Relevant Information on The Food Safety & Standards Act, 2006 and Regulations, 2011 Compiled at: Central Laboratory (Food) The Kolkata Municipal Corporation
CONTENTS Sl No. Particulars Page No. 1 Special Responsibilities as to Food Safety 2 2 Food Items and their Adulterants 3 3 Some Adulterants and their effects 4 4 Use of Food Additives 5 5 Penalty for Offences/Contraventions 9
SPECIAL RESPONSIBILITIES AS TO FOOD SAFETY 1. Responsibilities of the food business operator (a) Every food business operator shall ensure that the articles of food satisfy the requirements of this Act and the rules and regulations. (b)no food business operator shall himself or by any person on his behalf manufacture, store, sell or distribute any article of food (i) which is unsafe; or (ii) which is misbranded or sub-standard or contains extraneous matter; or (iii) for which license is required, except in accordance with the conditions of the license; or (iv) which is for the time being prohibited by the Food Authority or the Central Government or the State Government in the interest of public health; 2. General provisions relating to offences A person may render any article of food injurious to health by (a) adding any article or substance to the food; (b) using any article or substance as an ingredient in the preparation of the food; (c) abstracting any constituents from the food; 2
FOOD ITEMS AND THEIR ADULTERANTS SERIAL ADULTERANTS FOOD ITEM NO. 1 Milk Water, Starch, Urea, Formalin, Detergent 2 Mustard oil & other edible oils Argemone oil, Mineral oil 3 Cereals Dust, Pebble, stone, straw, weed, seeds, damaged grain, weevilled grain, insects, rodent hairs & excreta 4 Dal whole & split Khesari dal, Synthetic Colour Specially Metanil 5 Whole Spices Yellow Metanil Yellow, dirt, dust, straw, insects, damaged seeds, other seeds, rodent hairs & excreta 6 Tea Leaves Exhausted tea, Iron fillings 7 Sugar Chalk Powder 8 Sweetmeats Metanil Yellow, Al foil instead of Ag 9 Ghee Vanaspati, Margarine, Coal tar dye 10 Butter Vanaspati, Margarine 11 Wheat Flour Chalk Powder 12 Rabdi Pieces of Blotting Paper 13 Atta, Maida, Sand, soil, insects, webs, lumps, Suji (Rawa) rodent hairs & excreta 14 Sago Sand, talcum 15 Besan Metanil Yellow, Khesari flour 16 Sweet Curd Vanaspati 17 Paneer or Chhana Starch 18 Black pepper Papaya seeds, Mineral oil 19 Mustard Seed Argemone Seeds 20 Turmeric Powder Coloured chalk powder, Metanil Yellow, Lead chromate 21 Turmeric whole Metanil Yellow, Lead Chromate 22 Chillies Powder Brick powder, salt powder 23 Cumin seeds Grass seeds coloured with charcoal dust 24 Green chilli & green vegetables Malachite Green 25 Parched rice Urea 26 Vinegar Mineral Acid 27 Coffee Crushed Tamarind seeds 28 Proprietary Food (Prepared food like Biriyani, Chilly Chicken etc.) Synthetic Colour Specially Metanil Yellow 3
SOME ADULTERANTS AND THEIR EFFECTS SERIAL NO ADULTERANT FOOD EFFECT 1. Any Synthetic Colour a) Prepared food like Biriyani b) Spices c) Pulses d) Besan e) vegetables Adverse effect if used in these food items 2. Metanil Yellow (Unpermitted Synthetic Colour ) a) Ice- creams b) Confectionary c) Sweetmeats Cancer 3. Khesari a) Dal whole & split b) Besan Lathyrism 4. Argemone oil Edible oils & fats Glaucoma, Cardiac arrest. 5. Mineral oil a) Edible oils & fats b) Black pepper Cancer 6. Mineral acid Vinegar Stomach ulcer 7. Urea a) Parched Rice b) Milk Nausea, vomiting, weakness, muscle cramp. 8. Chalk Powder a) Sugar b) Flour Stomach disorder 9. Starch a) Milk b) Paneer Stomach disorder, less nutritive value 10. Brick Powder Spices specially red chilli powder Stomach problems 10. Lead a) Water b) Natural and processed food Lead poisoning 11. Lead chromate 12. Sand, marble, chips, stones, filth 13. Arsenic 14. Mercury a) Turmeric whole and powdered b) Mixed spices a) Food grains b) Pulses a) Fruits such as apples sprayed over with Lead arsenate a) Mercury fungicide treated seed grains b) Mercury contaminated fish Anemia, abortion, paralysis, brain damage. Damages digestive tract Dizziness, chills, cramps, paralysis, death. Brain damage, paralysis, death 4
