MILK & MILK PRODUCT LEGISLATION (ACT & RULES,ORDER ) IN INDIA
Compiled & shared by- DR. RAJESH KUMAR SINGH, JAMSHEDPUR
Source-FSSAI
• Milk regulations are made for
o To make the milk safe to drink
o To make sure that the milk is clean that is the milk free from dirt
o The milk must be fresh to be palatable
o The milk must be unadulterated
• Production of such milk depends on
o Prevention of contamination by the pathogenic organisms derived from the cow or from man
o Prevention of contamination by dust, dirt, manure or water
o Destruction of microorganisms or preventing the multiplication of organisms that gained access
Principles of Milk Legislation
• “No Regulation should be made which can not be enforced” If one law is not enforced, others may be evaded so restrict the issue of regulations to matters which can be enforced and other desirable aims are left for voluntary action.
• In countries where hygienic standards are not high it is better to restrict regulations to matters which are essential for safety. When they are adopted and practiced, next turn attention to other regulations which improve keeping quality or composition of milk (which may have little effect on safety).
• “No law can be enforced without the co-operation of most of the persons concerned”.
• Create the desire for improvement, keeping in mind that the greatest incentive to improvement is hope of reward.
• It is advisable to consult the parties interested; for their advice on practicable aspects; for their co-operation.
• It is also advisable to consult the authorities (if they different than those drafted) for their advice on administrative difficulties.
Systems of administration
• This differs from country to country depending on climatic conditions or local customs.
• Forms
o Centralized in Govt., usually in one of the Ministries
o Localized in Municipalities or local authorities
o Divided system in which production is delegated to Min. of Agriculture and distribution is delegated to local authorities
• A public health Department, a veterinarian and an agricultural department is made responsible depending on the country.
Methods of Application
• Definition of Milk : Milk means whether it is cow milk or buffalo milk or…and whether to exclude or include milk taken within a ceratin days before and after calving
• Registration of premises : Decide whether those parts of the regulation dealing with registration, inspection, hygiene shall apply to all premises where milk is produced for sale for human consumption however small they may be
• Composition : Fat, SNF may be prescribed. However milk made from reconstituted dried milk for Ex. Toned milk or reduced fat content in standardized milk may separately be brought under special regulations
• Freedom from diseases : Milk is defined as the product of healthy cows/buffaloes. But ailments of minor nature which donot affect quality of milk are ignored. Otherwise officers may take undue advantage
• Reducing the risk of infection : By applying suitable processing conditions of milk or heat treatment. Main aim is to prevent infections that are preventable. Ex. Tuberculosis, Brucellosis.
• Inspection : Enforcement of legislation by technical people or trained people but never with police or officials without proper training. Sampling is to be done (i) while milking is in progress (ii) when drains are working. Inform the results of sampling in order to remove or breakdown natural suspicion of sampling whether the results is good or bad.
• Veterinary control : Check the health of animals.
• Laboratory service: To examine the quality of milk to suggest improvement Ex. Sediment test for farmers to improve the milking; Bacteriological examination of the washing of equipment at plant.
• Chemist or bacteriologist should visit farm or plant to assess on spot trouble and to help rather than find fault.
• Financial Incentives : Pay less for milk which does not reach as agreed standard of freshness and composition.
• Enforcement : Best thing is to educate, persue and seek co-operation. If not there must be force of law behind it.
o A fine
o Revocation of license
o Prosecution for imprisonment
PREVENTION OF FOOD ADULTERATION ACT AND RULES
Prevention of Food Adulteration Act (1954) and Rules (1955)
• The PFA Act 1954 w.e.f. 1-6-1955 and the PFA Rules 1955 w.e.f 12-9-1955 come under Ministry of Health and Family Welfare, operated through Central Committee for Food Standards and have been amended several times.
• The PFA Rules (1955) are formulated to carry out smooth operation and implementation of the Act.
MAIN PROVISIONS OF THE PFA ACT AND RULES
• It is operative in whole of India.
• PFA, 1945 and Food Products Order (FPO), 1955 are supplementary and cumulative.
• The Essential Commodities Act may supersede the PFA Act.
