FOOD SAFETY AND STANDARDS (PACKAGING AND LABELLING) REGULATIONS, 2011

FOOD SAFETY AND STANDARDS (PACKAGING AND LABELLING) REGULATIONS, 2011[1]

PREAMBLE

Whereas in exercise of the powers conferred by clause (k) of subsection (2) of section 92 read with section 23 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 they relates to Food Safety and Standards (Packaging and Labelling) 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 20th 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 21st 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,

CHAPTER 1 GENERAL

1.1. Short title and commencement.

1.1.1: These regulations may be called the Food Safety and Standards (Packaging and labelling) Regulations, 2011

1.1.2: These regulations shall come into force on or after 5th August, 2011

1.2. Definitions.

1.2.1: In these regulations unless the context otherwise requires:

(1)     "Best before" means the date which signifies the end of the period under any stated storage conditions during which the food shall remain fully marketable and shall retain any specific qualities for which tacit or express claims have been made and beyond that date, the food may still be perfectly safe to consume, though its quality may have diminished. However the food shall not be sold if at any stage the product becomes unsafe.

(2)     "Date of manufacture" means the date on which the food becomes the product as described;

(3)     "Date of packaging" means the date on which the food is placed in the immediate container in which it will be ultimately sold;

(4)     "Infant" means a child not more than twelve months of age;

(5)     "Lot number" or "code number" or "batch number" means the number either in numericals or alphabets or in combination thereof, representing the lot number or code number or batch number, being preceded by the words "Lot No" or "Lot" or "code number" or "Code" or Batch No" or "Batch" or any distinguishing prefix by which the food can be traced in manufacture and identified in distribution.

(6)     "Multipiece package" means a package containing two or more individually packaged or labelled pieces of the same commodity of identical quantity, intended for retail either in individual pieces or packages as a whole.

(7)     "Non- Vegetarian Food" means an article of food which contains whole or part of any animal including birds, fresh water or marine animals or eggs or products of any animal origin, but excluding milk or milk products, as an ingredient;

(8)     "Prepackaged" or "Pre-packed food", means food, which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the consumer.

Note: The expression "package" wherever it occurs in these Regulations, shall be construed as package containing pre-packed food articles.

(9)     "Principal Display Panel" means that part of the container/package which is intended or likely to be displayed or presented or shown or examined by the customer under normal and customary conditions of display, sale or purchase of the commodity contained therein.

(10)   "Use - by date" or "Recommended last consumption date" or "Expiry date" means the date which signifies the end of the estimated period under any stated storage conditions, after which the food probably will not have the quality and safety attributes normally expected by the consumers and the food shall not be sold;

(11)   "Vegetarian Food" means any article of Food other than Non- Vegetarian Food as defined in regulation 1.2.1 (7).

(12)   "Wholesale package" means a package containing

(a)      a number of retail packages, where such first mentioned package is intended for sale, distribution or delivery to an intermediary and is not intended for sale direct to a single consumer; or

(b)      a commodity of food sold to an intermediary in bulk to enable such intermediary to sell, distribute or deliver such commodity of food to the consumer in smaller quantities.

CHAPTER 2 Packaging and Labelling

2.1: Packaging.

2.1.1: General Requirements

(1)     A utensil or container made of the following materials or metals, when used in the preparation, packaging and storing of food shall be deemed to render it unfit for human consumption:

(a)      containers which are rusty;

(b)      enameled containers which have become chipped and rusty;

(c)      copper or brass containers which are not properly tinned

(d)      containers made of aluminium not conforming in chemical composition to IS: 20 specification for Cast Aluminium & Aluminium Alloy for utensils or IS: 21 specification for Wrought Aluminium and Aluminium Alloy for utensils.

(2)     Containers made of plastic materials should conform to the following Indian Standards Specification, used as appliances or receptacles for packing or storing whether partly or wholly, food articles namely :

(i)       IS : 10146 (Specification for Polyethylene in contact with foodstuffs);

(ii)      IS : 10142 (Specification for Styrene Polymers in contact with foodstuffs);

(iii)     IS : 10151 (Specification for Polyvinyl Chloride (PVC), in contact with foodstuffs);

(iv)    IS : 10910 (Specification for Polypropylene in contact with foodstuffs);

(v)      IS : 11434 (Specification for Ionomer Resins in contact with foodstuffs);

(vi)    IS: 11704 Specification for Ethylene Acrylic Acid (EAA) copolymer.

(vii)   IS: 12252 - Specification for Poly alky lene terephathalates (PET).

(viii)  IS: 12247 - Specification for Nylon 6 Polymer;

(ix)    IS: 13601 - Ethylene Vinyl Acetate (EVA);

(x)      IS: 13576 - Ethylene Metha Acrylic Acid (EMAA);

(xi)    Tin and plastic containers once used, shall not be re-used for packaging of edible oils and fats;

Provided that utensils or containers made of copper though not properly tinned, may be used for the preparation of sugar confectionery or essential oils and mere use of such utensils or containers shall not be deemed to render sugar confectionery or essential oils unfit for human consumption.

(3)     General packaging requirements for Canned products,

(i)       All containers shall be securely packed and sealed.

(ii)      The exterior of the cans shall be free from major dents, rust, perforations and seam distortions.

(iii)     Cans shall be free from leaks.

2.1.2: Product specific requirements

(1)     Packaging requirements for Milk and Milk Products

(a)      Bottling or filling of containers with heat-treated milk and milk product shall be carried out mechanically and the sealing of the containers shall be carried out automatically.

(b)      Wrapping or packaging may not be re-used for dairy products, except where the containers are of a type which may be re-used after thorough cleaning and disinfecting.

(c)      Sealing shall be carried out in the establishment in which the last heat-treatment of drinking milk or liquid milk-base products has been carried out, immediately after filling, by means of a sealing device which ensures that the milk is protected from any adverse effects of external origin on its characteristic. The sealing device shall be so designed that once the container has been opened, the evidence of opening remains clear and easy to check.

(d)      Immediately after packaging, the dairy products shall be placed in the rooms provided for storage.

(2)     Packaging requirements for Edible oil/ fat:

Tin Plate used for the manufacture of tin containers for packaging edible oils and fats shall conform to the standards of prime grade quality contained in B.I.S. Standards No. 1993 or 13955 or 9025 or 13954 as amended from time to time and in respect of Tin containers for packaging edible oils and fats shall conform to IS No. 10325 or 10339 as amended from time to time.

(3)     Packaging requirements for Fruits and Vegetables Products

(i)       Every container in which any fruit product is packed shall be so sealed that it cannot be opened without destroying the licensing number and the special identification mark of the manufacture to be displayed on the top or neck of the bottle.

(ii)      For Canned fruits, juices and vegetables, sanitary top cans made up of suitable kind of tin plates shall be used.

(iii)     For Bottled fruits, juices and vegetables, only bottles/ jars capable of giving hermetic seal shall be used.

(iv)    Juices, squashes, crush, cordials, syrups, barley waters and other beverages shall be packed in clean bottles securely sealed. These products when frozen and sold in the form of ice shall be packed in suitable cartons. Juices and Pulps may be packed in wooden barrels when sulphited.

(v)      For packing Preserves, Jams, Jellies, and Marmalades, new cans, clean jars, new canisters, bottles, chinaware jars, aluminium containers may be used and it shall be securely sealed.

(vi)    For Pickles, clean bottles, jars, wooden casks, tin containers covered from inside with polythene lining of 250 gauge or suitable lacquered cans shall be used.

(vii)   For Tomato Ketchups and Sauces, clean bottles shall be used. If acidity does not exceed 0.5% as acetic acid, open top sanitary cans may also be used.

(viii)  Candied fruits and peels and dried fruits and vegetables can be packed in paper bags, cardboard or wooden boxes, new tins, bottles, jars, aluminium and other suitable approved containers.

(ix)    Fruits and Vegetable products can also be packed in aseptic and flexible packaging material having good grade quality conforming to the standards laid down by BIS.

(4)     Packaging requirements for Canned Meat Products

(i)       New sanitary top cans made from suitable kind of tin plate shall be used. The cans shall be lacquered internally; they shall be sealed hermetically after filling. The lacquer used shall be sulphur resistant and shall not be soluble in fat or brine.

(ii)      Cans used for filling pork luncheon meat shall be coated internally with edible gelatin, lard or lined with vegetable parchment paper before being filled.

(iii)     Meat products packed in hermetically sealed containers shall be processed to withstand spoilage under commercial conditions of storage and transport.

(5)     Packaging requirements for Drinking Water (Both Packaged and Mineral Water)

It shall be packed in clean, hygienic, colourless, transparent and tamperproof bottles/containers made of polyethylene (PE) (conforming to IS: 10146 or polyvinyl chloride (PVC) conforming to IS : 10151 or polyalkylene terephthalate (PET and PBT) conforming to IS : 12252 or polypropylene conforming to IS : 10910 or foodgrade polycarbonate or sterile glass bottles suitable for preventing possible adulteration or contamination of the water.

All packaging materials of plastic origin shall pass the prescribed overall migration and colour migration limits.

2.2: Labelling

2.2.1: General Requirements

(1)     Every prepackaged food shall carry a label containing information as required here under unless otherwise provided, namely,

(2)     The particulars of declaration required under these Regulations to be specified on the label shall be in English or Hindi in Devnagri script:

Provided that nothing herein contained shall prevent the use of any other language in addition to the language required under this regulation.

(3)     Pre-packaged food shall not be described or presented on any label or in any labelling manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character in any respect;

(4)     Label in pre-packaged foods shall be applied in such a manner that they will not become separated from the container;

(5)     Contents on the label shall be clear, prominent, indelible and readily legible by the consumer under normal conditions of purchase and use;

(6)     Where the container is covered by a wrapper, the wrapper shall carry the necessary information or the label on the container shall be readily legible through the outer wrapper and not obscured by it;

[2][(7) License number shall be displayed on the principal display panel in the following format, namely:-

* Provided that the existing products of a unit shall comply with the requirement of this clause on and after the six months of commencement of the Food Safety and Standards (Packaging and Labelling) Amendment Regulation, 2013.]

2.2.2: Labelling of Pre-packaged Foods

In addition to the General Labelling requirements specified in 2.2.1 above every package of food shall carry the following information on the label, namely,

(1)     The Name of Food: The name of the food shall include trade name or description of food contained in the package.

(2)     List of Ingredients: Except for single ingredient foods, a list of ingredients shall be declared on the label in the following manner:

(a)      The list of ingredients shall contain an appropriate title, such as the term "Ingredients";

(b)      The name of Ingredients used in the product shall be listed in descending order of their composition by weight or volume, as the case may be, at the time of its manufacture;

(c)      A specific name shall be used for ingredients in the list of Ingredients;

Provided that for Ingredients falling in the respective classes, the following class titles may be used, namely:-

Provided further that pork fat, lard and beef fat or extract thereof shall be declared by their specific names;

(d)      Where an ingredient itself is the product of two or more ingredients, such a compound ingredients shall be declared in the list of ingredients, and shall be accompanied by a list, in brackets, of its ingredients in descending order of weight or volume, as the case may be:

Provided that where a compound ingredient, constitutes less than five percent of the food, the list of ingredients of the compound ingredient, other than food additive, need not to be declared;

(e)      Added water shall be declared in the list of ingredients except in cases where water forms part of an ingredient, such as, brine, syrup or broth, used in the compound food and so declared in the list of ingredients:

Provided that water or other volatile ingredients evaporated in the course of manufacture need not be declared;

Provided further that in the case of dehydrated or condensed food, which are intended to be reconstituted by addition of water, the ingredients in such reconstituted food shall be declared in descending order of weight or volume as the case may be, and shall contain a statement such as "Ingredients of the product when prepared in accordance with the directions on the label";

(f)       Every package of food sold as a mixture or combination shall disclose the percentage of the ingredient used at the time of the manufacture of the food (including compound ingredients or categories of ingredients), if such ingredient-

(i)       is emphasised as present on the label through words or pictures or graphics; or

(ii)      is not within the name of the food but, is essential to characterise the food and is expected to be present in the food by consumers, and if the omission of the quantitative ingredient declaration will mislead or deceive the consumer.

Provided that where the ingredient has been used as flavouring agent, the disclosure of such ingredient is not required:

Provided further that where the drained net weight is indicated on the label as required or in case of such food products where specific provisions are stipulated under these Regulations or where a pictorial representation of a serving suggestion is made for consumer information and use, the disclosure of such ingredient is not required.

Provided further that in case of any bottle containing liquid milk or liquid beverage having milk as an ingredient, soft drink, carbonated water or ready-to-serve fruit beverages, the declarations with regard to addition of fruit pulp and fruit juice shall invariably appear on the body of the bottle.

(3)     Nutritional information - Nutritional Information or nutritional facts per 100 gm or 100ml or per serving of the product shall be given on the label containing the following:

(i)       energy value in kcal;

(ii)      the amounts of protein, carbohydrate (specify quantity of sugar) and fat in gram (g) or ml;

(iii)     the amount of any other nutrient for which a nutrition or health claim is made:

Provided that where a claim is made regarding the amount or type of fatty acids or the amount of cholesterol, the amount of saturated fatty acids, monounsaturated fatty acids and polyunsaturated fatty acids in gram (g) and cholesterol in milligram (mg) shall be declared, and the amount of trans fatty acid in gram (g) shall be declared in addition to the other requirement stipulated above;

(iv)    Wherever, numerical information on vitamins and minerals is declared, it shall be expressed in metric units;

(v)      Where the nutrition declaration is made per serving, the amount in gram (g) or milliliter (ml) shall be included for reference beside the serving measure;

Provided that the food claimed to be enriched with nutrients, such as, minerals, proteins, vitamins, metals or their compounds, amino acids or enzymes shall give the quantities of such added nutrients on the label.

Provided that

(i)       the nutritional information may not be necessary, in case of foods such as raw agricultural commodities, like, wheat, rice, cereals, spices, spice mixes, herbs, condiments, table salt, sugar, jaggery, or non -nutritive products, like, soluble tea, coffee, soluble coffee, coffee-chicory mixture, packaged drinking water, packaged mineral water, alcoholic beverages or fruit and vegetables, processed and pre- packaged assorted vegetables, fruits, vegetables and products that comprise of single ingredient, pickles, papad, or foods served for immediate consumption such as served in hospitals, hotels or by food services vendors or halwais, or food shipped in bulk which is not for sale in that form to consumers.

(ii)      The compliance to quantity of declared nutrients on the label shall be according to the established practices.