USE OF FOOD ADDITIVES [Regulation No 3.1 of The Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011] I. COLOURING MATTER [Regulations No 3.1.2 of The Food Safety and Standards (Food Products Standards and Food Additives) Regulations 2011] Natural Colouring Matter which may be used in food products: a) Carotene b) Chlorophyll c) Riboflavin d) Caramel e) Annatto f) Saffron g) Curucumin or turmeric Addition of inorganic colouring matters and pigments prohibited. Only the following synthetic colours or a mixture of them can be used in a concentration not exceeding 100 ppm of the final product SERIAL NO COMMON NAME COLOUR 1. Ponceau 4R Red 2. Carmoisine Red 3. Erythrosine Red 4. Tartrazine Yellow 5. Sunset Yellow FCF Yellow 6. Indigo Carmine Blue 7. Brilliant Blue FCF Blue 8. Fast Green FCF Green N.B: ANY SYNTHETIC COLOUR OTHER THAN THOSE MENTIONED ABOVE IS NOT TO BE ADDED TO ANY ARTICLE OF FOOD OTHER THAN THOSE MENTIONED BELOW. 5
LIST OF FOOD ITEMS WHERE USE OF PERMITTED SYNTHETIC FOOD COLOURS IS NOT PROHIBITED Addition of colouring matter to any article of food except as specifically written below is prohibited. (1) Ice cream, milk lollies, frozen desserts, flavoured milk, yoghurt, ice-cream mix powder. (2) Biscuits including biscuit wafer, pastries, cakes, confectionery, thread candies, sweets, savouries (dalmoth, mongia, phuluab, sago papad, dal bhaji only); (3) Peas, strawberries and cherries in hermetically sealed containers, pre- served or processed papaya, canned tomato juice, fruit syrup, fruit squash, fruit crushes, fruit cordial, jellies, jam, marmalade, candied crystallized or glazed fruits; (4) Non- alcoholic carbonated and non- carbonated ready to serve synthetic beverages including synthetic syrups, sharbats, fruit bar, fruit beverages, fruit drinks and synthetic soft- drinks concentrates; (5) Custard powder; (6) Jelly crystal and ice-candy; (7) Flavour emulsion and flavour paste for use in carbonated or non- carbonated beverages only under label declarations; II. FLAVOUR ENHANCERS [Regulation No 3.1.11 of The Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011] Monosodium Glutamate (MSG) may be added to food subjected to GMP level and under proper declaration. It shall not be added to food for use by infant below 12 months and in the following list of food. LIST OF FOODS WHERE MONOSODIUM GLUTAMATE IS NOT ALLOWED 1. Milk and Milk Products including Buttermilk 2. Fermented and renneted milk products (plain) excluding dairy based drink. 3. Fats and Oils, Food grains, Pulses, Oil seeds and grounded/ powdered food grains. 4. Butter and concentrated butter. 5. Fresh fruit 6. Pasteurized cream. 7. Peeled or cut fruit. 8. Fresh vegetables, Surface treated fruit, Peeled or cut fruits. 9. Frozen vegetables. 10. Flours of cereals, pulses and starches. 11. Pastas and noodles (only dried products) 12. Fresh meat, poultry and game, whole pieces or cuts or comminuted. 6
13. Fresh fish and fish products, including mollusks, crustaceans and echinoderms. 14. Processed fish and fish products, including mollusks, crustaceans and echinoderms. 15. Fresh eggs, Liquid egg products, Frozen egg products. 16. White and semi- white sugar (sucrose and saccharose, fructose, glucose (dextrose), xylose, sugar solutions and syrups, also (partially) inverted sugars, including molasses, treacle and sugar toppings. 17. Other sugars and syrups (e.g. brown sugar and maple syrup) 18. Honey. 19. Salt. 20. Herbs, spices and condiments, seasoning (including salt substitutes) except seasoning for Noodles and Pastas, meat tenderizers, onion salt, garlic salt, oriental seasoning mix, Yeast, fermented soybean paste. 21. Infant food and Infant milk substitute including infant formulae and follow- on formulae. 22. Margarine. 23. Fat Spread. 24. Natural Minerals Water and Packaged Drinking Water. 25. Coffee and coffee substitutes, tea, herbal infusions, and other cereal beverages excluding cocoa. 26. Wines. 27. Foods for young children (weaning foods) 28. Carbonated Water. 29. Baking Powder. 30. Arrowroot. 31. Sago. 32. Plantation Sugar, Jaggery and Bura. 33. Ice cream and Frozen desserts. 34. Bread. 35. Pan Masala. 36. Confectionary. 37. Chocolate. 38. Alcoholic Beverages. 39. Vinegar. 40. Sterilized, UHT, whipping or whipped and reduced fat creams. 41. Surface treated fruit. 42. Whole, broken or flaked grains, including rice. 43. Concentrates (liquid and solid) for fruit juices. 44. Canned or bottled (pasteurized) fruit nectar. 45. Fruits and Vegetables products except those where Monosodium Glutamate is permitted under Appendix A of these Regulations. 46. Cocoa Butter. 47. Saccharine. 48. Malted Milk Food and Milk based foods. 7
