Poor Response To FSSA Registration

Government may have to extend August 5 deadline,  as traders unhappy with  controversial Act.


The Union governments’ efforts to get Wholesalers and retailers to sign up for the Food Safety and Standard Act (FSSA) 2006, which deals with the manufacturing, processing and sales of all eatable items, have met with little success. As the deadline of August 5 is fast approaching only 50% of the country’s traders have opted for the convergence and done their registration under the new guidelines so far as per the data given by the various trade associations.

 According to The Confederation of All India Traders (CAIT), most of the retail/wholesale traders are not happy with the controversial Food Safety and Standard Act (FSSA) 2006 which not only increase the burden for the traders but gives ample power to the government officials, including the suspension of the license.

FSSA, 2006 is an Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India. The Act was needed to bring out a single statutory body for food laws, standards setting and enforcement so that there is no confusion in the minds of consumers, traders, manufacturers and investors which was due to multiplicity of food laws. The mandate assigned to the Food Authority is laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption.

According to Devendera Thakker, spokesman, Mumbai Mewawala Traders Association.(MMT) the FSSA 2006 is copied from the Western-world which have a different lifestyle, excellent weathers, and quality infrastructural facilities compared to India. “Actually in India we have humid conditions and poor infrastructure along with mixed lifestyle and hence the FSSA 2006 has no relevance here,” he said. 

Thakker pointed out that the wholesale –retail traders of Maharashtra are already under pressure due to various taxation-governmental departments which including Gumaasta-Shop Establishment, Maharashtra Sales tax,  ESIC, VAT, Income Tax, Octroi, APMC, Local Police,  Weight and Measures and Food Safety Act. “The new act will only add the cumbersome process for the traders,” he added.

“Such lengthy process can be easily implemented by the organized sector as well as Fast Moving Consumer Goods Manufacturers (FMCG) multinationals as they have both monetary powers as well as sufficient staff to handle them,” he added further.

“There is no scientific basis for the implementation of the Act, its rules and regulations. Moreover, we are afraid of implementing it - that is where the problem lies. The regulatory approach is wrong, and from the stakeholders’ point of view, it would not be incorrect to say that it isn’t awareness or education, but sensitization which is an absolute must. The law is draconian, and could promote more corruption than there is now,” he said.

Thakker said that The Mumbai Mewawala Traders Association, has already filed a writ petition against   the Food Safety and Standards Authority of India (FSSAI)  in the Mumbai High Court, demanding withdrawal of Food Safety and Standard Act, 2006, which is likely to come up for the hearing during the first week of August.

However, going by the slow rate of convergence and poor response from the retail traders, it is learnt that the Union government is going to extend the deadline by at least six months from 5th August 2012.

DINAMALAR NEWS

DINAKARAN NEWS

Panel approves new global food safety measures

 

The Codex Alimentarius Commission, jointly run by the UN Food and Agriculture Organization and the World Health Organization, for food safety, has recently agreed on a new set of regulations -- including the maximum level of melamine in the liquid milk formula for babies -- to protect the health of consumers across the world.

Other measures adopted include new food safety standards on seafood, melons, dried figs, nuts and spices and food labelling.

The Commission has now reduced the maximum limit of melamine to 0.15mg/kg in liquid infant milk.

Two years earlier, it had  adopted a maximum melamine level of one mg/kg for powdered infant formula and of 2.5 mg/kg for other foods and animal feed.

Melamine can be lethal at high concentrations and has been used illegally to increase the apparent protein content in food products, including infant formula and milk powder.

Milk tainted with melamine has caused death and illness in infants.

Aflatoxins, a group of mycotoxins produced by moulds, are toxic and known to be carcinogenic.

They can be found in a variety of products such as dried fruits, nuts, spices and cereals at high levels if the produce is not stored properly.

The Commission has now agreed on a safe maximum limit of 10 micrograms/kg.

This limit will be crucial to the export sector of India [ Images ], as the country is a leading exporter of nuts and spices.

The Commission also said an emerging public health issue relates to the increased popularity of pre-cut melon slices. Exposed pulp of the fruit can become a breeding ground for bacteria.

This has been linked to life-threatening salmonella and listeria outbreaks.

In India, water melon slices are widely sold by street vendors across the country, especially in the summer.

The Commission says pre-cut melons should be wrapped or packaged and refrigerated as soon as possible and distributed at temperatures of four degrees Celsius or less.

Cooling and cold-storing was recommended as soon as possible after harvest, while knife blades used for cutting or peeling should be disinfected on a regular basis.

It had also agreed on a set of residue limits for ractopamine, the veterinary drug, in animal tissues. Ractopamine is a growth promoter and also keeps pigs lean.

It has adopted maximum residue limits for the amount of the drug allowed in the tissues of pigs and cattle.

Seafood

The Commission also adopted a set of preventive hygiene measures aimed at controlling food-borne viruses, especially in seafood items.

Viruses are generally more resistant than bacteria and those transmitted by the faecal-oral route can persist for months in bivalve molluscs, soil, water and sediments.

They can survive freezing, refrigeration, ultraviolet radiation and disinfection but are sensitive to heat.

Common food-borne viral diseases are caused by the hepatitis A virus and norovirus.

The Commission noted the main hazard for the production of molluscs, such as oysters and mussels, was the biological contamination of the waters in which they grow.

It is, therefore, important to ensure the seawater quality of growing areas, the Commission noted.

When there is a likelihood or evidence of viral contamination, closure of the area, destruction of contaminated molluscs and/or heat treatment before consumption of already harvested molluscs are recommended.

The commission sets international food safety and quality standards, to promote safer and more nutritious food for consumers worldwide and ensure fair practices in the food trade.

It has 185 member-countries.

Extension of Proviso to regulation 1.1.2 of Food Safety and Standards (Food Products Standards and Food Additives) Regulation 2011

Hoteliers told to be wary of cheats

Licence for food business operators

The Commissioner of Food Safety has asked food business operators/restaurant owners not to be duped by any individual or organisation who might be collecting huge amounts as service charge or office expenses for the mandatory licence/registration that food business operators (FBOs) have to apply for, under the Food Safety and Standards Act 2006.

The registration fee for small and medium FBOs with an annual turnover of less than Rs.12 lakh is Rs.100 only. The application form for the registration process is available free of cost at the Respective Food Safety Offices in districts.

A licence is mandatory for FBOs, food manufacturing units that have an annual turnover of above Rs. 12 lakh, under the FSS Act. The licence fee ranges from Rs. 2,000 to Rs. 7,500 for various grades, which has been clearly notified in the FSS Licensing Regulation.

The licence and registration fee has to be remitted in the government treasury. However, the Office of the Food Safety Commissioner has been receiving complaints about traders being duped by individuals or organisations in the name of service charge.

Complaints regarding this should be intimated to the respective district food safety officers. In case action has not been taken, complaints can be made at the Office of the Commissioner of Food Safety on the toll free line, 1800 425 1125 .

