The important Acts
and quality standards in reference to processing of milk and milk products are
as follows:
i.
Prevention of Food Adulteration Act (PFA), 1954
The Prevention of
Food Adulteration Act was enacted in 1954 (37 of 1954) to strengthen the system
for preventing adulteration in articles of food. The rules framed under the Act
are known as the “Prevention of Food Adulteration Rules, 1955”. The Act is
being enforced since 1st June 1955. The objective of this Act was to ensure that food
articles sold to the customers are pure and wholesome.It is also intended to
prevent frauds or deception and encourage fair trade practices. The Act
prohibits the manufacture, sale and distribution of not only adulterated foods
but also food contaminated with toxicants and misbranded foods. All the food
products manufactured in India or imported and sold in the country have to meet
the requirements prescribed under PFA Act, 1954. The PFA Rules, 1955 are
amended from time to time. As per notification GSR (365) E dated 7.6.2005,the
same are called the Prevention of Food Adulteration (Fourth Amendment) Rules,
2005.
The administration
is through a three tier system (a) Government of India, (b)State / Union
Territory Governments (UTs), and (c) Local bodies. A Central Committee for Food
Standards has been constituted under the Act and has been charged with the
function of advising the Central Government on matter relating to the food
standards. The Ministry of Health and Family Welfare under the Government of
India is the nodal unit at the Central level. Four Central Food Laboratories are
situated at Kolkata, Ghaziabad, Mysore and Pune.The enforcement of the food
laws rest primarily with State/ UTs. The implementation of the Act in most of
the States is under the administrative control of the Directorate of Health
Services, whereas, in a few States, the implementation is being combined with
Drug Administration under Joint Food and Drug Administration. Implementation at
local level rests with the corporation/ municipal bodies. Licensing of food
industries is also done by them. At the State level, the Director of Public
Health and Preventive Medicine is appointed as the Food Health Authority. He is
responsible for the good quality and standards of food items available to the
consumers. Local Health Authority (LHA) under FHA is appointed in every city.
There are about 80 food laboratories in the country at District/ Regional or
State level in addition to four Central Food Laboratories.
ii.
Essential Commodities Act, 1955
The Essential
Commodities Act was enacted in 1955 with an objective to regulate the
manufacture, commerce, and distribution of essential commodities, including food.
The Act extends to the whole of India. A number of Control Orders have been
formulated under the provisions of Essential Commodities Act, 1955 and few
orders are enlisted here: (a) Fruit Product Order, 1955 (Ministry of Food Processing
Industries), (b) Milk and Milk Product Order, 1992 (Ministry of Agriculture),
(c) Vegetable Oils Product (Regulation) Order, 1998, (d) Solvent Extracted Oil,
De-oiled Meal and Edible Flour (Control) Order, ( e) Meat Product Order, 1973
and (f) Edible Oil Packaging (Development and Regulation) Order,1998. However,
excluding the Fruit Product Order, 1995, the majority of the Orders under the
essential Commodities Act, 1955 have not prescribed specification of food
products but specify the hygiene and food safety requirements. Specification of
food articles formulated under these Order are in line with the Standards laid down
under the PFA Act and Rules. The details of Fruit Product Order and Milk and
Milk Product Order are given here.
(a)
Fruit Product Order: The Fruit Product Control Order was issued
in 1946. Subsequently, this order was brought under Essential Supplies Act,
1948. The order is known as Fruit Products Order (FPO), 1955 as per the
provision under Section 3 of the Essential Commodities Act. Products covered
under this order are fruit and vegetables products. The order aims at
regulating sanitary and hygienic conditions in manufacture of fruit and
vegetable products. It is mandatory for all the manufacturers of fruit and
vegetables products to obtain a licence under this order. The order is
implemented by the Ministry of Food Processing Industries, Government of India.
The order has been amended in 2000 and is called as the Fruit Products
(Amendment) Order, 2000.
