Jul 6, 2012

8th CAC MEETING OF FSSAI ON 17.7.2012














ADVISORY ON ISSUE OF LICENSING OF MILK & MILK PRODUCTS


FSSAI STATUTORY ADVISORY


Understanding food safety

Food safety in India is regulated by the Food Safety and Standards Act, 2006.  The Ministry of Health & Family Welfare, Government of India is the administrative ministry for the implementation of this Actthroughthe Food Safety and Standards Authority of India (FSSAI).


Vendors sell vegetables at a wholesale market in Kolkata. Farmers are injecting a hormone sometimes given to women during childbirth into vegetables and fruits to make the produce ripen sooner and gain weight.

Do we need to fear our food? After reading about hormonal additives in milk, antibiotics in meats, irradiated food and other similar reports on food contamination - unfortunately the answer to that question is yes. Recent studies tell us that even going back to basics - fresh fruits and vegetables, is not without some risks. In this article we discuss the contamination of fruits and vegetables due to the use of chemicals as pesticides, ripening and storage agents.
Though there are still many unknowns about how the wide variety of chemicals we encounter in our daily lives may affect our health, research has shown that children and expectant mothers remain the most vulnerable to their impact. Due to the greater intake of food relative to bodyweight in children, bioaccumulation effects can prove to be especially harmful. Neurotoxins and other chemicals that originate from pesticides pose the biggest threat to the developing human brain and nervous system. This makes it critical for parents to be aware of the dangers of toxins in food and understandhow to maintain food safety.
"The use of pesticides does not begin and end at the farm," explains Rajiv Betne, SeniorProgramme Coordinator, Toxics Link, an environmental organization working on issues of chemical safety and waste."Chemicals are applied to grains, fruits and vegetables at every step in the process that brings them from the farmer's fields to our tables, most commonly for maintaining them during transportation and storage and for ripening."  
Though maximum residual levels of pesticides have been stipulated under Act, the haphazard use of chemicals and the large scale of the agriculture sector have made it difficult to monitor and regulate the permitted levels.  "More recently, studies are being conducted to find out the combined effects of various chemicals in our food. Even if each one is within its tolerance limit, do we know whatthe effect of the cocktail of those chemicals is in our bodies?" questions Rajeev.
Is eating organic produce the answer? It would be - in an ideal world, where everyone is exactly what they claim to be.  Instead of treating it as the latest fad, we would do well to understand what exactly organic farming means and why it could be a healthy alternative to commercial agricultural produce.   Organic farmingrelies on natural farming methods and ecological processes, without genetically modified seeds, or chemicals used as fertilisers, pesticides, additives or preservatives. 
Ashmeet Kapoor, Founder and CEO, I Say Organic explains, "Organic farming practices focus on seasonal and local produce. The farms are all close by and not too much time is spent in transit that would require chemicals to maintain the yield."
With organic farms mushrooming in all corners of the country, questions can be raised about their credibility.  "There is a strict monitoring process of organic farms by agencies such as Control Union and Vedic Organic Certification.  In fact processes such as testing of soil, produce and other parameters arecarried out by the certifying agencies for at least 3 years before validating the farm," says Ashmeet.
Organic or not, you can follow some simple tips to reduce your and your family's exposure to chemicals in fresh produce.
1. Choose your vendor carefully.  A large store may have a supply chain that relies on long term storage to extend shelf life as opposed to a small vendor who can only afford to buy local produce. 
2. Buy seasonal and local.  If you are buying mangoes in December, you can be sure that they have been in storage and have been maintained using chemicals.  Buying from local farmers' markets gets you the freshest produce possible. It also makes your food "greener" by reducing the wasted fuel, pollution, and greenhouse gases created by long-distance transit.
3. If it is too good to look at, it is probably not true. Hormonal additives such as oxytocin are sometimes injected to give fruits and vegetables a larger and brighter appearance.  "Sometimes people get put off organic produce because it is not very bright and shiny, irregularly shaped and some vegetables could even be spotty.  But they need to understand that these irregularities only indicate that it is entirely natural", explains Ashmeet.
4. Wash all fresh produce properly and peel all that can be peeled. You may not be able to get rid of all chemicals but it is still the best safeguard. 
5. Some fruits and vegetables tend to retain a higher level of pesticide residue, such as peaches, apples, bell peppers, strawberries, pears spinach, lettuce and potatoes.  You can reduce your exposure to pesticides by buying organic for the high-pesticide items.  Others such as pineapple, mango, asparagus, bananas, cabbage, broccoli and papaya showed comparably lower pesticide residue.
"Whatever safeguards we follow while buying fruits and vegetables, the fact is that the change must take place at the source - the farms," emphasises Rajiv Betne. "Demand safe food - there has to be increased pressure on regulatory authorities to ensure strict monitoring and safety standards at par with international guidelines."

