Fssai New Guidelines 2022 PDF Free Download

Fssai New Guidelines 2022 PDF Download Info

Fssai New Guidelines 2022 PDF Free Download, FSSAI issues FSS (Import) First Amendment Regulations, 2022.

Fssai New Guidelines 2022 PDF Free Download

By Apalka Bareja and Vidhi Oberoi

Food Safety and Standards Authority of India, herein referred to as, FSSAI, has introduced an Amendment; Food Safety and Standards (Advertising and Claims) Second Amendment Regulations, 2022, herein referred to as, FSSA Standards (Advertising and Claims) Second Amendment Regulations, 2022.

It aims at providing fairness in claims and advertisements of food products and make food businesses accountable for such claims/advertisements so as to protect consumer interests.

Specific guidelines are to be followed by Food Businesses in aspects of labelling, declarations, servings, display panels, schedules, nutritional values, nutrition comparative claims, additives, sodium elements, etc. This is developed to build transparency for consumers and accountability on the part of the FBOs (Food Business Operators).

The following are the changes in the New Food Safety and Standards (Advertising and Claims) Second Amendment Regulations, 2022 [1]:

1. Amendment in the number of servings for claimed benefit

(Regulation 4, Sub-regulation 5):

For Claims of Reduction of Diseases, the company shall specify the number of servings per day for the efficiency and effectiveness of the claimed benefit. Claimed benefits can be anything from ‘increased heart health’ to ‘improved eyesight’. These claims now need to be specified by the number of serving which will deliver the ‘claimed benefit’ i.e. ‘result’.

Earlier it specified the number of serving per day as it was considered a compliance, but now the number of serving per day to derive the claimed benefit needs to be determined and specified in the label and on the product.

2. Specifications for the dimension of the disclaimer on the label
(Regulation 4, Sub-Regulation 7):

The specification for the dimensions of the disclaimer, which can mislead the customers, on the label has been elucidated in the said amendment of 2022.

The specific dimensions of the disclaimer are as follows:

• Font size of the disclaimer shall not be less than 1.5 mm for principal display panel upto 100 cm², not less than 2 mm for principal display panel between 100-200 cm² and not less 3 mm in case of principal display panel above 200 cm².
• Earlier size of the disclaimer shall not be less than 3mm size, and shall be given at appropriate place on the label stating that – “*This is only a brand name or trade mark and does not represent its true nature”.

The main contention and purpose of the amendment is to make the customers aware about the claims and get the companies accountable for their claims. Transparency is another factor which is taken into consideration here. Companies need to clearly add the disclaimer for increased and improved transparency.

Earlier the size of the disclaimer was mentioned in the amendment of 2018, but now the size of the font itself is to be mentioned according to the principal display panel in which the disclaimer is to be stated, according to the amendment of 2022.

3. The New changes in the schedule-I and Schedule II to be taken into consideration

(Regulation 5, Sub-Regulation 3)

• The new changes in the Schedule I and Schedule II to be considered and implemented when a supplement content or any equivalent claim is made for the supplements demonstrated in Schedule I, it will be made as per the conditions determined in the said Schedule
• The adaptability in the phrasing/wording of a nourishment guarantee has to be in accordance to Schedule II. The utilization of some other word, in the event that they are as per conditions determined in Schedule I and the significance of the case, should not be modified.

4.  Nutrition Comparative Claims
(Regulation 5, Sub-Regulation 4):

There are changes in clauses (a) and (b). Clause (c) has been added through the amendment.

Sub-Regulation 4 of Regulation 5 talks about the ‘nutrition comparative claims’. It states that the comparison shall be of same foods or similar foods, and they shall be easily identifiable.

The relative difference of the claimed parameter are elucidated in the following clauses according to the amendment of 2022:
(a) The value of the ‘difference in the comparative nutritional value’ has been increased by 5%. Earlier the energy value or nutrient content and a minimum absolute difference equivalent to the figure defined as “low” or as a “source” in Schedule I, for claims about energy or macronutrients and sodium respectively was 25% which is now 30% after the increment.
(b) The nuances of grams and milliliters has been added in this clause.
The recommended dietary allowances per 100 g or 100 ml, for claims about micronutrients other than sodium shall be at least 10%.

