FOOD SAFETY AND STANDARDS (FOOD PRODUCTS STANDARDS AND FOOD ADDITIVES) SIXTEENTH AMENDMENT REGULATIONS, 2017

PREAMBLE

Whereas the draft regulations, namely, the Food Safety and Standards (Food Products Standards and Food Additives) Amendment Regulations, 2016, was published vide notification of the Food Safety and Standards Authority of India number F.No. A-1/Stadnards/Agmark/2012- FSSAI (pt.I), dated the 16th August, 2016, in the Gazette of India, Extraordinary, Part III, Section 4 as required under sub- section (1) of section 92 of the Food Safety and Standards Act, 2006 (34 of 2006), inviting objections and suggestions from persons likely to be affected thereby, within a period of thirty days from the date on which the copies of the Official Gazette containing the said notification were made available to the public;

And Whereas the copies of the said Gazette were made available to the public on the 26th August, 2016;

And Whereas the objections and suggestions received from the public in respect of the said draft regulations have been considered by the Food Safety and Standards Authority of India;

Now, Therefore, in exercise of the powers conferred by clause (e) of sub- section (2) of section 92 read with section 16 of the said Act, the Food Safety and Standards Authority of India hereby makes the following regulations further to amend the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, namely:-

Regulation - 1.

(1)     These regulations may be called the Food Safety and Standards (Food Products Standards and Food Additives) Sixteenth Amendment Regulations, 2017.

 

(2)     They shall come into force on the date of their publication in the Official Gazette and Food Business Operator shall comply with all the provisions of these regulations by 1st July, 2018.

Regulation - 2.

 In the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, in regulation 2.3,-

(1)     after sub-regulation 2.3.3, the following sub-regulation shall be inserted, namely:-

"2.3.3A. CANNED TOMATOES:

1.        Canned tomatoes shall be prepared from selected, fresh, washed, cleaned, firm and ripe tomatoes of variety Lycopersicum esculentum Mill, uniform shape and free from blemish, extraneous matter, artificial colouring matter and flavouring agents, but may contain natural spices and condiments, spice oils, aromatic herbs and their extracts, natural aromas, seasoning and salt (sodium chloride) and where acidifying agents are used, sugars as prescribed in these regulations may be added.

 

2.        Tomatoes used for the purpose of canning shall be of the following styles, namely:-

 

(1)     Peeled tomatoes which are scalded, peeled and canned as whole or non-whole; and

 

(2)     Unpeeled- tomatoes packed as whole or non-whole without prior scalding and peeling.

 

3.        The style shall be specified according to the type of grinding or cutting for non-whole tomatoes, namely:-

 

(1)     Diced: tomato cut into cubes;

 

(2)     Sliced: tomato cut perpendicularly to the longitudinal axis in rounds with a regular thickness;

 

(3)     Wedges: tomato cut into roughly equal parts;

 

(4)     Pulp or crushed or chopped: tomato crushed, ground or pulped when appropriate.

 

4.        Any of the following pack may be used, namely: -

 

(1)     regular pack with a liquid medium added;

 

(2)     solid pack without any added liquid.

 

5.        Where canned tomatoes are packed in such media as tomato juice, water or tomato puree, the media shall conform to the following requirements, namely:

 

(1)     the quantity of added common salt shall not exceed 3 per cent. of the net;

Note.- when determining the quantity of added common salt, the natural content of chlorides shall be considered as equal to 2 per cent. of the dry weight content.

(2)     where calcium chloride is added as a firming agent, the total calcium-ion content must not exceed 0.045 per cent. in whole style and 0.080 per cent. in non-whole style;

 

(3)     the pH of the covering liquid shall be not higher than 4.5.

 

6.        Canned tomatoes on opening shall display the following characteristics, namely:

 

(1)     the product shall possess a good, practically uniform colour, characteristic of well-matured fruit, practically free from 'green shoulders' or any discoloration due to oxidation, processing and other causes;

Note.- Uneven distribution of pigment and changes in colour normally associated with proper processing shall not be considered as defects.

(2)     the product shall possess a good texture which means that it is just firm but not hard or unduly soft and have characteristic of tomato of proper stage of maturity and practically be uniform in size;

 

(3)     Tomatoes shall be free from off odours and their colour shall be characteristic of the variety used and proper processing;

 

(4)     the product shall be practically free from defects, the peeled product shall be virtually free from peel and in unpeeled product, the peel should be virtually intact.

