Restauranters angry over FSSA demands

With the new Food Safety and Standards Act (FSSA), 2011 in place, restaurant owners want authorities to be encouraging, rather than discouraging them by making impractical demands. After the FSSA came in place, a restaurant owner who had applied for a licence received an improvement letter from the Food and Drug Authority (FDA) officials, who then inspected the restaurant. The letter, which was issued in June 2012, mentions 13 improvement points that the FDA wants the restaurant to follow. Guruprasad Shetty, Owner, Status in Lower Parel, said, "While a few of the FDA’s suggestions were good, there were a few impractical ones such as having registration details of the vendors we buy raw materials from. If a vendor is not registered, how can we be held responsible or asked to produce it in a month’s time?" Another impractical requirement, said Shetty, is maintaining the first in, first out (FIFO) procedure - a method of stock rotation wherein new supplies are shelved behind old supplies, so that the old supplies get used first. "FIFO is for raw food products, which applies only to five-star hotels, while small hotel owners like us shop for food products on a daily basis," he added, according to a DNA report. While food experts want both authorities and restaurateurs to come together for the sake of food safety, Ashwin Badri, Head (business relations), Equinox Lab, a food hygiene expert professional agency, said, "Food safety officers need training in conducting inspections and what needs to be looked after. Also, restaurant owners would need workshops so that they are clear about the law." About maintaining records, Badri said, "City restaurants already do 80 per cent of the work needed to maintain food safety and hygiene. Taking extra steps and getting documents will only give them an edge." According to the report, however, Mahesh Zagade, Commissioner, FDA said that the FSSA has a provision, which allows the hoteliers to appeal to the commissioner directly if he is not happy with the improvement letter. "If there is something that they feel is impractical, they can approach me. We have to improvise the law," he added. The improvement letter emphasised on maintaining documents on the food safety steps undertaken by the restaurant. These include details on when was the pest control carried out, records of raw material used, and other such data.

Food companies issued notices

The Commissioner of Food Safety has issued notices to four firms for violation of provisions of the Food Safety and Standards Act 2006, a press release informed on Saturday.

The firms Gemini Edibles and Fats Private Limited, Healthy Heart Foods, Hi-Tec Malto Max Foods of Himachal Pradesh, and Heinz India Private Limited, Mumbai, were issued notices allegedly for misleading advertisements about nutritional values in their food products.

False claims

The Gemini Edibles and Fats advertised about zero percent cholesterol in its Freedom Refined Sunflower Oil, while the Healthy Heart Foods claimed reduction of cholesterol through its Healthy Heart Refined Sunflower Oil. Hi-Tec Malto Max Foods claimed reduced cholesterol, improvement in digestion, low fat with stress relievers with ACTI lite, while Heinz India assured 34 vital nutrients, eight among them enriched in its Complan Memory, the press note said.

FDA License Mandatory

Food and Drugs Administration (FDA) has made it mandatory for all new restaurants and food establishments in the Nagpur, Bhandara, Wardha, Chandrapur and Gadchiroli district to obtain licence or registration. The FDA Joint Commissioner (Food), Nagpur Division, S G Annapure said that strict action will be initiated under the Food Safety and Standard Act, 2006 against those without license/registration. He clarified that an extension of six months has been given to modify the licenses and not for seeking new licenses.

இன்று சர்வதேச நட்பு தினம் : நட்பின் நாட்கள்... நண்பர்களின் ஞாபகங்கள்...

நட்பும் காதலைப் போன்றது தான். அழகு, அறிவு, அந்தஸ்து, பணம், பதவி, ஜாதி, மதம், இனம், மொழி வேறுபாடுகளைக் கடந்து, உள்ளத்தை மட்டும் நேசிக்கும் உயரிய பண்பு கொண்டது. சிலவகை நட்பு பால்ய பருவத்திலிருந்து தொடரும், சில நட்பு, பார்த்தவுடனே பல்லாண்டு பழகியதைப் போன்ற உணர்வைத் தரும். இன்னும் சிலவகை நட்பு முகம் அறியாமல், வாழ்க்கை முழுதும் தொடரும். நட்பிலும் சிறுசிறு சண்டை, ஊடல், கருத்து வேறுபாடுகள் உண்டு. அனைத்தையும் மறந்து மனதுக்குள் நட்பை நினைத்த மாத்திரத்தில், நண்பன் முகம் தெரிவது தான், சிறப்பு. எங்கோ ஒரு மூலையில் தொடர்பின்றி இருந்தாலும், பழைய குறும்புகளை அசைபோட்டு, அவ்வப்போது மனதுக்குள் சிரித்துக் கொள்ளும், இந்த நட்பிற்கு வானம் தான் எல்லை. இன்று சர்வதேச நட்பு தினம்.