(b)
Milk and Milk Product Order (MMPO): Consequent upon the new
industrial policy announced by the Government of India in July, 1991, a number
of industries including dairying were liberalized from the purview of
compulsory licensing. In order to have a check on the mushroom growth of dairy
units in the organized/ private sector, the Department of Animal Husbandry and
Dairying Ministry of Agriculture had issued Milk and Milk Product Order (MMPO),
1992 on 9th June 1992, to enforce discipline in the milk trade. The order
was issued under Section 3 of the Essential Commodity Act, 1955. The main
objective of the order is to maintain and increase supply of liquid milk of
desired quality in the interest of the general public and also for regulating
the production, processing and distribution of milk and milk products. The
order prescribes conditions for registration and renewal .The milk and milk
products shall meet the standards prescribed under the PFA rules.
As per paragraph 5
(2), a person handling more than 10,000 litres of milk per day or milk solids
in excess of 500 tonnes/annum, is required to obtain registration certificate
from the Registering Authority for carrying on his business.This order has been
revised on 26.3.2006 to delegate the powers to the concerned State Government
for registration of units handling up to 2,00,000 litres of milk per day or 10,
000 metric tonnes of milk solid/annum. The other amendments are: (a) The
provision of assigning milk shed has been done away with; (b) The registrations
under MMPO-92 will now cover sanitary,hygienic condition, quality and food
safety; (c) The provision of inspection of dairy plant has been made flexible
and (d) The provision to grant registration in 90 days has been reduced to 45
days.
iii.
Standards of Weight and Measure Act, 1976
The Standards of
Weights and Measure Act, 1976 was enacted to establish standards of weights and
measures, to regulate trade or commerce in weights,measures and other goods
which are sold or distributed by weight, measure or number, to provide for matters
connected therewith or incidental thereto. It extends to the whole of India
primarily to protect the consumers. Packaging Commodities
Rules were framed
under the Act to regulate packaged commodities. Standards of Weights and
Measures (Enforcement) Act, 1985 was passed with a view to enable State
Governments to enforce provisions of Standards of Weights and Measures Act,
1976. The Act can be termed as ‘3 in 1’ Act as it is designed to: (a)
Standardise weights and measures; (b) Control manufacture and sale of weights
and measures to ensure accuracy and (c) Control over packaging commodities. The
salient features of the Act are:
1. Use of
non-standardised weights, measures is an offence under this Act.
2. Every
manufacturer, dealer and repairer of weights & measures is required to obtain
licence.
3. Every licensee
has to keep records of his business as per conditions of this licence.
4. All weights,
measures, weighing and measuring instruments are required to be verified and
stamped in requisite period.
5. Use or sale of
non-verified and unstamped weights, measures is offence under this Act.
6. Distribution of
quantity less than the standard weights, measures to consumer or excess demand
of quantity than the standard weights, measures is an offence under this Act.
8. Use of fake
weights and measures or elimination of the verification and stamping marks is
offence under this Act.
9. Sale or
distribution of goods by means of unstandardized weights and measures is
offence under this Act.
10. Display of
certificate of verification & stamping at prominent place is essential.
11. Every package
shall bear there on or a label securely affixed there to a declaration
regarding manufacturer’s, packer’s or importer’s name, generic name of the
product, number of content, net weight / measure, year and month of
manufacturing, packing or importing & sale price of the package i.e.maximum
retail price (inclusive of all taxes). Sale of package commodity at a higher
price than the declared price or elimination of such information or label on
packing is offence under this Act.
12. Manufacturer,
packer or importer of the prepacked commodities are required to register as
manufacturer, packer or importer.
The Act is enforced
by the Ministry of Consumer Affairs, Food and Public Distribution, Government
of India. The Government of India is revising the various rules under the Act
from time to time. The changes are as follows: (a) The Standards of Weights and
Measures (General) Rules, 1987, are called as Standards of Weights and Measures
(General) Rules, 2004; (b) The Standards of Weights and Measures ( Packaged
Commodities), Rules 1977 are amended as: The Standards of
Weights and Measures (Packaged Commodities) Amendment Rules, 2006 and (c)
Standards of Weights and Measures (Enforcement) Act, 1985 as Standards of
Weights and Measures (Enforcement) Act, 2005 is under process.
iv.