 

7.        The product shall not exceed the following tolerances given for 1 kg net weight to comply with the requirements, namely:

 

(1)     Blemishes: 3.5 cm2 aggregate area;

 

(2)     Presence of peel (peeled tomatoes)

- whole style: 30 cm2 aggregate area;

- Non-whole: 125 cm2 aggregate area;

(3)     Absence of peel (unpeeled tomatoes)

- Whole style: 30 cm2 aggregate area;

- Non-whole:125 cm2 aggregate area.

8.        The product shall also conform to the requirements specified in table below, namely:

Table

9.        Containers shall be well filled with the product which shall occupy not less than 90 per cent. of the water capacity of the container.

Note 1.- The water capacity of the container is the volume of distilled water at 27oC which the sealed container will hold when completely filled.

Note 2.-When the product is packed in glass containers, the water capacity shall be reduced by 20 ml. Explanation:- for the purpose of this sub-regulation,-

(a)      "whole, peeled tomatoes" means peeled tomatoes of suitable varieties having undergone a heat treatment, packed in hermetically sealed containers with or without added water or tomato juice.

 

(b)      "non-whole, peeled tomatoes" means pieces of peeled tomatoes of suitable varieties having undergone a heat treatment, packed in hermetically sealed containers with or without added water or tomato juice.

 

(c)      "whole, unpeeled tomatoes" means unpeeled tomatoes of suitable varieties having undergone a heat treatment, packed in hermetically sealed containers with or without added water or tomato juice.

 

(d)      "non-whole, unpeeled tomatoes" means pieces of unpeeled tomatoes of suitable varieties having undergone a heat treatment, packed in hermetically sealed containers with or without added water or tomato juice.

 

(e)      "head space" means the distance between the top of the double seam and the level of the surface of the contents.

 

(f)       "absence of defects" means the degree of freedom from extraneous material, such as remnants of peel (in peeled tomatoes), core and other inedible matter, and also freedom from damage due to mechanical injury.

 

(g)      "blemished Units" means units that are blemished with some injury caused by scab, hail, frost, sunburn, insect damage or physiological disorder, black spots or enzyme activity on the surface or any other; abnormality readily visible to the naked eye to a noticeable degree.

 

(2)     for sub-regulation 2.3.8, the following sub-regulation shall be substituted, namely:-

"2.3.8 THERMALLY PROCESSED TOMATO JUICE:

1.        Thermally processed tomato juice means the unfermented juice obtained by mechanical process from sound, fresh and fully ripe tomatoes and processed by heat, before or after being sealed in a container so as to prevent spoilage. The juice may also be obtained by reconstituting the concentrate with water for the purpose of maintaining the essential composition and quality factors of the juice. The product shall be free from extraneous plant material including skins, seeds and other coarse parts of tomato but may contain finely divided insoluble solids from tomato flesh.

 

2.        The product shall have characteristic red colour and good flavour which is characteristic of properly processed product and have an evenly divided texture and consistency and product shall be free from foreign taste, in particular, the taste of burned or caramelized products. Mineral impurities content shall not exceed 0.1 per cent of the dry weight content reduced by common salt.

 

3.        The substances that may be added to the tomato juice are common salt, sugar, dextrose, spices, aromatic herbs and their extracts and natural aromas and other ingredients whose standards are prescribed in these regulations.

 

4.        The product shall be free from any added colours or artificial flavours.

 

5.        The product shall also conform to the requirements prescribed in table below:-

Table

6.        Containers shall be well filled the product which shall occupy not less than 90 per cent. of the water capacity of the container.

Note 1.- The water capacity of the container is the volume of distilled water at 27o C which the sealed container will hold when completely filled.

Note 2.- When the product is packed in glass containers, the water capacity shall be reduced by 20 ml.

(3)     for sub-regulations 2.3.31, 2.3.32 and 2.3.34 the following sub-regulation shall be substituted, namely:-

"2.3.31 JAMS, FRUIT JELLIES AND MARMALADES:

1.        Jam means the product prepared from a suitable fruit ingredient of one or two or more types which shall be-

 

(i)       whole fruit, pieces of fruit, fruit pulp or fruit puree;

 

(ii)      with or without fruit juice or concentrated fruit juice or dehydrated fruit as an optional ingredient;

 

(iii)     mixed with a nutritive sweetener, with or without water; and

 

(iv)    processed to a suitable consistency.