Explanation  For the purpose of this provision, at the time of analysis, due consideration, based on shelf-life, storage, and inherent nature of the food shall be kept in view in case of quantity declared nutrients;

[4][(iii) Every package of edible oils, interesterified vegetable fat, both hydrogenated or partially hydrogenated oils, edible fats, margarine and fat spreads (mixed fat spread and vegetable fat spread) and package of food in which fats, oils and fat emulsions is used as an ingredient shall declare the quantity of trans fat content and saturated fat content on the label;]

Provided further that, a health claim of 'trans fat free' may be made in cases where the trans fat is less than 0.2 gm per serving of food and the claim 'saturated fat free' may be made in cases where the saturated fat does not exceed 0.1 gm per 100 gm or 100 ml of food.

For the purpose of regulation 2.2.2 (3);

(i)       "Health claims" means any representation that states, suggests or implies that a relationship exists between a food or a constituent of that food and health and include nutrition claims which describe the physiological role of the nutrient in growth, development and normal functions of the body, other functional claims concerning specific beneficial effect of the consumption of food or its constituents, in the context of the total diet, on normal functions or biological activities of the body and such claims relate to a positive contribution to health or to the improvement of function or to modifying or preserving health, or disease, risk reduction claim relating to the consumption of a food or food constituents, in the context of the total diet, to the reduced risk of developing a disease or health related condition;

(ii)      "Nutrition claim" means any representation which states, suggests or implies that a food has particular nutritional properties which are not limited to the energy value but include protein, fat carbohydrates, vitamins and minerals;

(iii)     "Risk reduction" in the context of health claims means significantly altering a major risk factor for a disease or health-related condition;

[5][(iv) Edible vegetable oils, fats including hydrogenated vegetable oils, and processed and packaged foods with declared shelf life will have the following declaration on the label:

Provided further that in the case of returnable new glass bottle manufactured and used for packing of such beverages on or after 19th March 2009, the list of ingredient and nutritional information shall be given on the bottle.

(4)     Declaration regarding Veg or Non-veg
 

(i)       Every package of "Non Vegetarian" food shall bear a declaration to this effect made by a symbol and colour code as stipulated below to indicate that the product is Non-Vegetarian Food. The symbol shall consist of a brown colour filled circle having a diameter not less than the minimum size specified in the Table mentioned in the regulation 2.2.2 (4) (iv), inside a square with brown outline having sides double the diameter of the circle as indicated below :

Brown colour

(ii)      Where any article of food contains egg only as Non-Vegetarian ingredient, the manufacturer, or packer or seller may give declaration to this effect in addition to the said symbol.

(iii)     Every package of Vegetarian Food shall bear a declaration to this effect by a symbol and colour code as stipulated below for this purpose to indicate that the product is Vegetarian Food. The symbol shall consist of a green colour filled circle, having a diameter not less than the minimum size specified in the Table below, inside the square with green outline having size double the diameter of the circle, as indicated below :

Green colour 

(iv)    Size of the logo

The symbol shall be prominently displayed

(i)       on the package having contrast background on principal display panel;

(ii)      just close in proximity to the name or brand name of the product;

(iii)     on the labels, containers, pamphlets, leaflets, advertisements in any media;

Provided also that the provisions of regulation 2.2.2(4) shall not apply in respect of mineral water or packaged drinking water or carbonated water or alcoholic drinks, or liquid milk and milk powders.

(5)     Declaration regarding Food Additives-

(i)       For food additives falling in the respective classes and appearing in lists of food additives permitted for use in foods generally, the following class titles shall be used together with the specific names or recognized international numerical identifications:

Acidity Regulator, Acids, Anticaking Agent, Antifoaming Agent, Antioxidant, Bulking Agent, Colour, Colour Retention Agent, Emulsifier, Emulsifying Salt, Firming Agent, Flour Treatment Agent, Flavour Enhancer, Foaming Agent, Gelling Agent, Glazing Agent, Humectant, Preservative, Propellant, Raising Agent, Stabilizer, Sweetener, Thickener:

(ii)      Addition of colours and/or Flavours

(a)      Extraneous addition of colouring matter to be mentioned on the label - Where an extraneous colouring matter has been added to any article of food, there shall be displayed one of the following statements in capital letters, just beneath the list of the ingredients on the label attached to any package of food so coloured, namely:

CONTAINS PERMITTED NATURAL COLOUR(S)

OR

CONTAINS PERMITTED SYNTHETIC FOOD COLOUR(S)

OR

CONTAINS PERMITTED NATURAL AND SYNTHETIC FOOD COLOUR(S)

Provided that where such a statement is displayed along with the name or INS no of the food colour, the colour used in the product need not be mentioned in the list of ingredients.

(b)      Extraneous addition of flavouring agents to be mentioned on the label.

Where an extraneous flavouring agent has been added to any article of food, there shall be written just beneath the list of ingredients on the label attached to any package of food so flavoured, a statement in capital letters as below :

CONTAINS ADDED FLAVOUR (specify type of flavouring agent as per Regulation 

3.1.10(1) of Food Safety and Standards (Food product standards and food additive) Regulation, 2011

(c)      In case both colour and flavour are used in the product, one of the following combined statements in capital letters shall be displayed, just beneath the list of ingredients on the label attached to any package of food so coloured and flavoured, namely :

CONTAINS PERMITTED NATURAL COLOUR(S) AND ADDED FLAVOUR(S)

OR

CONTAINS PERMITTED SYNTHETIC FOOD COLOUR(S) AND ADDED FLAVOUR(S)

OR

CONTAINS PERMITTED NATURAL AND SYNTHETIC FOOD COLOUR(S) AND ADDED FLAVOUR(S)

Provided that in case of artificial flavouring substances, the label shall declare the common name of the flavours, but in case of the natural flavouring substances or nature identical flavouring substances, the class name of flavours shall be mentioned on the label and it shall comply with the requirement of label declaration as specified under the regulation 2.2.2 (5) (ii)

Note:  When statement regarding addition of colours and/or flavours is displayed on the label in accordance with regulation 2.2.2(5)(ii) and regulation 3.2.1 of Food Safety and Standards (Food Product Standards and Food Additive) Regulation, 2011, addition of such colours and/or flavours need not be mentioned in the list of ingredients. Also, in addition to above statement, the common name or class name of the flavour shall also be mentioned on label.

Provided further that when combined declaration of colours and flavours are given, the International Numerical Identification number of colours used shall also be indicated either under the list of ingredients or along with the declaration.

Provided also further that every package of synthetic food colours preparation and mixture shall bear a label upon which is printed a declaration giving the percentage of total dye content

(6)     Name and complete address of the manufacturer

(i)       The name and complete address of the manufacturer and the manufacturing unit if these are located at different places and in case the manufacturer is not the packer or bottler, the name and complete address of the packing or bottling unit as the case may be shall be declared on every package of food;

(ii)      Where an article of food is manufactured or packed or bottled by a person or a company under the written authority of some other manufacturer or company, under his or its brand name, the label shall carry the name and complete address of the manufacturing or packing or bottling unit as the case may be, and also the name and complete address of the manufacturer or the company, for and on whose behalf it is manufactured or packed or bottled;

(iii)     Where an article of food is imported into India, the package of food shall also carry the name and complete address of the importer in India.

Provided further that where any food article manufactured outside India is packed or bottled in India, the package containing such food article shall also bear on the label, the name of the country of origin of the food article and the name and complete address of the importer and the premises of packing or bottling in India.

(7)     Net quantity

(i)       Net quantity by weight or volume or number, as the case may be, shall be declared on every package of food; and

(ii)      In addition to the declaration of net quantity, a food packed in a liquid medium shall carry a declaration of the drained weight of the food.

Explanation 1. For the purposes of this requirement the expression "liquid medium" include water, aqueous solutions of sugar and salt, fruit and vegetable juices or vinegar, either singly or in combination.

Explanation 2. In declaring the net quantity of the commodity contained in the package, the weight of the wrappers and packaging materials shall be excluded:

(iii)     Where a package contains a large number of small items of confectionery, each of which is separately wrapped and it is not reasonably practicable to exclude from the net weight of the commodity, the weight of such immediate wrappers of all the items of the confectionery contained in the package, the net weight declared on the package containing such confectionary or on the label thereof may include the weight of such immediate wrapper if the total weight of such immediate wrapper does not exceed -

(a)      eight per cent, Where such immediate wrapper is a waxed paper or other paper with wax or aluminium foil under strip; or

(b)      six per cent. In case of other paper of the total net weight of all the items of confectionery contained in the package minus the weight of immediate wrapper.

(8)     Lot/Code/Batch identification

A batch number or code number or lot number which is a mark of identification by which the food can be traced in the manufacture and identified in the distribution, shall be given on the label.

Provided that in case of packages containing bread and milk including sterilised milk, particulars under this clause shall not be required to be given on the label.

(9)     Date of manufacture or packing.

The date, month and year in which the commodity is manufactured, packed or pre-packed, shall be given on the label:

Provided that the month and the year of manufacture, packing or pre-packing shall be given if the "Best Before Date" of the products is more than three months:

Provided further that in case any package contains commodity which has a short shelf life of less than three months, the date, month and year in which the commodity is manufactured or prepared or pre-packed shall be mentioned on the label.

(10)   Best Before and Use By Date

(i)       the month and year in capital letters upto which the product is best for consumption, in the following manner, namely:

"BEST BEFORE.......MONTHS AND YEAR

OR

"BEST BEFORE..........MONTHS FROM PACKAGING

OR

"BEST BEFORE............MONTHS FROM MANUFACTURE

(Note:  blank be filled up)

(ii)      In case of package or bottle containing sterilised or Ultra High Temperature treated milk, soya milk, flavoured milk, any package containing bread, dhokla, bhelpuri, pizza, doughnuts, khoa, paneer, or any uncanned package of fruits, vegetable, meat, fish or any other like commodity, the declaration be made as follows:

"BEST BEFORE ……….DATE/MONTH/YEAR"

OR

"BEST BEFORE........DAYS FROM PACKAGING"

OR

"BEST BEFORE …….. DAYS FROM MANUFACTURE"

Note:

(a) blanks be filled up

(b) Month and year may be used in numerals

(c) Year may be given in two digits

(iii)     On packages of Aspartame, instead of Best Before date, Use by date/recommended last consumption date/expiry date shall be given, which shall not be more than three years from the date of packing;

(iv)    In case of infant milk substitute and infant foods instead of Best Before date, Use by date/ recommended last consumption date/expiry date shall be given,

Provided further that the declaration of best before date for consumption shall not be applicable to

(i)       wines and liquors

(ii)      alcoholic beverages containing 10 percent or more by volume of alcohol.

Provided further that above provisions except net weight/net content, nutritional information, manufacturer's name and address, date of manufacture and "best before" shall not apply in respect of carbonated water (plain soda and potable water impregnated with carbon dioxide under pressure) packed in returnable glass bottles

(11)   Country of origin for imported food:

(i)       The country of origin of the food shall be declared on the label of food imported into India.

(ii)      When a food undergoes processing in a second country which changes its nature, the country in which the processing is performed shall be considered to be the country of origin for the purposes of labelling.

(12)   Instructions for use:

(i)       Instructions for use, including reconstitution, where applicable, shall be included on the label, if necessary, to ensure correct utilization of the food.

2.3: Manner of declaration

2.3.1: General Conditions

(1)     Any information or pictorial device written, printed, or graphic matter may be displayed in the label provided that it is not in conflict with the requirements of these Regulations.

(2)     Every declaration which is required to be made on package under these regulations shall be:

(i)       Legible and prominent, definite, plain and unambiguous

(ii)      Conspicuous as to size number and colour,

(iii)     as far as practicable, in such style or type of lettering as to be boldly, clearly and conspicuously present in distinct contrast to the other type, lettering or graphic material used on the package, and shall be printed or inscribed on the package in a colour that contrasts conspicuously with the background of the label Provided that

(a)      Where any label information is blown, formed or moulded on a glass or plastic surface or where such information is embossed or perforated on a package, that information shall not be required to be presented in contrasting colours:

(b)      Where any declaration on a package is printed either in the form of a handwriting or hand script, such declaration shall be clear, unambiguous and legible.

(3)     No declaration shall be made so as to require it to be read through any liquid commodity contained in the package.

(4)     Where a package is provided with an outside container or wrapper, such container or wrapper shall also contain all the declarations which are required to appear on the package except where such container or wrapper itself is transparent and the declarations on the package are easily readable through such outside container or wrapper.

(5)     Labels not to contain false or misleading statements: A label shall not contain any statement, claim, design, device, fancy name or abbreviation which is false or misleading in any particular concerning the food contained in the package, or concerning the quantity or the nutritive value or in relation to the place of origin of the said food:

Provided that this regulation shall not apply in respect of established trade or fancy names of confectionery, biscuits and sweets, such as, barley, sugar, bull's eye, cream cracker or in respect of aerated waters, such as, Ginger Beer or Gold-Spot or any other name in existence in international trade practice.

2.3.2 Principal display panel: The information required under these Regulations shall be given on the principal display panel of the package or container and such information may be given in the following manner.

(a)      All information should be grouped together and given at one place.

OR

The pre-printed information be grouped together and given in one place and,

(b)      Online information or those not pre-printed be grouped together in another place.

(1)     Area of the principal display panel

The area of principal Display panel shall not be less than

(a)      In the case of a rectangular container, forty percent of the product of height and width of the panel of such container having the largest area;

(b)      In case of cylindrical or nearly cylindrical, round or nearly round, oval or nearly oval container, twenty percent of the product of the height and average circumference of such container; or

(c)      In the case of container of any other shape, twenty percent of the total surface area of the container except where there is label, securely affixed to the container, such label shall give a surface area of not less than ten percent of the total surface area of the container.

Provided that in the case of package having a capacity of five cubic centimeters or less, the principal display panel may be card or tape affixed firmly to the package or container and bearing the required information under these regulations.

2.3.3 The height of numeral in the declaration

(i)       The height of any numeral required under these regulations, on the principal display panel shall not be less than

(a)      as shown in Table - I below, if the net quantity is declared in terms of weight or volume and

(b)      as shown in Table II below, if the net quantity is declared in terms of length, area or number.

TABLE - I When net quantity is in weight or volume

TABLE - II When net quantity is in length, area, number

(ii)      The height of letters in the declaration under 2.2 shall not be less than 1 mm height when blown, formed, moulded, embossed or perforated, the height of letters shall not be less than 2mm.

Provided that the width of the letter or numeral shall not be less than one-third of its height, but this proviso shall not apply in the case of numeral "I" and letters i, I& I:

[6][Provided further that in case of label declarations required under clause (5), (6), (7), (8) and (10) of sub-regulation 2.4.2, and sub-regulation 2.4.4 except in case of declaration specifying instructions for use or preparation of the product, the size of numeral and letters shall not be less than 3mm.]

