FSSAI Legal Definations: Food, Food Business & FBO

It have been always observed that terms used in general conversation carry a deep meaning, if investigated them on the legal  fronts.

For example term 'Food'

For a layman food is anything which can be eaten. But if you investigate the legal definition of food, you will know that it has much deeper meaning.

As per Section 3 (j) of FSS Act 2006,

“Food” means any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food to the extent defined in clause (zk), genetically modified or engineered food or food containing such ingredients, infant food, packaged drinking water, alcoholic drink, chewing gum, and any substance, including water used into the food during its manufacture, preparation or treatment,

but does not include,

Any animal feed, live animals unless they are prepared or processed for placing on the market for human consumption, plants prior to harvesting, drugs and medicinal products, cosmetics,narcotic or psychotropic substances.

Provided that the Central Government may declare, by notification in the Official Gazette, any other article as food for the purposes of this Act having regards to its use, nature, substance or quality;

Hence one can know, farmers growing grains , vegetables, fruits and rearing livestock's doesn't need FSSAI license as their product doesn't fit into legal definition of food though it is intended to be eaten.

Similarly same section of FSS Act 2006 can be used to notify any article as food  and can ban it's Manufacture and sale.

For example Tobacco

Tobacco is not food though it is intended for human consumption. But central government can use this section of FSS Act 2006 and notify Tobacco as food. Once tobacco comes under preview of FSSAI, it can be prohibited from Manufacturing and sale.

This can be a way by which we can prevent coming generations from exposing them to Tobacco and other Tobacco products.

Another term 'Food Business'

For a layman meaning of food business is limited to its Manufacture and sale.

But as per Section 3(n) of FSS Act 2006,

“Food business” means any undertaking, whether for profit or not and whether
public or private, carrying out any of the activities related to any stage of
manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, catering services, sale of food or food ingredients.

So from this definition one can know even transporting food items also require to have FSSAI license. Activities like Marketer, Wholesaler, Distributer and Retailer are covered in term 'distribution of food' as mentioned in definition of food business. Hence even if you are merely trading the food article without actually handling the food also need to have FSSAI license.

FBO an important term.

FBO means Food Business Operator.

As per Section 3(o) of FSS Act 2006,

“Food Business Operator” in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of this Act, rules and regulations made thereunder;

This definition is of special importance, as  it clearly defines the person which will be prosecuted when there is non compliance  w.r.t. FSS Act, Rules & Regulation made thereunder.

This term becomes critically important when someone dies because of food poisioning. FBO has the full responsibility of ensuring safety of food, can be prosecuted for any non compliance which may result into huge penalty or even life Imprisonment.

It has been observed that industries tries to keep their Directors safe by assigning a nominee.but it should to be always remembered that Director(s) is/are the person which actually carries out the business, hence carry the ultimate responsibility in ensuring regulatory compliances.

Reference:
Food Safety & Standards Act,2006