 

2.        Fruit jelly means product prepared by boiling fruit juice or fruit(s) or aqueous extracts of one or more fruits of sound quality, with or without water, expressing and straining the juice, adding nutritive sweeteners, and concentrating to such a consistency that gel formation takes place on cooling. The product shall be clear, sparkling and translucent. It may also contain any other ingredient suitable to the products including derivatives like fibre, extracts, spices and condiments.

 

3.        Marmalade means a mixture brought to a suitable gelled consistency of sugars and one or more of the products obtained from fruit including pulp, puree, juice, aqueous extracts and peel.

 

4.        Jelly marmalade means product from which all the insoluble solids, or all insoluble solids except for a small proportion of thinly cut peel, have been removed during the process of manufacture.

 

5.        Jams, fruit jellies and marmalades shall be prepared from any fruit ingredient singly or in combination.

 

6.        The prepared fruit content in jams, jellies and marmalades shall be not less than 45 per cent. by weight, except in strawberry, raspberry and ginger jams when the minimum fruit content shall be not less than 25 per cent. by weight. The minimum fruit content for cashew apples shall be 23 per cent. and 8 per cent. for passion fruit.

 

7.        The total soluble solids content, in the case of jams shall be not less than 65per cent. by weight and not less than 60 per cent. by weight in case of jellies and marmalades.

 

8.        The other substances that may be added to the products are cane sugar, sucrose, dextrose, and invert sugar, liquid glucose, honey, salt, herbs, spices, condiments and their extracts and other ingredients appropriate to the product whose standards are prescribed in these regulations.

 

9.        Pectin derived from any fruit may be used at GMP level.

 

10.     The product shall conform to the following quality factors, namely:-

 

(1)     in case of jams, the finished product shall have gelled consistency. It shall have colour and flavour of original fruit and shall be free from burnt or objectionable flavours, weeping, crystallization, mould growth and shall show no sign of fermentation;

 

(2)     in case of jellies and marmalades, the finished product shall be reasonably uniform and shall be of good keeping quality and attractive colour. Fruit jellies shall be of gelatinous consistency. It shall be clear, sparkling of attractive colour. It shall not be syrupy, sticky or gummy and should retain the flavour or aroma of original fruit. The product shall be free from burnt or objectionable flavours, weeping, and crystallization. Marmalades shall have a uniform suspension of peel.

 

11.     The product shall be free from extraneous matter normally associated with the fruits such as skin, pits, pit fragments and seeds.

 

12.     Containers shall be well filled with the product which shall occupy not less than 90 per cent. of the water capacity of the container.

Note 1.- The water capacity of the container is the volume of distilled water at 27oC which the sealed container will hold when completely filled.

Note 2.- When product is packed in glass containers, the water capacity shall be reduced by 20 ml.

13.     Standards specified in this sub-regulation shall not apply to-

 

(a)      the products when indicated as being intended for further processing including as those intended for use in the manufacture of fine bakery wares, pastries or biscuits;

 

(b)      the products which are clearly intended or labelled as intended for special dietary uses;

 

(c)      the reduced sugar products or those with very low sugar content;

 

(d)      the products where the foodstuffs with sweetening properties have been replaced wholly or partially by food additive sweeteners.

Explanation:- for the purpose of this sub-regulation,-

(a)      "fruit" means fresh, frozen, canned, concentrated or otherwise processed or preserved fruit, free from deterioration containing all its essential constituents and sufficiently ripe for use in the removal of blemishes, topping and tailing, cores, pits and mayor may not be peeled;

 

(b)      "fruit pulp" means the edible portions of the fruit, mashed or cut into pieces, but not reduced to a puree;

 

(c)      "fruit puree" means fruit ingredient finely divided by sieving, screening or other mechanical means;

 

(d)      "fruit juice" means the juice obtained from fruit, fermentable but unfermented, having the characteristic colour, aroma and flavour typical of the juice from the fruit from which it comes;

 

(e)      "soluble solids" means per cent. by weight of soluble solids as determined by the refract metric method corrected to 20oC using the International Sucrose Scale but making no correction for insoluble solids or seeds;

 

(f)       "pit " means whole pit or stone in fruits, such as cherries, that are normally pitted; or a piece of pit of approximately one-half pit;

 

(g)      "pit fragments" means pieces of pit less than the equivalent of one-half pits, and which weighs at least 5 mg.