Details regarding licence or registration are available atwww.fssai.gov.inorwww.foodsafetykerala.gov.in

All food business operators should ensure the legality of their trade by applying for the licence/registration before August 5, the Commissioner of Food Safety has informed.

Seven more eateries served closure notice

Seven more eateries which were functioning in unhygienic conditions were ordered closed by food safety officials in raids conducted across the State on Thursday.

Special squads deputed by the Commissioner of Food Safety inspected hotels in Kasaragod, Kannur, Thrissur and Kottayam districts . Hotel Anand, Uduma; Hotel Sreesastha, Kuttikulam; Hotel Arabian Food Corner , Uppala bus stand, Hotel New Lucky, Uppala, all in Kasaragod district, and Hotel Bharath Thriprayar; Hotel Kavitha, Pala bus stand; both in Kottayam, were issued closure notices.

Of the 92 eateries and hotels inspected, improvement notices were served on 51 establishments and fine of Rs.2,27,500 was slapped on several hotel owners.

Food safety officials had to stop work in between after a group of traders attacked the officials while they were inspecting Hotel Thirubhavan, at Uppala bus stand in Kasaragod. Officials have filed a case with the Kumbala police station in this regard.

Obstructing or preventing food safety officials while on duty is a criminal offence which can earn up to three months rigorous imprisonment and up to Rs. 1 lakh fine, under S. 62 of the Food Safety and Standards Act 2006 . Food safety officials have been given direction to file cases under S. 62 whenever they are prevented from discharging their duty.

Government delays implementation of Food Safety law by 6 months

MUMBAI: The implementation of a legislation that would have shuttered thousands of eateries across the nation and put millions at the mercy of government staff has been postponed by six months, bringing temporary relief to hoteliers.

The Food Safety and Standards Authority of India, or FSSAI, has extended the time period given to so-called food business operators to comply with tough Food Safety and Standards Act to February 5, 2013, from August 4, 2012, due to protests.

The implementation of the new rules, including penalty and prosecution if rats are found at restaurants, serving of pure water and mandated labelling of products, would strain owners when the basic responsibility for most of these lies with the municipal administration.

These proposals don't distinguish between fivestar hotels and a road-side food stall when it comes to proposals in the name of safety standards. "This extension is just a temporary relief, and the horror of unpractical and harsh provisions shall be back to haunt from February," said Tejinder Singh Renu, secretary, Vidarbha Taxpayers Association (VTA).

"The Act uses the same parameter for a five-star hotel and a road-side vendor thus failing to strike a balance in implementation. Without studying the Indian market, agriculture and other parameters, the Act has been enacted in haste."

The FSSA 2006 was implemented on August 5 last year with the objective to bring out a sciencebased uniform food law in the country that repealed several other laws and brought the food industry under one umbrella. The Act brings all food traders, right from street food vendors, dabbawallas, food transporters to hoteliers under it.

The Mumbai Mewa Masala Merchant's Association has filed a petition in the Bombay High Court against the Act, which comes up for hearing on August 2. "For any small business operator, the provisions are impractical to adhere to," says Lakshmidas Bhai, Lakshmidas Thakker of the Mumbai Mewa Masala Merchant's Association.

"The clauses are drafted without taking realities of food business units in India. A penalty being imposed in the case of a rat being found in the premises of a food business unit is a case in point.

FSSAI gives in, extends licensing deadline by six months; FBOs relieved

Responding favourably to various representations from all over the country, the Food Safety and Standards Authority of India (FSSAI) has granted food business operators (FBOs) a six-month extension to the August 5, 2012, deadline for complying with the licensing and registration rules laid down by the Food Safety and Standards Regulations (FSSA), 2011.

While there is jubilation over the move in the industry. Prabodh Halde, VP, Association of Food Scientists and Technologists (India), Mumbai chapter, said, “It is a welcome move. All food business operators will now be on their toes. When there was nothing, we got a year's extension, and when things didn't really progress along expected lines, we have to accept this six-month extension and hurry.”

D V Malhan, executive secretary, All India Food Processors' Association (AIFPA), agreed with Halde. Calling it a step in the right direction, he said, “There are teething troubles, but the job will have to be done. If the objectives are not met by February, we will take a call on a further extension. FBOs and the government will have to trust and cooperate with each other.”

“The last date for renewal of licenses/registration under the Food Safety & Standards Act, 2006, has been extended by six months with effect from 5th August, 2012,” informed Praveen Khandelwal, secretary-general, Confederation of All India Traders (CAIT). “The date has been extended by the Food Safety & Standards Authority of India, the Competent Authority,” he added.

Khandelwal added that the Food Safety & Standard Act was notified on August 5, 2011, by the Central government.

Other reactions
In a statement via e-mail, R Kaleeswaran, honorary secretary, Karaikudi Bakery Owners' Association, said, “It is good news for all FBOs. We now have until February 4, 2013, to register or obtain licences. However, we (KBOA) will continue to fight the FSSA till the battle ends.”

The Vidarbha Taxpayers' Association (VTA) had sent prime minister Manmohan Singh; agriculture and food processing minister Sharad Pawar; health minister Ghulam Nabi Azad; FSSAI chairman K Chandramouli; and Maharashtra Food and Drug Administration commissioner Mahesh Zagade; a memorandum requesting them to extend the deadline by at least a year.

Tejinder Singh Renu, secretary, VTA, said, “The six-month extension is a temporary relief, but the horror of impractical and harsh provisions will return to haunt the FBOs after February 5, 2013. So the fight for amendments to the rules should continue, so that small- and medium-sized FBOs don't suffer. Unfortunately they may be compelled to resort to corruption.”

However, not all were gung-ho about this decision by the country's apex food regulator. Ashwini Malhotra, executive director, Weikfield Products Co (India) Pvt. Ltd, said, “To ensure that it is implemented properly, they have to make sure the infrastructure issues are addressed. For instance, systems have to be put in place, and the right people have to be appointed to do the job. Or else, it'll keep extending, and the objective won't be achieved.”

Vijay Prakash Jain, secretary-general, Bharatiya Udyog Vyapar Mandal (BUVM), Delhi, said, “The six-month extension is not for everyone; it is only for those food business operators who haven't registered or obtained a licence under the FSSA, 2006. As for our agitation against the contentious provisions, it is poised for a fight to the finish.”

Statutory advisory
The Food Safety and Standards Authority of India (FSSAI) recently issued a statutory advisory titled, “Extending time period for seeking conversion/renewal of existing licences/registrations granted under the repealed Orders by FBOs” and signed by S S Ghonkrokta, director, enforcement, FSSAI.

It said, “As per the provisions given under Clause 2.1.2 of Licensing/Registration of Food Businesses Regulation, 2011, the food business operator has to apply for conversion/renewal of registration/licence within one year from the date of notification. This time period was to expire on August 4, 2012.”

“The approval of the Competent Authority is hereby conveyed for extending the time period granted to food business operators seeking conversion/renewal of licences by another six months with effect from August 5, 2012,” the advisory stated.

FBO definition
The term food business operators includes any undertaking whether for profit or not and whether public or private, carrying out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, sale of food or food ingredients. All such business establishments are required to obtain registration under the new Act.