மெல்லும் புகையிலை பொருட்களுக்கு தடை வருமா?

""உணவு பொருட்களில் நிக்கோடின் இருப்பதை தடுக்கும் வகையில் மற்ற மாநிலங்களை போன்று தமிழகத்திலும் மெல்லும் புகையிலை பொருட்களுக்கு தடை விதிக்க வேண்டும்,'' என்று, சமூக ஆர்வலர்கள் கோரிக்கை விடுத்துள்ளனர்.
புற்றுநோய் வரும் காரணங்களில் புகையிலைக்கு 70 சதவீதம் பங்குள்ளது.
இந்தியாவில் அதிகம்பேர் சிகரெட், பீடி மற்றும் மெல்லும் புகையிலை பொருட்களால் பாதிக்கப்படுகின்றனர். இவை, புற்றுநோயை கன்னம், நுரையீரல் மட்டுமின்றி, சிறுநீரகம், கணையம், சிறுநீர்ப்பை போன்றவற் றில் பாதிப்பை ஏற்படுத்துகின்றன.
இந்த பாதிப்பை தடுக்கும் வகையில் கோபா எனப்படும் புகையிலை கட்டுப்பாட்டு சட்டம் 2003ன் படி
மெல்லும் புகையிலை பொருட்களுக்கு தடை வருமா?

சிகரெட் உட்பட மெல்லும் புகையிலை பொருட்கள் மீது பல்வேறு கட்டுபாடுகள் விதிக்கபட்டன. ஆனால், இக்கட்டுபாடு இருந்தும் மத்திய அரசு முறையாக நடைமுறைபடுத்தவில்லை.
கடந்த 2008ல் மத்திய அரசு புகையிலை பொருட்கள் மீதுள்ள கட்டுப்பாடுகளை தீவிரமாக நடைமுறைபடுத்தியது. இந்நடவடிக்கையில் முதற்கட்டமாக பொது இடங்களில் புகை பிடிக்க தடை செய்யப்பட்டது. புகையிலை பொருட்கள் மீது அபாய குறியீடு பொறிக்க வேண்டும் உட்பட பல்வேறு கட்டுப்பாடுகளை மத்திய அரசு விதித்தது.
தடை
இந்நிலையில், உணவு பாதுகாப்பு மற்றும் மருந்து நிர்வாகத்துறை
(ஒழுங்கு முறைகள்) 2011 சட்டத்தின் 2,3,4, பிரிவின் படி உணவு பொருட்களில் நிக்கோடின் புகையிலை இருக்க கூடாது. இந்த, சட்டத்தின் அடிப்படையில் குட்கா, பான்பராக், ஹான்ஸ், ஜர்தா உள்ளிட்ட மெல்லும் புகையிலை பொருட்களை கேரளா, பீஹார், மத்திய பிரதேசம், மகாராஷ்டிரா, ஹரியானா, இமாச்சல பிரதேசம் ஆகிய மாநிலங்களில் தடை செய்துள்ளன. ஆனால், தமிழகத்தில் இந்த துறை நடவடிக்கை எடுக்காமல் உள்ளது.
புற்றுநோய் பாதிப்பை தடுக்கலாம்
இது குறித்து சமூக ஆர்வலர்கள் கூறியதாவது:
புகையிலை பொருட்கள் பயன்படுத்துவதால் சமீபகாலமாக இந்தியா முழுவதும் 42 லட்சம் பேர் பாதிக்கபட்டுள்ளனர்.
இந்நிலையில், இந்தியாவில் ஒரு சில மாநிலங்களில் நிக்கோடின் கலந்த மெல்லும் புகையிலை பொருட்களால் ஏற்படும் வாய் புற்றுநோய் தவிர்க்க அவற்றை விற்க தடை செய்துள்ளது வரவேற்கதக்கது. இதே போல தமிழகத்திலும் தடை செய்யும் பட்சத்தில் புற்றுநோய் பாதிப்பு ஏற்படாமல் தடுக்கலாம்.இவ்வாறு அவர் கூறினார்.

