Food safety and standards authority of India is an autarchic body entrenched
underneath the Ministry of Health and family welfare underneath Indian
Government. underneath the food safety and standards act, 2016, FSSAI has been
entrenched, It is a amalgamated decree in India in relation to food safety and
It is accountable for encouraging public health and safeguarding it
through the regulation and security of food safety. FSSAI is established on
August, 2011. It’s Headquarter is in New Delhi. FSSAI is leaded by the
non-executive chairperson which is scheduled by the central government. The
present chief executive officer FSSAI is shri Arun Singhal
It was formed by
the former union minister Dr. Anbumani Ramadoss. It conatins of 22 members and a
chairperson. It is responsible for setting standards for the food so that there
is a body will be able to deal with it by which there occurs no confusions in
the minds of the consumers, manufacturers, traders and also the investors.
The following under statutory powers which are given to the food safety
standards authority of India by the FSS act, 2016 are
- trouping the data in relation to the food consumption occurring risk and
- appointing information and encouraging awareness in relation to the food
security and nourishment in India
- benefaction to the Department of international technical standards in
relation to the food
- also giving the scientific advice and Technical aid to the central
- dictating guidelines for authorization of laboratories for testing foods
- Forming new regulations for reclining safety standards.
The main focus of FSSAI is
- reclining science-based standards for artefacts on food.
- conducting the manufacturing, distribution, import, storage and the sale
- To promoting the safety of the food that we engross
FSSAI has set some guidelines for the food safety research.
The research and development division accountable for the research with the
following aims by
- Also to carry out the corroboration based studies for upgrading or
building rules and regulations
- Giving rise to the new knowledge that will be able to aid in unceasingly
upgrading the food safety standards which will be well suitable with
For examining the condition aplomb. FSSAI has been injucted to present different
types of functions which are in relation to the quality and standards of the
food these roles in accordance to others including laying down planning steps
and instructions for notification of the endrosing laboratories.
Some of the
laboratories apprised by FSSAI are:
- FSSAI Notified a credit labs -112
- State labs -72
- Refferal labs- 14
The products for whom FSSAI authorised the standards are the following:
Consumer Protection Act 1986
- Dairy products, fruits and vegetables, Cereals, Sweetening agents which
also includes honey, Salts, condiments, spices and other related products,
Beverages, Fish, Meat, Sweet.
The evolution of standards is a changing process which is based on the latest
developments in the food science, utilization pattern of food, New food products
and supplementing changes in the transforming technology outstanding to change
stipulations, recognition of the risk And other developments in food systematic
After the deliberation by the food jurisdiction the specification is apprised
for tempting stakeholder’s statements. Since, India is an endroser to the WTO
SPS committee, the draft standards are also included in the WTO. After taking
into consideration the statements received from the stakeholders, the standard
is finalised and published in The Gazette of India and then implemented.
Consumer Protection Act, 1986 was sanctioned by the parliament of India, which
is operated on 24th December, 1986. This act was sanctioned to Preserve the
contemplations of the consumers of India. This act was rescinded by the
Consumer Protection Act, 2019. This was entrenched for the resolution of the
consumers injustice and the distress identified with it. This act was proceeded
in the assembly in October, 1986 and came into enforcement on December 24, 1986
Also known as the COPRA act. The Consumer Protection Act is considered as the
Magna Carta in the glebe of customer preservation for screening the illegal
trade implementations, examining the deficiency in the goods and deficiencies in
services. It leds to the institution of universal connections of consumer forum
and appellate courts in all over India. There are many consumer organisations
and NGO which are instituted to extend the perception of the consumers.
The goals of the central council is to encourage and protect the rights of each
and every consumer such as:
Who is a
- Rights to be preserved against the marketing of goods and services which
are dangerous to life and property
- Right to be well-informed in accordance to the quality strength clarity
standard and quantity as well as the price of the goods and services because
it is about the preserving of the customers against illegal trade practises.
- Whenever there can be chances there are rights to be guaranteed and
approach to a very different variety of goods and services at very
- Rights to be perceived and guaranteed about the customers interest which
will receive due deliberation at proper forums
- The rights to confidential racial against illegal trade practises or
the confining trade practises or utilization of the consumers.
- The right to customer’s education.