The Water (Prevention and Control of Pollution), Act 1974
The Act is
controlled by the Ministry of Environment and Forests and Central Pollution
Control Board (CPCB) constituted for this purpose enforces the Act.A
no-objection certificate from the respective State Pollution Control Board is essential
for all dairy plants. This Act has been amended and is designated as Water
(Prevention and Control of Pollution) (Amendment) Act, 2003. The Water (Prevention
and Control of Pollution) Act establishes an institutional structure for preventing
and abating water pollution. It establishes standards for water quality and
effluent. Polluting industries must seek permission to discharge waste into effluent
bodies.
v.
The Air (Prevention and Control of Pollution), Act 1981
The Act provides
for the control and abatement of air pollution. It entrusts the power of
enforcing this act to the CPCB.
vi.
Environment Protection Act, 1986
The Environment
(Protection) Act, 1986 has been formulated to provide for the protection and
improvement of environment and for matters connected there with.The Act
implements the decisions taken under at the United Nations Conference on the
Human Environment held at Stockholm in June, 1972, so far as they relate to the
protection and improvement of environment and the prevention of hazards to
human beings, other living creatures, plants and property. It also covers rule for
the manufacture, use, import and storage of hazardous microorganism/genetically
engineered organisms or cells. The salient features include:
(a) planning and
execution of a nation-wide programme for the prevention, control and abatement
of environmental pollution;
(b) laying down
standards for the quality of environment in its various aspects;
(c) laying down standards
for emission or discharge of environmental pollutants from various sources
whatsoever;
(d) no person
carrying on any industry, operation or process shall discharge or emit or
permit to be discharged or emitted any environmental pollutants in excess of
such standards as
may be prescribed;
(e) no person shall
handle or cause to be handled any hazardous substance except in accordance with
such procedure and after complying with such safeguards as may be prescribed;
(f) any person
empowered by the Central Government in this behalf has a right to enter any
premises all at reasonable times in order to carry out the purpose of this Act;
and
(g) the Central
Government or any officer empowered by it on this behalf has power to take for
the purpose of analysis, samples of air, water, soil or other substance from
any factory, premises or other place in the prescribed names and analysis of
such sample may be produced an evidence in case of a legal proceeding.
vii.
Export (Quality Control and Inspection) Act, 1963
The Act aims at
facilitating export trade through quality control and inspection before the
products are sold to international buyers. The Government of India has notified
an order titled “Exports of Milk Products (Quality Control, Inspection and
Monitoring) Rules, 2000” for regulating the exports of milk products from India
and calls for subjecting them to quality control inspection prior to their export.
It takes into account the demands and requirements of the world dairy market
with the regard to such factors as quality, health requirements, management practices
and processing norms. It covers animal health, hygiene in milk production,collection,
storage and transportation. It also specifies levels of residues permissible in
milk products, microbiological criteria for milk products, packaging, marketing
and labelling, storage and transportation requirements, as well as management
of herds and dairy plant, employee hygiene and the like. These rules also mark
an important step in upgrading the dairy trade within India and bringing about
quality consciousness at all levels of dairying from producer to the consumer.These rules have
been amended and are designated as the Export of Milk Products (Quality Control
Inspection and Monitoring) Amendment Rules, 2005.
viii.
The Infant Milk Substitutes, Feeding Bottles and Infant Food(Regulation of
Production, Supply and Distribution) Act, 1992 and Rules 1993
This Act aims at
promoting breast feeding and ensuring proper use of infant milk substitutes and
infant food. The Act has been amended and is designated as Infant milk
Substitutes, Feeding Bottles and Infant Food (Regulation of Production,Supply
and Distribution) Amendment Act, 2003. The act provides for the regulation of
the production, supply and distribution of infant milk substitutes, feeding
bottles and infant foods, with a view to protecting and promoting
breast-feeding and ensuring the proper use of infant foods.Under the Act, “infant
food” means any food that is marketed or otherwise represented as a complement
to mother’s milk to meet the needs of the infant after the age of six months
and up to the age of two years. “Infant milk substitute” refers to any food
being marketed or otherwise represented as a partial or total replacement for
mother’s milk for the infant up to the age of two years.