KUNGUMAM ARTICLE

Court refuses to stay food safety rules - THE HINDU

The Madras High Court has refused to stay the operation of various provisions of the Food Safety and Standards Act and its rules.
Justice V. Ramasubramanian dismissed a batch of miscellaneous petitions from Sakthi Masala Pvt. Ltd. and association of manufacturers and exporters of agricultural products.
Earlier, the court had granted an interim stay in respect of Section 31 (7) of the Act. Under the provision, a manufacturer who had a chain of distribution outlets throughout the State or throughout the country should obtain as many licences as the number of stores.
The Food Safety and Standards Authority of India filed a petition to vacate the stay.
What had been inserted in the provision was not something which was not already in existence. The requirement to obtain different licences had been in vogue for the past more than 30 years. In such circumstances, there was no question of issuing an order of injunction restraining the respondents from enforcing the provision, Mr. Justice Ramasubramanian said dismissing the petitions seeking injunction.

Confusion over deadline: Registration for food joints Health dept sticks to Aug 5 deadline

Amritsar, August 3
There is a confusion over the extension of deadline for traders, eating joints etc dealing in food products to register under the Food Safety and Standards Act.
While the Punjab Pradesh Beopar Mandal claim that the deadline has been extended by six months by the Food Safety and Standards Authority of India under the Ministry of Health and Family Welfare, the health department said the deadline of August 5 stands as it has not received any communiqué in the regard.
The traders had claimed that they have received a copy of the decision of the Food Safety and Standards Authority of India regarding the new deadline.
Importantly, the deadline for traders to get registered and to obtain licence has already been extended twice.
So far there has been a lukewarm response from the traders, manufacturers and others involved in food businesses to comply with the norms under the said Act.
Sources said the department has so far received only 700 applications from the food businesses. The instructions for registration were issued under the Food Safety and Standards Act 2006 which was implemented in the state on August 8, 2011.
Earlier, the businesses were given time till April 31 to register under the Act. But only 150 applicants submitted applications in this regard.
Till June end, only 400 businesses cared to abide by the instructions. Later, the department organised camps at various places to make the process easier for the traders.
However, representatives of the industry demanded another extension of deadline.
Civil Surgeon Dr Hardeep Singh Ghai said the deadline for getting registered or obtaining licences ends on August 5. He said it is mandatory for all traders whether big or small or involved at any stage of the business to get registered. He urged the traders to follow the instructions before the deadline ends.
Traders claim that the Food Safety and Standards Authority of India had extended the deadline by six months
The health department says it has not received any communiqué in the regard, and hence the deadline of August 5 stands

Know what you eat!

With the amendment of the Prevention of Food Adulteration (PFA), 1954, the newly formed, Food Safety and Standards Act 2006, makes it binding on all the eateries, dhabas, to obtain a license and register the eatery with the Food and Drug Administration Department.

Chandrashekhar Salunke, assistant commissioner, Food, FDA, Pune district, said, "All establishments are made mandatory to obtain license from FDA, only to function smoothly. This decision will curb and bring down the low quality of food and hygienic conditions while preparing will be maintained.”
“It is a good decision to implement the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011. Unfortunately actual regular inspection is not done from concerned authority. Mere imposing new regulation will not solve the hygiene problem. As we see generally same cloth is used to clean the utensils for long time in a day, the food cooked in the morning is served for the whole day or two etc. create hygiene problems. Encroachment, hotel parking problems will be solved at the initial stage only,” said Dinesh Hole, member, zonal railway committee.
While the owner of Rasoi Hut was aware of the new amendment, KC Chandak said, “The law was there but it was PMC’s food departments responsibility, it seems they have FDA looking into it directly. It is a good thing meaning all the encroachments will be off the road especially over night tapris which are serving unhygienic food. I will welcome any such new lciense and will happily apply for it whatever be the cost. It will not hamper my menu prices. I will immediately take it.”
Baibhaw Bibhu, an IT professional said, “There are certain measures that should be taken to keep a check on the food quality. However the officials fail to do the needful. Also the roadside eateries attract a lot of commuters despite of them being aware of the unhygienic surroundings.”

