Open Access Research Article
REGULATION OF ADVANCED DIGITAL FOOD SERVICE TECHNOLOGIES IN INDIA
Published Paper
Article Details
REGULATION OF ADVANCED DIGITAL FOOD
SERVICE TECHNOLOGIES IN INDIA
AUTHORED BY
- VIPASHA CHIRMULAY
& DR LS
CHIRMULAY
Abstract:
·
Purpose: Artificial
Intelligence is transforming the culinary tourism industry. Guest experience
uses unique or innovative approaches through the automation of food services,
food waste reduction and sustainability practices. A survey of the available
literature points to the need to analyse the laws in India regulating
technologies in food service. The research note aims to present the upcoming
technologies in the industry and the need for corresponding regulation.
·
Methods: Secondary
sources pertaining to food technologies and regulatory issues in the Indian
jurisdiction, provided the data for the note.
·
Results: The note finds that
although the emerging technologies are nascent in India, future practices would
require a strong regulatory framework with regard to automation and AI
learning, data collection and use, and food printing.
·
Implications: The note
shows that there is a requirement for the regulatory authorities to formulate
policy or guidelines which will be of use in industry practice. Legal implications and future research lines are
suggested.
Keywords: food robotics, food printing,
ecommerce, Artificial Intelligence, regulation
1. INTRODUCTION
Digital technology has permeated
almost all areas of human life, including the food sector, and is being
implemented with the aim to optimize food security, food production, food
design, food service, nutrition and wellness. Major technologies include
Artificial intelligence (‘AI’), Internet of Things (‘IoT’), augmented and
virtual reality, and blockchain technology. The United Nations System Standing
Committee on Nutrition has acknowledged the importance of digital technologies
in assisting the design and delivery of food and nutrition measures.
Food technology is an ecosystem of
technologies that improve food production, distribution and supply, and affects
the way food is sold, produced and distributed. The global food technology
market was worth USD 220.32 billion in 2019 and is estimated to reach USD
342.52 billion by 2027. The Asia Pacific region (including India,
China, Japan, Malaysia, Singapore) is expected to show rapid increase in
adopting food printing technology given its desire to explore a variety of
chocolates, fast food and contemporary cuisine. In India, the food processing
market was estimated to be valued at INR 25,455 billion in 2022, and is
expected to reach INR 45,345 billion by 2028.
Digital food technology involves the
use of science-based technologies and tools for assisting the food system.
These are being harnessed at all stages in the food cycle such as agricultural
production, food science research, food services, and waste management. In the
food business sector, kitchen automation and smart appliances are being used in
the process of food preparation, IoT technology and blockchain technology are
useful in tracking and supply chain management, while apps are commonly being
used in consumer services. The use of such technology is beneficial because it
improves operational efficiency, enhances customer experience, and increases
transparency. The note attempts to provide an overview of the regulatory scope
over advanced forms in digital food service technologies in India.
2. REVIEW OF LITERATURE
Digitalization in the food sector is
beneficial because it provides solutions to address challenges in the food
supply network and helps to control the quality and safety of food production.
It can effectively complement alternative strategies to guarantee
sustainability and quality, and assist in developing new ingredients and
structures (Valoppi, Agustin et al, 2021). Digital tools such as apps for
nutrition are being used to optimize ingredients and recipes for customers.
They are sources of data to be used to classify consumers' needs and
preferences regarding diet, food products, and their characteristics of
calories, composition and nutrition (Marra, 2022). In relation to food safety,
technologies such as Internet of Things, blockchain, sensors, AI can help in
food production processes by using data on sourcing of food products, real-time
information, production management, and can help establish a sustainable food
system (Halim-Lim, Bahrauddin et al, 2023). Technologies in the food
manufacturing industry which enable automated data collection, ensure efficient
operator guidance and improve production performance are big data analytics and
Internet of Things, Hologram virtual reality for product design and big data
analytics (Demartini, Pinna et al, 2018).
3. RESEARCH METHODOLOGY
The research comprised an
interdisciplinary approach towards understanding the interrelation between the
fields of food service industry and legal regulation. By referring to secondary
sources available in the form of books, articles, reports in the area of food
services technology, and analysing the corresponding legal provisions, the
authors sought to draw conclusions regarding the scope of regulation for the
same.
4. PRESENTATION OF FINDINGS
FOOD ROBOTICS AND ECOMMERCE
In India, although the food and
beverage industry has potential for growth, the adoption of food robotics
requires a workforce specializing in software or mechanical disciplines.
In the United States, restaurants and
eateries are diverting customer calls to voice bots or automated
voice-activated technology. These make it easier for companies to store and
analyze customer data. If the AI model applied in banks to determine creditworthiness
of a customer is applied in the restaurant business, then information about a
customer could be used for discriminatory purposes, such as offering some
customers better service than others or by refusing reservations based on data
from their past visits.
In the ecommerce food service sector,
food aggregator platform softwares provide recommendations for customer
preferences. AI software can also help restaurateur businesses to better
understand their customers and anticipate their needs, by researching a
customer’s social media feeds, dietary restrictions and preferences.
AI AND INTELLECTUAL PROPERTY
PROTECTION
A chef can monetise a signature or
proprietary recipe by transcribing it onto an AI software programme which can
be accessed by other chefs who can recreate it without the presence of the
creator. AI or ChatGPT cannot be stopped from using accessible information to
create that recipe because recipes, menus cannot be copyrighted. The Supreme
Court of India had recognised that there is no copyright protection for ideas,
schemes, or methods, but their expression may get copyright protection.[i] This
means that the written text of the recipe would have copyright as a literary
work, but the dish itself or the instructions, method of preparation will not
be protected.