III. ARTIFICIAL SWEETENERS [Regulation No 3.1.3 of The Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011] THE LIST OF ARTIFICIAL SWEETENERS & THE FOOD ITEMS TO WHICH THEY MAY BE ADDED IS GIVEN IN THE TABLE BELOW SL NO 1. 2. 3. NAME OF ARTIFICIAL SWEETENER Saccharin Sodium Aspartame (methyl ester) Acesulfame Potassium 4. Sucralose ARTICLE OF FOOD TO WHICH IT MAY BE ADDED Carbonated water, soft drink concentrate, supari, pan Masala, pan flavouring material, synthetic syrup for dispenser, sweets ( carbohydrates based and milk products based) : halwa, mysore pak, boondi ladoo, jalebi, khoya burfi, peda, gulab jamun, rasogolla and similar milk product based sweets sold by any name, chocolate (white, milk, plain, composite and filled), sugar based/ sugar free confectionery, chewing gum/ bubble gum. Carbonated water, soft drink concentrate, biscuits, bread, cakes and pastries, sweets (carbohydrates based and milk products based) : halwa, mysore pak, boondi ladoo, jalebi, khoya burfi, peda, gulab jamun, rasogolla and similar milk product based sweets sold by any name, jam, jellies, marmalades, chocolate (white, milk, plain, composite and filled), sugar based/ sugar free confectionery, chewing gum/ bubble gum, synthetic syrup for dispenser, custard powder mix, vegetarian jelly crystals, fruit nectar, vegetable nectar, ice cream, frozen dessert and pudding, flavoured milk, ready to serve tea and coffee beverages, yoghurt, ready to eat cereals, non- carbonated water based beverages (non-alcoholic). Carbonated water, soft drink concentrate, biscuits, bread, cakes and pastries, sweets (carbohydrates based and milk products based) : halwa, mysore pak, boondi ladoo, jalebi, khoya burfi, peda, gulab jamun, rasogolla and similar milk product based sweets sold by any name, chocolate (white, milk, plain, composite and filled), sugar based/ sugar free confectionery, chewing gum/ bubble gum, synthetic syrup for dispenser, ready to serve tea and coffee based beverages, ice lollies/ ice candy, fruit nectars, concentrate for fruit nectars, cereal based beverages, Non- Carbonated water based beverages (Non-alcoholic). Carbonated water, soft drink concentrate, biscuits, bread, cakes and pastries, sweets (carbohydrates based and milk products based) : halwa, mysore pak, boondi ladoo, jalebi, khoya burfi, peda, gulab jamun, rasogolla and similar milk product based sweets sold by any name, yoghurts, sweetened butter milk, ice cream, jam, jellies and marmalades, frozen fruit, chutney, confectionary, chewing gum, cookies, doughnuts, scones, muffins, cake mixes, ready to serve tea and coffee based beverages, ice lollies, ice candy, vegetable juice, vegetable nectar, concentrates for vegetable juice, concentrate for vegetable nectar, lozenges, non- carbonated water based beverages (non-alcoholics), jelly crystals, custard powder, ready to eat custard dessert, chocolate, dried ice cream mixes, frozen dessert, milk lollies and milk ices. 5. Neotame Carbonated water, soft drink concentrate. 8
PENALTY FOR OFFENCES / CONTRAVENTIONS [Sections 55-63 of The Food Safety and Standards Act, 2006] SERIAL NO SECTION NO 1. 50 OFFENCE/ CONTRAVENTION Selling food not of the nature or substance or quality demanded. For Tiny Food Business Operators FINE IN Rs. (not exceeding/ may extend to) 500000.00 PENALTY IMPRISONMENT (not exceeding/ may extend to) 25000.00 2. 51 Selling sub-standard food 500000.00 3. 52 Selling misbranded food 300000.00 4. 53 Misleading advertisement 1000000.00 5. 54 6. 55 7. 56 8. 57 9. 58 Food containing extraneous matter. Failure to comply with the directions of Food Safety Officer Unhygienic or unsanitary processing or manufacturing of food Possessing adulterant (i) where such adulterant is not injurious to health. (ii) where such adulterant is injurious to health Contraventions for which no specific penalty is provided 100000.00 200000.00 100000.00 200000.00 1000000.00 200000.00 10. 59 Unsafe food 6 months 100000.00 (i) not resulting in injury 1 year 300000.00 (ii) resulting in a non grievous 6 years 500000.00 injury Not less than 7 1000000.00 (iii) resulting in a grievous injury years; may (iv) resulting in death extend to life. 11. 60 Interfering with seized items 200000.00 6 months 12. 61 Giving false information 200000.00 3 months 13. 62 Obstructing or impersonating or 3 months 100000.00 FSO 14. 63 Carrying out a business without 6 months 500000.00 license 9