According to the act…
The Act says that all street food vendors with an annual turnover of less than Rs 12 lakh will have to obtain a certificate. Those having a turnover of over Rs 12 lakh will have to obtain a license. The licensing fee is Rs. 100 per year while registration fees are around Rs. 2000. The obtainer can apply for a license and registration for a period of Five years at once.

Eateries wash their hands of hygiene

It is commendable that Mumbai’s restaurateurs (okay, some of them) are willing to improve hygiene and food safety in their kitchens, thanks, among other things, to DNA’s cleanliness campaign. As one who eats out more often than not, I can’t but rejoice at their commitment.
But I have a grievance against public eateries (and rest rooms) of Mumbai. By eateries I mean not just restaurants but canteens/cafeterias at offices, cinemas, theatres, railway stations, and malls as well. Not just the kitchen and the seating space, even the wash basin area needs urgent attention. To be precise, four key aspects need to be improved.
Space: For goodness’ sake, make the wash basin bay spacious. Sure, space is at a premium in Mumbai, but it would be a fallacy to stretch this argument to wash basins. Tiny, cramped wash basin bays, smaller than aircraft toilets, are often found adjacent to the kitchen. It is plain disgusting because patrons have to brush against each other, or come into contact with slimy side-walls and surface areas, to access the water tap.

Soap: Has anyone ever seen a public eatery/toilet in Mumbai where good quality soap is dispensed? Usually, it is either a horribly cut tiny cake of cheap, hard soap or excessively diluted, hence ineffective, liquid soap that is on offer — that too in grimy plastic soap-holders or much-used dispensers. Don’t restaurants make enough money to afford good quality soap? A wash basin is meant to encourage and enable customers to be hygienic. Why cut corners and defeat the very purpose? This amusing, laughable and deplorable practice is rampant everywhere, including at top-end restaurants. It must end.
Cleanliness: The wash basins, water taps, surface areas, tiled walls, mirrors, etc, it appears, are not thoroughly cleaned and sanitised every day. And to think these dingy, damp potential health hazards are located in close proximity to kitchens at most eateries.
Aesthetics and maintenance: In developed countries, wash basin bays (and public toilets) are tidy, fragrant, well-designed and clean. They are used as an opportunity to make a statement about the local standard of living, the society’s attitude to life and community itself. Here in Mumbai, they serve as reminders of Third Worldliness. Typically, you will find some/all of the following at a public wash basin bay: leaking or dysfunctional water taps, cracked tiles, fading wall paint, dim lights, exposed masonry, stinking pipes, misty mirrors, dirty and wet towels, cobwebs and slippery floors.
Mumbai’s eateries can afford fancy CCTV systems alright, but why can’t they spend a little more on decent wash basin bays and improve the overall experience of their patrons? Wouldn’t it generate goodwill and loyalty which, in turn, could help restaurateurs in their pursuit of profit-maximisation?
In the context of unhygienic food leading to illness or death, a restaurateur is liable for a penalty of up to Rs10 lakh and a jail term of up to six years. But proving his/her guilt is not always easy. How exactly can one do this? I have no clue. I haven’t heard or read about any such sentencing so far either.
Maybe patrons should turn mobile-cam vigilantes and expose ugly, untidy premises? And highlight exceptionally clean eateries so as to inspire/shame others into following suit.