A consumer is one who can purchase goods for utilization and not for the re-
sale of the product or for marketing commercial. The consumer also rents
services for cogitation, under the Consumer Protection Act, 1986 in section 21
Some of the key features in relation to the Consumer Protection Act, 1986 are:
- This act will be applicable to all kinds of services of goods and
illegal trade practises except there is a particular spare made by the central
- Private, public or the corporate, all types of sectors are covered under
- This act provides consumers 3 tires rectification system for providing
justice to the consumer who are injured, which are at the centre, state and
district levels. the three tires are:
- National commission:
Section 22, 20 and 70 on the lead talks about the
administration of the Commission applications of the complaint, procedure,
appeal and many more by the customers. These sections particularly helps us in
knowing about the National Commission that can be enforced, which consist of
president and including the four members. The complaints must exceed if amount
of 1 crore. If the goods were found defective after testing then they will be
asked for the replacement and the compensation should be provided for the same.
If any party is discontented by any order of the National Commission then within
30 days they can file an appeal to the Supreme Court also.
- State Commission:
this Commission is formed by each state which consist
of two members and one president. The complaints should be told them atleast of
the amount of 20 lacs and should not exceed more than 1,00,00,000. If the goods
were found defective after testing then they will be asked for the replacement
and the compensation should be provided for the same. If anyone is dissatisfied
with the decision of the state Commission then they can appeal in front of the
National Commission within 30 day time period.
- District forum:
This commission was set up by the state and district
level which consists of one president and two members also there should be one
woman member in the council and should be appointed by the state government. The
complaint should not be intended in the amount which exceeded the amount of 20 lacs. Also, after the testing of the good and effective than the accused party
should compensate and should appeal in the state Commission within 30 days in
case anyone is dissatisfied.
This act is a kind of shelter of legislation which covers the goods and services
but eliminate all the transactions which are taken by the person not coming
under the extent of Section 2(1) (d). The legislative objective of this act is
to provide the simple, timely and inexpensive intention of all customer
This act also gives us knowledge about the setting of consumer
protection council at central, state and district levels. Which also behaves as
consultative bodies for promoting and preserving the rights of the customers.
Therefore, we can assume that this act aims to promote and preserve the rights
of the customers are giving the safeguards against different kinds of accuses
faced by the customers.
Effects on the food industries of the Consumer Protection Act,
Food Collector or aggregators are online ingress which provide access to
multiple restaurants, such as Zomato, Swiggy, and others. and provide delivery
of foods. Zomato which is an Indian start-up company, that uprised the food
industry and introduced the concept of food collectors or aggregators to the
country which is now enclosed by contestations.
The National Restaurant
Association of India (NRAI) has conquered the extinguished crusade against
Zomato whereas the restaurants are avoiding the gold programme which is
commenced by Zomato. The campaign by the NRAI is a line of protest against the
food collectors from the restaurants. The restaurants have been declining on
majority of their profits because of the massive discounts undertaken for its
gold members by Zomato.
The Zomato application provides its customers with the following kinds of
- Allows for easy searches of food in nearby restaurants
- Allows different amazing discounted prices or offers for home-delivery
of the food,
- Allows its subscribers to go and consume food in the restaurant at
discounted prices sometimes with the inclusion of food and alcohol.
This upraise an interesting question that if the customers of Zomato file a case
against the food or service for the diminishing campaign that is launched by
NRAI. Here, we have discussed the impact of the New Consumer Protection Act,
2019 not only on Zomato, but also on all the other food aggregators/distributors
who are there in the food industry.
On 9th August 2019, the new Act was enacted by the Government of India. The main
focus behind the new Act was to conquer the defect of the old law and to control
with the technological amelioration. One of the main dynamics published in the
Act is in the meaning of the word goods which is under Section 2 (20) that has
been included in the word food within its administrative advocacy, which was
not earlier there. The meaning of the word food has been adopted from 2006,
Food Safety and Standards Act. This enhances it is importance for food business
executives to be conscious rights of its customers within both the legislations
and observe with its commitments.
Other considerable change which has been entrenched in the Act is the addition
of the e-commerce organisation. under Section 2(16) of the Act E-Commerce is
been defined as the selling or buying of different goods or services through
electronic connection. Electronic Service Provider is defined in Section 2(17)
of this Act to be someone who enables electronic technologies or many techniques
permitting a retailer to endrose and auction of their goods or services. All the
online market places and online auction sites are inclusive of this. The Act
enables to cover all entities which are inclusive in the procedure of selling
and buying of goods or services online. We need to note that under Section 2(7)
of the Act, the meaning of the word consumer makes online network
transactions. henceforth, the meaning of the word services under Section 2
(42) of the Act has been enlightened and identified the word transport as one
of the services. Hence, under this act, food aggregators/distributors engaged in
the supply of food. Thus, these provisions surely insinuated that food
processors will come under this new Act.
