- Observing that it is a fundamental right of the consumer to know the details of the packaged food, Delhi High Court on Wednesday directed the Food Safety and Standards Authority of India (FSSAI) to issue a fresh communication to all the authorities concerned stating the obligation to make clear disclosure as to whether the food article is vegetarian or non-vegetarian.
- The Bench comprising Justices Vipin Sanghi and DK Sharma is hearing the matter.
- The High Court passed the order while hearing a plea for labelling “all items” used by the public, including home appliances and apparel, as “vegetarian” or “non-vegetarian” on the basis of their ingredients and “items used in manufacturing process”.
- The court direct that the fresh communication/ order be given wide publicity to in all the national dailies as the information is vital as it affects fundamental rights of public.
- Since the right of every person under Article 21 (protection of life and personal liberty) and Article 25 (freedom to conscience and free profession, practice and propagation of religion) under the Constitution is impacted by what is offered on a platter, in our view it is fundamental that a full and complete disclosure regarding the food article being vegetarian or non-vegetarian is made a part of consumer awareness.
- The court also directed the FSSAI and the Centre to file detailed counter affidavits in the matter and listed the plea for further proceedings on May 21.
In India every packaged food article for consumption has to be labeled in accordance to the related Indian Food Law i.e. Food Safety and Standards (Packaging and Labelling) Regulations, 2011, notified by Food Safety and Standards Authority of India (FSSAI). Food label displays name of all the ingredients,its amounts present, nutritional information. Also, food label specifies if it contains added flavours and colours, preservatives.Contact information.
In case the label does not satisfy the food labelling standards, food product is categorised as misbranded food and is liable to various penalties as follows:
- Misbranded Food Up to 3 lakh rupee
- Misleading advertisement Up to 10 lakh rupees
The following labelling requirements must be complied with by all prepackaged food sold in India:
- The label must be in English or Hindi or Devnagri language. In addition to the above, the label can contain information in any other language, as required.
- The label must not contain information about the food that could be deemed to be false, misleading, deceptive or otherwise create an erroneous impression regarding the product.
- The label must be affixed to the container in such a manner that it would not easily be separated from the container.
- The contents or information presented in the label should be clear, prominent, indelible and readily legible by the consumer.
- If the container is covered by a wrapper, then the wrapper must contain necessary information or make the label of the product inside readily legible by not obscuring.
- The name of the food must be mentioned along with the trade name and description of the food contained. In case the food contains more than one ingredient, then a list of ingredients must be presented in descending order of their composition by weight or volume, as the case may be, at the time of its manufacture;
Nutritional Information or nutritional facts per 100 gm or 100ml or per serving of the product must be given on the label along with the following information:
- energy value in kcal;
- the amounts of protein, carbohydrate (specify the quantity of sugar) and fat in gram (g) or ml;
- the amount of any other nutrient for which a nutrition or health claim is made:
All packaged food that is “Non-Vegetarian” must have a symbol that is a brown colour filled circle inside a square with a brown outline. If a food contains only egg as a non-vegetarian ingredient, then the manufacturer may provide a declaration that the product contains only egg and add the non-vegetarian symbol. Packaged vegetarian food should have a symbol that consist of green colour filled circle inside a square with green.
Other information
- Relating to Food Additives, Colours and Flavours
- Lot Number of Batch Identification
- Date of Manufacture or Packing: The date, month and year in which the commodity is manufactured, packed or pre-packed must be mentioned on the label. In the case of food products having a shelf life of more than three months, then the month and the year of manufacture can be given with the “Best Before Date”. In case of products having a shelf life of fewer than three months, the date, month and year in which the commodity is manufactured or prepared or pre-packed must be mentioned on the label with best before date.: :
- Country of Origin for Imported Food: For imported food, the country of origin of the food should be declared on the label of the food. In case a food product undergoes processing in a second country which changes its nature, the country in which the processing is performed should be considered to be the country of origin for the purposes of labelling.
- Instructions for Use: Instructions for use, including reconstitution, should be included on the label, if necessary, to ensure correct utilization of the food.
Advocate Rajat Aneja, appearing for petitioner Ram Gaua Raksha Dal — a trust working towards the welfare of cows, submitted that the December 22, 2021 communication still leaves a lot of ambiguity and does not clearly require food business operators to make a disclosure as to whether or not the food item is veg or non-veg on the basis that even if its use is miniscule, it would make the article non-veg.