A new clause (c) has been added through the amendment:

(c) At least 25% (twenty-five percent) in case of sodium, or the equivalent value for salt: Provided that in case of salt when sold as such, then ten percent difference shall be acceptable in comparative nutritional value.

5. Actual meaning of “equivalent source of that nutrient”
(Regulation 5, Sub-Regulation 6):

There is a clarification in the sub-regulation stating the actual meaning of “equivalent source of that nutrient”.

The addition of “where the food nutrient is at the same level as the naturally occurring reference food nutrient, the same shall be indicated on the label and through nutritional information (e.g., “as much fiber as an apple,” and “contains the same amount of vitamin C a glass of orange juice”)” clarifies the equivalent nutritional framework for claims like “contains the same amount of [nutrient] as a [food]” and “as much [nutrient] as a [food]” shall be equivalent to the real [food] to get the nutrient content qualify for the claim.

6. Non-Addition of Sodium elements
(Regulation 6, Sub-Regulation 2):

This sub-regulation talks about the Non-Addition of Sodium Salts.

• The clause (a) witnesses a change in terms of addition of specific sodium salts. The addition of “sodium tripolyphosphate” has been undertaken.
• The clause (c) has been introduced which talks about substitutes for ‘added salt’ to be prohibited in the qualification of Non-Addition of Sodium Salts.
• Clause (c) states, “The food contains no ingredients that contain sodium salts that are used to substitute for added salt, including but not limited to seaweed”.

7. Naturally present additives
(Regulation 6, Sub-Regulation 3):

Changes are made in clauses specific to omitting and recognition of naturally present additives.

• The clause (a) witnessed an addition of terms for removal of ‘any additive’ at the time of manufacturing.
• It needs more clarity and additions in terms of the prior addition and thereafter subsequent removal of the additive during the manufacturing process.
• The clause (b) witnessed the validity of recognition of “naturally present” additives apart from any additives contained in any ingredient of food. The additive contained in any foreign ingredient is prohibited, but any natural occurring substance which falls under the category of an ‘additive’ is not prohibited.

8. Date of issue changed to date of receipt in terms of information sought from FBOs
(Regulation 14, Sub-Regulation 3):

• The sub-regulation 3 of regulation 14 has been amended in terms of the clarification regarding the date of receipt of the letter seeking clarification from the food business operators.
• Earlier, the regulation stated that the information sought should be submitted within thirty days from the date of issue of letter, but now the information sough has to be submitted from the date of receipt of the letter, meaning the date on which the ‘food business operator’ received the letter.

9. Date of issue changed to date of receipt for suggested improvement of claims by FSSA
(Regulation 14, Sub-regulation 5):

• Sub-regulation 5 of regulation 14 talks about the suggested improvement of claim from the Food Authority and the improved claim has to be intimated to the food authority by the recipient of the suggested changes within 45 days. Earlier the 45 days were counted from the date of issuance of the letter, but now the days shall be calculated from the date of receipt of notice of the suggested improvement of the claim from the Food Authority.

10. Changes in the Schedules I, II, III, IV and V has been modified.

• GI information and parameters has been added in the Schedule I.
• In SCHEDULE – IV, in the table, against serial number 4 relating to “Folate and Folic Acid” in column (3) under the sub-heading “Claims”, for the words “Folate & Folic acid is important for foetal development and blood formation”, the words “Folate and Folic Acid is important for blood formation” has been substituted.
• In SCHEDULE – V, in the table, – (a) against serial number 2 relating to the entry “Fresh”, in column 2, in clause (a), the words “If such processing also leads to extension in the shelf-life of the product the term “fresh” shall not be used.” shall be omitted; (b) against serial number 3 relating to the entry “Pure”, in column 2, clause (c) shall be omitted.

Conclusion

These changes are essential in the sphere of consumer transparency and FBO accountability. These changes might not seem to be big, but will definitely going to impact a lot of entities and stakeholders in a positive and negative light. FBOs need to take these amendments seriously and comply with it from the effect of the legislation.