Executive Summary:
The Ministry of Health and Family Welfare addresses concerns regarding adulterated food items, including chocolates, in India. The Food Safety and Standards Authority of India (FSSAI) is responsible for setting food standards and ensuring compliance through regular inspections and enforcement. Regulatory actions, including punitive measures, are taken against Food Business Operators (FBOs) found in violation of the Food Safety and Standards (FSS) Act, 2006 and its regulations.
Key Points / Main Content:
FSSAI Mandate:
* FSSAI sets science-based standards for food articles.
* FSSAI regulates manufacture, storage, distribution, sale, and import of food.
* The aim is to ensure safe and wholesome food availability.
Enforcement and Compliance:
* FSSAI conducts regular inspections and surveillance through regional offices and State/UT food safety authorities.
* Activities include localized, targeted, and special enforcement drives, and the National Annual Surveillance Plan (NASP).
* Food Business Operators (FBOs) must comply with Schedule 4 sanitary and hygienic requirements as per the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulation, 2011.
Regulatory Actions:
* Deviations from standards or violations of regulations lead to regulatory actions.
* Actions include punitive measures as stipulated under the FSS Act, 2006.
* Consumer complaints are addressed swiftly, and regulatory action is taken as per the FSS Act, 2006.
* Penal actions, including adjudication and prosecution, are initiated against defaulting FBOs for non-conforming food samples.
Continuous Review:
* FSSAI continuously reviews and strengthens food safety regulations, including those for products like chocolate.
Enforcement Data (Last 5 Years):
| Year | No. of Samples Analysed | No. of Samples found Nonconforming | No. of Cases Launched |
| :-------- | :----------------------- | :---------------------------------- | :-------------------- |
| 2024-25 | 1,70,535 | 34,388 | 31,407 |
| 2023-24 | 1,70,513 | 33,808 | 30,747 |
| 2022-23 | 1,77,511 | 29,652 | 44,626 |
| 2021-22 | 1,44,345 | 20,108 | 32,934 |
| 2020-21 | 1,07,829 | 15,323 | 28,347 |
Impact Analysis:
Food Business Operators (FBOs):
Impact: FBOs are directly affected by the regulations and enforcement activities, and are subject to inspections, sampling, and potential penalties for non-compliance.
Action Required: FBOs must ensure adherence to the FSS Act, 2006, and related regulations, including Schedule 4 requirements, to avoid regulatory actions.
Consumers:
Impact: Consumers benefit from FSSAI's efforts to ensure the safety and quality of food products, including chocolates, reducing the risk of consuming adulterated or contaminated items.
Action Required: Consumers can lodge complaints with DOs/FSOs regarding any concerns about food safety, triggering regulatory action if violations are found.
State/UT Food Safety Authorities:
Impact: These authorities are responsible for implementing and enforcing FSSAI regulations at the local level, conducting inspections, and addressing consumer complaints.
Action Required: State/UT authorities must conduct regular surveillance and enforcement activities, and take appropriate action against FBOs found in violation of the regulations.
FSSAI:
Impact: FSSAI is responsible for setting and updating food safety standards, conducting surveillance, and ensuring compliance.
Action Required: FSSAI must continuously review and strengthen food safety regulations based on evolving needs and risks.
Key Entities Referenced
Ministry of Health and Family Welfare: The Indian government ministry responsible for health policy in India.
Lok Sabha: The lower house of the Parliament of India.
Food Safety and Standards Authority of India: An autonomous body established under the Food Safety and Standards Act, 2006 responsible for setting standards and regulating food safety in India.
FSS Act, 2006: The Food Safety and Standards Act, 2006, the primary legislation governing food safety and standards in India.
Food Safety and Standards Regulations: Regulations established under the FSS Act, 2006, that provide specific requirements for food safety and standards.
National Annual Surveillance Plan: A plan by Food Safety and Standards Authority of India for conducting surveillance drives and sampling activities related to food safety.
