*FSSAI Notification No. F. No. Std/TF-Vegan Foods/Notif/FSSAI | Dtd. 06th September, 2021 | Draft Food Safety and Standards (Vegan Foods) Regulations, 2021.

The FSSAI has come up with the proposal bringing into action Draft Food Safety and Standards (Vegan Foods) Regulations, 2021. For that matter, the Authority has released a set of Draft Regulations in the Official Gazette, which is open for objections and suggestions by those persons who are likely to get affected by the same.

It is also provided that the said Regulations shall be taken into consideration after the expiry of a period of 60 days from the date on which copies of the Official Gazette in which this notification is published are made available to the public.

Now, let’s have a look at the Draft Regulations:

Sr. No. Regulation Comments
1 Definitions: 

(1) In these regulations, unless the context otherwise requires:

(a) “Vegan Food” means those foods or food ingredients that have not made use of any ingredients, additives and processing aids of animal origin including milk and milk products, fish, poultry and meat, egg or egg products, honey or honey bee products, materials of insect origin like silk, dyes, chitin/chitosan etc or ingredients that are clarified using animal sourced products e.g., bone char used in sugar bleaching, isinglass in clarifying beer etc.

(2) All the other words and expressions used herein and not defined but defined in the Act, or rules or regulations made thereunder shall have the meanings assigned to the same in the Act, rules or regulations respectively.

In the Vegan Foods Regulations, only one term is defined i.e., Vegan Food.

 

Any other word appearing in these Regulations shall have the same meaning as assigned to the same in the Act, Rules or Regulations respectively.

2 General Requirements: 

(1) No person shall manufacture, pack, sell, offer for sale, market or otherwise distribute or import any food as vegan food unless they comply with the requirements laid down under these regulations.

(2) The food products or ingredients to be called VEGAN, shall not have involved animal testing for evaluating the safety of the final product/ingredient; and, shall not contain any animal derived GMOs or products prepared using animal derived gene for manufacturing the ingredients or products.

(3) Traceability shall be established up to the manufacturer level and shall include any other requirements prescribed by the Food Authority to maintain the vegan integrity of the foods or food ingredients or products thereof from time to time.

(4) All vegan foods/ingredients shall comply with the relevant provisions, as applicable under the Act, Rules and regulations.

The FSSAI has prescribed a set of general conditions, compliance of which is necessary to declare a food/dish Vegan.
3 Vegan food compliance: 

(1) The Food Business Operator shall submit an application with all necessary details related to plant/machinery/premises to the Authority. Inspection and verification of the premises shall be done by concerned Food Safety Officer or Designated Officer.

(2) Verification of the final product for compliance shall also be done by use of analytical tools (molecular/chemical/combination of both) available to ascertain absence of animal origin for endorsement of the vegan logo in the license.

(3) The Food Authority may specify guidelines for endorsement of vegan logo and annual market surveillance for such products. The concerned registration or licensing authority shall carry out surveillance of the registered establishment at least once in a year.

The FSSAI has prescribed a set of compliance check which relates to submission of application with required details by the FBO, verification of the final product to ascertain absence of animal origin for endorsement of the vegan logo in the license and annual market surveillance.
4 Labelling and display requirements: 

(1) All vegan foods shall comply with the packaging and labelling requirements specified under the Food Safety and Standards (Labelling and Display) Regulations, 2020 in addition to the labelling requirements specified above.

(2) The seller of vegan food either exclusively or as part of retail merchandise shall store and display such food in a manner distinguishable from non-vegan food.

(3) Every package of vegan foods, after the endorsement as specified in clause 4 of these regulations, shall carry the logo as specified below:

Wherein,

– The Green color and the leaf depict that the ingredient/product is of plant origin.

– The letter V identifies the product to be as Vegan.

The FBO in addition to the above- mentioned labelling requirements, shall also adhere to the Food Safety and Standards (Labelling and Display) Regulations, 2020.

Further, the FBO shall also make sure to store and display such food in a manner distinguishable from non-vegan food.