Tea sector gears up for food act

The Food Safety and Standards Act, 2011, has dictated tough terms for all industries associated with the food and beverages sectors, including the tea industry

Safety first Guwahati, : A legislation that came into force last year has forced the tea industry to conform to international norms, while keeping its focus on product quality intact. The law — Food Safety and Standards Act — that came into force from August 5, 2011, dictates that all food establishments and manufacturing units have to either procure licence or get these registered with the Food Safety and Standards Authority of India (FSSAI) before August 4 in accordance with their turnover. To prepare organisations associated with the tea industry to face the upcoming challenges of the act, Tea Board, in association with CII Food and Agriculture Centre of Excellence, organised awareness programmes at Jorhat on June 27 and at Golaghat on June 28. The idea behind the events was to ensure that all the stakeholders understood FSSAI regulations while maintaining quality and food safety standards in their products. About 75 tea estates and bought leaf factories participated in the events. The event provided an insight was also provided into the critical steps to food safety — a set of guidelines issued by the ministry of health and family welfare through the act for all organisations managing food and beverage operations to ensure implement good hygiene and good manufacturing practices. The guidelines state that no tea shall contain any additive or processing aid unless it is in accordance with the provisions of the act and regulations made there under, and no tea shall contain any contaminant, naturally occurring toxic substances or toxins or heavy metals in excess of quantities as may be specified by regulations. On pesticides, it says that no tea shall contain insecticides or pesticide residues, solvent residues, pharmacologically active substances and microbiological counts in excess of limits specified by regulations. No insecticide shall be used directly on tea leaves except fumigants registered and approved under the Insecticides Act, 1968. On the presence of chemicals, it says that pesticides, insecticides, herbicides, fungicides, weedicides, microbials should be used in the gardens in accordance with the approved list and be sprayed in accordance with the recommended dosage recommended by Tea Research Association and United Planters’ Association of Southern India. One of the provisions says flavoured tea shall be sold or offered for sale only by those manufacturers who are registered with Tea Board. Registration number should also be mentioned on the label. It shall be sold only in packed conditions with label declaration as provided in the Regulation 2.4.5 (23) of Food Safety and Standards (Packaging and Labelling) regulations, 2011. “Domestic consumers have the right to get tea which is safe and hygienic as consumers demand globally,” Indrani Ghose, principal counsellor, CII Food and Agriculture Centre of Excellence, told . The Tea Board is taking a scientific approach to sort out the problems of different regulatory issues. Colour adulteration is strictly prohibited from the consumer health point of view and colouring of tea has gradually become a matter of serious concern these days. Sources said the treatment of teas with various colouring chemicals comes under the head of adulterants. There are occasional reports that sub-standard tea leaves are coloured with Bismark brown, potassium blue, turmeric and indigo, to impart colour or gloss to the product. Tea industry officials say the Tea Board has strongly advised the industry to follow the FSSAI guidelines for not using any colour in tea as violation of the guidelines may attract legal action. The penal provisions are tough, with penalties ranging between Rs 25,000 and Rs 10 lakh. Moreover, unlicensed food business has been strictly prohibited. A licence can be valid for a period of one to five years. Bidyananda Barkakoty, chairman, North Eastern Tea Association, said the intention of the FSSA — to bring food safety of our country to international standard — was a welcome step. “There is a possibility that by following the norms laid down in the FSSA, tea may be able to get a better price in the domestic and international markets,” he told. He, however, said it would add to the cost of production. Dhiraj Kakati, secretary, Assam branch, Indian Tea Association, said the regulations had beneficial aspects and should work well, provided there was no red tape.

Stubborn stains fade a shade - Responsible citizens switch to paan on Day One of ban, but gutkha prices soar in black market

Some voluntarily munched paan, some grudgingly bit into betel nuts and yet others scoured black markets for their habitual quota of nicotine kick — the state’s blanket ban on gutkha was only partially successful on Thursday, the first day of its implementation. Armed with the new Food Safety and Standards Act, 2006 — which was implemented in Jharkhand in January this year — the health and family welfare department had issued a notification in newspapers in Ranchi on Wednesday, banning production, storage, distribution and sale of gutkha from July 26. The ban also included paan masala of various brands that contain nicotine. It had also made a fervent appeal to citizens to stop chewing the tobacco mix, one of the key reasons of a 30 per cent increase in oral cancer cases in Jharkhand in six years. The plea, which came with the penalty sting of Rs 25,000 or a jail term of seven to 10 years in case of violation, did not completely fall on deaf ears. Some vendors in the capital refused to sell gutkha even to regular customers, while some avaricious ones made last-ditch attempts to exhaust their existing stock by selling pouches at 50 per cent to 75 per cent more than the printed price. In Jamshedpur, the banned items sold at double the price. “I did not get a pouch of gutkha. Even the paan masala on sale is the one without even a trace of tobacco. I decided to switch to paan,” Sanjay Singh, who deals in stationery items at Saheed Chowk, Ranchi, said. Sudhir Barnwal, who runs a shop for mouth freshners at Albert Ekka Chowk, said the ban had not affected their earnings. “Every day, I used to sell gutkha pouches worth Rs 400. After it was banned, I was worried about my income. But fortunately, people are opting for paan and I won’t suffer losses,” he said. Not everyone was as respectful to the law as Singh and Barnwal. A youth at Albert Ekka Chowk was found striking a hard bargain for 10 pouches of tobacco sprinkled paan masala. “You sell a pouch for Rs 2, I am ready to pay Rs 3 for each. Please arrange for at least 10 pouches,” he was overheard requesting the vendor. The latter was smarter. He was unwilling to part with his newfound treasure at anything less than Rs 3.50 a pouch. “Selling gutkha is risky now. If I am caught, I will have to pay Rs 25,000. Or may even be sent to jail. You have to pay me more,” he reasoned. Dilip Kumar, the owner of Shree Zarda Store at Saheed Chowk, said such bargains would continue only till stocks last. “After that there will be no chance of getting gutkha even in the black market. People can chew paan, which anyway is a better substitute.” In Jamshedpur, both violations and violators were more brazen. Rajesh Yadav (38), a security guard at an apartment in Bistupur, was found staining the government’s image with tobacco laced paan masala. “I know about the ban. It is in the newspaper, but I did not face any problem in getting my brand of paan masala,” he said with an I-don’t-care attitude. He, however, added that if gutkha and paan masala vanish from the market, he would switch to betel leaves. Bikram Singh (25), a resident of Kadma, agreed. “If shops stop selling gutkha, we will stop consuming,” he said. Vendor Ayodhya Mahto Sakchi Market said the authorities should first target manufacturers and wholesalers. “Why hurt poor shopkeepers. I feel this will give powerful people like the police another opportunity to harass us,” he added. Despite violations here and there, state food controller T.P. Barnwal expressed satisfaction over imposition of the ban. “On the first day, we do not have information of sale of gutkha anywhere. None of our officials across the state have reported seizure or imposition of fines,” he asserted.

