India sugar is pesticide free, says study

The pesticide food safety issue that has tainted India’s sugar market for more than a decade has been cleared in the wake of a study suggesting India-produced sugar is pesticide free.

The joint research, from the National Institution of Nutrition (NIN) and the Indian Council of Medical Research (ICMR), showed that representative samples of sugar from across the country had no detectable presence of pesticides.

The study saw researchers test 27 samples collected from different states and mills across the country for the presence of organophosphate and organochlorine pesticides. Sugar samples were collected from mills in Andhra Pradesh, Uttar Pradesh, Punjab and West Bengal. Findings indicated an absence of pesticides; including alpha endosulfan and beta endosulfan, chlorpyrifos and DDT analysed at 0.1 microgram per kilogram level.

A Maharashtra-based sugar miller, who requested to remain anonymous, told FoodNavigator-Asia that this study is good news, especially for exportsas India is discussing the removal of government controls on sugar. “I am sure exports would be boosted thanks to this study. I also think makers of carbonated beverages can now shut up about the pesticide contamination in their drinks coming from our sugar,” he said.

Pesticide concerns
Cola companies have recently claimed that pesticide residues in sugar contaminated their bottled beverages, while pro-health groups and sugar makers said that is probably from the water they use. Pesticide contamination has been in the news across India for a while, with activist groups pounding the government and industry over the presence of pesticide residues in finished agricultural products containing sugars.

Last month, the Delhi High Court lambasted the Food Safety and Standards Authority of India (FSSAI) for claiming that that there is a wellestablished system to monitor presence of pesticides in food products. The court was adjudicating on the issue after taking notice of reports, which suggested that impermissible pesticides like endosulfan were found in food items, vegetables and fruits, especially around Delhi.

The FSSAI said that while Endosulfan was banned for use, its presence in food items might be evidenced over the next few years since the pesticide was already mixed with groundwater and soil.

Pro-health groups have demanded that the government set a minimum residual level (MRL) of pesticides in packaged agricultural products, including fruit and vegetable juices and carbonated beverages.

FOOD IRRADIATION-ISO'S NEW INITIATIVE

Food irradiation process on which enormous investments were made both in terms of valuable money as well as time is still to take off in spite of its proven efficacy and safety to human beings. Every day one is confronted by revelations that enormous amount of food produced in the world is lost irretrievably due to spoilage and other causes and according to one estimate this lost food would feed the entire world. Similarly food poisoning episodes due to contamination with many pathogens like Salmonella, virulent E.coli, Pseudomonas, Listeria etc are continuing posing serious safety problems in many countries. Why is that industry is reluctant to use this technology for the welfare of the consumers?. There are several reasons, most important of which is the regulatory authorities' insistence on mentioning irradiation on the label. It is a paradox that GM foods need not be labeled in a country like the US but irradiated foods must label it!  

"A new ISO standard—ISO 14470:2011—provides state-of-the-art requirements for food irradiation, commonly used to improve quality and safety in food processing. According to a press note by the International Organisation for Standardisation (ISO), a developer and publisher of international standards, the standard will benefit manufacturers, irradiation operators, regulators, customers and, ultimately, consumers. The new standard pertains to requirements for the development, validation and routine control of the process of irradiation using ionising radiation for the treatment of food, not only providing requirements, but also guidance for meeting them. The note adds, food irradiation is the process where food is exposed to ionising radiation in order to improve its safety and quality. It is intended to be used only on food that has been produced under good manufacturing practice (GMP) principles. The irradiation of food can be used for different purposes including control of pathogenic microorganisms and parasites, reduction of the number of spoilage microorganisms, inhibition of the sprouting of bulbs, tubers and root crops, extension of product shelf life or phytosanitary treatment.The main objectives of ISO 14470:2011 are - Provide requirements for the irradiation of food consistent with current standards and practices; Provide directions for a technical agreement between the customer and the irradiator operator; and Establish documentation system to support the controls on the food irradiation process". 

The new ISO standard is good but for whom these standards are made is a question that does not have any ready answer. Of course small quantities of food products are irradiated, especially with low doses for some specific purpose whereas pharmaceutical and medical industry uses them extensively. If finalization of ISO standards for food irradiation heralds a new initiative for popularizing the technology, then it is timely. Otherwise it will remain as a sterile exercise with not many takers for it in the near future.

இனிய தமிழ் புத்தாண்டு வாழ்த்துக்கள்!

Watch out for what you eat. It could be killing you slowly and sweetly: says new CSE junk food and nutrition study

• Most junk foods contain very high levels of trans fats, salts and sugar – which inevitably lead to severe ill health and diseases like obesity and diabetes
• CSE lab tests 16 major brands of foods relished by people, particularly the young: Maggi and Top Ramen noodles, MacDonald’s foods, KFC’s fried chicken and Haldiram’s Aloo Bhujia, among others
• Finds companies resort to large scale misbranding and misinformation; many say their products contain zero trans fats, but CSE finds heavy doses
• Danger lurking: Younger generation hooked to junk food, vulnerable to heart diseases in the prime of their life

New Delhi, March 30, 2012: Junk foods – all the stuff that most of us love to gorge on – have enough trans fats, salt and sugar to lead us to an early onset of diseases in the young. And what’s worse, neither the companies, nor the government is bothering to tell us what these foods contain, says a new Centre for Science and Environment (CSE) study which was released here today.
“We all know junk food is bad; we still eat it. But do we know how bad it is? Do we ever check what we are eating and whether what that packet of chips or Maggie has what it claims it has? Our new study, which looks at the nutritional value of these foods, is to make people aware of what these foods really contain and what they will do to our health”: says Sunita Narain, director general, CSE.
CSE, which is known for some truly ground-breaking studies on food and contamination, says this is the first comprehensive Indian study to have looked at nutritional claims made (or not made) by junk food makers and how they compare against our ‘allowed daily intake’. “And the findings are pretty damning,” says Chandra Bhushan, CSE’s deputy director general, who also heads the Pollution Monitoring Lab which did the study.

Daily intake? Now what is that?
The National Institute of Nutrition (NIN) and the World Health Organization (WHO) have set certain benchmarks of how much salt, sugar, carbohydrates and fats every individual can have on a daily basis to stay healthy. These benchmarks add up to what constitutes a balanced diet.
CSE’s study -- which tested a host of samples of popular foods such as potato chips, snacks like aloo bhujia, noodles, soft drinks, burgers, French fries and fried chicken -- shows that having just one serving of these foods completely overturns our daily diet chart (see attached study findings).
For instance, the NIN benchmark for the maximum salt that one person should have in a day is 6 gram, while the WHO puts it at 5 gram. The normal 80-gram packet of Maggi noodles that many of us gobble up almost on a daily basis has over 3.5 gram of salt – enough to take care of over 60 per cent of our allowed daily salt intake.
Says Chandra Bhushan: “Which means for the rest of the day, we will be restricted to have food which should contain less than 2 gram of salt. Not a happy choice at all for us in the sub-continent who love to have our salt and eat it too.”
The terror is in the trans fats
Salt, however, is not the real or only problem. The real problem is trans fats, or the ‘bad fats’.
The WHO says that in a balanced diet, a maximum of 1 per cent of total energy should come from trans fats. Therefore, an adult male can have 2.6 gram of trans fats per day, while an adult female can have 2.1 gram and a child (10-12 years) can have 2.3 gram.
CSE’s tests reveals a dirty truth of misinformation, misbranding, wrong labelling and obfuscation indulged in by companies, some of whom are on the top of the charts. They show that many junk foods claim they have ‘0’ trans fats; some don’t even bother to mention how much trans fats they have. A child who eats one of those immensely savoury MacDonald’s Happy Meals finishes up 90 per cent of all his daily requirement of trans fats. The packet of Happy Meal makes absolutely no mention of this massive dosage of trans fats!
Top Ramen Super Noodles (Masala) claims there is zero trans fats in every 100 gram – the CSE study found 0.7 gram per 100 gram. Similarly, Haldiram’s Aloo Bhujia says it has no trans fats, but the study found 2.5 gram per 100 gram.
PepsiCo’s Lays (Snack Smart) was sold till February 2012 through huge advertisements to say that these chips are healthy because they have zero trans fats and are cooked in healthy oil – this claim was quietly removed later. When CSE checked, it found as much as 3.7 gram of trans fats per 100 gram of the product in March 2012 batch – which is a dangerously high dose! PepsiCo never bothered to inform consumers.
So what does all this mean for our health?
What makes junk food so unhealthy are the high levels of salt, sugar, fats and carbohydrates in them. Non-communicable diseases such as obesity and diabetes accounted for more than 50 per cent of all deaths in India in 2005; by 2030, they will kill two-thirds of all Indians.
The latest National Family Health Survey (2005-06) says at least one in every eight Indian is overweight or obese. In our cities, the situation is worse: one in every five urban Indian is obese and prone to numerous health disorders that obesity generates.
The CSE study has a deadlier tale to tell. The researchers behind the study say that the heavy doses of trans fats, joined with that of salt – which comes from all the so called ‘fun foods’ --  work together to trigger ill health which can lead to death.
Trans fats are notorious for clogging arteries: they deposit on the walls of the arteries and make them narrower. On top of that, when one has large amounts of salt, the blood pressure increases. The heart has to work overtime to push the blood around, which weakens it considerably.
Says Chandra Bhushan: “And there is enough global evidence to suggest that more and more young people are succumbing to problems of the heart at a much earlier age. At an age when they should have been at their productive best, they are loosing productive life by eating this junk.”
“Coming at a time when the world is struggling to contain NCDs or non-communicable diseases, when schools across the country are banning sale of junk foods on their campuses, when several countries are trying desperate measures such as ‘fat taxes’, this study tells us that we need stronger regulations that will reduce the quota of fats, sugar and salt in junk foods, and ones that will force companies to provide information to the public mandatorily,” says Narain.
For details, please call Souparno Banerjee on 9910864339 or write to him at souparno@cseindia.org