No antibiotics to be used in honey

India has decided that antibiotics should not be used at any stage of honey production, thereby conforming with the norms of European Union.
The recommendation of the Food Safety and Standards of India (FSSAI) will soon be notified by the Union health ministry which will make mandatory for the producers that honey samples conform to these regulatory measures before they can be declared safe for the consumption.
The government had been working on these standards since last year after it was found that lots, even those sold by top brands, had traces of antibiotics and pesticides in them. The antibiotics are being used by the bee-keeping industry to control diseases in honey bees and to increase the production.
The new standards have been approved by the scientific committee of the experts. Specifying that “should not be any residue of antibiotics in honey”, the FSSAI will also list down antibiotics that should be absent from honey before it is made available for the consumers.
The standards for honey prescribed under Prevention of Food Adulteration rules only specify the maximum limits of heavy metal. So far there are no standards for antibiotics in honey in India. In last few years, there have been reports of antibiotic contamination in honey exported from India and also in honey available in the domestic market. Earlier, the food and feed control authorities of the member states of the EU had also found Indian honey contaminated with prohibited antibiotics like nitrofuran and chloramphenicol, tetracycline and streptomycin.
Experts say even the samples picked up by FSSAI found antibiotic residue in honey. During their recent meeting by the food regulatory board, the joint secretary from the agriculture ministry informed that National Bee Board will make farmers aware about safety and best practices in bee-keeping. FSSAI chairperson K. Chandramouli informed that once the standards are prescribed, the same would be communicated to the agriculture ministry.
Those manufacturers which are found not conforming to the standards and thereby making their product “unsafe” are likely to face imprisonment and severe punishment that may include closing down of manufacturing unit.

Kochi Corporation’s move challenged

The Kochi Corporation could find itself on shaky ground should the Hotels and Restaurants Association decide to challenge the raids it has been conducting on several food outlets in the city.
Legally speaking it is not authorised to prosecute hotels and restaurants under the new Food Safety and Standards Act-2006, says the food safety commissionerate .
“Local bodies have no authority to prosecute hotels under the Act,” says Food Safety Commissioner, Biju Prabhakas, who is, however unsure whether panchayats, which are the licensing authorities for such establishments, can act against them under the Panchayathi Raj Act.
But an officer with the Food Safety Commissionerate contends the provisions related to food safety in the Panchayati Raj Act have lost relevance with the enforcement of the Food Safety and Standards Act on August 5, 2011.
“Eight laws relating to food safety including the essential commodities Act stand repealed. This applies to relevant provisions in the areas of food safety and hygience in laws like the Panchayati Raj Act too. Local bodies are no longer the licensing authorities in the case of hotels and so cannot take action like cancelling them,” he says.
“The corporation issued two licences in the past for establishments like hotels, which included one for food. Under the new Act it cannot seize food,” says former additional advocate general, Ranjith Thamban.

UN food standards body agrees on melamine level in baby milk formula

The UN food standards body has agreed on new regulations - including the maximum level of melamine in liquid milk formula for babies - to protect the health of consumers across the world. Other measures adopted include new food safety standards on seafood, melons, dried figs and food labelling.

The Codex Alimentarius Commission, jointly run by the UN Food and Agriculture Organisation (FAO) and the World Health Organisation (WHO), sets international food safety and quality standards to promote safer and more nutritious food for consumers worldwide. Codex standards serve in many cases as a basis for national legislation and provide the food safety benchmarks for international food trade.

Melamine
Melamine can be lethal at high concentrations and has been used illegally to increase apparent protein content in food products including infant formula and milk powder. Milk tainted with melamine has caused death and illness in infants. Two years ago, the Codex Commission adopted a maximum melamine level of 1mg/kg for powdered infant formula and of 2.5mg/kg for other foods and animal feed. The commission has now set a maximum limit of 0.15mg/kg for melamine in liquid infant milk.

