FSSAI issues direction concerning the assignment of food product category 18 for registration/licensing of FBOs manufacturing Indian sweets and snacks

The Food Safety and Standards Authority of India has undergone numerous representations from industry associations concerning hardships being faced by several small and medium scale manufacturers/packers of Indian sweets and snacks and savouries products due to the unavailability of standards of these products under Food Safety and Standard Regulations.

As a result, such business operators are obliged to obtain a Central license under the proprietary food products which are not only expensive but also necessitate excessive compliances for the said category.

The Food Safety and Standards Authority of India on 19th July 2021, has determined to designate the Food Product category 18 in the food safety compliance system (FoSCoS) under the General Manufacturing kind of business, in order to expedite out the licensing/registration of small and medium food businesses manufacturing sweets and snacks & savouries.

The sweet and snack products including milk-based sweets, cereal or pulses flour-based sweets, dry fruit and nut-based sweets, and ready to eat and ready to cook products shall be entitled to registration/licensing as per the eligibility criteria as given in the Food Safety and Standards (Licensing and Registration of Food Businesses) regulation 2011.

Any FBO who is manufacturing any Indian sweets and snacks & Savouries which is already licensed under the proprietary food need not get their license modified under these new categories.

Further, the FBO such as caterers, restaurants & other food services which serve/sell fresh unpacked sweets/snacks & savouries at their premises shall obtain registration/license as per the existing food category as per their eligibility.

Text of relevant FSSAI Order is as follows:-

File No.1(13)/Indian Snacks and Sweets/Codex/FSSAI-2021
Food Safety and Standards Authority of India
(A Statutory Authority established under the Food Safety & Standards Act, 2006)
(Regulatory Compliance Division)
FDA Bhawan, Kotla Road, New Delhi-110 002
Food Safety Compliance System (https://foscos.fssai.gov.in)

Dated, the 19th July, 2021

ORDER

Subject: Direction under Section 16 (5) of Food Safety and Standards Act, 2006 regarding Food Category for Registration/Licensing of FBOs manufacturing Indian Sweets and Snacks & Savouries – reg.

FSSAI is in receipt of several representations from Industry Associations regarding difficulties being faced by the various small and medium scale manufacturers/packers of Indian Sweets and Snacks & Savouries products due to unavailability of standards of these products under Food Safety and Standards Regulations. As a result, such small and medium food business operators are required to obtain the central license under the proprietary food products which is not only costly but also entails onerous compliances for the said category.

2. In order to ease out the licensing/registration for such small and medium food businesses

manufacturing Sweets and Snacks & Savouries, it has been decided to assign the Food Product Category 18 in the Food Safety Compliance System (FoSCoS) under ‘General Manufacturing’ Kind of Business. This will enable such FBOs involved in manufacturing of Indian Sweets and Snacks & Savouries to apply for registration, State License or Central License, as per the eligibility criteria based on their production capacity and turnover. Detailed categorization of Food Product Category 18 is as below:

18: Indian Sweets and Indian Snacks & Savouries Products

18.1 Indian Sweets

18.1.1 Milk based Sweets

18.1.1.1 Khoa based Sweets

18.1.1.2 Chhana based Sweets

18.1.1.3 Fermented milk products based Indian Sweets

18.1.1.4 Other composite milk products based Indian Sweets

18.1.2 Cereal or pulses flour/starch based Sweets

18.1.2.1 Cereal based Sweets

18.1.2.2 Pulses based Sweets

18.1.2.3 Starch based Sweets

18.1.3 Dry Fruit and nuts based Sweets

18.1.4 Indian Confections

18.1.5 Fruit and Vegetables based Sweets

18.2 Indian snacks & savouries products

18.2.1 Cereal or pulses flour/ Starch based snacks & savouries

18.2.2 Fruit and vegetable based snacks & savouries

18.2.3 Dry fruits and nuts based snacks & savouries

18.2.4 Ready to eat and Ready to cook products

Note: Detailed descriptors of these categories are given at Annexure I

3. It is clarified that the above mentioned Food Product Category 18 shall not be applicable to those products whose standards have already been defined by FSSAI and mapped in Food Safety Compliance System under Food Products Category 01-14 for Licensing and Registration purpose.

