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Aug 8, 2012
Gutka comes under the food category: Maha Govt
The state government defended its one year ban on the manufacture and sale of gutka and paan masala by saying that these two items came under the ‘food’ category. They told the Bombay High Court in an affidavit that the two products come under the category of ‘food’ under the Food Safety and Standards Act (FSSA), 2006.
Five gutkha manufacturers had challenged the state government’s notification of July 19 banning the manufacture, distribution, storage and sale of gutkha and paan masala.
The manufacturers said that since gutkha contained 6-8 % tobacco and had no nutritional value couldn’t be termed under the food category. It therefore wasn’t under the purview of the FSSA and should have come under the Tobacco Act, 2003.
The affidavit by Advocate General D J Khambata and government pleader D A Nalavade stated that manufacturers, while insisting that the central legislation would cover the sale of gutka and paan masala, “have ignored the mandate of a later special statute. The FSSA, also enacted by the Centre, has an overriding effect over all other laws”.
The affidavit filed by Kamlesh Sankhe, Joint Commissioner of Police (Food), Food and Drug Administration (FDA), cited a nation-wide study by the Global Adult Tobacco Survey in 2009-10 that indicated that there were 27.49 crore gutkha and paan masala addicts constituting 99.9 per cent of the surveyed population above the age of 15.
Over 1000 samples of gutkha and paan masala, when tested revealed that over 98% of them flouted the Prevention of Food Adulteration Rules. It added that all the 84 samples analysed under the Food Safety and Standards Regulation, 2011 contained prohibited anti-caking agents like magnesium carbonate. “The state shall regard raising the level of nutrition and standard of living and the improvement of public health as among its primary duties and, in particular, it shall endeavour to prohibit consumption, except for medicinal purposes, of intoxicating drinks and of drugs which are injurious to health,” Sankhe stated.
Gutkha, pan masala come under food category: State
The state government, defending its one-year ban on manufacture and sale of gutkha and paan masala, on Tuesday told the Bombay High Court in an affidavit that the two products come under the category of ‘food’ under the Food Safety and Standards Act (FSSA), 2006.
Five gutkha manufacturers had challenged the state government’s notification of July 19 banning the manufacture, distribution, storage and sale of gutkha and paan masala. The ban has been invoked under the FSSA.
The manufacturers had contended that gutkha, which contains six to eight per cent tobacco, has no nutritional value and hence, cannot be brought under the purview of the FSSA. They stated that it would come under the Tobacco Act, 2003.
The affidavit by Advocate General D J Khambata and government pleader D A Nalavade stated that manufacturers, while insisting that the central legislation would cover the sale of gutkha and paan masala, “have ignored the mandate of a later special statute. The FSSA, also enacted by the Centre, has an overriding effect over all other laws”.
The affidavit filed by Kamlesh Sankhe, Joint Commissioner of Police (Food), Food and Drug Administration (FDA), cited a nation-wide study by the Global Adult Tobacco Survey in 2009-10 that indicated that there were 27.49 crore gutkha and paan masala addicts constituting 99.9 per cent of the surveyed population above the age of 15.
Of the 1,173 gutkha and paan masala samples tested by the FDA between 2003 and 2011, 98 per cent flouted the Prevention of Food Adulteration Rules, the government claimed. It added that all the 84 samples analysed under the Food Safety and Standards Regulation, 2011 contained prohibited anti-caking agents like magnesium carbonate. “The state shall regard raising the level of nutrition and standard of living and the improvement of public health as among its primary duties and, in particular, it shall endevour to prohibit consumption, except for medicinal purposes, of intoxicating drinks and of drugs which are injurious to health,” Sankhe stated.
Magnesium carbonate can cause cardiac arrests, carcinogenic and co-carcinogenic effects, oral and sub-mucous fibrosis and oral cancer, Sankhe said. Granting the manufacturers time to file a rejoinder, Chief Justice Mohit Shah and Justice N M Jamdar adjourned the case till August 16.
Five gutkha manufacturers had challenged the state government’s notification of July 19 banning the manufacture, distribution, storage and sale of gutkha and paan masala.
