Introduction
The Food Safety and Standards Authority of India (“FSSAI”) with an objective to regulate the Food Business Operators (“FBOs”) of vegan food introduced the Food Safety and Standards, (Vegan Foods) Regulations, 2022[1] (“the Regulations”). The Regulations which came into effect on June 10, 2022, govern all those working in the vegan food industry, including those who manufacture, sell, pack, offer for sale, promote, distribute, or import vegan foods.
In September 2021, the regulator had released a the draft of the regulations for comments from the members of the public and industry. The regulations specify what constitutes vegan food, what kind of packaging will be required for it and the compliance requirements for Food Business Operators.
The regulatory authority FSSAI has set specific standards for the selling of vegan food in light of the rise of veganism and vegan eateries in India. Under the new Regulations, no one is permitted to produce, package, sell, offer for sale, promote, or otherwise distribute or import any product as vegan food unless they meet the standard requirements.
Definition of Vegan Foods
The term “vegan” in common parlance does not include products like milk and milk products, fish, poultry, meat, eggs, honey, bee products, materials made from insects like silk and colours, chitin and chitosan, etc., or substances that are refined using animal products. Vegan food includes items made from plants, such as bread, rice, soy milk, almond milk, nuts, seeds, and legumes.
Section 2(a) of the Regulation defines “vegan food” as “the food or food ingredient, including additives, flavourings, enzymes and carriers, or processing aids that are not products of animal origin and in which, at no stage of production and processing, ingredients, including additives, flavourings, enzymes and carriers, or processing aids that are of animal origin has been used.”
Key Requirements
The Regulations state that the food products must not have undergone animal testing for any reason, including safety evaluation, unless specified by a regulatory authority in order to be labelled vegan.[2] Without adhering to the specifications outlined in these laws, no person shall manufacture, pack, sell, offer for sale, promote or otherwise distribute or import any product as vegan food.
The regulations also mandate that all packaging materials used for vegan foods adhere to the packaging regulations' requirements.[3] Vegan food should be stored and displayed in a way that makes it distinct from non-vegan food, whether the vendor is selling vegan food alone or including it in retail items. Once vegan foods have been approved, all packaging must display the FSSAI-specified mark.[4]
Furthermore, the Food Business Operator shall be responsible for ensuring that all production, processing, and distribution stages are planned to take the necessary precautions in accordance with Good Manufacturing Practices in order to prevent the unintended presence of non-vegan substances[5]. In order to ensure the vegan integrity of the meals, food ingredients, or food products thereof, the FBO is supposed to comply with any other requirements stipulated by the food authority. Moreover, the new rules and regulations state that traceability will be established up to the manufacturer level.
A food business operator must submit an application to the relevant licencing authority in the format required by the Food Authority, along with all required information and documentation. The regulations further state that Without a certificate provided by recognised authorities of the exporting nations in a format as defined by the accepting authority, no vegan food item may be imported into the country.[6]
An FBO is required to obtain a license from the concerned licensing authority. The Food Authority will establish rules for the vegan logo's acceptance. No food shall be imported without a certificate issued by the authority recognised by the exporting country in the format accepted by that authority.
Conclusion
The Vegan Foods Regulations are extremely important in today’s day and age. As more and more people in India switch to vegan foods, the market for vegan foods is slowly but steadily expanding. Given the rising popularity of a healthy lifestyle among consumers, even eateries and restaurants are now offering vegan cuisines. This Regulation is a positive act on part of the government to control the import, production and sale of vegan foods in India. The job of the FSSAI is to protect the consumer and keep them informed about the choices they make. The new regulations put onus on the producers to adhere to a certain set of rules. This is a step towards protecting the consumers from fake products.
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