The Act prohibits
persons from advertising, or taking part in the publication of any advertisement,
for the distribution, sale or supply of infant milk substitutes, feeding bottles
or infant foods, or giving an impression or creating a belief in any manner that
the feeding of infant milk substitutes and infant foods is equivalent to, or
better than, feeding mother’s milk, or taking part in the promotion of infant
milk substitutes,feeding bottles or infant foods. Similarly, it expressly
prohibits persons from supplying or distributing samples of infant milk
substitutes or feeding bottles of infant foods or gifts of utensils or other
articles, or contacting any pregnant woman or the mother of an infant, or
offering inducement of any other kind for the purpose of
promoting the use or sale of infant milk substitutes or feeding bottles or
infant foods.The Act lays down standards and quality control requirements,
where it prohibits all persons from producing, selling or distributing any
infant milk substitutes, feeding bottles or infant foods unless they confirm to
the standards specified under the Prevention of Food Adulteration Act, 1954.
All such containers should bear the standard mark specified by the Bureau of
Indian Standards Act, 1986.
ix.
The Food Safety and Standards Act, 2006
The Food Safety and
Standard Act, 2006 (No.34 of 2006) has been enacted to consolidate the laws
related to food and to establish the “Food Safety and Standards Authority of
India” for laying down science based standards for articles of food and to
regulate their manufacture, storage, distribution, sale and import to ensure
availability of safe and wholesome food for human consumption and for matters
connected herewith or incidental thereto.There are twelve chapters in the Act.
A brief description of different chapters is given below:
Chapter-
1: Titled as “Preliminary” and outlines title, extent and
commencement.It defines the core and associated terms and contexts related to
food, manufacturer,standards, authority, quality and testing such as: food,
adulterants, contaminants,extraneous matter, food additives, hazards, ingredients,
misbranded food, primary food, unsafe food, food business, sample of food, sale
of food, chairperson of Food Authority, commissioner of food safety, food
analyst, food authority, designated officer,
food analyst, food business operator, food safety officer, food manufacturer,
consumer, advertisement, claim, food business, food laboratory, food safety,
food safety audit, food safety management system, import, license, local area
notification, package, premises, prescribed, prohibition order risk, risk analyses,
risk assessment, risk communication, risk management, tribunal, etc.
Chapter
– 2: Titled as “Food Safety and Standards Authority of India”
deals with its establishment; composition of food authority and qualifications
for appointment of its chairperson and other members; selection committee
composition for selection of chairperson and members, terms of office, salary,
allowances and other conditions of service for chairperson and members,
officers and other employees of food authority; and functions of Central
Advisory Committee, etc.Different committees and panels in it and duties and
functions of the Authority are also described. The food authority shall consist
of a Chairperson and 22 members.
Chapter
– 3: Titled as “General Principles of Food Safety” outlines general principles
to be followed in administration of Act.
Chapter
– 4: Titled as “General Provision as to Articles of Food” deals with use
of food additives or processing aids; contaminant, naturally occurring toxic substances,
heavy metals etc.; pesticides, veterinary drugs residues, antibiotic residues
and microbiological counts; generally modified foods, organic foods,functional
foods, proprietary foods, etc.; packaging and labelling of foods and restrictions
of advertisement and prohibition as to unfair trade practices etc.
Chapter
– 5: Titled as “Provision related to Import” specifies: all
imports of articles of food to be subject to this Act.
Chapter
– 6: Titled as “Special Responsibilities as to Food Safety” deals
with responsibilities of the food business operator, liability of
manufacturers, packers,wholesalers, distributors and sellers and recall
procedures.
