Year in Review: Food, Beverages and Cosmetics Law in India

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Year in review

i Developments in the food industry

Some of the notable developments in the legal and regulatory framework of the food and beverage industry are as follows.

1. Recently, in June 2022, the Indian Central Consumer Protection Authority (CCPA) under the Department of Consumer Affairs notified the Guidelines for the Prevention of Misleading Advertisements and Approvals for Misleading Advertisements 2022 (the Guidelines). The Guidelines took effect immediately. The guidelines aim to regulate and restrict free advertisements, advertisements directed to children and bait advertisements by including mandatory disclaimers in advertisements, advertisement mentions and disclosure of the link between the endorser and the merchant.
2. In September 2021, the FSSAI, under the aegis of the MoHFW, published a draft Food Safety and Standards (Vegan Foods) Regulations 2021, which defines “vegan foods” and introduces safety regulations and food safety requirements. labeling for vegan food products. The regulation came into force in 2022.
3. In February 2021, the PRS regulations were amended to include the definition of “industrial trans fatty acids” and regulate the use of industrial trans fatty acids in food products in which edible oils or fats are used as ingredients.
4. In March 2021, the FPSFA regulations were amended to prescribe prescriptive requirements for various food products such as semolina, refined wheat flour, biscuits, breads, breakfast cereals, various flours, eggs and egg products, etc.
5. In April 2021, the FSSAI released a draft guidance document and standard operating procedures for setting maximum residue limits for pesticides in foods.
6. In June 2021, the draft Food Safety and Standards (Ayurveda Aahar) Regulations 2021, regulating Ayurveda-based food products, was notified.
7. In November 2021, the Food Safety and Standards (Genetically Modified or Modified Food) Regulations were notified, which apply to genetically modified organisms, genetically modified organisms and living modified organisms intended for direct use as food or to be transformed.
8. In December 2021, the FPSFA regulations relating to general standards for milk and dairy products and packaging requirements were amended.

In addition, the Labeling and Display Regulations introduced in 2020 prescribe several new labeling requirements, as listed below:

1. all food products sold on e-commerce platforms and other means of direct sale must contain all mandatory declarations on the labels, with the exception of the batch or batch number, the expiry date, the date expiry date, date of manufacture or packaging;
2. each food package must contain the following declarations:
   • the name of the food, indicating its true nature, on the front of the package;
   • nutritional information and percentage contribution per serving to the recommended nutrient intake;
   • the date of manufacture or packaging and the expiry date (however, the mentions “best before” are optional on the labels); and
   • the brand owner’s name, full address and whether or not the owner is the manufacturer, distributor, packager or bottler, as required on the label;
3. food products containing allergens must have an allergen statement on the label;
4. non-edible retail food packages must contain the new “cross” symbol, non-vegetarian food packages must contain the new “triangle” symbol, and vegetarian food packages must contain the old “circle” symbol on the label;
5. packaged meals served in airlines, railways and mobile catering units must bear the date and time of manufacture on the labels;
6. Food service establishments with a central license or more than 10 locations and e-commerce platforms must report the following information on menu boards, signs and websites:
   • caloric value (in kcal per serving and per serving) in relation to each food and reference information;
   • allergen information;
   • vegetarian and non-vegetarian symbols; and
   • nutritional information;
7. non-retail food packages must contain the name of the food, net quantity, FSSAI logo and license number, dates, batch number, names and addresses of the manufacturer and packager, ingredient list, vegetarian or non-vegetarian declaration and nutritional information; and
8. the packaging of food additives intended for retail sale must contain the name of the additive and the statement “FOR USE IN FOODS”, and additive mixtures must contain the term “flavour” or “flavour” on the label.

FBOs are required to comply with the above requirements by July 1, 2022.

The PRS regulation, amended in March 2021, entered into force on January 1, 2022. It imposes the sale of multi-source edible vegetable oils in sealed packages weighing less than 15 kilograms in tamper-proof containers and bearing the name ” multi-source”. edible vegetable oil” and the AGMARK certification mark on the labels.

ii Developments in the cosmetics industry

There have been no significant regulatory developments in the cosmetics industry since the introduction of the Cosmetic Rules in December 2020.