Objections or suggestions, if any, may be addressed to the Chief Executive Officer, Food Safety and Standards Authority of India, FDA Bhavan, Kotla Road, New Delhi–110002 or sent on email at [email protected]

The objections or suggestions which may be received from any person with respect to said draft regulations, before the expiry of the period specified above, shall be considered by the Food Authority. 

*********

FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA
NOTIFICATION

New Delhi, the 6th September, 2021

F. No. Std/TF-Vegan Foods/Notif./FSSAI.—The following draft of Food Safety and Standards (Vegan Foods) Regulations, 2021, which the Food Safety and Standards Authority of India (FSSAI) propose to make, with the previous approval of the Central Government in exercise of powers conferred by clause (v) of sub- section (2) of section 92 of the Food Safety and Standards Act, 2006, (34 of 2006) is hereby published as required by the said sub-section (1) of section 92, for the information of persons likely to be affected thereby and notice is hereby given that the said draft regulations shall be taken into consideration after the expiry of a period of sixty days from the date on which copies of the Official Gazette in which this notification is published are made available to the public. Objections or suggestions, if any, may be addressed to the Chief Executive Officer, Food Safety and Standards Authority of India, FDA Bhavan, Kotla Road, New Delhi–110002 or sent on email at [email protected]

The objections or suggestions which may be received from any person with respect to said draft regulations, before the expiry of the period specified above, shall be considered by the Food Authority.

Draft Regulations

1. Short Title and Commencement – (1) These regulations may be called the Food Safety and Standards (Vegan Foods) Regulations, 2021.

2. Definitions- (1) In these regulations, unless the context otherwise requires:

(a) “Vegan Food” means those foods or food ingredients that have not made use of any ingredients, additives and processing aids of animal origin including milk and milk products, fish, poultry and meat, egg or egg products, honey or honey bee products, materials of insect origin like silk, dyes, chitin/chitosan etc or ingredients that are clarified using animal sourced products e.g., bone char used in sugar bleaching, isinglass in clarifying beer etc.

(2) All the other words and expressions used herein and not defined but defined in the Act, or rules or regulations made thereunder shall have the meanings assigned to the same in the Act, rules or regulations respectively.

3. General Requirements-

(1) No person shall manufacture, pack, sell, offer for sale, market or otherwise distribute or import any food as vegan food unless they comply with the requirements laid down under these regulations.

(2) The food products or ingredients to be called VEGAN, shall not have involved animal testing for evaluating the safety of the final product/ingredient; and, shall not contain any animal derived GMOs or products prepared using animal derived gene for manufacturing the ingredients or products.

(3) Traceability shall be established up to the manufacturer level and shall include any other requirements prescribed by the Food Authority to maintain the vegan integrity of the foods or food ingredients or products thereof from time to time.

(4) All vegan foods/ingredients shall comply with the relevant provisions, as applicable under the Act, Rules and regulations.

4. Vegan food compliance

(1) The Food Business Operator shall submit an application with all necessary details related to plant/machinery/premises to the Authority. Inspection and verification of the premises shall be done by concerned Food Safety Officer or Designated Officer.

(2) Verification of the final product for compliance shall also be done by use of analytical tools (molecular/chemical/combination of both) available to ascertain absence of animal origin for endorsement of the vegan logo in the license.

(3) The Food Authority may specify guidelines for endorsement of vegan logo and annual market surveillance for such products. The concerned registration or licensing authority shall carry out surveillance of the registered establishment at least once in a year.

5. Labelling and display requirements-

(1) All vegan foods shall comply with the packaging and labelling requirements specified under the Food Safety and Standards (Labelling and Display) Regulations, 2020 in addition to the labelling requirements specified above.

(2) The seller of vegan food either exclusively or as part of retail merchandise shall store and display such food in a manner distinguishable from non-vegan food.

(3) Every package of vegan foods, after the endorsement as specified in clause 4 of these regulations, shall carry the logo as specified below:

The ‘Green’ colour and the leaf depicts that the ingredient/product is of plant origin. The letter ‘V’ identifies the product to be as ‘Vegan’.

ARUN SINGHAL, Chief Executive Officer
[ADVT.-III/4/Exty./235/2021

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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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