Chapter
– 7: Titled as “Enforcement of The Act” outlines authorities
responsible for enforcement of act.; commissioner of food safety of the State;
licensing and registration of food business; improvement notices; prohibition
orders; emergency prohibition notices and orders; notification of food
poisoning; designated officer; food safety officer; powers of food safety
officer; liability of food safety officer in certain cases; analysis of food by
the purchaser; power of search, seizure,investigation, prosecution and
procedure thereof and procedure for launching prosecution. The
section 31 specifies that no person shall commence or carry on any food
business except under a licence. However, the petty manufacturer, petty retailer,
hawker, itinerant vendor or a temporary stall holders or tiny food business operators
are exempted from licence but they shall register themselves with an authority
to ensure availability of safe and wholesome food to consumers.
Chapter
– 8: Titled as “Analysis of Food” deals with the provisions of
recognition and accreditation of laboratories, research institutions and
referral food laboratory;recognition of organization or agency for food safety
audit; food analyst; functions of food analyst and sampling and analysis.
Chapter
– 9: Titled as “Offences and Penalties” specifies general
provision related to offences; general provisions relating to penalty; penalty
for selling food not of the nature of substance or quality demanded; penalty
for substandard food; penalty for misbranded food; penalty for misleading advertisement;
penalty for food containing extraneous matter; penalty for failure to comply
with directions of the food safety officer; penalty for unhygienic or
unsanitary processing or manufacturing of food; penalty for possessing
adulterants; penalty contraventions for which no penalty is provided;
punishment for unsafe food; punishment for interfering with sized items;
punishment for false information; punishment for obstructing or impersonating a
food safety officer for carrying out business without license;compensation for
injury to consumer and penalty for contravention of provisions in case of
import of food article.
Chapter
– 10: Titled as “Adjudications and Food Safety Appellate
Tribunal” deals with adjudication and notifying adjudicating officer; establishment
of Food Safety Appellate Tribunal; procedure of and powers of the tribunal;
civil court not to have jurisdiction; power of court to try cases summarily;
special courts and public prosecutor; power to transfer cases to regular
courts; appeal; time limit for prosecution; magistrate’s power to impose
enhanced punishment and defences which may or may not be allowed in prosecution
under this Act.
Chapter
– 11: Titled as “Finance, Account Audit and Reports” deals with
Budget,Finances and Accounts and audit of food authority and annual report of
food authority.
Chapter
– 12: Titled as “Miscellaneous” outlines the power of central Government
to issue directions to food authority and obtain reports and returns; power of
Central Government to give directions to State Government(s); members, officers
of food authority and commissioner of food safety to be public servants;protection
of action taken in good faith; overriding effect of this Act over all other food
related laws; transfer of existing employees of central Government Agencies governing
various food related Acts of orders to Food Authority; power of Central
Government to make rules; power of Food Authority to make regulations;laying of
rules and regulations before parliament; power of state Government to make
rules; reward by State Government(s); recovery of penalty; repeal and savings;
transitory provision for food standards; Milk and Milk Products Order,1992
shall be deemed to be regulations made under this Act; amendments to the infant
milk substitutes, feeding Bottles and infant foods (Regulation of Production,Supply
and Distribution) Act.1992 and power to remove difficulties.The section 97
specifies that on commencement of this Act, enactment and order relating to
food specified relating in the Second Schedule shall stand repealed.The Second
Schedule enlists: (a) The Prevention of Food Adulteration act, 1954(PFA 37 of
1954), (b) The Fruit Product Order (FPO) 1955, (c) The Milk and Milk Product
Order, 1992, (d) The Vegetable Oils Product (Control) Order,1998, (e) The
Solvent Extracted Oil, De-oiled Meal and Edible Flour (Control) Order, 1967 (
f) Meat food Product Order, 1973 (g) The Edible Oils Packaging(Regulation)
Order, 1998 and (h) Any other order issued under the Essential Commodities Act,
1955 ( 10 of 1955) relating to food.
x.
