Food Law Course Module 1 - Ilw

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Certificate Course on

Food Law & Consumer


Protection in India
INTRODUCTION

Food safety is of the utmost importance for public


health, and governments throughout the world enact
tough rules and regulations to protect consumers.
Keeping the food supply chain safe in India, a
country with a rich and diverse culinary tradition,
has always been a difficulty.
RELEVANCE OF FOOD LAW
COURSE
1. High Relevance in Today’s Expanding Food Industry
With India’s food sector growing rapidly, food law expertise is essential for ensuring safety, quality, and compliance
in an increasingly regulated environment.
As consumer awareness rises, the demand for transparency, food safety, and ethical practices drives the need for
qualified food law professionals.

2. Diverse Career Opportunities Across Sectors


Corporate Roles: Work as compliance officers, legal advisors, or quality assurance managers in major food
companies, startups, and multinational corporations.
Litigation and Consumer Advocacy: Represent clients in cases of food safety violations or work with NGOs to protect
consumer rights.
Government Positions: Opportunities in FSSAI, Ministry of Health, and state-level food safety bodies as inspectors,
enforcement officers, or policy analysts.

3. Evolving Regulations and Global Standards


India’s food laws are rapidly evolving to align with international standards, opening doors for food law professionals
to work both domestically and globally.
Specialized knowledge in food law is highly valued, with opportunities to contribute to policy, research, and
innovation in food safety.

4. Competitive Edge in a Niche Field


Career Opportunities in Food Law in India

• Regulatory Compliance Officer: Ensures FSSAI and international compliance in


FMCG and food companies (e.g., Nestlé, ITC) through audits and corrective
measures.

• Legal Advisor/Corporate Counsel: Advises on contracts, IP, labeling, and safety


standards for food businesses, both in-house and as consultants.

• Quality Assurance & Risk Manager: Oversees product quality, conducts risk
assessments, and ensures safety in manufacturing units.

• Policy Analyst: Monitors regulatory impacts and advises food companies or


industry associations (e.g., CII, FICCI) on compliance strategies.

• Litigation Lawyer: Represents clients in food safety, product liability, and


consumer rights cases, specializing in FSSAI regulations.
Career Opportunities in Food Law in India

• Consumer Advocate: Works with NGOs to protect consumer rights, promote


transparency, and advise on food law reform.

• Public Prosecutor/Legal Officer (Govt) : Acts on behalf of FSSAI and state agencies to
prosecute food law violations and ensure compliance.

• Inspector/Enforcement Officer (Govt) : Conducts inspections for food safety


compliance, working with FSSAI, state food departments, and local health agencies.

• Policy Researcher (Govt) : Supports data-driven policymaking in government bodies,


think tanks, and regulatory authorities by researching food safety issues.

• Educator & Trainer: Trains future professionals and industry leaders in food law, working
in universities or corporate training centers.
COURSE STRUCTURE
Module 1: Introduction to Food Law in India
• History and evolution of food law in India
• Importance and scope of food law and Key stakeholders in the food industry
• Overview of the regulatory framework in India: The Food Safety and Standards
Act, 2006, Food Safety and Standards Authority of India (FSSAI), etc.

Module 2: Regulatory Framework in India


• Food Safety and Standard Act, 2006 and the relevant rules/regulations
• The Role of FSSAI in Ensuring Food Safety
• Regulatory Requirements for Food Businesses
• Labeling, Packaging, and Advertising Regulations
• Licensing and Registration under FSSAI
• Food Safety Inspections and Audits

Module 3: Food Adulteration and Contaminants


• Overview of Prevention of Food Adulteration: Definition and Types
• Legal provisions and penalties
• Methods to detect adulteration
• Managing Food Contaminants
Module 4: Food Imports and Exports
• Regulations Governing Food Imports
• Import/Export procedures and documentation
• Standards for imported/exported food
• Role of customs and other authorities
• Compliance with international standards

Module 5: Consumer Protection Act, 2019


• Overview of the Consumer Protection Act, 2019: Key
provisions
• Rights of consumers
• Redressal mechanisms
• Food-Related Provisions in Consumer Protection Act-
Misleading advertisements, Unfair trade practices,
Product liability and penalties, etc.
Module 6: Case Studies
• Analysis of significant legal cases related to food law
• Practical Applications and Compliance
• Emerging Trends and Future Directions:
INTRODUCTION TO FOOD LAW IN
INDIA
Ancient Foundations of Food Safety in India
• Traditional Emphasis on Food Purity and Hygiene:
⚬ From ancient times, Indian society placed a strong emphasis on food quality and purity,
not only for health but also due to religious and cultural values.
⚬ Ayurveda, one of the oldest systems of traditional medicine, emphasized the concept of
"satvik" food, which means food that is fresh, wholesome, and beneficial to both body
and mind.
⚬ Concepts like “ahimsa” (non-violence) and respect for food were central, which
promoted hygienic preparation and mindful consumption. People believed that purity in
food could lead to purity in thought, linking food quality to morality.
• Early Rules and Customs for Food Safety:
⚬ Even without formalized laws, social norms required individuals to maintain cleanliness
while preparing food.
⚬ Kitchens and food preparation areas were often separate, and food handlers followed
practices to avoid contamination.
⚬ Ancient Indian scriptures such as the Manusmriti include specific instructions on food
hygiene, preparation, and permissible food types. These customs laid the groundwork
for later regulatory thinking about food safety and standards.
Importance of Food Law

1. Safeguarding Public Health and Safety


Food law plays a vital role in protecting consumers from unsafe, adulterated, or contaminated food
products.
Ensures that food standards address quality, hygiene, and safety throughout the supply chain, from
production to consumption.