2.4: Specific Requirements/ Restrictions on manner of labelling

2.4.1: Labelling of infant milk substitute and infant food

(1)     An article of infant milk substitutes /infant foods, whose standards are not prescribed under Food Safety and Standards (Food Products standards and Food Additives) Regulations, 2011 shall be manufactured for sale, exhibited for sale or stored for sale only after obtaining the approval of such articles of food and its label from the Authority.

(2)     Without prejudice to any other provisions relating to labelling requirements contained in these regulations, every container of infant milk substitute or infant food or any label affixed thereto shall indicate in a clear, conspicuous and in an easily readable manner, the words "IMPORTANT NOTICE" in capital letters and indicating there under the following particulars, namely:

(i)       a statement "MOTHER'S MILK IS BEST FOR YOUR BABY" in capital letters. The types of letters used shall not be less than five millimeters and the text of such statement shall be in the Central Panel of every container of infant milk substitute or infant food or any label affixed thereto. The colour of the text printed or used shall be different from that of the background of the label, container as the case may be. In case of infant food, a statement indicating "infant food shall be introduced only (after the age of six months and upto the age of two years)" shall also be given;

(ii)      a statement that infant milk substitute or infant food should be used only on the advice of a health worker as to the need for its use and the proper method of its use;

(iii)     a warning that infant milk substitute or infant food is not the sole source of nourishment of an infant;

(iv)    a statement indicating the process of manufacture (e.g spray dried) except in case of infant foods, instruction for appropriate and hygienic preparation including cleaning of utensils, bottles and teats and warning against health hazards of inappropriate preparations, as under;

"Warning/ caution-Careful and hygienic preparation of infant foods/infant milk substitute is most essential for health. Do not use fewer scoops than directed since diluted feeding will not provide adequate nutrients needed by your infant. Do not use more scoops than directed since concentrated feed will not provide the water needed by your infant".

(v)      the approximate composition of nutrients per 100 gms of the product including its energy value in Kilo Calories/Joules;

(vi)    the storage condition specifically stating "store in a cool and dry place in an air tight container" or the like (after opening use the contents within the period mentioned or the expiry date whichever is earlier);

(vii)   the feeding chart and directions for use and instruction for discarding leftover feed;

(viii)  Instruction for use of measuring scoop (level or heaped) and the quantity per scoop (scoop to be given with pack);

(ix)    indicating the Batch No. Month and Year of its manufacture and expiry date

(x)      the protein efficiency ratio (PER) which shall be minimum 2.5 if the product other than infant milk substitute is claimed to have higher quality protein;

(xi)    the specific name of the food additives, if permitted, shall be declared in addition to appropriate class names.

(3)     No containers or label referred to in 2.4.1(2) relating to infant milk substitute or infant food shall have a picture of infant or women or both. It shall not have picture or other graphic materials or phrases designed to increase the saleability of the infant milk substitute or infant food. The terms "Humanised" or "Maternalised" or any other similar words shall not be used. The Package and/or any other label of infant milk substitute or infant food shall not exhibit the words, "Full Protein Food", "energy Food", "Complete food" or "Health Food" or any other similar expression.

(4)     The containers of infant milk substitute meant for (premature baby (born before 37 weeks)/low birth weight infant (less than 2500gm) or labels affixed thereto shall indicate the following additional information, namely:

(i)       the words [PREMATURE BABY (BORN BEFORE 37 WEEKS) LOW BIRTH WEIGHT (LESS THAN 2.5 KG] in capital letters along with the product name in central panel;

(ii)      a statement "the low birth weight infant milk substitute shall be withdrawn under medical advice as soon as the mother's milk is sufficiently available'; and

(iii)     a statement "TO BE TAKEN UNDER MEDICAL ADVICE" in capital letters.

(5)     The product which contains neither milk nor any milk derivatives shall be labelled "contains no milk or milk product" in conspicuous manner.

(6)     The container of infant milk substitute for lactose or lactose and sucrose intolerant infants or label affixed thereto shall indicate conspicuously "LACTOSE-FREE or SUCROSE-FREE or LACTOSE and SUCROSE-FREE" in capital letters and statement "TO BE TAKEN UNDER MEDICAL ADVICE" and shall also bear the following statements, namely:

"Lactose free Infant Milk Substitute should only be used in case of diarrhea due to lactose intolerance.

The lactose free/sucrose free Infant Milk Substitute should be withdrawn if there is no improvement in symptoms of intolerance".

(7)     The container of infant milk substitute meant for infants with allergy to cow's /buffalo's milk protein or soy protein or label affixed thereto shall indicate conspicuously "HYPOALLERGENIC FORMULA" in capital letters and statement "TO BE TAKEN UNDER MEDICAL ADVICE".

(8)     Declaration to be surrounded by line:

There shall be a surrounding line enclosing the declaration where the words "unsuitable for babies" are required to be used.

(i)       Distance of surrounding line:

The distance between any part of the words "unsuitable for babies" surrounding the line enclosing these words shall not be less than 1.5 mm.

2.4.2: Labelling of edible oils and fats

(1)     The package, label or the advertisement of edible oils and fats shall not use the expressions "Super-Refined", "Extra-Refined", "Micro-Refined", "Double-Refined", Ultra-Refined", "Anti-Cholesterol", "Cholesterol Fighter", "Soothing to Heart", "Cholesterol Friendly", "Saturated Fat Free" or such other expressions which are an exaggeration of the quality of the Product.

(2)     Every container in which solvent-extracted oil or de-oiled meal or edible flour is packed for sale shall, at the time of sale by the producer, bear the following particulars in English or Hindi (Devnagri script) :

(i)       the name, trade name, if any, or description of the solvent-extracted oil or de-oiled meal or edible flour, as the case may be:

(ii)      in the case of oil not conforming to the standards of quality for "refined" grade solvent extracted oils specified in regulation 2.2.6 (1) of Food Safety and Standards (Food Products Standards and Food Additive) Regulation, 2011 for Edible vegetable oil/Vanaspati, a declaration in a type-size of not less than 50 mm, as follows shall appear on the label:

(a)      "NOT FOR DIRECT EDIBLE CONSUMPTION", in the case of oils complying with the requirements for the "semi-refined" or "raw-grade 1" grades of oil specified in regulation 2.2.6 (1) of Food Safety and Standards(Food Products standards and Food Additive) Regulation, 2011

(b)      "FOR INDUSTRIAL NON-EDIBLE USES ONLY", in the case of oils not complying with the requirements under item (a) above;

(iii)     the name and business particulars of the producer;

(iv)    the net weight of the contents in the container;

(v)      the batch number, month and year of manufacture:

Provided that where solvent extracted oils are transported in bulk in rail tank-wagons or road tankers, or where de-oiled meal or edible flour is transported in bulk either for storage in silos or transferred to ship for bulk shipment, it shall be sufficient if the aforesaid particulars are furnished in the accompanying documents.

(3)     Every container in which solvent is packed shall, at the time of sale by the manufacturer or dealer thereof, bear the Indian Standards Institution certification mark.

(4)     Every container in which vanaspati, margarine, bakery shortening, blended edible vegetable oils, mixed fat spread and refined vegetable oil is packed in addition to other labelling requirements provided in these regulations shall bear the following particulars in English or Hindi in Devnagri script:

(a)      The name/description of the contents, "free from Argemone Oil";

(b)      The mass/volume of the contents;

[7][***]

(5)     Every container of refined vegetable oil shall bear the following label, namely,

Refined (name of the Oil) Oil

Provided that the container of imported edible oil shall also bear the word, "Imported", as prefix.

(6)     Every package containing an admixture of palmolein with groundnut oil shall carry the following label, namely,

BLEND OF PALMOLEIN AND GROUNDNUT OIL

Palmolein......per cent

Groundnut oil....per cent

(7)     Every package containing an admixtu`re of imported rape-seed oil with mustard oil, shall carry the following label, namely :

BLEND OF IMPORTED RAPE-SEED OIL AND MUSTARD OIL

Imported rape-seed oil.....per cent

Mustard oil.......per cent

(8)     Every package of vanaspati made from more than 30 percent of Rice bran oil shall bear the following label, namely :

This package of vanaspati is made from more than 30 per cent Rice bran oil by weight

(9)     Every package containing Fat Spread shall carry the following labels namely: Milk Fat Spread

Use before..............

Date of packing............

Total Milk Fat Content Per cent by weight…………

Mixed Fat Spread

Use before..............

Date of packing............

Per cent by weight…………

Milk Fat Content...........

Total Milk Fat Content Percent by weight......

Vegetable Fat Spread

Use before..............

Date of packing............

Total Fat Content Per cent by weight......

(10)   A package containing annatto colour in vegetable oils shall bear the following label namely :

Annatto colour in oil (Name of oil/oils) used

(11)   [8][Every package containing an admixture of edible oils shall carry the following label declaration immediately below its brand name/trade name on front of pack, namely:-

The font size of the label declaration "Blended Edible Vegetable Oil" shall not be less than 5 mm and for label declaration "Name and nature of edible vegetable oil.....% by weight", font size shall not be less than 3mm:

Provided that the font size of the label declaration "Blended Edible Vegetable Oil" shall not be less than 10mm in case the net quantity of the edible oil contained in the packages is 5 litre and above.

There shall also be the following declaration in bold capital letters along with the name of product on front/central panel,-

2.4.3: Labelling of permitted food colours

(1)     No person shall sell a permitted synthetic food colours for use in or upon food unless its container carries a label stating the following particulars:

(i)       the words "Food Colours";

(ii)      the chemical and the common or commercial name and colour index of the dye-stuff.

(2)     No person shall sell a mixture of permitted synthetic food colours for use in or upon food unless its container carries a label stating the following particulars:

(i)       the words "Food Colour Mixture";

(ii)      the chemical and the common or commercial name and colour index of the dye stuff contained in the mixture.

(3)     No person shall sell a preparation of permitted synthetic food colours for use in or upon food unless its container carries a label stating the following particulars:

(i)       the words "Food Colour Preparation";

(ii)      the name of the various ingredients used in the preparation.

[11][***]

[12][2.4.4: Specific Labelling Requirements of other Products

(1)     Coffee-Chicory Mixture:-

(i)       Every package containing a mixture of coffee and chicory shall have affixed to it a label upon which shall be printed the following declaration:

(ii)      Every package containing Instant Coffee-Chicory mixture shall have affixed to it a label upon which shall be printed the following declarations;

(2)     CONDENSED MILK OR DESICCATED (DRIED) MILK:

Every package containing condensed milk or desiccated (dried) milk shall bear a label upon which is printed such one of the following declarations as may be applicable or such other declaration substantially to the like effect as may be allowed by the State Government, namely,

(i)       In the case of condensed milk (unsweetened):

(ii)      In the case of condensed milk (sweetened):

(iii)     In the case of condensed skimmed milk (unsweetened):

(iv)    In the case of condensed skimmed milk (sweetened):

(v)      In the case of condensed milk (sweetened and flavoured):

(vi)    In the case of condensed milk/condensed Skimmed milk (unsweetened) Sterilised by Ultra High Temperature (UHT) treatment:

(vii)   In the case of milk powder:

(viii)  In the case of milk powder which contains lecithin:

(ix)    In the case of partly skimmed milk powder :

(x)      In the case of skimmed milk powder:

(3)     The declaration shall in each case be completed by inserting at (x) the appropriate number in words and in figures, for example, "one and a half (1½)", any fraction being expressed as eight quarters or a half, as the case may be.

(4)     There shall not be placed on any package containing condensed milk or desiccated (dried) milk any comment on, explanation of, or reference to either the statement of equivalence, contained in the prescribed declaration or on the words "machine skimmed" "skimmed" or "unsuitable for babies" except instructions as to dilution as follows:

"To make a fluid not below the composition of toned milk or skimmed milk (as the case may be) with the contents of this package, add (here insert the number of parts) of water by volume to one part by volume of this condensed milk or desiccated (dried) milk".

Sweetened condensed milk and other similar products which are not suitable for infant feeding shall not contain any instruction of modifying them for infant feeding.

(5)     Wherever the word "milk" appears on the label of a package of condensed skimmed milk or of desiccated (dried) skimmed milk as the description or part of the description of the contents, it shall be immediately preceded or followed by the word "machine skimmed" or "partly skimmed", as the case may be.

(6)     Fluid milk:  The caps of the milk bottles /pouch/tetrapack shall clearly indicate the nature of the milk contained in them. The indication may be either in full or by abbreviation shown below :

(i)       Buffalo milk may be denoted by the letter 'B'.

(ii)      Cow milk may be denoted by the letter 'C'

(iii)     Goat milk may be denoted by the letter 'G'

(iv)    Standardized milk may be denoted by the letter 'S'

(v)      Toned milk may be denoted by the letter 'T'

(vi)    Double toned milk may be denoted by the letter 'DT'

(vii)   Skimmed milk may be denoted by the letter 'K'

(viii)  Pasteurised milk may be denoted by the letter 'P; followed by the class of milk. For example Pasteurised Buffalo milk shall bear the letters 'PB '.

(ix)    Alternatively suitable indicative colours of the packs/caps/bags shall be indicative of the nature of milk contained in them, the classification of colours being displayed at places where milk is soldstored or exhibited for sale, provided that the same had been simultaneously intimated to the concerned Designated Officer, and information disseminated through the local media

(7)     Ice cream  Every dealer in ice-cream or mixed ice-cream who in the street or other place of public resort, sells or offers or exposes for sale, ice-cream or ice-candy, from a stall or from a cart, barrow or other vehicle or from a basket, phial, tray or other container used without a staff or a vehicle shall have his name and address along with the name and address of the manufacturer, if any, legibly and conspicuously 'displayed' on the stall, vehicle or container as the case may be.

(8)     Hingra  Every container containing Hingra shall bear a label upon which is printed a declaration in the following form, namely,

"This container contains Hingra (Imported from IranAfghanistan) and is certified to be conforming to the standards laid down in the Food Safety and Standards regulations"

(9)     Light Black Pepper:- Every package containing light black pepper shall bear the following label in addition to the Agmark seal and the requirements prescribed under regulation 2.2.1 and 2.2.2 of these regulations:

(10)   Every package containing "Cassia Bark" shall bear the following label.

(11)   Every package containing "CINNAMON" shall bear the following label

(12)   Every package of chillies which contains added edible oil shall bear the following label:

(13)   Every package of ice-cream, kulfi, kulfa and chocolate ice-cream containing starch shall have a declaration on a label as specified in regulation 2.7.1(2)

(14)   Masala: Every package of mixed masala fried in oil shall bear the following label:

(15)   Compounded Asafoetida: Every container of compounded asafoetida shall indicate the approximate composition of edible starch or edible cereal flour used in the compound, on the label.