Bureau of Indian Standards
The Indian Standard
Institution (ISI), a national standard organization, was set up in 1947 as a
registered society. It was accorded a statutory body status as “Bureau of
Indian Standards (BIS)” under Bureau of Indian Standards Act, 1986. It started
functioning from 1.4.1987. The BIS certification is voluntary and aims at
providing quality, safety and dependability to the consumers. The objectives are:
(a) harmonious development of standardization, marking and quality
certification;(b) to provide new thrust to standardization and quality control
and (c) to evolve a national strategy for according recognition to standards
and integrating them with growth and development of production and export. The
functions are:
(a)
Formulation of Indian Standards: The bureau develops Indian
standards for products, processes and services by bringing together and
coordinating various interest groups like manufacturers, consumers, technical
experts, testing personnel and others interested. The standards so prepared are
known as Indian Standards(IS) and are considered as legal documents.
(b)
Product Certification: The manufacturers of products
interested in producing their products as per relevant Indian Standards are
permitted to use the Standard Mark of the Bureau (the popular ISI mark) on
their products after obtaining a licence from the Bureau. The BIS product
certification scheme is essentially voluntary in nature. The pre-requisites for
obtaining a licence are: (a) the manufacturer has the necessary manufacturing
and testing facility for the product and (b) agrees to
follow the quality assurance scheme of the Bureau in addition to payment of
necessary fees as stipulated. The other certification schemes are:(i)
Certification for Indian Importers, (ii) Certification for Foreign
Manufacturers,(iii) ECO MARK Certificate for environment friendly products- the
products should conform to additional requirements specified in the Indian
Standards and (d) Hall Marking of Gold Jewellery: The certification of purity
of Gold Jewellery is done in accordance with the Indian Standard IS: 1417 (Specification
for Gold and Gold Alloys, Jewellery/ Artifacts - Fineness and Marking). The Standard
is equivalent to the International Standard ISO 9202:1991-Jewellery.
(c)
Management System Certifications: The Bureau operates the
following Certification Schemes:
i) Quality
Management System Certification (ISO 9001 Certification: The Bureau operates the
Quality Management System Certification based on the ISO 9001:2000 standard
published by the International Organization of Standardization (ISO).
ii) Environment
Management System Certification: The certification scheme is based on the ISO
14001 standards.
iii) Information
Security Management System Certification (ISMS based on ISO/IEC 27001).
iv) Hazard Analysis
and Critical Control Point: Hazard Analysis and Critical Control Point
(HACCP) is a process control system designed to identify and prevent microbial
and other hazards in food production. We have studied the details in the Unit 3
of Block 1 of this course. BIS offers two Certification schemes to the food
industry : (a) HACCP Stand-alone Certification
against IS 15000:1998 and (b) HACCP based Quality System Certification provides
for two certification through one audit Certification of Quality System against
IS/ISO 9000 and Certification of HACCP against IS 15000.
v) Occupational
Health and Safety Management Systems: Good health and safety performance
ensures an accident-free industrial environment. IS 18001:2000 standard
prescribes requirements for an OH&S Management Systems.
vi) Food Safety
Management System Certification: BIS has launched Food Safety Management
Systems (FSMS) Certification licence to organizations according to IS/ISO
22000. BIS has adopted this International Standard as IS/ISO 22000:2005. This
standard integrates the principles of Hazard Analysis and Critical Control
Point (HACCP) system developed by Codex Alimentarius Commission and combines
the HACCP plan with Prerequisite Programmes (PRPs) and is fully compatible with
Quality Management Systems (QMS) as per ISO 9001: 2000.
(d)
Laboratories Network for Product Testing: BIS has established a
network of its own and accredited laboratories to cater to the ever increasing
load of testing samples generated from its Product Certification Scheme.,
(e)
Accreditation of Laboratories: BIS laboratory recognition scheme
is in line with “IS 14874:2000/ ISO/IEC 17025:1999 General requirements for the
competence of Testing and Calibration laboratories”.
(f)
Training: BIS has set up a National Institute of Training for
Standardization for organization of various types of training programmes at
Noida, UP.
(g)
Enquiry Point for WTO: Ministry of Commerce, Government of
India, has designated BIS as an enquiry point under the Agreement on Technical
Barriers to Trade of the World Trade Organization (WTO). According to the
Agreement,the BIS Enquiry Point issues notifications on proposed technical
regulations and certification systems in India to WTO.