4. Further, while applying FSSAI registration/license for the above food category/products, FBOs shall take note of the following:

a) The food product categories mentioned at para 2 above, shall be allowed for registration/licensing as per the eligibility criteria as given in the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.

b) The food products under sub categories under 18.1 Indian Sweets shall be allowed to use the additives of applicable categories as specified in Table 1 of Annexure II and the food products under sub categories under 18.2 Indian Snacks & Savouries Products shall be allowed to use the additives of applicable categories as specified in Table 2 of Annexure II. With regard to the GMP table, all additives allowed at GMP may also be allowed in products covered under these categories.

c) Any FBO who is manufacturing any Indian Sweets and Snacks & Savouries which is already licensed under proprietary food need not to get their license modified to license under these new categories.

d) Further any FBO, whose product does not fall under FPC 18 Indian Sweets and Indian Snacks & Savouries, shall be licensed under proprietary foods as per the pre-existing categories.

e) The other FBOs such as caterers, restaurants & other food services which serve/sell fresh unpackaged Sweets/Snacks & Savouries at their premises shall obtain registration / license as per the existing food categories as per their eligibility. It is clarified that, FBOs selling pre-packaged Sweets/Snacks & Savouries, shall obtain license for General Manufacturing Kind of Business under FPC 18 as per eligibility criteria.

f) Contaminants including heavy metals and Pesticide residues: as specified for the category “Foods not specified” under Food Safety and Standards (Contaminants, Toxins and Residues) Regulation, 2011 shall be applicable for the products covered under these categories.

g) Microbiological requirements as per Appendix-B of Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 – as specified for the base product which is used in the preparation of Sweets and Snacks & Savouries shall be applicable for the products covered under these categories. For example- Major raw material- Milk in Milk based Sweets.

f) Aflatoxin/DON/NOTs as per Food Safety and Standards (Contaminants, Toxins and Residues) Regulation, 2011: as specified for the base product which are used in the preparation of Sweets and Snacks & savouries shall be applicable for the products covered under these categories. For example- Nuts used in the preparation of snacks.

g) At present, Food Product Category 18 is created for the purpose of Licensing and Registration of Food Businesses for the Indian Sweets and Indian Snacks & Savouries (as mentioned) and sub-categories of FPC 18 have been mapped with existing sub-categories of FPC 1 to 16, so that the testing of horizontal standards can be performed. The vertical standards of food products will be finalised and notified in due course.

j) FBOs involved in Kind of Businesses other than manufacturers and having Food Product Categories under following categories shall be allowed to conduct their food business activities for the products covered under FPC 18 without modifying their existing license.

a.01- Dairy products and analogues, excluding products of food category 2.0

b. 04- Fruits and vegetables (including mushrooms and fungi, roots and tubers, fresh pulses and legumes, and aloe vera), seaweeds, and nuts and seeds

c. 05-Confectionery

d. 06-Fruits and vegetables (including mushrooms and fungi, roots and tubers, fresh pulses and legumes, and aloe vera), seaweeds, and nuts and seeds

e. 15-Ready to eat Savouries

f. 16-Prepared Food

5. This issues with the approval of the Competent Authority in exercise of the powers vested under Section-16 (5) of the Food Safety and Standards Act, 2006.

Enclosures: As stated

Inoshi Sharma
Executive Director (CS)
Email: [email protected]

To –

1. Commissioners of Food Safety of all States/UTs

2. Directors of all Regional Offices, FSSAI

3. All Divisional Heads, FSSAI

4. CITO, FSSAI – for uploading on FSSAI website

Copy for information to —

1. PS to Chairperson, FSSAI

2. PS to CEO, FSSAI

Annexure I

Food Category Descriptors

18.1 Indian Sweets

Sweets also known as Mithais in India are the products originating from Indian heritage and culture and may be prepared using a number of ingredients namely, sugar, jaggery, honey, milk, dry fruits, nuts, cereals and their flour or starch, pulses and their flour, fruits, vegetables, spices, edible vegetable oil, ghee in various forms, styles or consistencies. The common names are Halwa, Mysore Pak, Boondi Ladoo, Jalebi, Khoya Burfi, Peda, Gulab Jamun, Rasogolla and similar sweets sold by any name, etc. These products may be prepared by various processing methods including concentration, frying, coagulation by heat or acid or any other appropriate method as per the intended use of the product.

