Abstract
This research paper examines the regulatory gaps within India’s Food Safety and Standards (Labelling and Display) Regulations, 2020, and the Food Safety and Standards (Alcoholic Beverages) Regulations, 2018. While these regulations were designed to ensure transparency and empower consumers to make informed dietary choices, ambiguities persist regarding the origin and nature of certain ingredients, particularly animal-based additives and processing aids.
The study explores how vague classifications, exemptions for specific products, and residue-based disclosure requirements limit transparency, impacting consumers with religious, ethical, or dietary restrictions. Drawing on an RTI application filed to seek clarity on these issues, the paper analyses the implications of these gaps for consumer rights and public health.
Recommendations for regulatory enhancement include comprehensive ingredient origin disclosure, uniform non-vegetarian labelling across all food products, and the inclusion of animal-based processing aids in labelling, regardless of residue detection. By aligning FSSAI’s standards with international best practices, the study argues that India’s food labelling framework can better support informed consumer choices and public trust.
Introduction
The Food Safety and Standards Act, 2006 (“FSSA” or “the Act”), is a comprehensive statute enacted by the Indian Parliament to consolidate various laws governing food safety and to establish the Food Safety and Standards Authority of India (“FSSAI”). As India’s primary legislation on food safety, the FSSA aims to safeguard public health by regulating the manufacture, storage, distribution, sale, and import of food products. In a rapidly growing and diverse food market, the FSSA addresses the pressing need for a unified regulatory framework, ensuring that food products available in India meet stringent standards of quality, safety, and hygiene. The Act applies to all food businesses across the supply chain, encompassing both domestic and imported goods, to guarantee consumer health and well-being.
The FSSA also emphasizes harmonizing India’s food regulations with global standards, enhancing India’s participation in international trade while protecting domestic consumers from substandard food products. FSSAI, established under the FSSA, is the statutory authority responsible for formulating regulations, monitoring compliance, and enforcing food safety standards across the nation. To meet the dynamic challenges of food safety, FSSAI has also issued targeted regulations.
“Alcoholic Beverages Regulations”). The Labelling Regulations and the Alcoholic Beverages Regulations represent two key regulatory frameworks under the FSSA, focusing on labelling standards and disclosures. These regulations aim to ensure that consumers are well-informed about the contents and safety of food products. Despite their intended purpose, these regulations exhibit ambiguities, particularly concerning ingredient origin and labelling exemptions.
This research paper examines these ambiguities and the potential for regulatory improvement, drawing insights from a Right to Information (“RTI”) application filedto seek clarifications on specific issues within these regulations. The questions posed to FSSAI reflect a consumer-centric perspective, focusing on the need for transparency in ingredient origin, allergen labelling, and the labelling of non-vegetarian ingredients in alcoholic beverages. By dissecting the regulatory structure and identifying gaps, this paper aims to propose recommendations that could enhance consumer awareness and safeguard public.
Legal Framework And Background
The legal foundation for food safety in India rests on the Food Safety and Standards Act, 2006. This Act consolidated various pre-existing laws into a unified system to streamline food regulation, reflecting both national concerns and global standards. The FSSA established the Food Safety and Standards Authority of India (“FSSAI”), which has the mandate to set scientific standards, monitor compliance, and enforce food safety measures.
The Right to Information Act, 2005, complements the FSSA by enabling citizens to access information related to regulatory actions, thereby fostering accountability. Through RTI applications, consumers can seek insights into regulatory decisions, demand explanations for ambiguous standards, and advocate for transparency in labelling practices that directly affect public health. This empowerment is particularly vital in the context of modern food systems, where complex supply chains and diverse processingmethods create challenges for clear and comprehensive labelling.
Overview Of Labelling Regulations
The Labelling Regulations, 2020, introduced by FSSAI, aim to standardize the information provided on food productpackaging, requiring manufacturers to disclose nutritionalvalues, ingredients, and allergen information.
