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THE GAZETTE OF INDIA EXTRAORDINARY

regulations · 2006 · State unknown

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Parent: THE FOOD SAFETY AND STANDARDS ACT, 2006 (850f1f1d4eb97f1358a8d8224b7603cd80673d56)

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10 THE GAZETTE OF INDIA EXTRAORDINARY [PART III SEc. 4] MINISTRY OFHEALTHANDFAMILY WELFARE Food Safety and Standards Authority of India) Notification New Delhi, dated the August, 2011 FNo. 2-15015/30/2010 Whereas in exercise of the powers conferred by clause (1) of subsection (2) of section 92 read with section 26 of Food Safety and Standards Act; 2006 (34 of 2006) the Food Safety and Standards Authority of India proposes to make Food Safety and Standards Regulations in so far as they relates to Food Safety and Standards (Prohibition and Restrictions on sales) Regulations, 2011,and; Whereas these draft Regulations were published in consolidated form at pages 1 to 776 in the Gazette of India Extraordinary Part III Sec. 4 dated 20h October 2010 inviting objections and suggestions from all persons likely to be affected thereby before the expiry of the period of thirty days from the date on which the copies of the Gazette containing the said notification were made available to the public; And whereas the copies of the Gazette were made available to the public on the 21s October 2010; And whereas objections and suggestions received from the stakeholders within the specified period on the said draft Regulations have been considered and finalized by the Food Safety and Standards Authority of India. Now therefore, the Food Safety and Standards Authority of India hereby makes the following Regulations, namely; FOOD SAFETYAND STANDARDS (PROHIBITIONAND RESTRICTIONS ON SALES) REGULATIONS, 2011 CHAPTER 1 GENERAL 1.1: Title and commencement- 1.1.l: These regulations may be called the Food Safety and Standards (Prohibition and Restrictions o sales) Regulations, 2011. 1.1.2: These regulations shall come into force On O after Su August, 2011. 1.2: Definitions- In these regulations unles

Rule TOC

1 · 1: Title and commencement-
1 · 1.l: These regulations may be called the Food Safety and Standards (Prohibition and Restrictions o sales) Regulations, 2011. 1.1.2: These regulations shall come into force On O after Su August, 2011. 1.2: Definitions- In these regulations unless the context otherwise requires: 1. "ingredient" means any substance, including a food additive used in the manufacture Or preparation of food and present in the final product; possibly in a modified form;
2 · 1 Sale of certain admixtures prohibited 2.1.1 Notwithstanding the provisions of 2.7 of labelling and packaging regulations no person shall either by himself or by any servant or agent sell cream which has not been prepared exclusively from milk o which contains less than 25 per cent. of milk fat; (2) milk which contains any added water; (3) ghee which contains any added matter not exclusively derived from milk fat; skimmed milk (fat abstracted) as milk; 5) a mixture oftwo or more edible oils as an edible oil; vanaspati to which ghee Or any other substance has been added; turmeric containing any foreign substance; 8 mixture of coffee and any other substance except chicory; dahi or curd not prepared from boiled, pasteurised or sterilized milk;
2 · 2.1: No person in any State shall_ with effect from such date as the state government concerned may by notification in the official gazette specify in this behalf, sell Or offer O expose for sale, or have in his possession for the purpose of sale, under any description O for use as an ingredient in the preparation of any article of food intended for sale: _ a) Kesari gram (Lathyrus sativus_ and its products_ (b) Kesari dal (Lathyrus sativus) and its products. Kesari dal flour (Lathyrus sativus_ and its products. (d) Amixture of Kesari gram (Lathyrus sativus_ and Bengal-gram (Cicer arietinum) or any other gram. (e) Amixture of Kesari dal (Lathyrus sativus_ and Bengal-gram dal (Cicer arietinum) or any other dal. (f) Amixture of Kesari dal (Lathyrus sativus flour and Bengal-gram (Cicer arietinum) flour or any other flour: Explanation. The equivalent of kesari gram in some of the Indian Languages are as follows 13 Assamese Khesari, Teora_ 2 Bengali Khesari, Teora, KaSsur; Batura_ 3 Bihari Khesari, Teora; Kassur, Batura_ 4 English Chikling vetch: 5_ Gujarati Lang
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2 · 3 Prohibition and Restriction on sale of certain products