POLICY NOTE & PERFORMANCE REPORT OF FSDA DEPT OF TAMIL NADU

Now, fragrance and flavours body against FSS Act; seeks early amendment

The protests against the Food Safety and Standards Act (FSSA), 2006, have gathered momentum with another leading body – Fragrances and Flavours Association of India (FAFAI) – expressing its displeasure over certain provision of the Act.

According to Ravi Mehra, chairman, flavour sub-committee, FAFAI, the present situation related to the FSSA is as follows: Rules related to multiple licensing and operations; rules related to standards and safety, and safety of the industry from initial turbulence. And hence, “It must be amended at the earliest,” he said.

“To obtain a licence, a food business operator has to obtain a number of permissions and no-objection certificates (NoCs) and submit many documents, in addition to filing returns within two months of the end of the financial year. It is impossible. The tax authorities have a prescribed format to file returns, which is an extra burden to many in the industry. The purpose of this format is to keep records of the turnover and to know the size of the industry. The same can be achieved with the VAT format as well,” he explained.

As far as his industry was concerned, Mehra said that many flavouring agents were not only used for flavouring, but also in fragrances. “To bring flavouring agent manufacturers under the purview of the FSSA Act is by no means an easy task. They might not obtain the FSSA licence, but when their material is to be purchased by a domestic firm in the flavour industry, it has to be from a licensed supplier; however, the same criterion does not apply for imports. Therefore, the local players are bound to suffer,” he said.

The ambiguity over the word ‘flavouring’ is another challenge. “The food flavouring industry is different from the flavouring industry as a whole, and FSSAI should be concerned with food flavouring only. FSSAI's interference in our operations curbs our freedom. Why should we seek their permission before taking basic decisions such as changing, upgrading or modernising our factory designs, which are undoubtedly important but unrelated to food safety,” he complained, adding that placing the factory design at the entrance may serve all FSSAI's purposes.

What irks the industry more is FSSA's categorisation of various products, which is only adding to the confusion. “The categories in the Act are neither nationally nor internationally uniform; they don't comply with the VAT codes or the Customs and Excise codes. What we expect is harmony and not the blatant defiance of the norms, which is the current practice,” said Mehra.

According to the prevalent food import rules, one needs to obtain a central licence (which also applies to ingredients) for commercial trade; this, however, does not encompass all-purpose imports. “The ambiguity is because import is for two purposes. The rule for import for domestic consumption (when imported by an actual user industry) does not apply to import for commercial trade (when imported by a trading house),” he explained.

“On the one hand, India prides itself on its proficiency in the field of information technology; on the other, it has succumbed to multiple licensing, and the industry is paying a heavy price for it,” he said, adding that software for a single-licence system was the need of the hour.

The terms ‘food additives’ and ‘flavourings’ are not interchangeable. Using flavouring agents in foods does not make sense because most flavouring agents are neither directly added to food nor should be added to it. They are diluted in solvents and then added to food in traces.

Doctors and consumers keen to know the cause of allergies opine that the labels on food containers should have three categories of ingredients: active ingredients, functional additives (other than flavourings) and flavourings and colourings.

Overseas, food additives are codified with ENS/INS numbers. This cannot happen to flavours such as vanilla, orange, chocolate, etc. The addition of flavouring is minimal in traces, less than one per cent. There is favourability in FSSA to such additions in traces.

Mehra said, “In India, the labelling of flavours are mixed with that of any other food product; and some high-end players also advocate such mixtures. Overseas, the labels on the flavours aren't the same as those of the final product.”

Citing the examples of countries such as South Africa and China, he said, “The flavour industries in those countries are more advanced than the Indian flavour industry, and there is simplicity in their labelling.”

He predicted that the development of the Indian flavour industry will not be on the basis of growth of business, but on the fundamental development of import substitutes; new development of flavouring agents and indigenous solvents.

“The FSSAI must become more liberal on legislations not related to food safety. We cannot remain dependent on imported raw material for a long time. We should question the Act and ensure that high standards are followed in India,” he said.

Mehra termed India as a country which was not developing but “quite happy to be struggling with our turnovers,” while others showed remarkable growth on many fronts. “We are voicing our anguish about issues that aren't concerned with safety whatsoever,” he said.

“The FSSA is actually a deterrent to any new player who wants to enter the food business. It must focus on the development of the indigenous food industry, instead of merely aping the rules laid down by other countries,” he said.

Food safety officers have replaced the food inspectors, who were the regulators during the Prevention of Food Adulteration (PFA) regime. They now have wider discretionary powers, including the power to levy heavy fines to the industry.

“Right now, I think FSSAI is working in tandem with consultants and is not taking the industry into confidence. From August 5, 2012 onwards, we expect a larger section of the industry to benefit,” Mehra said.

“As far as the micro-sector is concerned, they need time to understand the Act. Initially, the regulators should not fine the smaller players heavily but send them improvement notices, so that they can take all the regulations seriously and adapt to the objectives of the Act,” he said.

“At various forums, I have heard FSSAI officials reiterate their 'target': issuing five crore licences to food business operators across the country. With a population of over 120 crores, it is ridiculous to even come up with a ratio of 1:24. The studies don't make sense,” Mehra said.

“All food business operators haven't been taken into confidence. The FSSAI seems to be interacting only with a few affluent ones in Delhi. Have they bothered to find out what ails the micro-food operators in various parts of India, including our very own Dharavi,” he opined.

Another point he raised is that training and education must be imparted to the micro-industry to avoid the mass closure of their businesses. They must improve and adhere to the Act. “Currently, there is no awareness campaign for them either,” he observed.

Mehra signed off by saying, “FSSAI claims they are open to suggestions. And we have raised some. I am in constant touch with the authorities. I hope they will look into the simplification of the rules.”

MP CM urges PM to reconsider FSSA decision as protests continue in state

Food merchants across Madhya Pradesh have been showing complete support to a call for three-day statewide bandh that began on Monday. They are opposing certain provision of the Food Safety and Standards Act (FSSA).

