FSSAI decides to exclude food category “13” (foodstuffs intended for particular nutritional uses) from the scope of Proprietary Foods under the Food Safety Compliance System

The Food Safety and Standards Authority of India (FSSAI) has through an Order dated 6th November 2020, decided to block food category “13” (foodstuffs intended for particular nutritional uses) from the scope of Proprietary Foods under the Food Safety Compliance System (“FoSCOS”).

Background:

The Food Safety and Standards (Food Products Standards and Food Additives Regulations), 2011, under its sub-regulation 2.12 defines ‘Proprietary Food’ as an article of food that has not been standardised under these regulations, but does not include novel foods, foods for special dietary uses, foods for special medical purposes, functional foods, nutraceuticals, health supplements and such other food articles which the Central Government may notify in this behalf.

The sub-regulation 2.4.1 (1) under Food Safety and Standards (Packaging and Labelling) Regulations, 2011 also states that an article of infant milk substitutes /infant foods, whose standards are not prescribed under Food Safety and Standards (Food Products standards and Food Additives) Regulations, 2011 shall be manufactured for sale, exhibited for sale or stored for sale only after obtaining the approval of such articles of food and its label from the Authority.

Since the Food Category 13 broadly covers Infant food products and products covered under Food Safety and Standards (Health Supplements, Nutraceuticals, Food for Special Dietary Use, Food for Special Medical Purpose, Functional Food and Novel Food) Regulations, 2016, in view of the above, it is inferred that the products covered under all the subcategories under the Food Category 13 shall either have to comply with the standards set out in the respective regulations or have to seek product approval under FSS (Approval for Non-Specified Food and Food Ingredients) Regulations, 2017.

Furthermore, the Central Licensing Authority (“CLA”) has been directed to identify such licenses granted earlier under Proprietary Foods with food category 13 and advise such Food Business Operators to get them suitably modified under FoSCOS without any modification fee up to 30th June, 2021.

 

Source: Food Safety and Standards Authority of India

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