The FSSAI has drafted the Food Safety and Standards (Recovery and distribution of surplus food) Regulations, 2017 and has invited comments, views and suggestions stakeholders with 60 days from 20 June 2017.

Chapter I of these regulations defines the following terms

Surplus Foods means any leftover unused portions of safe food that have not been served to customers. 

Food Donor means any food business operator who donates surplus food.

Surplus Food Distribution Organization means the organization that collects surplus food and distributes directly to the needy people free of any cost and without any profit.

Responsibilities of distribution of surplus food

The FSSAI has also outlined the responsibilities of the FBO as well as the Surplus Food Distribution Organisation which would have to be in accordance with these regulations.

  • FSSAI has laid emphasis on how the food will be donated by the FBO to the Surplus Food Distribution Organisation within the shelf life of the food and served to the need before expiry of shelf life.
  • The Surplus Food Distribution Organisation must have a valid registration and the foods must be obtained only from FSSAI registered/licensed FBOs.
  • The distributor must have proper facilities for transport, storage and reheating and comply with this regulation
  • Any food that is not safe for human consumption shall not be donated

Surplus Food Distribution Organization will not be liable for damages resulting from injuries or death caused by the consumption of the food unless in distributing the food, the Surplus Food Distribution Organization or their personnel intended to injure or to cause the death of any person who consumed the food or acted with reckless disregard for the safety of others.

Labelling requirements

Labelling requirements of the donated foods will depend on whether the food is in the original package or in the form of a prepared meal

  1. Donated pre-packaged food must have the original label, including name of the item/food, manufacturer information, list of ingredients, and date of expiry.
  2. Donated prepared food shall be labelled with the
  • name of the food
  • source of the food,
  • date of preparation
  • last date of consumption
  • nature if the food i.e. vegetarian or non-vegetarian
  1. The information on the label shall not be masked in any manner. 

Record of food

The Food Donor FBO as well as the Surplus Food Distribution Organizations need to maintain a record of surplus food. This must include

  • Name and Address of the Food Donor Organization
  • Name and Address of Surplus Food Distribution Organization
  • Donation Date
  • Name of the Food product, Batch no. of Food Product, Date of Manufacturing, Best
  • Before date/expiry date, Quantity Donated by Food Donor, Temperature of food
  • Quantity Distributed by Surplus Food Distribution Organization
  • The area where food is distributed, Date of distribution, 

Formation of a Committee

A committee of surplus foods at the state level will be constituted by the Commissioner of Food safety of the State/ UTs which will consist of

  • two members from State enforcement
  • one representative from Department of Consumer Affair of respective state,
  • one member from NGO
  • one representative from Food Distribution Organization
  • one representative from industry association and other relevant stakeholders, if any

The work of the committee will be to monitor and make recommendations for improving operations of the surplus food distribution organization and food donors and implementations of these regulations. Committee may also conduct a training program in health and hygiene for the food handler of Food Distribution Organization

Food Authority may issue the guidelines on collection and retrieval of food, which is near expiry, for donation and provide guidance to FBOs for running this operation. Food Authority will also specify the time before the expiry, at which food shall be segregated.

Description of Schedule 1

Handling of surplus food by the food business operator

  • Surplus food handed over to the food distribution organisation must be separated into perishables and non-perishables
  • Segregated food shall be packed appropriately so as to avoid contamination during handling and storage
  • Perishable and non-perishable surplus food shall be stored in hygienic condition at optimum temperature to ensure food safety
  • Surplus food must not be kept near or with any waste material or products
  • Food Donor must give advance notice to the Food Distribution Organization so that distribution and consumption of food is done in a timely manner and within shelf life

Handling and distribution of surplus food by the Food Distribution Organization

  • Surplus food is to be picked up at the facility of the FBO and packed in clean covered containers which have pick-up and use by dates. It must be served to the needy before the expiry of surplus food or until food is fit for human consumption as the case may be
  • Surplus food is to be stored and transported in hygienic condition at optimum temperature suitable for perishable and non-perishable food separately. Insulated containers and ice packs may be used.
  • Transporting vehicle shall be cleaned on a regular basis and must not be used for any other purpose than for food delivery
  • Food that is not fit for human consumption must be put in a container clearly marked as “Food for Disposal”.

Hygiene and Sanitation

Surplus Food will be stored off the floor and away from walls and non-food items.

Storage area, including the floor, pallets and shelves shall be cleaned regularly. All refrigerators if used must be cleaned too and temperature maintained at below 7ºC. Doors, windows and roofs of storage must have pest control system in place and prevent entry of pests.

Hygiene of employees and volunteers

They must maintain personal hygiene, have trimmed nails, wear clean outer garments, wash hands as often as necessary especially after using washroom. Employees must not eat food or drink beverages or use tobacco if food is exposed or where utensils are being washed. Those distributing and handling surplus must not come in contact with the food if they are ill. Cuts, boils and wounds must be fully covered. All employees or volunteers must be trained in health and personal hygiene.