TO ALL MANUFCATURERS WHO ARE USING FLOUR/PROCESSED FLOUR WITH IMPROVERS/BLEACHING AGENTS WHICH IS MANUFACTURED OUT OF WHEAT FOR WHICH VERTICAL STADARDS ARE GIVEN UNDER REGULATIONS 2.4.1 AND 2.14.2 OF FSS(Food Product and Additives) Regulation 2011.
Notice to FBO Gujarat
It has come to the notice that almost all Food business operators manufacturing biscuits and bread (bakery products) wherein they are using the terms 'wheat flour' or refined wheat flour' as an ingredient on the label. But it is found that they are using 'Maida'.
That 'Maida' is specified under Regulation no. 2.4.2(1) of the Food Safety and Standards ( Food product standards and Additives) Regulations,2011 and generally distinguished from whole wheat flour popularly known as "Atta" specified under clause numbered 2.4.1 of the same regulations. Applicable FSS Regulations of "Maida" nowhere states 'Maida' as a Wheat flour or synonym thereof.
That, Regulation no. 2.4.5 (1) of Food Safety and Standards (Packaging and Labeling) Regulations, 2011 clearly restricts such a type inclusion on label which is contradictory to required particulars and is based on reference to FSS Act or rules or regulations.
That clause numbered 2.2.2.2 (c) of Food Safety and Standards (Packaging and Labeling) Regulations, 2011emphasizes on use of specific name of ingredients in the list of ingredients. In this context specific name will be "Maida" and not the "Wheat Flour".
Under Regulation 2.4 of cereal and cereal product are categorized in two groups Atta and Maida. Further Atta is categorized in 3 vertical standards namely atta, fortified atta and protein rich (paushtik) atta and maida is categorized in 4 vertical standards namely, maida, fortified maida, protein rich (paushtik) maida and durum what maida. Therefore each article which is used as an ingredient should be labeled accordingly.
That, as per section 23 (1) of the Food Safety and Standards Act,2006, no person shall manufacture, distribute, sell or expose for sale, dispatch or deliver to any agent or broker for the purpose of sale any packaged food product which are not marked and labeled in the manner as may be specified by the regulations,
That, as per section 23 (2) of the Food Safety and Standards Act, 2006, every FBO shall ensure that the labeling and the information which is made available by them through whatever medium, does not mislead consumers.
That as per section 24(2) of the Food Safety and Standards Act,2006, No person shall adopt any unfair or deceptive practice including the practice of making any statement which is falsely represent that the foods are of a particular composition, this accounts for "Unfair trade practice.
The label of articles is violating Regulation no. 2.2.1.3 of Food Safety and Standards (Packaging and Labeling) Regulations, 2011. i.e. use of term Wheat flour instead of Maida is deceptive and is likely to create an erroneous impression in the consumers mind that article is made up of whole wheat flour.
It is also noted that FDA Maharashtra has already taken action for the same issue and number of adjudications have been filed in the state of Maharashtra before the Adjudicating Officer.
Therefore you are directed to comply with the same within 15 days of receipt of this notice. Failure to comply with this notice may result in suspension of the license granted to your firm as per provisions stated under Regulation no. 2.1.8 (1) of FSS (Licensing and Registration of Food Businesses) Regulations, 2011.