The manufacturers said that since gutkha contained 6-8 % tobacco and had no nutritional value couldn’t be termed under the food category. It therefore wasn’t under the purview of the FSSA and should have come under the Tobacco Act, 2003.
The affidavit by Advocate General D J Khambata and government pleader D A Nalavade stated that manufacturers, while insisting that the central legislation would cover the sale of gutka and paan masala, “have ignored the mandate of a later special statute. The FSSA, also enacted by the Centre, has an overriding effect over all other laws”.
The affidavit filed by Kamlesh Sankhe, Joint Commissioner of Police (Food), Food and Drug Administration (FDA), cited a nation-wide study by the Global Adult Tobacco Survey in 2009-10 that indicated that there were 27.49 crore gutkha and paan masala addicts constituting 99.9 per cent of the surveyed population above the age of 15.
Over 1000 samples of gutkha and paan masala, when tested revealed that over 98% of them flouted the Prevention of Food Adulteration Rules. It added that all the 84 samples analysed under the Food Safety and Standards Regulation, 2011 contained prohibited anti-caking agents like magnesium carbonate. “The state shall regard raising the level of nutrition and standard of living and the improvement of public health as among its primary duties and, in particular, it shall endeavour to prohibit consumption, except for medicinal purposes, of intoxicating drinks and of drugs which are injurious to health,” Sankhe stated.
Gutkha, pan masala come under food category: State
The state government, defending its one-year ban on manufacture and sale of gutkha and paan masala, on Tuesday told the Bombay High Court in an affidavit that the two products come under the category of ‘food’ under the Food Safety and Standards Act (FSSA), 2006.
Five gutkha manufacturers had challenged the state government’s notification of July 19 banning the manufacture, distribution, storage and sale of gutkha and paan masala. The ban has been invoked under the FSSA.
The manufacturers had contended that gutkha, which contains six to eight per cent tobacco, has no nutritional value and hence, cannot be brought under the purview of the FSSA. They stated that it would come under the Tobacco Act, 2003.
The affidavit by Advocate General D J Khambata and government pleader D A Nalavade stated that manufacturers, while insisting that the central legislation would cover the sale of gutkha and paan masala, “have ignored the mandate of a later special statute. The FSSA, also enacted by the Centre, has an overriding effect over all other laws”.
The affidavit filed by Kamlesh Sankhe, Joint Commissioner of Police (Food), Food and Drug Administration (FDA), cited a nation-wide study by the Global Adult Tobacco Survey in 2009-10 that indicated that there were 27.49 crore gutkha and paan masala addicts constituting 99.9 per cent of the surveyed population above the age of 15.
Of the 1,173 gutkha and paan masala samples tested by the FDA between 2003 and 2011, 98 per cent flouted the Prevention of Food Adulteration Rules, the government claimed. It added that all the 84 samples analysed under the Food Safety and Standards Regulation, 2011 contained prohibited anti-caking agents like magnesium carbonate. “The state shall regard raising the level of nutrition and standard of living and the improvement of public health as among its primary duties and, in particular, it shall endevour to prohibit consumption, except for medicinal purposes, of intoxicating drinks and of drugs which are injurious to health,” Sankhe stated.
Magnesium carbonate can cause cardiac arrests, carcinogenic and co-carcinogenic effects, oral and sub-mucous fibrosis and oral cancer, Sankhe said. Granting the manufacturers time to file a rejoinder, Chief Justice Mohit Shah and Justice N M Jamdar adjourned the case till August 16.
Know what you eat!
With the amendment of Prevention of Food Adulteration (PFA), 1954, the newly formed Food Safety and Standards Act 2006, makes it binding on all the eateries, dhabas to obtain a licence and register the eatery with Food and Drug Administration Department.
