WHAT YOU NEED TO KNOW ABOUT PROPRIETARY FOOD?

What are proprietary foods?

Proprietary foods are those that are not regulated and may contain both primary ingredients and generic additives. Energy drinks and custard powder, for example, both contain starch, dextrose, flavour, and colour. These foods can be produced out of milk or milk products, carbohydrates with or without a milk base, meat, fish, or eggs, vegetables, fruits, or nuts, and occasionally fatty substances.

What are FSSAI’s regulations regarding proprietary food?

Food Safety and Regulations (Food Product Standards and Food Additives) Health Supplements, Nutraceuticals, Food for Special Dietary Use, Food for Special Medical Purpose, Functional Food) Regulations and Food Safety and Standard Food, and Proprietary Food) Regulations do not apply to proprietary foods. According to this law, any food product made with ingredients that are either standardised or allowed to be used in standardised goods does not need to be approved separately. However, the safety regulations set forth in the FSSR must be followed. The regulations are as follows:

1. Proprietary foods, foods for unique dietary applications, foods for special medical purposes, functional foods, nutraceuticals, health supplements, and other food articles that the Central Government may notify in this regard are not considered proprietary foods. Any change in quality parameters of a standardised food, as defined in the Food Safety and Standards Regulations promulgated under the Food Safety and Standards Act, 2006, does not classify the resulting product as a proprietary food.

2. Except for the components that the Authority may specify from time to time, proprietary food shall contain only those ingredients other than additives that are either standardized or approved under these Regulations, for use in the manufacture of other standardized foods. As long as a proprietary food contains vitamins and minerals in amounts that do not exceed one RDA for each micronutrient.

3. Proprietary foods must only use the additives and at the levels stated for the Category or Subcategory to which the product belongs in Appendix A of these Regulations. This Category or Sub-category, as well as the generic name, type, and composition of the proprietary food, must be clearly stated on the label. \

4. Proprietary food must meet the microbiological standards outlined in Appendix B of these Regulations. If no microbiological standards are specified in Appendix B of these regulations for any foods or food categories, proprietary foods that fall under those food categories must not contain any pathogenic microorganism at a level that could make the food product dangerous.

5. All other Regulations enacted under the Food Safety and Standards Act 2006, where relevant, must also be followed by proprietary food. No health claims for proprietary foods may be made on the product label or elsewhere unless they are backed up by proper and scientific data.

6. The Food Business Operator is solely responsible for the proprietary food's safety when it comes to human consumption."