Discuss the challenges of enforcing food safety standards in India's federal structure.
In this answer
The Food Safety and Standards Act, 2006 created a single-point system with FSSAI, established in 2008 under the Ministry of Health and Family Welfare, setting science-based standards [1]. Yet standards are framed centrally while enforcement rests with states, and this split is where compliance leaks.
Divided responsibility, uneven capacity
- FSSAI, a statutory body under Section 4, notifies standards and regulations; State food safety officers and Commissioners do the sampling, licensing and prosecution [1].
- A new central rule therefore adds work to state offices without adding state resources — the draft FSS (Amendment) Regulations, 2026 restricting "paneer made of constituents not derived from milk" under Regulation 2.1.1 of the 2011 Sales Regulations will be enforced entirely by state machinery [2].
Testing infrastructure is the binding constraint
- The CAG audit on implementation of the FSS Act (2017) found most state food laboratories lacked NABL accreditation and equipment to test microbes, pesticides and heavy metals [1].
- Detecting non-milk fat in analogue paneer is a laboratory question, not a visual one; an unaccredited lab's report is easily contested on appeal.
Information and personnel deficits
- The audit found no FSSAI database of food businesses, and licences issued on incomplete documents in over 50% of cases examined — risk-based sampling becomes guesswork [1].
- Recruitment regulations remained unframed a decade after the Act, causing acute staff shortage across states [1].
The unorganised market
- Much food, including analogue paneer, is sold loose or as a cooked dish, where a printed label never reaches the buyer, limiting labelling-based regulation.
Effective food safety is thus less a problem of weak standards than of asymmetry between central rule-making and state implementation capacity. The way forward lies in cooperative federalism: accrediting state laboratories and notifying recruitment rules before new restrictions take effect, building the food-business database the CAG sought, and aligning naming rules with Codex CXS 206-1999, which reserves dairy terms for dairy while permitting honestly named substitutes [3]. Credible enforcement, not more prohibition, secures the consumer's right to know.
Sources
- 1PRS Legislative Research — Implementation of Food Safety and Standards Act, 2006 (CAG audit summary, 2017)and [Food Safety and Standards Act, 2006 (No. 34 of 2006)](https://prsindia.org/files/bills_acts/acts_parliament/2006/the-food-safety-and-standards-act-2006.pdf) — FSSAI's establishment under Section 4, state enforcement machinery, laboratory accreditation and equipment gaps, absent food-business database, licensing on incomplete documents, unframed recruitment regulations
- 2The Hindu — "FSSAI pitches restrictions on analogue 'paneer' sales" (25 September 2026)draft FSS Amendment Regulations, 2026; new clause under Regulation 2.1.1 of the 2011 Sales Regulations on paneer not derived from milk
- 3Codex Alimentarius (FAO/WHO) — General Standard for the Use of Dairy Terms, CXS 206-1999dairy terms reserved for milk products; substitutes permitted but must be named for their true nature