FSSAI operationalises the draft Food Safety and Standards (Licensing and Registration of Food Business) Amendment Regulations, 2018

Food Safety and Standards Authority of India (“FSSAI”) has, vide a notification dated 15th  February, 2018, introduced the draft Food Safety and Standards (Licensing and Registration of Food Business) Amendment Regulations, 2018 (“Draft Amendment Regulations”) to further amend the Food Safety and Standards (Licensing and Registration of Food Business) Regulations, 2011 (“Principal Regulations”).

The FSSAI has also directed the operationalization of the Draft Amendment Regulations, with immediate effect, till they are notified.

Key Amendments made by the Amendment Regulations:

  • In order to regulate the online marketing companies involved in the selling of food items, the category of “E-Commerce” has been included under the kind of business.

(a)  The Draft Amendment Regulations have inserted the definition of the terms “Digital and electronic network”, “E-commerce”, “E-commerce FBO”, “Inventory based model of e-commerce FBOs” and “Marketplace based model of e-commerce FBO” under Regulation 1.2 of the Principal Regulations

(b)  The Draft Amendment Regulations also inserted a new Regulation 2.2 prescribing the procedure for licensing and registration of e-commerce business operators along with their responsibilities

  • The Draft Amendment Regulations have also revised and substituted the provisions of
  • Part II of Schedule 4 of the Principal Regulations dealing with the ‘General Requirements on Hygienic and Sanitary Practices to be followed by all Food Business Operators applying for License’, to simplify and facilitate the implementation the of Good Manufacturing Practices (GMP) and Good Hygiene Practices (GHP) and to meet the regulatory requirements; and
  • Part V of Schedule 4 of the Principal Regulations dealing with ‘Specific Hygienic and Sanitary Practices to be followed by Food Business Operators engaged in catering / food service establishments’ by provisions relating to ‘Good Hygienic and Manufacturing Practices to be followed by licensed Food Business Operators engaged in catering or food service operations’, in order to include provisions relating to manufacturing practices, besides the hygienic practices, to be followed by licensed FBOs.

The Draft Amendment Regulations have:

  • simplified the General Requirements on Hygienic and Sanitary Practices to be followed by all Food Business Operators; and
  • good hygienic and manufacturing practices to be followed by licensed food business operators engaged in catering or food service operations;

    to ensure consistent implementation of these requirements by food businesses across the food supply chain.

The enforcement of these Draft Amendment Regulations shall commence only after the Final Regulations are notified in the Gazette of India.

Background:

Since the Final Regulations will take some more time before being notified and enforced, the FSSAI, keeping in mind the public health interest and to ensure food safety of the Food Business Operators (“FBOs”), decided to operationalize these Draft Amendment Regulations with immediate effect.

Moreover, such operationalization would also enable FSSAI to get the feedback regarding difficulties, if any, faced in implementing the amended/new provisions which can d be suitably taken into consideration at the time of finalization of the single comprehensive amendment to the given regulations.

Please refer to the attached document for the Draft Amendment Regulations.

Source: Food Safety and Standards Authority of India

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