2 · 3.1: Prohibition on sale of food articles coated with mineral oil: No person shall sell or offer or expose for sale or have in his premises for the purpose of sale under any description, food articles which have been coated with mineral oil, except where the addition of mineral oil is permitted in accordance with the standards laid down in these Regulations and Food Safety and Standards (Food Products Standards and Food Additives) regulations, 2011. 2.3.2: Restriction 0n sale of Carbia Callosa and Honey dew:Carbia Callosa and Honey dew shall be sold only in sealed containers bearing Agmark seal_ 2.3.3: Food resembling but not pure honey not be marketed as honey: No person shall use the word *honey or any word, mark, illustration or device that suggests honey on the label o any package of, or in any advertisement for; any food that resembles honey but is not pure honey: 2.3.4: Product not to contain any substance which may be injurious t0 health: Tobacco and nicotine shall not be used as ingredients in any food products 2.3.5: Prohibition of use of carbide gas in ripening of fruits: No person shall sell or offer or expose for sale or have in his premises for the purpose of sale under any description, fruits which have been artificially ripened by use of acetylene gas, commonly known as carbide gas_ 2.3.6: Sale of Fresh Fruits and Vegetables: The Fresh Fruits and Vegetables shall be free from rotting and free from coating of waxes, mineral oil and colours_ Provided that fresh fruits may be coated with bees wax (white and yellow) orcarnauba wax O shellac wax at level not exceeding Good Manufacturing Practices under proper label declaration as provided in Regulation 2.4.5 (44) of Food Safety and Standards (Packaging and Labelling) regulations, 2011. 2.3.7: Sale Or use for sale of admixtures of ghee or butter prohibited: No person shall sell orhave in his possession for the purpose of sale or for use as an ingredient in the preparation of an article of food for sale a mixture of ghee or butter and any substance prepared in imitation of Or as a substitute for ghee or butter, Or consisting of O containing any oil or fat which does not conform to the definition of ghee; Provided that where a mixture prohibited by this regulation is required for the preparation ofan article of food, such mixture shall be made only at the time of the preparation Of such article of food. 2.3.8: Restriction on sale of ghee having less Reichert value than that specified for the area where such ghee is sold. (1) The ghee having less Reichert value and a different standard for Butyro-refractometer reading at 40' € than that specified for the area in which it is imported for sale O storage shall not be sold O stored in that area except under the *AGMARK' seal: Provided that such ghee may be sold lose, after opening the AGMARK' sealed container; in quantities not exceeding two kilograms at a time, and (ii) used in the preparation f confectionery (including sweetmeats)
2 · 3.9 Restriction on sale of Til Oil produced in Tripura, Assam and West Bengal. Til Oil (Sesame Oil) obtained from white sesame seeds, grown in Tripura, Assam and West Bengal having different standards than those specified for til oil shall be sold in sealed containers bearing Agmark label. Where this til oil is sold or offered for sale without bearing an Agmark label, the standard given for til oil shall apply:
2 · 3.10 Restriction on sale of Kangra tea. Kangra tea shall be sold or offered for sale only afterit is graded and marked in accordance with the provisions of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937) and the regulations made there under:
2 · 3.11: Condition for sale of flavoured tea: Flavoured tea shall be sold or offered for sale only by those manufacturers who are registered with Tea Board. Registration number shall be mentioned on the label. It shall be sold only in packed conditions with label declaration as provided in the Regulation 2.4.5 (23) of Food Safety and Standards (Packaging and Labelling) regulations, 2011.
2 · 3.12: Restriction 0n sale of common salt _ No person shall sell or offer or expose for sale or have in his premises for the purpose of sale, the common salt, for direct human consumption unless the same is iodized: Provided that common salt may be sold or exposed for sale Or stored for sale for iodization, iron fortification, animal use, preservation, manufacturing medicines, and industrial use, under proper label declarations, as specified in the Regulation 2.4.5 (21 & 42) of Food Safety and Standards (Packaging and Labelling) regulations, 2011.
