The following draft of certain regulations further to amend the Food Safety and Standards

## Report on the Food Safety and Standards Alcoholic Beverages Amendment Regulations, 2021 **1. Executive Summary:** This report analyzes the Food Safety and Standards Alcoholic Beverages Amendment Regulations, 2021, as published in the Gazette of India on November 24, 2021. The amendment introduces definitions and regulations for "Nonalcoholic counterpart of alcoholic beverage" and "Flavoured Beer." The core purpose of these changes appears to be clarifying the standards for these specific beverage types within the existing regulatory framework for alcoholic beverages. The key findings indicate an expansion of the existing regulations to encompass emerging product categories and maintain product standards. **2. Introduction:** This report aims to provide an informative overview of the Food Safety and Standards Alcoholic Beverages Amendment Regulations, 2021, based solely on the provided official gazette notification. The analysis will focus on the changes introduced by this amendment, their likely rationale, and potential impact on the affected industry. **3. Policy Overview:** * **Original Policy:** This amendment modifies the Food Safety and Standards Alcoholic Beverages Regulations, 2018. * **Core Objectives (Inferred):** The objectives of this specific amendment, inferred from the text, are to: * Define and regulate non-alcoholic counterparts of alcoholic beverages. * Define and regulate flavored beer. * Maintain clarity and consistency in the regulation of alcoholic beverages by referencing existing food safety and standards for flavorings. **4. Background and Rationale:** The rationale for this amendment likely stems from the emergence and increasing popularity of non-alcoholic beverages that mimic alcoholic drinks and flavored beer products. The amendment appears designed to address the need for clear regulatory standards for these products to ensure consumer safety and prevent mislabeling or misrepresentation. By specifically defining "Nonalcoholic counterpart of alcoholic beverage" and "Flavoured Beer," the amendment clarifies the application of existing regulations to these evolving product categories. **5. Key Provisions / Changes:** This amendment introduces the following specific changes to the Food Safety and Standards Alcoholic Beverages Regulations, 2018: * **Change 1: Introduction of Sub-regulation 1.2.17 (Nonalcoholic counterpart of alcoholic beverage):** * **Original Policy Part Being Changed:** Part 1, after subregulation 1.2.16. * **New Rule/Provision:** "Nonalcoholic counterpart of alcoholic beverage means nonalcoholic beverage having alcohol content less than or equal to 0.5 abv. It shall meet all the requirements of respective alcoholic beverage of origin except the ethyl alcohol content. Additionally, the alcoholic beverage of the origin must undergo the process of fermentation and the produced alcohol is removed thereafter." * **Effect of Change:** This introduces a specific definition and standard for non-alcoholic versions of alcoholic drinks, requiring them to have less than or equal to 0.5% ABV, adhere to the standards of the original alcoholic beverage (excluding alcohol content), and originate from a fermentation process with subsequent alcohol removal. This is likely to help standardize the market and prevent products not derived from alcoholic beverages from being labelled as non-alcoholic versions. * **Change 2: Introduction of Sub-regulation 4.22 (Flavoured Beer):** * **Original Policy Part Being Changed:** Part 4, after subregulation 4.21. * **New Rule/Provision:** "Flavoured Beer: Beer containing flavours as per the provisions prescribed under the Food Safety and Standards Food Products Standards and Food Additives Regulations, 2011. Such Beer shall meet all the other requirements of the Beer, as specified under these regulations." * **Effect of Change:** This defines "Flavoured Beer" and mandates that it adheres to both the general flavoring regulations outlined in the Food Products Standards and Food Additives Regulations, 2011, and the specific requirements for beer outlined in the alcoholic beverages regulations. This links the regulation of flavored beer with broader food safety standards while maintaining beer-specific regulations. **6. Target Audience and Stakeholders:** Based on the text, the primary target audience and stakeholders include: * **Manufacturers and producers of alcoholic beverages, specifically beer, and non-alcoholic versions of alcoholic beverages.** This amendment directly affects their production processes and labeling requirements. * **Consumers of alcoholic and non-alcoholic beverages.** The amendment aims to provide clarity and assurance regarding the safety and standards of these products. * **The Food Safety and Standards Authority of India (FSSAI).** The FSSAI is responsible for enforcing these regulations. **7. Implementation Aspects (Inferred):** * **Responsible Agency:** The Food Safety and Standards Authority of India (FSSAI) is responsible for implementing and enforcing these regulations. * **Timelines:** The regulations come into force on the date of their publication in the Official Gazette (November 24, 2021). * **Procedures:** The text provides a notice that objections and suggestions regarding the draft regulations were to be submitted within sixty days of the gazette publication. This implies an ongoing process of review and potential further refinement of the regulations based on stakeholder feedback, although nothing further is explicitly stated in the provided document. Manufacturers of these products will need to conform to the new standards immediately. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of these specific changes are: * **Clarity and Standardization:** To establish clear standards for non-alcoholic counterparts of alcoholic beverages and flavored beer, promoting consistency across the industry. * **Consumer Protection:** To ensure that consumers are accurately informed about the composition and nature of these beverages. * **Market Regulation:** To prevent unfair competition and misleading practices in the alcoholic and non-alcoholic beverage market. * **Alignment with Existing Standards:** Ensuring that flavorings used in beer adhere to established food safety standards. **9. Conclusion:** The Food Safety and Standards Alcoholic Beverages Amendment Regulations, 2021, represent a targeted update to existing regulations, specifically addressing the emerging categories of non-alcoholic counterparts of alcoholic beverages and flavored beer. By providing clear definitions and standards, this amendment aims to enhance clarity, protect consumers, and ensure fair competition within the industry. The implementation of these changes requires manufacturers to comply with the new standards, and further refinements may occur based on ongoing review and stakeholder feedback.

Key Entities Referenced