(16)   Every package containing maida treated with improver or bleaching agents shall carry the following label, namely,-

(17)   Unless otherwise provided in these regulations, every package of malted milk food which contains added natural colouring matter except caramel, shall bear the following label, namely,-

(18)   Every advertisement for and/or a package of food containing added Monosodium Glutamate shall carry the following declaration, namely,-

(19)   Every container of refined salseed fat shall bear the following label, namely,-

(20)   Every container or package of table iodised salt or iron fortified common salt containing permitted anticaking agent shall bear the following label, namely,-

(21)   Every container or package of iron fortified common salt shall bear the following label, namely,

(22)   Every package of Dried Glucose Syrup containing sulphur dioxide exceeding 40 ppm shall bear the following label namely,

(23)   A package containing tea with added flavour shall bear the following label, namely,

(24)   Every package of food which is permitted to contain artificial sweetener mentioned in table given in regulation 3.1.3 (1) of Food Safety and standards (Food Products standards and Food Additive) Regulations, 2011 and an advertisement for such food shall carry the following label, namely,

(25)   In addition to the declarations under regulation 2.4.5 (24 and 26), every package of food which is permitted to contain artificial sweetener mentioned in table in regulation 3.1.3 (1) of Food Safety and Standards (Food Products standards and Food Additive) Regulations, 2011 and an advertisement for such food shall carry the following label, namely,-

(26)   The declaration under regulation 2.4.5 (25) shall be provided along with name or trade name of product and shall be half of the size of the name/ trade name. The declaration may be given in two sentences, but in the same box.

(27)   Every package of Aspertame (Methyl ester), Acesulfame K, Sucralose and Saccharin Sodium, Neotame marketed as Table Top Sweetener and every advertisement for such Table Top Sweetener shall carry the following label, namely,-

Provided that the package of aspertame (Methyl ester), marketed as Table Top Sweetener and every advertisement for such Table Top Sweetener shall carry the following label, namely,

(28)   Every package of food which is permitted to contain a mixture of Aspertame (Methyl Ester) and Acesulfame Potassium Sweeteners mentioned in the Table given in regulation 3.1.3(1) of Food Safety and Standards (Food Products Standards and Food Additive) Regulation, 2011, shall carry the following label, namely,-

(29)   Every package of food which is permitted to contain a mixture of Acesulfame Potassium and Sucralose sweeteners mentioned in the Table given in Regulation 3.1.2 (1) of Food Safety and Standards (Food Products Standards and Food Additive) Regulation, 2011 shall carry the following label, namely,

(30)   Every package of Pan Masala and advertisement relating thereto, shall carry the following warning, namely,

(31)   Every package of supari and advertisement relating thereto shall carry the following warning in conspicuous and bold print, namely,

(32)   Every package of fruit squash by whatever name it is sold, containing additional sodium or potassium salt shall bear the following label, namely,

(33)   Every package of Cheese (hard), surface treated with Natamycin, shall bear the following label, namely,

(34)   Every package of Bakery and Industrial Margarine made from more than 30 per cent of Rice Bran Oil shall bear the following label, namely,

This package of Bakery & Industrial Margarine is made from more than 30 per cent of Rice Bran Oil by Wt.

(35)   Every container or package of flavour emulsion and flavour paste meant for use in carbonated or non-carbonated beverages shall carry the following declaration, in addition to the instructions for dilution, namely,

(36)   Every package of drinking water shall carry the following declaration in capital letters having the size of each letter as prescribed in Regulation 2.3.3 ;

(37)   Every package of mineral water shall carry the following declaration in capital letters having the size of each letter as prescribed in regulation 2.3.3 ;

(38)   Every package of food having added caffeine, shall carry the following label, namely,

Provided if caffeine is added in the products, it shall be declared on the body of the Container/bottle.

Provided also that in case of returnable glass bottles, which are recycled for refilling the declaration of caffeine, may be given on the crown.

(39)   Every package of Low Fat Paneer/ Chhana shall carry the following label, namely,

(40)   Every package of Cheese(s), if coated/packed in food grade waxes polyfilm/wrapping of cloth, shall bear the following label, namely,

(41)   Every package of Frozen Desert / Frozen Confection shall bear the following label, namely,

(42)   Every container or package of common salt shall bear the following label, namely,

(43)   Every package of biscuits, bread and cakes [28][yoghurt, mousse, spreads, dairy based drinks (milk shakes, yoghurt drink), cheese, pudding, cream and ice-Cream, frozen dessert like non dairy ice, sorbet and fruit ice, frozen yoghurt, flakes and ready-to-eat dry breakfast cereals, chocolates and sweets and carbohydrate based and milk product based sweets like halwa, mysore pak, boondi laddu, jalebi, khoya burfi, peda, gulab jamun, rasogolla and similar milk product based sweets sold by any name, cooked sausages, ham and meat spreads] containing Oligofructose shall bear the following declaration, namely,-

(44)   Every package of fresh fruit if coated with wax shall carry the following label, namely,

(45)   Gelatin meant for human consumption should be labeled as "Gelatin Food Grade"

(46)   Every package of food containing Polyols shall bear the following label,-

(47)   Every package of food containing Polydextrose shall bear the following label:-

[29][(48) Every package of fat spread, milk products, milk based fruit drink, fermented milk products, soy and rice drink, cheese products, yoghurt products, spice sauces, salad dressings, juices and nectars containing plant stanol esters shall bear the following declarations, namely:

(49) Every package of biscuits, bread, cakes, breakfast cereals, carbonated water, thermally processed fruits, fruit juices, fruit nectars, fruit beverages, fruit squashes, jam, jelly, fruit cheese, marmalade, dairy based drinks, milk powder, carbohydrate-based and milk product based sweets like gulabjamun, rosogolla, peda, khoyaburfi, macroni products, noodles, pasta, sweets and confectionery, candies and icings, savories and snacks wherever the trehalose is added shall bear the following label, namely:

11[(50) The term "Gluten Free" shall be printed in the immediate proximity of the name of the product in the case of products described in regulation 2.14 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, namely:-

"Gluten Free"

(51) The term "Low Gluten" shall be printed in the immediate proximity of the name of the product in the case of products described in regulation 2.15 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, namely:-

"Low Gluten"

(52) The label shall carry a 'warning' that 'the food labelled as Low Gluten may pose a risk for those with celiac disease.]

12[(53) Every package of food product containing Isomaltulose shall bear the following declaration, namely:-

(54) Every package of flakes and ready to eat dry breakfast cereals, noodles, pasta, salad dressings or toppings and spreads; table top fibre as filler or carrier, cereals and other snack food or savouries and bakery products including biscuits, cookies, bread, cake mix and pastries and other products where dextrin is allowed under these regulations containing added Dietary Fibre (Dextrin-soluble fibre), shall bear the following declarations, namely:-

(55) Fat spread, milk products, milk based fruit drink, fermented milk products, soy and rice drinks, cheese products, yoghurt products, spice sauces, salad dressings, juices and nectars, edible oils, and bakery products containing plant sterol shall contain the following declarations, namely:-

13[2.4.5: Specific restrictions on Product labels

(1)     Labels not to contain reference to Act or rules or regulations contradictory to required particulars :- 

The label shall not contain any reference to the Act or any of these regulations or any comment on, or reference to, or explanation of any particulars or declaration required by the Act or any of these regulations to be included in the label which directly or by implication, contradicts, qualifies or modifies such particulars or declaration.

(2)     Labels not to use words implying recommendations by medical profession: - 

There shall not appear in the label of any package, containing food for sale the words "recommended by the medical profession" or any words which imply or suggest that the food is recommended, prescribed, or approved by medical practitioners or approved for medical purpose.

(3)     Unauthorized use of words showing imitation prohibited

(1)     There shall not be written in the statement or label attached to any package containing any article of food the word 'imitation' or any word, or words implying that the article is a substitute for any food, unless the use of the said word or words is specifically permitted under these regulations.

(2)     Any fruit syrup, fruit juice, fruit squash, fruit beverages, cordial, crush or any other fruit products standardised under Food Safety and Standards (Food Products standards and Food Additives) Regulations, 2011 which does not contain the prescribed amount of fruit juice or fruit pulp or fruit content shall not be described as a fruit syrup, fruit juice, fruit squash, fruit beverages, cordial, crush or any other fruit product as the case may be.

(3)     Any food product which does not contain the specified amount of fruit and is likely to deceive or mislead or give a false impression to the consumer that the product contains fruit, whether by use of words or pictorial representation, shall be clearly and conspicuously marked on the label as 'ADDED (NAME OF THE FRUIT) FLAVOUR'.

(4)     Any food product which contains only fruit flavours, whether natural flavours and natural flavouring substances or nature identical flavouring substances, artificial flavouring substances as single or in combination thereof, shall not be described as a fruit product and the word "ADDED" (NAME OF FRUIT) FLAVOUR shall be used in describing such a product;

(5)     Carbonated water containing no fruit juice or fruit pulp shall not have a label which may lead the consumer into believing that it is a fruit product.

(6)     Any fruit and vegetable product alleged to be fortified with vitamin C shall contain not less than 40 mgms. of ascorbic acid per 100 gm. of the product.

(4)     Imitations not to be marked "pure"

The word "pure" or any word or words of the same significance shall not be included in the label of a package that contains an imitation of any food.

(5)     Labelling prohibitions for Drinking Water (Both Packaged and Mineral Water)

(i)       No claims concerning medicinal (preventative, alleviative or curative) effects shall be made in respect of the properties of the product covered by the standard Claims of other beneficial effects related to the health of the consumer shall not be made.

(ii)      The name of the locality, hamlet or specified place may not form part of the trade name unless it refers to a packaged water collected at the place designated by that trade name.

(iii)     The use of any statement or of any pictorial device which may create confusion in the mind of the public or in any way mislead the public about the nature, origin, composition, and properties of such waters put on sale is prohibited.

14[2.4.6: Display of information in food service establishments.-

(1)     Food Service Establishments having central license or outlets at ten or more locations shall mention the calorific value (in kcal per serving and serving size) against the food items displayed on the menu cards or boards or booklets and the reference information on calorie requirements shall also be displayed clearly and prominently as "An average active adult requires 2,000 kcal energy per day, however, calorie needs may vary".

(2)     Food Service Establishments shall also mention the information specified below against the food items displayed on the menu cards or boards or booklets namely:-

(a)      information relating to allergens, if food consists of or are made of the following:

(i)       Cereals containing gluten; i.e., wheat, rye, barley, oats, spelt or their hybridized strains and products of these;

(ii)      Crustacean and their products;

(iii)     Milk and milk products;

(iv)    Eggs and egg products;

(v)      Fish and fish products;

(vi)    Groundnut tree nuts and their products;

(vii)   Soybeans and their products;

(viii)  Sulphite in concentrations of 10mg/kg or more:

Provided that the allergens may be depicted by easy to understand symbols;

(b)      logo for vegetarian or non-vegetarian.

(3)     The provisions of this regulation shall not be applicable to the following, namely:-

(a)      event caterers and food service premises that operate for less than sixty days in a calendar year (consecutively or non-consecutively);

(b)      self-serve condiments that are free of charge and not listed on the menu; and

(c)      special-order items or modified meals and menu items as per request of the customer.

(4)     Food Service Establishments shall also provide nutritional information as specified under clause (3) of sub-regulation 2.2.2, specific requirements specified under clauses (18), (25), (38), (46), (47) and (48) of sub-regulation 2.4.4, if applicable and information relating to organic food or ingredients, if claimed, for the food items sold by them to consumers upon request in the form of booklets or handouts or on their website:

Provided that deviation of twenty-five per cent. may be tolerated in case of nutritional information declaration.

(5)     E-commerce Food Business Operators shall get the information referred to in clause (1), (2) and (4) from respective Food Business Operator and provide on their website wherever applicable.

(6)     The Authority may specify other food service establishments also to comply with the requirements specified in these regulations from time to time.]

2.5: Restriction on advertisement.

There shall be no advertisement of any food which is misleading or contravening the provisions of Food Safety and Standards Act, 2006 (34 of 2006) or the rules/regulations made thereunder.

2.6: Exemptions from labelling requirements.

2.6.1

(1)     Where the surface area of the package is not more than 100 square centimeters, the label of such package shall be exempted from the requirements of list of ingredients, Lot Number or Batch Number or Code Number, nutritional information and instructions for use, but these information shall be given on the wholesale packages or multi piece packages, as the case may be.

(2)     the 'date of manufacture' or 'best before date' or 'expiry date' may not be required to be mentioned on the package having surface area of less than 30 square centimeters but these information shall be given on the wholesale packages or multipiece packages, as the case may be;

(3)     in case of liquid products marketed in bottles, if such bottle is intended to be reused for refilling, the requirement of list of ingredients shall be exempted, but the nutritional information specified in regulation 2.2.2 (4) these regulations shall be given on the label.

Provided that in case of such glass bottles manufactured after March 19, 2009, the list of ingredients and nutritional information shall be given on the bottle.

(4)     in case of food with shelf-life of not more than seven days, the 'date of manufacture' may not be required to be mentioned on the label of packaged food articles, but the 'use by date' shall be mentioned on the label by the manufacturer or packer.

(5)     In case of wholesale packages the particulars regarding list of ingredients. Date of manufacture/ packing, best before, expiry date labelling of irradiated food and, vegetarian logo/non vegetarian logo, may not be specified.

2.7: Notice of addition, admixture or deficiency in food

2.7.1

(1)     Every advertisement and every price or trade list or label for an article of food which contains an addition, admixture or deficiency shall describe the food as containing such addition, admixture or deficiency and shall also specify the nature and quantity of such addition, admixture or deficiency and no such advertisement or price or trade list or label attached to the container of the food shall contain any words which might imply that the food is pure:

Provided that for purpose of this regulation the following shall not be deemed as an admixture or an addition, namely:

(a)      salt in butter or margarine;

(b)      vitamins in food.

(2)     Every package, containing a food which is not pure by reason of any addition, admixture or deficiency shall be labelled with an adhesive label, which shall have the following declaration:

Declaration

This (a)……….contains an admixture/addition of not more than (b) …… per cent of (c).............

(a)      Here insert the name of food.

(b)      Here insert the quantity of admixture which may be present.

(c)      Here insert the name of the admixture or the name of ingredient which is deficient.

Where the context demands it, the words 'contains an admixture of' shall be replaced by the words 'contains an addition of' or 'is deficient in'.

(3)     Unless the vendor of a food containing an addition, admixture or deficiency, has reason to believe that the purchaser is able to read and understand the declaratory label, he shall give the purchaser, if asked, the information contained in the declaratory label by word of mouth at the time of sale.

(4)     Nothing contained in regulation 2.7.1 shall be deemed to authorize any person to sell any article of food required under the Act or these regulations which is to be sold in pure condition, otherwise than in its pure condition.

(5)     Nothing contained in regulation 2.7.1 shall apply in the case of sweets, confectionery, biscuits, bakery products, processed fruits, aerated water, vegetables and flavouring agents.

