Lok Sabha Question No. 54 (STARRED), answered on 2022-12-09
Subject: Sale of Expired/Uncertified Protein Powder
Ministry: HEALTH AND FAMILY WELFARE
Asked by: Sangeeta Azad

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

## LOK SABHA STARRED QUESTION NO.54 TO BE ANSWERED ON 9 th  DECEMBER, 2022

## SALE OF EXPIRED/UNCERTIFIED PROTEIN POWDER

## *54. SHRIMATI SANGEETA AZAD :

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

- (a) whether the Food Safety and Standards Authority of India (FSSAI) or any other agency is conducting regular checks and raids on the manufacturers of branded protein powder across the country to ascertain/check the sale of expired/uncertified/unlicensed products which also violate the established manufacturing and safety protocols;
- (b) if so, the details thereof;
- (c) whether  the Government  is  aware  of  the  diseases and  deaths due  to use/consumption of these protein powders/anabolic steroids; and
- (d)  if  so,  the  details  thereof  during  the  last  five  years  along  with  the  number  of cases  filed/solved/penalty  imposed  and  the  other  corrective  steps  taken/being taken in this regard?

## ANSWER THE MINISTER OF HEALTH AND FAMILY WELFARE (DR. MANSUKH MANDAVIYA)

- (a) to (d): A Statement is laid on the Table of the House.

……………………

## STATEMENT REFERRED TO IN REPLY TO THE LOK SABHA STARRED QUESTION NO. 54 FOR  9 TH  DECEMBER, 2022.

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(a) to (d): Food Safety and Standards Authority of India (FSSAI) 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. Section 31(1) of Food Safety and Standards (FSS) Act, 2006 provides that no person shall commence or carry on any Food Business except under a license. Surveillance of Food Business Operators including manufacturers of health  supplements  like  protein  powders  is  conducted  regularly  through  intensive surveillance  drives  by  the  States/UTs.  The  responsibility  for  implementation  and enforcement of FSS Act 2006, Rules and Regulations made thereunder primarily lies with  State/UT  Governments.  Penal  action  is  initiated  against  the  defaulting  Food Business  Operators  (FBOs)  by  the  Food  Safety  Officers  of  States/UTs  as  per  the provisions of FSS Act, 2006, Rules and Regulations.

FSSAI has notified FSS (Food or Health Supplements, Nutraceuticals, Foods Special Dietary Use, Foods for Special Medical Purpose, Functional Foods and Novel Foods) Regulations, 2016, which specify provisions for regulation of these products in the country.

The  articles  of  food  covered  under  these  regulations  are  required  to  comply with  the  general  labelling  requirements  under  the  FSS  (Packaging  and  Labelling) Regulations, 2011. Further, since these products are intended for specific physiological conditions or general maintenance of health and are required to be taken as per the regulated usage levels by the specific targeted group, labelling provisions for specific  food product categories have  also been  specified under the said regulations. These regulations state that the label on such articles of food shall specify the  purpose,  the  target  consumer  group  and  the  physiological  or  disease  conditions which  they  address  and  recommended  duration  of  use.  The  label,  accompanying leaflet or other labelling and advertisement of each type of article of food shall also provide  sufficient  information  on  the  nature  and  purpose  of  the  article  of  food  and detailed instructions and precautions for its use, and the format of information given shall be appropriate for the intended consumer.

Based  on  information  made  available  by  the  States/UTs,  details  of  food samples analyzed, found adulterated/sub-standard/misbranded and action taken thereon during the last three years i.e. 2019-2020,  2020-2021and  2021-22  is Annexed.

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Annexure

| Annual Public Laboratory Testing Report/Data for last three years   | Annual Public Laboratory Testing Report/Data for last three years   | Annual Public Laboratory Testing Report/Data for last three years   | Annual Public Laboratory Testing Report/Data for last three years   | Annual Public Laboratory Testing Report/Data for last three years   | Annual Public Laboratory Testing Report/Data for last three years   | Annual Public Laboratory Testing Report/Data for last three years   | Annual Public Laboratory Testing Report/Data for last three years   | Annual Public Laboratory Testing Report/Data for last three years   | Annual Public Laboratory Testing Report/Data for last three years   | Annual Public Laboratory Testing Report/Data for last three years   | Annual Public Laboratory Testing Report/Data for last three years   | Annual Public Laboratory Testing Report/Data for last three years   |
|---------------------------------------------------------------------|---------------------------------------------------------------------|---------------------------------------------------------------------|---------------------------------------------------------------------|---------------------------------------------------------------------|---------------------------------------------------------------------|---------------------------------------------------------------------|---------------------------------------------------------------------|---------------------------------------------------------------------|---------------------------------------------------------------------|---------------------------------------------------------------------|---------------------------------------------------------------------|---------------------------------------------------------------------|
| S. No.                                                              | Year                                                                | No. of Samples Analysed                                             | No. Samples found non- conforming                                   | of Non Confirming                                                   | of Non Confirming                                                   | of Non Confirming                                                   | Civil Cases                                                         | Civil Cases                                                         | Civil Cases                                                         | Criminal Cases                                                      | Criminal Cases                                                      | Criminal Cases                                                      |
| S. No.                                                              | Year                                                                | No. of Samples Analysed                                             | No. Samples found non- conforming                                   | Unsafe                                                              | Sub Standard                                                        | Labelling defects /Misleading/ Miscellaneous                        | No. of Cases Laun- ched                                             | No. of Convictions                                                  | Penalties Raised (Cr.)                                              | No. of Cases Laun- ched                                             | No. of Convi ct- ions                                               | Penal- ties Raise d (Cr.)                                           |
| 1                                                                   | 2                                                                   | 3                                                                   | 4                                                                   | 5                                                                   | 6                                                                   | 7                                                                   | 8                                                                   | 9                                                                   | 10                                                                  | 11                                                                  | 12                                                                  | 13                                                                  |
| 2                                                                   | 2019-20                                                             | 118775                                                              | 29589                                                               | 4526                                                                | 15671                                                               | 8995                                                                | 27412                                                               | 17345                                                               | 56.38                                                               | 4681                                                                | 780                                                                 | 1.61                                                                |
| 3                                                                   | 2020-21                                                             | 107829                                                              | 28347                                                               | 5220                                                                | 13394                                                               | 9733                                                                | 24195                                                               | 14817                                                               | 49.92                                                               | 3869                                                                | 506                                                                 | 0.83                                                                |
| 4                                                                   | 2021-22                                                             | 144345                                                              | 32934                                                               | 4890                                                                | 16582                                                               | 11482                                                               | 28906                                                               | 19437                                                               | 53.39                                                               | 4946                                                                | 671                                                                 | 1.38                                                                |