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Polity & Governance
Mahesh

03/10/24 10:24 AM IST

Food safety laws in states

In News
  • The Uttar Pradesh government recently made it mandatory for food establishments to “prominently” display to customers the names of “the operator, proprietor, manager, and other relevant personnel”.
Regulations for selling food in India
  • Anyone who intends to operate a food business is required to either register or license their business from the Food Safety and Standards Authority of India (FSSAI), a body established under the FSSA to monitor and create regulations for how food should be processed, distributed, sold, and imported to ensure “safe and wholesome” food.
  • Under the Food Safety and Standards (Licensing and Registration of Food Businesses) Rules, 2011 (enacted under the FSSA), “Petty Food Manufacturers” such as small-scale food businesses, hawkers, vendors, and stall holders, are required to register with the FSSAI.
  • If the registration is approved, the Petty Food Manufacturer receives a registration certificate and a photo identity card “which shall be displayed at a prominent place at all times within the premises or vehicle or cart”.
  • Under the same Rules, operators of relatively large businesses have to obtain a licence from the food authority.
  • The licence, too, must be “displayed at a prominent place at all times within the premises where the Food Business Operator carries on the food business”.
  • In both situations, therefore, the owner’s identity and the establishment’s location are already required to be displayed (through the photo ID and the licence issued by FSSAI).
  • Under Section 63 of the FSSA, any operator carrying on a food business without a licence can be punished with up to six months in prison and a fine of up to Rs 5 lakh.
States rules
  • Section 94(1) of the FSSA states: “Subject to the powers of the Central Government and the Food Authority to make rules and regulations respectively, the State Government may, after previous publication and with the previous approval of the Food Authority… make rules to carry out the functions and duties assigned to the State Government and the State Commissioner of Food Safety under this Act and the rules and regulations made thereunder”.
  • Matters on which state governments can make rules are detailed in Section 94(2).
  • Under Section 94(2)(a), states can make rules on matters that come under “other functions of the Commissioner of Food Safety under clause (f) of sub-section (2) of section 30”.
  • The Commissioner of Food Safety is appointed by the state government under Section 30 to ensure “efficient implementation” of the FSSA and its accompanying rules and regulations.
  • Sections 30(2)(a) to (e) cover specific functions of the Commissioner of Food Safety (carrying out surveys, training programmes, and approving prosecution for offences, etc.); Section 30(2)(f) gives the Commissioner a broad mandate — “such other functions as the State Government may, in consultation with the Food Authority, prescribe”.
  • Section 94(2)(c) allows the state government to make rules for “any other matter which is required to be, or may be prescribed or in respect of which provision is to be made by rules by the State Government”.
  • Section 94(3) requires that the rule must be placed before the state legislature for approval “as soon as may be”.
Source- Indian Express

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