FSSAI issues directions regarding use of blends of oils/emulsions/hydrogenated vegetable oils intended to be sold as intermediary ingredients

The Food Safety and Standards Authority of India (FSSAI) under Direction F. No. RCD- 13/2/2021-Regulatory-FSSAI (E.No. 2240) on September 05, 2022, has clarified that the blends of oils are used as intermediate product for manufacture of other food products by Food Business Operators and as customized emulsions, hydrogenated vegetable oils, and blends of oils are needed for specific technological applications in other products and are typically traded between businesses (B2B).

The directions are issued in continuation to the direction vide F. No. RCD-12005/1/2021-Regulatory-FSSAI Part 1) (E-1539) dated November 30, 2021. This has shed light on the previous directions issuing clarifications.

Under FSS (Food Products Standards and Food Additives) Regulations, 2011, Sub-regulation 2.2.1( 24) specifies the standards for Multi Source Edible Oil wherein it is stated that ‘Multi-Source Edible Oils means an admixture of any two edible vegetable oils where the proportion by weight of any edible vegetable oil used in the admixture shall not be less than 20 per cent. The individual oils in the blend shall conform to the respective standards prescribed by these regulations
And, Sub-regulation 2.1.1 of the FSS (Prohibition and Restriction on Sales) Regulations, 2011 states that “Notwithstanding the provision of 2.7 of Labelling and Packaging Regulations, no person shall either by himself or by any servant or agent sell (11) Any Multi Source Edible Vegetable il containing Mustard Oil manufactured on or after 8th June, 2021.

FSSAI clarified confusion vide notification dated November 30^th, 2021 related to certain sections and sub-section of certain Acts such as:

FSSAI clarified that the said restrictions are not applicable to a blend of edible oils intended to be used as an intermediate product (ingredient pre-mix) in the manufacture of other products by other food businesses in compliance with the following conditions:
Such a blend of multiple edible oils shall not be sold in retail market and a clarification by a food business operator to this effect (such as ‘Not for retail sale’/'”For use as a pre-mix in formulating a product’) should be suitably identifiable with the product.
Both the manufacturer and the user of such ingredient pre-mix shall maintain all records in respect of their inventory and produce the inventory records as and when sought by the Food Authority.

FSSAI has further clarified vide notification dated September 05^th, 2022 as follows :

These intermediate products shall be granted license under Category 99 (99.7 – Functional Ingredients) for B2B sale only.
The retail sale of these products is strictly prohibited. The manufacturer of such products shall ensure that these products do not enter markets for sale to consumers either by themselves or by the end-user FBO to whom they are supplying. The responsibility for misuse/diversion of these products for sale to consumers shall lie with the manufacturer.
The unit size of the products should not be less than 500 ml or 500 g and the products must have label declaration for non-retail containers specified under FSS (Labelling and Display) Regulations, 2022 with clear mention “Not for sale to consumer” or “Intermediate product for use in formulating another product” on the label
Records of inventory shall be maintained by seller and buyer of the blends of oils/emulsions/ hydrogenated vegetable oils and produce the inventory records as and when sought by the Food Authority or any other officer authorized by it.
An undertaking for compliance with the above-cited conditions must be submitted by the manufacturer to the respective Licensing Authority, before the issuance of the license.

These directions have come in light to curb adulteration of oils, help growth of mustard yielders and has definite health benefits for Consumers.

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