PACKAGING AND WASTE
Food waste reduction helps in
improving sustainability of food supply chains, in which food upcycling can
play an important part. 3D food printing is an emerging technology that can be
utilized to upcycle food wastes from different sources. This uses certain waste
types to generate customized designs familiar in taste and form for easier
acceptability. It involves digital gastronomy which can be produced through
creation of aesthetic designs. Food waste upcycling in the food industry can
support the concept of zero waste, and hence it shows economic potential.[1] In India,
food printing is developing at a nascent stage. The Food Safety and Standards
Authority of India (‘FSSAI’) is yet to issue guidelines or standards with
respect to food printing.
5. ANALYSIS AND CONCLUSIONS
IMPLICATIONS AND RECOMMENDATIONS
The question of liability for
inaccuracy in recording customer orders, or for breaches in use and storage of
customer data, arising in AI based models relates to the consumer protection and
data protection laws. In the absence of a specified law covering AI usage, it
is recommended that technical insights regarding the current state of AI and
robotics service solutions should be obtained in order to structure appropriate
regulation.
Since a food recipe is an idea, it
cannot be copyrighted, unless it is a part of a copyrighted book of recipes. In
the United States, copyright law does not protect merely utilitarian ideas or
formulas, but the creative features that are ‘separable (either physically or
conceptually)’ from the food’s ‘utilitarian features’ (i.e. its taste and
nutritional value). A widely cited example is that of Caitlin Freeman’s
Mondrian cake, which is copyrightable since it has unique ‘artistic features’
that appear to be separate from its taste.
With regard to the upcycling of food,
it is recommended that, the FSSAI draft guidelines with regard to sustainable
reuse of food through food printing, based on the experience in other
jurisdictions.
LIMITATIONS AND FUTURE RESEARCH
The research note has studied the
nascent food technologies which are being adopted in India from the legal
perspective. Other forms of technologies being developed for use in food production,
or food packaging can be analysed from the legal perspective.
BIBLIOGRAPHY
Alejos. H (2023), ‘AI cannot taste
the way a chef can’: are chatbots a threat to fine dining? https://www.theguardian.com/environment/2023/aug/16/ai-fine-dining-chefs-restaurants Accessed
11th of September 2023, at 02:30
Amanda Hetler (2022), The future of
the food industry: Food tech explained. Https://www.techtarget.com/whatis/feature/The-future-of-the-food-industry-Food-tech-explained
Accessed 9th of September 2023, at 12:45
Deighton. K (2022), Restaurants Send
More Customer Calls to Voice Bots Amid Staffing Shortages. https://www.wsj.com/articles/restaurants-send-more-customer-calls-to-voice-bots-amid-staffing-shortages-11661335202
Accessed 11th of September 2023, at
12:30
Demartini, Pinna et al (2018), Food
industry digitalization: from challenges and trends to opportunities and
solutions, IFAC Papers-OnLine 51(11),
https://doi.org/10.1016/j.ifacol.2018.08.337
Francesco Marra (2022), Food Products
and Digital Tools: The Unexpected Interconnections, 9 Frontiers in Nutrition 9, https://doi.org/10.3389/fnut.2022.847038
Global Market Estimates (2023), 3D Food Printing Market. https://www.globalmarketestimates.com/market-report/3d-food-printing-market-3674 Accessed 9th of September 2023,
at 11:20
Halim-Lim, Bahrauddin et al (2023), Digital
innovations in the post-pandemic era towards safer and sustainable food
operations: A mini-review, Frontiers in
Food Science and Technology 2, https://doi.org/10.3389/frfst.2022.1057652
IMARC, India Food Processing Market:
Industry Trends, Share, Size, Growth, Opportunity and Forecast 2023-2028, https://www.imarcgroup.com/indian-food-processing-market Accessed 10th of September 2023,
at 12:00
Joshi, Bhindiya (2022), Protecting
recipes: Gaps in Indian laws. https://theleaflet.in/protecting-recipes-gaps-in-indian-laws/ Accessed
13th of September 2023, at 12:45
Tijhuis. E (2016), Copyright,
Trademark, Patent: How to Protect a Recipe. https://www.finedininglovers.com/article/copyright-trademark-patent-how-protect-recipe Accessed
10th of September 2023, at 02.40
United Nations System Standing
Committee on Nutrition (2020). Nutrition
in a Digital World. https://www.unscn.org/uploads/web/news/UNSCN-NutInsight on Current Advances in Food Science
and Technology for Feeding the World Populationrition-45-WEB.pdf Accessed 8th of September 2023,
at 13:30
Valoppi, Agustin et al (2021), Insight
on Current Advances in Food Science and Technology for Feeding the World Population,
Frontiers in Sustainable Food Systems
5, https://doi.org/10.3389/fsufs.2021.626227
Wong, Pant, Zhang et al (2022), 3D food printing– sustainability
through food waste upcycling, Materials
Today 70, https://doi.org/10.1016/j.matpr.2022.08.565
Yoha, Moses (2023), 3D Printing
Approach to Valorization of Agri-Food Processing Waste Streams Foods 12(1) https://doi.org/10.3390/foods12010212
[1] Yoha, Moses, 3D
Printing Approach to Valorization of Agri-Food Processing Waste Streams
12(1) Foods (2023), https://doi.org/10.3390/foods12010212 last seen
12/9/23
Article Information
REGULATION OF ADVANCED DIGITAL FOOD SERVICE TECHNOLOGIES IN INDIA
Authors: VIPASHA CHIRMULAY, DR LS CHIRMULAY
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/01
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.