Most of the stores in Bhopal – save a few shops that cater to the daily needs of the residents of the city – downed their shutters, as did the food markets in Indore; Ratlam; Jabalpur; Gwalior; Ujjain; Sagar; Rewa, etc.

Babulal Rathi, president, Ratlam Vyapari Mahasangh, said, “The Act favours multinationals who wish to set up shop in the state and could wipe out small traders.”

“We believe the infrastructure is inadequate and the law is too difficult for the average trader to comprehend, let alone follow. We're seeking remedial action on these, because whenever I read the Act, I see a new loophole emerging,” he said.

“So far, the bandh has been peaceful, but if the government does not pay heed to our demands, it could become indefinite and cripple the state,” Rathi said, adding, “Our meeting with the collector of Ratlam was fruitful.”

He said media reports on the bandh boosted the traders' confidence; but the same cannot be said about the local food safety officers' excuses. “They visit vendors of namkeen, which Ratlam is noted for, and penalise them on the grounds that it is adulterated,” he said.

Concern for small traders
Rathi has found a supporter in none other than Shivraj Singh Chouhan, chief minister, Madhya Pradesh, who believes that the FSSA will be detrimental to small-time traders and commoners, and that international players will benefit.

Chouhan urged Prime Minister Dr Manmohan Singh to reconsider the Act within a stalled time frame, and that until the Centre deliberated on the issue, none of its provision would be implemented.

The chief minister observed that the ones who run roadside stalls and sell food on handcarts could feel the pinch more than others, and hoped the Centre would keep the arrangements for making safe food available to everybody under the Act within the framework of practicability.

Energy drinks, weight loss drugs come under FDA scanner, raids to continue

After 16 lakh cans of energy drink Red Bull worth Rs 6.5 crore were seized by the state Food and Drugs Administration (FDA) last week , the authority is now tightening noose around various other beverages mushrooming in the market.
A team of FDA inspectors had seized the stock from two different distributors in Thane and Vikhroli. Officials said the raid was conducted after studying samples of the drink, which showed that the caffeine content in it was beyond permissible limits and further raids of such products will continue.
“Manufacturers claim that these drinks are non-carbonated and boost energy. But you can clearly see and taste the fizz. Consumers must not get fooled by such gimmicks, especially when they are being consumed largely by youngsters,” said G Rathod, Joint Commissioner (Food) of the FDA.
Rathod said the caffeine content in the drink was found to be as high as 250 parts per million (ppm). According to the Food Safety and Standards Authority of India (FSSAI), carbonated drinks are permitted to contain 145 ppm. However, a recent ruling by the Madras High Court said the FSSAI did not have specific norms for energy drinks owing to which Red Bull was exempted from the regular standards maintained for carbonated drinks. “Considering the legal situation, we can’t take any further action apart from seizing stocks,” Rathod said.
A spokesperson from the Mumbai office of Red Bull said the FDA’s action came as a shock. “We are a global brand complying with both national and international standards. The caffeine level in Red Bull is very much within permissible standards. We did not expect this sort of a move by the Maharashtra FDA,” the spokesperson said.
The FDA has also come down on weight loss drugs. Following complaints from consumers, notices were sent to companies manufacturing weight loss drugs which showed serious side effects, such as drastic weight increase and skin problems. “We have already started analysing samples of weight loss capsules. Many of them showed an extremely high level of fat. Necessary action will be taken against the defaulter companies,” said a senior official from the Drugs department of the FDA.

E Coli bacteria found in idli samples

PUNE: Idli samples sent for testing to the State Public Health Laboratory were found contaminated with E Coli bacterium, certain strains of which can cause food poisoning and may even be life-threatening.

On Saturday, 132 students of a civic-run school had been admitted to different hospitals with complaints of vomiting and nausea after they ate idlis, served under the mid-day meal scheme.

Based on the laboratory results, the Food and Drug Administration (FDA) has now decided to file a criminal case against the mid-day meal service provider, Sai Vyavasaik Gat, a self-help group.

A person infected with E Coli bacteria can experience abdominal pain, nausea, vomiting, fever, fatigue and diarrhea. A healthy adult will usually make a full recovery from the infection within 3 or 4 days. However, young children, elderly individuals and patients with a weakened immune system can develop potentially fatal HUS (hemolytic uremic syndrome), a type of kidney failure, said infectious disease expert Bharat Purandare.

"The lab report has made it clear that the idlis served under the mid-day meal scheme were contaminated and unfit for human consumption. We are now going to seek the consent of the FDA commissioner to file a criminal case against Sai Vyavasaik Gat," said Chandrashekhar Salunke, joint commissioner (food), FDA.

"E Coli bacteria isolated in the sample can cause food poisoning, hence it is unfit for human consumption," states the SPHL's lab report.

The Food and Drug Administration (FDA) has already issued notices to the mid-day meal provider, the grocery shop owner and the operator of a flour mill - all located in Parvati - for violating provisions of the Food Safety and Standards Act, 2006, on Monday.

Chouhan urges Centre to reconsider Food Safety & Standards Act

Bhopal, Apr 11 : Coming out in support of the agitating food item traders, Madhya Pradesh Chief Minister Shivraj Singh Chouhan has urged the Centre to reconsider the Food Safety and Standards Act 2006, saying its provisions are against the small-time businessmen.
The Chief Minister, who held a meeting with a delegation of traders here last evening, said that the implementation of the Act will adversely affect the livelihoods of small-time businessmen and common people, official sources said today.
He said that the Act will benefit global food companies at the cost of common people and small businessmen and therefore, provisions and rules of the Act should be reconsidered within a specific time-frame and its implementation should be stalled till then.
Chouhan said that although the Union Government’s intention is to make healthy and safe food available to people, it should also ensure that small-time businessmen do not lose their livelihood.
“It will become difficult for small-time traders to run their business on roadside handcarts like those selling kachori, sweets, grocery items, confectionery and milk, among others,” he said.
Recently, Chouhan had also written a letter to Prime Minister Manmohan Singh, in which, he had said that small-time traders will be forced to close their businesses after the implementation of the Act.
Following a call of strike given by the Confederation of All India Traders, shop owners selling food items, restaurants and grocery shops had started their three-day strike from April 9.
The traders also met the Leader of Opposition (Lok Sabha) Sushma Swaraj last night at her Bhopal residence and urged her to intervene on the issue.

FOOD SAFETY MANAGEMENT SYSTEM & CERTIFICATE

Nagpur bench of Bombay HC asks VTA, NRHA to withdraw PIL against FSSAI

The Nagpur bench of the Bombay High Court, on Tuesday, asked the Nagpur-based Vidarbha Taxpayers Association (VTA) and Nagpur Residential Hotels Association (NRHA) to withdraw the Public Interest Litigation (PIL) filed by them against the Food Safety and Standards Authority of India (FSSAI).

The two bodies had filed a PIL seeking the court's assistance in withdrawing certain "unconstitutional" clauses in the Food Safety & Standards Act, 2006 (FSSA 2006), and the Food Safety & Standards (Licensing and Registration of Food Business) Regulations, 2011.

The PIL had alleged that the Authority did not consult the affecting parties before enacting the Act. Also, the implementation of the Act in the present form, could prove to be a breeding ground for corruption and Inspector Raj, it said.

However, the court asked for certain circumstantial evidence to substantiate such
allegations.

"It will be difficult for us to get such documents but we are going to file again as the High Court has withdrawn the PIL by giving the liberty to file again. If the court is still not satisfied, we may think of challenging the Order in the Supreme Court," said Tejinder
Singh Renu, secretary, VTA and NHRA.

Strike in Ratlam
Meanwhile, a trade body from Ratlam, Madhya Pradesh, has announced a three-day strike against "far-fetched" clauses of the FSSA. This seems to be among the series of agitations that the country has witnessed in recent times against the Aug 5, 2011, implementation of the law.

While the Authority has been promising to review the law, campaigns are intensifying in states like Madhya Pradesh, Tamil Nadu and Kerala.