The Act states that every street food vendors with an annual turnover of less than Rs12 lakh will have to obtain a certificate. Those having a turnover of over Rs 12 lakh will have to obtain a license. The licensing fee is Rs 100 per year while registration fees are around Rs 2000. The obtainer can apply for a license and
registration for a period of five years. Chandrashekhar Salunke, assistant commissioner, Food, FDA, Pune district, said, "All establishments are made mandatory to obtain license from FDA, only to function smoothly. This decision will curb and bring down the low quality of food and hygienic conditions while preparing will be maintained."
“It is a good decision to implement the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011. Unfortunately, actual regular inspection is not done by concerned authority. Mere imposing new regulation will not solve the hygiene problem. As we see generally same cloth is used to clean the utensils all day long, the food cooked in the morning is served for the whole day creates hygiene problems. Encroachments, hotel parking problems can be solved at the initial stage only,” said Dinesh Hole, member, Zonal Railway Committee.
FDA Commissioner, Mahesh Zagade said, "The officials of our department are into action since last two months. FDA will be taking strict action against the people who sell edible products and do not hold license issued by FDA. We have also started a new software for the people who want to start their business and process online admission. FDA website has all information related to license, registrations, organisations registered, etc."
The owner of a restaurant Rakesh Tribhuvan said, "The civic body takes so much bribe, which we cannot afford and it would take at least eight years for common people like us to get license. Therefore, I have applied in the normal process and I am waiting for my turn to come."
Sagar Adhav, who is a resident of Taboot Street, shared his point of view, "Licenses should be made compulsory for all. However the process should be made quick and efficient and there should not be long waiting time for it. Small shop owners provide good tasty food at affordable rates and I believe 80 per cent of the citizens like to eat at places like these."
We also spoke to Hameed Ansari who runs a sandwich stall at MG road and told us, "If we apply for license, then we have to shell out huge amount of money and no one bothers to check it. Once in a month, anti-encroachment van of PCB comes to pick up the hand cart, we pay them some amount and get out handcart back. This is how I have been managing my business for the last 7 years."
Vikram Bhide, a resident of Bhopla Chowk who enjoys eating food at the food joints, said, "I don't know why the government has to trouble the lower middle class when they cannot do any good to them. These are poor people who work hard in order to earn their bread and butter. They are honest, innocent people. The reason why they put handcart is because they cannot afford to have a restaurant. The government should spare these people."
Legal crackdown on dodgy eateries
Documents released under freedom of information show dozens of Canberra eateries could face court over poor hygiene standards.
The ACT Government has published documents relating to its enforcement of food safety laws on its FOI website. The health documents show authorities successfully prosecuted three Canberra eateries under the Food Act earlier this year.
Another 18 prosecution briefs were submitted to the Director of Public Prosecutions for consideration as of March 30, and a further 28 cases were being prepared for submission.
The documents also show that 42 prohibition orders were issued against Canberra restaurants in 2011, up from nine the previous year.
To the end of April this year, 11 notices had been issued.
The documents also detail incidents where public health inspectors faced aggressive and intimidating behaviour by restaurant owners.
In one instance police were called.
The papers also show the Government has begun billing unsafe eateries hundreds of dollars for the cost of reinspecting their premises.
Health Protection Service director John Woollard says it is unclear what is behind the increase in critical breaches.
"Vermin infestations, rats, mice, cockroaches, through to filthy businesses, temperature control where foods aren't maintained at the correct temperature, a lack of hand washing facility those sorts of things," he said.
"All of those things in their own right are critical breaches and when they're combined they become quite problematic."
The Government is still considering how to implement a scores on doors rating scheme for food safety standards.
Mr Woollard says evidence from overseas shows it can work.
"There is evidence from overseas, where it's quite widespread, that it is an effective strategy," he said.
"I think that there is value in doing it but it comes at a cost. There are a range of implementation issues that we would need to wrestle with and work closely with the community and industry with, if it was to be brought forward."
Chief Minister Katy Gallagher says the scheme requires extensive industry consultation and is at least a year away.
"Certainly any changes we make to legislation would be dealt with in the next Assembly. So there's just a bit more work to be done there. I would certainly believe legislation passing the Assembly would probably take the next year," she said.