(h)
Standard Promotion: Includes: activities related to consumer
awareness, other certification bodies, financial incentives to SSIs, benefits
and preference given to BIS licenses, etc.
xi.
Agriculture Produce Grading and Marketing Act (Agmark Act 1937)
“AGMARK” insignia
stands for: “AG” for “Agricultural” and “MARK” for “Marking”. The Agricultural
Produce (Grading and Marking) Act, 1937 was passed by the Indian Legislature
for the orderly marketing of Agriculture produce on all-India basis. The “AGMARK”
seal ensures quality and purity. The Act empowers the Government to fix quality
standards, and to prescribe terms and conditions for using the seal of ‘AGMARK’.
It is a voluntary organization in nature for certification of agricultural
produce (raw and processed) and act as “Third Party Guarantee”. So far, grade
standards have been notified for 181 agricultural and allied commodities. Among
the dairy products, the ghee and creamery butter are covered under the
Act. Three types of Ghee- Standard, General (Green Label), and Special
Grade (Red Label) are marketed under the AGMARK Seal. The Act was amended in
1986 (No. 76 of 1986).The Directorate of Marketing and Inspection, under the
Ministry of Agriculture is the nodal unit for its implementation. The
definition of quality for “Standard Grade” shall be same as laid down under the
PFA rules.
xii.
Customs Act, 1962
It is basic act
governing import of products into India and is implemented by the Ministry of
Finance.
xiii.
The Director General of Foreign Trade
Director General of
Foreign Trade under the Ministry of Commerce and Industry regulates the import
and export and issues necessary notifications. For example,the Notification no
44 dated 24.11.2000 imposes special conditions of compliance of all the
conditions to provisions of the Standards of Weights and Measures (Packaged
Commodities) Rules, 1977 on import as applicable to domestic producers. The
compliance of these shall be ensured before the import consignment of such
commodities is cleared by Customs for home consumption. All prepackaged
commodities, imported into India, shall in particular carry the following declarations:
(a) Name and
address of the importer;
(b) Generic or
common name of the commodity packed;
(c) Net quantity in
terms of standard unit of weights and measures. If the net quantity in the
imported package is given in any other unit, its equivalent in terms of standard
units shall be declared by the importer;
(d) Month and year
of packing in which the commodity is manufactured or packed or imported;
(e) Maximum retail
sale price at which the commodity in packaged form may be sold to the ultimate
consumer. This price shall include all taxes local or otherwise, freight,
transport charges, commission payable to dealers, and all charges towards advertising,
delivery, packing, forwarding and the like, as the case may be.
xiv.
The Insecticide Act, 1968
The Act envisages
safe use of insecticides so as to ensure that the leftover chemical residue do
not pose any health hazard.
xv.
Industrial Licence
No licence is
required for setting up a dairy plant in India. Only a memorandum has to be
submitted to the Secretariat for Industrial Approvals (SIA) and an acknowledgement
obtained. However, a certificate of registration is required under the Milk and
Milk Products Order (MMPO), 1992.
xvi.
The Export Inspection Council of India (EIC)
The Export
Inspection Council (EIC) was set up by the Government of India in order to
ensure sound development of export trade of the country through quality control
and inspection and for matters connected thereof. It notifies commodities,establishes
standards of quality control and /or inspection and prohibits the export of a
notified commodity unless a certificate issued under section 7 of the Act accompanies
it. Through its network of laboratories, it inspects and issues certificate of
export. It also renders services in the areas of:
(a) Certification
of quality of export commodities through installation of quality assurance
systems (In-process Quality Control and Self Certification) in the exporting
units as well as consignment wise inspection.
(b) Certification
of quality of food items for export through installation of Food safety Management
System in the food processing units.
(c) Issue of
Certificates of origin to exporters under various preferential tariff schemes for
export products. The milk products are certified by the EIC.
xvii.
Agricultural and Processed Food Products Export Development Authority (APEDA)
The Agricultural
and Processed Food Products Export Development Authority(APEDA) under the
Ministry of Commerce and Industry came into existence in 1986 to promote the
export of our agricultural commodities and processed foods.APEDA puts its
quality logo on the products to be exported and its seal of quality is
designated as “Quality Produce of India”. This logo is a mark of pride and reliability.