Guj. FDCA raids ice cream maker for selling products as frozen dessert

Acting on a tip-off, officials of the Gujarat FDCA (Food and Drug Control Administration) raided the manufacturing plant and storage facilities of Vadilal ice creams at Gandhinagar, Gujarat, on Saturday. This was informed by Dr H G Koshia, commissioner, FDCA, Gujarat.

“Our team had found that some of the flavours of Vadilal ice creams were sold as frozen dessert, which was printed in small letters on the products,” Koshia explained.

Not only the aforementioned brand, Koshia added that many of the top brands by mentioning frozen dessert in small print but selling the product as ice cream, were taking the consumers for a ride. According to him, edible vegetable oil, the ingredient mentioned on frozen dessert, was not permitted in ice creams and ice creams were expected to be products made of milk fat. Thus the consumers were getting cheated in the process.

He added, “Using edible vegetable oil is against the law and hence the products of Vadilal have already been sent to the laboratory for testing. We are waiting for the results.” When contacted, representatives of Vadilal refused to comment on the issue.

It may be noted that under the new Food Safety and Standards Regulations (FSSR) 2011, use of edible vegetable oil entailed the product to be termed as frozen dessert, while only those products which contained milk fat could be called ice cream. But most of the times, for the buyer, there is no clarity on the difference between the two and their ingredients. Hence, erring manufacturers are likely to face legal action.

In this regard, it was found that not only Vadilal but other top brands like Kwality Wall's and Pastonji were resorting to such practices. HUL’s Wall’s is one of the most popular brands, in spite of calling itself frozen dessert.

Interestingly, Pastonji was selling its products as medium fat frozen dessert, but surprisingly, mentioning the ingredients same as Amul, the brand which has been selling its products as ice cream. Both Pastonji and Amul have the ingredients mentioned as milk, milk products, water, sugar, liquid, glucose, nuts and emulsifying and stabilising agents and permitted colours.

Koshia felt that apart from fair business practices expected from manufacturers, the consumer also needed to be educated. In this regard, Gujarat has launched a Mobile Exhibition Van recently. The van helps in creating awareness in the remotest corners of the state. The Gujarat FDCA has also launched primary testing kit that helps in identifying adulteration of food.

Jolt for FSSAI as Nagpur bodies move HC against “unconstitutional” FSSA

Challenging the constitutional validity of the provision of the Food Safety & Standards Act, 2006 (FSSA 2006), Nagpur-based Vidarbha Taxpayers Association (VTA) and Nagpur Residential Hotels Association (NRHA) have filed a Public Interest Litigation (PIL) with the Nagpur bench of the Bombay High Court.

The PIL has been filed against the Food Safety and Standards Authority of India, (FSSAI), the union ministry of health and family welfare, ministry of law & justice, legislative department, and the Food and Drug Administration, Maharashtra.

Calling certain provision of the FSSA unconstitutional, the PIL also challenges the legality, validity and propriety of the Regulation No. 2.1.2 of the Food Safety & Standards (Licensing and Registration of Food Business) Regulations, 2011.

According to the petition filed by Tejinder Singh Renu, secretary, VTA and NHRA, the provision engrafted in the FSS Act appear to harm even innocent traders and others. It said that the law is passed without the traders, merchants, businessmen, etc., concerned in this field. “It is good to have such a law but at the same time it is very difficult to imagine that such a law can be implemented in a most haphazard manner or in a haste shutting eyes to the pragmatic practices and the practices of food business prevalent in India,” said the petition.

The PIL has accused the Authority of enforcing a law which is immensely vague. It is a settled democratic principle that, every wing of the government be it the executive, the legislature or the
judiciary has to separate grain from chaff in respect of issues before it. While drafting a law like the FSS Act, 2006, the target persons must be the one who are engrossed in food adulteration and
black-marketing. However, in catching hold of such persons, the FSS Act, 2006, sounds to be a good prospect but, it may cause more harm than good by implementing the penal, harsh and draconian provision even against the bona-fide food business operators due to its immense vagueness, the petitioners said.

Before the FSSR was enacted (Aug 5, 2011) the petitioners had sent suggestions to the FSSAI in framing regulations and specifying standards under the Act. They suggested that the FSSA, in spite of its niceties, was a glaring example of absurd provision vaguely worded. Further, it treated all food business operators at par without taking into account the prevalent practices in the country. “By and large, the FSSA would provide a fresh lease of life for Inspector Raj and this would increase the rate of corruption chaotically,” the petitioners said.

The FSSAI did not acknowledge the suggestions and comments sent to it for a long time. Till then on August 5, 2011, the FSSR had already been brought into force.

The petitioners then moved an application under the RTI Act, 2005, seeking information about the provision of the FSSR, 2011, etc. as also about the suggestions, objections, comments, and hearings etc., invited by it on the Act, Rules and Regulations. The FSSAI’s reply revealed that no hearing was ever called upon before preparation of the Rules & Regulations under the FSS Act, 2006. The PIL has called this as illegal and improper. It said that the framing and implementation of the FSS (Licensing & Registration of Food Businesses) Regulations, 2011, is per se contrary to the provision of Section 18(2)(d) and 18(2)(a)(i).

Section 18(2)(d) of the FSSA says that the Food Authority shall, while framing regulations or specifying standards under this Act, shall ensure that there is an open and transparent public consultation, directly or through representative bodies including all levels of panchayats, during the preparation, evaluation and revision of regulations, except where it is of opinion that there is an urgency concerning food safety or public health to make or amend the regulations in which case consultation may be dispensed with, provided that such regulations shall be in force for not more than six months. Further, Section 18(2)(a)(i) of the FSS Act, 2006, reads that the Food Authority shall, while framing regulations or specifying standards under this Act, take into account the prevalent practices and conditions in this country including agricultural practices and handling, storage and transport conditions.

The PIL said that the FSSAI has enforced the FSSR 2011 without ensuring that there is an open and transparent public consultation either directly or through representative bodies including all levels of panchayats.

The petitioners claimed to have made a representation wherein they suggested variegated changes in the drafts etc. of these regulations but the FSSAI neither acknowledged the same nor granted any opportunity of hearing to any person. “It is difficult to imagine that, in a country having a population of 1.2 billion and more not even one person wanted a consultation on these Regulations more particularly when the FSSA 2006 and the Regulations take within their sweep all the food business operators at all levels whatsoever,” read the PIL.

In its reply to the RTI filed by the petitioners, the FSSAI categorically admitted that no hearings on the objections were called for and no personal hearings have been conducted for any suggestions/comments. “In light of this statement of the FSSAI, the FSSR is unsustainable in law and need to be struck down forthwith,” the PIL said.

Further on Regulation No. 2.1.2 of the FSSR (Licensing & Registration of Food Businesses) it said that it was contrary to the principles of equality enshrined U/A. 14 of the Constitution of India. It may be noted that, wherever arbitrariness steps in Article 14 comes into picture.

Regulation 2.1.2 of the FSSR talks about obtaining a valid licence or registration for food business operations. The requirements of Schedule IV, as per the regulation, appear to be mandatory for every food business operator irrespective of whether a food business operator already carries on such a business or a new venture is proposed to be commenced by a person.

According to the PIL, it is nothing but arbitrary to treat the food business operators who are already carrying on their businesses and the food business operators intending to commence their businesses at par. There must be separate guidelines for them. Thus Regulation No. 2.1.2 is violative of Article 14 of the Constitution of India.

Further, the broad width and contours of the FSSA try to include food business operators at all levels be it a street food vendor or a seven-star rated hotel. In other words, the settled principle of law of equality that injustice arises when equals are treated unequally and when unequals are treated equally, is flagrantly violated by the provision of the FSSA and the FSSR. Thus, for not appreciating the rational intelligible differentia in framing and implementing the FSSA and the FSSR the PIL has asked that these regulations, more particularly Regulation No. 2.1.2, needed to be struck down as they were unconstitutional and violative of Article 14 of the Constitution.

For the same analogy and argument, Section 31 of the FSSA needed to be effaced from the Statute Book.