Overview Of Alcoholic Beverages Regulations
Meanwhile, the Alcoholic Beverages Regulations, 2018, regulate safety and labelling for alcoholic products, mandating warnings and specific labelling requirements for certain types ofingredients. However, gaps in these regulations—such as the failure to specify the exact origin of ingredients or the limited scope of non-vegetarian labelling in alcoholic beverages—have raised concerns.
This paper delves into these gaps, discussing the implications for consumers and the potential avenues for policy improvement. Food safety and consumer rights are central to modern regulatory frameworks worldwide, ensuring that individualscan make informed choices about what they consume. InIndia, the Labelling Regulations, along with the AlcoholicBeverages Regulations, govern how food products, including alcoholic beverages, are labelled for ingredient origin, allergen content, and non-vegetarian status.
Despite the protections these regulations afford, there remain gaps, particularly regarding the specific origins of ingredients, which may prevent consumers from fully understanding theanimal or plant-based derivation of packaged food andalcoholic beverages.
Analysis Of Ambiguities In Labelling Regulations
1. Source And Origin Of Ingredients In Packaged Food
The Labelling Regulations mandate a clear list of ingredients in packaged food, requiring that each ingredient be disclosed in descending order of weight or volume. Regulation 4(1) of the Labelling Regulations specifies that ingredients may be identified by their “common name, generic name, or class title.” For certain types of ingredients, such as fats and oils, regulations allow broader class titles, e.g., “animal fat” or “vegetable oil,” which give general information about the nature of the ingredient without specifying its exact source.
Although the regulation aims to simplify labelling and aid consumers in identifying potential allergens or dietary restrictions, it lacks a mandate to clarify the specific origins of each ingredient. For example, while “animal fat” is disclosed, the regulation does not require a distinction between different animal-derived fats, such as beef tallow, lard, or fish oil. Consequently, consumers following dietary restrictions for religious, ethical, or health reasons may be inadequately informed. A clearer indication of whether an ingredient is animal or plant-derived would align with modern consumer expectations, particularly given the increasing prevalence of vegetarian, vegan, and religious dietary practices.
The regulatory gap is partly due to the complexity of ingredient sourcing in global supply chains. Manufacturers often acquire ingredients from diverse sources, which may make precise labelling challenging. However, advancements in food traceability technologies could potentially alleviate this burden, allowing food businesses to provide more specific origin information in line with consumer demand for transparency.
2. Definition Of Non-Vegetarian Food
The Labelling Regulations provide a standardized definition for “Non-vegetarian food” under Regulation 2(1)(o), which is critical in distinguishing vegetarian from non-vegetarian products for consumers.
Regulation 2(1)(o) states: “Non-vegetarian food means an article of food which contains whole or part of any animal including birds, insects, fresh water or marine animals or eggs or products of any animal origin, but does not include milk, milk products, honey or bees wax or carnauba wax or shellac.”
According to the regulation, non-vegetarian food includes any food that contains animal parts, covering all types of animal origins, such as poultry, fish, and insects. Notably, certain animal-derived ingredients like milk, milk products, honey, beeswax, carnauba wax, and shellac are excluded from this definition. This definition supports the practical need for clear, uniform criteria to differentiate between vegetarian and non-vegetarian foods, ensuring transparency for consumers adhering to vegetarian or vegan diets.
However, there are nuances to this classification that remain unaddressed:
- Ingredients derived from animals, such as gelatine or certain enzymes, are included under non-vegetarian labelling requirements, yet they may not be visibly apparent to consumers due to processing methods.
- The regulation does not provide a standardized approach for foods containing trace animal-derived ingredients, such as processing aids used in food production but not retained in the final product.
For strict vegetarians, this presents a potential gap in transparency, as these ingredients may not require labelling under current guidelines if not detectable in the end product.
3. Labelling Requirements And Exemptions For Non-Vegetarian And Vegetarian Foods
Regulation 5(4) of the Labelling Regulations details the requirements for marking non-vegetarian and vegetarian foods, mandating the use of brown and green colour symbols, respectively.
