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The Food Safety and Standards Authority of India (FSSAI) has recently announced a pivotal amendment to the Alcoholic Beverages Regulations. Before understanding the nuances of the recent amendment, it’s crucial to grasp the historical precedent. The draft of this amendment was first published in the Gazette of India on 17th May 2022, as necessitated by section 92 of the Food Safety and Standards Act, 2006. Following a 60-day window for public suggestions and objections post the release, the FSSAI has now come forward with the final amendment, post their consideration.

The Crux of the Amendment

The amendment to the Food Safety and Standards (Alcoholic Beverages) Regulations will officially come into effect on 1st March 2024. Here are the key takeaways:

Malt or Grain Whisky Revisions:

  • Single Malt Whisky: It is now defined as a distillate that uses only malted barley for fermentation. Additionally, it must be distilled in pot stills and produced exclusively within a single distillery.
  • Single Grain Whisky: This category includes distillates from malted or unmalted grains, again produced in a single distillery. It explicitly excludes single malt whiskies, blended malt whisky, and blended grain whisky.

Labeling Norms Update:

  • Alcoholic beverages will now refrain from showcasing any nutritional information on their labels. The sole exception permitted is the declaration of energy content in kcal, which remains a voluntary declaration for producers.

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FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

NOTIFICATION

New Delhi, the 21st August, 2023

F. No. STD/SP-21/T(Alcohol-4).Whereas the draft of the Food Safety and Standards (Alcoholic Beverages) Amendment Regulations, 2022 were published as required by sub-section (1) of section 92 of the Food Safety and Standards Act, 2006 (34 of 2006), vide notification of the Food Safety and Standards Authority of India number, F. No. Std/SP-21/T(Alcohol-4), dated the 17th May, 2022, in the Gazette of India, Extraordinary, Part III, Section 4, inviting objections and suggestions from the persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which the copies of the Official Gazette containing the said notification were made available to the public;

And whereas copies of the said Gazette were made available to the public on the 20th May, 2022;

And whereas the objections and suggestions received from the public in respect of the said draft regulations have been considered by the Food Safety and Standards Authority of India;

Now, therefore, in exercise of the powers conferred by clause (v) of sub-section (2) of section 92 of the said Act, the Food Safety and Standards Authority of India hereby makes the following regulations further to amend the Food Safety and Standards (Alcoholic Beverages) Regulations, 2018, namely: –

1. These regulations may be called the Food Safety and Standards (Alcoholic Beverages) First Amendment Regulations, 2023.

2. They shall come into force on 01 st March 2024.

3. In the Food Safety and Standards (Alcoholic Beverages) Regulations, 2018, –

(1) In Part 2, in regulation 2.8, in sub-regulation 2.8.1 related to Malt or grain whisky, for clause (i) the following shall be substituted, namely, –

“(i) Single malt whisky is a distillate obtained from fermented mash that uses malted barley without adding any other grain, which is distilled in pot still only and produced in a single distillery.

(ia) Single grain whisky is a distillate obtained from a fermented mash that uses malted or unmalted grain, and produced in a single distillery. Single grain whisky shall not include single malt whisky and blended malt whisky or blended grain whisky”.

(2) In Part 5, for the regulation 5.5 the following shall be substituted, namely, –

“5.5 Alcoholic beverage shall not contain any nutritional information on the label except energy content in kcal. Such declaration related to energy content shall be voluntary”.

G. KAMALA VARDHANA RAO, Chief Executive Officer

[ADVT.-III/4/Exty./368/2023-24]

Note. – The principal regulations were published in the Gazette of India, Extraordinary, Part III, Section 4 vide notification number F. No. 2/SA-24/2009(1)/FSSAI, dated the 19th March, 2018 and subsequently amended vide notification numbers:

1. F. No. Stds/SP (water and Beverages)/Notification(1)/FSSAI-2019, dated the 18th December, 2020; and

2. F. No. Std/SP-21/T(Alcohol-5), dated the 10th June, 2022.

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