Introduction
The Food Safety and Standards Authority of India (FSSAI) plays a crucial role in ensuring the safety, hygiene, and quality of food available in the Indian market. To safeguard public health, FSSAI has laid down stringent conditions under the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations. Regulation 2.3.14 of these regulations specifically addresses “Restrictions relating to conditions for sale”, setting clear boundaries for how certain food products should be stored, sold, and labelled.
These restrictions aim to prevent contamination, misleading claims, and unsafe packaging, while ensuring consumer awareness through proper labelling and product presentation. This article presents a comprehensive overview of the various sub-regulations under this clause and their implications for food business operators (FBOs) in India.
1. Prohibition of Insecticide Storage Near Food
Provision: No person shall store, expose for sale or permit the sale of any insecticide in the same premises where articles of food are stored, manufactured or exposed for sale.
Exception: Approved household insecticides registered under the Insecticides Act, 1968.
Purpose:
2. Use of Plastic Articles in Commercial Food Service
Provision: No person shall sell or serve food in a “commercial establishment” in plastic articles unless the material conforms to food-grade standards.
Explanation: “Commercial establishment” includes any government or private entity that serves or sells food.
Purpose:
3. Packaging of Iron-Fortified Common Salt
Provision: Must be sold only in high-density polyethylene (HDPE) bags of specified mesh and density.
Label Reference: As per Regulations 2.4.5 (21 & 42) of the Packaging and Labelling Regulations, 2011.
Purpose:
4. Labelling of Natamycin-Treated Cheese
Provision: Cheese (hard) treated with Natamycin must bear the appropriate label.
Label Reference: Regulation 2.4.5 (33) of the Packaging and Labelling Regulations.
Purpose:
5. Sale of Protein-Rich Atta and Maida
Provision: To be sold only in packed conditions with ingredient names on the label.
Purpose:
6. Restriction on Sale of Sal-Seed Fat
Provision: Can be used only for bakery and confectionery; must be refined and labelled accordingly.
Label Reference: Regulation 2.4.5 (19).
Purpose:
7. Packaging Requirement for Confectionery Over 500g
Provision: Must be sold in packed condition. Unpacked confectionery to be kept in glass or suitable containers.
Explanation: Includes sugar boiled sweets, lozenges, chewing gum, and bubble gum.
Purpose:
8. Refining Requirement for Edible Oils
Provision: All edible oils (except coconut and olive oil) imported in crude or raw form must be refined before sale.
Label Requirement: As per Regulation 2.4.2.
Purpose: Ensures removal of harmful residues and improves safety for human consumption.
9. Sale of Multi-Source Edible Oil (MSEO)
Provision:
Cannot be sold loose; must be packed in sealed, tamper-proof containers not exceeding 15 kg.
Cannot be sold under a generic name but only as “Multi-source edible oil”.
Purpose:
10. Sale of Flavoured Table Margarine
Provision: To be sold only in sealed packages of not more than 500g with label declaring added colour and flavour.
Purpose:
11. Restrictions on Fat Spread
Provision:
Cannot be sold in loose form; to be sold only in sealed 500g packages.
The word “butter” cannot be used in the product name or label.
Label Requirement:
As per Regulation 2.4.2.
Purpose:
12. Compounded Asafoetida Sales
Provision:
Compounded asafoetida over 1 kg must be sold in sealed containers with labels.
Purpose:
13. Sale of Powdered Spices and Condiments
Provision: Must be sold only in packed conditions.
Explanation: Includes all spices listed in section 2.9 of the Food Products Standards and Food Additives Regulations.
Purpose:
14. Labelling of Bhatti Katha
Provision:
Katha prepared using traditional ‘Bhatti’ method must be clearly marked as “Bhatti Katha”.
Purpose:
15. Use of Artificial Sweeteners
Provision: Food containing permitted artificial sweeteners must be sold only in packed condition with labels as per Regulations 2.4.5 (24, 25, 26, 28, and 29).
Exception: Products sold through vending machines must display the relevant labels on the machine and on cups or containers.
Purpose:
16. Sale of Irradiated Foods
Provision: Must be sold only in pre-packed condition with packaging compliant to Regulation 2.4.4.
Purpose:
17. Trans Fatty Acid Limit in Processed Foods
Provision: From 1st January 2022, industrial trans fats in food products must not exceed 2% by mass of total fats.
Purpose:
Compliance Challenges and Recommendations
Key Challenges:
Recommendations:
Conclusion
The conditions for sale under Regulation 2.3.14 reflect FSSAI’s commitment to public health, food integrity, and consumer rights. From controlling loose sales to enforcing stringent labelling norms, these provisions create a transparent and safe food ecosystem.
Compliance is not only a regulatory necessity but also a competitive advantage for brands aiming to build trust. As food systems become more globalized and complex, strict adherence to these norms will be pivotal in protecting consumer interest and improving India’s standing in global food safety indices.
Read more about the regulation from: https://fssai.gov.in/cms/food-safety-and-standards-regulations.php
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