FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA
New Delhi, the 21st August, 2020
F. No. REG-18/Menu Labelling/FSSAI-2018.—Whereas the draft of the Food Safety and Standards (Packaging and Labelling) Amendment Regulations, 2018, were published as required under 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 No. REG-18/Menu Labelling/FSSAI-2018, dated the 8th October, 2018, 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 thirty 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 15th October, 2018;
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 (k) of sub-section (2) of section 92 read with section 23 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 (Packaging and Labelling) Regulations, 2011, namely:-
1. (1) These regulations may be called the Food Safety and Standards (Packaging and Labelling) First Amendment Regulations, 2020.
(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 by 1st January, 2022. Compliance before this date shall be voluntary.
2. In the Food Safety and Standards (Packaging and Labelling) Regulations, 2011, in regulation 2.4, after sub-regulation 2.4.5, the following sub-regulation shall be inserted, namely:-
‘2.4.6: Display of information in food service establishments.- (1) Food Service Establishments having central license or outlets at ten or more locations shall mention the calorific value (in kcal per serving and serving size) against the food items displayed on the menu cards or boards or booklets and the reference information on calorie requirements shall also be displayed clearly and prominently as “An average active adult requires 2,000 kcal energy per day, however, calorie needs may vary”.
(2) Food Service Establishments shall also mention the information specified below against the food items displayed on the menu cards or boards or booklets namely:-
(a) information relating to allergens, if food consists of or are made of the following:
(i) Cereals containing gluten; i.e., wheat, rye, barley, oats, spelt or their hybridized strains and products of these;
(ii) Crustacean and their products;
(iii) Milk and milk products;
(iv) Eggs and egg products;
(v) Fish and fish products;
(vi) Groundnut tree nuts and their products;
(vii) Soybeans and their products;
(viii) Sulphite in concentrations of 10mg/kg or more:
Provided that the allergens may be depicted by easy to understand symbols;
(b) logo for vegetarian or non-vegetarian.
(3) The provisions of this regulation shall not be applicable to the following, namely:-
(a) event caterers and food service premises that operate for less than sixty days in a calendar year (consecutively or non-consecutively);
(b) self-serve condiments that are free of charge and not listed on the menu; and
(c) special-order items or modified meals and menu items as per request of the customer.
(4) Food Service Establishments shall also provide nutritional information as specified under clause (3) of subregulation 2.2.2, specific requirements specified under clauses (18), (25), (38), (46), (47) and (48) of subregulation 2.4.4, if applicable and information relating to organic food or ingredients, if claimed, for the food items sold by them to consumers upon request in the form of booklets or handouts or on their website:
Provided that deviation of twenty-five per cent. may be tolerated in case of nutritional information declaration.
(5) E-commerce Food Business Operators shall get the information referred to in clause (1), (2) and (4) from respective Food Business Operator and provide on their website wherever applicable.
(6) The Authority may specify other food service establishments also to comply with the requirements specified in these regulations from time to time.’
ARUN SINGHAL, Chief Executive Officer
Note: The principal regulations were published in the Gazette of India, Extraordinary, Part III, Section 4 vide notification number F. No. 2-15015/30/2010, dated the 1st August, 2011 and subsequently amended vide notification numbers:
(i) F. No. 4/15015/30/2011, dated the 7th June, 2013;
(ii) F.No. P 15014/1/2011-PFA/FSSAI, dated the 27th June, 2013;
(iii) F. No. 1-83L/Sci. Pan- Noti/FSSAI-2012, dated the 17th February, 2015;
(iv) No. 3-16/ Specified Foods/Notification(Food Labelling)/FSSAI-2014, dated 3rd May, 2016;
(v) F. No. 1(94)2015/Notification P&L/Enf/FSSAI, dated 25th May, 2016;
(vi) No. 3-14P/Notification(Nutraceuticals)/FSSAI-2013, dated 13th July, 2016;
(vii) F. No. 1-120(2)/Standards/Irradiation/FSSAI-2015, dated 23rd August, 2016; and
(viii) File No. REG/11/27/ BEVO-Labelling/FSSAI-2018, dated 24th December, 2018.