The food and beverage industry is one of the fast-growing industries in India. Besides the local production and multi-tier wholesale and retail, a large part of the industry is importing and exporting food products. India has consolidated its food laws and has enacted the law in harmony with international law and standards. However, the field of Food law is still emerging and Regulators are constantly trying to bring the Indian laws at par with European and US Food Laws, which are adapted to Indian needs, thus changing constantly. This regular revision by the authority leads to fluidity in the Regulation requiring constant touch with the changing regulatory regime. The Food Safety and Standards Authority of India (FSSAI) is the nodal body regulating and supervising the food industry is the Food Safety and Standards Authority of India (FSSAI), while it also protects and promotes public health and interests.

A Brief Overview

The authority, FSSAI, governs all aspects of food and food products. It is responsible for licencing, supervising and even penalizing the Food Business Operators. The Food Safety and Standards Act of 2006 became effective in 2011, thus replacing and codifying into one Act the various laws governing Food and food products as listed below:

  • Prevention of Food Adulteration Act, 1954
  • The Vegetable Oil Products (Control) Order, 1947
  • The Fruit Product Order, 1955
  • The Solvent Extracted Oil, De-oiled Meal, and Edible Flour (Control) Orde, 1967
  • The Meat Food Products Order, 1973
  • The Milk and Milk Products Order, 1992
  • The Edible Oils Packaging (Regulation) Order, 1998.

In addition to the Act of 2006, FSSAI has issued over twenty plus regulations that regulate the Licensing, Labelling, Import, Advertisement and Claims, Food Standards etc. which needs to be adhered to, to operate a Food Business in India.

Additionally, provisions of related laws such as the Legal Metrology Act, 2009, Consumer Protection Act, 2019 and Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954 etc., are also applicable.

Thus, the laws applicable become multifaceted and intricate. At Yogi and Partners, we have a dedicated team of Attorneys who specializes in issues and concerns related to the food industry and assist our clients in complying with food and beverage laws. We aim to provide you with the most advanced, sustainable and business-oriented solutions by complying with the applicable laws and combining the law and practicality. The firm has advised several multinational companies and Indian businesses concerning food and Nutraceuticals supplements.

The firm has extensive experience in advising and providing legal assistance on the following matters:

  • Product Compliance with Food Laws in India – Ingredients review and RDA compliance.
  • Label and Claim Validation in Compliance with Packaging and Advertisement Regulations.
  • Licenses and Registration with Central and State Authorities.
  • Non-Specified Product/ ingredients Approval.
  • Assistance in Product Classification under HSN Code and Import Clearances.
  • Litigation Support – defending Clients before Administrative, quasi-judicial and Judicial forums for any action initiated.
  • Making company compliant by keeping a regular check on any developments, changes, and updating the same on a pro-active basis. Drafting and Negotiating Agreements incidental to the food industry, example: Agreements relating to manufacturing, marketing, import of food products including nutraceuticals products in India