18.1.1 Milk based Sweets

Includes dairy based Indian sweets which may or may not be flavoured.

18.1.1.1 Khoa based Sweets

Includes Indian sweets prepared from milk concentrated or partially desiccated, khoa (cow or buffalo milk concentrated by boiling), sugar or Artificial sweetener, wheat flour, edible vegetable oil, ghee, spices and other ingredients. Examples include- Rabri, Basundi, Milk cake, Peda, plain burfee, Dhoda burfi, Singori and other similar products sold by any other name.

18.1.1.2 Chhana based Sweets

Includes sweets prepared from heat and acid coagulated milk products (milk – heat coagulated aided by acids like citric acid, lactic acid, malic acid, etc), chhana (cow or buffalo milk, heat coagulated aided by acids like citric acid, lactic acid, malic acid, etc), sugar or Artificial sweetener, spices and other ingredients. Examples include chenna/channa based sweets sold by name of Bengali sweets, i.e Cham cham, Raj bhog, Ras malai, Rasogolla, Rasbhari, etc., Chhana toast, Khirmohan and other similar products sold by any other name.

18.1.1.3 Fermented milk products based Sweets

Includes sweets prepared using appropriate cultures to ferment the milk at specific temperature and for specific duration along with other ingredients.

18.1.1.4 Other composite milk products based Sweets

Includes those milk based sweets which are a mix of milk and other ingredients and does not fall under any of the above defined categories. For example- Rice Kheer, Firni, Makhana kheer, payasam, and other similar products sold by any other name.

18.1.2 Cereal or pulses flour/starch based Sweets

Includes Indian sweets containing cereal and/or pulses flour, starch or grain as the main ingredient.

18.1.2.1 Cereal based Sweets

Cereals (including millet) or starch based sweets and starchy pudding based desserts, cereal based desserts and may contain sugar or artificial sweetener, wheat flour, edible vegetable oil, ghee, spices and other ingredients. Includes Jalebi, Suji halwa, tapioca halwa, Modak, Malpua, Ghewar, Gur shakkar para, Pootharekulu, Ariselu/Arsa/Adhirasam), Gujiya/Kajjikaya, puran poli/bobattu, Gud papdi/Gol papdi, Balu shahi, Gavvalu, Shankarpali„ and other similar products sold by any other name.

18.1.2.2 Pulses based Sweets

Includes pulses (legumes and lentils) or pulses flour/starch based sweets and may contain sugar or Artificial sweetener, wheat flour, edible vegetable oil, ghee, spices and other ingredients. Soan papdi, moong halwa, Mysore pak, Patisa, besan laddoo„ motichoor Ladoo, chana dal burfi, Sunnundalu„ , boondi laddoo, moong dal halwa„ Gud chana and other similar products sold by any other name.

18.1.3 Dry Fruit and nuts based Sweets

These are the products prepared from dry fruits, viz and may contain sugar, jaggery and nuts, ghee, and other ingredients. Examples include Kaju katli, kaju barfi, Badam burfee, Badam Halwa, Pista halwa, Pista- Badam Halwa and other similar products sold by any other name.

18.1.4 Indian confections

These are the products prepared from sugar, jaggery and may contain dry fruits, nuts like peanuts, ghee, and other ingredients. Examples include Chikki, Gajjak, Til kut barfi, Til rewari and other similar products sold by any other name.

18.1.5 Fruit and Vegetable based Sweets

Includes sweets made from fruits and vegetables (roots and tubers also) and may contain sugar or Artificial sweetener, wheat flour, edible vegetable oil, ghee, spices, sesame seeds and other ingredients. Examples include- Petha (Dry, angoori, Kalam, kesar), Gajar halwa/Gajrela, Gajar pak, Gajar burfee, Lauki halwa, Coconut burfee and other similar products sold by any other name.

18.2 Indian Snacks & Savouries Products

Indian snacks also known as Namkeens are the products originating from Indian heritage and culture and are prepared using a single or mixture of number of ingredients and may be available in various forms.