Safety supervisors
Ms Gallagher has today released a discussion paper on the introduction of food safety supervisors.Eateries will be required to appoint a specially-trained food safety supervisor from August 2013.
"Food businesses have an obligation to ensure food is safe for public consumption. A food safety supervisor will undergo specialist training to ensure they can supervise and train others in safe food handling," Ms Gallagher said.
The paper is open for public comment until September 14.
Suspect kebabs
The documents also show five people were admitted to hospital with food poisoning after the National Multicultural Festival in February.The main event of the festival is the food extravaganza where hundreds of stalls sell food from around the world.
A ministerial brief about this year's Multicultural Festival categorises the festival as a high-risk event in terms of food safety.
Over the Friday and Saturday of the festival, eight public health officers conducted about 100 formal inspections and many more 'walk-by' inspections.
There were three breaches of food safety laws resulting in the destruction of food.
The document goes on to say there were 11 cases of food poisoning linked to the festival, with eight laboratory confirmed cases of salmonella.
Five of the eight cases resulted in hospitalisation.
The brief says investigations have linked the food poisoning to two kebab stalls.
Govt withdraw two infant formulas
The government has ordered the recall of two popular Japanese brands of infant formula.
The authorities took action after tests revealed that they contained very low levels of iodine - an important nutrition component for development in babies.
The brand names are Wakodo and Morinaga.
The Centre for Food safety tested the first batch of 14 brands of milk powder and discovered that at least six samples had iodine level below the standard set by Codex.
Iodine is vital for babies up to six months because lack of it could affect the tyroid glands.
The Secretary of Food and Health, Ko Wing-man said parents should immediately stop giving their babies the infant formula in question.
He assured the public that officials at the Centre for Food Safety will step up their monitoring.
Dr Ko said the Hospital Authority has designated clinics within the maternal and child health centres for parents who want to have their babies checked.
The authorities took action after tests revealed that they contained very low levels of iodine - an important nutrition component for development in babies.
The brand names are Wakodo and Morinaga.
The Centre for Food safety tested the first batch of 14 brands of milk powder and discovered that at least six samples had iodine level below the standard set by Codex.
Iodine is vital for babies up to six months because lack of it could affect the tyroid glands.
The Secretary of Food and Health, Ko Wing-man said parents should immediately stop giving their babies the infant formula in question.
He assured the public that officials at the Centre for Food Safety will step up their monitoring.
Dr Ko said the Hospital Authority has designated clinics within the maternal and child health centres for parents who want to have their babies checked.
Packaged water no safe bet: Health dept study
If you think you are consuming packaged water and thus you are safe, you may be wrong. The report card of the State Health Department on water samples shows that water could be substandard, even if it is stored in a sealed container.
Of the eight packaged drinking water samples analysed by the Public Health Institute of the department of Health and Family Welfare in June, seven (87.5 per cent) were found to be substandard and thus did not meet the prescribed specification of the Bureau of Indian Standards (BIS).
In May, six packaged drinking water samples were tested and five turned out to be substandard and misbranded. The department, however, did not analyse any water sample for the first three months of this year. Only two samples were tested in April.
Anjum Parvez, Commissioner of the Health Department, described the scenario ‘alarming’. The department is slowly waking up to the responsibilities it has been entrusted with under the Food Safety and Standards Act, 2006, which came into effect on August 5, 2011.
The department, which is facing severe staff shortage, was forced to act recently following a public interest litigation filed by a non-governmental organisation against the government for not taking action against companies that sell substandard packaged drinking water.
The department, in its raids across the State, found 564 water units of the total 788 were functioning without BIS ISO certification. No person can do business of packaged water or mineral water without BIS certificate. Despite having the certificate, if the set norms are violated, the units could be closed by the government, said Parvez. The Commissioner said after the raids, 100 units were closed for violation of norms. Of these, 19 have filed writ petitions in court against the department. The highest number of unauthorised water packaging units were found in Bellary - 78 and Bangalore Urban - 69. In BBMP area, 23 had no certification, while 16 had BIS certification. The scene in other major districts like Dakshina Kannada, Mysore, Dharwad and Belgaum is no better. In Gadag, Haveri and Yadgir, none of the units had certification. Unauthorised units outnumbered authorised units of packaged drinking water in most districts. Most of the units harness borewell water, use the reverse osmosis process, package and sell it. The department has no information on the quantity of such packaged drinking water produced. Till the judiciary decides the matter, should the people continue to be cheated? “The department has taken up the drive against packaged drinking water aggressively. However, with many litigations in court, the drive has to be postponed by another three months,” Parvez said.
