Analysis of Food Safety and Standards (Labelling and Display) First Amendment Regulations, 2021

CS Tanveer Singh Saluja 16 Sep 2021 1,368 Views 0 comment Print Corporate Law | Articles

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Food Safety and Standards (Labelling and Display) First Amendment Regulations, 2021

*FSSAI

F. No. Std/SP-08/A-1.2019/N-02. Dtd. 10^th September, 2021

The FSSAI has notified a new set of Regulations to amend the existing Food Safety and Standards (Labelling and Display) Regulations, 2020. These amendments are set to come into force w.e.f. the date of its publication in the Official Gazette i.e., 15^th September, 2021, and the Food Business Operators (FBOs) shall comply with all the provisions of these regulations by 17^th November, 2021.

Top view of notebook with fssai lobo on vegetables and fruits on wooden table

Now, let’s have a look at the Amendments:

Sr. No.

Regulation

Comments

Insertion: Regulation 7(1) proviso

Provided that in case of food package having surface area upto 30cm² containing caloric or non-caloric sweetener or mixture thereof, the size of numerals and letters for the declarations or specific requirements specified in Schedule -II shall not be less than 1mm based on the letter l.

By this amendment, the food authority has provided for smaller size of numerals and letters i.e., not be less than 1mm in case of food package having surface area upto 30cm² containing caloric or non-caloric sweetener or mixture thereof.

Before this amendment, the minimum prescribed size was 3mm for all cases.

Insertion: Schedule II clause 1(1) after S. No. 4

[(1) Every package of food containing the following ingredients/additives shall bear the following declarations on the label in a rectangular box, namely]

Sl. No.	Ingredients /additives	Declarations
5	10 per cent. or more Sorbitol and Sorbitol syrup.	May have laxative effect, cause bloating and diarrhea in children; and reduce calcium absorption in postmenopausal Women.

In addition to the existing 4 points, a new point no. 5 is added.

Substitution: Schedule II clause 1(3) S. No. 3

[(3) Every package containing the following articles of food and advertisement relating thereto shall carry the warning and/or declaration, in a rectangular box, namely]

Sl. No.

Articles of food

Declarations

Aspartame (Methyl ester), Acesulfame

Potassium, Aspartame Acesulfame salt, Sucralose, SACCHARINS,

Neotame, Steviol Glycoside and Polyols marketed as “Table Top Sweetener.

(i) Contains……….. (Name of sweetener with purity and weight percent of marker compound)

(ii) Not recommended for phenylketonurics; for children suffering from seizure disorders;

pregnant and lactating mothers (in case of

Aspartame (Methyl ester))

(iii) Not recommended for children; regnant and lactating mothers (in case of Acesulfame Potassium)

(iv) Not recommended for phenylketonurics; for children; pregnant and lactating mothers (in case off Aspartame-Acesulfame salt)

(v) Not recommended for children” (in case of SACCHARINS)

(vi) Polyols may have laxative effect (in case of Polyols)

(vii) May have laxative effect, cause bloating and diarrhea in children; and reduce calcium absorption in post-menopausal women (in case of Sorbitol and Sorbitol syrup).

In the existing provisions, the declaration was limited to,

“(I) CONTAINS……… (NAME OF ARTIFICIAL SWEETENER)

(II) NOT RECOMMENDED FOR CHILDREN”

which is now altered and made stricter. Even there’s addition in the list of “Articles of food”.

Omission: Schedule II clause 1(3) S. No. 4

Sl. No.	Articles of food	Declarations
4	Aspartame (Methyl ester), marketed as “Table Top Sweetener”	“NOT FOR PHENYLKETONURICS”

–

Substitution: Schedule II clause 1(4) S. No. 1,2,3

[(4) Every package of food containing the following ingredients/additives and advertisement relating thereto shall carry the following warning and declaration, in a rectangular box, namely]

Sl. No.	Ingredients/additives	Declarations
1	Sweeteners mentioned under Appendix A of Food Safety and standards (Food Products standards and Food Additive) Regulations, 2011	(i) This contains………. (name of the sweetener). (ii) Not recommended for pheny-lketonurics; for children suffering from seizure disorders; pregnant and lactating mothers (if Aspartame is added) (iii) Not recommended for children; pregnant and lactating mothers” (if Acesulfame potassium is added) (iv) Not recommended for phenylketonurics; for children; pregnant and lactating mothers (if Aspartame-Acesulfame salt is added) (v) Not recommended for children (if SACCHARINS is added)
2	Mixture of Sweeteners mentioned under Appendix A of Food Safety and Standards (Food Products Standards and Food Additive) Regulation, 2011.	This ……………..…… (name of food) contains an admixture of ……… (name of the sweeteners). Provided that in addition to the above declaration every package of food containing mixture of sweeteners shall declare the labelling requirement prescribed under these regulations for the individual sweeteners present in the mixture; Note: In case of food package having surface area upto 100cm2 , the size of numerals & letters for such declarations shall not be less than 1.5 mm.
3	Every package of food which is permitted to contain non-caloric sweetener mentioned in Food Safety and Standards (Food Products standards and Food Additive) Regulations, 2011	CONTAIN NON-CALORIC SWEETENER

–

Insertion: Schedule II clause 2(2.1) after item (2)

[2.1 Labelling of edible oils and fats]

2A. In case rice bran oil which is physically refined is used as one of the ingredients in Vanaspati, it shall be declared in the ingredient list on the label as ‘Physically Refined Rice Bran Oil’.

Substitution: Schedule II clause 2(2.1) item (4)

[2.1 Labelling of edible oils and fats]

Every package containing an admixture of edible oils shall carry the following label declaration in bold capital letter immediately below its brand name or trade name on the front of pack, namely:

“MULTI-SOURCE EDIBLE OIL”

(Name and nature* of edible oil) ………………………per cent. by weight

(*i.e. in raw or refined form)

For pack size less than one litre, the font size of the label declaration “MULTI-SOURCE EDIBLE OIL”, shall not be less than 3 mm with the length of declaration statement as 35 mm minimum and for label declaration “Name and Nature of edible oil……per cent. by weight”, font size shall not be less than 2 mm.

For pack size one litre to below 5 litre, the font size of the label declaration “MULTI-SOURCE EDIBLE OIL” shall not be less than 4 mm with the length of declaration statement as 45 mm minimum and for label

declaration “Name and Nature of edible oil……per cent. by weight” font size shall not be less than 2.5 mm.

For pack size five litre and above, the font size of the label declaration “MULTI-SOURCE EDIBLE OIL” shall not be less than 10 mm and for label declaration “Name and Nature of edible oil……per cent. by weight” font size shall not be less than 3 mm.

There shall also be the following declaration in bold capital letters along with the name of product on front of pack,-

NOT TO BE SOLD LOOSE

The food authority has provided that the label declaration shall be in bold capital letters.

Further, there are changes in the size of label declarations.

Disclaimer: The author is based in Jabalpur and is a Practicing Company Secretary dealing in Corporate, Legal & Taxation services. The information contained in this write up, as provided by the author, is to provide a general guidance to the intended user. The information should not be used as a substitute for specific consultations. Author recommends that professional advice is sought before taking any action on specific issues.

The author can also be reached at [email protected].

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