• Definitions of adulteration in terms of purity, nutrition, wholesomeness, safety against contaminants, toxicants, bacterial toxins, preservatives, colourants, insecticides and pest infections, misbranded or mislabeled and anything else which may be injurious to health.
• Government of India under this Act has constituted Central Committee for Food Standards (CCFS) to advise the Union Government and the State Governments on matters related to administration of this Act and to perform other functions assigned to it.
• The members of the committee are Director General (Health), Director (Central Food Laboratory) and representatives from Central, State and Union Territories; Agriculture, Commerce and Industry interests, Consumer interests, Indian Council of Medical Research and Bureau of Indian Standards.
• One or more central food laboratories are established to carry out the functions entrusted under this act.
• Additional functions such as analysis of samples of food, investigation for the purpose of fixation of standards for any food article, collaboration studies with various laboratories for standardizing methods of analysis are also carried out.
• Four central food laboratories are located at Mysore, Pune, Ghaziabad and Kolkata for the specified areas.
• Procedure for the submission of samples for analysis. Getting of certificate of analysis and fees payable.
• Appointment of public analyst and duties of public analysts.
• Appointment of food inspectors and their competency, powers and duties.
• Provision for local health authorities to take samples.
• Prohibition of import of certain articles of food without a license.
• Powers to custom officers.
• Prohibition of manufacture, sale etc. of specified food articles.
MISCELLANEOUS PROVISIONS OF THE PFA ACT AND RULES
• Warranty from the manufacturers, distributors and dealers
• Vendor to disclose the source of food purchased
• Notification of food poisoning
• Penalties for different types of offenses, which vary from a sentence of imprisonment for a term not less than 3 months to 1 year and may be extended further or a fine which shall not be less than Rs.200 – 500/-
• Power to court to try cases summarily
• Offenses by the companies
• Forfeiture of property
• Defenses which may or may not be allowed in prosecutions under this Act
• Cognizance and trial of offenses
• Power of court to implead manufacturer etc
• Application of the probation of the offenders Act and the Code of Criminal Procedure
• Magistrates power to impose enhanced penalties
• Protection of action taken in good faith
• Power of Central Government to give direction
• Power of Central Government to make rules
• Power of State Government to make rules
• Repeal and savings
STANDARDS FOR VARIOUS MILK PRODUCTS AS PER PFA
Cream Milk fat 25.0% (minimum)
Dahi or Curd Dahi shall have the same minimum percentage of milk fat and milk solids not fat as the milk from which it is prepared.
Paneer / Channa Moisture 70.0% (maximum) Fat – 50.0% of the day matter (minimum)
Skim Milk paneer / Channa Moisture 70.0% (maximum) Fat – 13.0% of the dry matter (maximum)
Cheese (Hard) Moisture 43.0% (maximum) Fat – 42.0% of the dry matter (minimum) Stabiliser / emulsifier / NISIN – 0.1%
Processed Cheese Moisture 47.0% (maximum) Fat – 40.0% of the dry matter (minimum) or Sorbic Acid – 0.1 or Nisin – 0.1%.
Ice Cream Fat 10.0% (minimum) 8.0% (minimum) if containing fruits or nuts) Protein – 3.5% (minimum) T.S. – 36.0% (maximum).
Milk ices / Lollies Fat – 2.0% (maximum) Protein – 3.5%(min.) T.S. 20.0% (min.) Stabilizer / emulsifier – 0.5% (max.)
Condensed Milk Unsweetened Evaporate Milk Fat – 8.0% (min.)
Total Milk Solids – 26.0% (min.)
Condensed Milk Sweetened Fat – 9.0% (min.) Total Milk solids – 31.0% (min.) Cane sugar – 40.0% (min.)
Condensed Skimmed Milk Unsweetened (Evaporated Skimmed Milk) Total Milk solids – 20.0% (min.) Milk Fat – Not more than 0.5% by weight
Condensed Skimmed milk Sweetened Total milk solids – 26.0% (min.) Cane Sugar 40.0% (min.) Milk fat – Not more than 0.5% by weight
Whole Milk Powder Fat – 26.0%, Acidity – 1.2% (L.A.) Max., Solubility 98.5% (Spray) 85.0% (Roller) S. Index 2.0 (ml) Spray & 15.0 ml (Roller), moisture – 5.0% (max.) BHA – 0.01% (max.) BHA – 0.01% Coliform 90/g. S.P.C. 50.000 (g) Sod Citrate 0.3.
