Special Provisions Relating to the Sale of Vegetable Oil and Fat under FSSAI Regulations

Introduction

Vegetable oils and fats are an integral component of the Indian diet and a crucial part of the food industry. Given their widespread use and potential health implications, the Food Safety and Standards Authority of India (FSSAI) has laid down “Special Provisions Relating to Sale of Vegetable Oil and Fat” under the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011. These provisions aim to safeguard public health by enforcing strict quality, packaging, processing, and compositional standards.

This article provides a detailed interpretation of these provisions, their implications for food business operators (FBOs), and the practical considerations to ensure compliance.

1. Quality and Packaging of Edible Oils

Provision:

No person shall sell, expose for sale, distribute, or deliver any edible oil:

(a) That does not conform to the standards of quality under the Food Safety and Standards Act, 2006.

(b) That is not packed, marked, and labelled as specified in the regulations.

Exception: The State Government, for public interest and specific circumstances, may exempt certain edible oils by notification in the Official Gazette.

Significance:

  • Prevents sale of substandard, adulterated, or unsafe edible oils.
  • Mandatory packaging ensures traceability, hygiene, and proper labelling.
  • Loose oil sales are banned unless exempted through official notification.

Practical Impact:

  • All edible oils must be sold in tamper-proof containers with FSSAI-compliant labels.
  • Retailers must verify sourcing from licensed manufacturers or distributors.

Street vendors and local oil mills are also bound by this restriction unless exempted.

2. Ban on Harmful Additives in Vegetable Oils

Provision:

No vegetable oil shall contain any harmful colouring, flavouring, or other substances deleterious to health.

Rationale:

  • Adulteration of oils with non-edible or toxic substances poses grave health risks.

Use of industrial dyes or unapproved flavours may mislead consumers about the oil’s quality.

3. Permissible Oils for Vanaspati and Fat-based Products

Provision: Vanaspati, interesterified vegetable oils or fats, bakery shortening, industrial margarine, table margarine, and fat spreads shall be made only from edible oils:

  • Whose standards are defined in sub-regulation 2.2 of the Food Products Standards and Food Additives Regulations, 2011, or
  • Any other edible vegetable oil with prior approval of the Food Authority.

 

Products Covered:

  • Vanaspati (hydrogenated oils)
  • Bakery and industrial margarine
  • Fat spreads and shortening
  • Interesterified fats (chemically rearranged fats)

Purpose:

  • Ensures only food-grade and safe oils are used in fat-based processed foods.
  • Prevents unauthorized or experimental oils from entering food production.

4. Restrictions on Colour and Flavour in Hydrogenated Oils

Provision: No colour shall be added to hydrogenated vegetable oil unless authorized by the Food Authority. Under no circumstances shall the colour resemble that of ghee.
Any added flavour must be distinct from that of ghee and approved by the Food Authority.

Purpose:

  • Prevents deceptive marketing or misrepresentation of hydrogenated oils as ghee.
  • Protects consumers from confusing synthetic products with natural ones.

Industry Practice:

  • Use of yellow dyes or butter-like essence in vanaspati is prohibited unless permitted.
  • Labels must clearly state “This is not ghee” where applicable.

5. Use of Additives like Antioxidants and Emulsifiers

Provision: No antioxidant, synergist, emulsifier, or any such substance shall be added to vegetable oils without prior sanction of the Food Authority.

Additives in Question:

  • Antioxidants: Delay rancidity in oils (e.g., BHA, BHT).
  • Synergists: Enhance antioxidant effectiveness.
  • Emulsifiers: Enable oil-water blending (used in processed foods).

6. Restrictions on the Use of Solvents

Provision: No solvent other than n-Hexane (Food Grade) shall be used for extracting cocoa butter, oils, fats, or edible soya flour.

Solvent residue limits are defined as follows:

Solvent

Food Article

Tolerance Limit (mg/kg)

n-Hexane (Food Grade)

Refined solvent extracted cocoa butter

5.00

n-Hexane (Food Grade)

Refined solvent extracted oils & fats

5.00

n-Hexane (Food Grade)

Solvent extracted edible soya flour

10.00

Purpose:

  • Ensures safe processing of oil-bearing materials.
  • Prevents health risks from residual industrial solvents.

7. Ban on Diacetyl as a Flavouring Agent in Oils and Fats

Provision: Use of diacetyl as a flavouring substance in oils and fats is restricted.

What is Diacetyl?

  • A naturally occurring compound used to impart buttery flavour.
  • Associated with respiratory issues in industrial workers exposed to high levels.

8. Regulation of Total Polar Compounds (TPC) in Oils

Provision:

  • TPC in fresh or unused oil/fat must not exceed 15%.
  • Used oil/fat with TPC above 25% must not be used.

 

What are TPCs?

  • Total Polar Compounds are degradation products formed when oils are reused or over-heated.
  • High TPC levels are harmful and may indicate toxic byproducts like acrolein.

 

Implication for Businesses:

  • Especially relevant for restaurants, hotels, cloud kitchens, and food manufacturers using frying oils.
  • Reuse of cooking oil should be limited and monitored.
  • Adoption of TPU analyzers or strip tests is encouraged.

 

Enforcement and Penalties

Non-compliance with these provisions can attract:

  • Penalties under Section 50–59 of the FSS Act, 2006 (e.g., misbranding, unsafe food).
  • Suspension or cancellation of FSSAI license.
  • Product seizure or recall.
  • Prosecution in cases of health hazard or intentional adulteration.

 

Policy Evolution and Public Interest

The proviso allowing State Governments to exempt specific oils from packaging requirements (under Clause 1) reflects flexibility for rural or remote markets, especially during crises (e.g., natural disasters or pandemics). However, such exemptions must be documented with reasoned orders and published in the Official Gazette.

FSSAI has also promoted public awareness campaigns like RUCO (Repurpose Used Cooking Oil) to encourage responsible oil disposal and recycling into biofuels.

Conclusion

Vegetable oils and fats are foundational ingredients in Indian kitchens and food industries. The special provisions governing their sale under the FSSAI framework provide a robust legal shield to ensure their purity, safety, traceability, and nutritional integrity. For food business operators, aligning with these rules is not only a legal duty but a moral obligation to protect public health.

Robust internal controls, supplier audits, testing protocols, and training are vital to stay compliant. With regulatory authorities becoming increasingly vigilant and digital monitoring systems like FoSCoS and Food Safety Compliance System in place, adherence to these provisions will play a critical role in shaping the future of food safety in India.

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

To stay updated Subscribe to our newsletter today

Explore other Legal updates on the 1-Comply and follow us on LinkedIn to stay updated 

Post Views: 37

Schedule A Demo