The Food Safety and Standards Authority of India (“FSSAI”) has issued the Food Safety and Standards (Prohibition and Restrictions on Sales) Second Amendment Regulations, 2021 (“Amendment Regulations”) to amend the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 (“Principal Regulations”).
The Amendment Regulations have gained effect on the date of its publication in the Official Gazette i.e. on 3rd February, 2021 and food business operators (“FBOs”) have to comply with the said Regulations for all the products manufactured on or after 1st January, 2022.
Background:
On 28th August, 2019 the draft of the Food Safety and Standards (Prohibition and Restriction on sales) Amendment Regulations, 2019 (“Draft Regulations”) was published for comments and suggestions from the public.
Now, in light of the suggestions received from the public in respect of the said Draft Regulations, the following changes have been made while notifying the amendment:
| Draft Regulations | Amendment Regulations | Implication |
| Not present | Regulation 1.2 of Principal Regulations-
2. “Industrial trans fatty acids” means all the geometrical isomers of monounsaturated and polyunsaturated fatty acids having non-conjugated, interrupted by at least one methylene group, carboncarbon double bonds in the trans configuration. It excludes trans-fatty acids from dairy, meat, fish and their products |
“Industrial trans fatty acids” has been defined, for further clarity. |
| Regulation 2.3
(2.3.14) (…) 21. Food Products in which edible oils and fats are used as an ingredient shall not contain trans fatty acids more than 2% by weight of the total oils/fats present in the product, on and from 1st January, 2022 |
Regulation 2.3
(2.3.14) (…) 21. Food Products in which edible oils and fats are used as an ingredient shall not contain industrial trans fatty acids more than 2% by mass of the total oils/fats present in the product, on and from 01st January, 2022 |
FBOs have to ensure that food Products in which edible oils and fats are used as an ingredient does not contain industrial trans fatty acids more than 2% by mass of the total oils/fats present in the product; from 01st January, 2022 |
Source: Food Safety and Standards Authority of India