Melamine is used to make dishware and kitchenware, among other industrial applications. The new limit will help governments protect consumers by determining if detected levels of melamine result from unavoidable melamine contamination that does not cause health problems or from deliberate adulteration.

Dried figs and aflatoxins
Aflatoxins, a group of mycotoxins produced by molds, are toxic and are known to be carcinogenic. They can be found in a variety of products such as dried fruits, nuts, spices and cereals at high levels if the produce is not stored properly. The commission now agreed a safe maximum limit of 10mg/kg for dried figs, together with details on how test sampling should be conducted.

Melons
An emerging public health issue relates to the increased popularity of pre-cut melon slices. Exposed pulp of the fruit can become a breeding ground for bacteria. This has been linked to life-threatening salmonella and listeria outbreaks.

The commission recommended that pre-cut melons should be wrapped or packaged and refrigerated as soon as possible and distributed at temperatures of four degrees Centigrade or less. Cooling and cold-storing was recommended as soon as possible after harvest, while knife blades used for cutting or peeling should be disinfected on a regular basis.

Seafood and viruses
Food hygiene in seafood, particularly for molluscs, such as mussels and oysters, have become a major food safety concern. The commission adopted a set of preventive hygiene measures aimed to control food-borne viruses. Viruses are generally more resistant than bacteria and those transmitted by the faecal-oral route can persist for months in bivalve molluscs, soil, water and sediments. They can survive freezing, refrigeration, UV radiation and disinfection but are sensitive to heat.

Common food-borne viral diseases are caused by hepatitis A virus and norovirus. The commission noted that the main hazard for the production of molluscs, such as oysters and mussels, was the biological contamination of the waters in which they grow.

It is therefore important to ensure the seawater quality of growing areas, the commission noted. When there is a likelihood or evidence of viral contamination, closure of the area, destruction of contaminated molluscs and/or heat treatment before consumption of already harvested molluscs is recommended.

Mandatory nutrition labelling
Codex recommended that food manufacturers across the world label nutritional content on their products to ensure that consumers are better informed; the recommendation is in line with the WHO's strategy on diet, physical activity and health and is a major step forward in promoting healthy eating worldwide.

The 49-year-old Codex Alimentarius Commission, meeting from July 2-7, 2012, is attended by 600 delegates representing 184 countries plus the European Union.

Emphasis on food safety, hygiene in dairy at Ecolab's Anand conference

Ecolab, in association with Vidya Dairy, organised conference on importance of food safety and hygiene in the dairy industry on June 30, 2012 in Anand, Gujarat. The conference had personalities from the industry and Ecolab to share their views on the topic. Rahul Srivastava, managing director, Amul Dairy inaugurated the conference.

The conference was held to create a platform for the industry members and key stakeholders wherein there is a mutual interaction between the industry leaders and subject experts to overcome the pressure of demand and supply and with the Food Safety and Standards Authority of India (FSSAI) coming into play, the need for high production efficiency, quality and quick turnaround time becomes the key for dairy processing plants to succeed and achieve their production targets.

Among all these pressures and demands few challenges such as high turnaround time, extended CIP hours or frequency, microbial growth control, product waste, rising energy and water costs, pose major obstruction to operational efficiencies and lead the industry to improved and technologically advanced Hygiene solutions, improved operational efficiencies and cost savings.

In the welcome presentation, Ron Pringle, general manager and vice-president, Ecolab India, said, "This conference will create an open platform where dairy industry members can come together and share their views on food safety and hygiene in the dairy industry. We have an exciting day ahead and speakers with good amount of experience in this field."

While giving presentation on 'Food safety and hygiene in dairy industry', Rahul Srivastava said, "Food safety and hygiene is the heart of the dairy industry. Indian dairy is unique in the world. Currently, India produces roughly 121 million metric tonnes of dairy products. There are about 90 million farmers in the dairy business, and 30 million cattle. About 28-29 per cent of milk is processed in India; 50 per cent of it is processed by the co-operative organisations, and the rest by private players."

He also said, "In general, dairy plants in India are not very advanced. There is need for improvement in farm production and we also need to take care of hygiene and safety while milking cattle with machines. There is need of proper sanitation for farmers in dairy business. Hygiene of tankers carrying milk is also big concern. Design of dairy plants as per food safety and hygiene is a challenge. We need to set benchmark world class systems for dairy plants. Quality of layout, fitting, instruments used for machines is very important. Involvement of people in dairy business is very important, people should be trained properly for hygiene. We have to be world-class in hygiene."

