Food
Safety and Standards (Recovery and Distribution of Surplus Food) Regulations,
2019
CHAPTER I
GENERAL
Regulation - 1. Short title and commencement.
(1)
These
regulations may be called the Food Safety and Standards (Recovery and
Distribution of Surplus Food) Regulations, 2019.
(2)
They
shall come into force on the date of their publication in the Official Gazette
and Food Business Operator shall comply with all the provisions of these
regulations by 1st July, 2020.
Regulation - 2. Definitions.
(1)
In
these regulations, unless the context otherwise requires,
(a)
"Act"
means the Food Safety and Standards Act, 2006 (34 of 2006);
(b)
"food
donor" means any person or food business operator who donates surplus
food;
(c)
"Schedule"
means a schedule annexed to these regulations;
(d)
"surplus
food" means any leftover unused portions of safe food that have not been
served to the customers;
(e)
"surplus
food distribution organisation" means any person or any organisation that
collects surplus food from food donor and distributes directly to any person
free of cost without any profit.
(2)
All
other words and expressions used herein and not defined, but defined in the
Act, rules or regulations made thereunder, shall have the meanings assigned to
them in the Act, rules or regulations, respectively.
Regulation - 3. Scope.
These regulations specify the responsibility
of the food donor and surplus food distribution organisations those who are
engaged in distributing the surplus food to any person free of cost.
Regulation - 4. Responsibilities of food business operator.
(1)
Any
food donor having surplus food may donate such food to any surplus food
distribution organisation in accordance with the provisions of these
regulations.
(2)
The
surplus food shall be maintained in accordance with the requirements specified
in Schedule-I.
(3)
The
food business operator shall not distribute unsafe food to any surplus food
distribution organisation.
(4)
The
surplus food shall be handed over to surplus food distribution organisation at
a reasonable time before it gets spoiled or its expiry, as the case may be, so
that the food is made available to needy persons for consumption within the
shelf life of the food.
Regulation - 5. Responsibilities of surplus food distribution organisation.
(1)
Surplus
food distribution organisation which is serving food to needy person shall be
regulated in accordance with the provisions of the Food Safety and Standards
(Licensing and Registration of Food Business) Regulations, 2011 and such foods
shall be obtained from reliable sources having valid registration or license in
accordance with the provisions of the Act.
(2)
The
surplus food distribution organisation shall have proper facilities for
transport, storage and reheating, and shall comply with the requirements
specified in Schedule-I.
(3)
No
surplus food distribution organisation shall distribute surplus food after the
expiry of its shelf life.
Regulation - 6. Labeling requirements of donated foods.
(1)
The
requirements for labeling of donated food depends on whether the food is in its
original package or has been prepared as meal.
(2)
Donated
pre-packed food shall bear its complete original label, including name of the
item or food, manufacturer information, list of ingredients, and date of
expiry.
(3)
Donated
prepared food shall be labeled with the name of the food, the source of the
food, the date of preparation and last date of consumption and also specify
whether the food is vegetarian or non-vegetarian.
(4)
The
information on the label shall not be masked in any manner.
Regulation - 7. Maintenance of record of surplus food.
The food donor and surplus food distribution
organisation shall maintain the record of surplus food as specified in
Schedule-II.
Regulation - 8. Monitoring Committee.
The Commissioner of Food Safety of the State
or, as the case may be, the Union territory shall constitute a monitoring
committee for surplus food at State level consisting of two members from State
enforcement agency, one representative from Department of Consumer Affairs of
the respective State, one member from nongovernmental organisation, one
representative from surplus food distribution organisation and one
representative from industry association and other relevant stakeholders.
Regulation - 9. Functions of monitoring committee.
(1)
The
monitoring committee shall monitor and make recommendations on the improvement
of the operations by the surplus food distribution organisation and food
donors.
(2)
The
monitoring committee may also conduct training programs in health and hygiene
for the food handler of food distribution organisation and also make
recommendations on issues arising from implementation of the provisions of
these regulations.
Regulation - 10. Guidance and support by Food Authority.
(1)
The
Food Authority may issue guidelines on collection and retrieval of food, which
is near to their expiry, for donation and provide guidance to support the
operations of food business operators covered under these regulations.
(2)
The
Food Authority may also specify the time before the expiry, at which food shall
be segregated.
(see regulation 4 and
5)
(1)
Handling
of surplus food by the food business operator.
(1)
Surplus
foods that are to be handed over to food distribution organisation shall be
safe and segregated in to perishable and non-perishable.
(2)
The
segregated food shall be packed appropriately so as to avoid contamination
during handling and storage.
(3)
Perishable
and non-perishable surplus food shall be stored in hygienic condition at
optimum temperature to ensure their safety.
(4)
Surplus
food shall not be kept with any waste material or products.
(5)
The
food donor shall give an advance notice to the surplus food distribution
organisation so as to ensure a timely distribution and consumption of the food
within its shelf life.
(2)
Handling
and distribution of surplus food by the surplus food distribution organisation.
(1)
Surplus
food shall be picked up from the food business operator's facility and packed
in clean and covered containers. Such food containers shall have the required
date marking such as pick-up date and the use by date of food.
(2)
Surplus
food shall be stored and transported in clean and sanitized vehicles in
appropriate hygienic condition at appropriate optimum temperature suitable for
perishable and non-perishable food separately. Insulated containers and ice
packs, if necessary, may be used to maintain food temperature during handling
and transportation. Food transport equipment/utensils that are intended to be
in direct contact with food products should be constructed with non-toxic, food
grade materials, which shall also be easy to clean and maintain.
(3)
Surplus
food shall be distributed or served to the needy before the expiry of surplus
food or until food is fit for human consumption, as the case may be.
(4)
Food
that is not fit for human consumption shall be put in a container clearly
marked as "Food for Disposal".
(5)
Food
shall be stored off the floor and away from walls and non-food items. storage
area, including the floor, pallets and shelves shall be cleaned regularly.
(6)
Where
refrigerator is used for storage of surplus food, these shall be cleaned at
least once a week to remove stains, ice particles and food particles. The
temperature in the refrigerator shall be maintained below 7oC.
(7)
Doors,
windows and roofs of storage area shall be well sealed to prevent pest entry
and a pest control program shall be in place for such areas.
(8)
All
employees or volunteers that work with distribution organisation and come in
direct contact with food shall keep their finger nails trimmed and shall wear
clean outer garments and wash their hands before starting work, and as often as
necessary, especially after eating handling or using the washroom, etc.
(9)
Avoid
eating food, drinking beverages, or using tobacco in any form in areas where
food is exposed, or in areas used for washing equipment or utensils shall be
avoided.
(10)
No
person shall come in contact with food during any illness that is communicable
through food. Cuts, boils and wounds shall be covered.
(11)
All
employees or volunteers that work with distribution organisations and come in
direct contact with food shall have training in health and personal hygiene.
(See regulation 7)
Record of surplus food to be maintained.-
(1)
Name
and address of the food donor organisation;
(2)
Name
and address of surplus food distribution organisation;
(3)
Donation
date;
(4)
Name
of the food product (item);
(5)
Batch
number of food product (item) ;
(6)
Date
of manufacturing;
(7)
Best
before date or expiry date;
(8)
Quantity
donated by food donor;
(9)
Temperature
of food;
(10)
Quantity
distributed by surplus food distribution organisation;
(11)
Area
where food is distributed;
(12)
Date
of distribution.