Probiotic foods market to be regulated

Probiotic foods, which are currently classified as general foods and are subject to little regulation, are soon likely to begin being governed by a set of stringent guidelines. The Indian Council of Medical Research (ICMR) and the Ministry of Science and Technology’s department of biotechnology have released their draft “Guidelines for Evaluation of Probiotics in Food in India”, proposing how probiotics should be governed by law. The ICMR has invited comments on the draft guidelines.

Probiotics are live, non-pathogenic micro-organisms that benefit the consumer’s digestive system by boosting the naturally existing gastrointestinal microflora. This prevents the colonization of the intestine by pathogens and so improves the immune system. Probiotics are available in the marketplace in the form of health foods and dietary supplements.

The Indian probiotic market is currently regulated by the laws that govern general food items. These laws include the Prevention of Food Adulteration (PFA) Act, 1952, and corresponding PFA rules of 1955; certain food product-specific orders under the Essential Commodities Act, 1955; and the Standards of Weights and Measures Act, 1976, and Standards of Weights and Measures Rules of 1977. The PFA rules specify minimum standards for the quality, content, labelling and packaging of food products.

The legislative and regulatory update is compiled by Nishith Desai Associates, a Mumbai-based law firm. The authors can be contacted at nishith@nishithdesai.com. Readers should not act on the basis of this information without seeking professional legal advice.