FSSAI's Front-of-Pack Labelling Regulations Stalled for a Decade Amid Supreme Court Scrutiny
The Food Safety and Standards Authority of India (FSSAI) has informed the Supreme Court that framing front-of-pack labelling (FOPL) regulations will require additional time, citing a complex and lengthy process. However, an analysis of the authority's regulatory history over the past ten years reveals that the average time to frame or amend regulations is approximately two years, starkly contrasting with the FOPL process, which has been ongoing for about a decade.
Historical Timeline of FSSAI Regulations Highlights Efficiency Gaps
FSSAI initiated FOPL guidelines in 2014, aiming to mandate labels on packaged foods indicating fat, sugar, and salt content. By 2015, these guidelines were made public with a promise to convert them into regulations after stakeholder consultations. The draft Food Safety and Standards (Labelling and Display) Regulations, 2018, was released in April 2018, but since then, multiple stakeholder meetings and revised drafts have failed to yield final regulations.
In response to a public interest petition, the Supreme Court has been overseeing FSSAI's progress, with the authority repeatedly seeking extensions. In a recent affidavit, FSSAI outlined a protracted procedure, stating it is "contemplating" tabular or pictorial representations for FOPL and requires further consultations. Notably, the latest stakeholder meeting included over 60 industry representatives but only two public health experts, raising concerns about balanced input.
Step-by-Step Regulatory Hurdles Prolong Implementation
FSSAI detailed an eight-step process that must be completed before FOPL regulations can be enforced:
- Conduct stakeholder consultations and prepare a draft amendment.
- Present the draft to a scientific panel and committee for review.
- Incorporate amendments into the regulation draft.
- Submit recommendations to the scientific committee for endorsement.
- Obtain FSSAI approval, with potential re-notification for substantial changes.
- Forward the draft to the Health Ministry for approval.
- If a draft regulation, notify it in the gazette for 60-day public comments and repeat prior steps.
- If a final regulation, vet it through the Law Ministry and Health Ministry before gazette publication.
This exhaustive pathway indicates that FOPL regulations are far from imminent, despite FSSAI's historical capability to finalize other regulations within shorter timeframes.
Comparative Analysis of FSSAI Regulation Timelines
Data from recent FSSAI regulations underscores the disparity in processing times:
- Food Safety and Standards (Health Supplements) Regulations, 2016: 17 months from draft to notification.
- Food Safety and Standards (Alcoholic Beverages) Regulations, 2018: 18 months.
- Food Safety and Standards (Fortification of Foods) Regulations, 2018: 19 months.
- Food Safety and Standards (Organic Foods) Regulations, 2017: 6 months.
- Food Safety and Standards (Advertising and Claims) Regulations, 2018: 8 months.
- Food Safety and Standards (Packaging) Regulations, 2018: 9 months.
Amendment processes have also varied, with some taking up to 34 months. The longest ongoing delay besides FOPL is the Food Safety and Standards (Genetically Modified and Engineered Foods) Regulations, initiated in 2019 and still pending after seven years.
FSSAI's assertion in court that FOPL regulations will not materialize soon contrasts with its track record, where the maximum time for any regulation has been just over three years. This highlights significant inefficiencies in the current FOPL process, potentially impacting public health initiatives aimed at curbing obesity and diet-related diseases through transparent food labelling.
