Delving into the new FSSAI packaging regulations

Keeping with the new wave of intensive regulation of the Food and Beverage Industry in India, the Food Safety and Standards Authority of India (FSSAI) had recently notified the Food Safety and Standards (Packaging) Regulations, 2018 (“Regulations”), on 03 January 2019 which aim to restrict and regulate the use of materials of packaging of food products by Food Business Operators (“FBOs”).

As per the FSSAI, the “primary objective of packaging is to protect the food contents from microbiological, chemical, physical and atmospheric contamination and preserve the food and thereby protect consumer’s health.” On this premise, the Regulations provide a detailed list of packaging materials that may be used for the packaging of specific categories of food products and also prescribe specific requirements/ restrictions in their regard. These Regulations shall replace all prior provisions under the existing Food Safety and Standards (Packaging and Labelling) Regulations, 2011, that are specific to packaging requirements and require full compliance of FBOs in the Country by 01 July 2019.

Besides, general packaging guidelines, these Regulations aim to address health concerns that were raised during the studies conducted by the Indian Institute of Packaging (IIP), Mumbai and the National Test House (NTH), Kolkata. As per the FSSAI, the studies conducted by these institutes/ bodies, raised several red flags in terms of migration of chemical contamination and heavy metals from packaging materials into food products and chemical contamination from loose packaging material. Keeping in mind these issues, the Regulations prohibit the use of recycled plastics including carry bags for packaging, storing, carrying or dispensing articles of food. Further, taking cognizance of the carcinogenic effect of inks and dyes, these Regulations prohibit the use of newspaper and such other materials, commonly used for packing/ wrapping food articles and prescribe adherence to the applicable Indian standard for printing inks for use on food packages.

On a reading of these Regulations, it appears that the larger corporations and manufacturers have little to worry about in terms of bringing their packaging in line with Regulations. However, given that these Regulations require compliance of FBOs, from both the organized and unorganized food sectors/ industries by 01 July 2019, it inevitable that the smaller and medium sized FBOs, specifically in the unorganized food sector (like dhabas, roadside stalls, etc.), may be required to make major logistical and even infrastructural changes to bring their businesses in compliance with the Regulations without drastically altering prices of their food products. Needless to mention the materials currently in use for packaging goods such as newspapers, carry bags, etc. are both easily accessible and extremely affordable. On the other hand, packaging standards prescribed by the Regulations, while extremely attractive from a consumer’s point of view, may impact the economies of smaller FBOs adversely.

Additionally, it is also pertinent to keep in mind that the Apex Regulator had also recently modified guidelines governing E-commerce FBOs in its attempt to ensure that last mile delivery of food is undertaken by trained delivery personnel and the safety of food product is not compromised at the time of delivery. As per the new guidelines, food products offered for sale by any e-commerce FBO shall be liable to sampling at any point of supply chain, including when the same is out for final delivery. One key fallout of this is that FBOs and specifically those dealing in the delivery of fresh food and groceries, are entrusted with the additional burden of ensuring that food is packaged in compliance with the new Regulations, not only while in the vicinity of its premises, but also while it is being handled by any intermediary before it reaches the final consumer.

In this context, the enforcement of and compliance with these Regulations within the stipulated time period, given the magnitude of the relevant industry shall be noteworthy.

Source:-https://retail.economictimes.indiatimes.com/news/food-entertainment/food-services/delving-into-the-new-fssai-packaging-regulations/67685016