Milk products along with fruits, vegetables, meat and meat products, honey, jaggery
and sugar products, alcoholic and non alcoholic beverage, cereals,groundnuts,
peanut, walnut, pickles, chuteny, guragum, flowers and herbal and medicinal
products comes under the purview of the APEDA.
xviii.
Indian Institute of Packaging
Indian Institute of
Packaging (IIP) is registered under the Societies Registration Act 1860. It was
established in the year 1966 jointly by the Ministry of Commerce and Industry
and the Packing and Allied Industries of the country. The main aim of the
Institute is to undertake research in raw materials for the packaging industry,to
organise training programmes on packaging technology and to stimulate the need
for good packaging, etc. The Institute keeps checks on quality of packaging material through testing and performance
evaluation.
xix.
National Numbering Organisation (EAN-India)
National Numbering
Organisation (EAN – India) is a society registered under the Societies
Registration Act with objectives of promoting Article Numbering, Bar Coding and
EDI (electronic data interchange) in Indian trade and industries. It is managed
by a board of management comprising representatives of the Ministry of Commerce
and Industry, APEDA (Agricultural and Processed Food Products Exports
Developments Authority), ASSOCHEM (The Associated Chambers of Commerce and
Industry), BIS (Bureau of Indian Standards), CII (The Confederation of Indian
Industry), FICCI (Federation of Indian Chambers of Commerce and Industry), FIEO
(Federation of Indian Export Organisations),Spices Board, Indian Merchant
Chamber, Mumbai and Indian Institute of Packaging, Mumbai. It is a member of
EAN International based at Brussels.EAN stands for International Article
Numbering Association, originally called the European Article Number (hence
EAN).
xx.
National Accreditation Board for Testing and Calibration Laboratories (NABL)
National
Accreditation Board for Testing and Calibration Laboratories (NABL) is an
autonomous body under the aegis of Department of Science & Technology,Government
of India, and is registered under the Societies Act. It is established with an
objective to provide third party assessment of the quality and technical competence
of testing and calibration laboratories. In order to achieve this objective,NABL
provides laboratory accreditation services to laboratories that are performing tests
/ calibrations in accordance with NABL criteria, which is based on
internationally
accepted standards and guidelines.
xxi.
Quality Council of India
Quality Council of
India (QCI) has been setup as an Autonomous body by the Government of India,
(Ministry of Commerce & Industry, Department of Industrial Policy &
Promotion being the nodal Ministry) with headquarters at Jaipur. The main
objectives of the QCI are: -
i. To establish
National Accreditation Boards for:
a. Bodies
certifying Quality Management Systems, Environment Management Systems, Products
and carrying out third party inspection,
b. Registration of
Quality Management Personnel and Training Organizations,
c. Testing and
Calibration Laboratories
ii. To raise
quality consciousness in the country through National Board for Quality Promotion.
iii. To ensure
effective functioning of a National Information and Inquiry Service on Standards
and Quality
iv. To promote,
coordinate, guide and implement a national quality initiative for building
confidence in Indian products and services and for improving the competitiveness
of the Indian Industry
v. To enter into
arrangements with similar foreign agencies and develop procedures for exchange
and transfer of technologists and technologies,
vi. To encourage
industrial/applied research and development in the field of quality
vii. To facilitate
up-gradation of testing and calibration facilities and laboratories
viii. To raise the
level of training for personnel engaged in quality activities including the
assessors and trainees.
ix. To develop and
operate an appeal mechanism to deal with unresolved complaints.
xxii.
Consumer Protection Act, 1986
The Consumer
Protection Act came into force on 15.4.1986 to protect the consumers from exploitation
and to save them from adulterated and substandard goods and deficient services.
A Statutory Consumer Protection Council has been set-up under the Act
implemented by the Ministry of Consumer Affairs, Food and Public Distribution.
The main aim of the council is to redress the grievances of the consumer about
quality of purchased goods, including food articles. The Act also provides
setting up of such councils at State/ District level.
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