Lok Sabha Question No. 2994 (UNSTARRED), answered on 2018-01-05
Subject: Food Recall Policy
Ministry: HEALTH AND FAMILY WELFARE
Asked by: BALASUBRAMANIAM SENGUTTUVAN, J. JAYASINGH THIYAGARAJ NATTERJEE, DUSHYANT CHAUTALA

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

LOK SABHA UNSTARRED QUESTION NO. 2994 TO BE ANSWERED ON   5 TH JANUARY, 2018

## FOOD RECALL POLICY

## 2994. SHRI B. SENGUTTUVAN: SHRI J.J.T. NATTERJEE:

SHRI DUSHYANT CHAUTALA:

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

- (a) whether the Food Safety and Standards Act has provisions for recalling food items whi not in compliance with the laid down food safety, regulatory and manufacturing norms;
- (b) if so, the details thereof indicating the number of cases where such items have been under the said provisions during the last three years and the current year, State/UT - wise;
- (c) whether the Government has released specific food recall procedures and if so, the thereof; and
- (d) whether the Government proposes to amend the Consumer Protection Act to recall food it which  do  not  meet  the  requisite  standards  of  Bureau of  Indian  norms  and  if  so,  the  details thereof?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE

(SHRI ASHWINI KUMAR CHOUBEY)

- (a) : Yes. Section 28 of Food Safety and Standards (FSS) Act, 2006 empowers the Food Safet and Standards  Authority  of  India  (FSSAI)  to  frame  regulations  detailing  conditions guidelines  relating  to  food  recall  procedures  to  be  followed  by  the  Food  Business  Ope (FBOs)  for  recalling  the  food  items  which  are  not  in  compliance  with  FSS  Act,  Rul es  and Regulations, made thereunder. FSSAI has notified the Food Safety and Standards (Food Rec Procedure)  Regulations,  2017  on  18.01.2017  and  subsequently  issued  further  guidelines FBOs detailing the procedure to develop a recall plan its implement ation on 28.11.2017.
- (b):  No  products  have  been  recalled  by  FSSAI  under  these  Regulations  so  far.    Inform regarding action taken by States/UTs under these Regulations is not available. However, p notification of said Regulations, though prescri bed guidelines/procedure for recall of the food products were not available, in the year 2015, 5 Food Business Operators were asked by F to withdraw/recall their products from the market due to various reasons such as the prod conforming to the prescribed standards, product not approved by the Food Authority etc.

Contd………

(c): Yes.  The Food Safety and Standards (Food Recall Procedure) Regulations, 2017 la down procedures covering issues such as Initiation of food recall process, Oper ation of Food Recall System, Food Recall Plan, Recall Communication, Recall Status report, Food recov post recall report, Termination of a recall, Follow up action, Responsibility of the  Food operator, Responsibility of the Commissioner of Fo od Safety of the State or Union Territory, Responsibility of Food Authority .

(d): Department of Consumer Affairs has informed that the Consumer Protection Bill, 20 has  already  been  introduced  in  Parliament  to  replace  the  existing  Consumer  Protectio n  Act, 1986. The said Bill seeks to establish an executive agency to be called the Central Co Protection  Authority  which  will  regulate  matters  relating  to  violation  of  rights  of  co unfair trade practices etc. and shall also be empowered to or der recall of unsafe goods, on the basis of its investigations.

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