Awareness forum for food trade fraternity

Traders dealing in food items have to acquire licences to conduct business according to provisions of the Food Safety and Standard Act.

Bihar Chamber of Commerce (BCC) on Wednesday had organised a workshop to make people engaged in the food business aware of various rules and provisions of the act.

State health secretary-cum-food safety commissioner Sanjay Kumar appealed to the people engaged in the food industry not to operate or carry out business without getting or acquiring registration/licence as violation of the act would attract imprisonment besides a hefty fine.

According to mandatory provisions of the act, all food business operators or any person dealing in food item have to acquire licence or get registered with the designated authority/officer of the central and state governments before August 4," Kumar said.

He added: "A person would be imposed a Rs 2 lakh fine if he is found selling sub-standard food. In case of misbranding, the quantum of fine would increase to Rs 3 lakh. The person would be charged with a fine of up to Rs 10 lakh if it is found that the person was selling adulterated food, which is dangerous to life. If the adulterated food causes death, the punishment could be seven years imprisonment and Rs 10 lakh fine."

The act, which came into force on August 5, 2011, was brought in to ensure quality and hygienic food at every stage that is from the production to the consumption level.

Kumar said all those dealing in food business with an annual turnover of Rs 12 lakh would have to get registered by the food safety officer whereas those having a yearly turnover above Rs 12 lakh would have to get a licence as well.

He said various central laws/orders such as Prevention of Food Adulteration Act, 1954, Fruit Products Order, 1955, Meat Food Products Order, 1973, Vegetable Oil Products (Control) Order, 1947, Edible Oils Packaging (Regulation) Order 1988, Solvent Extracted Oil, De-oiled Meal and Edible Flour (Control) Order 1967, and Milk and Milk Products Order 1992, were repealed to bring the new legislation into force. The multiplicity of laws and orders had posed difficulties for agencies to enforce those properly but it would be easier to implement a single law.

However, there is only one laboratory in the state to check adulterated food, the food safety commissioner said, adding it was insufficient to deal with the huge number adulterated food cases in the event of implementation of the act.

"The state government has decided to set up a laboratory in Patna to deal with such a situation," he added.
"The act has a provision of fine if a person dealing in food business is found selling adulterated and sub-standard food", Kumar said.

BCC president .P. Sah urged the government to create awareness about the various provisions of the act among businessmen in order to make them aware about how to get registered or acquire a licence, conditions for getting licence, consequences of violations and others.

"At present, people don't have much information about the act. There is an urgent need to popularise the act among traders and businessmen. Till then, the implementation of the act should be soft-pedalled," Sah said.

Liquor makers put up spirited opposition to central oversight

New Delhi: At a time of widening Centre-state strifes over turf — from the power to levy taxes to the design and implementation of welfare programmes — the liquor industry has joined the issue out of compulsion. Facing the prospect of having to apply for licences afresh from the Centre under a new food safety and standards law and be regulated by the central foods regulator, the industry that counts among its members top companies like United Spirits, Radico Khaitan and Diageo India has dragged the central government and the regulator to court. While the liquor industry argues that alcoholic beverages form part of the state list under the Constitution and are regulated for purposes of taxation and standards by state excise laws, the central government has submitted to the court that it derives its power to regulate alcohol from the concurrent list which allows it to legislate on matters related to ‘adulteration of food stuff’.
In a petition filed before the Bombay High Court, the alcohol industry claimed that the central government has committed a fundamental error in defining liquor as food under the new Food Safety and Standards Act (FSSA). This, the industry pleads, was the very reason the now-repealed Prevention of Food Adulteration Act (PFA) never applied to liquor industry.
PFA was overridden by FSSA in 2011, which regulates the country’s food sector.
The industry’s claim is being vehemently opposed by the central foods regulator, the Food Safety and Standards Authority of India, which argues that the liquor industry all along fully fell under the scope of PFA. The Centre also has strongly protested against any definition of food that excludes alcohol. “Barring drugs and water, our stand is that all that is consumed is food,” an official said.
The only exemption in the category of liquor can be made for alcohol which is being produced for use in medicine and toiletries, he added. If the court rules that liquor is indeed food, alcohol companies would have to apply for fresh licences from the Centre.
Liquor companies say regulation of alcoholic beverages – its production, possession, transport, sale and purchase – is strictly and exclusively the domain of state governments, a task they are already implementing effectively. By making an attempt to regulate alcoholic beverages, the Centre is encroaching on states’ jurisdiction, the liquor industry claims in its plea to courts, calling the move ‘illegal, arbitrary and unconstitutional’.
Alcohol companies feel multiple regulations will stifle the industry. “Even the quality of alcoholic beverages, which the food regulator is trying to now regulate is currently being governed under State Excise Act and Rules framed by different states. It is almost impossible for the industry to conform to multiple overlapping laws being implemented by multiple authorities. We are juggling between at least three different sets of legislation –State Excise Act and Rules, Food Safety and Standards Act and Legal Metrology (Packaged Commodities) Rules now which is creating a lot of confusion in the industry,” said Lalit Khaitan, chairman and managing director, Radico Khitan.
This issue of whether or not alcohol should be excluded from the definition of food was deliberated before the legislation (FSSA) was enforced and the central government took a studied decision to include it in the definition of food to ensure that quality and safety of alcoholic beverages can be maintained, a health ministry official said.

Is liquor also a food: legal poser stumps SC

An interesting question of law as to whether liquor is a food, requiring regulation under the Food Safety Act, cropped up today before the Supreme Court.
A bench of justices Deepak Verma and Ibrahim Kalifulla issued notices to the Confederation of Indian Alcoholic Beverage Association and others, seeking their stands on the legal poser and their responses to a plea by the Food Safety and Standards Authority of India (FSSA) for transferring a batch of petitions from the Bombay and the Madhya Pradesh high courts to the apex court.
Appearing for the statutory authority, counsel Sandeep Prabhakar submitted that since the issue involved substantial questions of law and constitutional validity of Section 3(1) (j) of the Food Safety and Standards Act, 2006, it needs to be adjudicated by the apex court.
"So liquor is also a food!," remarked an amused apex court bench, while issuing notices on FSSA's plea.
The FSSA counsel said that in petitions before the two high courts, the alcoholic manufacturers and the organisations representing them have questioned constitutional validity of the section 3(1)(j) of the Act which defines "food" and "alcoholic drink" has been included in its definition.
The manufacturers and dealers have contended that the Act cannot be invoked in the case of alcoholic drinks as they are not food.
"Our aim is to invoke the Act so as to standardise the content as they relate to maintenance of public health and safety," Prabhakar submitted to the bench.
The main contention of the manufacturers is that Parliament does not have legislative competence to enact a law pertaining to "alcoholic drink."
It was contended that inclusion of the subject of "alcoholic drink" in a Parliamentary enactment is violative of the Constitutional prohibition contained in Article 246 (3)
The authorities in their petition before the apex court said, "It is submitted that the definition of "food" under Section 3 (1) (j) is an extremely important and comprehensive provision under the FSSA and is intended to safeguard public health and safety.
The Confederation of Indian Alcoholic Beverage Association, the Distillers Association of Maharashtra and some individuals have challenged the provisions of the Act in the two high courts.

