Sep 1, 2015

Food safety regulator to hire law firms to get back into the groove

Legal firms and lawyers not involved in litigation against the FSSAI in any manner can apply for the job within a week
Within days of stating that it was not possible for it to continue with product approvals, the Food Safety and Standards Authority of India (FSSAI) on Monday put up a public notice for "engagement of legal assistance for framing regulations".
The FSSAI decided to engage legal assistance for formulation of regulations to govern product approvals, imports, and procedures of issuing guidelines and administrative instructions, the notice said. Legal firms and lawyers not involved in litigation against the FSSAI in any manner can apply for the job within a week.
While knowledge of food laws, experience and qualifications will be the primary criteria for selection, the successful firm will have to provide an undertaking that it will not enter into any litigation or offer legal advice against the FSSAI, directly or indirectly, on food-related matters at least for five years.
Swiss food major Nestle had taken the FSSAI to court after the regulator had in June ordered a nationwide recall of Maggi noodles because samples were allegedly found to contain monosodium glutamate and excessive lead. The Bombay High Court on August 13 gave Nestle India six weeks to have Maggi noodle samples tested in three accredited labs.
The Supreme Court on August 19 ruled the FSSAI was not authorised to approve products under the current legal framework. Last week, the FSSAI issued a notification that it would not be engaged in the process of product approvals, citing the Supreme Court order.
That notice resulted in confusion in the food industry with companies saying they could go ahead with product launches without the intervention of the regulator. A senior FSSAI official had refused to interpret the notification.
Food companies have been upset with the regulator for delayed approvals and the vetting process before launching items. The industry's concerns had peaked after the Maggi noodles recall.

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