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On 11 April 2018, the Food Safety and Standards Authority of India (FSSAI) published a draft notification on the Food Safety and Standards (Labelling and Display) Regulations, 2018, which mandate the labeling requirements for prepackaged foods in India. Comments may be submitted by email to spstbt.enqpt@fssai.gov.in until 8 June 2018.
Verisk 3E Review
The Food Safety and Standards (Labelling and Display) Regulations, 2018 (2018 Draft Regulation) is a major revision from the 2011 labeling standard of the Food Safety and Standards (Packaging and Labelling) Regulations, 2011. The FSSAI amended this regulation in 2013 and 2015 based on public comments received from various stakeholders. The 2018 Draft Regulation proposes the revision of the current labeling requirements for prepackaged foods and the display of essential information on premises where food is manufactured, processed, served, and stored.
This regulation applies to “prepackaged food” which means food placed in a package of any nature, in such a manner that the contents cannot be changed without tampering, and which is ready for sale to the final consumer. According to the 2018 Draft Regulations, all food business operators will have to ensure that prepackaged food is compliant.
The 2018 Draft Regulations are comprised of four chapters: definitions, labeling requirements for prepackaged food for retail sale, labeling requirements of packaged food intended for non-retail sale (not for sale to final consumer), and labeling requirements for packaged food additives for retail and wholesale sales. The last two chapters were newly added.
The key highlighted revisions of the regulations include:
- The full revision of the “Nutritional Information” labeling requirement. There is a mention of food categories that do not require nutritional information labeling (unless a nutritional health claim is made on the label). An example of food falling under these categories are food which are single ingredient products (water, sugar, spices), non-nutritive products (coffee, tea, condiments), and packaged fresh produce;
- Mandatory declaration requirements of principle display panel of the package or container: requires specific essential information to be declared on the Front of Package (FOP) of the packaged food (e.g. name of food, declaration regarding vegetarian or non-vegetarian, and nutritional information related to RDA (recommended dietary allowance));
- Schedule IV of the regulations lays down the list of ingredients/additives in the prepackaged food that must be displayed with the “mandatory declaration” on the label, as well as the specific requirements/restrictions on methods of labeling certain types of foods (e.g. infant food, edible oil and fats, milk and milk products, GMOs, alcoholic beverages);
- Declaration of food additives in reference to the Food Safety and Standards (Food Product Standards and Food Additives) Regulation 2011;
- Specific requirements are established for food contact materials in non-retail containers and packaged food additives for retail sale; and
- Certain exemptions such as labeling for small packages, food with a short shelf-life, and food served for immediate consumption.
Other additional changes include symbol declarations of vegetarian and non- vegetarian labeling, food additives, net quantity, and expiry date.
Verisk 3E Analysis
Manufacturers and importers of prepacked food products will have to comply with all requirements in this Draft Regulation. When reviewing the current 2018 Draft regulations, businesses should review it in reference to the Food Safety and Standards (Packaging and Labelling) Regulations, 2011.
The full text of the Regulations is also available on FSSAI’s website.
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