Liquor makers put up spirited opposition to central oversight

At a time of widening Centre-state strifes over turf — from the power to levy taxes to the design and implementation of welfare programmes — the liquor industry has joined the issue out of compulsion. Facing the prospect of having to apply for licences afresh from the Centre under a new food safety and standards law and be regulated by the central foods regulator, the industry that counts among its members top companies like United Spirits, Radico Khaitan and Diageo India has dragged the central government and the regulator to court.
While the liquor industry argues that alcoholic beverages form part of the state list under the Constitution and are regulated for purposes of taxation and standards by state excise laws, the central government has submitted to the court that it derives its power to regulate alcohol from the concurrent list which allows it to legislate on matters related to 'adulteration of food stuff'.
In a petition filed before the Bombay High Court, the alcohol industry claimed that the central government has committed a fundamental error in defining liquor as food under the new Food Safety and Standards Act (FSSA). This, the industry pleads, was the very reason the now-repealed Prevention of Food Adulteration Act (PFA) never applied to liquor industry.
PFA was overridden by FSSA in 2011, which regulates the country's food sector.
The industry's claim is being vehemently opposed by the central foods regulator, the Food Safety and Standards Authority of India, which argues that the liquor industry all along fully fell under the scope of PFA. The Centre also has strongly protested against any definition of food that excludes alcohol. "Barring drugs and water, our stand is that all that is consumed is food," an official said.
The only exemption in the category of liquor can be made for alcohol which is being produced for use in medicine and toiletries, he added. If the court rules that liquor is indeed food, alcohol companies would have to apply for fresh licences from the Centre.
Liquor companies say regulation of alcoholic beverages - its production, possession, transport, sale and purchase - is strictly and exclusively the domain of state governments, a task they are already implementing effectively. By making an attempt to regulate alcoholic beverages, the Centre is encroaching on states' jurisdiction, the liquor industry claims in its plea to courts, calling the move 'illegal, arbitrary and unconstitutional'.
Alcohol companies feel multiple regulations will stifle the industry. "Even the quality of alcoholic beverages, which the food regulator is trying to now regulate is currently being governed under State Excise Act and Rules framed by different states. It is almost impossible for the industry to conform to multiple overlapping laws being implemented by multiple authorities. We are juggling between at least three different sets of legislation -State Excise Act and Rules, Food Safety and Standards Act and Legal Metrology (Packaged Commodities) Rules now which is creating a lot of confusion in the industry," said Lalit Khaitan, chairman and managing director, Radico Khitan.
This issue of whether or not alcohol should be excluded from the definition of food was deliberated before the legislation (FSSA) was enforced and the central government took a studied decision to include it in the definition of food to ensure that quality and safety of alcoholic beverages can be maintained, a health ministry official said.

1K litres of adulterated milk seized in Malad

14 Arrested, Accused Operated From Slum

 Look closely at your milk packet seal the next time it's delivered at your doorstep, chances are it has been tampered with. The police, along with the Food & Drugs Administration (FDA), arrested 14 people from Malad (W) early on Wednesday, with more than 1,000 litres of adulterated milk. 

    The kingpin, Raju (35), is on the run. He had earlier been arrested in February 2011 in another milk adulteration case. 
    The accused, which included a few women, were arrested in a joint operation by the FDA and the crime branch control around 
4.30am. Around 70 cops were involved in the operation. 
    "Male members of the gang would buy branded milk packets from company outlets and take them to a slum at Bangur Nagar. There, women would slit open a side of the packet and remove up to one third of the milk, replacing it with water. The adulterated milk would then be distributed by male members in housing societies and restaurants in the area adjacent to Inorbit Mall and Evershine Nagar in Malad," said senior inspector Rakesh Sharma of the crime branch control. Empty milk packets of various leading brands have been recovered. According to the police, the accused are from Andhra Pradesh but have been staying at Bangur Nagar for four to five months. Six motorbikes have been recovered from the gang, including one used by Raju. 
    The other accused are Banja Konda (25), Malaiya Bolam (35), Yadamma Bolam (30), Kolamma Konda (32), Venkatesh Gundagoni (36), Renuka Babu (40), Yadava Babu (48), Malaiya Kolam (28), Renu Mupida (26), Bharat Patel (44), Venkatesh Gundagoni (36), Ashok Konda (26), Menaka Konda (24) and Machhendra Suryavanshi (45). All have been handed over to the Bangur Nagar police and will be produced before a metropolitan court on Thursday. 
    "Residents had been complaining about adulterated milk. We have been planning the raid for sometime and conducted it after receiving specific information," said an official. 
    "Buyers must closely observe if the horizontal and vertical sealing of milk packets have been tampered with," said K V Sankhe, joint commissioner, Food & Drugs Administration. 
    Ashwin Bhadri of Equinox Labs added, "Buyers can come to know if their milk has been adulterated if it clots during boiling or if there's a drastic change in the milk's colour while making curds or other products." 
RAID IN BANGUR NAGAR 
WHERE | Police raid slum at Bangur Nagar, Malad (W) ACTION TAKEN |13, including 5 women, arrested SEIZED | 1,063 litres of adulterated milk, empty branded milk packets, six motorcycles CHARGES | Accused booked under Indian Penal Code for "adulteration of food or drink intended for sale", "cheating" and "using a false property mark". Also booked under Food Safety and Standards Act 2006 
WHAT TO LOOK OUT FOR See if the horizontal or vertical sealing of your milk packets are tampered with In most cases, tampering is done at the corner of the packet Adulterators make a tiny slit from where they remove milk They seal the packet with the help of a candle, after adding some water to it Portion where the sealing has been burned with candle is smooth, compared to other portions of the sealing which are rough and irregular IS MY MILK ADULTERATED? 
Adulterated milk clots during boiling There's a drastic change in colour of milk while making curds or other products ADULTERANTS | Urea, bicarbonate, starch, salt, detergents, water, formalin, caustic soda, sodium chloride, skimmed milk powder, sugar

Malad residents have been complaining about adulterated milk being supplied to them

The accused operate from a slum behind a shoe showroom in Bangur Nagar, Malad (W)

Male members of the gang buy branded milk packets from company outlets

At the slum, women will slit open a packet, remove some milk and replace it with water

The men then distribute adulterated milk in housing societies and restaurants

FDA to man toll plazas on state border to check entry of gutka

To ensure the ban on gutka and paan masala is strictly enforced throughout the state, the Food and Drug Administration (FDA) plans to deploy officials at all toll nakas so that no illegal transportation of these products takes place from neighbouring states.

