India’s fast growing food processing sector has triggered a significant increase in litigation and corporate commercial work over the past few years. The Federation of Indian Chambers of Commerce and Industry expects the sector to expand from US$40-50 billion to US$300-350 billion by 2020.
In August 2011, the numerous laws that govern the sector were replaced with the Food Safety and Standards Act, 2006, (FSSA). However, even two years after it was introduced, the FSSA is still in implementation stages with some of its provisions currently under review.
Understanding the new law
Differences between the FSSA and one of the main acts it replaced, the Prevention of Food Adulteration Act, 1956, (PFA) are detailed below:
Definition of food: The FSSA defines food as any substance intended for human consumption, whether processed, partially processed or unprocessed. It includes primary food as defined in section 3(ZK) of the act, genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance, including water used in food during its manufacture, preparation or treatment.
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