Further, the PIL said the entire quasi-judicial structure of authorities set up under the FSSA for implementing the provision of the Act was contrary to the test of impartiality. The theme and scheme of the FSSA revealed that a quasi-judicial institutional structure had been set up thereunder with powers to unilaterally decide the non-compliance with the provision of the Act.

“It is difficult to imagine that the authorities, entrusted with the function of discharging quasi-judicial functions prescribed under the Act, can act independently and with impartiality,” the petition said.

It is a fairly settled law all over the globe that an accused is presumed to be innocent till his guilt is proved. However, the authorities entrusted under the FSSA and the rules and regulations made thereunder were the limbs of the FSSAI and were bound to presume that a person accused of any delinquency under the Act was guilty and must establish his innocence.

Further, the PIL pointed out that certain provision of the Act were vague. For example, Section 50 of the FSSA 2006 read: “Penalty for selling food not of the nature or substance or quality demanded. Any person who sells to the purchaser’s prejudice any food which is not in compliance with the provisions of this Act or the regulations made thereunder, or of the nature or substance or quality demanded by the purchaser, shall be liable to a penalty not exceeding five lakh rupees. Provided that the persons covered under sub-section (2) of section 31, shall for such non-compliance be liable to a penalty not exceeding twenty five thousand rupees.”

The wordings of this Section are vague. According to the petitioners, the expression nature, substance and quality demanded by the purchaser is not capable of independent adjudication as considering the prevailing Indian practices it is difficult to imagine that there can be any proof of what purchaser demanded and what was sold to him.

Also, the purchaser is likely to take undue advantage of the expression underlined in Section 50. When the Act was meant to be fair by the food business operator it was also needed that consumers and purchasers be fair to them reciprocally. Hence, such provision, particularly the expression underlined in Section 50, needed to be struck down as arbitrary and unreasonable. This Section violated the right to carry on business, trade and occupation as enshrined U/A. 19(1)(g) of the Constitution of India.

The PIL has also pointed that certain provision of the FSSA and the rules and regulations give unfettered discretion to the Authorities. These should be scrapped for the simple reason that if the officers do not exercise their discretion in a sound and judicial manner the aggrieved person would be rendered remediless.

“It is erroneous to say that the Food Safety Appellate Tribunal set up under the Acts can give an independent decision to such a person,” said the PIL.

Notably, there is no provision under the FSSA earmarking the accountability of the commissioners and other officers appointed to ensure the execution of the provision of the Act.

Hence, this provides a space for sowing the roots of corruption. The FSSA, though not unsustainable in totality, needs to be reviewed and until the same is done by Parliament the implementation of its vague provision must be stayed during the pendency of the present petition else it would result in causing irreparable loss to the food business operators.

The PIL is listed for hearing on April 10.

Uttar Pradesh schools to ban sale of junk food

 

Uttar Pradesh: The move was initiated by the Secondary Education Council following instructions from the federal Health and Family Planning ministry.
The Uttar Pradesh government has asked all schools in the state to ban sale of junk food within their premises and outside, an official said today. A senior government official said the move was initiated by the Secondary Education Council following instructions from the federal Health and Family Planning ministry. In a letter addressed to principals of all schools, secretary of the UP Madhyamik Shiksha Parishad (Board of High School and Intermediate Education) asked to ban sale of all forms of junk food, carbonated cold drinks and high sugar containing food from their campuses.
The letter said consumption of such food items leads to a host of diseases, including diabetes, high blood pressure and piled up cholesterol levels. The letter specifically mentioned the high trans-fat levels in foods sold in different forms like wafers, salted and fried items. The official letter has encouraged school managements to promote healthy and nutritious food amongst school going children. The letter also warned strict action against the district inspector of schools of that area, if the orders were not implemented.

Hotels, restaurants to go on three-day strike from Apr 9

INDORE: After jewellers, it is now the turn of hotels, restaurants and groceries in the state to go on strike. The MP Food Manuifacturers and Retailers' Association will launch a three-day state wide strike from Monday to protest against the Food Safety and Standards Authority of India Act, 2006 that came into effect from August last year.
The Act that is being termed 'draconian' by the association will affect about 8400 traders in Indore and 60,000 across the state.
The Food Safety Administration (FSA) has already issued advisory to all the traders to comply with the norms. Negligence or violation of the provisions of the Act could land a trader six months imprisonment and/or Rs five lakh fine.
The Act makes it mandatory for traders to appoint a consultant, qualified not less than BSc, to monitor their activities and certify that their establishments were abiding by the norms as set by the Act.
There are more than 45 various associations of traders that are participating in the strike. Besides, they claim to have participation of malls and retailer chains too, including Reliance Fresh, Big Bazar and Easy Day. Even milkfood retailers and pan masala vendors have also joined the move.
Talking to ToI, Vikas Jain, general secretary, MP Food Products Manufacturers & Sellers' Association, said "We will march to the Parliament on April 24 if the government fails to act on our demands".
Jain claimed that the strike was getting active support from their counterparts in states like Gujarat, Maharashtra and Rajasthan. "We are already in touch with them", he added.
Rajkumar Gupta of Prakash Namkeen, said that on a daily basis, we sell salted food items to the tune of 10-20 tons in Indore alone with a daily turnover of Rs 10 crore. This would be affected by the strike.
While the chemists are also with us, they have promised to keep their shutters down for a day keeping in view the urgency of the need of life saving drugs, said Gupta.
Hotels in the city are learnt to have stopped fresh bookings of guests for the next three days. Only those who had booked for advanced stay will be able to stay in the hotels, said a source.
The MP Food and Manufacturers & Retailers Association held a meeting at Gandhi Auditorium in Indore on Saturday evening in which several traders took part by staging slogans against the Act and spotting a black ribbon on their arms in protest against the law.
Meanwhile, a heavy rush was seen at the grocery shops as people have started stocking provisions.
Milk vendors also join
Milk and food retailers too have also joined the bandwagon by joining the strike. Ashish Patodi, executive member of Indore Milk Sellers' Federation, said that on an average a milk vendor is able to sell milk products to the tune of 100-200 litre per day. So, it is impossible for them to abide by the norms which requires them to produce safety certificate every now and then to the competent authorities. Again, it is quite difficult for us to appoint a consultant, who will be a science graduate and who will provide us certificate for the product. Tell me who will be ready to do such job after getting qualified? he asked.

'Corporation should not interfere'

KOCHI: In the wake of Kochi Corporation seizing stale food from various eateries in the city, Kerala Hotel and Restaurant Association (KHRA) has come out strongly against the civic body. “The Corporation is not authorised to check the food served in eateries. According to the Food Safety and Standards Act-2006, it is the duty of the food safety authorities. When there are food inspectors to do the job, the Corporation should not interfere,” said KHRA president G Sudhiesh Kumar. “Moreover, the Corporation does not have the equipment to test the food. If the Corporation authorities can spot ‘stale food’ just by looking at the food, then why do we need laboratories to conduct the tests? The only possible reason behind the Corporation’s action is that they want to levy fines from the restaurant owners,” added Sudhiesh.
Meanwhile, the District Medical Officer (DMO), who is also the District Health Officer, noted that the District Health Authorities conduct raids in the eateries in the panchayat areas while the corporation checks the restaurants within the city limits. “The health department of the corporation regularly keeps a tab on the conduct of the eateries in the city. Meanwhile, our health inspectors take care of the eateries in the outskirts of the city and in the panchayats,” said Dr R Sudhakaran, DMO. “As far as we know, the health department of the Corporation is authorised to conduct raids in the eateries,” added Dr Sudhakaran.