Sham Chaudhary, former general manager (quality), Gujarat Cooperative Milk Marketing Federation (GCMMF), spoke about hygiene and food safety concerns in a dairy plant and good manufacturing practices (GMP) in the dairy industry. He also commented on the hygienic conditions of urinals and toilets in the dairy plants, saying that the urinals and toilets are most neglected areas in offices, factories, public places, etc. in India.

"Functioning urinals and toilets should be free from leakages and there should not be rusted plumbing. They should have working high-capacity exhaust fans with covering nets, which should be free from dust and dirt to remove the odour. And there should be a proper dustbin and toilet cabins should not be locked," he said.

He also mentioned that no priority is assigned to sanitation and hygiene. "The work area should be well-lit and ventilated. There should be training for workers in basics of hygiene and sanitation, there should also be departmental meetings to review process and to harvest ideas from the staff to improve the departments service, functional problems should be streamlined after discussion and there should be job rotation amongst employees. Time has come to give priority to microbiological quality and shelf life of milk. In the next two years or so our pasteurised milk should be drinkable right out of the pouch. Good manufacturing practices (GMP), notably housekeeping and hygiene, need urgent updates. Urinals and toilets require special attention in respect of water, soap and plumbing fixtures."

B P Rao, general manager, GEA India, spoke on the significance of cleaning solutions from an equipment perspective. He described the water consumption pattern for a typical milk plant, stating that about 27 per cent of the steam is used in processing, and 73 per cent steam is used in cleaning.

He also said, "Good manufacturing depends on various points like - (a) conventional (viz. man, machine and material); and (b) the need of the day, which includes hygiene efficiency, environment, cleanability, etc."

He also spoke about the changing trends, like capacities are increasing and reaching global size, process technologies are changing, and demand for the equipment is increasing. The right cleaning regime with innovative chemicals can lead to energy conservation, water conservation, better cleanable longer process uptimes, lower capital costs, better environment. There are four cleaning parameters, namely detergent, cleaning time, fluid mechanics, and temperature.

Cleaning detergent demands rapid and complete solubility in water and high soil carrying capacity, and should be easy to flush off with water. Cleaning time demands dissolution of soil, swelling of soil, dispersion, and final rinsing. Fluid mechanic demands requirements of effective disinfection. CIP cleaning devices (spray balls, rotating jet cleaners, and orbit cleaner). Tank cleaning comprises the cleaning of tanks with all elements installed in them, such as measuring instruments, safety equipments, agitators, etc. Storage tanks for detergent concentrates must be type-tested.

Peter Gatchell, technical specialist, dairy, Ecolab New Zealand, spoke about the company's best practices in the dairy industry, and the operational efficiencies and CIP in dairy industry. He commented on the prevalent trends in the dairy industry, and highlighted the need for increased productivity; higher milk volume; longer run time, and reduced CIP cycle time.

He also spoke on sustainability drivers like improved water productions, reduced energy consumption, reduced waste water volumes, and improved waste water quality. Efficient operational higher profitability, CIP golden rules - if the hydrostatics aren't right, nothing else matters. Direct benefits from the use of speciality cleaners - specific attack for specific soils, lower NAOH and HNO3 concentration in CIP solutions, shorter cleaning time equals increased production time. Poor personal hygiene is one of the leading causes of reported food-borne illnesses. There should be training for personal hygiene systems.

Albert Lee, application manager, Ecolab Asia, spoke on improving productivity and operational efficiency with sustainable cleaning and sanitation programs.

A sustainable future

Being sustainable is inevitable, but it is important to minimise energy, water and detergent, and strive to improve productivity. Lee also mentioned reducing the use of energy water and chemicals. Reduce use of energy, water, chemicals.

He also mentioned about burnt on soil on heated surfaces cause problems. In process of long cleaning, results are still not perfect, consequences are loss in productivity, higher costs of production (labour, utilities, chemicals and equipments), and reduced profitability. Cleaning solutions for hard to remove soils. Soil cleaned with increased mechanical energy to reduce energy, reduce caustic.

