The FSSAI has written to all licencing authorities, including Commissioners and Regional Directors, requesting that they keep a close eye out for any instances of particular food establishments marketing “human milk” under other product categories, such as dairy milk products and baby food.
All designated officers falling under the authority of the authorities were requested to strongly adhere to the FSS Act’s regulatory requirements and refrain from granting licences to such food establishments that use human milk. The FSS Act forbids use of human milk.
No licence or registration for the processing or sale of mothers’ milk or products derived from mothers’ milk or human milk shall be provided to any food business operator, according to a directive from the FSSAI sent to the Commissioners (FBO).
The food authority reported that it had received a number of complaints about the production and sale of mothers’ milk and/or goods derived from it under an FSSAI licence.
Furthermore, it was claimed that these FBOs received FSSAI licences without identifying the specifics of these human milk-based goods, either under the standardised food products category, which includes milk and milk products, or as an “infant milk substitute” or “infant food.”
India’s law requirement that “donor human milk can’t be utilised for commercial purpose” makes it illegal to consume human milk. The officers were tasked with ensuring that FBOs uphold the requirements and regulations set out by the FSSAI licence.
The FSS (Food for Infant Nutrition) Regulations, 2020, which excludes mothers’ milk and any products made from it, state that foods for newborns must adhere to certain requirements. The FSS Act, 2006, Rules and Regulations thereunder also prohibit the processing and sale of human milk, according to the order issued by the FSSAI’s compliance division.