To ensure the ban on gutka and paan masala is strictly enforced throughout the state, the Food and Drug Administration (FDA) plans to deploy officials at all toll nakas so that no illegal transportation of these products takes place from neighbouring states.
The ban came into force on July 19 and the Pune division received the official communication on July 20. The notification bans the manufacturing, storage, distribution and sale of gutka and paan masala.
In the days following the ban, gutka and paan masala products worth Rs 9.70 lakh were confiscated and samples sent for inspection. “As of now, small stalls might have stock that will last for 10-12 days, and it’s after that that the real problem of black marketing and illegal transportation from neighbouring states like Goa, Karnataka and Gujarat will start,” Joint Commissioner (Food), FDA Pune, Shashikant Kekare said. “Therefore, we plan to keep a check at all toll nakas on the state boundary and have also asked the octroi officials to be vigilant and inspect vehicles.”
Police assistance
Kekare said police assistance would be sought as and when required. “We are a team of 13 food safety officials (FSOs) of the FDA, 13 FSOs of the Pune Municipal Corporation and six FSOs from Pimpri-Chinchwad Municipal Corporation, two assistant commissioners and a joint commissioner, but assistance from the police will be sought whenever required,” he said. “We are also planning to conduct meetings of wholesalers across the city and the secretary of the paan stall owner’s association on Thursday to warn them and also seek their cooperation.”
Assistant Commissioner (Food) Dilip Sangat said only a countrywide ban would be the real solution. “It is not sufficient to ban gutka and similar products containing tobacco, nicotine and magnesium carbonate in a few states,” Sangat said. “The Centre should ban the production of such stuff throughout the country to bring about an effective change. Otherwise, there will be inter-state trafficking.”
In case of violations, the government has decided to press for long prison terms and fines up to Rs 10 lakh by invoking the stringent provisions of the Food and Security Standards Act, 2006. Even small paan shops, hawkers, petty sellers found selling gutka or paan masala can be fined up to Rs 25,000. If the seller fails to comply with the directions of the FSO, then a fine of up to Rs 2 lakh can be imposed.

Food safety awareness programme held at Katra

Katra, July 25
With a view to ensuring proper implementation of the Food Safety and Standard Act - 2006, the Department of Food Safety, Reasi, organised a one-day awareness programme at the DC office today.
The aim of the awareness programme was to enhance the skills of all functionaries responsible for the proper implementation of the Food Safety and Standards Act.
Speaking on the occasion, Lotika Khajuria, Deputy Commissioner, Food Safety and Standards, Jammu, said: “A massive awareness programme has been launched to educate the general masses at different levels about the food safety and preventive measures”.
She emphasised on the need for coordinated efforts with the active involvement of various associations of the area to change the mindset of people and to generate awareness about the safe food habits.
Khajuria appealed to all the food business operators to get their business registered and licenced before August 4, 2012.
An interactive session was also held during the programme, which was chaired by the Deputy Commissioner Food Safety and Standards, Assistant Controller Food Safety (HQ), Designated Officer of Food Safety, Reasi.
The designated officer of the Food Safety, Reasi, Madan Lal Mangotra, food safety officers of the area and other functionaries associated with food safety in the district were present on the occasion.

STATUTORY ADVISORY FOR EXTENDING TIME PERIOD

PROCEEDINGS OF THE CFS, KERALA

DINAMALAR NEWS

DINAMALAR NEWS

List of Hotels closed after issuing improvement notices in the State of Kerala

List of Hotels closed after issuing improvement notices in the State of Kerala in
the inspections conducted as per the directions from the Commissioner of
Food Safety, Kerala.
Thiruvananthapuram District:
1. Devi Hotel, General Hospital Jn.
2. Lakshmi Hotel, General Hospital Jn.
3. Meera Hotel, General Hospital Jn.
4. Hotel Ananthapuri, Kesavadasapuram
5. Hotel Radhakrishna, Medical College
6. Hotel Maloo, Kazhakoottam
7. Chicken Corner, Kazhakoottam
8. Coffee Bar, Medical College
9. Medical College Hospital Canteen 1
10. Medical College Hospital Canteen 2
11. Medical College Hospital Canteen 3
12. Hotel Ansari, Neyyattinkara
13. KSRTC canteen, Neyyattnkara
14. Hotel Subhash, Neyyattikara
15. Hotel Aryas, Nedumangad
16. Hotel Bismi, Vizhinjam
17. Thripthi Hotel, Vizhinjam
18. Surya Fast Food, Mukkola
19. Hotel Bismi, Balaramapuram
20. Immanuel Hotel, Mukkola
Pathanamthitta
1. Hotel Arya Bhavan, Near KSRTC, Pathanamthitta
2. Evergreen continental, College Road, Pathanamthitta
3. Hotel Ambika, Kozhencherry, Cherukol Road
4. City Bakery
5. Kavungal Hotel, Adoor, Kadavumgal
6. Aditya Hotel, Panappilly
Ernakulam
1. Hotel Nalanda, Near South Railway Station, Ernakulam
2. Hotel Saphire, Opp.Airport
3. Hotel Rolex, Opp.K.S.R.T.C
4. Hotel paradise, Edappally
5. Taza Taste, Palarivattom(Shawarma)
6. Hotel Malabar, Anakamaly
Thrissur
1. Hotel Priya, Ayyanthole
2. Hotel Royal Palace, Aswini Hospital Jn.,
3. Hotel Welcome, Choondal
4. Hotel Kanishka, Guruvayoor
5. PV’s Plaza, Thrissur
6. Panicker’s Hospital canteen, Kodungallur, Thrissur
7. Anupama Hotel, Mala
8. Flower Hotel, Mala
Kozhikkode
1. Brothers, Puthiyangadi
2. Hotel Highway, Chemanchery
3. Hotel ‘D’ Chandra, Kozhikkode
4. Super Hotel, Kunnamangalam, Kozhikkode
Palakkad
1. KSRTC Canteen, Palakkad
2. Malabar Spicy, Palakkad
Kollam
1. Hotel Plaza, Near KSRTC Bus stand , Kollam
2. Hotel New Arya Bhavan, Near KSRTC Bus stand , Kollam
3. Hotel Chix, Kollam

Compulsary registration for food outlets soon

Compulsary registration for wayside food outlets and those selling food items prepared from homes will be implemented soon. It would be as per the new rule in the Food Safety Act. As per the government order, registration should will be made mandatory by August 4. As per the new rules, food selling outlets are classified into two sections, one where the annual sales is more than Rs 12 lakh and the second below Rs 12 lakh. With this, not only hotels, fish, meat stalls, cool drink shops, wayside shops all would come under the rule.