18.2.1 Cereal or pulses flour/ Starch based Snacks & Savouries

Includes all savoury snacks, with or without added flavourings prepared from cereal or pulses (legumes and lentils) and/or their flour or starch, and may contain other ingredients like potatoes, salt, sugar, edible vegetable oil, dry fruits, vegetable, peanuts, spices and condiments, nuts and seeds as per the intended use of the product.

Example includes Bhujia, bundia, Channa Jor Garam, Papads, khari, kara, murukku, namakpara, chiwda, palakayalu, ribbon or thattupakoda, dalmoth or mixtures, soya nuts, nimki, fali (e.g. cholafali), uppuseedai, appam, bhel-mix, Sev, Sev fried Dal, Gathiya, shankarpali, farsan, Kachori, kurmura, murmura, papadi, crisps, chakli, Chiwda, Poha, Kheel etc. Also inlcudes namkeen mix/mixtures like khatta- meetha, cornflake mix, navratan mixture etc. and similar products sold by any other name.

18.2.2 Fruit and vegetable based Snacks & Savouries

Include namkeens made from fruits and/or vegetables and may contain other ingredients like salt, sugar, edible vegetable oil, dried fruits, peanuts, spices and condiments, nuts and seeds as per the specific product. Examples include- Banana chips, Potato based aloo Bhujia, Aloo chips, cassava chips and other similar products sold by any other name.

18.2.3 Dry fruits and nuts based Snacks & Savouries

Includes all types of snacks prepared from whole nuts, and nut mixtures, either in-shell or shelled, salted or unsalted and may contain sugar, edible vegetable oil, ghee, spices and condiments, herbs and seeds as per the specific product.

18.2.4 Ready to eat and Ready to cook products –

Include snack/savoury products not included in the above sub-categories of the category Indian namkeens (18.2). These products are mixtures of multiple components (e.g. cereal and/or pulses flour, sauce, grain, vegetables, fruits and other ingredients as per the specific product); the components are included in other food categories. These products require minimal preparation by the consumer (e.g. heating, thawing, rehydrating). It also includes mixes/premixes of such Indian products like Instant mixes such as pongal mix, pullyogare mix, vada mix, etc. Examples include pay-bhaji, ready-to-eat dishes, biryani curried rice and similar products sold by other names.

Annexure II

Table 1: Indian Sweets Products

Cat No. Category name Applicable FSSR category
18.1 Indian Sweets
18.1.1 Milk based Sweets 1.7 Dairy based dessert
18.1.1.1 Khoa based Sweets
18.1.1.2 Chhana based Sweets
18.1.1.3 Fermented milk products based Indian Sweets
18.1.1.4 Other composite milk products based Indian Sweets
18.1.2 Cereal or pulses

flour/starch based Sweets

6.5 cereal based dessert
18.1.2.1 Cereal based Sweets
18.1.2.2 Pulses based Sweets
18.1.2.3 Starch based Sweets
18.1.3 Dry Fruit and nuts based Sweets 15.2 Processed nuts, including coated nuts and nut mixtures
18.1.4 Indian Confections 5.2.3-Nougats

15.1 Snacks – potato, cereal, flour or

starch based (from roots and tubers,
pulses and legumes)

18.1.5 Fruit and Vegetable based Sweets 4.1.2.9- Fruit-based desserts, including fruit-flavoured water-based desserts 4.2.2.6- Vegetable based desserts

Annexure II

Table 2: Indian Snacks & Savouries Products

Cat
No.
Category name Applicable FSSR category
18.2 Indian Snacks & Savouries Products
18.2.1 Cereal or pulses flour/

Starch based Snacks &
Savouries

15.1 Snacks – potato, cereal, flour or starch based (from roots and tubers, pulses and legumes)

6.3 Breakfast cereals, including rolled oats

6.7 Pre-cooked or processed cereal/grain /legume product

18.2.2 Fruit and vegetable based Snacks & Savouries 15.1 Snacks – potato, cereal, flour or starch based (from roots and tubers, pulses and legumes)
18.2.3 Dry fruits and nuts based Snacks & Savouries 15.2 Processed nuts, including coated nuts and nut mixtures
18.2.4 Ready to eat and Ready to cook products 16- Prepared foods

6.6. Batter (Instant mixes such as pongal mix, pullyogare mix, vada mix, etc)

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