Key Update 

The Food Safety and Standards Authority of India (FSSAI) has directed all food businesses to stop using the term “tea” for herbal or plant-based infusions that are not made from the Camellia sinensis plant. The authority said only beverages derived from Camellia sinensis—such as Kangra tea, green tea and instant tea—can legally carry the label “Tea” under existing food safety standards.

FSSAI acted after observing that several Food Business Operators (FBOs) were marketing products like “herbal tea,” “rooibos tea,” “flower tea,” “rose tea” and tulsi tea, even though these drinks do not originate from Camellia sinensis.

What the Rules Say

Under the Food Safety and Standards (Food Product Standards and Food Additives) Regulations, 2011, tea must come exclusively from Camellia sinensis. FSSAI also referred to the Food Safety and Standards (Labelling and Display) Regulations, 2020, which require that food packages clearly declare the true nature of the contents on the front of the pack. Using the word “tea” for products that do not meet this definition misleads consumers and amounts to misbranding under the Food Safety and Standards Act, 2006.

FSSAI noted that plant-based or herbal infusions made from other herbs, flowers, roots or seeds do not qualify as tea and may instead be categorised as proprietary foods or under the Food Safety and Standards (Approval for Non-Specified Food and Food Ingredients) Regulations, 2017, depending on their composition.

Compliance and Enforcement

FSSAI has directed all food businesses—including manufacturers, packers, marketers, importers, sellers and e-commerce platforms—to comply with these labelling norms and remove the term “tea” from products not derived from Camellia sinensis.  The authority has also requested that Food Safety Commissioners across all states and Union Territories, along with Regional Directors, monitor compliance through Food Safety Officers and Designated Officers. If businesses fail to comply, FSSAI has warned it will take action under the Food Safety and Standards Act, 2006 and associated regulations.

Source: Hindu Business Line