The aim is to include all under the Food Safety and Standards Act. Registered food outlets should display the registration number on the cover of the food item being sold. Registration would be given only after examining the surroundings where food is prepared and examining the hygiene. Medical certificates along with registration is needed for those who prepare the food

MINUTES OF THE 8th CAC MEETING

EXTENSION OF SCIENTIFIC PANELS

AHAR members to get lessons in hygiene

There is perhaps nothing as important in the food industry as food safety and hygiene practices. Which is why DNA, in association with Equinox Labs, is organising a session to educate over 200 members of AHAR — Indian Hotel and Restaurant Association and students from its catering college about the importance of maintaining a hygienic kitchen and serving safe and healthy food.
No matter how tasty the food, if it is not prepared in a hygienic and healthy manner, it’s sure to destroy the business and reputation of any restaurant or hotel. Customers patronise a food establishment with the implicit trust that they will be served food prepared in a clean and hygienic way and it’s extremely important for restaurants to abide by this trust.
In the session, hoteliers and restaurant owners will be made aware of the hygiene norms established by the FSSAI (Food Safety and Standards Authority of India) and will also be guided on how to comply with these norms effectively.
The responsibilities that members of the food industry have in providing health and hygienic food will be emphasised as will the penalties for not adhering with the rules set by the FSSAI. Any questions that the participants might have will also be answered by the experts present at the session.
Given that the monsoon in Mumbai comes with its share of gastrointestinal illnesses, food safety and hygiene gains even more importance during the rainy months. Hence, they should be at the top of the list of priorities for all members of the food industry.
Through this latest event under the Hygiene for Kitchens campaign, DNA aims to make it safer for all Mumbaikars to go out and enjoy the gastronomical delights the city has to offer, no matter what time of the year.
This Hygiene for Kitchens session will be conducted on Thursday between 4pm and 6pm at Hotel Krishna Palace Residency in south Mumbai

Now, VTA sends letter to FSSAI seeking extension to licensing deadline

With August 5, 2012, the last date for compliance with Licensing and Registration under the Food Safety and Standards Regulations (FSSR), 2011, just around the corner, industry groups are urging the Food Safety and Standards Authority of India (FSSAI), the country's apex food regulator, to extend the deadline. In fact, one of them, the Nagpur-based Vidarbha Taxpayers' Association (VTA), has called them pro-FDI regulations, which could bring the Inspector Raj back, and expressed hope that the deadline is extended by at least a year.

Tejinder Singh Renu, honorary secretary, VTA, and Nagpur Residential Hotels Association (NRHA), has sent a letter titled, "Appeal for extension to one year deadline expiring on August 4, 2012, as stipulated under Regulation 2.1.2 of Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011."

It was addressed to Dr Manmohan Singh, prime minister; Sharad Pawar, minister of agriculture and food processing industries; Ghulam Nabi Azad, minister of health and family welfare; K Chandramouli, chairman, FSSAI; and Mahesh Zagade, food safety commissioner, Food and Drug Administration, Maharashtra.

"We welcome the repealing of various Central Acts such as the Prevention of Food Adulteration Act, 1954; Fruit Products Order, 1955; Meat Food Products Order, 1973; Vegetable Oil Products (Control) Order, 1947; Edible Oils Packaging (Regulation) Order, 1988; Solvent Extracted Oil, De-oiled Meal and Edible Flour (Control) Order, 1967; Milk and Milk Products Order, 1992; etc. after the implementation of the Food Safety and Standards Act, 2006, which came into force across the country on August 5, 2011," the letter said.

It stated, "However, on close scrutiny of the Act, Rules and Regulations of the Food Safety and Standards, we found that the provisions mentioned therein are in favour of foreign direct investment (FDI), and are literally meant to shut down small- and medium-sized food business establishments and clearly support only multi-national corporations (MNCs)."

The letter criticised FSSAI for its failure to strike a balance between the existing procedures followed and surprisingly making the same provisions from farm to fork. "That means a petty dhaba and a seven-star hotel will have to comply with the same norms, as no parameters or gradation is described in the FSSA, 2006," it said.

Although FSSAI was incorporated to lay down science-based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for human consumption, the letter states, "Without studying the Indian market, agricultural procedures and other parameters, the Act has been enacted, which we feel has been done in haste and the FSSAI has not given the stakeholders a lawful opportunity."

564 water units have no ISI certification, State tells court

The State government on Tuesday informed the Karnataka High Court that 564 mineral and packaged drinking water units in the State were functioning without the ISI certification and only 224 such units had ISI certification from Bureau of Indian Standards (BIS).

This information was given to a Division Bench comprising Chief Justice Vikramajit Sen and Justice Aravind Kumar during the hearing on a public interest litigation (PIL) petition complaining that a large number of such units are operating in the State without the mandatory ISI certification.

Government counsel R.G. Kolle told the Bench that the authorities had issued notice to 491 units and had closed down 27 units that had no ISI certification.

In Bangalore urban district, there are 69 units operating without ISI certification as against 96 with the certification.

Meanwhile, some of the manufacturers disputed the position of law on mandatory requirement of ISI certification from the BIS after enactment of the Food Safety and Standards Act, 2006, which became operative from 2011. Counsel for some manufacturers pointed out that there was insufficient number of laboratories of the BIS to test water.

After hearing the contentions, the Bench asked the State Commissioner of Food Safety to be present in the court on Friday while directing the government to file an affidavit on the steps proposed for testing water supplied by such units to ensure safety of drinking water.

DINAKARAN NEWS

Food supplements makers in TN to move court seeking amendment to FSSA rules

Technical and legal hurdles in obtaining product approval certificates, which are mandatory for getting the new FSSA licence, are forcing the newly formed Tamil Nadu Food Supplement Manufacturers and Traders Association (TFSMTA) to launch a legal battle over the issue, it is learnt. According to Thomas Philip, the advisor of the Association and the managing director of Stamin Millennium Nutraceuticals, the stringent norms in the Food Safety and Standard Act (FSSA) 2006 obstructs the growth of the industry and creates problems to the manufacturers. He argues that there is no need of product approvals and the provision should be quashed. “Our Association will approach the court seeking amendment to quash the provisions demanding product approvals. Government is now insisting product approvals (PA) for even ordinary products like milk protein, whey protein etc., which have been in the market for decades. Previously, Prevention of Food Adulteration (PFA) licence was enough for manufacturing food products. PFA licences were issued by the district health officials. Now for getting FSSA licence, we have to submit PA certificates for which we should approach the Delhi FFSA office,” he told. As per the Act, if a new ingredient is added in the product, the product has to be subjected to toxicology test, heavy metal test and microbial test before applying for product approval. For each test, an SSI unit has to spend more than Rs.8,000. Most of the small scale units bring out more than one hundred products also. “So, the provision of product approval certificate has to be withdrawn and it is unwanted,” he opined. Fortius Mohan, the president of TFSMTA said all the manufacturers are in a quandary now in respect of the PA. He said ten members from his Association applied for the FSSA licence in last March because of the expiry of PFA on March 31. But nobody was given the licence so far despite several trips were made to New Delhi. From April this year onwards, the health department has stopped issuing PFA licence. Currently the Association is confining in Chennai district only, but the activity will be expanded to all the states soon by increasing the membership. There are over 300 food supplements manufacturers in Tamil Nadu, some of them are members of CIPMMA. But after getting registration for the Association, TFSMTA will join the Tamil Nadu Pharmaceutical Manufacturers Association, he added. Meanwhile, the implementation of FSSA has also created embarrassment for the medical retailers as the act mandates every trader who sells packed food items to obtain food licence from the State Food Commissionerate. Food items come under dietary supplements such as Bournvita, Farex, Amul, Complan, Boost etc. and are being sold through medical shops. Therefore, separate licence is required to sell these items. The state chemists and druggists association (TNCDA) approached the Commissioner of FDA requesting him to exempt the drug traders from taking separate licence for selling dietary supplements. When contacted, G Selvaraju, the drugs control director, said as per the act, every manufacturer or trader who has an annual turnover of Rs.12 lakh has to obtain PA or food licence from FSSA office and those whose turnover is less than Rs.12 lakh has to register with the Commissionerate. In Tamil Nadu the FSSA 2006 came into force on August 8, 2011.

