Mandatory Declarations and Exemptions under FSSAI Labelling Norms: A Regulatory Overview

Food labelling plays a critical role in ensuring transparency, consumer protection, and informed decision-making. The Food Safety and Standards (Labelling and Display) Regulations, 2020, framed by the Food Safety and Standards Authority of India (FSSAI), mandate various declarations and exemptions to streamline how information is shared with consumers. This article delves into the provisions under Regulation 8 which focuses on mandatory declarations and exemptions from labelling requirements, especially for specific food types and packaging conditions.

Mandatory Declarations

1.1 Schedule-II Compliance

All packaged food products that contain ingredients and/or additives listed in Schedule-II of the regulations must prominently display this information on the label. These include:

  • Declaration regarding artificial sweeteners,
  • Declaration about presence of trans fats,
  • GM food-related information,
  • Declaration of added monosodium glutamate (MSG),
  • And other specialized ingredients that may have implications for health or religious dietary restrictions.

To ensure visibility and consumer comprehension, the minimum height of numerals and letters used for these declarations should not be less than 3 mm based on the letter “l”. This is aimed at eliminating ambiguity and ensuring clarity in compliance language.

1.2 FSSAI’s Power to Amend

The Food Authority holds the power to add, delete, or modify the list of ingredients and additives requiring mandatory declarations. This ensures that the regulations remain dynamic and responsive to new scientific evidence, technological innovations, and public health concerns.

2. Special Cases Where Declarations Are Modified or Exempted

2.1 Refillable Bottles

In the case of liquid products marketed in reusable bottles, the regulation grants an exemption from the requirement to declare the list of ingredients, provided these bottles are meant to be refilled. However, such products must still include nutritional information as mandated under Regulation 5(3). This balances environmental sustainability (encouraging reusable packaging) with consumer rights to nutritional data.

2.2 Foods with Short Shelf-Life

Foods that have a shelf-life of not more than seven days are not required to mention the “Date of Manufacture” on their labels. However, the “Expiry Date” or “Use By” date is mandatory, as it is

critical to consumer safety. This provision is particularly relevant to fresh bakery items, dairy products, and chilled foods.

2.3 Prepared Foods for Immediate Consumption

Prepared food served for immediate consumption—such as meals provided by hotels, caterers, hospitals, halwais, or food services on airlines, railways, or mobile vending units—need not bear full product labels but must display or accompany the following minimum information at the point of sale or service:

  • Specific declarations under:
    • Sub-regulation 1.1 (1), (2), (3)
    • Sub-regulation 1.4 (3), (4)
    • Sub-regulation 1.9 of Schedule-II
  • Allergen information
  • Vegetarian or Non-Vegetarian Logo (green or brown symbol)

These requirements aim to safeguard consumer interests even when food is consumed on the go or in non-retail settings.

2.4 Food from Vending Machines

For food served via vending machines, FSSAI mandates an additional display of labelling information such as nutritional data and mandatory declarations. These may be presented through:

  • Digital display on the vending machine
  • Posters or leaflets near the machine
  • Container labels (if applicable)

This ensures that even in self-service situations, consumers receive complete and accurate food-related information.

3. Exemptions When Information is Embedded in GTIN/Barcode

In cases where food products use a Global Trade Identification Number (GTIN) or Barcode system, certain label elements can be exempted from being physically printed on the package if they are available through the code. These include:

  • Name and complete address of the brand owner, regardless of whether they are the actual manufacturer or merely marketer/packer.
  • License number of the manufacturer, marketer, or bottler (if different from the brand owner)

This digital-first approach allows better inventory tracking and is particularly useful in high-volume retail environments, reducing label clutter while maintaining regulatory traceability.

4. Shelf-Life Labelling for Assorted Packs

In the case of assorted packs (which contain a variety of food products within a single package), the shelf-life declaration must correspond to the item with the shortest shelf life among all the contents. This ensures that consumers are not misled into consuming expired components of the pack while assuming all contents are safe.

5. Exemptions for Small Packaging (Less than 100 sq. cm.)

For packages with a surface area less than 100 square centimeters, several labelling requirements are exempted. These include:

  • List of ingredients
  • Lot Number, Batch Number, or Code Number
  • Nutritional Information
  • Label declaration for irradiated food
  • Food additive declarations
  • FSSAI License number and logo
  • Name and address of importer (in case of imported food)
  • Instructions for use

However, these details must be provided on the outer packaging or multi-unit pack, if applicable. This provision ensures practical labelling for small products like spice sachets, mini-candy packs, or bite-sized confectioneries, without compromising access to necessary information.

6. Implications for Stakeholders

6.1 For Food Business Operators (FBOs)

  • FBOs must implement label updates dynamically based on additions or changes made by FSSAI to Schedule-II.
  • They should ensure visibility and font size compliance for mandatory declarations.
  • In the case of assorted packs or vending machines, cross-functional coordination is necessary to ensure all data is properly displayed.

6.2 For Regulators

  • Field inspectors and enforcement authorities should be trained to verify declarations on newer label formats including GTIN-enabled products.
  • Regulatory audits may require digital decoding of barcodes to retrieve exempted details.

6.3 For Consumers

These regulations ensure that:

  • Consumers receive critical health-related information even in unconventional food environments (like mobile catering).
  • Transparency is preserved even in the absence of physical labels (via digital tools).
  • Declarations about allergens, additives, and synthetic substances help individuals with health conditions or dietary preferences make safe choices.

7. Conclusion

The FSSAI’s Mandatory Declarations and Exemptions from Labelling Requirements reflect a careful balance between consumer rights, industry feasibility, and technological advancements. Whether it’s declaring allergens on a hospital meal or omitting certain details from a barcode-enabled label, the emphasis is on accountability, clarity, and accessibility.

These provisions uphold India’s commitment to global best practices in food safety, labelling transparency, and regulatory compliance. Food businesses must stay agile and routinely audit their labelling practices to remain aligned with the ever-evolving regulatory ecosystem under the Food Safety and Standards Act, 2006.

Penalty for non-compliance:

Any person who whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is misbranded, shall be liable to a penalty which may extend to three lakh rupees.

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. 

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