In the Food Safety and Standards (Food Product Standards and Food Additives) Regulations 2011, a new section has been included under the category “beverages (other than dairy and fruits and vegetables based) (2.10)” specifically for caffeinated beverages, which introduces standards for Non-Carbonated Water-Based Beverages (Non-alcoholic).
According to the regulations issued by the Food Safety and Standards Authority of India (FSSAI) on July 26, 2021, all Food Business Operators (FBOs) were mandated to align with these updated regulations by February 1, 2022.
Key Highlights of the Regulations:
- Alcohol Content: As defined by the Food Safety and Standards Authority of India (FSSAI, Sub-regulations 2.10.6(3) Food Products Standards and Food Additives), non-alcoholic beverages, or “non-carbonated water-based beverages” having alcohol should contain less than or equal to 0.5 % alcohol by volume, or less by volume. They should meet all the standards of their alcoholic counterparts except for the ethyl alcohol content.
- Water Standards: Beverages containing water should conform to the standards prescribed for packaged drinking water (Sub-regulation 2.10.7) or mineral water (sub-regulation 2.10.7) under these regulations without added carbon dioxide and shall contain ingredients as specified in sub-clause (i) singly or in combination’.
- Ingredients permitted to be added are Sugar, liquid, glucose, dextrose monohydrate, invert sugar, fructose, honey, salt and salt substitutes, fruits, or flowers or vegetables and their products including extractives, herbs, spices, and their derivates and permitted flavourings. Caffeine not exceeding 145 parts per million from whatever sources it may be derived from[1].
- Herbs: Added herbs, must comply with safety requirements as specified in the FSSA, 2006 and shall also be declared on the label.
- Food Additives: must comply with the standards, specific food additives permitted in Appendix A[2].
- Labeling Compliance: Products are required to meet the packaging and labeling standards set forth in the Food Safety and Standards (Packaging and Labelling) Regulations of 2011.
- High Caffeine: “X mg/serving size” (where X is the amount of caffeine in milligrams per pack/serve.
- b) Prominent display of caution “Not recommended for children, pregnant or lactating women, persons sensitive to caffeine.]
- Additional Safety Requirements Noted by FSSAI:
- For herbs not listed in the Food Safety and Standards (Health Supplements, Nutraceuticals, Food for Special Dietary Use, Food for Special Medical Purpose, Functional Food and Novel Food) Regulations of 2016, toxicological analysis data must be submitted for FSSAI approval before inclusion in beverages.
- Beverages are prohibited from containing psychotropic substances as categorized by the Narcotic Drugs and Psychotropic Substances Act of 1985 or listed under Schedules E and E1 of the Drugs and Cosmetics Rules of 1945.
Microbiological Standards:
The regulations have introduced a new table (Table 7 in the regulations) outlining the microbiological Requirements for Non-Carbonated Water Based beverages. These regulations aim to ensure the safety and quality of non-carbonated water-based beverages, protecting consumer health and providing clear guidelines for manufacturers.
FSSAI Microbiological Requirement for non-alcoholic beverages:
| Sl. No | Parameter | Limits |
| 1. | Total plate count per ml | Not more than 50 CFU per ml. |
| 2. | Yeast and mould count per ml | Not more than 2 CFU per ml |
| 3. | Coliform count | Absent in 100 ml. |
Regulatory Review Announcement
On January 12, 2023, authorities issued a directive for a thorough examination of all licenses granted under the “Non-Carbonated Water Based Beverage” category. Licensees found not adhering to the standards are required to report to the FSSAI Headquarters by January 31, 2023.
Compliance Actions for Manufacturers
Food Business Operators (FBOs) not meeting the compliance criteria will be notified to either reformulate their products to meet the regulatory requirements or to cease production of any non-compliant items immediately.
Criteria for Examination
The review process will ensure that:
- The water used in non-carbonated water-based beverages meets the standards for packaged drinking water or mineral water[3].
- The beverages contain the ingredients mandated by the regulation, whether used singly or in combination.
- The term “water” is not used inappropriately in product names, labels, advertising, or any representation.
Standards Adherence
- It is critical that all such beverages comply with the established limits for vitamins and minerals as outlined for packaged drinking water or mineral water.
Stay Informed
For the latest updates on food regulation, and for expert guidance on navigating these requirements, please reach out to the Regulatory Experts at Guires FRL.