2 · 3.13: Use of flesh ofnaturally dead animals or fowls prohibited. No person shall sell or use as an ingredient in the preparation of any article of food intended for sale, the flesh of any animal or fowl which has died on account of natural causes_
2 · 3.14: Restrictions relating to conditions for sale 1) No person shall store, expose for sale Or permit the sale of any insecticide in the same premises where articles of food are stored, manufactured o exposed for sale: Provided that nothing in this regulation shall apply to the approved household insecticides which have been registered as such under the Insecticides Act 1968 (46 of 1968). Explanation:-~For the purpose ofthis regulation, the word insecticide has the same meaning as assigned to it in the Insecticides Act, 1968 (46 of 1968). (2) No person shall sell o serve food in any "commercial establishment" in plastic articles used in catering and cutlery, unless the plastic material used in catering and cutlery articles, conform to the food grade plastic, specified in these regulations Explanation:- For the purpose of the Regulation 2.3.14 (2), commercial establishment' means any establishment called by whatever name, being runl managed by any person or by any authority of the Governmentl Semi-Government or by any corporatel registered body which deals in the business of selling Or serving food: (3) Iron fortified common salt shall be sold only in high density polyethylene bag HDPE) 14 mesh, density 100 kg/m', unlaminated package which shall bear the lable as specified in the Regulation 2.4.5 (21 & 42) of Food Safety and Standards (Packaging and Labelling) regulations, 2011.
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1 · 1: Title and commencement-
1 · 1.1: These regulations may be called the Food Safety and Standards (Prohibition and Restrictions on sales) Regulations, 2011. 1.1.2: These regulations shall come into force on O after Sth August; 2011. 1.2: Definitions - In these regulations unless the context otherwise requires: 1. ~ingredient" means any substance, including a food additive used in the manufacture Or preparation of food and present in the final product, possibly in a modified form;
2 · 1Sale of certain admixtures prohibited 2.1.1Notwithstanding the provisions of 2.7 of labelling ad packaging regulations no person shall either by himself or by any servant O agent sell (1) 4[Omitted] (2)milk which contains any added water; (3)ghee which contains any added matter not exclusively derived from milk fat; 4)skimmed milk fat abstracted) as milk; (S)a mixture of two or more edible oils as an edible oil; vanaspati to which ghee o any other substance has been added; turmeric containing any foreign substance; 8) mixture of coffee and any other substance except chicory; (9)dahi or curd not prepared from boiled, pasteurised or sterilized milk;
2 · 2.1: No person in any State shall, with effect from such date as the state government concerned may by notification in the official gazette specify in this behalf, sell or offer Or expose for sale, or have in his possession for the purpose of sale, under any description or for use as an ingredient in the preparation of any article of food intended for sale: (a) Kesari gram (Lathyrus sativus) and its products (b) Kesari dal (Lathyrus sativus) and its products. (c) Kesari dal flour (Lathyrus sativus) and its products (d)A mixture of Kesari gram (Lathyrus sativus) and Bengal-gram (Cicer arietinum) or any other gram. (e) A mixture of Kesari dal (Lathyrus sativus) and Bengal-gram dal (Cicer arietinum) or any other dal. A mixture of Kesari dal (Lathyrus sativus) flour and Bengal-gram (Cicer arietinum) flour O any other flour.
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10 · Marathi 11. Oriya 12. Persian 13. Punjabi 14. Sanskrit 15. Sindhi 16. Telugu
2 · 3 Prohibition and Restriction On sale of certain products 2.3.1: Prohibition on sale of food articles coated with mineral oil: No person shall sell or offer Or expose for sale o have in his premises for the purpose of sale under any description, food articles which have been coated with mineral oil, except where the addition of mineral oil is permitted in accordance with the standards laid down in these Regulations and Food Safety and Standards Food Products Standards and Food Additives) regulations, 2011. 2.3.2: Restriction 0n sale of Carbia Callosa and Honey dew:Carbia Callosa and Honey dew shall be sold only in sealed containers bearing Agmark seal. 2.3.3: Food resembling but not pure honey not be marketed as honey: No person shall use the word honey' Or any word, mark, illustration or device that suggests honey on the label or any package 0f, or in any advertisement for, any food that resembles honey but is not pure honey. 2.3.4: Product not to contain any substance which may be injurious to health: Tobacco and nicotine shall not be used as ingredients in any food products. 2.3.5: Prohibition of use of carbide gas in ripening of fruits: No person shall sell or offer O expose for sale or have in his premises for the purpose of sale under any description, fruits which have been artificially ripened by use of acetylene gas, commonly known as carbide gas. A[Provided that fruits may be artificially ripened by use of Ethylene gas at a concentration upto 100 ppm (IOOul/L) depending upon the crop, variety and maturity.]
