Pro­pri­etary Food and the New Law

What does it mean for health and nutri­tion claims?

Consumer Voice - - Contents -

In 2016, the Food Safety and Stan­dards Au­thor­ity of In­dia (FSSAI) made an amend­ment in the ex­ist­ing reg­u­la­tions re­lated to ‘pro­pri­etary food'. The changes re­late to clas­si­fi­ca­tion, man­u­fac­ture and mar­ket­ing of pro­pri­etary food. Be­fore we try to un­der­stand what these changes are and what are the im­pli­ca­tions thereof for man­u­fac­tur­ers and con­sumers, let's get our no­tions about pro­pri­etary food in place.

Pro­pri­etary food is non-stan­dard­ised food – that is, food that has not been stan­dard­ised un­der Food Safety and Stan­dards (Food Prod­ucts Stan­dards and Food Ad­di­tives) Reg­u­la­tions, 2016. Such food may con­tain pri­mary in­gre­di­ents and some generic ad­di­tives. An ex­am­ple is cus­tard pow­der that con­tains starch, dex­trose, flavour and colour.

As a corol­lary, there­fore, one can com­pre­hend stan­dard­ised food as be­ing de­fined un­der FSSAI Reg­u­la­tions. Breads, bis­cuits, fruit drinks, sauces, jams and car­bon­ated wa­ter are all ex­am­ples of pro­pri­etary food. A food business op­er­a­tor (FBO) who has li­cense can man­u­fac­ture these prod­ucts and sell them by com­ply­ing with the set stan­dards for a spe­cific food item.

Hitherto, pro­pri­etary food was de­fined as any food item that was not stan­dard­ised un­der Food Safety and Stan­dards (Food Prod­ucts Stan­dards and Food Ad­di­tives) Reg­u­la­tions, 2011. Now it is de­fined as ‘an ar­ti­cle of food that has not been stan­dard­ised un­der the Food Safety and Stan­dards (Food Prod­ucts Stan­dards and Food Ad­di­tives) Reg­u­la­tions, 2016. Pro­pri­etary foods now in­clude foods that have not been stan­dard­ised but will NOT in­clude: a) novel foods, b) foods for spe­cial di­etary uses, c) foods for spe­cial med­i­cal pur­poses, d) func­tional foods, e) nu­traceu­ti­cals, f) health sup­ple­ments, and g) any

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