Under the Food Safety and Standards Act, the department is required to test quality of water, milk and any edible item, besides issuing licences and conducting registration. The progress is tardy. “Of the conservative estimate of 4.5 lakh food business operators in the State, only around 15,000 are registered or have licences,” said Parvez.
The department is in need of more staff to carry out its work. Of the 238 posts created, the working strength is 145. The finance department has sanctioned an additional 170 posts. Each lab analyses only 20 to 25 samples against the stipulated 70 to 80 samples, he said. The department has labs only in Bangalore, Belgaum, Mysore and Gulbarga. While food is tested in all the four, water is tested only in Bangalore. The Public Health Institute at KR Circle in Bangalore does take water samples for lab analysis. However, only packaged water in a sealed container is tested, according to Parvez. Efforts are on to establish more labs.
Of the eight packaged drinking water samples analysed by the Public Health Institute of the department of Health and Family Welfare in June, seven (87.5 per cent) were found to be substandard and thus did not meet the prescribed specification of the Bureau of Indian Standards (BIS).
In May, six packaged drinking water samples were tested and five turned out to be substandard and misbranded. The department, however, did not analyse any water sample for the first three months of this year. Only two samples were tested in April.
Anjum Parvez, Commissioner of the Health Department, described the scenario ‘alarming’. The department is slowly waking up to the responsibilities it has been entrusted with under the Food Safety and Standards Act, 2006, which came into effect on August 5, 2011.
The department, which is facing severe staff shortage, was forced to act recently following a public interest litigation filed by a non-governmental organisation against the government for not taking action against companies that sell substandard packaged drinking water.
The department, in its raids across the State, found 564 water units of the total 788 were functioning without BIS ISO certification. No person can do business of packaged water or mineral water without BIS certificate. Despite having the certificate, if the set norms are violated, the units could be closed by the government, said Parvez. The Commissioner said after the raids, 100 units were closed for violation of norms. Of these, 19 have filed writ petitions in court against the department. The highest number of unauthorised water packaging units were found in Bellary - 78 and Bangalore Urban - 69. In BBMP area, 23 had no certification, while 16 had BIS certification. The scene in other major districts like Dakshina Kannada, Mysore, Dharwad and Belgaum is no better. In Gadag, Haveri and Yadgir, none of the units had certification. Unauthorised units outnumbered authorised units of packaged drinking water in most districts. Most of the units harness borewell water, use the reverse osmosis process, package and sell it. The department has no information on the quantity of such packaged drinking water produced. Till the judiciary decides the matter, should the people continue to be cheated? “The department has taken up the drive against packaged drinking water aggressively. However, with many litigations in court, the drive has to be postponed by another three months,” Parvez said.
Under the Food Safety and Standards Act, the department is required to test quality of water, milk and any edible item, besides issuing licences and conducting registration. The progress is tardy. “Of the conservative estimate of 4.5 lakh food business operators in the State, only around 15,000 are registered or have licences,” said Parvez.
The department is in need of more staff to carry out its work. Of the 238 posts created, the working strength is 145. The finance department has sanctioned an additional 170 posts. Each lab analyses only 20 to 25 samples against the stipulated 70 to 80 samples, he said. The department has labs only in Bangalore, Belgaum, Mysore and Gulbarga. While food is tested in all the four, water is tested only in Bangalore. The Public Health Institute at KR Circle in Bangalore does take water samples for lab analysis. However, only packaged water in a sealed container is tested, according to Parvez. Efforts are on to establish more labs.
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