Background:
Ensuring public access to safe and wholesome food is a foundational responsibility of every modern nation. The Food Safety and Standards Authority of India (FSSAI), under the Food Safety and Standards Act, 2006, is the central regulatory authority tasked with safeguarding consumer health and promoting fair practices in the food trade. As part of its broad mandate, FSSAI enforces specific regulations prohibiting or restricting the use of certain food ingredients that are scientifically known to be harmful, even if historically accepted in diets.
One such regulation is Clause 2.2 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, which places stringent restrictions on the use of Kesari Dal (Lathyrus sativus) and its derivatives. Though traditionally consumed in some parts of India, Kesari Dal has been linked with serious neurological disorders and is therefore restricted for public health reasons.
This article delves into the scientific rationale, regulatory framework, linguistic considerations, and practical implications of Clause 2.2, which addresses the prohibition on the sale and use of Lathyrus sativus in food production and trade.
Clause 2.2 – Overview and Scope
Clause 2.2 specifically restricts the sale, offering for sale, exposure for sale, or possession for sale of Lathyrus sativus (commonly known as Kesari Dal or Kesari Gram), as well as its derivatives, mixtures, and products. This applies to all Indian states from the date specified by the respective state governments via notification in their official gazette.
The following food items and combinations are expressly restricted:
These restrictions are absolute unless a state government specifies otherwise through official notification. Even in cases of incidental contamination or accidental presence, Clause 2.2 allows a maximum permissible limit of 2% of Lathyrus sativus in gram or pulse mixtures.
Scientific and Health Rationale for the Ban
The basis for Clause 2.2 lies in robust medical and toxicological studies that have shown a strong link between consumption of Lathyrus sativus and neurolathyrism, a degenerative disorder of the nervous system. This condition is characterized by:
The neurotoxin responsible is β-N-Oxalyl-L-α,β-diaminopropionic acid (ODAP), which is naturally present in Lathyrus seeds. While the crop is drought-resistant and cheap to cultivate—often consumed by economically weaker populations during famine or scarcity—it is toxic in large quantities or when consumed regularly.
As a result, public health bodies, including the Indian Council of Medical Research (ICMR) and the World Health Organization (WHO), have issued cautions regarding its unrestricted use. FSSAI’s Clause 2.2 thus functions as a preventive regulation rooted in well-established scientific evidence.
Cultural and Historical Context of Kesari Dal
Kesari Dal has a long history of consumption in rural India, particularly in regions like Uttar Pradesh, Bihar, Madhya Pradesh, Chhattisgarh, Odisha, and parts of Maharashtra and Andhra Pradesh. It was often used as a cheap substitute for more expensive pulses like arhar, moong, or masoor.
Its popularity stemmed from:
However, this historical utility does not override the health risks it poses. The regulation carefully considers this context by allowing up to 2% of incidental contamination, recognizing that minor traces may unintentionally occur during harvesting or transportation.
Linguistic and Regional Identifiers
Clause 2.2 goes a step further by providing an exhaustive list of names for Kesari Dal in multiple Indian languages, which is critical for enforcement across India’s diverse linguistic landscape. Here are a few key examples:
By identifying regional aliases, the regulation ensures clarity in compliance, especially for small traders, farmers, and enforcement officers.
Regulatory Framework and State-Level Implementation
While Clause 2.2 is a national directive under the FSSAI, enforcement is tied to state-level notifications. Each state must publish its own effective date of implementation in the official gazette. This decentralization allows flexibility for states to phase in the restriction based on local consumption patterns, availability of alternatives, and awareness levels.
States may also conduct public awareness drives or issue additional guidelines for local FBOs (Food Business Operators), especially during harvest or market season for pulses.
Impact on Food Business Operators (FBOs)
Food Business Operators—especially those involved in pulse milling, flour production, retail packaging, and exports—must ensure:
Failure to comply with Clause 2.2 can lead to:
Consumer Implications
For consumers, especially in rural areas, the restriction has multiple benefits:
FSSAI and state governments periodically release advisories and conduct awareness drives, particularly in states with high historical use of Kesari Dal.
Allowable Limit and Justification
Even though the regulation bans direct sale or use of Kesari Dal, it allows a tolerance limit of 2% for unintentional contamination in pulses or flour. This limit is:
This thoughtful flexibility ensures that food businesses are not penalized for trace-level, non-intentional mixing during harvest or transit.
Conclusion: A Model Clause in Risk-Based Food Regulation
Clause 2.2 of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 demonstrates how regulatory frameworks can be scientifically robust, contextually aware, and enforceable across a diverse population. By targeting Lathyrus sativus (Kesari Dal)—a known neurotoxic agent—it removes a major food safety threat while offering operational leeway through permissible thresholds.
This clause not only reflects India’s evolving food safety laws but also balances public health with ground realities. As India progresses toward a safer and more reliable food system, regulations like Clause 2.2 play a foundational role in shaping national food safety policy and protecting the health of millions.
Read more about the regulation from: https://fssai.gov.in/cms/food-safety-and-standards-regulations.php
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