He also spoke about low temperature cleaning programs for cold milk areas. There is a two-product program for the process, comprising a base cleaner and an activator. Both products charged together into CIP system. Low-temperature acid cleaners product benefits - low temperature program, less energy, and less heating and cooking. Sustainable programs are essential for the profitability of the enterprise.

Sustainable programs saves production time, energy utilities and cleaning chemicals. Difficult to clean soils require high amounts of chemicals, temperature, and time to remove. If cleaning is not successful, change the formulation and or the production process change the cleaning program. Using a specialised additive reduces cleaning time, saves energy, water and chemicals. Low-temperature program (43-50 degrees) to save energy can be successful used to clean low-temperature processing surfaces.

Anil Kumawat, business manager, Ecolab India, made a presentation on making difference with specialty hygiene solutions. He also spoke about being different for better tomorrow. There are various concerns for India: high temperatures are not available, there are water-scarce areas, high-hardness water, and energy issues, and little or no control over process. In easy rinse solutions - three steps of CIP, terminal disinfectants. In high energy consumption, there is effective cleaning and better heat transfer, and in lower energy consumption, there is low temperature cleaning and lower energy consumption. There is little or no control over process.

Vivek Nair, industry technical consultant, NALCO (an Ecolab company), spoke about the water-related challenges in the dairy industry, in which he mentioned about product quality, operational efficiency and sustainability. He also spoke about key water challenges in diary like water scarcity, water quality, discharge restriction, water foot print reduction and water management best practice. He also gave na overview of dairy processing blocks, addressing water challenges in a dairy.

Factory raided for fennel seeds adulteration

AHMEDABAD: If you are one of those who like to munch on fennel seeds (variali in Gujarati) after a hearty meal, then here is some bitter truth. The Food and Drugs Control Authority (FDCA) officials raided a factory packing fennel seeds in Siddhpur and found that the manufacturer was using chemicals to enhance the colour of the seeds.

FDCA officials found that the factory owner Sanjay Patel was buying third grade fennel seeds from the market, which were to be discarded and then used synthetic dye to colour it green and give it a fresh look. "We seized more than 10,440 kilograms of the spurious fennel seeds packets from the firm which was called Satpal factory in Siddhpur town," said FDCA commissioner H G Koshia.
Koshia said that the raid was conducted after a tip-off was received on FDCA's helpline number 1800-233-5500. "The dye used in the fennel seeds was dangerous, we doubt whether it was edible. Under the new Food Safety and Standards Act, such a crime will invite six years of rigorous imprisonment and fine up to Rs 5 lakh," he said.