Waiter! What’s that wriggling in my soup?

The Hindu FOOD FOR THOUGHT: A BBMP councillor said of the surprise inspections: ‘No hygiene was maintained and vermin were having a field day.’ File photo: V. Sreenivasa Murthy

Don’t you just wish you could see what’s going on in the kitchens of even the poshest eateries in the city?

Ramanujam Krishna (name changed), a working professional, does not eat out often. He has a good reason. He still shudders at the memory of falling seriously ill after grabbing a quick bite at a famous eatery in Jayanagar 4 Block.

“I had roti and some subzi. Within minutes I had severe stomach cramps. It got so bad I left work early and went straight to the doctor, who diagnosed it as severe food poisoning. I wanted to complain about the hotel but didn’t know whom to approach,” he said.

The ubiquitous bug

Anirudh Mavanoor, who frequents a popular coffee chain, was shocked to see a cockroach traipsing over a sandwich kept at the display counter.

“When I pointed it out to the manager, he removed the cockroach but kept the sandwich back. It was only when I insisted that he throw it that he grudgingly did so,” he said.

These two cases are not surprising as the frequent raids by the Bruhat Bangalore Mahanagara Palike (BBMP) Standing Committee for Public Health have caught several renowned hotels and eateries serving inferior quality, sometimes even stale food.

Heavily spiced

However, citizens say that random raids serve no purpose. Kumar G. (name changed), who used to work in the food industry, says mid-segment eateries routinely procure rotten vegetables and meat of poor quality at half the price, and marinate them in heavy spices to mask the taste. “Rice is also recycled. Rice made in the afternoon is washed thoroughly to separate the grains and is then turned into fried rice. Whatever is left over becomes curd rice,” he said.

If this has curdled your stomach, there’s more. Mr. Kumar said meat is salvaged from the gravy and washed, and becomes kebabs the following day. “The small eateries are not the offenders here. As they lack storage space, they plan properly and ensure there’s no leftover food. Big hotels, restaurants and eateries are the major offenders. To save money, they procure bad quality vegetables and meat, thereby risking the health of customers,” he said.

Rotten meat

S. Venkatesh Babu, chairperson of the BBMP Standing Committee for Public Health, told The Hindu that during a recent surprise inspection, he was shocked to see rotten meat stored in refrigerators, unwashed utensils being used in the kitchens and liberal quantities of food colouring and monosodium glutamate (ajinomoto). “In some places, the washing and cooking areas were adjacent. No hygiene was maintained and vermin were having a field day,” he said.

He has received nearly 60 complaints, both oral and written, from citizens about poor quality of food served in the many hotels and eateries across the city. “The committee will look into all these complaints by raiding the eateries. The drive is to ensure that they maintain cleanliness and don’t risk public health,” he said.

However, BBMP’s Opposition Leader M.K. Gunashekar said these raids serve no purpose. “One of the obligatory duties of the BBMP is to maintain public health. However, it lacks the requisite manpower and thus has not been able to monitor quality, ensure prescribed standards, and enforce the Food Safety and Standards Act. I feel that the BBMP is not taking this issue seriously enough,” he said.

Any follow-ups?

As per the Karnataka Municipal Corporations Act 1976, the BBMP has the powers to inspect and close down places that serve stale or inferior quality food, besides cancelling their trade licence. “The Standing Committee is only levying penalties and issuing notices. What happens next? Have there been any follow up inspections?” Mr. Gunashekar asked.

Mr. Venkatesh Babu said that after the notices are issued, the establishment is shut down. “We will permit it to be opened only after the owner comes back with a report on the changes. Only after this is ascertained, the owner is allowed to start business again,” he said.

Inspectors’ shortage

BBMP Commissioner M.K. Shankarlinge Gowda conceded that there was shortage of food inspectors in the BBMP to enforce the Food Safety and Standards Act.

He said that owners of hotels and eateries must take the onus and ensure that their premises are kept clean and public health is not put at any risk. “The new Act is much more stringent than the previous Act (Prevention of Food Adulteration Act). We have urged the government to allow the BBMP to recruit more food inspectors,” he added.

Health and safety: New food laws brings back license raj

Millions of food sellers across the country could go out of business from the night of August 4 when a new licence-inspector Raj - in the garb of food safety regulations - comes into force.
Anybody engaged in selling anything edible - roadside tea stalls, dhabas, fruits and vegetable hawkers, grocery shops, milk vendors, canteens, caterers, restaurants, hotels, food processors - will have to obtain a new food safety licence by August 4.
Even trucks and other vehicles engaged in transporting food will have to obtain licences.

Dictatorial: The new laws will affect all kinds of eateries including street food dhabas

'Unlicensed food businesses will become illegal after August 4,' the Food Safety and Standards Authority of India (FSSAI) has declared.
Food safety licence is in addition to all existing licensing requirements from different government agencies.
Those who fail to get a licence will have to either close down their business or shell out heavy penalties ranging from Rs 25,000 to Rs 10 lakh if they continue without licence or registration. In Kerala and Maharashtra, where the governments have already begun enforcing the new regulation, several hundred food vendors and petty restaurants have been ordered to close down. In Delhi, the registration process is yet to begin.
The Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011, under which the August 4 deadline has been fixed, would particularly hit millions of street vendors and petty food businessmen.

High market restaurants such at the Moti Mahal in Delhi (pictured) will not be exempt from the laws

Several food operators Mail Today spoke to in the Capital on Monday had not even heard of the new requirement. 'The regulation is impractical, undemocratic and dictatorial.
'We don't know if it will ensure food safety, but it will certainly breed corruption and harassment at unprecedented levels,' Shyam Bihari Mishra, head of the Kanpur- based Bhartiya Udyog Vyapar Mandal, said.
'The regulation is a mere copy of food safety laws prevalent in developed countries, completely overlooking ground realities here.'
The National Association of Street Vendors of India (NASVI) said though the process would help vendors get some kind of legitimacy, it would open doors for widespread harassment.

'It is supposed to ensure street food vendors observe better hygiene standards, but the deadline is unrealistic. Failure to obtain registration certificate would entail closure of operations,' Arbind Singh, national coordinator of the association, said. In order to get registered or licensed, food business operators will have to fulfil many safety, hygiene and sanitary conditions.
While conditions set for street vendors are designed to ensure hygiene and safety in general and would be welcomed by most consumers, implementation poses problems. Food businesses with an annual turnover below Rs 12 lakh will have to get themselves registered while those with a turnover of Rs 12 lakh and more will have to obtain a licence.
The procedure for both categories is elaborate and timeconsuming. Documents from a list 18 will have to be submitted depending on the nature of business