The Food Safety and Standards Association of India (FSSAI) has proposed draft rules to amend the Food Safety and Standards Rules, 2011. The notification was issued on 27th August 2020.
The Draft Rules stipulate for some of the following prospective changes:
Changes to the Educational Qualifications of Designated Officer (DO)
- At the very least, he must have a bachelors’ degree in Science with chemistry as one of the subjects, or
- In the alternative, he should possess at least one of the educational qualifications prescribed for the Food Safety Officers under the rules or
- He should possess at least 5 years’ experience as a Food Safety Officer (FSO) or
- He should possess at least 7 years’ experience FSO and Food Inspector combined together. In such a case, he must have a minimum of 4 years’ experience as a FSO since 2008
The Draft Rules no longer exempt a DO appointed on additional charge from the requisite training.
The DO shall undergo specified training within six months from the dale of his appointment. However, a sub-divisional officer appointed as DO on additional charge was exempted from this training. The Draft Rules propose to do away with this exemption and make training a requisite for all appointed DOs.
Changes in the powers and duties of DO
A DO functions under the overall supervision of the Collector/ District Magistrate. Under the existing rules, the Collector/ District Magistrate could delegate his powers of supervision to Additional Collector or Additional District Magistrate or a Sub-Divisional Officer of the area. The Draft Rules put an end to such delegation.
The Draft Rules propose to add to the power and duties of the FSO
They empower the FBO to examine the label of any article of food that must be sent for analysis in accordance with the requirements of labelling, advertisement and claims. He shall then send the report of non-compliance, if any, to the DO for scrutiny.
Masking of labels of samples with non-detachable tamper-proof stickers
The draft rules propose a modification in the procedure of sampling and the manner of sending samples for analysis. They require that all the information relating to the Food Business Operator (FBOs), as contained in the label of the sample, should be masked. This information includes brand/ trade name and bar code and the code number of the sample. The masking must be done with non-detachable tamper-proof stickers.
Stipulation as to the requisite number of samples drawn for products having a shelf-life of less than 7 days
The Draft Rules state that the number of samples required for analysis will depend on the condition of sampling. This applies to perishable items with a shelf-life of less than 7 days. The Draft Rules explain this tabularly. Under the existing rules, the requirement of four samples applied to all products and no distinction was made for products having a shelf-life of less than 7 days.
Proposed Changes to the procedure of Appeal to the Designated Officer
Under the existing Rules, a FBO can appeal to the DO against the report of the Food Analyst. Such an appeal must be made in Form VIII within 30 days of receipt of such report.
The DO may within 30 days of receipt of the Appeal, upon consideration of the material before and after giving the FBO an opportunity to be heard, forward one part of the sample to a Referral Lab.
The Draft Rules seek to add, that the referral labs must issue a signed Certificate of Analysis within 14 working days of receipt of the sample. If the analysis cannot be completed within this time, the referral lab is required to give its reasons for the delay to the DO and the Commissioner of Food Safety. It is also required to specify the time that it will take for the analysis.
The FSSAI invites suggestions and objections to the draft rules from the general public within a period of 30 days. These must be addressed to the Shri Neeraj Sachdeva, Under Secretary, Food Regulation Division, Ministry of Health and Family Welfare, Room No.757, A Wing, Nirman Bhawan, New Delhi, or may be sent through e-mail at neeraz.s@nic.in and av.gawai@nic.in.
