FSSAI has notified a new set of Regulations vide Notification No. F. No. Stds./Organic/Notification-01/FSSAI-2019 Dated: 14th October, 2021 to amend the existing Food Safety and Standards (Organic Foods) Regulation, 2017. The said Regulations shall come into force on the date of their publication in the Official Gazette and food business operator shall comply with all the provisions of these Regulations w.e.f. 1st May, 2022.

Sr. No. Regulation Comments
1 Insertion: Regulation 4(3) [Applicability of the systems]

(3) Aggregators or Intermediaries who collect organic food from small original producer or producer organization and sell it to the end consumer directly, are exempted from the provisions of the systems referred in sub-regulation (1) and they shall maintain records of traceability and comply with any of the provisions of the systems mentioned in sub-regulation (1) and organic food shall not carry Food Safety and Standard Authority of India’s organic logo.

By this amendment, the food authority has provided for exemption to Aggregators or Intermediaries who collect organic food from small original producer or producer organization and sell it to the end consumer directly, from complying with provisions of the following systems:

(i) National Programme for Organic Production (NPOP);

(ii) Participatory Guarantee System for India (PGS-India);

(iii) Any other system or standards as may be notified by the Food Authority from time to time.

Aggregators or Intermediaries shall also comply with certain conditions.

2 Insertion: Regulation 5(3) [Labelling]

(3) In-conversion products under PGS-India may be labelled as ‘PGS-Green’ and may also be labelled as ‘In-conversion to organic’ and the conversion products under NPOP may be labelled as ‘In-conversion to organic’ and shall mention the year of conversion and such in-conversion products shall not carry Food Safety and Standard Authority of India’s organic logo.

In-conversion products under Participatory Guarantee System for India (PGS-India) may be labelled as ‘PGS-Green’ or ‘In-conversion to organic’ and conversion products under National Programme for Organic Production (NPOP) may be labelled as ‘In-conversion to organic’.

Food Safety and Standards (Organic Foods) First Amendment Regulations, 2021

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FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA

NOTIFICATION

New Delhi, the 14th October, 2021

F. No. Stds./Organic/Notification-01/FSSAI-2019.—Whereas the draft of the Food Safety and Standards (Organic Foods) Amendment Regulations, 2020, 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 vide File No. Stds/Organic/Notification-01/FSSAI-2019, dated the 27th August, 2020, 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 the copies of the said Gazette were made available to the public on the 3rd September, 2020;

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 read with sub-section (3) of section 22 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 (Organic Foods) Regulations, 2017, namely: –

Regulations

1. (1) These regulations may be called the Food Safety and Standards (Organic Foods) First Amendment Regulations, 2021.

(2) They shall come into force on the date of their publication in the Official Gazette and food business operator shall comply with all the provisions of these regulations with effect from 1st May, 2022.

2. In the Food Safety and Standards (Organic Foods) Regulation, 2017, –

(i) in regulation 4, after sub-regulation (2), the following sub-regulation shall be inserted, namely:-

“(3) Aggregators or Intermediaries who collect organic food from small original producer or producer organization and sell it to the end consumer directly, are exempted from the provisions of the systems referred in subregulation (1) and they shall maintain records of traceability and comply with any of the provisions of the systems mentioned in sub-regulation (1) and organic food shall not carry Food Safety and Standard Authority of India’s organic logo.”

(ii) in regulation 5, after sub-regulation (2), the following sub-regulation shall be inserted, namely:-

“(3) In-conversion products under PGS-India may be labelled as ‘PGS-Green’ and may also be labelled as “In-conversion to organic” and the conversion products under NPOP may be labelled as “In-conversion to organic” and shall mention the year of conversion and such in-conversion products shall not carry Food Safety and Standard Authority of India’s organic logo.”

ARUN SINGHAL, Chief Executive Officer
[ADVT.-III/4/Exty./336/2021-22]

Note: The principal regulations were published in the Gazette of India, Extraordinary, Part III, Section 4, vide notification number F. No. CPB/03/Standards/FSSAI/2016, dated the 29th December, 2017.

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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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