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FOOD SAFETY AND STANDARDS (PACKAGING AND LABELLING) REGULATIONS, 2011

FOOD SAFETY AND STANDARDS (PACKAGING AND LABELLING) REGULATIONS, 2011[1]

PREAMBLE

Whereas in exercise of the powers conferred by clause (k) of subsection (2) of section 92 read with section 23 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 they relates to Food Safety and Standards (Packaging and Labelling) 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 20th 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 21st 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,

CHAPTER 1 GENERAL

1.1. Short title and commencement.

1.1.1: These regulations may be called the Food Safety and Standards (Packaging and labelling) Regulations, 2011

1.1.2: These regulations shall come into force on or after 5th August, 2011

1.2. Definitions.

1.2.1: In these regulations unless the context otherwise requires:

(1)     "Best before" means the date which signifies the end of the period under any stated storage conditions during which the food shall remain fully marketable and shall retain any specific qualities for which tacit or express claims have been made and beyond that date, the food may still be perfectly safe to consume, though its quality may have diminished. However the food shall not be sold if at any stage the product becomes unsafe.

(2)     "Date of manufacture" means the date on which the food becomes the product as described;

(3)     "Date of packaging" means the date on which the food is placed in the immediate container in which it will be ultimately sold;

(4)     "Infant" means a child not more than twelve months of age;

(5)     "Lot number" or "code number" or "batch number" means the number either in numericals or alphabets or in combination thereof, representing the lot number or code number or batch number, being preceded by the words "Lot No" or "Lot" or "code number" or "Code" or Batch No" or "Batch" or any distinguishing prefix by which the food can be traced in manufacture and identified in distribution.

(6)     "Multipiece package" means a package containing two or more individually packaged or labelled pieces of the same commodity of identical quantity, intended for retail either in individual pieces or packages as a whole.

(7)     "Non- Vegetarian Food" means an article of food which contains whole or part of any animal including birds, fresh water or marine animals or eggs or products of any animal origin, but excluding milk or milk products, as an ingredient;

(8)     "Prepackaged" or "Pre-packed food", means food, which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the consumer.

Note: The expression "package" wherever it occurs in these Regulations, shall be construed as package containing pre-packed food articles.

(9)     "Principal Display Panel" means that part of the container/package which is intended or likely to be displayed or presented or shown or examined by the customer under normal and customary conditions of display, sale or purchase of the commodity contained therein.

(10)   "Use - by date" or "Recommended last consumption date" or "Expiry date" means the date which signifies the end of the estimated period under any stated storage conditions, after which the food probably will not have the quality and safety attributes normally expected by the consumers and the food shall not be sold;

(11)   "Vegetarian Food" means any article of Food other than Non- Vegetarian Food as defined in regulation 1.2.1 (7).

(12)   "Wholesale package" means a package containing

(a)      a number of retail packages, where such first mentioned package is intended for sale, distribution or delivery to an intermediary and is not intended for sale direct to a single consumer; or

(b)      a commodity of food sold to an intermediary in bulk to enable such intermediary to sell, distribute or deliver such commodity of food to the consumer in smaller quantities.

CHAPTER 2 Packaging and Labelling

2.1: Packaging.

2.1.1: General Requirements

(1)     A utensil or container made of the following materials or metals, when used in the preparation, packaging and storing of food shall be deemed to render it unfit for human consumption:

(a)      containers which are rusty;

(b)      enameled containers which have become chipped and rusty;

(c)      copper or brass containers which are not properly tinned

(d)      containers made of aluminium not conforming in chemical composition to IS: 20 specification for Cast Aluminium & Aluminium Alloy for utensils or IS: 21 specification for Wrought Aluminium and Aluminium Alloy for utensils.

(2)     Containers made of plastic materials should conform to the following Indian Standards Specification, used as appliances or receptacles for packing or storing whether partly or wholly, food articles namely :

(i)       IS : 10146 (Specification for Polyethylene in contact with foodstuffs);

(ii)      IS : 10142 (Specification for Styrene Polymers in contact with foodstuffs);

(iii)     IS : 10151 (Specification for Polyvinyl Chloride (PVC), in contact with foodstuffs);

(iv)    IS : 10910 (Specification for Polypropylene in contact with foodstuffs);

(v)      IS : 11434 (Specification for Ionomer Resins in contact with foodstuffs);

(vi)    IS: 11704 Specification for Ethylene Acrylic Acid (EAA) copolymer.

(vii)   IS: 12252 - Specification for Poly alky lene terephathalates (PET).

(viii)  IS: 12247 - Specification for Nylon 6 Polymer;

(ix)    IS: 13601 - Ethylene Vinyl Acetate (EVA);

(x)      IS: 13576 - Ethylene Metha Acrylic Acid (EMAA);

(xi)    Tin and plastic containers once used, shall not be re-used for packaging of edible oils and fats;

Provided that utensils or containers made of copper though not properly tinned, may be used for the preparation of sugar confectionery or essential oils and mere use of such utensils or containers shall not be deemed to render sugar confectionery or essential oils unfit for human consumption.

(3)     General packaging requirements for Canned products,

(i)       All containers shall be securely packed and sealed.

(ii)      The exterior of the cans shall be free from major dents, rust, perforations and seam distortions.

(iii)     Cans shall be free from leaks.

2.1.2: Product specific requirements

(1)     Packaging requirements for Milk and Milk Products

(a)      Bottling or filling of containers with heat-treated milk and milk product shall be carried out mechanically and the sealing of the containers shall be carried out automatically.

(b)      Wrapping or packaging may not be re-used for dairy products, except where the containers are of a type which may be re-used after thorough cleaning and disinfecting.

(c)      Sealing shall be carried out in the establishment in which the last heat-treatment of drinking milk or liquid milk-base products has been carried out, immediately after filling, by means of a sealing device which ensures that the milk is protected from any adverse effects of external origin on its characteristic. The sealing device shall be so designed that once the container has been opened, the evidence of opening remains clear and easy to check.

(d)      Immediately after packaging, the dairy products shall be placed in the rooms provided for storage.

(2)     Packaging requirements for Edible oil/ fat:

Tin Plate used for the manufacture of tin containers for packaging edible oils and fats shall conform to the standards of prime grade quality contained in B.I.S. Standards No. 1993 or 13955 or 9025 or 13954 as amended from time to time and in respect of Tin containers for packaging edible oils and fats shall conform to IS No. 10325 or 10339 as amended from time to time.

(3)     Packaging requirements for Fruits and Vegetables Products

(i)       Every container in which any fruit product is packed shall be so sealed that it cannot be opened without destroying the licensing number and the special identification mark of the manufacture to be displayed on the top or neck of the bottle.

(ii)      For Canned fruits, juices and vegetables, sanitary top cans made up of suitable kind of tin plates shall be used.

(iii)     For Bottled fruits, juices and vegetables, only bottles/ jars capable of giving hermetic seal shall be used.

(iv)    Juices, squashes, crush, cordials, syrups, barley waters and other beverages shall be packed in clean bottles securely sealed. These products when frozen and sold in the form of ice shall be packed in suitable cartons. Juices and Pulps may be packed in wooden barrels when sulphited.

(v)      For packing Preserves, Jams, Jellies, and Marmalades, new cans, clean jars, new canisters, bottles, chinaware jars, aluminium containers may be used and it shall be securely sealed.

(vi)    For Pickles, clean bottles, jars, wooden casks, tin containers covered from inside with polythene lining of 250 gauge or suitable lacquered cans shall be used.

(vii)   For Tomato Ketchups and Sauces, clean bottles shall be used. If acidity does not exceed 0.5% as acetic acid, open top sanitary cans may also be used.

(viii)  Candied fruits and peels and dried fruits and vegetables can be packed in paper bags, cardboard or wooden boxes, new tins, bottles, jars, aluminium and other suitable approved containers.

(ix)    Fruits and Vegetable products can also be packed in aseptic and flexible packaging material having good grade quality conforming to the standards laid down by BIS.

(4)     Packaging requirements for Canned Meat Products

(i)       New sanitary top cans made from suitable kind of tin plate shall be used. The cans shall be lacquered internally; they shall be sealed hermetically after filling. The lacquer used shall be sulphur resistant and shall not be soluble in fat or brine.

(ii)      Cans used for filling pork luncheon meat shall be coated internally with edible gelatin, lard or lined with vegetable parchment paper before being filled.

(iii)     Meat products packed in hermetically sealed containers shall be processed to withstand spoilage under commercial conditions of storage and transport.

(5)     Packaging requirements for Drinking Water (Both Packaged and Mineral Water)

It shall be packed in clean, hygienic, colourless, transparent and tamperproof bottles/containers made of polyethylene (PE) (conforming to IS: 10146 or polyvinyl chloride (PVC) conforming to IS : 10151 or polyalkylene terephthalate (PET and PBT) conforming to IS : 12252 or polypropylene conforming to IS : 10910 or foodgrade polycarbonate or sterile glass bottles suitable for preventing possible adulteration or contamination of the water.

All packaging materials of plastic origin shall pass the prescribed overall migration and colour migration limits.

2.2: Labelling

2.2.1: General Requirements

(1)     Every prepackaged food shall carry a label containing information as required here under unless otherwise provided, namely,

(2)     The particulars of declaration required under these Regulations to be specified on the label shall be in English or Hindi in Devnagri script:

Provided that nothing herein contained shall prevent the use of any other language in addition to the language required under this regulation.

(3)     Pre-packaged food shall not be described or presented on any label or in any labelling manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character in any respect;

(4)     Label in pre-packaged foods shall be applied in such a manner that they will not become separated from the container;

(5)     Contents on the label shall be clear, prominent, indelible and readily legible by the consumer under normal conditions of purchase and use;

(6)     Where the container is covered by a wrapper, the wrapper shall carry the necessary information or the label on the container shall be readily legible through the outer wrapper and not obscured by it;

[2][(7) License number shall be displayed on the principal display panel in the following format, namely:-

* Provided that the existing products of a unit shall comply with the requirement of this clause on and after the six months of commencement of the Food Safety and Standards (Packaging and Labelling) Amendment Regulation, 2013.]

2.2.2: Labelling of Pre-packaged Foods

In addition to the General Labelling requirements specified in 2.2.1 above every package of food shall carry the following information on the label, namely,

(1)     The Name of Food: The name of the food shall include trade name or description of food contained in the package.

(2)     List of Ingredients: Except for single ingredient foods, a list of ingredients shall be declared on the label in the following manner:

(a)      The list of ingredients shall contain an appropriate title, such as the term "Ingredients";

(b)      The name of Ingredients used in the product shall be listed in descending order of their composition by weight or volume, as the case may be, at the time of its manufacture;

(c)      A specific name shall be used for ingredients in the list of Ingredients;

Provided that for Ingredients falling in the respective classes, the following class titles may be used, namely:-

Provided further that pork fat, lard and beef fat or extract thereof shall be declared by their specific names;

(d)      Where an ingredient itself is the product of two or more ingredients, such a compound ingredients shall be declared in the list of ingredients, and shall be accompanied by a list, in brackets, of its ingredients in descending order of weight or volume, as the case may be:

Provided that where a compound ingredient, constitutes less than five percent of the food, the list of ingredients of the compound ingredient, other than food additive, need not to be declared;

(e)      Added water shall be declared in the list of ingredients except in cases where water forms part of an ingredient, such as, brine, syrup or broth, used in the compound food and so declared in the list of ingredients:

Provided that water or other volatile ingredients evaporated in the course of manufacture need not be declared;

Provided further that in the case of dehydrated or condensed food, which are intended to be reconstituted by addition of water, the ingredients in such reconstituted food shall be declared in descending order of weight or volume as the case may be, and shall contain a statement such as "Ingredients of the product when prepared in accordance with the directions on the label";

(f)       Every package of food sold as a mixture or combination shall disclose the percentage of the ingredient used at the time of the manufacture of the food (including compound ingredients or categories of ingredients), if such ingredient-

(i)       is emphasised as present on the label through words or pictures or graphics; or

(ii)      is not within the name of the food but, is essential to characterise the food and is expected to be present in the food by consumers, and if the omission of the quantitative ingredient declaration will mislead or deceive the consumer.

Provided that where the ingredient has been used as flavouring agent, the disclosure of such ingredient is not required:

Provided further that where the drained net weight is indicated on the label as required or in case of such food products where specific provisions are stipulated under these Regulations or where a pictorial representation of a serving suggestion is made for consumer information and use, the disclosure of such ingredient is not required.

Provided further that in case of any bottle containing liquid milk or liquid beverage having milk as an ingredient, soft drink, carbonated water or ready-to-serve fruit beverages, the declarations with regard to addition of fruit pulp and fruit juice shall invariably appear on the body of the bottle.

(3)     Nutritional information - Nutritional Information or nutritional facts per 100 gm or 100ml or per serving of the product shall be given on the label containing the following:

(i)       energy value in kcal;

(ii)      the amounts of protein, carbohydrate (specify quantity of sugar) and fat in gram (g) or ml;

(iii)     the amount of any other nutrient for which a nutrition or health claim is made:

Provided that where a claim is made regarding the amount or type of fatty acids or the amount of cholesterol, the amount of saturated fatty acids, monounsaturated fatty acids and polyunsaturated fatty acids in gram (g) and cholesterol in milligram (mg) shall be declared, and the amount of trans fatty acid in gram (g) shall be declared in addition to the other requirement stipulated above;

(iv)    Wherever, numerical information on vitamins and minerals is declared, it shall be expressed in metric units;

(v)      Where the nutrition declaration is made per serving, the amount in gram (g) or milliliter (ml) shall be included for reference beside the serving measure;

Provided that the food claimed to be enriched with nutrients, such as, minerals, proteins, vitamins, metals or their compounds, amino acids or enzymes shall give the quantities of such added nutrients on the label.

Provided that

(i)       the nutritional information may not be necessary, in case of foods such as raw agricultural commodities, like, wheat, rice, cereals, spices, spice mixes, herbs, condiments, table salt, sugar, jaggery, or non -nutritive products, like, soluble tea, coffee, soluble coffee, coffee-chicory mixture, packaged drinking water, packaged mineral water, alcoholic beverages or fruit and vegetables, processed and pre- packaged assorted vegetables, fruits, vegetables and products that comprise of single ingredient, pickles, papad, or foods served for immediate consumption such as served in hospitals, hotels or by food services vendors or halwais, or food shipped in bulk which is not for sale in that form to consumers.

(ii)      The compliance to quantity of declared nutrients on the label shall be according to the established practices.

