Food Safety Laws in States

Why in the News?

  • The Uttar Pradesh government issued orders requiring food establishments to display names and addresses of operators, proprietors, and key personnel.
  • Similar directives were passed earlier in UP and Uttarakhand but were stayed by the Supreme Court in July 2023.
  • Himachal Pradesh briefly considered similar rules but later distanced itself from them.

Current Requirements Under FSSAI:

  • The Food Safety and Standards Authority of India (FSSAI) regulates food safety through the Food Safety and Standards Act, 2006 (FSSA).
  • All food businesses must either register or obtain a license from the FSSAI.
  • Petty Food Manufacturers (small businesses, vendors) must display their registration certificate and photo ID.
  • Larger businesses are required to display their FSSAI license.
  • Violations of the FSSA can lead to penalties, including imprisonment or fines up to Rs 5 lakh for operating without a license (Section 63).

State Government Powers Under FSSAI:

  • States can make rules under the FSSA with consultation and approval from the Food Authority (Section 94).
  • State Commissioners of Food Safety, appointed under Section 30, are responsible for enforcing the FSSA.
  • States can propose additional rules as long as they align with the Act’s objectives and receive necessary approvals.

Penalties for Non-Compliance:

  • FSSAI can issue an Improvement Notice to food operators who violate provisions of the FSSA.
  • Failure to comply may lead to suspension or cancellation of the operator’s license.
  • Penalties for non-compliance under Section 58 can include fines up to Rs 2 lakh, with harsher punishments for repeat offenders.

Challenges to State Directives:

  • The Supreme Court stayed similar orders in July 2023 because the police lacked authority under the FSSA.
  • Petitioners argued that orders violated Article 15(1) (non-discrimination on religious grounds) and Article 19(1)(g) (right to profession), suggesting they could lead to economic boycotts and discrimination.

Purpose of New Directives:

  • The UP government argues that these measures aim to ensure public health and food safety,
  • citing incidents of food adulteration across the country.
  • Other directives include installing CCTV cameras in eateries and conducting verification campaigns.

About FSSAI: Key Information and Functions

  • Established under: Food Safety and Standards Act, 2006
  • Administrative body: Ministry of Health & Family Welfare
  • Headquarters: Delhi
  • Consolidation of Acts: Merged previous laws like Prevention of Food Adulteration Act, 1954 and others.
  • Effective Operation: Began in 2011 after notification of rules.
  • Key Processes:
    • Set standards for food products.
    • Develop safe food practices.
    • License food businesses.
    • Ensure compliance via inspections.
    • Test food for safety and standards.
    • Provide training and build capacity.
    • Conduct citizen outreach programs.

Associate Article

https://universalinstitutions.com/e-commerce-sites-told-to-classify-food-items-correctly/