Operationalisation of Food Safety and Standards (Advertising and Claims) Amendment Regulations, 2019.

The Food Safety and Standards Authority of India has decided to operationalize the Food Safety and Standards (Advertising and Claims) Amendment Regulations, 2019.

The aforementioned amendment has been made in inclusion of the scientific panel’s recommendations that was set post-reception of the representations of the various stakeholders and shall be enforceable after the 6 months from the date of issuance of this direction or after final notification in the Gazette of India. Food Business operators are required to follow the Food Safety and Standards (Advertising and Claims) Amendment Regulations,2018 together with the operationalised amendment regulations.

Some of the highlights of amendments are mentioned hereinafter:

• The reduction of disease risk claims, are required to specify the number of servings of the food per day for the claimed benefit.

• If the adjectives such as “natural”, “fresh”, “pure”, “original”, “traditional”, “authentic”, “genuine”, “real” are contained in the trade mark, brand name or fancy name and appear in the labeling, presentation or advertising of a food, a disclaimer ,stating ,” This is only a brand name or trade mark and does not represent its true nature” is required to be provided on the packaging in not less than 1.5mm size in case of pack size under 100sq. Cm and not less than 3mm size in case of pack size above 100 sq. Cm

• Where a nutrient comparative claim is made, the food products are required to be either different versions of the same food product or similar food products. The food products that are being compared are required to be easily identifiable and the relative difference of the claimed parameter between the compared foods should be:

1. At least thirty per cent. In the energy value or nutrient content except micronutrient
2. At least ten per cent. of recommended dietary allowances per 100 g or 100ml, for claims about micronutrients other than sodium.

• Equivalence claims can be used on the label of the food product and through nutritional information, provided that the amount of the nutrient in the reference food is enough to qualify that food as a “source” of that nutrient, and the labeled food, on per 100g or 100ml, is an equivalent, source of that nutrient or where the food nutrient is at the same level as the naturally occurring reference food nutrient.

• In case of claims made in regard to the exclusion of additives (including functional classes of additives as specified in Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011) in a food product, claims can be made according to the following conditions:
  1. The food product has not been added to the food or removed from food at the time of manufacture
  2. The food product is not contained in any ingredient of the food except where it is naturally present
  3. The food product is one which is allowed to be added in particular products as specified in Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011
  4. The food product has not been substituted by another additive giving the food equivalent characteristics.

• SCHEDULE – I pertains to the nutrient content claims that are being in regards to the concerned products. A claim that a food product containing the nutrients mentioned in Schedule – I, is likely to have the content as mentioned in the schedule or if it conveys a similar meaning to the consumer, that claim would be subject to mentioned conditions.

To read the details conditions of Schedule I and the full notification, Click here.