FSSAI notifies the Food Safety and Standards (Food Products Standards and Food Additives) Sixth Amendment Regulations, 2021, FBOs to comply by 1st July 2022
The Food Safety and Standards Authority of India (“FSSAI”) has notified the Food Safety and Standards (Food Products Standards and Food Additives) Sixth Amendment Regulations, 2021 in order to further amend the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011
It shall come into force on the date of their publication in the Official Gazette and the Food Business Operators (“FBO”) shall comply with all the provisions of these regulations by 1st July, 2022 except for fatty acid contents for ghee which shall come into force after two years of the publication of these regulations in the Official Gazette
Key Highlights:
| Provisions under Original Regulations | Provisions under Draft Regulations | Implications |
| Sub- Regulation 2.1.1 – General Standards for Milk and Milk Products | ||
| Item 1- Definitions:
1. (a).(…….) |
Item 1- Definitions:
(aa) Analogue in the dairy context, as referred to in the Regulation 2.1, means a product in which constituents not derived from milk take the place, in part or in whole, of any milk constituent(s) and the final product resembles, organoleptically and/or functionally, milk or milk product or composite milk product as defined in these regulations.
Note: The admixtures of certain dairy products and other ingredients not exclusively derived from milk, sale of which are prohibited as per Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011 are excluded from this definition |
A definition of the term Analogue in the dairy context has been added which means a product in which constituents not derived from milk take the place, in part or in whole, of any milk constituent(s) and the final product resembles, organoleptically and/or functionally, milk or milk product or composite milk product as defined in these regulations.
Furthermore, please note that this definition does not include the admixtures of certain dairy products and other ingredients not exclusively derived from milk, sale of which are prohibited as per Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011
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| Item 3: Application of Dairy Terms.-
Sub-item: (f) Use of dairy terms for other foods.- Clause: (i) the names referred to in sub-items (b), (c), (d) and (e) of item 3 of sub-regulation 2.1.1 may be used as names or in the labelling of milk, milk products or composite milk products; |
Item 3: Application of Dairy Terms-
(i) the names referred to in sub-items (b), (c), (d) and (e) of item 3 of sub-regulation 2.1.1 may be used as names or in the labelling of milk, milk products or composite milk products; Provided that for the purpose of these Regulations, Analogues in the dairy context are not considered milk, milk products or composite milk products as defined in these regulations |
A proviso has been added to the existing provision under clause (i) of sub-item (f) (which deals with application of dairy terms) which clarifies that Analogues in dairy context will not be considered as milk, milk products or composite milk products with respect to this regulation. |
| Item 3: Application of Dairy Terms. –
Sub-item: (f) Use of dairy terms for other foods.- Clause: (ii) in respect of a product which is not milk, a milk product or a composite milk product, no label, commercial document, publicity material or any form of point-of-sale presentation shall be used which claims, implies or suggests that the product is milk, a milk product or a composite milk product, or which refers to one or more of these products:
(…)
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Item 3: Application of Dairy Terms. –
(ii) in respect of a product which is not milk, a milk product or a composite milk product, no label, commercial document, publicity material or any form of point-of-sale presentation shall be used which claims, implies or suggests that the product is milk, a milk product or a composite milk product, or which refers to one or more of these products unless provided otherwise in these regulations or other relevant regulations established by the Food Authority:
(…)
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Now, with the present amendment gaining effect any publicity or commercial document, labelling, point of sale presentation cannot be issued with respect to any product which is not a milk/ milk product implying or suggesting that such product is a milk/ milk product unless it has been provided in these Regulations or any other relevant regulation issued by the FSSAI
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| Item 5: Labelling of pre-packaged foods:
5. Labelling of pre-packaged foods. – Pre-packaged milk, milk products and composite milk products shall be labelled in accordance with these regulations, except to the extent otherwise expressly provided in item 3 of this sub-regulation. |
Item 5: Labelling of pre-packaged foods:
5.(a) All milk and milk products, including composite milk products, as defined in sub-item b, e, f, h and i of item 1 of this sub-regulation shall exclusively use the following logo on the product label:
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It has become mandatory to add a new logo on all milk and milk products, including composite milk products, as defined in sub-item b, e, f, h and i of item 1 of this sub-regulation.
Further, a detailed declaration has also been provided in the notification which is to be made on the label of ‘Analogues in the dairy context‘, in close proximity of the name of the product.
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Furthermore, the existing table provided under sub-item (b) Composition, under item 2 of sub-regulation 2.1.8 of the regulation, has been completely revised. The revised table and texts have been provided in the notification.
For a detailed read, please refer to the notification hyperlinked below .