Impact of this act are:
- Misleading Advertisement
Misleading Advertisement is defined as to insert conditions where the seller
explains their pseudo products and services, or giving a false guarantee with
respect to the essence of the services or product, or camouflage important
information related to preservances, or partakes in illegal trade practice. the
logout campaign a very vast campaign cab be a success then different restaurants
can at the same time log out of the campaign then Zomato will be held liable for
Gold members or subscribers against Zomato can appeal
in the court for misleading advertisements. Gold subscribers or members will
contend that they were guaranteed the pseudo-offer for availing heavier
discounts in various or multiple high-ended restaurants.
In misleading advertisements, manufacturer will be liable to pay a penalty which
may extend to Rs. 10,00,000/- including the manufacturer or service provider
will not only be ordered to discontinue the advertisement, but will also serve
imprisonment which may be extended for a term of 2 years. For every ensuing
crime, the penalizing agreed is imprisonment for a term with the extension of 5
years and also with compensation which may extend to Rs. 50,00,000/-
- Unfair Contract or illegal agreements
the concept of unfair contract has been introduced in Section 2(46) of the Act
with the intent of protecting and preserving the rights of the customers. On one
hand, It directs to an agreement between a customers and a trader or
manufacturer or service provider wherein these expressions breach the interests
of the customers. This compromises the circumstances in which it is mandatory
for customers to pay an immoderate security down payment or for inflicting a
penalty on the customers which will not be proportionate to the loss which is
sustained. It also includes situations in which a party to the contract or a
contract cannot laterally deminish the contract without any reasonable or valid
Hence, it is important for food distributors and food business operators
to secure that their agreements do not become ‘unfair or illegal contracts’. In
the following case the #logoutcampaign becomes triumphant, it is compulsory for
Zomato to make sure and keep in mind that if it independently demolishes the
agreement, it should be done with a reasonable cause.
- Liability of Product
An absent concept of old law was introduced in this current act which is the
concept of product liability. The word Product Liability has been explained
as the culpability of the seller or manufacturer to indemnify for compensation
which is un paid to customers for a harm caused by a defective good or service.
It is a very strict section which does not provide permission for the
manufacturer or the seller to please for a defence as there was absence of
negligence or fraudulent intention nothing like such act. Production liability
will be prescribed upon a service giver also as long as the measures brought up
in the particular Act are also fulfilled.
In case, the food aggregators or distributors can be held liable within this
provision if a consumer is physically or mentally has injured or harmed by food
delivered by Zomato or by Swiggy or by any other aggregators of food. Let us
take another speculative situation, an individual for reverent reasons they used
to fast the whole day and for breaking his fast he will order his favourite dish
which is vegetarian.
The food which delivered by Zomato or Swiggy or other
aggregators and suddenly individual on his way with his food he realises that
the thing or the piece he is eating is not panner but chicken. Then The
individual calls the restaurant and asks for the rectification of their mistake,
they apologise and promise to do the same. The question here is will the food
aggregator be held liable, In such a case?
Recently, Zomato is responsible to
pay a compensation for serving non-vegetarian food to a vegetarian on the ground
of falsely in service. Similarly, in situations where consumers suffer a
physical or mental harm in the form of food allergy or other hygiene problems
which he has ordered online, the food aggregators or distributor will be held
liable. Hence, we can say, that the legislature has intended to impose some
penalties on all entities which are included in online transmittion so
that protecting the consumers.
Central Consumer Protection Authority
The central consumer protection authority lay provision for the establishment of
the central consumer protection authority. The vision of the authority
established under act is to protect the consumers interest and rights by the
regulations relating to unfair trade practises, false or misleading
advertisements and to look upon the violations of consumer rights. The
distinguished feature of the authority is that it can file a complaint
on behalf of the consumers.
To aid to this provision , the act includes the
authority as complainant so as to to allow them to act as guardian for the
consumer. For the easement of the filling complaints, the act also provides for
e-filling of the complaint. Moreover, the provision aids to the benefit of the
society by the provision of ’Suo Moto’ to the authority , which will indeed have
a great impact on food industry.
The suo moto in the provision empowers the
authority to take action against any food industry or restaurants of food
aggregators that cause harm to the consumers. The objective of the act is to
protect the interest and rights of the consumers and this spirit has been
reflected in the very provision in the act. E-commerce’s inclusion in the act
has widen the scope of the applicability of the act pertaining to the global
digitalisation and increase of e-market, this set had shifted the caveat emptor
,i.e. buyer beware to caveat venditor ( seller beware).
Also, the bodies in well established and coordinated manner aim to prevent the
food being lost or wasted during any step in the supply chain, i.e. from its
production to final household consumption. Pawan Aggarwal , Chief Executive
Officer of FSSAI once said:
We all are aware of the fact that , lot of food is
wasted in the supply chain. But, on the way other, during research upon the food
wastage, it was found that restaurants and hotels usually have an alternative
ways to use the left over food. Only during the instance of marriage parties,
buffets, when the quantity of the people is less than the arrangement made for.
