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With the Supreme Court raising questions on its decision to implement in two phases, the proposed Front of Package Labelling (FoPL) that would warn consumers whether a packaged food item high in fat, sugar or salt, the Food Safety and Standards Authority of India (FSSAI) has now decided to roll it out in a single phase.
In an affidavit filed in the Supreme Court, it said that the changes will come into force from July 1 and Food Business Operators (FBO’s) would get a transition period of 365 days.
The FSSAI, as per the affidvot, has proposed a a red Hexagon with white square shaped background FoPL format, drawing similarity, more or less, with the FoPL format adopted by Canada. Where only one nutrient of concern is present, the corresponding nutrient would be indicated in the hexagon. Where two or three nutrients of concern are present, the applicable two or three nutrients shall also be indicated within a single hexagon, thereby providing clear and specific information to consumers.
The “warning label would be displayed prominently on the top left of the front of the pack, ensuring clear visibility and legibility to consumers. The proposed warning symbol would be displayed in a font size at least one point larger than used in the nutrition information table at the back of the pack. The size of the warning label would align with the size of warning label as provided in the Canada model”, the Authority said.
The affidavit was filed in response to a plea by 3S and Our Health Society – a Kerala-based non-profit organisation, seeking mandatory, clear, and interpretive warning labels on the front cover of packaged food items.
The food safety regulator had earlier proposed to implement it in 2 phases — Phase I, where the label would apply only to products that are high in at least two of the specified nutrients and to Highly Sweetened Beverages, and Phase II, where it would apply to items with high proportion of even one nutrient.
It said the 2 phase plan was “to facilitate consumer acceptability and provide industry adequate time for reformulation”.
Hearing it on September 11, a bench of Justices J.B. Pardiwala and K.Vinod Chandran, was of the view that “assessment of consumer acceptability or giving the industry adequate time for reformulation cannot be reason enough for this uncertainty in time.” The court asked FSSAI to indicate “a reasonable, scientifically justified and clearly defined timeline or transitionary period which divides the two-phases…for the approach of the FSSAI to be a workable one.”
In a fresh affidavit filed on September 23, the FSSAI said it “proposes to adopt a single-phase approach for the implementation of Front-of-Pack Nutrition Labelling (FoPL).”
The affidavit pointed out that “for the purpose of issuing and finalising the draft regulations a period of approximately 4 months would reasonably be required in order to follow the regulatory process as envisaged under the FSS Act, rules and regulations.”
The FSSAI said that “in this time period,” it “will notify the draft amendment regulations which is mandatorily required to be published for a period 60 days for inviting comments from stakeholders through the domestic consultation and the WTO platform. Comments received will be examined; and, subsequently with the approval of Food Authority the final notification will be forwarded to the
Ministry for publication in the official gazette.”
The affidavit added that “there shall be voluntary implementation period of 365 days by Food Business Operators (FBOs). In the 48th meeting of the Food Authority as a matter of policy, it was decided that for amendments relating to the FSS (Labelling & Display) Regulations, as well as any changes in labelling requirements specified in other food safety & standards Regulations, shall come into force on 1st of July, subject to a minimum transition period of 365 days from the date of notification.”
It pointed out that the 365 days has been provided “in order to avoid any commercial hardships to the food business operators as they have pre-packaged material already printed in bulk.”
The label “may” also “have a “disclaimer/ foot note that the threshold for the nutrients in the red hexagon is taken from the DGI, 2024 issued by ICMR-NIN.”
Also, “any food product, including beverages, containing ‘ Non Caloric Sweetener’ may have the warning statement ‘ CONTAIN NON CALORIC SWEETENER’ on the front of the pack, which at present same is mentioned on the back of the pack.”