Controversial Bt brinjal cleared for entry as first GM food

After undergoing trials for the past nine years, a brinjal engineered through biotechnology to kill plant-eating insects -- the focus of a sharp and bitter debate on the safety of genetically modified plants -- has leapt closer to Indian dinner tables
The Indian government’s apex safety review panel for genetically engineered products, which functions under the forests and environment ministry, has approved, in principal, the release of Bt brinjal into the environment. Final clearance now rests with the central government. 
If cleared, Bt brinjal, developed by Maharashtra Hybrid Seeds Company (MAHYCO), with technology sourced from the US multinational Monsanto, will be the first genetically modified edible item to be cleared for commercial cultivation in the country. The Tamil Nadu Agriculture University and the University of Agricultural Sciences, Dharwad, were partners in the development of Bt brinjal.
Environment and Forests Minister Jairam Ramesh said on October 14, 2009, that he had received the Genetic Engineering Approval Committee’s (GEAC’s) recommendation and would examine it before taking a final decision in a couple of days. “There are arguments for and arguments against GM food crops. We’re not going to act under any pressure -- from either companies or from non-government organisations,” he said.
Bt brinjal was earlier cleared by a government panel, but a review committee was constituted in 2007 when civil society groups and NGOs raised health safety and environmental concerns. Activists criticised the review committee’s decision saying the GEAC had not responded adequately to all their safety concerns.
Agricultural biotechnologists welcomed the decision, saying the engineered brinjal would reduce the use of pesticides. Bt brinjal is designed to secrete a protein that kills fruit borers that routinely attack brinjal. GM brinjal has been under field trials at several sites across the country for nearly a decade to assess its performance on farms; it was first sent to the GEAC for approval in 2004.
As of now, India allows only one genetically modified crop -- Bt cotton -- to be grown. That was cleared for cultivation in 2002. About 50 other genetically modified crops, nearly 40 of which are food items, are in various stages of development in the country. These include rice, tomatoes, cabbage, wheat and watermelon.
Media reports quoting a senior biologist who participated in the GEAC meeting said at least three members of the GEAC had expressed concerns over Bt brinjal and had dissented on the approval. “It’s intellectual corruption -- it appeared to be a predetermined decision. The others had already decided what they wanted to do,” Pushpa Bhargava, former director of the Hyderabad-based Centre for Cellular and Molecular Biology, said.
Bhargava raised several technical issues over the design and implementation of safety studies that had been submitted by the developers of Bt brinjal to the GEAC while seeking approval for commercial cultivation.
The approval has sparked a fresh call from consumer representatives on the need to label all GM products and produce in the country, something the government has agreed to introduce but has not yet implemented.
“I’m disappointed. In the absence of labelling GM food, this is a threat to consumers’ rights to choose what they want to eat,” said Bejon Misra, a member of the government’s food safety and standards authority, and a consumer activist.
Kailash Bansal, a scientist at the Indian Agricultural Research Institute, New Delhi, disagrees: “People in North America have been consuming genetically modified soybean, corn and papaya for years. Genetic engineering introduces a precise change in the make-up of the plant -- the Bt brinjal will allow farmers to use much less pesticides.”
India’s 500,000 hectares of brinjal farms spread across Andhra Pradesh, Bihar, Karnataka, Maharashtra, Uttar Pradesh and Bengal, produce about 80 lakh tonnes of the vegetable annually. Some scientists estimate that fruit borers eat up as much as 50% of the crop.
Bt brinjal has been the test case for transgenic crops in the country. There are four varieties of brinjal on the table for approval, the important one being Cry 1Ac.
Ramesh has in the past made a “distinction” between Bt cotton and Bt brinjal arguing that Bt cotton is a non-edible item and, therefore, need not necessarily be the reason why other transgenic crops should also be allowed for cultivation. “I am going to take a decision based on the merits of the case in the interests of the country and of public health,” he said.
Strongly disapproving of the manner in which some NGOs, particularly Greenpeace, have been registering their protest, he said it amounted to blackmail. Greenpeace activists have been sending thousands of faxes from all around the world.
Greenpeace reacted saying it was shocking that the GEAC had “mindlessly” gone ahead and approved Bt brinjal even when informed scientists and citizens of the country raised serious concerns about the nature of the safety studies. In June this year, Ramesh said he did not support genetically engineered foods and that there was no great urgency for Bt brinjal, Greenpeace activist Jai Krishna said in a statement.

Gujarat FDCA launches awareness campaign on new FS&S Regulations, 2011

Amidst the chaotic opposition to the new Food Safety and Standards Regulations, 2011, the Food and Drugs Control Administration (FDCA), Gujarat, has taken a positive step towards ensuring acceptance of the new law by launching an awareness campaign on it across the state recently.

This was informed by H G Koshiya, commissioner, FDCA, Gujarat.

"The campaign was mooted following an opposition letter written to the Gujarat Chamber of Commerce and Industries by the Madhya Pradesh Chamber of Commerce and Industries against the new Food Safety Act," Koshiya said.

He mentioned that it was not a difficult task to have a control over the situation as we acted instantly on the same whereby clarifications were given to few questions raised by the members of the industries.

"We have created awareness among 500 members from the chamber of the commerce and also with different stakeholders across the state," he said, adding that the new law needed time to reach and understood by the members of the industries, stakeholders and the industry professionals across the country.

The basic motive and the special features of the Food Safety Act were elaborated to the members who were convinced at the three-day-long sessions of the programme.

The campaign began previous year with the intention to cover different places across the state and has successfully completed around 39-40 places across the state in educating the people about the rules and regulations.

"We have also conducted a session with the rice millers association of Gujarat and around 350 members attended the session," he said.

Koshiya then said that the campaign almost lasted for about 15 days in the state covering different associations and was planning to carry the trend with federation of all tea traders associations in the near future.

"The campaign would encompass all stakeholders, industry professionals and there associations and the work was still on," he trailed off.