Food Business Operators: Entities involved in the food business, regulated under the FSS Act, 2006.
Food Safetyand Standards Licensing and Registration of Food Businesses Regulation, 2011: Regulation by Food Safety and Standards Authority of India, that prescribes sanitary and hygienic requirements.
GOVERNMENTOFINDIA
MINISTRYOFHEALTH AND FAMILYWELFARE
DEPARTMENTOFHEALTH AND FAMILYWELFARE
LOK SABHA
UNSTARREDQUESTION NO. 3230
TO BE ANSWERED ON8THAUGUST, 2025
CASES OFADULTERATED CHOCOLATES
†3230.SHRIBHAUSAHEB RAJARAM WAKCHAURE:
Will the Ministerof HEALTHANDFAMILYWELFAREbe pleasedtostate:
(a) whether the Government has taken cognizance of production of adulterated food items in
the countryandif so, the details thereof;
(b) the number of such cases which have come to the notice of the Government during the
last five years, year-wise;
(c) whether rules relating to hygiene and quality control are being effectively enforced over
companiesproducingchocolates inthe countryandif so, the detailsthereof;
(d) the details of complaints received by the Union Government and State Government
relating to adulterated or contaminated chocolates during the last five years and the current
year, year-wiseandStates/UTs-wise;
(e) the action taken/proposed to be taken by the Government so far on such complaints along
with the punitive measures taken against the erringcompanies;
(f) whether the Government isconsidering tobring special laws or strict regulations toensure
hygiene infood productssuch aschocolate; and
(g) if so the detailsthereofand if not,the reasons therefor?
ANSWER
THE MINISTEROFSTATE IN THE MINISTRYOFHEALTH AND FAMILY
WELFARE
(SHRIPRATAPRAO JADHAV)
(a) to (g): Food Safety and Standards Authority of India (FSSAI) is mandated to lay 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. To ensure compliance with the set standards, limits, & other statutory
requirements under the FSS Act, 2006 and Food Safety and Standards Regulations (FSSR),FSSAI, through its four regional offices and State/UT food safety authorities, conducts regular
localized/targeted special enforcement and surveillance drives including National Annual
Surveillance Plan (NASP), inspections and sampling activities throughout the year. If any
deviations from the standards or violations to the FSSR are observed, the defaulting Food
Business Operators (FBOs) are subject to regulatory actions, including punitive measures, as
stipulated under the FSS Act 2006 and its associated rules. Details of the action taken against
the defaulting Food Business Operators for non-compliance in the last 5 years is provided in
Annexure-I.
Every Food Business Operator has to follow the Schedule 4 sanitary and hygienic
requirements and other requirements asprescribed under Food Safetyand Standards (Licensing
and Registration of Food Businesses) Regulation, 2011 based on the type and scale of the food
business. Non-compliance with these requirements result in regulatory actions as specified
underthe Regulation.
All consumer complaints received by DOs/FSOs are tackled in a swift and efficient
mannerandregulatoryaction istakenasperthe provisions laidunderFSSAct 2006.
In cases, where the food samples are found non-conforming, penal actions are initiated
against the defaulting Food Business Operators (FBOs) as per the provisions of FSS Act 2006,
Rules and Regulations made thereunder which includes punitive measure viz. Adjudication &
Prosecution which are judicial in nature, wherein penalty/punishment are imposed as per
chapterIX of the FSS Act, 2006.
FSSAI, continuously reviews and strengthens food safety regulations, including for
productslike chocolate, toensure hygiene andconsumer safety.
*******Annexure-I
Details of Enforcementforlast 5Years. (includingChocolate)
Year No. of Samples No.of Samples found No. of Cases launched
Analysed non-conforming
2024-25 1,70,535 34,388 31.407
2023-24 1,70,513 33,808 30,747
44,626
2022-23 1,77,511 29,652
32,934
2021-22 1,44,345 20,108
28,347
2020-21 1,07,829 15,323