2. Strengthening Consumer Rights and Confidence


Empowers consumers by promoting transparency and ensuring accurate labeling, ingredient
disclosures, and health claims.
Builds trust in food products by holding food businesses accountable, reinforcing consumer confidence
in food safety.

3. Supporting Industry Compliance and Trade


Food laws provide a structured framework for food businesses to operate ethically and within legal
boundaries, fostering fair trade.
Facilitates international trade by aligning with global standards, enhancing India’s food export
competitiveness.

4. Addressing Emerging Challenges in Food Safety


Scope of Food Law

1. Comprehensive Coverage Across the Food Supply Chain


• Encompasses the entire food lifecycle: production, processing, packaging, storage, distribution,
and retail.
• Regulates every step to ensure compliance with safety, hygiene, and quality standards.

2. Broad Regulatory Areas


• Covers essential aspects like labeling, additives, contaminants, genetically modified organisms (GMOs),
and organic certifications.
• Addresses specific requirements for nutraceuticals, dietary supplements, fortified foods, and novel
foods.

3. Dynamic and Evolving Framework


• India’s food law is constantly adapting to international standards (Codex Alimentarius) and emerging
consumer expectations.
• Regular amendments ensure the legal framework is responsive to technological advances, global trade
requirements, and consumer health concerns.

4. Interdisciplinary Nature and Career Opportunities


• Food law intersects with public health, environmental science, nutrition, trade, and technology, making
it a diverse field with broad career prospects.
Governmental Stakeholders in Food Safety

1. Food Safety and Standards Authority of India (FSSAI)


• Central authority responsible for setting food safety standards, ensuring compliance,
and conducting inspections.
• Issues licenses, conducts training, and promotes awareness on safe food practices.

2. Ministry of Health and Family Welfare (MoHFW)


• Oversees FSSAI and ensures coordination with health policies, focusing on food safety
as a public health priority.

3. State Food Safety Departments


• Enforce food safety regulations at the state level, conduct local inspections, testing,
and take enforcement actions against non-compliance.
• Collaborate with local bodies for the inspection of food businesses, especially smaller
entities.

4. Bureau of Indian Standards (BIS)


• Develops standards for food products and related industries, providing certification to
Industry, Consumer, and Other Stakeholders

1. Food Businesses and Industry Associations


• Food manufacturers, processors, and retailers must comply with FSSAI regulations and maintain
safety and hygiene standards.
• Industry associations like CII (Confederation of Indian Industry) and FICCI (Federation of Indian
Chambers of Commerce & Industry) represent business interests and work with FSSAI on policy
and standards development.

2. Consumer Advocacy Groups


• Organizations that represent consumer interests, focusing on rights, quality, transparency, and
safe consumption.
• Engage in awareness campaigns, monitor compliance, and provide feedback on regulatory
changes.

3. Testing Laboratories and Certification Bodies


• Authorized labs conduct quality and safety testing for food products, ensuring compliance with
standards.
• Certification bodies offer various certifications (like ISO) that enhance trust and ensure
international standards are met.
PRE FSSA SCENARIO
• Multiple food laws

• Varied quality/safety standards

• Rigid and non responsive standards

• Poor information dissemination to consumers

• Eight different laws and eight different ministries governing the food sector

• Laws framed by different Ministries/Depts. With different perspective and


enforcement approach

• Overlapping laws with different quality standards & labelling requirements


HRONOLOGY
OBJECTIVE OF FOOD SAFETY AND
STANDARDS ACT, 2006

• An Act to consolidate the laws relating to food and to


establish the Food Safety and Standards Authority of
India for laying down science based standards for
articles of food and to regulate their manufacture,
storage, distribution, sale and import, to ensure
availability of safe and wholesome food for human
consumption and for matters connected therewith or
incidental thereto.
SCOPE OF FSSA

• The Act covers activities throughout the food


distribution chain, from primary production through
distribution to retail and catering.

• The Act gives the Government powers to make


regulations on matters of food safety.

• The Food Safety & Standards Authority of India is the


principal Government Authority responsible for
preparing specific regulations under the Act.
OBJECTIVES OF
FSSA
• To consolidate multiple laws and establish single point reference
system

• To establish Food Safety and Standards Authority

• To regulate the manufacture, storage, distribution, sale and


import of food products

• To ensure availability of safe and wholesome food for human


consumption
BENEFITS OF
• FSSA
Multilevel, multi dept. control to single line of
command
• Single reference point
• Integrated response
• Decentralization of licensing
• High degree of consumer confidence
• Transparent regulatory mechanism
• Investor friendly mechanism
• Adequate information dissemination
• Speedy disposal of cases
• Consistency between domestic and international
What is FSSAI?

Food Safety and Standards Authority of India (FSSAI)


is an autonomous statutory body established under
the Food Safety and Standards Act, 2006 (FSS Act).

Ministry of Health & Family Welfare, Government of


India is the administrative Ministry of FSSAI.

Headquarters: Delhi.
Key Functions of FSSAI

• Setting Standards: Develops and enforces standards for food


products to maintain safety and quality across the food supply
chain.

• Licensing and Registration: Issues licenses and registrations for


food businesses, making compliance mandatory to operate legally.

• Regulating Imports: Ensures imported food products meet Indian


safety standards, thereby protecting consumers from unsafe
imports.

• Surveillance and Enforcement: Conducts inspections and


ASSIGNMENT

READ ABOUT THE FAMOUS RIGHT TO FOOD CASE-


(People's Union for Civil Liberties) PUCL VS UNION
OF INDIA- 2001
Thank
You

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