Regulation 5(4) states:
- (a) “Every package of Non-Vegetarian Food containing ingredients including food additives, processing aids of animal origin shall bear a declaration to this effect made by a symbol and colour code as stipulated below. The symbol shall consist of a brown colour filled triangle inside a square with brown outline…”
- (b) “Every package of Vegetarian Food containing ingredients including food additives, processing aids of plant origin shall bear a declaration to this effect by a symbol and colour code as stipulated below. The symbol shall consist of a green colour filled circle inside a square with green outline…”
Exemption: “Provisions of Regulations 5(4)(a) and 5(4)(b) shall not apply in respect of mineral water, packaged drinking water, carbonated water, alcoholic beverages, liquid milk, milk powders and honey.”
This provision serves as a straightforward mechanism for consumers to immediately discern the vegetarian status of a food item. However, exemptions exist for certain products, notably mineral water, carbonated water, alcoholic beverages, milk, and honey. The rationale behind these exemptions likely pertains to the product’s inherent nature or origin.
Issues With Alcoholic Beverage Exemptions
The exemption for alcoholic beverages is notable given the lack of clarity in ingredient disclosures. For instance:
| Alcoholic Beverage | Possible Use of Animal-Derived Processing Aids |
|---|---|
| Beer | May use gelatine or isinglass for clarification |
| Whisky | May involve animal-based clarifying agents |
| Rum | Potential use of gelatine-based fining agents |
| Vodka | May be filtered using bone char or other animal derivatives |
While these agents may not be detectable in the finished product, their usage poses a concern for vegetarians and vegans. Exempting alcoholic beverages from labelling requirements diminishes transparency for consumers with specific dietary preferences, creating an area for potential regulatory enhancement to include a disclaimer about the use of such processing aids where applicable.
Key Issues in Alcoholic Beverages Regulations
1. Disclosure of Animal-Based Processing Aids
The Alcoholic Beverages Regulations of 2018 specifically address labelling standards for alcoholic products, including requirements for disclosing allergen warnings and non-vegetarian content in certain circumstances. Regulation 5.11 of these regulations mandates that if an animal-derived clarifying agent, such as egg whites or isinglass, is used and residues remain detectable in the final product, a non-vegetarian logo must be displayed. This regulation particularly applies to wines, as wines often use these fining agents, which may leave trace residues.
Regulation 5.11 states:
| Regulation | Description |
|---|---|
| 5.11 Allergen warning | 5.11.1 If the wine contains more than 10 mg sulfur dioxide per litre, the label must declare “Contains sulfur dioxide or Contains sulfite”. 5.11.2 If egg white or ising glass as fining, clarifying agent or any other processing aid of animal origin is used in wine, it shall be declared on the label with a non-vegetarian logo, if residues of the same are present in the final product. |
2. Exemptions and Consumer Transparency
The current regulations exempt certain beverages, including mineral water and carbonated drinks, from non-vegetarian labelling, which can be misleading if these products contain animal-based additives. The absence of clear labelling on such products limits consumers’ ability to identify items that align with their dietary preferences.
This exemption, coupled with the selective disclosure requirements for animal-based ingredients, highlights a need for policy reform to enhance labelling consistency across all food categories. The rationale behind these exemptions may stem from concerns over regulatory burden; however, the broader objective of consumer transparency may outweigh such considerations.
Extending non-vegetarian labelling requirements across all food and beverage categories could:
- Simplify regulatory compliance
- Ensure that consumers are fully informed
- Promote consistent and transparent labelling practices
Policy Recommendations
To improve transparency and address regulatory gaps identified in the Food Safety and Standards (Labelling and Display) Regulations, 2020, and the Food Safety and Standards (Alcoholic Beverages) Regulations, 2018, the following recommendations are proposed:
1. Detailed Ingredient Origin Disclosure
The current regulations do not mandate clarity on ingredient origins, particularly for ambiguous terms like “naturalflavours” and “enzymes,” which may come from either plant or animal sources. This lack of transparency can mislead consumers with specific dietary, ethical, or religious preferences. To bridge this gap, FSSAI should:
- Specify Source Origins: Require that all ingredients, especially ambiguous ones, are labelled with their exact origins, such as “plant-derived” or “animal-derived,” providing more detail where possible (e.g., “beef-derived” or “pork-derived”).