Skimmed Milk Powder Max./S.P.C-50,000/g. E.coli. = 90/g. Milk Fat – 1.5% (max.), Moisture – 5.0% (max.) Acidity – 1.5% (max.) Sod. Citrate – 0.3% S.P.C. – 50,000/g, Coliform – 90/g.
AGRICULTURAL PRODUCE (GRADING AND MARKETING) ACT (1937)
• “AGMARK” is an abbreviated form of “Agricultural Marking” which provides quality standards for grading, packing and marking of agricultural and animal husbandry products through the Agricultural Produce (Grading and Marking) Act, 1937, as amended in 1986.
• The Directorate of Marketing and Inspection under the Department of Rural Development in the Ministry of Agriculture is vested with the responsibility to enforce and implement the Act.
• The latest amendment made in 1986 provides penalty and redressal for unauthorized marking, counterfeiting and selling misgraded articles.
• At present three dairy products viz. ghee, butter and fat spread are graded under this scheme.
• The Directorate of Marketing & Inspection which is an attached office of the Department of Rural Development. Ministry of Agriculture, Government of India is performing several functions in the field of agricultural marketing. One of its important functions is in the field of standardization, grading and quality control of agricultural and allied commodities.
• For this purpose, it is implementing the Agricultural Produce (Grading & Marking) Act, 1937 for the past 50 years.
• The Act empowers the Central Government to frame grade standards with relevant definitions of quality and notify them in the Gazette of India in respect of such of those agricultural and allied commodities which are included in the schedule to the said Act.
• In so far as the grading and quality control of these commodities are concerned, the Directorate is implementing two types of schemes – one is on voluntary basis with regard to certain essential commodities like Ghee, Vegetable Oils, Butter, Ground Spices, Honey, Wheat Atta, Besan etc. for consumers within the country and the second is on compulsory basis with regard to certain specified commodities like Basmati Rice, Onion, Potato, Tobacco, Black pepper, Cardamom, Turmeric, Walnuts, Chilies etc. for export abroad.
• In order to streamline the procedures for grading and quality control both on voluntary and compulsory basis and with a view to providing for necessary consumer protection measures, the APGM Act. 1937 was amended in 1986 and new General Grading and Marking Rules, 1988 were notified in June 1989 repealing the 1937 rules.
• The DMI, through this advertisement, seeks to focus on the main features of the amended Act and the new rules for information and guidance of the concerned, namely producers, traders, Exporters, consumers and consumer organizations which are given below.
Consumer protection measures
• The rules provide for redressal of the grievances and complaints of the consumers of Agmark products.
• If the Agmark product purchased is found defective and if the complaint is found genuine on investigation, the purchaser will be supplied free of cost replacement of the product or reimbursement of the cost.
• For this purpose, the complainant must give full details of the product purchased, the name of the shop, particulars of Agmark label number, place of packaging, trade brand name etc.
• The complainant has the option to get the sample analyzed in any other laboratory recognized by the Directorate.
• He has also the option to ask for the analysis of the Sample by the Central Agmark laboratory if he is not satisfied with the result of the investigation of the Directorate.
• The Directorate has opened Complaint Cells In its Head Office, Branch Head Office and five regional offices to receive and deal with the complaints and grievances filed by the consumers or consumer organizations or others.
Authorized packers
• Detailed procedure and stringent conditions are provided for issue of certificate of authorization (C.A.) to parties intending to take up Agmark grading, the renewa1, the cancellation and the issue of duplicate C.A.
Laboratory for analysis
• Detailed procedures are included regarding the conditions governing the approval of laboratories to undertake analysis and testing for quality assessment of the Agmark products.
Chemist working in the laboratory
• Clear-cut procedures are laid for imparting training and according approval of chemist who will be authorized to work in the laboratories, undertaking the analysis and testing for quality assessment of Agmark commodities.
Agmark replica
• Necessary provisions are streamlined with regard to the use of Agmark replica by the authorized packers.
Power to obtain information
• Necessary provisions are included making it obligatory on the part of packers to provide information regarding the grading activities to the DMI.