Explanation  For the purpose of this provision, at the time of analysis, due consideration, based on shelf-life, storage, and inherent nature of the food shall be kept in view in case of quantity declared nutrients;

[4][(iii) Every package of edible oils, interesterified vegetable fat, both hydrogenated or partially hydrogenated oils, edible fats, margarine and fat spreads (mixed fat spread and vegetable fat spread) and package of food in which fats, oils and fat emulsions is used as an ingredient shall declare the quantity of trans fat content and saturated fat content on the label;]

Provided further that, a health claim of 'trans fat free' may be made in cases where the trans fat is less than 0.2 gm per serving of food and the claim 'saturated fat free' may be made in cases where the saturated fat does not exceed 0.1 gm per 100 gm or 100 ml of food.

For the purpose of regulation 2.2.2 (3);

(i)       "Health claims" means any representation that states, suggests or implies that a relationship exists between a food or a constituent of that food and health and include nutrition claims which describe the physiological role of the nutrient in growth, development and normal functions of the body, other functional claims concerning specific beneficial effect of the consumption of food or its constituents, in the context of the total diet, on normal functions or biological activities of the body and such claims relate to a positive contribution to health or to the improvement of function or to modifying or preserving health, or disease, risk reduction claim relating to the consumption of a food or food constituents, in the context of the total diet, to the reduced risk of developing a disease or health related condition;

(ii)      "Nutrition claim" means any representation which states, suggests or implies that a food has particular nutritional properties which are not limited to the energy value but include protein, fat carbohydrates, vitamins and minerals;

(iii)     "Risk reduction" in the context of health claims means significantly altering a major risk factor for a disease or health-related condition;

[5][(iv) Edible vegetable oils, fats including hydrogenated vegetable oils, and processed and packaged foods with declared shelf life will have the following declaration on the label:

Provided further that in the case of returnable new glass bottle manufactured and used for packing of such beverages on or after 19th March 2009, the list of ingredient and nutritional information shall be given on the bottle.

(4)     Declaration regarding Veg or Non-veg
 

(i)       Every package of "Non Vegetarian" food shall bear a declaration to this effect made by a symbol and colour code as stipulated below to indicate that the product is Non-Vegetarian Food. The symbol shall consist of a brown colour filled circle having a diameter not less than the minimum size specified in the Table mentioned in the regulation 2.2.2 (4) (iv), inside a square with brown outline having sides double the diameter of the circle as indicated below :

Brown colour

(ii)      Where any article of food contains egg only as Non-Vegetarian ingredient, the manufacturer, or packer or seller may give declaration to this effect in addition to the said symbol.

(iii)     Every package of Vegetarian Food shall bear a declaration to this effect by a symbol and colour code as stipulated below for this purpose to indicate that the product is Vegetarian Food. The symbol shall consist of a green colour filled circle, having a diameter not less than the minimum size specified in the Table below, inside the square with green outline having size double the diameter of the circle, as indicated below :

Green colour 

(iv)    Size of the logo

The symbol shall be prominently displayed

(i)       on the package having contrast background on principal display panel;

(ii)      just close in proximity to the name or brand name of the product;

(iii)     on the labels, containers, pamphlets, leaflets, advertisements in any media;

Provided also that the provisions of regulation 2.2.2(4) shall not apply in respect of mineral water or packaged drinking water or carbonated water or alcoholic drinks, or liquid milk and milk powders.

(5)     Declaration regarding Food Additives-

(i)       For food additives falling in the respective classes and appearing in lists of food additives permitted for use in foods generally, the following class titles shall be used together with the specific names or recognized international numerical identifications:

Acidity Regulator, Acids, Anticaking Agent, Antifoaming Agent, Antioxidant, Bulking Agent, Colour, Colour Retention Agent, Emulsifier, Emulsifying Salt, Firming Agent, Flour Treatment Agent, Flavour Enhancer, Foaming Agent, Gelling Agent, Glazing Agent, Humectant, Preservative, Propellant, Raising Agent, Stabilizer, Sweetener, Thickener:

(ii)      Addition of colours and/or Flavours

(a)      Extraneous addition of colouring matter to be mentioned on the label - Where an extraneous colouring matter has been added to any article of food, there shall be displayed one of the following statements in capital letters, just beneath the list of the ingredients on the label attached to any package of food so coloured, namely:

CONTAINS PERMITTED NATURAL COLOUR(S)

OR

CONTAINS PERMITTED SYNTHETIC FOOD COLOUR(S)

OR

CONTAINS PERMITTED NATURAL AND SYNTHETIC FOOD COLOUR(S)

Provided that where such a statement is displayed along with the name or INS no of the food colour, the colour used in the product need not be mentioned in the list of ingredients.

(b)      Extraneous addition of flavouring agents to be mentioned on the label.

Where an extraneous flavouring agent has been added to any article of food, there shall be written just beneath the list of ingredients on the label attached to any package of food so flavoured, a statement in capital letters as below :

CONTAINS ADDED FLAVOUR (specify type of flavouring agent as per Regulation 

3.1.10(1) of Food Safety and Standards (Food product standards and food additive) Regulation, 2011

(c)      In case both colour and flavour are used in the product, one of the following combined statements in capital letters shall be displayed, just beneath the list of ingredients on the label attached to any package of food so coloured and flavoured, namely :

CONTAINS PERMITTED NATURAL COLOUR(S) AND ADDED FLAVOUR(S)

OR

CONTAINS PERMITTED SYNTHETIC FOOD COLOUR(S) AND ADDED FLAVOUR(S)

OR

CONTAINS PERMITTED NATURAL AND SYNTHETIC FOOD COLOUR(S) AND ADDED FLAVOUR(S)

Provided that in case of artificial flavouring substances, the label shall declare the common name of the flavours, but in case of the natural flavouring substances or nature identical flavouring substances, the class name of flavours shall be mentioned on the label and it shall comply with the requirement of label declaration as specified under the regulation 2.2.2 (5) (ii)

Note:  When statement regarding addition of colours and/or flavours is displayed on the label in accordance with regulation 2.2.2(5)(ii) and regulation 3.2.1 of Food Safety and Standards (Food Product Standards and Food Additive) Regulation, 2011, addition of such colours and/or flavours need not be mentioned in the list of ingredients. Also, in addition to above statement, the common name or class name of the flavour shall also be mentioned on label.

Provided further that when combined declaration of colours and flavours are given, the International Numerical Identification number of colours used shall also be indicated either under the list of ingredients or along with the declaration.

Provided also further that every package of synthetic food colours preparation and mixture shall bear a label upon which is printed a declaration giving the percentage of total dye content

(6)     Name and complete address of the manufacturer

(i)       The name and complete address of the manufacturer and the manufacturing unit if these are located at different places and in case the manufacturer is not the packer or bottler, the name and complete address of the packing or bottling unit as the case may be shall be declared on every package of food;

(ii)      Where an article of food is manufactured or packed or bottled by a person or a company under the written authority of some other manufacturer or company, under his or its brand name, the label shall carry the name and complete address of the manufacturing or packing or bottling unit as the case may be, and also the name and complete address of the manufacturer or the company, for and on whose behalf it is manufactured or packed or bottled;

(iii)     Where an article of food is imported into India, the package of food shall also carry the name and complete address of the importer in India.

Provided further that where any food article manufactured outside India is packed or bottled in India, the package containing such food article shall also bear on the label, the name of the country of origin of the food article and the name and complete address of the importer and the premises of packing or bottling in India.

(7)     Net quantity

(i)       Net quantity by weight or volume or number, as the case may be, shall be declared on every package of food; and

(ii)      In addition to the declaration of net quantity, a food packed in a liquid medium shall carry a declaration of the drained weight of the food.

Explanation 1. For the purposes of this requirement the expression "liquid medium" include water, aqueous solutions of sugar and salt, fruit and vegetable juices or vinegar, either singly or in combination.

Explanation 2. In declaring the net quantity of the commodity contained in the package, the weight of the wrappers and packaging materials shall be excluded:

(iii)     Where a package contains a large number of small items of confectionery, each of which is separately wrapped and it is not reasonably practicable to exclude from the net weight of the commodity, the weight of such immediate wrappers of all the items of the confectionery contained in the package, the net weight declared on the package containing such confectionary or on the label thereof may include the weight of such immediate wrapper if the total weight of such immediate wrapper does not exceed -

(a)      eight per cent, Where such immediate wrapper is a waxed paper or other paper with wax or aluminium foil under strip; or

(b)      six per cent. In case of other paper of the total net weight of all the items of confectionery contained in the package minus the weight of immediate wrapper.

(8)     Lot/Code/Batch identification

A batch number or code number or lot number which is a mark of identification by which the food can be traced in the manufacture and identified in the distribution, shall be given on the label.

Provided that in case of packages containing bread and milk including sterilised milk, particulars under this clause shall not be required to be given on the label.

(9)     Date of manufacture or packing.

The date, month and year in which the commodity is manufactured, packed or pre-packed, shall be given on the label:

Provided that the month and the year of manufacture, packing or pre-packing shall be given if the "Best Before Date" of the products is more than three months:

Provided further that in case any package contains commodity which has a short shelf life of less than three months, the date, month and year in which the commodity is manufactured or prepared or pre-packed shall be mentioned on the label.

(10)   Best Before and Use By Date

(i)       the month and year in capital letters upto which the product is best for consumption, in the following manner, namely:

"BEST BEFORE.......MONTHS AND YEAR

OR

"BEST BEFORE..........MONTHS FROM PACKAGING

OR

"BEST BEFORE............MONTHS FROM MANUFACTURE

(Note:  blank be filled up)

(ii)      In case of package or bottle containing sterilised or Ultra High Temperature treated milk, soya milk, flavoured milk, any package containing bread, dhokla, bhelpuri, pizza, doughnuts, khoa, paneer, or any uncanned package of fruits, vegetable, meat, fish or any other like commodity, the declaration be made as follows:

"BEST BEFORE ……….DATE/MONTH/YEAR"

OR

"BEST BEFORE........DAYS FROM PACKAGING"

OR

"BEST BEFORE …….. DAYS FROM MANUFACTURE"

Note:

(a) blanks be filled up

(b) Month and year may be used in numerals

(c) Year may be given in two digits

(iii)     On packages of Aspartame, instead of Best Before date, Use by date/recommended last consumption date/expiry date shall be given, which shall not be more than three years from the date of packing;

(iv)    In case of infant milk substitute and infant foods instead of Best Before date, Use by date/ recommended last consumption date/expiry date shall be given,

Provided further that the declaration of best before date for consumption shall not be applicable to

(i)       wines and liquors

(ii)      alcoholic beverages containing 10 percent or more by volume of alcohol.

Provided further that above provisions except net weight/net content, nutritional information, manufacturer's name and address, date of manufacture and "best before" shall not apply in respect of carbonated water (plain soda and potable water impregnated with carbon dioxide under pressure) packed in returnable glass bottles

(11)   Country of origin for imported food:

(i)       The country of origin of the food shall be declared on the label of food imported into India.

(ii)      When a food undergoes processing in a second country which changes its nature, the country in which the processing is performed shall be considered to be the country of origin for the purposes of labelling.

(12)   Instructions for use:

(i)       Instructions for use, including reconstitution, where applicable, shall be included on the label, if necessary, to ensure correct utilization of the food.

2.3: Manner of declaration

2.3.1: General Conditions

(1)     Any information or pictorial device written, printed, or graphic matter may be displayed in the label provided that it is not in conflict with the requirements of these Regulations.

(2)     Every declaration which is required to be made on package under these regulations shall be:

(i)       Legible and prominent, definite, plain and unambiguous

(ii)      Conspicuous as to size number and colour,

(iii)     as far as practicable, in such style or type of lettering as to be boldly, clearly and conspicuously present in distinct contrast to the other type, lettering or graphic material used on the package, and shall be printed or inscribed on the package in a colour that contrasts conspicuously with the background of the label Provided that

(a)      Where any label information is blown, formed or moulded on a glass or plastic surface or where such information is embossed or perforated on a package, that information shall not be required to be presented in contrasting colours:

(b)      Where any declaration on a package is printed either in the form of a handwriting or hand script, such declaration shall be clear, unambiguous and legible.

(3)     No declaration shall be made so as to require it to be read through any liquid commodity contained in the package.

(4)     Where a package is provided with an outside container or wrapper, such container or wrapper shall also contain all the declarations which are required to appear on the package except where such container or wrapper itself is transparent and the declarations on the package are easily readable through such outside container or wrapper.

(5)     Labels not to contain false or misleading statements: A label shall not contain any statement, claim, design, device, fancy name or abbreviation which is false or misleading in any particular concerning the food contained in the package, or concerning the quantity or the nutritive value or in relation to the place of origin of the said food:

Provided that this regulation shall not apply in respect of established trade or fancy names of confectionery, biscuits and sweets, such as, barley, sugar, bull's eye, cream cracker or in respect of aerated waters, such as, Ginger Beer or Gold-Spot or any other name in existence in international trade practice.

2.3.2 Principal display panel: The information required under these Regulations shall be given on the principal display panel of the package or container and such information may be given in the following manner.

(a)      All information should be grouped together and given at one place.

OR

The pre-printed information be grouped together and given in one place and,

(b)      Online information or those not pre-printed be grouped together in another place.

(1)     Area of the principal display panel

The area of principal Display panel shall not be less than

(a)      In the case of a rectangular container, forty percent of the product of height and width of the panel of such container having the largest area;

(b)      In case of cylindrical or nearly cylindrical, round or nearly round, oval or nearly oval container, twenty percent of the product of the height and average circumference of such container; or

(c)      In the case of container of any other shape, twenty percent of the total surface area of the container except where there is label, securely affixed to the container, such label shall give a surface area of not less than ten percent of the total surface area of the container.

Provided that in the case of package having a capacity of five cubic centimeters or less, the principal display panel may be card or tape affixed firmly to the package or container and bearing the required information under these regulations.

2.3.3 The height of numeral in the declaration

(i)       The height of any numeral required under these regulations, on the principal display panel shall not be less than

(a)      as shown in Table - I below, if the net quantity is declared in terms of weight or volume and

(b)      as shown in Table II below, if the net quantity is declared in terms of length, area or number.

TABLE - I When net quantity is in weight or volume

TABLE - II When net quantity is in length, area, number

(ii)      The height of letters in the declaration under 2.2 shall not be less than 1 mm height when blown, formed, moulded, embossed or perforated, the height of letters shall not be less than 2mm.

Provided that the width of the letter or numeral shall not be less than one-third of its height, but this proviso shall not apply in the case of numeral "I" and letters i, I& I:

[6][Provided further that in case of label declarations required under clause (5), (6), (7), (8) and (10) of sub-regulation 2.4.2, and sub-regulation 2.4.4 except in case of declaration specifying instructions for use or preparation of the product, the size of numeral and letters shall not be less than 3mm.]