- Clearer Labelling for Sensitive Ingredients: Mandate special labels for ingredients that may be sensitive to certain groups, ensuring consumers with dietary restrictions have the information needed to make informed choices.
Such disclosures would strengthen consumer trust and align FSSAI’s standards with international practices in ingredient transparency.
2. Universal Non-Vegetarian Labelling Requirements
Current exemptions from non-vegetarian labelling for specific product categories, such as mineral water, carbonated beverages, and alcoholic beverages, create inconsistency. Non- vegetarian labelling should apply to all products containing animal-derived ingredients, regardless of category, to ensure consumer rights are protected. Recommended actions include:
- Broaden Non-Vegetarian Labelling: Expand non-vegetarian labelling requirements to all food and beverage categories that use animal-derived ingredients, additives, or processing aids. This would ensure labelling consistency and prevent inadvertent consumption by vegetarians or those with religious restrictions.
- Two-Tier Symbol System: Consider a labelling systemwith one symbol indicating “contains animal ingredients” in general and anotherspecifying “meat-derived” to enhance clarity. Suchmeasures would help consumers identify animal-derived products more easily and improve FSSAI’s regulatory coherence.
3. Full Disclosure of Animal-Based Processing Aids
In alcoholic beverages, animal-derived processing aids likeisinglass, gelatine, and egg whites are often used without being disclosed unless residues remain. This restriction limits consumer awareness, especially for those who followvegetarian or vegan diets. FSSAI could enhance transparency by:
- Mandating Full Disclosure of Processing Aids: Requirelabels to disclose all animal-based processing aids used, regardless of residue presence. This would provide consumers with the necessary information to make conscious dietary choices.
- Standardized Symbols for Animal-Based Aids:Implement symbols that indicate the presence of animal-derived aids, enabling consumers to make quick and informed decisions.
This approach aligns with international best practices and would enhance consumer confidence in food labelling.
4. Periodic Review of Labelling Exemptions
Certain exemptions, such as those for mineral water and carbonated drinks, may not reflect evolving consumer expectations. A regular review mechanism would allowFSSAI to keep up with consumer demands for transparencyand ensure that the exemptions remain relevant.
- Conduct Regular Reviews: Institute a structured review process to periodically assess the appropriateness of product exemptions. This process could include consultations with stakeholders, consumer groups, and public health experts to understand whether exemptions continue to serve the public interest.
- Criteria for Exemptions: Develop specific criteria toguide the exemption process, ensuring that products with any animal-based components are considered for labelling rather than exempted by default.
This review process would ensure FSSAI’s regulatory framework remains dynamic and responsive to consumer needs.
5. Enhanced Enforcement and Compliance Measures
Enforcement is crucial to ensuring adherence to labelling regulations. By strengthening compliance mechanisms, FSSAI can reinforce industry accountability and consumer trust:
- Introduce Random Label Audits: Conduct unannounced inspections of high-consumption products to verify labelling accuracy,providing consumers with additional assurance that labels are truthful and complete.
- Graduated Penalties: Establish a tiered penalty system, with sanctions for different levels of non-compliance, including fines, recalls, and public notices. Such a system would encourage manufacturers to prioritize accurate labelling.
- Encourage Third-Party Verification: Promote voluntary third-party certifications for labels, especiallyfor exports, which could bolster consumer confidence and compliance with FSSAI standards.
Together, thesemeasures would strengthen FSSAI’s capacity to monitorand enforce food labelling compliance.
Written By: Hemali Gohil, Third Year Student Of BCOM .LL.B – Nirma Law University.