G.O FOR ENHANCED D.A

Mid-day meal incident: 120 discharged from hospitals

PUNE: Barring 12 children, 120 students of the municipal school at Janata Vasahat in Parvati, who suffered food poisoning on Saturday, were discharged on Sunday. A total of 132 students were admitted to different hospitals on Saturday after they complained of vomiting and nausea after they ate food served under the mid-day meal scheme.
"Children who are still in the hospital are likely to be discharged on Monday," said city health chief S T Pardeshi of the Pune Municipal Corporation (PMC).
The Poona Hospital had admitted 85 students. "Barring three students, all the 82 children were discharged on Sunday," said paediatrician Lalit Rawal of the Poona Hospital and Research Centre.
The three children who are still under observation at hospital are likely to be discharged early on Monday, Rawal added.
"Two of the three students vomited even after they were administered medicines. Hence, they have been kept under observation for extended period
. One student complained of nausea and vomiting on Sunday, hence he was admitted to the hospital. He will be discharged tomorrow," Rawal said.
Total 29 students were admitted to the Deenanath Mangeshkar Hospital and 18 to the Global Hospital.
Service provider didn't have FDA registration
The Sai Vyvasayik Gat, a self-help group that had been acting as a service provider to the civic-run school for mid-day meal, was found to be running the business without seeking the mandatory registration from the Food and Drug Administration (FDA).
"We are going to issue a notice to the Sai Vyvasayik Gat for not seeking the mandatory registration. A penalty up to Rs 2 lakh can be slapped for this violation under Food Safety and Standards Act, 2006," said Chandrashekhar Salunke, joint commissioner (food), FDA. Besides, a fine up to Rs 1 lakh can be separately imposed for not adhering to the hygiene standards laid down in the Act for preparing food.
"The idlis, which were served to students, were prepared in unhygienic conditions," Salunke said. According to inspection report, the food was prepared under a tin-shed in a congested 8x12 room, which had less ventilation.
The Pune Municipal Corporation (PMC) has suspended its contract with the Sai Vyvasayik Gat.

Specify contaminant level in water used for food: Panel

An expert committee on water constituted by the Food Safety and Standards Authority of India (FSSAI) has proposed that standards should specify the “maximum contaminant level acceptable for the water as an ingredient of food” and the adjacent column of “permissible limit” in the absence of “alternate source” to be deleted.

Also, with regard to the pesticide residues it has been suggested to prescribe limit of total pesticide residue of 0.0005 mg/lt as prescribed in packaged drinking water standards.

As per the FSS (licensing and registration of food business operators) Regulations, 2011, it is mandatory to provide analyst’s report of water to be used as an ingredient of food while applying for license to state/ Central licensing authority.

The expert group under the chairmanship of then CEO VN Gaur deliberated upon the Standards for Water used in Food during its manufacture, preparation or treatment.

It opined that the standards of water were drafted for the food business operators who had commercial interest and therefore it was their responsibility to source water from appropriate places and maintain the desired quality of the water.

In Table 2.2 of the draft the general parameters concerning substances undesirable in excessive
amounts the free residual chlorine mg/l max are given. It was suggested to be modified to 0.2 mg.

The expert group also suggested corrections to be made to the table 2.6 of the draft. Accordingly, for the bacteriological quality of water, the draft will now mention as below:
a. Enteric Viruses (Viz. Rota) – Shall not be detectable in any 100 ml sample
b. Protozoa (Viz. Entamoeba, Giardia, Cryptosporidium) – shall not be detectable in 10 litres of sample.

With the above suggested changes expert group recommended the draft standards for water as an ingredient of food may be placed before the scientific panel for food additives, flavourings, processing aides and materials in contact with food for further evaluation and recommendation.

Similarly the draft definition of “non-carbonated water-based beverages (non-alcoholic)” was critically examined by the expert group and suggested the following changes:

a. The definition of the non carbonated water based beverages should be categorised and revised as follows:

i) Water-based beverages with added fruits/vegetables, aromatic and herbal flavours: This includes fruit flavour ades, fruit juices/pulp/puree/concentrated fruit juices, herb-based drinks (e.g. Iced tea, fruit flavoured iced tea), lactic acid beverages (buttermilk), used as single ingredient or in combination but less than 10% of fruits/vegetable content and less than 5% of lime/lemon content. Or containing extracts, essences and /or aromatic substances of herbs, edible parts of plant (considering their safety factor regarding consumption) (e.g. seeds, leaves, bark, stems, roots etc.), natural or nature identical flavour concentrates not more than 0.05% used singly or in combination with or without added artificial sweeteners permitted under FSS Regulation (3.1.3).

ii) Water-based beverage with added micronutrient: This may contain added vitamins, electrolytes, minerals with or without permitted sweeteners, additives and may also contain ingredients mentioned in category i) to be used singly or in combination but not more than the limit prescribed for these ingredients in category i).

a. It was pointed out that safety aspect of the parts of plants used in water based beverages should be added in form of a foot note. A reference of the herbs which can be used and those which are permitted should be mentioned as foot note.
b. Experts opined that special reference should be given as a foot note for psychotropic substances like opium etc. derived from plants and herbs, which shall not be used in these water based beverages.
c. Good established practices for use of the flavours, extracts, their limit of addition etc. should be a part of the foot note. Additional information on existing practice of addition of flavours in the water based beverages and its quantity in percentage may be obtained from the manufacturer's association.
d. The expert group opined that necessary addition to be done in category 2 of water based beverages that herbal water should contain flavours of natural origin only.
e. The group suggested that the statement under provision 2.10.6, para 2 “shall not be packed, distributed or sold in returnable containers”, should be deleted .
f. It was asked to collect data regarding the use of natural/ nature identical flavours in water from European Union, USA, UK/CODEX.

Further, the expert group deliberated on the representation submitted by the packer of Natural Spring water under the brand Mulshi Spring. The expert group opined that the Natural spring water was obtained directly from natural sources springs artesian well, or from an underground water bearings strata for which all possible precaution needed to be taken within the protected perimeters to avoid any pollutions or external influence on the water quality. Spring water required to be collected under conditions, which guarantee the original natural bacteriological purity and chemical composition of essential components and need to be bottled at the point of emergence of the source under hygienic conditions. It was not subjected to any chemical treatment as such as pasteurization, ionization, or ozonation. Keeping in a view, risk associated with the natural spring water specific standard need to be laid down.

In light of the issues mentioned above and deliberations of the expert group on the same, Chairperson suggested that more information on natural spring water may be obtained from the applicant and standards prescribed for the natural spring water by the international agencies / countries (USA, UK, EU, Codex etc) may be obtained and specific standard to be drafted for the appropriate consideration and recommendation by the Expert Group / Scientific Panel.

Three-day bandh in MP from today

Food product makers, wholesale dealers and retailers, restaurant owners, supported by pulse processors across the state will observe a three-day bandh in protest against the Food Safety and Standards Act, 2011.
Calling the Act “anti-trade, anti-reform, which will encourage licence and inspector raj in the country,” all retail outlets and eating joints will remain closed for three days starting tomorrow (9th, 10th and 11th April), in protest of the Act.
Speaking to Business Standard, Ramesh Khandelwal, president of MP Food Products Nirmata Avam Vikreta Mahasangh, said, “They want us to prepare an audit report, obtain clearance from state pollution control board, get no-objection certificate from municipal corporation, medical certificates of workers, graduate technologist and a separate audit report made from milk. Is it possible? In a large economy like India, it is impractical. We will observe a three-day bandh from today across the state.” Meanwhile, dal processors association has also supported the protes. Association president Suresh Agrawal has termed the Bill against trade lobby and said it will encourage babus to extract bribe from retailers, small businessmen and manufacturers. “We will fully support the three-day bandh,” said Agrawal.
The traders are opposing separate licence for each enterprise, separate audit reports for various products. For example, the pulse processors are protesting the exemptions available on wholesale of 20 kg packages. They are also protesting the mandatory licencing for micro small entrepreneurs like those who specify grades for foodgrains like wheat.
More importantly, they have strongly opposed the Act for allowing district authorities to fine at their discretion. “This would trigger further corruption and would allow government machinery to harass the processors,” Agrawal said.
“This Bill,” Khandelwal said, “would encourage monopolistic approach of multinational companies and would finish small businessmen, hawkers , street vendors even those who are into wholesale business.” “We want food safety but not at the cost of our business government must improvise the bill in Indian context and revise it further,” he added.

