Jul 23, 2013

Panel bans illegal herbal water units

Licence Must To Get Back To Business
Chennai: Continuing its crackdown on illegal packaged drinking water units in Tamil Nadu, the National Green Tribunal’s southern bench on Monday banned the manufacture, transport and sale of unlicensed herbal or flavoured water until further orders. “They can’t be in the business until they get licence under the Food Safety Standards Act,” the bench said.
The bench, comprising Justice P Jyothimani and technical member Prof R Nagendran, passed the interim order on a petition filed by the International Herbal Water Foundation seeking to implead as a party in a suo motu proceeding initiated by the tribunal against illegal water units.
“We will not permit anyone to operate without a licence,” the bench said. The green panel has been acting on the results of the water sample tests conducted by the Tamil Nadu Pollution Control Board and Food Safety and Drug Administration Department since March this year. In May, 34 units failed the tests and nine others failed the tests in June.
Industry sources said the ban will not have much impact on the market as herbal water suppliers caters to a minority of households. Also its space is likely to be occupied by other packaged water brands, though they are costlier.
According to the International Herbal Water Foundation, there are 400 herbal or flavoured water units in the state and the products come with tags like ‘zeera,’ ‘amla’ and ‘vettiver.’ Herbal or flavoured water is not packaged drinking water, as defined under the Prevention of Food Adulteration rules, since it contains an additive or flavouring substance. Hence there was no obligation to have a mandatory certification of BIS, it argued.
BIS pointed out that there were no Indian standards available for flavoured water. The units with BIS licence undergo water sampling tests every year by paying a fee of 1 lakh, while 400 herbal or flavoured units go scotfree.
V Murali, founder patron of the Tamil Nadu Packaged Drinking Water Association, argued that those who lost BIS licences owing to poor water quality launched herbal units later.
Advocate R Suresh Kumar, appearing for the Food Safety and Standards Authority of India, said water came under the category of food according to Section 3 (J) of the Food Safety and Standards Act 2006 and should be regularly tested by the authorities.
When the foundation contended the units were willing to undergo tests, the bench observed: “The fact remains that the units are yet to be certified by the authorities.”
The tribunal asked the manufacturing units to file applications with the department of food safety within a week. The authority should file a report to the tribunal during the next hearing, the court said.
OUT OF FAVOUR
There are around 400 herbal/flavoured water units in TN, with tags like ‘zeera,’ ‘amla’ and ‘vettiver’
They are not governed by BIS, Food and Public Distribution or PCB
Herbal/flavoured water units do not get ISI certification and evade mandated annual water sample testing by BIS
It is alleged that
those who lose BIS licences launch herbal water units
With Food Safety Standards Act, 2011, units will have to get licences by February 2014

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