Rs. 50 + GST for Registration applications and Rs. 500 + GST for License Applications.

The notification does not apply to cases where grant of license has been rejected by designated officer pursuant to the provisions of the act, in these cases appeal shall lie to the commissioner of food safety.

Extension of time-period for compliance with provision regarding warning statement for ‘Pan Masala’.

The FSSAI had issued directions dated 22nd May, 2023, wherein it mandated that the warning statement in the packaging and display of pan-masala articles must cover 50% of front-of-pack of the label, the enforcement of the said provision was deferred multiple times, up to a period of three months, till 1st August, 2023.

However, owing to representation made by associations, federations and industry in this regard with a request to extend the time-period for compliance with the aforementioned note so as to utilize the packaging material inventory, the FSSAI has further deferred the enforcement of the said note vide its notification dated 7th December, 2023.

Pursuant to the notification, the said extension of 6 months shall begin from 1st November 2023. The concerned stakeholders now have a period of six (6) more months to comply with this requirement.

QR Code for Test Reports:

In continuation to the order bearing file no QA-11023/9/2022-RARD-FSSA-Part(1) (E-8226) dated 31st October, 2023, IEC-34011/1/2021-1EC-FSSAI-Part(6) dated 08h Nov, 2023 and QA-11023/9/2022-RARD-FSSAI (C No,-4935) dated 16h Nov 2023, wherein all FSSAI notified laboratories approved for testing of Fortified Rice (FR), Fortified Rice Kernel (FRK) and Vitamin Premix for Fortified Rice Kernel were directed to mandatorily upload the test reports of the samples of the said food articles on INFoLNET portal and FoSCoS portal, the FSSAI vide notification dated 13th December 2023, bearing reference No. F. No. QA-11023/9/2022-RARD-FSSAI (E-4935) has directed all notified laboratories to provide QR code on all test reports issued by them which can be scanned using QR scanning application available on mobile/any device to authenticate and reproduce the test report online.

Contributors to the newsletter:

• Sidhartha Srivastava, Partner
• Yasmeen Sabir, Principal Associate