Food Safety and Standards | Issue 1 | Part 1 – Packaging Regulations

Over the last year, the Government has been quite proactive in ensuring safety and health of the end consumers of food products. To achieve this objective, a legal framework consisting of laws / rules / regulations / standards are being issued to provide strict measures for ensuring the safety and protection of food products. The Government has also decided to replace the existing Food Safety and Standards (Packaging and Labelling) Regulations, 2011 with the following two comprehensive regulations:

1. Food Safety and Standards (Packaging) Regulations, 2018 (‘Packaging Regulations’)
2. Food Safety and Standards (Labelling and Display) Regulations, 2018 (‘Labelling Regulations’)

While the Packaging Regulations were notified on December 24, 2018, the Labelling Regulations are yet to be notified. The Packaging Regulations shall come into effect on July 1, 2019. Part-1 of this Update intends to apprise you about the Packaging Regulations. Part-2 of the Update shall cover the Labelling Regulations, as and when notified.

It is pertinent to note that a food business operator needs to obtain a certificate of conformity from a laboratory accredited by National Accreditation Board for Testing & Calibration Laboratories (‘NABL’) for the packaging material which comes in direct contact with food or layers likely to come in contact with food to be used. Thus, the liability in case of violation of the Packaging Regulations vests on the food business operator.

The key features of the Packaging Regulations are as follows:

• As per Section 3(o) of the Food Safety and Standards Act, 2006 (‘FSS Act’), a food business operator means a person who undertakes or owns food business and is responsible for ensuring compliances with the FSS Act.
• Application: Any material coming directly in contact with food (‘primary food packaging’) and used for purposes stated below need to be of ‘food grade quality’ [‘food grade’ has been defined as substances which do not endanger human health or result in unacceptable change in composition of food / organoleptic (related to sense organs) characteristics]:
• Packaging
• Preparation
• Storing
• Wrapping
• Transportation
• Sale of food
• Restrictions:
• Tin containers cannot be used more than once for packaging of food.
• Printed surface of packaging material cannot come in direct contact with food.
• Newspaper or any such material, cannot be used for storing and wrapping of food.

• Standards to be followed: Specific requirements and respective Indian Standards need to be followed for primary food packaging for the following materials:
• Paper and board materials (Standards specified in Schedule-I of Packaging Regulations)
• Glass containers
• Metal and Metal Alloys (Standards specified in Schedule-II of Packaging Regulations)
• Plastic Materials (Standards specified in Schedule-III of Packaging Regulations)
  • The Packaging Regulations provide for a maximum migration limit (amount of substance released from a material into food)
• Specific Standard has also been provided for printing inks that can be used on food packages.

• Suggestive packaging material: The Packaging Regulations also provide an illustrative list (Schedule-IV) of types of packaging materials which can be used for packaging of a product category. The product categories are as follows:
• Milk and milk products
• Fats, oils and fat emulsions
• Fruit and vegetable products
• Sweets and confectionery
• Cereals and cereal products
• Meats and meat products or poultry products
• Fish and fish products or seafood
• Sweetening agents
• Salt, spices, condiments and related products
• Beverages (other than dairy and fruits and vegetables based)

Packaging materials other than the ones suggested in Schedule-IV can be used for packaging as long as they conform to the requirements of Packaging Regulations.

NITYA Comments: With the scope of the Packaging Regulations extending to transactions other than packaging and requirement for certificate of conformity, it is imperative for the food industry to gear up their internal processes (other regulations vis-à-vis advertising and claims, labelling etc. will also be effective from July 1, 2019) and ensure that the packaging materials of any kind used in day-to-day business conform to the Packaging Regulations. Although Schedule-IV of the Packaging Regulations provide an illustrative list, it is expected that the Authorities will be stringent in application of the same. Thus, it is recommended that food businesses opt for the packaging materials suggested in the Packaging Regulations.