The milk crisis in India

The Supreme Court has once again intervened on behalf of the people and in the interest of public welfare by seeking the response of the Center and various governments on a plea for checking sale of synthetic and adulterated milk and various dairy products.
AFTER CONTINUOUS flashing of TV reports indicating how synthetic milk has flooded the market, the Supreme Court's move is indeed very timely. A bench headed by Chief Justice SH Kapadia has very rightly issued notices to the Centre and the state governments of Haryana, Rajasthan, Uttar Pradesh, Uttarakhand and Delhi on a PIL which has also sought framing of a 'comprehensive' policy on the production, supply and sale of healthy, hygienic and natural milk.

The plea filed by a group of citizens, led by Swami Achyutanand Tirth of Uttarakhand, is worth studying keenly for the alarming picture that it has painted. The PIL says that synthetic and adulterated milk and milk products are being prepared using urea, detergent, refined oil, caustic soda, white paint etc which, according to opinion of experts, are 'very hazardous' to human life and can cause serious diseases like cancer. This is not all. The PIL has referred to a January 2011 survey report by Food Safety and Standards Authority of India (FSSAI) from different cities in 33 States which says that out of total 1,791 random samples taken 1 226 samples were found not fit for human consumption.
This survey report went on to say that this meant that 'on national level 68.4% of milk samples were found adulterated', that 'in states of Uttarakhand and Uttar Pradesh, 88% of milk samples were found adulterated', and that there was 'presence of adulterants like fat, 'solid not fat (SNF)', sugar, starch, urea, detergents, formalin etc in milk samples.'
After reading this, can there be any doubt about the alarming situation and imminent danger to public health posed by this brand of milk. Undoubtedly, the matter requires immediate action on the part of Central government and the state governments to ensure supply of healthy, hygienic and natural milk to the citizens of India. This would need a concrete action plan which alone can help substantially in stopping the rot. Why has such a situation cropped up? It may be recalled that over 10 years ago Allahabad High Court had considered the issue which had then caused panic in the state and ordered district-wise monitoring of the milk situation. So far as the formation of the monitoring committee for Allahabad district was concerned, the High Court had ordered that editor of Northern India Patrika also be among the members.
The committee was active for several months and when the situation seemed to be under control the vigilance was apparently relaxed. That resulted in the re-emergence of the crisis which gradually assumed a formidable form and has now acquired frightening dimensions. Now that the Supreme Court is looking into the matter, it is to be hoped that something effective will emerge to wage a war against adulteration which has crossed all limits. The question that any layman will ask is: What has the administration been doing all these years?

SC to examine tobacco, food law conflict

NEW DELHI: The Supreme Court is set to examine an interesting question arising from apparent conflict in provisions of two laws — one allowing and regulating sale of cigarettes and tobacco products, including gutka, pan masala and chewing tobacco, while the other bans use of tobacco and nicotine in food products.

A bench of Justices G S Singhvi and S J Mukhopadhay issued notice to gutka and pan masala manufacturers on a petition filed by the Union government seeking transfer of their petitions in the Delhi High Court, where the new provisions of the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011, was challenged.

Appearing for the Centre, additional solicitor general Harin Raval said that an identical issue related to similar provisions in the eclipsed Prevention of Food Adulteration Act was being adjudicated by the apex court and requested for transfer of the pending petition in the HC. The court asked the gutka and pan masala manufacturers to file their replies in four weeks.
The food safety and standards regulation prescribed that "tobacco and nicotine shall not be used as ingredients in any food products".
The manufacturers had challenged this provision in the HC on the ground that manufacture and sale of tobacco and nicotine containing products such as pan masala and gutka were permitted but regulated by the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.
It said the food regulation hindered the trade, commerce, production, supply and distribution of the these products resulting in unwarranted harassment and hindrance to their right to carry on business.
The Supreme Court, while hearing a related matter, had banned use of plastic pouches for packaging of gutka and pan masalas or any tobacco product forcing the industry to shift to paper packaging.