Supply of unagmarked goods
• The amended Act provides for higher degree of penalty in the case of traders indulging in unauthorized marking with grade designation mark, counterfeiting grade designation mark, selling misgraded articles and selling a scheduled commodity covered under compulsory grading without affixing Agmark.
• The penalty is imprisonment up to 6 months and fines not exceeding Rs. 5000/ except in the case of counterfeiting grade designation mark where the imprisonment is up to 3 years.
• These new provisions have been made to discourage the supply of sub-standard, misgraded and counterfeiting of quality goods and thereby to protect the interests of the consumers.
• Only three dairy products, viz. ghee, butter and butter-spread are included under AGMARK standards
MILK AND MILK PRODUCTS ORDER
Milk and Milk Products Order (MMPO)
• The MMPO 1992 is regulatory order of the Government of India, under Essential Commodities Act, 1955 for control of production, supply and distribution of milk and milk products to maintain or increase supply of liquid milk tro public.
• Various provisions of the order are compulsory registration, definition of milk sheets, restriction on uneven procurement and marketing of milk, strict rates of production, hygienic conditions, packing, labeling and marketing, penalty etc help in protection and growth of the organized dairy industry.
THE STANDARDS OF WEIGHTS AND MEASURES ACT AND RULES
The Standards of Weights and Measures (SWM) Act (1976) and SWM (Packaged Commodities ) Rules (1977)
• Ministry of Law, Justice and Company Affairs governs these Acts / Rules which describe provision for labeling declaration and quantity to be packed.
• Under the Act / Rule it is necessary to declare on each package the name and address of the manufacturer, the net quantity, month / year of manufacture, sale price etc.
• Every manufacturer should be registered with the Director, Legal Metrology, Ministry of Civil Supplies, Consumer Affairs and Public Distribution, New Delhi.
EXPORT ACT
Export (Quality Control & Inspection) Act (1963)
• This Act works under the Department of Commerce, Government of India, to promote and regulate the export system.
• The Export Inspection Council is responsible for the operation of this Act.
•
POLLUTION CONTROL BOARD
• Pollution control Boards are under the purview of Ministry of Environment and Forests, Government of India.
• It is necessary to obtain a no objection certificate from the respective state Pollution Control Board for every Dairy plant discharging waste in to specified stream.
CONSUMER PROTECTION ACT
Consumer Protection Act (1986)
• It provides protection against unfair trade practices of manufacturers and traders through the rights of consumers.
• This Act applies to all goods and services and provides six rights of consumers viz., right to safety, right to be informed, right to choose, right to be heard, right to seek redressal and right to consumer education.
AGRICULTURAL PRODUCTS ACT
Agricultural Produce (Grading and Marking) Act (1937)
• AGMARK is an abbreviated form of Agricultural Marketing which provides quality standards for Grading, Packing and marking of agricultural and animal husbandry products through the Agricultural Products Act 1937 (as amended in 1986).
• The Directorate of Marketing and Inspection under the Department of Rural Development in the Ministry of Agriculture is vested with power to enforce and implement the act.
• At present three dairy products viz., ghee, butter and fat spread are graded under this scheme.
BUREAU OF INDIAN STANDARDS
Bureau of Indian Standards (BIS 1986)
• The BIS was (formerly known as ISI) established under provision of Indian Standards Act, 1987 and took over the functions, assets and liabilities erstwhile ISI functioning from 1947. It is the statutory body under Ministry of Civil Supplies, Consumers Affairs and Public Distribution, Government of India.
• The main functions of BIS are standard formulations, operation of certification mark scheme, recognition of laboratory, publications, national/international co-operation and co-ordination and other promotional and extension activities to familiarize the standards.
• The BIS has revised and formulated new standards for some dairy products viz., code of pasteurization (IS:6397-1992), pasteurized milk (IS:13688-1992), pasteurized butter (IS: 13690-1992), butter oil/butter fat (IS: 13689-1992), skimmed milk powder – standard (IS: 134-1992). More emphasis is laid on microbial requirements in recent revision and formulation.
• Recently, the bureau has launched a quality management system certification scheme to develop the industry and to protect the environment ECOMARK scheme for environment friendly products.