He lastly added:
however, with the Save Food, Share Food, Share Joy
initiative, most of the food banks as like, Food Security Foundation, Feeding
India, Annekshetra Foundation and others, that will be connected to hotels. When
there is excess food left, it shall be collected by the food bank and be
distributed to the needy.
There were major concerns by the hotels and food bank
jointly , about the handling of the food after reaching to the food banks, due
to lack of infrastructure to store food and related to transportation of the
food. FSSAI responded that , as per the initiative , they aim to standardise and
regulate the process of the food collection along with what was to be done after
the collection of it.
As like, Food Safety Training and Certification , FSSAI has
mandatory provision that all the licensed businesses must have at least one
trained and certified food safety supervisor for every 25 food handlers in a
catering premise. Hotel and restaurants officials can initiate forwardly to be
trained for this role. The drafted notification for the same has been made, and
was mandatorily be applicable in a year or two.
And another most important initiative is about the hygiene rating
aspects of the this rating includes food security supervisor training , food
safety display , boards and self- compliance and also the regular audits to
Restaurant authorities need to perform self assessment to have a hygiene rating,
which by FSSAI officials would be cross verified. There is also a provision
where depending upon the previous credentials the history of such assessments
can be viewed. FSSAI coutiers will also give a rating stamp. Rating Above the
three would be preferable and good while below two will be seen as very poor.
In my views, the rating stamp or simple rating will be able to encourage good
competition among hotels and restaurants to maintain their good hygiene
standards and healthy food quality which will make customers to make good
decisions at the restaurants.
Organic food regulation should be protected for the interests of both
consumers and farmers
FSSAI think that organic farming will go a long way in fulfilling the
regulators’ primary mandate of securing food safety. A budding newly industry
like organic farming needs as much facilitation and promotion as possible
it is a sector that is posting impressive growth all over the world.
The US has
the largest market, whereas India has the highest number of organic farmers in
the country. it shows a low-external-input, with farm-level resilience and
low-debt approach improved through much diverse cropping for the farmers.
farmers who have committed suicide in this country due to countryside distress
shows that we are yet to come across organic farmers. In the era of changing
climate, organic farming’s approaches are necessary for both adaption and
mitigation. organic food production.
For the consumer, especially the ones who
are accompanied by traditional seed varieties, means safe, nutritious and
hygienic food. These farming enterprises also take up eco-friendly food
processing, while retaining the nutritional qualities of the produce.
The regulation requires organic food selling in the market to have a
certification either from a third party or Participatory Guarantee System (PGS).
It exempts only those producers or the producer organisations which will be able
to sell directly to consumers.
It’s ironical that they do not using toxin chemicals because using toxic
chemicals, producers in non-organic sector do not have to spend to guarantee
compliance with food safety regulatory requirements. Also, at the farm level,
farmers or the crop products these function are not applied of the country’s
Food Safety and Standards Act, 2006.
FSSAI today does not believe that organic farming by its nature will be able to
go far long way in mandating the regulators’ primary mandate of food safety and
security. A newly budding industry like organic farming require as much
promotion and facilitation as possible.
To ensure that fake organic items should not be sold is indeed a noble objective
and prevents misbranding. But misbranding of organic food is unsafe and need to
be regularly checked up by the citizens.
It is faulty to identify quality vow with certification. Certificates are now
been purchased in many areas. I wonder how one will be able to examine the
reports of chemical residues in validated organic food or refusal of guaranteed
export transmital? It should be famed that these certifiers have an inherent
dispute of interest in willingness to increase their business by certification
of more farms as ‘organic’. Increment in hoax organic production of the product
is a serious matter of concern which is not only for customers but also for
organic farmers too. Food managers should focus on pausing really unsafe or
illegal foods rather than going behind organic products.
Organic farming will need proper marketing opportunities. Bringing in onerous
regulations for individual farmers instead of providing free and timebound
certification to farmers is unwarranted. Most organic farmers do not have the
ability to sell their products to consumers face to face. The administrative
directions also put many other important questions. why is exemption provided
for only small organic producers whereas all organic farmers are involved in
The consumer has a right to know the producer in all cases, anyhow. In
addition, it’s not clear what explains a ‘small organic producers
administration’. They require substitute supply chains which are mostly in the
configuration of producer-to-dealer-to-customer. hence, without spared one step
away from customers retail sales, sparing only straight sales, that too only for
‘small’ manufacturers is an illogical thesis.
It’s not a quarrel against management of organic farming but an endorsement for
a win type situation for both organic producers as well as consumers.