FSSAI mandates real-time tracking and quarterly data of rejected and expired food from FBOs: Major implications for food businesses

The Food Safety and Standards Authority of India (“FSSAI”) has issued an advisory on 16th December 2024, directing licensed food manufacturers, importers, repackers, and relabellers to consolidate data regarding rejected and expired food items. This directive comes ahead of the launch of a quarterly reporting module through the Food Safety and Compliance System (“FoSCoS”) which will be implemented soon.

The advisory underscores FSSAI’s commitment to safeguard consumer health and ensure that unsafe food items are responsibly managed and disposed of. It addresses a critical gap in food safety management—the lack of systematic tracking and reporting of rejected and expired food items. Unsanctioned practices, such as the illegal re-entry of expired items into the supply chain, pose a potential threat to public health and undermine consumer trust.

To combat these risks, FSSAI has directed FBOs to consolidate relevant data in preparation for mandatory quarterly reporting. By ensuring traceability and accountability, this initiative aims to strengthen India’s food safety infrastructure.

Primary Objectives of the Advisory

Prevention of Misuse: It prohibits the rebranding or illegal sale of expired or rejected food products for human consumption.

Enhancing Traceability: It creates a transparent mechanism for tracking rejected and expired items.

Promoting Accountability: It encourages FBOs to adhere to high standards of compliance and responsible disposal practices.

Before the quarterly reporting requirement is activated on FoSCoS, the FSSAI’s present directive requires FBOs to prepare for consolidation of the following data:

  1. Rejected Food Items: Quantities and details of food items that failed quality checks.
  2. Expired Food Items: Quantities and particulars of food items removed from the supply chain due to expiry.
  3. Disposal Methods: Comprehensive records of how these items were handled, including:
    • Destruction: Incineration or other methods of safe disposal.
    • Auction: Details of buyers for repurposing non-edible use.
    • Alternative Uses: Instances where food waste was redirected for animal feed, composting, or other lawful purposes.

FBOs must also identify and document the agencies involved in disposal or auctioning to ensure complete traceability.

Status of the Reporting Module

The FoSCoS reporting module is currently under development. FSSAI has explicitly directed licensed food manufacturers, importers, re-packers, and re-labellers to begin consolidating data on rejected and expired food items without waiting for the module to go live. This proactive approach will facilitate the transition to quarterly reporting and help avoid last-minute compliance challenges.

Compliance Actions for FBOs

  1. Data Collection and Consolidation:
    • Collate records of rejected and expired items since the date specified by FSSAI.
    • Include details of disposal methods and entities involved.
  2. Storage Compliance:
    • Strictly adhere to FIFO and FEFO practices to ensure proper stock rotation.
    • Maintain separate storage areas for rejected and expired items as per Schedule IV guidelines.
  3. Documentation:
    • Prepare detailed records in formats aligning with anticipated FoSCoS requirements.
    • Ensure all data is accurate, verifiable, and readily accessible for reporting.

Conclusion

FSSAI’s directive to consolidate data on rejected and expired food items is a forward-looking measure to elevate food safety standards in India. While the quarterly reporting requirement is yet to be operationalized, licensed food manufacturers, importers, re-packers, and re-labellers must act now to ensure readiness. By embracing this initiative, the food industry can not only meet regulatory obligations but also contribute to a safer and more trustworthy food ecosystem.

Written by: Dwaipayan Das

Co-authored by: Amiya Mukherjee

Disclaimer

This content is intended for informational purposes only and does not constitute a legal opinion. Despite our efforts to maintain accuracy, we do not make representations, warranties or undertakings regarding the quality, completeness or reliability of the content. Readers are encouraged to seek legal counsel prior to acting upon any of the information provided herein. This content, including the design, text, graphics, their selection and arrangement, is Copyright 2024, Lexplosion Solutions Private Limited or its licensors. ALL RIGHTS RESERVED, and all moral rights are asserted and reserved.

For any clarifications, please reach out to us at 91-33-40618083 or inquiries@lexplosion.in. Refer to our privacy policy by clicking here.

Share this:

Sign up for our

Newsletter

You have successfully subscribed to the newsletter

There was an error while trying to send your request. Please try again.

Lexplosion will use the information you provide on this form to be in touch with you and to provide updates and marketing.