2.4: Specific Requirements/ Restrictions on manner of labelling

2.4.1: Labelling of infant milk substitute and infant food

(1)     An article of infant milk substitutes /infant foods, whose standards are not prescribed under Food Safety and Standards (Food Products standards and Food Additives) Regulations, 2011 shall be manufactured for sale, exhibited for sale or stored for sale only after obtaining the approval of such articles of food and its label from the Authority.

(2)     Without prejudice to any other provisions relating to labelling requirements contained in these regulations, every container of infant milk substitute or infant food or any label affixed thereto shall indicate in a clear, conspicuous and in an easily readable manner, the words "IMPORTANT NOTICE" in capital letters and indicating there under the following particulars, namely:

(i)       a statement "MOTHER'S MILK IS BEST FOR YOUR BABY" in capital letters. The types of letters used shall not be less than five millimeters and the text of such statement shall be in the Central Panel of every container of infant milk substitute or infant food or any label affixed thereto. The colour of the text printed or used shall be different from that of the background of the label, container as the case may be. In case of infant food, a statement indicating "infant food shall be introduced only (after the age of six months and upto the age of two years)" shall also be given;

(ii)      a statement that infant milk substitute or infant food should be used only on the advice of a health worker as to the need for its use and the proper method of its use;

(iii)     a warning that infant milk substitute or infant food is not the sole source of nourishment of an infant;

(iv)    a statement indicating the process of manufacture (e.g spray dried) except in case of infant foods, instruction for appropriate and hygienic preparation including cleaning of utensils, bottles and teats and warning against health hazards of inappropriate preparations, as under;

"Warning/ caution-Careful and hygienic preparation of infant foods/infant milk substitute is most essential for health. Do not use fewer scoops than directed since diluted feeding will not provide adequate nutrients needed by your infant. Do not use more scoops than directed since concentrated feed will not provide the water needed by your infant".

(v)      the approximate composition of nutrients per 100 gms of the product including its energy value in Kilo Calories/Joules;

(vi)    the storage condition specifically stating "store in a cool and dry place in an air tight container" or the like (after opening use the contents within the period mentioned or the expiry date whichever is earlier);

(vii)   the feeding chart and directions for use and instruction for discarding leftover feed;

(viii)  Instruction for use of measuring scoop (level or heaped) and the quantity per scoop (scoop to be given with pack);

(ix)    indicating the Batch No. Month and Year of its manufacture and expiry date

(x)      the protein efficiency ratio (PER) which shall be minimum 2.5 if the product other than infant milk substitute is claimed to have higher quality protein;

(xi)    the specific name of the food additives, if permitted, shall be declared in addition to appropriate class names.

(3)     No containers or label referred to in 2.4.1(2) relating to infant milk substitute or infant food shall have a picture of infant or women or both. It shall not have picture or other graphic materials or phrases designed to increase the saleability of the infant milk substitute or infant food. The terms "Humanised" or "Maternalised" or any other similar words shall not be used. The Package and/or any other label of infant milk substitute or infant food shall not exhibit the words, "Full Protein Food", "energy Food", "Complete food" or "Health Food" or any other similar expression.

(4)     The containers of infant milk substitute meant for (premature baby (born before 37 weeks)/low birth weight infant (less than 2500gm) or labels affixed thereto shall indicate the following additional information, namely:

(i)       the words [PREMATURE BABY (BORN BEFORE 37 WEEKS) LOW BIRTH WEIGHT (LESS THAN 2.5 KG] in capital letters along with the product name in central panel;

(ii)      a statement "the low birth weight infant milk substitute shall be withdrawn under medical advice as soon as the mother's milk is sufficiently available'; and

(iii)     a statement "TO BE TAKEN UNDER MEDICAL ADVICE" in capital letters.

(5)     The product which contains neither milk nor any milk derivatives shall be labelled "contains no milk or milk product" in conspicuous manner.

(6)     The container of infant milk substitute for lactose or lactose and sucrose intolerant infants or label affixed thereto shall indicate conspicuously "LACTOSE-FREE or SUCROSE-FREE or LACTOSE and SUCROSE-FREE" in capital letters and statement "TO BE TAKEN UNDER MEDICAL ADVICE" and shall also bear the following statements, namely:

"Lactose free Infant Milk Substitute should only be used in case of diarrhea due to lactose intolerance.

The lactose free/sucrose free Infant Milk Substitute should be withdrawn if there is no improvement in symptoms of intolerance".

(7)     The container of infant milk substitute meant for infants with allergy to cow's /buffalo's milk protein or soy protein or label affixed thereto shall indicate conspicuously "HYPOALLERGENIC FORMULA" in capital letters and statement "TO BE TAKEN UNDER MEDICAL ADVICE".

(8)     Declaration to be surrounded by line:

There shall be a surrounding line enclosing the declaration where the words "unsuitable for babies" are required to be used.

(i)       Distance of surrounding line:

The distance between any part of the words "unsuitable for babies" surrounding the line enclosing these words shall not be less than 1.5 mm.

2.4.2: Labelling of edible oils and fats

(1)     The package, label or the advertisement of edible oils and fats shall not use the expressions "Super-Refined", "Extra-Refined", "Micro-Refined", "Double-Refined", Ultra-Refined", "Anti-Cholesterol", "Cholesterol Fighter", "Soothing to Heart", "Cholesterol Friendly", "Saturated Fat Free" or such other expressions which are an exaggeration of the quality of the Product.

(2)     Every container in which solvent-extracted oil or de-oiled meal or edible flour is packed for sale shall, at the time of sale by the producer, bear the following particulars in English or Hindi (Devnagri script) :

(i)       the name, trade name, if any, or description of the solvent-extracted oil or de-oiled meal or edible flour, as the case may be:

(ii)      in the case of oil not conforming to the standards of quality for "refined" grade solvent extracted oils specified in regulation 2.2.6 (1) of Food Safety and Standards (Food Products Standards and Food Additive) Regulation, 2011 for Edible vegetable oil/Vanaspati, a declaration in a type-size of not less than 50 mm, as follows shall appear on the label:

(a)      "NOT FOR DIRECT EDIBLE CONSUMPTION", in the case of oils complying with the requirements for the "semi-refined" or "raw-grade 1" grades of oil specified in regulation 2.2.6 (1) of Food Safety and Standards(Food Products standards and Food Additive) Regulation, 2011

(b)      "FOR INDUSTRIAL NON-EDIBLE USES ONLY", in the case of oils not complying with the requirements under item (a) above;

(iii)     the name and business particulars of the producer;

(iv)    the net weight of the contents in the container;

(v)      the batch number, month and year of manufacture:

Provided that where solvent extracted oils are transported in bulk in rail tank-wagons or road tankers, or where de-oiled meal or edible flour is transported in bulk either for storage in silos or transferred to ship for bulk shipment, it shall be sufficient if the aforesaid particulars are furnished in the accompanying documents.

(3)     Every container in which solvent is packed shall, at the time of sale by the manufacturer or dealer thereof, bear the Indian Standards Institution certification mark.

(4)     Every container in which vanaspati, margarine, bakery shortening, blended edible vegetable oils, mixed fat spread and refined vegetable oil is packed in addition to other labelling requirements provided in these regulations shall bear the following particulars in English or Hindi in Devnagri script:

(a)      The name/description of the contents, "free from Argemone Oil";

(b)      The mass/volume of the contents;

[7][***]

(5)     Every container of refined vegetable oil shall bear the following label, namely,

Refined (name of the Oil) Oil

Provided that the container of imported edible oil shall also bear the word, "Imported", as prefix.

(6)     Every package containing an admixture of palmolein with groundnut oil shall carry the following label, namely,

BLEND OF PALMOLEIN AND GROUNDNUT OIL

Palmolein......per cent

Groundnut oil....per cent

(7)     Every package containing an admixtu`re of imported rape-seed oil with mustard oil, shall carry the following label, namely :

BLEND OF IMPORTED RAPE-SEED OIL AND MUSTARD OIL

Imported rape-seed oil.....per cent

Mustard oil.......per cent

(8)     Every package of vanaspati made from more than 30 percent of Rice bran oil shall bear the following label, namely :

This package of vanaspati is made from more than 30 per cent Rice bran oil by weight

(9)     Every package containing Fat Spread shall carry the following labels namely: Milk Fat Spread

Use before..............

Date of packing............

Total Milk Fat Content Per cent by weight…………

Mixed Fat Spread

Use before..............

Date of packing............

Per cent by weight…………

Milk Fat Content...........

Total Milk Fat Content Percent by weight......

Vegetable Fat Spread

Use before..............

Date of packing............

Total Fat Content Per cent by weight......

(10)   A package containing annatto colour in vegetable oils shall bear the following label namely :

Annatto colour in oil (Name of oil/oils) used

(11)   [8][Every package containing an admixture of edible oils shall carry the following label declaration immediately below its brand name/trade name on front of pack, namely:-

The font size of the label declaration "Blended Edible Vegetable Oil" shall not be less than 5 mm and for label declaration "Name and nature of edible vegetable oil.....% by weight", font size shall not be less than 3mm:

Provided that the font size of the label declaration "Blended Edible Vegetable Oil" shall not be less than 10mm in case the net quantity of the edible oil contained in the packages is 5 litre and above.

There shall also be the following declaration in bold capital letters along with the name of product on front/central panel,-

2.4.3: Labelling of permitted food colours

(1)     No person shall sell a permitted synthetic food colours for use in or upon food unless its container carries a label stating the following particulars:

(i)       the words "Food Colours";

(ii)      the chemical and the common or commercial name and colour index of the dye-stuff.

(2)     No person shall sell a mixture of permitted synthetic food colours for use in or upon food unless its container carries a label stating the following particulars:

(i)       the words "Food Colour Mixture";

(ii)      the chemical and the common or commercial name and colour index of the dye stuff contained in the mixture.

(3)     No person shall sell a preparation of permitted synthetic food colours for use in or upon food unless its container carries a label stating the following particulars:

(i)       the words "Food Colour Preparation";

(ii)      the name of the various ingredients used in the preparation.

[11][***]

[12][2.4.4: Specific Labelling Requirements of other Products

(1)     Coffee-Chicory Mixture:-

(i)       Every package containing a mixture of coffee and chicory shall have affixed to it a label upon which shall be printed the following declaration:

(ii)      Every package containing Instant Coffee-Chicory mixture shall have affixed to it a label upon which shall be printed the following declarations;

(2)     CONDENSED MILK OR DESICCATED (DRIED) MILK:

Every package containing condensed milk or desiccated (dried) milk shall bear a label upon which is printed such one of the following declarations as may be applicable or such other declaration substantially to the like effect as may be allowed by the State Government, namely,

(i)       In the case of condensed milk (unsweetened):

(ii)      In the case of condensed milk (sweetened):

(iii)     In the case of condensed skimmed milk (unsweetened):

(iv)    In the case of condensed skimmed milk (sweetened):

(v)      In the case of condensed milk (sweetened and flavoured):

(vi)    In the case of condensed milk/condensed Skimmed milk (unsweetened) Sterilised by Ultra High Temperature (UHT) treatment:

(vii)   In the case of milk powder:

(viii)  In the case of milk powder which contains lecithin:

(ix)    In the case of partly skimmed milk powder :

(x)      In the case of skimmed milk powder:

(3)     The declaration shall in each case be completed by inserting at (x) the appropriate number in words and in figures, for example, "one and a half (1½)", any fraction being expressed as eight quarters or a half, as the case may be.

(4)     There shall not be placed on any package containing condensed milk or desiccated (dried) milk any comment on, explanation of, or reference to either the statement of equivalence, contained in the prescribed declaration or on the words "machine skimmed" "skimmed" or "unsuitable for babies" except instructions as to dilution as follows:

"To make a fluid not below the composition of toned milk or skimmed milk (as the case may be) with the contents of this package, add (here insert the number of parts) of water by volume to one part by volume of this condensed milk or desiccated (dried) milk".

Sweetened condensed milk and other similar products which are not suitable for infant feeding shall not contain any instruction of modifying them for infant feeding.

(5)     Wherever the word "milk" appears on the label of a package of condensed skimmed milk or of desiccated (dried) skimmed milk as the description or part of the description of the contents, it shall be immediately preceded or followed by the word "machine skimmed" or "partly skimmed", as the case may be.

(6)     Fluid milk:  The caps of the milk bottles /pouch/tetrapack shall clearly indicate the nature of the milk contained in them. The indication may be either in full or by abbreviation shown below :

(i)       Buffalo milk may be denoted by the letter 'B'.

(ii)      Cow milk may be denoted by the letter 'C'

(iii)     Goat milk may be denoted by the letter 'G'

(iv)    Standardized milk may be denoted by the letter 'S'

(v)      Toned milk may be denoted by the letter 'T'

(vi)    Double toned milk may be denoted by the letter 'DT'

(vii)   Skimmed milk may be denoted by the letter 'K'

(viii)  Pasteurised milk may be denoted by the letter 'P; followed by the class of milk. For example Pasteurised Buffalo milk shall bear the letters 'PB '.

(ix)    Alternatively suitable indicative colours of the packs/caps/bags shall be indicative of the nature of milk contained in them, the classification of colours being displayed at places where milk is soldstored or exhibited for sale, provided that the same had been simultaneously intimated to the concerned Designated Officer, and information disseminated through the local media

(7)     Ice cream  Every dealer in ice-cream or mixed ice-cream who in the street or other place of public resort, sells or offers or exposes for sale, ice-cream or ice-candy, from a stall or from a cart, barrow or other vehicle or from a basket, phial, tray or other container used without a staff or a vehicle shall have his name and address along with the name and address of the manufacturer, if any, legibly and conspicuously 'displayed' on the stall, vehicle or container as the case may be.

(8)     Hingra  Every container containing Hingra shall bear a label upon which is printed a declaration in the following form, namely,

"This container contains Hingra (Imported from IranAfghanistan) and is certified to be conforming to the standards laid down in the Food Safety and Standards regulations"

(9)     Light Black Pepper:- Every package containing light black pepper shall bear the following label in addition to the Agmark seal and the requirements prescribed under regulation 2.2.1 and 2.2.2 of these regulations:

(10)   Every package containing "Cassia Bark" shall bear the following label.

(11)   Every package containing "CINNAMON" shall bear the following label

(12)   Every package of chillies which contains added edible oil shall bear the following label:

(13)   Every package of ice-cream, kulfi, kulfa and chocolate ice-cream containing starch shall have a declaration on a label as specified in regulation 2.7.1(2)

(14)   Masala: Every package of mixed masala fried in oil shall bear the following label:

(15)   Compounded Asafoetida: Every container of compounded asafoetida shall indicate the approximate composition of edible starch or edible cereal flour used in the compound, on the label.