2 · 3.6: Sale of Fresh Fruits and Vegetables: The Fresh Fruits and Vegetables shall be free from rotting and free from coating of waxes, mineral oil and colours. Provided that fresh fruits may be coated with bees wax white and yellow) or carnauba wax or shellac wax at level not exceeding Good Manufacturing Practices under proper label declaration as provided in Regulation 2.4.5 (44) of Food Safety and Standards (Packaging and Labelling) regulations, 2011. 2.3.7: Sale O use for sale of admixtures of ghee o butter prohibited: No person shall sell or have in his possession for the purpose of sale o for use as an ingredient in the preparation of an article of food for sale a mixture of ghee or butter and any substance (1) prepared in imitation of o as substitute for ghee or butter, O (2) consisting of o containing any oil or fat which does not conform to the definition of ghee; Provided that where mixture prohibited by this regulation is required for the preparation of an article of food, such mixture shall be made only at the time of the preparation of such article of food 2.3.8: Restriction on sale of ghee having less Reichert value than that specified for the area where such ghee is sold. 1 The ghee having less Reichert value and a different standard for Butyro-refractometer reading at 400 than that specified for the area in which it is imported for sale or storage shall not be sold O stored in that area except under the AGMARK' seal: Provided that such ghee may be (i) sold lose, after opening the AGMARK' sealed container; in quantities not exceeding two kilograms at a time, and (ii) used in the preparation of confectionery (including sweetmeats)
2 · 3.9: Restriction on sale of Til Oil produced in Tripura, Assam and West Bengal. Til Oil (Sesame Oil) obtained from white sesame seeds, grown in Tripura, Assam and West Bengal having different standards than those specified for til oil shall be sold in sealed containers bearing Agmark label. Where this til oil is sold O offered for sale without bearing an Agmark label, the standard given for til oil shall apply.
2 · 3.10 Restriction on sale of Kangra tea. Kangra tea shall be sold or offered for sale only after it is graded and marked in accordance with the provisions of the Agricultural Produce (Grading and Marking) Act; 1937 (1 of 1937) and the regulations made there under
2 · 3.11: Condition for sale of flavoured tea: Flavoured tea shall be sold or offered for sale only by those manufacturers who are registered with Tea Board. Registration number shall be mentioned on the label. It shall be sold oly in packed conditions with label declaration as provided in the Regulation 2.4.5 (23) of Food Safety and Standards (Packaging and Labelling) regulations, 2011.
2 · 3.12: Restriction on sale of common salt No person shall sell 0r offer OT expose for sale or have in his premises for the purpose of sale, the common salt, for direct human consumption unless the same is iodized: Provided that common salt may be sold or exposed for sale or stored for sale for iodization, iron fortification, animal use, preservation, manufacturing medicines, and industrial use, under proper label declarations, as specified in the Regulation 2.4.5 (21 & 42) of Food Safety and Standards (Packaging and Labelling) regulations, 2011.
2 · 3.13: Use of flesh of naturally dead animals O fowls prohibited No person shall sell or use as an ingredient in the preparation of any article of food intended for sale, the flesh of any animal or fowl which has died on account of natural causes.
2 · 3.14: Restrictions relating to conditions for sale (1) No person shall store, expose for sale or permit the sale of any insecticide in the same premises where articles of food are stored, manufactured or exposed for sale: Provided that nothing in this regulation shall apply to the approved household insecticides which have been registered as such under the Insecticides Act 1968 (46 of 1968). Explanation. ~For the purpose of this regulation, the word insecticide has the same meaning as assigned to it in the Insecticides Act, 1968 (46 of 1968). (2) No person shall sell or serve food in any "commercial establishment" in plastic articles used in catering and cutlery, unless the plastic material used in catering and cutlery articles, conform to the food grade plastic, specified in these regulations. Explanation: - For the purpose of the Regulation 2.3.14 (2), "commercial establishment" means any establishment, called by whatever name, being runl managed by any person or by any authority of the Governmentl Semi-Government or by any corporatel registered body which deals in the business of selling O serving food: (3) Iron fortified common salt shall be sold only in high density polyethylene bag (HDPE) (14 Version -Il (18.12.2017)
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1 · FNo. 4/15015/30/2011, dated 8 February, 2013.
2 · F.No. Stds/F& VP/Notification (02Y/FSSAI-2016, dated 23rd August; 2016.
3 · FNo. Stds/O&F/Notification(2)/FSSAI-2016, dated 23rd August;, 2016. 4. FNo. A-l ( )Standards/MMP/2012, dated 12th October; 2017.