DINAMANI

READ BETWEEN THE LINES - INDIAN EXPRESS ARTICLE

You enjoy a packet of instant noodles believing that it contains no Monosodium Glutamate (Ajinomoto). After all, the food label claims that it has “no added MSG”. Similarly, you help yourself to an extra serving of ‘diet chivda’, confident that it’s a low-calorie snack. Same for a brand of biscuits that says ‘zero trans fats’ and ‘zero cholesterol’.
What if you find that the instant noodles contain MSG, the diet chivda is as calorific and as fat-laden as the normal ones, and the biscuits aren’t what you believed them to be? Chances are that you would feel cheated.
Food laws are not to blame for your dilemma, but the loopholes in the laws are. The law does not make it mandatory for manufacturers to list ingredients that are part of a larger ingredient mentioned on the label, allowing unsavoury ingredients to be slipped in. That noodle snack for example contains ‘hydrolysed vegetable protein’, a taste enhancer used in many processed foods. This ingredient along with others such as plant proteins, textured proteins and yeast extracts often contain glutamate, an active ingredient of MSG. So do other types of ‘flavour enhancers’ in some imported instant noodle brands, widely available in supermarkets. Some soya sauces and soy powder are sources of glutamate as well, as are some spices and condiments. These taste enhancers save companies’ money because they substitute for the real thing.
“Today they are using MSG in everything, even in food sold loose. It’s found even in paneer! In processed food, it is often hidden in the form of flavour enhancers,” confirms Dr Smita Lele, president, Association of Food Scientists and Technologists of India (AFSTI) (Mumbai Chapter) . She explains that glutamate is an amino acid, an ingredient of MSG, and can cause similar reactions.
The issue goes beyond just the health aspects. It isn’t about broken laws either, because laws are anyway not being broken, it’s about consumer choice. Research may have demonstrated that food additives are safe in tiny quantities but a consumer has a right to know what he or she is taking in.
 “It’s a problem, but stronger laws are coming up to prevent false, surrogate and misleading claims,” says Secretary Consumer Guidance Society of India (CGI) Dr M S Kamath. However, these changes are more to do with advertising rather than the labelling. Food Safety and Standards Authority of India
(FSSAI) consumer representative, Vasundhara Deodhar says, “A misleading labelling law is not happening yet, but consumer organisations believe that it’s important as they are a direct form of interaction with consumers.”
Food labels are beyond misleading. They are often undecipherable even though regulation demands that “every declaration made on the package be legible, prominent and unambiguous”. The food labels are ostensibly aimed at the consumer, but in reality can be properly understood only by the food authorities. Terms like anti-caking agent, softening agent and thickener make little or no sense to a layperson. At times, ingredients are reduced to meaningless numbers. Consumer organisations are aware of the problem. “One of our missions is to make the food labels more user-friendly,” promises Deodhar.
A compulsory nutrition label is meant to address this problem, and to some extent it does. Nutrition labels have been mandatory even before the new Food Safety Act was enacted on August 5, 2011. The new Act brought stiff
penalties. Misbranding can result in a `3 lakh fine.
However, as in the case of ingredient labels, nutrition labels can be manipulated by marketers. A manufacturer who makes a song and dance about his vegetarian non-dairy snack being without cholesterol is not lying, but the truth is that plant-based products anyway don’t contain cholesterol. The consumer is being tricked into believing that there is something special about his product.
Trans fat quantities on food packs are another unreliable detail. Despite being one of the nastiest ingredients in your food, you will not be able to keep track of how much trans fat you consume. Even in developed countries like the US (one of the first countries to insist on a trans fat label), food laws dictate that trans fat below 0.5 gram can be expressed as ‘0 g’ on the food content and also per serving size. There is no reason to believe that it is any different in India although Food and Drug Administration (FDA) and other government officials did not confirm this. Consumer and health groups in developed countries are fighting tooth and nail for a more accurate representation of trans fat on food labels, but the powerful processed food lobby (which needs to find an inexpensive replacement for trans fat) is resisting.
Sveta Bhassin, a clinical and sports nutritionist, advises that when it comes to trans fats, people should consume “none at all”. Dr Vijay Surase, consultant interventional cardiologist, says “Trans fats contribute to clogged arteries and raise your LDL cholesterol and lower your HDL cholesterol”. The dangers of consuming artificial trans fats has been linked to the risk of heart disease in several studies like the 14-year Harvard Medical School Nurses study of 80,082 women (2005) and the 10 year Dutch Zutphen Elderly Study (2001) of 667 men. These studies demonstrated that even tiny quantities of artificially produced trans fat are unsafe. It’s worrisome enough that man made trans fats are allowed in many countries, including India, (unlike countries like Denmark, Switzerland Iceland, Sweden, Austria), a misleading label is all the more disturbing because trans fats are being consumed unknowingly.
What adds to the burden are trans fats in restaurant and snack foods sold loose. Fast food, fried food, and bakery products can all contain trans fat, and the law doesn’t require them to label. Companies in developed countries are scrambling over themselves to remove trans fats from food voluntarily, but this is not the case in India. “Over there companies and restaurants have a big stake in doing it. Consumer awareness is high and any news item about trans fat or some undesirable additive and their sales could drop by 20 per cent,” explains Kamath.
At least for now, Indian consumers have to fend for themselves. Restricting portion sizes is one way of doing it. “People need to stick to small portion sizes as indicated on the label as processed and ready to eat foods are not a replacement for home-cooked meals,” says Deodhar. To give a child a full packet of biscuits to satisfy his hunger is incorrect, she says. However, portion sizes can be unrealistically lowered by marketers, confusing consumers.
Considering that almost everything comes in a package nowadays, one has to set limits. A few years of eating synthetic food will take a health toll. “Taking these chemicals in a regular pattern interferes with the hormonal and climatic conditions of the body and can cause problems ranging from undernutrition, obesity, and lowered immunity to diseases like cancer,” says Bhassin. She points out that even home-cooked food and milk contain adulterants and pesticides, so why add to it by consuming chemicals in processed foods?
Deodhar on her part recommends eating processed foods just twice a week, two meals out of 14, and in small portions. This should be done after decoding the food label to check if the food is what it claims to be.
It’s not as if the FDA and FSSAI are not doing their bit to prevent misrepresentation of facts and misbranding. A few years ago, a product called Brain Amaze was boldly labeled ‘Amaze Brain Food,’ with a claim that it provides 33 per cent of the key nutrients children need daily. This claim could not be backed up by scientific evidence. In recent months, the FSSAI has reportedly sent notices to the manufacturers of Maggi multigrain noodles, Top Ramen (oats version), Nutrichoice biscuits, Horlicks, Complan, Heartcare biscuits, Bournvita Lil Champs and PediaSure food supplement, asking them to provide a scientific basis for their claims. The grouse of consumer organisations is not that the FSSAI won’t do its job, but that the media won’t report it when it does. If the products are found to be misleading, the news will be suppressed, as was in the case of Brain Amaze. When the news doesn’t trickle down to the public, the company’s bottomline doesn’t suffer. Empowered and aware consumers can put pressure on companies, and the media’s role in this cannot be discounted.
Consumer rejection is a strong deterrent and without it one has to hope that heavy penalties and the fear of financial loss (if products are forced to withdraw) will make the manufacturers fall in line. The mandated licensing and registration of all food outlets is also expected to help. Once registered, the authorities will find it easier to keep track and conduct checks. However, one of the difficulties in the implementation of the new Food Safety Act is the large “cost impact”, says Prabhod Halde, head product integrity Marico Ltd and vice president AFSTI. He adds that the “high penalty structure may be difficult for small food business operators.” Consumer organisations also see the implementation of the new act, particularly the registration and licensing part as a “herculean task”. However, FDA officials are confident. “We are doing it as fast and as early as possible. Our officers are going everywhere, to the villages, to the gram panchayats conducting awareness programmes asking people to register and get licenses,” says Dilip Shrirao, Joint Commissioner, FDA, Maharashtra.
That there is a shortage of manpower and infrastructure needed to implement the new Food Safety Act is well known. AFSTI’s Lele acknowledged the “severe shortage”, and Deodhar said that more “well equipped government accredited food-testing facilities” were the need of the hour.
Self-audit by companies is a problem solving measure, with higher penalties for companies which lie.“The idea is to make industry more responsible for their own actions,” says Lele. She is confident that this will work in the long term, with results visible in less than five years. Halde too believes that the system will stabilize in time. New product regulations for categorization of foods like health supplements, foods for special dietary uses, and novel foods are expected to streamline the system.
Until then, the consumer has to decode food labels himself. Reading labels does not stop with looking at the expiry date and outwitting the manufacturer does not stop at scanning the nutritional information. It also means trusting your taste buds. Also ask questions, it sends out a strong message to vendors and marketers that you have a high food IQ and they have to get their act together.

