Menu labelling is aimed at keeping the consumers informed about the calorific value and nutritional content of the food. In India, eating out has become regular nowadays. It is critical for end users to understand what they are consuming. Labelling the requirements of food products is a crucial step toward helping consumers make informed choices while ordering food. Menu labelling provides:

• Information to make well-informed choices.

• Help consumers choose smaller portions.

• Promote public health.

In the recent past, one can witness that the Food Safety and Standards Authority (FSSAI) has served notices to several food service establishments for not complying with the latest norms issued by the regulator on labelling and displaying the calorie count of dishes on their menus. The FSSAI in its notices to restaurants, including some five-star hotels, has warned that those who have failed to comply with its order will have to shut shop. FSSAI has gone serious with the aspects of consumer health and has been taking serious cognizance of the food operators flouting the legal norms. Organizations without a compliance management system are facing quite several issues these days. Since a compliance management tool helps to keep a track of all applicable compliances with updated information and keep a digital repository of all compliance proofs and libraries. Further, with click of a button, you can generate reports and show them to your board or submit them on various of your reports.

This Blog is intended to help, and guide regulated food service premise owners and operators to understand and implement menu labelling requirements as per the aforementioned regulations.

FSSAI is a statutory body established under the Food Safety and Standards Act, 2006 responsible to regulate food safety in India. FSSAI has been in the last couple of years introducing several amendments/enactments to the food safety laws.  Some of the key compliances have been imposed over the Food Service Establishments under Chapter III of the Food Safety and Standards (Labelling and Display) Regulations, 2020[1] which became effective on 1st July 2022.

The above regulations require the food service establishments having central license or outlets at ten or more locations to mention the calorific value of the food product/dish, allergen information and logo of vegetarian/non-vegetarian food is to be displayed on Menu Cards/ Menu Boards/Display Boards/Booklets.

In addition to the above, the handouts/booklets/website/digital application/advertisement material (both digital and printed) where the menu/dish/product is displayed for information or ordering shall contain detailed nutritional information and other declarations as mentioned below:

Calorific Value and Serving size:

The serving size of the food product/dish should also be mentioned clearly against the food items in the menu. Calorific value or energy (in kcal per serving and serving size) against the food items needs to be displayed, adjacent to its name or price.

In addition, the reference information on calorie requirements shall also be displayed clearly and prominently in the form of this statement, “An average active adult requires 2,000 kcal energy per day, however, calorie needs may vary”. However, flexibility in the wordings of the above statement is acceptable, provided that the meaning of the statement is not altered.

Note: Deviation of 25 percent in case of calorific value is tolerable.

Allergen information;

Information relating to allergens is to be declared, if food consists of or are made of the following:

1. Cereals containing gluten; i.e., wheat, rye, barley, oats, spelt or their hybridized strains and products of these;

2. Crustacean and their products;

3. Milk and milk products;

4. Eggs and egg products;

5. Fish and fish products;

6. Groundnut, tree nuts and their products;

7. Soybeans and their products;

8. Sulphite in concentrations of 10mg/kg or more.

The allergen information may be declared in the form of easy to understand symbols or as text.

Non-Compliance or failure on meeting the above requirements has serious implications and attracts a penalty of 3 lakhs. If such offence is repeated for more than once, then the license stands cancelled, and a penalty of double fine is imposed with a daily fine of 1 lakh rupees. The Court may also publish offender’s name, residence and the penalty imposed on the offender at the offender’s expense.

The Nutritional information on the labels of food item enable the consumers to make healthier food choices. However, the non-compliance to these norms have led the FBOs into trouble.

Lexplosion Solutions has been over the past several years keeping its clients abreast with the changing legal landscape around the food safety laws, helping them comply with the changing legal norms thereby reducing any concerns around non-compliance. Komrisk, our Flagship Compliance Management Tool can help you in mitigating overall compliance risk. Connect with us to know how you can mitigate your risk around the food safety laws impacting your business. To know more connect with us now!

[1] https://www.fssai.gov.in/upload/uploadfiles/files/Compendium_Labelling_Display_30_06_2022.pdf

Written by: Amanya Gangawat

Co Authored by: Anchal Sharma

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