Apr 15, 2013

AHAR moves HC against Food Safety Act

The Indian Hotel and Restaurant Association (AHAR), along with several restaurant and hotel owners, lashed out against the Food Safety Standards Act (FSSA) 2006 and rules 2011 for treating them as a food manufacturing unit. The AHAR has even moved the Bombay high court challenging the validity of the Act.

The petition filed by the AHAR two weeks ago, states that the norms laid by the central government are mainly for food industries and not in any way for hotels and restaurants as these provide food as per the choice or order of the customers.

AHAR has alleged that the Act has been made applicable for the hospitality industry with some stray provisions and by using some terms loosely. They said that it was not feasible for the restaurant and hotel owners to comply with the terms of the Act.

Arestaurant owner said, “We don’t process food, we only cook food. But there is no mention of the term ‘cooking’ in the Act. AHAR had earlier written to the state Food and Drug Administration (FDA) asking for clarifications.

The FDA, however, refused to help them saying they were merely an implementing body. Another restaurant owner said, “The act states that labelling packaged food with its nutritional value is mandatory. But it is impossible for us to label each container that is home delivered as it is made as per the choice of our guests. “Similarly, you cannot ask us to test the water that we are using for cooking as we get our water supply from the BMC. But yes, you can hold us responsible for hygiene and sanitation. We are ready to comply with that. But all the norms stated in the Act are meant for bigger manufacturing units.” They are also hassled by the fact that the fine levied for the violation of these norms by the hospitality industry is the same as the manufacturing unit.

Further, the act also states that one cannot sell a non descriptive food item which is not described in your license. “We are supposed to submit our menu card for licensing. But we all know ours is a tailor made business and guests can even call in for something that is not on the menu.”

Advocate Anjali Purav, who is representing the case, confirmed that the petition has been filed but refused to comment further. She said, “We will soon be getting our first date of hearing and only after that will I be able to comment.”

Meanwhile, in its first-round of inspections carried out since April 2012, the state FDA has found that around 600 of the inspected 1,060 eateries across Mumbai are not complying with the rules of the Act.

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