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An extract from The Food, Beverage and Cosmetics Law Review, 1st Edition

Some of the notable developments in the food and beverage industry's legal and regulatory framework are as follows:

The newly introduced Labelling and Display Regulations prescribe several new labelling requirements, as discussed below:

The FBOs are mandated to comply with the above requirements by 1 January 2022.

The AB Regulation was amended in December 2020, and recognised alcohol-free beer (above 0.0), craft beer, Indian brandy, sherry under fortified wines and wine-based beverages as beverages, among others, under the regulation. The amendment also mandated to mention the fruit's name in the packaging labels of wines produced from fruits other than grapes, such as plum wine, apricot wine and pear wine.

The PRS Regulation was amended in March 2021, and mandated the sale of multi-source edible vegetable oil in sealed packages weighing within 15 kilograms in tamper-proof containers, and bearing the name 'multi-source edible vegetable oil', and the AGMARK certification mark on the labels. Further, the FSSAI has limited the use of trans-fatty acids from 3 per cent to 2 per cent by mass, in respect of foods containing edible oil and fats, and the FBOs are mandated to comply with this requirement by 1 January 2022.

The most notable development was the introduction of the Cosmetics Rules in December 2020, as they divided the provisions related to cosmetics from the erstwhile Drugs and Cosmetics Rules 1945 (the DC Rules). Although most of the provisions are similar to those of the DC Rules, the Cosmetics Rules prescribe new forms and reduced official fees in respect of applications for fresh registrations, registration certificates, validity of registration, renewals (every five years), importation, grant or retention of registration certificate per cosmetic category, etc.

The Cosmetics Rules also introduced a new category of cosmetics called 'new cosmetic', which includes cosmetics containing novel ingredients that have not been used and recognised for use anywhere in the world. For the importing and manufacturing of new cosmetics in India, the Cosmetics Rules mandate that manufacturers obtain prior approval of the central licensing authority (CLA), and submit a self-declaration confirming compliance with good manufacturing practices and other requirements before the Commissioner of Customs. In the case of more than one cosmetic manufacturing location, the Cosmetics Rules mandate that manufacturers obtain separate licences for each premises.

The Cosmetics Rules prohibit the importation and manufacturing of cosmetics that do not fulfil the prescribed quality and safety standards. The Cosmetics Rules also mandate immediate recall of cosmetic products, if the manufacturer considers that the product is likely to pose a risk to the user's health, and may be unsafe. In that case, the manufacturer must inform the reasons for recall to the state licensing authority or the CLA, as required.

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