(16)   Every package containing maida treated with improver or bleaching agents shall carry the following label, namely,-

(17)   Unless otherwise provided in these regulations, every package of malted milk food which contains added natural colouring matter except caramel, shall bear the following label, namely,-

(18)   Every advertisement for and/or a package of food containing added Monosodium Glutamate shall carry the following declaration, namely,-

(19)   Every container of refined salseed fat shall bear the following label, namely,-

(20)   Every container or package of table iodised salt or iron fortified common salt containing permitted anticaking agent shall bear the following label, namely,-

(21)   Every container or package of iron fortified common salt shall bear the following label, namely,

(22)   Every package of Dried Glucose Syrup containing sulphur dioxide exceeding 40 ppm shall bear the following label namely,

(23)   A package containing tea with added flavour shall bear the following label, namely,

(24)   Every package of food which is permitted to contain artificial sweetener mentioned in table given in regulation 3.1.3 (1) of Food Safety and standards (Food Products standards and Food Additive) Regulations, 2011 and an advertisement for such food shall carry the following label, namely,

(25)   In addition to the declarations under regulation 2.4.5 (24 and 26), every package of food which is permitted to contain artificial sweetener mentioned in table in regulation 3.1.3 (1) of Food Safety and Standards (Food Products standards and Food Additive) Regulations, 2011 and an advertisement for such food shall carry the following label, namely,-

(26)   The declaration under regulation 2.4.5 (25) shall be provided along with name or trade name of product and shall be half of the size of the name/ trade name. The declaration may be given in two sentences, but in the same box.

(27)   Every package of Aspertame (Methyl ester), Acesulfame K, Sucralose and Saccharin Sodium, Neotame marketed as Table Top Sweetener and every advertisement for such Table Top Sweetener shall carry the following label, namely,-

Provided that the package of aspertame (Methyl ester), marketed as Table Top Sweetener and every advertisement for such Table Top Sweetener shall carry the following label, namely,

(28)   Every package of food which is permitted to contain a mixture of Aspertame (Methyl Ester) and Acesulfame Potassium Sweeteners mentioned in the Table given in regulation 3.1.3(1) of Food Safety and Standards (Food Products Standards and Food Additive) Regulation, 2011, shall carry the following label, namely,-

(29)   Every package of food which is permitted to contain a mixture of Acesulfame Potassium and Sucralose sweeteners mentioned in the Table given in Regulation 3.1.2 (1) of Food Safety and Standards (Food Products Standards and Food Additive) Regulation, 2011 shall carry the following label, namely,

(30)   Every package of Pan Masala and advertisement relating thereto, shall carry the following warning, namely,

(31)   Every package of supari and advertisement relating thereto shall carry the following warning in conspicuous and bold print, namely,

(32)   Every package of fruit squash by whatever name it is sold, containing additional sodium or potassium salt shall bear the following label, namely,

(33)   Every package of Cheese (hard), surface treated with Natamycin, shall bear the following label, namely,

(34)   Every package of Bakery and Industrial Margarine made from more than 30 per cent of Rice Bran Oil shall bear the following label, namely,

This package of Bakery & Industrial Margarine is made from more than 30 per cent of Rice Bran Oil by Wt.

(35)   Every container or package of flavour emulsion and flavour paste meant for use in carbonated or non-carbonated beverages shall carry the following declaration, in addition to the instructions for dilution, namely,

(36)   Every package of drinking water shall carry the following declaration in capital letters having the size of each letter as prescribed in Regulation 2.3.3 ;

(37)   Every package of mineral water shall carry the following declaration in capital letters having the size of each letter as prescribed in regulation 2.3.3 ;

(38)   Every package of food having added caffeine, shall carry the following label, namely,

Provided if caffeine is added in the products, it shall be declared on the body of the Container/bottle.

Provided also that in case of returnable glass bottles, which are recycled for refilling the declaration of caffeine, may be given on the crown.

(39)   Every package of Low Fat Paneer/ Chhana shall carry the following label, namely,

(40)   Every package of Cheese(s), if coated/packed in food grade waxes polyfilm/wrapping of cloth, shall bear the following label, namely,

(41)   Every package of Frozen Desert / Frozen Confection shall bear the following label, namely,

(42)   Every container or package of common salt shall bear the following label, namely,

(43)   Every package of biscuits, bread and cakes [28][yoghurt, mousse, spreads, dairy based drinks (milk shakes, yoghurt drink), cheese, pudding, cream and ice-Cream, frozen dessert like non dairy ice, sorbet and fruit ice, frozen yoghurt, flakes and ready-to-eat dry breakfast cereals, chocolates and sweets and carbohydrate based and milk product based sweets like halwa, mysore pak, boondi laddu, jalebi, khoya burfi, peda, gulab jamun, rasogolla and similar milk product based sweets sold by any name, cooked sausages, ham and meat spreads] containing Oligofructose shall bear the following declaration, namely,-

(44)   Every package of fresh fruit if coated with wax shall carry the following label, namely,

(45)   Gelatin meant for human consumption should be labeled as "Gelatin Food Grade"

(46)   Every package of food containing Polyols shall bear the following label,-

(47)   Every package of food containing Polydextrose shall bear the following label:-

[29][(48) Every package of fat spread, milk products, milk based fruit drink, fermented milk products, soy and rice drink, cheese products, yoghurt products, spice sauces, salad dressings, juices and nectars containing plant stanol esters shall bear the following declarations, namely:

(49) Every package of biscuits, bread, cakes, breakfast cereals, carbonated water, thermally processed fruits, fruit juices, fruit nectars, fruit beverages, fruit squashes, jam, jelly, fruit cheese, marmalade, dairy based drinks, milk powder, carbohydrate-based and milk product based sweets like gulabjamun, rosogolla, peda, khoyaburfi, macroni products, noodles, pasta, sweets and confectionery, candies and icings, savories and snacks wherever the trehalose is added shall bear the following label, namely:

11[(50) The term "Gluten Free" shall be printed in the immediate proximity of the name of the product in the case of products described in regulation 2.14 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, namely:-

"Gluten Free"

(51) The term "Low Gluten" shall be printed in the immediate proximity of the name of the product in the case of products described in regulation 2.15 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, namely:-

"Low Gluten"

(52) The label shall carry a 'warning' that 'the food labelled as Low Gluten may pose a risk for those with celiac disease.]

12[(53) Every package of food product containing Isomaltulose shall bear the following declaration, namely:-

(54) Every package of flakes and ready to eat dry breakfast cereals, noodles, pasta, salad dressings or toppings and spreads; table top fibre as filler or carrier, cereals and other snack food or savouries and bakery products including biscuits, cookies, bread, cake mix and pastries and other products where dextrin is allowed under these regulations containing added Dietary Fibre (Dextrin-soluble fibre), shall bear the following declarations, namely:-

(55) Fat spread, milk products, milk based fruit drink, fermented milk products, soy and rice drinks, cheese products, yoghurt products, spice sauces, salad dressings, juices and nectars, edible oils, and bakery products containing plant sterol shall contain the following declarations, namely:-

13[2.4.5: Specific restrictions on Product labels

(1)     Labels not to contain reference to Act or rules or regulations contradictory to required particulars :- 

The label shall not contain any reference to the Act or any of these regulations or any comment on, or reference to, or explanation of any particulars or declaration required by the Act or any of these regulations to be included in the label which directly or by implication, contradicts, qualifies or modifies such particulars or declaration.

(2)     Labels not to use words implying recommendations by medical profession: - 

There shall not appear in the label of any package, containing food for sale the words "recommended by the medical profession" or any words which imply or suggest that the food is recommended, prescribed, or approved by medical practitioners or approved for medical purpose.

(3)     Unauthorized use of words showing imitation prohibited

(1)     There shall not be written in the statement or label attached to any package containing any article of food the word 'imitation' or any word, or words implying that the article is a substitute for any food, unless the use of the said word or words is specifically permitted under these regulations.

(2)     Any fruit syrup, fruit juice, fruit squash, fruit beverages, cordial, crush or any other fruit products standardised under Food Safety and Standards (Food Products standards and Food Additives) Regulations, 2011 which does not contain the prescribed amount of fruit juice or fruit pulp or fruit content shall not be described as a fruit syrup, fruit juice, fruit squash, fruit beverages, cordial, crush or any other fruit product as the case may be.

(3)     Any food product which does not contain the specified amount of fruit and is likely to deceive or mislead or give a false impression to the consumer that the product contains fruit, whether by use of words or pictorial representation, shall be clearly and conspicuously marked on the label as 'ADDED (NAME OF THE FRUIT) FLAVOUR'.

(4)     Any food product which contains only fruit flavours, whether natural flavours and natural flavouring substances or nature identical flavouring substances, artificial flavouring substances as single or in combination thereof, shall not be described as a fruit product and the word "ADDED" (NAME OF FRUIT) FLAVOUR shall be used in describing such a product;

(5)     Carbonated water containing no fruit juice or fruit pulp shall not have a label which may lead the consumer into believing that it is a fruit product.

(6)     Any fruit and vegetable product alleged to be fortified with vitamin C shall contain not less than 40 mgms. of ascorbic acid per 100 gm. of the product.

(4)     Imitations not to be marked "pure"

The word "pure" or any word or words of the same significance shall not be included in the label of a package that contains an imitation of any food.

(5)     Labelling prohibitions for Drinking Water (Both Packaged and Mineral Water)

(i)       No claims concerning medicinal (preventative, alleviative or curative) effects shall be made in respect of the properties of the product covered by the standard Claims of other beneficial effects related to the health of the consumer shall not be made.

(ii)      The name of the locality, hamlet or specified place may not form part of the trade name unless it refers to a packaged water collected at the place designated by that trade name.

(iii)     The use of any statement or of any pictorial device which may create confusion in the mind of the public or in any way mislead the public about the nature, origin, composition, and properties of such waters put on sale is prohibited.

14[2.4.6: Display of information in food service establishments.-

(1)     Food Service Establishments having central license or outlets at ten or more locations shall mention the calorific value (in kcal per serving and serving size) against the food items displayed on the menu cards or boards or booklets and the reference information on calorie requirements shall also be displayed clearly and prominently as "An average active adult requires 2,000 kcal energy per day, however, calorie needs may vary".

(2)     Food Service Establishments shall also mention the information specified below against the food items displayed on the menu cards or boards or booklets namely:-

(a)      information relating to allergens, if food consists of or are made of the following:

(i)       Cereals containing gluten; i.e., wheat, rye, barley, oats, spelt or their hybridized strains and products of these;

(ii)      Crustacean and their products;

(iii)     Milk and milk products;

(iv)    Eggs and egg products;

(v)      Fish and fish products;

(vi)    Groundnut tree nuts and their products;

(vii)   Soybeans and their products;

(viii)  Sulphite in concentrations of 10mg/kg or more:

Provided that the allergens may be depicted by easy to understand symbols;

(b)      logo for vegetarian or non-vegetarian.

(3)     The provisions of this regulation shall not be applicable to the following, namely:-

(a)      event caterers and food service premises that operate for less than sixty days in a calendar year (consecutively or non-consecutively);

(b)      self-serve condiments that are free of charge and not listed on the menu; and

(c)      special-order items or modified meals and menu items as per request of the customer.

(4)     Food Service Establishments shall also provide nutritional information as specified under clause (3) of sub-regulation 2.2.2, specific requirements specified under clauses (18), (25), (38), (46), (47) and (48) of sub-regulation 2.4.4, if applicable and information relating to organic food or ingredients, if claimed, for the food items sold by them to consumers upon request in the form of booklets or handouts or on their website:

Provided that deviation of twenty-five per cent. may be tolerated in case of nutritional information declaration.

(5)     E-commerce Food Business Operators shall get the information referred to in clause (1), (2) and (4) from respective Food Business Operator and provide on their website wherever applicable.

(6)     The Authority may specify other food service establishments also to comply with the requirements specified in these regulations from time to time.]

2.5: Restriction on advertisement.

There shall be no advertisement of any food which is misleading or contravening the provisions of Food Safety and Standards Act, 2006 (34 of 2006) or the rules/regulations made thereunder.

2.6: Exemptions from labelling requirements.

2.6.1

(1)     Where the surface area of the package is not more than 100 square centimeters, the label of such package shall be exempted from the requirements of list of ingredients, Lot Number or Batch Number or Code Number, nutritional information and instructions for use, but these information shall be given on the wholesale packages or multi piece packages, as the case may be.

(2)     the 'date of manufacture' or 'best before date' or 'expiry date' may not be required to be mentioned on the package having surface area of less than 30 square centimeters but these information shall be given on the wholesale packages or multipiece packages, as the case may be;

(3)     in case of liquid products marketed in bottles, if such bottle is intended to be reused for refilling, the requirement of list of ingredients shall be exempted, but the nutritional information specified in regulation 2.2.2 (4) these regulations shall be given on the label.

Provided that in case of such glass bottles manufactured after March 19, 2009, the list of ingredients and nutritional information shall be given on the bottle.

(4)     in case of food with shelf-life of not more than seven days, the 'date of manufacture' may not be required to be mentioned on the label of packaged food articles, but the 'use by date' shall be mentioned on the label by the manufacturer or packer.

(5)     In case of wholesale packages the particulars regarding list of ingredients. Date of manufacture/ packing, best before, expiry date labelling of irradiated food and, vegetarian logo/non vegetarian logo, may not be specified.

2.7: Notice of addition, admixture or deficiency in food

2.7.1

(1)     Every advertisement and every price or trade list or label for an article of food which contains an addition, admixture or deficiency shall describe the food as containing such addition, admixture or deficiency and shall also specify the nature and quantity of such addition, admixture or deficiency and no such advertisement or price or trade list or label attached to the container of the food shall contain any words which might imply that the food is pure:

Provided that for purpose of this regulation the following shall not be deemed as an admixture or an addition, namely:

(a)      salt in butter or margarine;

(b)      vitamins in food.

(2)     Every package, containing a food which is not pure by reason of any addition, admixture or deficiency shall be labelled with an adhesive label, which shall have the following declaration:

Declaration

This (a)……….contains an admixture/addition of not more than (b) …… per cent of (c).............

(a)      Here insert the name of food.

(b)      Here insert the quantity of admixture which may be present.

(c)      Here insert the name of the admixture or the name of ingredient which is deficient.

Where the context demands it, the words 'contains an admixture of' shall be replaced by the words 'contains an addition of' or 'is deficient in'.

(3)     Unless the vendor of a food containing an addition, admixture or deficiency, has reason to believe that the purchaser is able to read and understand the declaratory label, he shall give the purchaser, if asked, the information contained in the declaratory label by word of mouth at the time of sale.

(4)     Nothing contained in regulation 2.7.1 shall be deemed to authorize any person to sell any article of food required under the Act or these regulations which is to be sold in pure condition, otherwise than in its pure condition.

(5)     Nothing contained in regulation 2.7.1 shall apply in the case of sweets, confectionery, biscuits, bakery products, processed fruits, aerated water, vegetables and flavouring agents.