·The Hindu·15 marks·250–350 words

Discuss the challenges of enforcing food safety standards in India's federal structure.

In this answer
  1. Divided responsibility, uneven capacity
  2. Testing infrastructure is the binding constraint
  3. Information and personnel deficits
  4. The unorganised market

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

  1. 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
  2. 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
  3. 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

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