Food Safety Laws
Context:
Recently, the Uttar Pradesh government mandated that food establishments must prominently display the names of the operator, proprietor, manager, and other relevant personnel.
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- Himachal Pradesh minister Vikramaditya Singh also announced a similar requirement, stating that every eatery and fast food cart in the state would need to display the owner’s ID.
- On July 22, the Supreme Court stayed similar orders issued by police in Uttar Pradesh and Uttarakhand for the kanwar yatra, stating that while the “competent authority” under the Food Safety and Standards Act, 2006 (FSSA) could issue such directives, the police could not assume this authority.
Food Safety and Standards Authority of India (FSSAI)
It is a statutory body established under the Food Safety and Standards Act, 2006. It plays a crucial role in ensuring food safety and regulating food standards in India.
Key Functions of FSSAI: Regulation and Standards, Licensing and Registration, Surveillance and Monitoring, Consumer Awareness, Research and Development and Collaboration with Stakeholders
Regulatory Framework: Food Products Standards and Food Additives Regulations, 2011, Licensing and Registration Regulations, 2011, Prohibition and Restriction of Sales Regulations, 2011 and Contaminants, Toxins, and Residues Regulations, 2011 and Health Supplements and Nutraceuticals Regulations.
What must Food Establishments Display under the FSSA?
- Food establishments in India are required to either register or obtain a licence from the Food Safety and Standards Authority of India (FSSAI) to operate.
- This is regulated by the Food Safety and Standards (Licensing and Registration of Food Businesses) Rules, 2011.
- Small-scale food businesses, such as hawkers and vendors, must register with the FSSAI and display a registration certificate and photo identity card prominently on the premises or cart.
- Larger food operators are required to obtain a licence, which also must be prominently displayed.
- Failure to obtain the required licence or registration can result in penalties, including imprisonment for up to six months and fines of up to ₹5 lakh under Section 63 of the FSSA.
Can States Mandate Additional Display Requirements?
- Under Section 94(1) of the FSSA, state governments may make rules with prior approval from the Food Authority to carry out their duties under the Act.
- Section 94(2) outlines specific areas where states can create rules, such as the functions of the Commissioner of Food Safety.
- Section 94(2)(c) allows states to make rules on other matters that require regulation.
- However, these rules must be presented to the state legislature for approval.
- The UP government’s statement on September 24 suggested that amendments to the FSSA should be made to ensure compliance with its latest directives.
Consequences for Violating FSSA Provisions
- If a food business violates any provision of the FSSA, the food authority can issue an ‘Improvement Notice’, detailing the grounds for non-compliance, corrective measures, and a compliance timeline.
- Continued non-compliance can result in suspension or cancellation of the business’s licence.
- The penalty for contraventions not specifically covered by the Act can extend to ₹2 lakh, with higher fines for repeat offences and possible licence revocation.
- The recent UP directives did not specify penalties for non-compliance, but under Section 58, a general penalty of up to ₹2 lakh may apply.
Can State Directives Be Challenged in Court?
- Earlier orders from UP and Uttarakhand police were challenged in the Supreme Court on grounds of discrimination, arguing that they violated Article 15(1) of the Constitution by forcing individuals to reveal their religious and caste identities.
- Petitioners also claimed the orders could lead to economic boycotts of Muslim minorities, violating their right to practise any profession under Article 19(1)(g), and supporting untouchability, prohibited by Article 17.