FSSAI’s Prolonged Finalization of Front-of-Pack Labelling Rules Deviates from Its Usual Timeline
The Food Safety and Standards Authority of India (FSSAI) has informed the Supreme Court that the implementation of front-of-pack labeling (FOPL) regulations will take longer than anticipated, prompting the need for additional time. This announcement comes as the FSSAI has been working on these regulations for nearly a decade, with previous guidelines established in 2014. Despite multiple drafts and stakeholder consultations, a finalized regulation remains elusive, raising concerns about the transparency and efficiency of the regulatory process.
Prolonged Regulatory Process
The FSSAI’s recent affidavit to the Supreme Court outlines a lengthy process for establishing FOPL regulations. The authority has been developing guidelines since 2014, which included labeling requirements for fat, sugar, and salt content in packaged foods. Although the FSSAI released draft regulations in 2018, the process has since stalled, with numerous consultations and revisions but no final regulations in sight. The Supreme Court has been monitoring the situation following a public interest petition urging the FSSAI to make FOPL mandatory for high-fat, sugar, and salt foods. The FSSAI’s request for more time has raised questions about the efficiency of its regulatory framework.
Stakeholder Consultations and Industry Representation
The FSSAI’s latest stakeholder consultation involved over 60 representatives from the food industry and associations, but only two public health experts participated. This imbalance has sparked criticism regarding the inclusivity of the consultation process. The FSSAI has indicated that it is considering a tabular or pictorial representation for FOPL, which it describes as a complex issue requiring further examination. The authority’s approach has been to engage stakeholders before finalizing the modalities of the labeling system, but the lack of progress has left many stakeholders frustrated.
Steps to Finalize Regulations
The FSSAI’s process for finalizing the FOPL regulations involves several steps. After stakeholder consultations, a draft amendment will be prepared and reviewed by a scientific panel composed of food scientists from various government institutions. Following this, the recommendations will be presented to a scientific committee for endorsement. If substantial changes are made to the draft regulation, it will need to be re-notified for public comments, extending the timeline further. The FSSAI has acknowledged that the regulation is unlikely to be implemented soon, with the longest time taken for any existing regulation being over three years.
Historical Context of FSSAI Regulations
The FSSAI has a history of delays in framing regulations, with some regulations taking years to finalize. For instance, the Food Safety and Standards (Genetically Modified and Engineered Foods) Regulations have been pending since 2019. The average time taken for the FSSAI to frame new regulations or amend existing ones has been around two years, but the FOPL process has exceeded this timeframe significantly. The ongoing delays in implementing FOPL regulations highlight the challenges faced by the FSSAI in balancing industry interests with public health concerns, raising questions about the future of food labeling in India.
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