Food outlets told to register with FDA by August 5

MumbaiThe state Food and Drug Administration (FDA) has given food business operators a deadline of August 5 to get registered with it as per the Food Safety and Standards Authority Act of India (FSSAI).
With around 45 lakh food establishments across Maharashtra, the FDA has insisted that not only restaurants and hotels but even roadside food vendors must apply for a valid licence.
“It is usually the small shops and vendors that pose a problem in terms of licence. As per the FSSAI, anybody involved in the sale of consumables should have a valid licence and be registered with the FDA,” said Suresh Deshmukh, assistant commissioner (Food) of FDA, Maharashtra. Deshmukh said the FDA had issued around 1.6 lakh licenses in the state in the past nine months.
“Having a valid licence is important not only to comply with the norms but also to keep a tab on the hygiene levels practised by food vendors,” he said.
Of the 4,751 food samples collected from eateries, food manufactures and distributors all over the state, the FDA had filed criminal complaints in 677 cases last year.
FDA inspectors have also been interacting with the food business operators to ensure that the establishments have the appropriate licence or certificate.
As per the FSSAI Act, establishments with an annual turnover of Rs 12 crore should own a licence while those with less turnover should have a certificate.
“In the tussle of obtaining licences, the consumer suffers the most as he is deprived of purchasing quality products from a convenient store if it is not licensed,” said Prabodh Halde, member of the Association of Food Scientists and Technologists, which recently arranged an interaction between FDA officials and food vendors

Asian Regulatory Round-up: overhauls throughout the continent

Welcome to my first article on Asian food regulations. I will be bringing you monthly summaries of regulatory changes occurring across the Asia-Pacific region.
Let’s start with the two powerhouses of Asia – China and India. Although there is a lot of activity in the rest of Asia, the sheer size and attraction of both these markets will always mean food companies will always be interested in what the regulators are up to.
For China the news is generally about food safety. There seems to be no end to the creativity exhibited by Chinese entrepreneurs in how to reduce costs or increase profits without a thought of respect to the rule of law. Although this may sound harsh, the good news is the Chinese government does recognize some weaknesses in the system.
The recent release of the Five-Year Food Safety Plan calls for coordination between 14 different government departments. In a recent statement released by the Chinese government, it stated, “Many of the regulations are overlapping or contradict each other, since multiple government agencies were given the responsibility of compiling their own standards years ago.”
Whilst the government will be focusing on overhauling the 2,000 national food regulations and more than 2,900 industry-based regulations with an ambitious deadline of 2015, the concerns are really about enforcement.
Other improvements are in the legal language of Chinese regulations away from the opaque style open to interpretation by whoever is administering the law at the time.
India is overhauling its whole food regulatory structure from a completely different angle. The Indian government first established the Food Safety and Standards Authority, legislated the Food Safety and Standards Act 2006, and then began dismantling old acts and regulations.
The Authority’s current agenda is on education, respect for the rule of law with a firm commitment that India’s food and agricultural base can integrate itself effectively in to the global trade of food. To this end, despite the mammoth task, India will succeed.
Under the Food Safety and Standards Act, there are six regulations covering various sections, such as Licensing & Registration of Food Businesses; Packaging and Labelling; Food Product Standards & Food Additives; Prohibition & Restriction on Sales; Contaminants, Toxins and Residues; and Laboratory & Sampling Analysis.
Although there are currently some weaknesses in the system, such as no regulations for dietary and health supplements or clear guidelines for marketing claims, the Authority has plans in motion to  cover these areas whilst revising and amending the current regulations as necessary.
Across the region, Hong Kong recently passed the Pesticide Residues in Food Regulation to ensure food coming in from China remains safe. And the legislators in Guam are currently labouring through a 581-page draft of a new Food Code. From all accounts it may take some time before a final version is enacted.
Other recent changes, in a pro-active move, the Sri Lanka Ministry of Health is holding discussions with manufacturers in regards to formulating new regulations to reduce the amount of sugar and salt in food products. Meanwhile, Korea is slowing implementing place-of-origin food labelling for pork, chicken and kimchi. Country of Origin labelling already exists for beef and rice.
Staying in Korea, the Korean Food & Drug Administration is set to allow functionality claims in general foods rather than just supplements. As the current system is very limited, once the new regulations are implemented, Korea’s functional food market will soar.
Taiwan is another country that does take its food regulatory regime seriously. Regulators are always amending and monitoring their regulations and standards. Already this year, the Taiwan FDA twice amended the Pesticide Residue Limits in Food Standard along with amendments to the Sanitation Standard for Food, Utensils, Containers & Packages and Standard for Specification, Scope, Application & Limitation of Food Additives.
I have endeavoured to provide a brief overview of the regulatory landscape across the Asia Pacific region. It is a huge region with half the world’s population. Over time I shall introduce the rest of the region for you.