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SOP on action against malpractices in disposal of Used Cooking Oil
Friday, 11 February, 2022, 08 : 00 AM [IST]
Ashwani Maindola, New Delhi
The Food Safety and Standards Authority of India (FSSAI) has issued a Standard Operating Procedure (SOP) on regulatory action against malpractices in disposal of Used Cooking Oil (UCO). The food authority may use penal provisions under the Indian Penal Code (IPC) and relevant sections of FSS Act, against the culprits.  

According to FSSAI’s directions in case any malpractice was observed against the enrolled biodiesel plants, manufacturers of soap, lubricants etc. and/or their aggregator, collection agencies, then a suitable regulatory action must be taken against them by FSSAI regulatory officials.

The FSSAI has stated that it was essential to ensure that the Used Cooking Oil is used for the intended product and not redirected to the food supply chain.

“The officials may refer to the SOP on regulatory action against malpractices in disposal of Used Cooking Oil for taking suitable action against the non-compliant FSSAI enrolled biodiesel plants, manufacturers of soap, lubricant, etc. their aggregators and FBOs,” reads the FSSAI’s statement.

The SOP gives account of relevant provisions of Act, Regulations and Orders on Used Cooking Oil and the line of regulator action to be taken by the regulatory authorities. The SOP has details of sections under Indian Penal Code (IPC), and penal provisions under the FSS Act.

The FSSAI has issued directions to the food businesses to maintain records of Used Cooking Oil if the consumption is 50 litre or more and they can dispose of the Used Cooking Oil only to FSSAI enrolled aggregators of non-food production.

The FSSAI has stated that it was the responsibility of the regulatory authority to ensure that Used Cooking Oil is removed from the food supply chain and is not utilised for adulteration of fresh oil or fat or reused for food preparation.

“In case of Used Cooking Oil is used for adulteration of fresh edible oil then penal action can be initiated under the FSSA against the person or organisations involved in collection/sale/ use of Used Cooking Oil for adulteration,” reads the FSSAI statement.

Under IPC, the Section 272 and 273 for adulteration of food or drink intended for sale and for article which has been rendered or has become noxious or is in a state unfit for food or drink, prescribes imprisonment upto six months and fine as well.

Under Section 55 of FSSA, a fine of two lakh rupees has been fixed for such food businesses who fail to comply with the requirements of the FSS Act or rules, or regulations. Further, under Section 57 of the FSS Act, the fine may be Rs 10 lakh,  if the adulterant is injurious to health. And Section 59 prescribes a term imprisonment of six months with fine of one lakh rupees for unsafe food.
 
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