Debashree Mitra, LLM (Business and Trade Law), Ramaiah College of Law, Bangalore
ABSTRACT
The Food Safety and Standards Act, 20061, is a pivotal legislation in India aimed at consolidating and modernizing various food laws to ensure the safety and quality of food products available for human consumption. This critical analysis examines the Act's strengths and limitations in achieving its objectives.
The Act's positive aspects include streamlining and harmonization of food regulations, enhanced consumer protection, the establishment of the Food Safety and Standards Authority of India (FSSAI)2, and guidelines for hygiene and quality control. These aspects have contributed to a more organized and standardized approach to food safety in the country.
However, several challenges and limitations hinder the Act's effective implementation and enforcement. Insufficient resources, infrastructure, and manpower have resulted in inconsistent enforcement across different regions. Small-scale food businesses face compliance challenges due to stringent requirements and costs, potentially affecting their survival. Additionally, a lack of awareness among consumers and food operators impedes the Act's effectiveness.
The Act addresses certain aspects of food safety, but challenges such as cross-contamination, adulteration, and food fraud persist, necessitating improved monitoring mechanisms. Delays in setting and revising food safety standards and the need for better coordination between central and state authorities are also areas of concern.
Moreover, international harmonization with global food safety standards is essential for smooth trade and consumer protection.
To overcome these limitations, continuous monitoring, capacity building, and stakeholder engagement are crucial. Further, there is a need to enhance awareness among consumers and food businesses while fostering collaboration between government agencies and industry stakeholders. This critical analysis aims to shed light on the Act's strengths and limitations and suggests potential areas for improvement to ensure safe and quality food for all consumers in India.
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