Lok Sabha Question No. 2472 (UNSTARRED), answered on 2022-12-21
Subject: Strict Testing of Food Items
Ministry: CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
Asked by: Midhun Reddy

## Government of India

## Ministry of Consumer Affairs, Food and Public Distribution Department of Consumer Affairs

## LOK SABHA

## UNSTARRED QUESTION NO. 2472

TO BE ANSWERED ON 21.12.2022

## STRICT TESTING OF FOOD ITEMS

2472.  SHRI P.V. MIDHUN REDDY:

Will the Minister of CONSUMER  AFFAIRS,  FOOD  AND  PUBLIC  DISTRIBUTION miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k ea=h be pleased to state:

- (a) whether it is a fact that the number of samples non-conforming to food standard regulations increased between 2016 and 2020, if so, the details thereof;
- (b) whether it is also a fact that the number of convictions from subsequent court cases decreased from 1,605 to 821 in the aforesaid period, if so, the reasons therefor;
- (c) the steps taken by the Government to enforce strict testing and analysis of food items;
- (d) whether the Government has made any moves to enable the presence of the Food Safety and Standards Authority of India (FSSAI) in at least 10 more ports and trade centres;
- (e) if so, the details thereof; and
- (f) the  additional  steps  that  have  been  taken  to  ensure  that  food  business  operators  comply  with  quality parameters for food stored in godowns?

## ANSWER

## miHkksDrk ekeys] [kk| vkSj lkoZtfud forj.k jkT; ea=h

## (श्री अश्विनी क ु मार चौबे)

## THE MINISTER OF STATE CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION (SHRI ASHWINI KUMAR CHOUBEY)

(a)  &  (b)  :  Food  Safety  and  Standards  Authority  of  India  (FSSAI),  under  the  Ministry  of  Health  &  Family Welfare,  Government  of  India  is  mandated  to  lay  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.

The implementation and enforcement of Food Safety and Standards (FSS) Act 2006, and the Rules and Regulations framed  thereunder primarily lies with the State/UT Governments.  In this regard, regular surveillance, monitoring, inspection and random sampling of food products are being carried out by the officials of Food Safety Departments of the respective States/UTs to check compliance of the provisions laid down under the Food Safety and Standards Act, 2006 and the Rules and Regulations framed thereunder. In cases of noncompliance of the provisions of the FSS Act 2006 or the rules and regulations made thereunder, penal action has been initiated against the defaulting Food Business Operators (FBOs) as per the provisions of the FSS Act 2006.

The  details  of  samples  found  to  be  non-conforming  to  the  prescribed  standards,  the  number  of  cases launched and the subsequent convictions made between 2016 and 2020 are as below:

| FY      | No. of samples found to be   | Number of cases launched against defaulting FBOs   | Number of cases launched against defaulting FBOs   | Number of cases launched against defaulting FBOs   | No. of cases decided/ convictions   | No. of cases decided/ convictions   | No. of cases decided/ convictions   |
|---------|------------------------------|----------------------------------------------------|----------------------------------------------------|----------------------------------------------------|-------------------------------------|-------------------------------------|-------------------------------------|
|         | non-conforming               | Civil                                              | Criminal                                           | Total                                              | Civil                               | Criminal                            | Total                               |
| 2016-17 | 14,130                       | 9,392                                              | 1,248                                              | 10,640                                             | 3,978                               | 1,596                               | 5,574                               |
| 2017-18 | 24,262                       | 13,615                                             | 1,506                                              | 15,121                                             | 7,627                               | 5,198                               | 12,825                              |
| 2018-19 | 30,415                       | 18,550                                             | 2,813                                              | 21,363                                             | 12,734                              | 701                                 | 13,435                              |
| 2019-20 | 29,192                       | 27,412                                             | 4,681                                              | 32,093                                             | 16,881                              | 821                                 | 17,702                              |

- (c) :  FSSAI ensures strict testing and analysis of food items by undertaking the following steps:
1.  FSSAI  follows  a  set  procedure  to  notify  food  testing  laboratories  under  section  43(1)  for  the  purpose  of carrying  out  analysis  of  the  sample  by  the  Food  Analyst  under  the  FSS  Act,  2006.  No  lab  other  than  those notified by FSSAI is eligible to test regulatory sample so that integrity of the testing can be maintained. As on date, there are 225 primary labs available in the country for food testing. FSSAI also notifies referral food lab under  section  43(2)  for  carrying  out  the  re-analysing  of  referral  samples  that  have  been  found  to  be  nonconforming in the primary labs and challenged by the FBO. There is a procedure for suspension of labs as well. In cases where a laboratory is found to be incompetent and is found not following the guidelines of clause 10 of FSSR Recognition and Notification of Laboratories Regulation, 2018, the laboratory is immediately de notified or de recognized by FSSAI.
2. Testing is done as per the test methods adopted by the food authority from time to time under Section 16 (2) (f) of the FSS Act, 2006 to maintain uniformity and transparency of the test results.
3. All the primary notified labs and referral labs have to compulsorily submit their test reports on INFOLNET 2.0  which  is  the  centralized  lab  management  system  of  FSSAI.  Reports  are  randomly  checked  by  FSSAI  for monitoring and compliance.
4. There are Food Analysts in the labs either notified by FSSAI or by the state/UTs who are the sole signing authority of the lab reports and issue reports on the basis of standards/norms prescribed for the respective food products.
5. FSSAI has also provided technical and financial support to these labs and capacity building of their manpower is also being taken care of.
- (d)  and  (e)  :  FSSAI  has  recently  established  new  import  offices  at  Mundra,  Kandla,  Ahmedabad,  Mangalore, Hyderabad,  Vishakhapatnam  and  Bengaluru.  Presently,  FSSAI  directly  covers  61  Point  of  Entries  for  the purpose of food import clearance.
- (f) : Section 31(1) of the FSS Act, 2006 provides that no person shall commence or carry on any Food Business except under a license. All the Food Business Operators (FBOs) including the ones engaged in storage of  food  products  have  to  comply  with  the  prescribed  standards  as  specified  under  these  regulations.  Further, FSSAI has comprehensively specified  generic  and  specific  sanitation  and  hygiene  practices  in  Schedule  4  of Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011 to be followed by all the Food Business Operators.

Further,  the  surveillance  of  Food  Business  Operators  is  conducted  regularly  through  intensive surveillance drives by the States/UTs as per their surveillance plans. Penal action has been initiated against the defaulting Food Business Operators (FBOs) by the Food Safety Officers of States/UTs as per the provisions of the FSS Act, 2006, and the rules and regulations made thereunder.

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