FSSAI Restrictions to Prevent Harmful Additives, Misbranding, and Unsafe Food Sales

Introduction

Food safety is a pillar of public health and economic stability. India’s vast food system includes millions of producers, processors, retailers, and consumers. To ensure that the food available to the public is free from contaminants and misleading practices, the Food Safety and Standards Authority of India (FSSAI) enforces various regulations under the Food Safety and Standards Act, 2006. Among the most comprehensive of these is Clause 2.3 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011.

Clause 2.3 outlines specific prohibitions and conditions for the sale, use, and packaging of food articles in India. These rules address harmful substances, unsafe handling practices, adulteration, and mislabelling. The primary goal is to prevent consumers from being exposed to substances that are either toxic or nutritionally misleading.

Objectives of Clause 2.3

Clause 2.3 is framed to:

  • Protect public health from hazardous ingredients like mineral oils, nicotine, and carbide gas.
  • Prevent misrepresentation and deceptive marketing, especially with items like honey or edible oils.
  • Establish packaging standards to preserve quality and avoid contamination.
  • Ensure only clean, properly handled, and accurately labelled products reach consumers.
  • Regulate the use of artificial additives, colors, and processing aids to maintain food integrity.

Key Prohibitions and Restrictions Under Clause 2.3

Below is a breakdown of the major prohibited practices and restricted items under this clause:

1. Use of Harmful Additives and Substances

  • Mineral Oil: Foods coated with mineral oil are prohibited unless a specific standard permits such use. Mineral oils, when ingested over time, pose gastrointestinal and liver risks.
  • Tobacco and Nicotine: Absolute ban on the inclusion of tobacco or nicotine in any food product. This protects consumers from carcinogenic exposure through food.
  • Carbide Gas for Fruit Ripening: The artificial ripening of fruits using calcium carbide (popularly called carbide gas) is banned. Carbide releases acetylene gas, which mimics ethylene but can cause neurological and respiratory issues. Only controlled use of ethylene gas is permitted for ripening.

2. Misrepresentation and False Branding

  • Honey Standards: A product resembling honey cannot be sold as “honey” unless it meets the prescribed standards. This prevents consumers from being duped by sugar syrup-based imitations.
  • Admixtures in Ghee/Butter: Selling ghee or butter mixed with oils or substitutes is disallowed unless the product is freshly prepared and clearly declared.
  • Multi-Source Edible Oils: Cannot be sold under the label of any single oil like “mustard oil” or “sunflower oil.” The package must bear “Multi-source Edible Vegetable Oil” prominently.

3. Unsafe Food Sources and Contaminated Inputs

  • Naturally Dead Animals: Meat from animals that died naturally, without proper slaughter, is strictly banned from being sold or processed for food.
  • Insecticide Storage: Insecticides must not be stored alongside food products, except for designated household use, to prevent cross-contamination.

4. Specific Packaging and Labelling Rules

Clause 2.3 mandates that certain categories of food must only be sold in sealed, tamper-proof, and clearly labelled packaging:

  • Protein-rich Atta/Maida
  • Confectionery items over 500g
  • Edible Oils and Margarine
  • Asafoetida
  • Spices and Condiments

These items are prone to contamination and misbranding when sold loose.

5. Provisions on Additives and Industrial Processes

  • Artificial Sweeteners: Must be declared properly on the packaging along with regulatory warnings, as misuse can impact metabolic health.
  • Irradiated Foods: Food treated with radiation must carry appropriate labels and meet safety norms.
  • Natamycin in Cheese: If cheese is treated with Natamycin (a mold inhibitor), a clear declaration must be made on the label.
  • Vegetable Oils and Fats:
    • Cannot be sold loose under any circumstances.
    • Must not contain unauthorized flavors or colors.
    • Must adhere to limits on Total Polar Compounds (TPC), which indicate oil degradation.
    • Use of Diacetyl, a flavoring associated with lung disease, is completely banned in oils and fats.
    • Extraction using hexane is only allowed using food-grade hexane, and the residue must not exceed defined limits (ppm).

Labelling Requirements for High-Risk Products

Clause 2.3 places special emphasis on labeling requirements. Labels must:

  • Mention the product’s actual composition.
  • Avoid misleading names (e.g., calling multi-source oil by a single oil name is prohibited).
  • Provide nutritional and allergen information where required.
  • Indicate artificial additives like sweeteners or preservatives used.
  • Declare fortification (such as iron-fortified salt) accurately.

Failure to follow labelling norms may result in the product being deemed “misbranded,” attracting regulatory action.

Consumer-Focused Provisions

Several rules in Clause 2.3 are crafted to prevent everyday exposure to risks:

  • Only iodized salt is allowed for direct human consumption. Non-iodized salt can be sold only with a clear declaration and only for specific industrial or exempt uses.
  • Flavored Tea must be sold only by Tea Board–registered manufacturers with all labelling and packaging rules followed.
  • Fruits and Vegetables must be free from rot or unauthorized coatings. Only wax coatings derived from permitted substances are allowed, and must be declared on the label.

Compliance Expectations for Food Business Operators (FBOs)

The regulation imposes strict responsibilities on Food Business Operators (FBOs), including:

  • Procurement from compliant suppliers only.
  • Routine testing and analysis of raw materials and final products.
  • Training for staff to avoid accidental violations (like improper storage or incorrect labeling).
  • Systematic documentation to ensure traceability in case of regulatory checks.
  • Regular label updates to reflect current standards.

 

Any FBO caught violating Clause 2.3 could face:

  • Heavy fines under the FSS Act.
  • Product seizures or recalls.
  • Cancellation or suspension of license.
  • Imprisonment in severe cases of consumer harm.

Impact on the Food Industry

The restrictions under Clause 2.3 have significant implications for:

  • Packaged Food Manufacturers: Need robust systems to prevent unauthorized substances from entering the supply chain.
  • Retailers and Distributors: Must avoid selling loose oils, spices, or confectionery beyond defined limits.
  • Importers and Exporters: Must ensure labels match Indian norms, especially for irradiated or fortified products.
  • Traditional Food Outlets: Need training and support to adopt packaging and labeling practices.

These changes are necessary for aligning India’s food safety standards with global best practices, thereby enhancing domestic health outcomes and international food trade credibility.

Conclusion

Clause 2.3 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 forms a strong legal barrier against harmful food additives, unsafe practices, and deceptive sales tactics. With its detailed prohibitions and clearly defined conditions for sale, packaging, and labeling, it reflects a forward-looking vision of food safety in India.

The success of Clause 2.3 lies in its dual approach: a scientific foundation for health protection and a practical framework for implementation. Its impact is visible not just in regulatory compliance, but in the growing consumer awareness and industry accountability across India’s food supply chain.

As the food industry continues to evolve, Clause 2.3 will remain a central pillar ensuring that what reaches our plate is safe, nutritious, and trustworthy.

Read more about this Regulation: https://fssai.gov.in/cms/food-safety-and-standards-regulations.php 


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