The Food Safety and Standards Authority of India, (FSSAI), on June 11, 2024, issued a notification regarding Directions to FBOs to Prohibit Sale/Food Recall regarding Unsafe Food Samples.
FSSAI and State FDAs regularly conduct enforcement sampling of food products nationwide to ensure the availability of safe and wholesome food to consumers. If food is found unsafe under the FSS Act, 2006, it must be prohibited from sale or recalled from the supply chain to protect consumers.
If enforcement samples are deemed unsafe in the primary lab report, Designated Officers (DOs) and Central Licensing Authorities (CLAs) should take the following immediate actions:
Prohibit the Sale of Unsafe Food:
Suppose a food sample lifted by CFSO/FSO is found unsafe in the Primary Food Laboratory report per the FSS Act, 2006. In that case, the DO/CLA shall exercise the power under Section 36(3)(b) of the FSS Act, 2006, to direct Food Business Operators (FBOs) to prohibit the sale of unsafe food products, under Section 18(1)(g) of the FSS Act, 2006.
Recall Unsafe Food:
•After prohibiting the sale, the unsafe food must be recalled in the following cases:
If the FBO appeals the Primary Lab report under Section 46(4) of the FSS Act, 2006, and the Referral Laboratory's Food Analyst declares the food unsafe.
If the FBO does not appeal within the stipulated time as per Section 46(4) of the FSS Act, 2006.
DO/CLA should recommend to the Chief Executive Officer, FSSAI, or the Commissioner of Food Safety of the respective State/UT, to exercise the powers under Regulation 5(3) of the Food Safety & Standards (Food Recall Procedure) Regulations, 2017. This includes directing the FBO to immediately recall the implicated food products, under Section 18(1)(g) of the FSS Act, 2006, and ensuring compliance with all measures required by the Food Safety & Standards (Food Recall Procedure) Regulations, 2017.
[Notification No. RCD-02001/133/2024-Regulatory-FSSAI [12084]]
