Question : FSSAI

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

(a) whether Food Safety and Standards Authority of India (FSSAI) is responsible for implementing the Food Safety and Standards (FSS) Act, 2006, if so, the details thereof;

(b) whether it is a fact that neither FSSAI nor the state food authorities have documented policies and procedures on risk-based inspections and the FSSAI does not even have a database on food businesses in the country;

(c) if so, the response of the Union Government thereon;

(d) whether there is an acute shortage of licensing and enforcement officers in the States which has severely affected food safety measures and if so, the details thereof;

(e) whether there is lack of food safety authorities in districts and if so, whether the Union Health Ministry has sought appointment of Sub-Divisional Officers as ‘designated officers’ for food safety in every district; and

(f) if so, the details thereof and the steps taken by the Union Government in this regard?

ANSWER
THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND
FAMILY WELFARE
(SHRI ASHWINI KUMAR CHOUBEY)
(a): The Food Safety and Standards Authority of India (FSSAI) has been established under the Food Safety and Standards Act, 2006 for laying down science based standards for articles of food and to regulate manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for human consumption.

As per Section 29 of the Food Safety and Standards Act (FSS) Act, 2006, the Food Authority and the State Food Safety Authorities shall be responsible for enforcement of the Act.

(b) & (c): To optimally utilise the limited regulatory manpower with States/UTs and to focus on high-risk food businesses, FSSAI has developed a comprehensive Risk Based Inspection System (RBIS). Under this system, food businesses are categorised according to risk involved which forms the basis for prioritisation and frequency of inspection. Licensed/registered food establishments have been identified on the basis of risk category (high, medium and low risk) and this has been shared with States/UTs and they have been requested and advised to start carrying out inspections of Food Business Operators’ premises based on risk associated with the food products.

Regarding Food Business Operators (FBOs) still operating without obtaining license/registration under FSS Act, 2006, States/UTs have been asked to identify all such FBOs operating in their jurisdiction and share their data with FSSAI

(d): There is shortage of licensing and enforcement offices in most of the States/UTs. The FSSAI has been continuously pursuing the issue with the States/UTs through letters, Video Conferences and through platform of Central Advisory Committee meetings urging the States/UTs to augment the enforcement manpower. Consequently, over the past few years, State Governments like Gujarat, Goa, Kerala, Tamil Nadu and Uttar Pradesh have done a commendable job in creating a vibrant and strong food safety ecosystem in their respective jurisdictions. All these States have at least one Designated Officer (DO) in each district and at least one Food Safety Officer (FSO) in each sub-district (Taluk/Tehsil) level. They have additional DOs/FSOs in urban areas, particularly for large cities and some at the headquarter as well. Other States /UTs have also been asked to take immediate action to address this issue of shortage of regulatory staff for effective compliance and enforcement.

(e) & (f): The Food Safety and Standards Rules, 2011 have been amended by the Government vide GSR. 1516(E) dated 13th December, 2017 by which clause (ia) was inserted in sub-rule 1 (relating to qualification) of rule 2.1.2 which empowers the Commissioner of Food Safety to appoint Sub-Divisional Officer of the area on additional charge basis as Designated officer, with the previous approval of the State Government.