The Food Safety and Standards Authority of India (FSSAI) has clarified the legal definition of “tea,” stating that only beverages made from the Camellia sinensis plant can be marketed as such. This announcement addresses the rising trend of food business operators labeling products like “Rooibos Tea” and “Herbal Tea,” which do not originate from the tea plant. The FSSAI emphasized that mislabeling these products violates food safety regulations and urged all food businesses to comply.
Clarification on Tea Definition
In a recent press release, the FSSAI outlined specific criteria for a beverage to be classified as tea. According to the authority, only products derived from the Camellia sinensis plant, including varieties such as Kangra tea, green tea, and instant tea, can legally bear the name “tea.” The regulator pointed out that using the term for herbal or plant-based infusions not derived from this specific plant is misleading and violates food labeling laws. This clarification aims to protect consumers from potential confusion regarding the nature of the products they purchase.
Concerns Over Misleading Labels
The FSSAI’s announcement follows observations that many food business operators have been marketing products under the misleading label of “tea.” Examples include “Rooibos Tea,” “Herbal Tea,” and “Flower Tea,” which do not originate from the Camellia sinensis plant. The authority stressed that such practices mislead consumers and violate the Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011. The FSSAI has made it clear that food packaging must accurately reflect the true nature of the product, and any deviation from this standard will be considered misbranding.
Regulatory Compliance and Enforcement
To ensure adherence to these regulations, the FSSAI has directed all food business operators, including those involved in e-commerce, to stop using the term “tea” for products that do not meet the defined criteria. This directive covers all aspects of the food supply chain, including manufacturing, packaging, marketing, importing, and selling. The FSSAI has also reached out to state and Union Territory food safety commissioners and regional directors to rigorously enforce these rules. Non-compliance could lead to legal action under the Food Safety and Standards Act, 2006, and associated regulations.
Implications for Food Business Operators
The FSSAI’s clarification has significant implications for food business operators across India. Those marketing herbal or plant-based infusions as tea must reassess their labeling practices to avoid potential penalties. The authority has indicated that products not derived from Camellia sinensis may need to be categorized differently, possibly as proprietary foods or under the Food Safety and Standards (Approval for Non-Specified Food and Food Ingredients) Regulations, 2017. This move aims to enhance consumer protection and ensure that food products are accurately represented in the marketplace.
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