List of Consumer Rights
The consumer rights enshrined in the Consumer Protection Act in India

Right to Safety
Consumer has the right to be protected against marketing of goods and services which are “hazardous”.

Right to Information
Consumer’s ‘Right to Information’ is defined as the “the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices.”

Right to Choose
This is  ‘the right to be assured, wherever possible, to have access to a variety of goods and services at competitive prices’.

Right to be Heard
This is ‘the right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate forums’ is referred to as the right to be heard.

Right to Redressal
The consumer has the right ‘to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers.’

Right to Consumer Education
Indian citizens have a right to be educated on consumer protection.

Food facts that consumers should keep in mind
● Fat-free or sugar-free does not mean calorie free.
● No added sugar does not mean sugar is not present in another ingredient.
● Sugar-free products often contain unsafe artificial sweeteners.
● No added MSG does not mean that Monosodium Glutamate or Glutamate is not present.
● Organic is not equal to healthy. That depends on the ingredients used.
● If the salt in grams exceeds the number of calories, the food will be salty.
● Fresh means either frozen when it was fresh, or the ingredient was never frozen but processed when fresh.
● Natural or Real usually means dehydrated and processed, although artificial chemicals may not be present.
● Products containing “100% Real Fruit” or “100% Real vegetables” may contain very little of them.
● A “whole grain food” may be made of whole grain but it could have excessive calories, too much fat, sugar, and salt, or too many food additives.
● Claims like ‘no cholesterol’ or ‘low cholesterol’ or ‘cholesterol free’ are meaningless if present on foods of vegetable origin because plant origin foods hardly contain any.
● The term “light” does not necessarily translate into low fat. This may refer to the texture, colour or taste of the product.
● Zero trans fats does not mean actually zero. Check if ingredients contain “partially hydrogenated” or “hydrogenated” or “shortening” because if they are present, trans fat is present.
● Assume all baked and fried food without labels contain trans fats unless you know they don’t.
● Check nutritional information per 100 gm, not serving size, as serving sizes can be artificially manipulated.

Penalties
● May extend to `5 lakh for sub-standard food.
● May extend to `3 lakh for misbranded food.
● May extend to `10 lakh for misleading advertising.
● Rs 2 lakh for failure to comply with the directions of food safety officers.
● Rs 2 to 10 lakh for possessing adulterant.
● Rs 1 lakh for unhygenic or processing or manufacturing of food.
Punishments
● Six months jail or imprisonment for life and fine from Rs 1 to 10 lakh for unsafe food.
● Jail for six months and fine of Rs 2 lakh for interfering with seized items.
● Jail for three months and fine of Rs 1 lakh for obstructing or impersonating a food safety officer.
● Jail for six months and fine of Rs 5 lakh for carrying out a business without licence.

RECENT REPORT ON PACKAGED AND FAST FOODS

KAALAI KATHIR NEWS

Food Labels: The devil lurks in the detail

DINAMALAR ARTICLE

CSE calling? Go by ethics Mr.CEO!

Late last week, the Centre for Science and Environment hit headlines again. It claimed that of the 16 food brands that underwent scrutiny in its labs, all of them were found to contain more harmful elements as the brands publicly report.

The brands tested included the likes of Maggi, Top Ramen, McDonald's, KFC and Haldiram’s. What the CSE claims is this – that these brands have either misreported or not reported the presence of contents like trans-fats (which causes coronary diseases and reduce the level of good cholesterol), salt (which effects a rise in blood pressure) and sugar (we all know what simple sugar can do!), and therefore these are harmful for the nation’s youth. Take for example the case of an accused.

According to the National Institute of Nutrition (NIN), the maximum quantity of salt an individual can consume per day is less than 7 grams (5 grams as per WHO). As per CSE’s findings, the Rs.10 packet of Maggi noodles contains close to 4 grams of salt, and the company doesn’t even report this on the package. This, therefore, means that during the course of the day, a youngster (Maggi is especially loved by the young) isn’t informed that he/she should not consume more than 2 grams of salt. Legible claim by CSE.

Take for instance another set of accused – Haldiram’s, PepsiCo’s Lays, Nissin Foods’ Top Ramen, and McDonald’s. I wouldn’t want to churn out numbers here proving CSE’s stance, but what is important to know is that each of these brands have been accused for delivering more trans fats than they are allowed or they report.

As per WHO, the trans-fat intake limit for an adult ranges between 2.1 grams to 2.6 grams per day. However, the lab reports have proven that these multinational brands are selling products that contain more trans-fat than they should. Again, the claims made by CSE stand legible and in the interest of the nation’s health and youth.

But the question really is – what has CSE done in all these years in the field of food safety to let us to believe that this time around, its findings will actually be able to force some of the nation’s biggest multinationals to take corrective steps? And can it convince the nation’s youth that besides reducing this matter of food hazard to a heated discussion on a news channel, CSE will perhaps even convince authorities to force the multinationals to hold collaborative testing with it?

Remember the year 2003 when the CSE first reported high levels of pesticides in colas? That created a lot of buzz. I was in my final year of graduation then. For about a couple of months I was careful not to buy a bottle of carbonated liquid. As expected, by the end of that year, I had forgotten that Coke or Pepsi can harm me. Perhaps the whole of India had.

In 2006 again, the labs at CSE spoke and revealed that despite its warnings three years back, the levels of pesticides in colas had not fallen. This time, I had passed out of a b-school and happily employed. Again, the buzz was created – the media elements went loud, known experts criticized the cola companies for not taking necessary action over the years and exposing their brand equity to dangerous winds, parents across the country again got careful about encouraging their children to have fresh fruit juices, and as for me, I again got careful about not drinking colas.

Twice in a matter of four years, PepsiCo and Coca-Cola had been criticized, slammed, reported against, and their brands stood the chance of being boycotted from the Indian market. Today, I am a happy consumer of colas and I not just love the recent ‘Change the Game’ ad of PepsiCo featuring Ranbir Kapoor, but I think the social campaign of Coca-Cola is also very sweet.

So will this recent allegation by CSE make any difference to the ethos of the accused multinational companies? Nothing much will change, nothing much needs to change. In terms of ethics, the right strategy on the part of the companies (in case they do not want to participate in a collaborative test with CSE) should be to reveal the right levels of contents on the package. It wouldn’t be right for them to stick to their claims that their products have permissible levels of dangerous elements (as allowed by the Food Safety and Standards Authority of India, FSSAI). But the question is – in the past decade, if two of CSE lab reports couldn’t affect the cola-vending machines of two multinationals, what will happen with one report involving about 6 multinationals?

At the end of the day, the companies will deliver what they will till the time the consumer is the king. And they should, but ethically. [Isn’t poison and sleeping pills sold in the market?] Remember, when you’re ordering a bottle of Coca-Cola, you know it’s unhealthy. And given the rate at which India is getting educated, am pretty sure, every college-goer knows that a burger or a packet of chips isn’t healthy food either, irrespective of the claims made in TV commercials or by the healthy brand ambassadors!

For the accused MNCs, it’s time they turn to ethical advertising and strategy of selling their products. This way, neither will their noodles or wafer lovers run away and nor will their revenues take a dip! When was the last time you read the content of that chip or noodle packet, or asked for the chemical content of that burger or cola?  Your answer, answers it all!