Hoteliers fume over FDA demands

With the new Food Safety and Standards Act (FSSA), 2011 in place, restaurant owners want authorities to be encouraging, rather than discouraging them by making impractical demands.
After the FSSA came in place, a restaurant owner who had applied for a license received an improvement letter from the Food and Drug Authority (FDA) officials, who then inspected the restaurant.
The letter, which was issued in June, mentions 13 improvement points that the FDA wants the restaurant to follow.
Guruprasad Shetty, owner of the restaurant Status in Lower Parel, said, “While a few of the FDA’s suggestions were good, there were a few impractical ones such as having registration details of the vendors we buy raw materials from. If a vendor is not registered, how can we be held responsible or asked to produce it in a month’s time?”
Another impractical requirement, said Shetty, is maintaining the first in, first out (FIFO) procedure—a method of stock rotation wherein new supplies are shelved behind old supplies, so that the old supplies get used first. “FIFO is for raw food products applies only to five-star hotels, while small hotel owners like us shop for food products on a daily basis,” he added.
While food experts want both authorities and restaurateurs to come together for the sake of food safety, Ashwin Badri, head (business relations), Equinox Lab, a food hygiene expert professional agency, said, “Food safety officers need training in conducting inspections and what needs to be looked after. Also, restaurant owners would need workshops so that they are clear about the law.”
About maintaining records, Badri said, “City restaurants already do 80% of the work needed to maintain food safety and hygiene. Taking extra steps and getting documents will only give them an edge.”
However, FDA commissioner Mahesh Zagade said that the FSSA has a provision which allows the hotelier to appeal to the commissioner directly if he is not happy with the improvement letter. “If there is something that they feel is impractical, they can approach me. We have to improvise the law,” he added.
The improvement letter emphasised on maintaining documents on the food safety steps undertaken by the restaurant . These include details on when was the pest control carried out, records of raw material used, and other such data.

Stay on Food Safety Act vacated

 

An interim order passed in November 8 last year staying the operation of Section 31(7) of the Food Safety and Standards Act, 2006, was vacated by the Madras High Court on Friday.
Justice V Ramasubramanian vacated the stay after hearing the arguments of R Suresh Kumar, the counsel for Food Safety and Standards Authorities of India (FSSAI). Sec 31(7) stipulated that if the food was manufactured, stored, sold or exhibited for sale at different premises, separate applications should be made and separate licenses should be issued.
Originally, while entertaining a batch of writ petitions from Sakthi Masala and others challenging certain provisions of Food Safety and Standards Act, 2006 and Rules, 2011, Justice N Paul Vasanthakumar had stayed the operation of 31(7) alone. Aggrieved, the FSSAI filed petitions to vacate the stay. Vacating the stay, Justice Ramasubramanian said what was under sub-section (7) of Sec. 31 was not something which was not already in existence.

உணவு பாதுகாப்பு விதிமுறைகள் தடையை நீக்கி ஐகோர்ட் உத்தரவு

சென்னை: உணவுப் பாதுகாப்பு மற்றும் தர ஆணையம் பிறப்பித்த விதிமுறைகளை அமல்படுத்த விதிக்கப்பட்டிருந்த தடையை, சென்னை ஐகோர்ட் நீக்கியது.

உணவுப் பாதுகாப்பு மற்றும் தரச் சட்டம், 2006ம் ஆண்டு கொண்டு வரப்பட்டது. இந்தச் சட்டத்தை அமல்படுத்த, பல விதிமுறைகளை உணவுப் பாதுகாப்பு மற்றும் தர ஆணையம் வகுத்தது. ஓட்டல், உணவு விடுதிகள் என, உணவு வர்த்தகத்தில் ஈடுபட்டிருப்பவர்கள், உரிய அதிகாரியிடம் உரிமம் பெற வேண்டும், உணவுப் பொருட்களை பேக்கிங் செய்து லேபிள் ஒட்டி விற்க வேண்டும், உணவுப் பொருள் உற்பத்தி நிறுவனங்கள், பரிசோதனைக் கூடங்களில் உணவு மாதிரியை சோதிக்க வேண்டும் என, பல்வேறு விதிகள் வகுக்கப்பட்டன.

தடை
இந்த விதிமுறைகளை எதிர்த்து, சென்னை ஐகோர்ட்டில் தமிழ்நாடு உணவு விற்பனையாளர்கள் நலச் சங்கம் மனு தாக்கல் செய்தது. விதிமுறைகளுக்கு தடை விதிக்கவும் கோரப்பட்டது. மனுக்களை விசாரித்த ஐகோர்ட், விதிமுறைகளை அமல்படுத்த இடைக்காலத் தடை விதித்தது. தடை உத்தரவை நீக்கக் கோரி, உணவுப் பாதுகாப்பு மற்றும் தர ஆணையத்தின் வழக்கறிஞர் ஆர்.சுரேஷ்குமார், ஐகோர்ட்டில் மனு தாக்கல் செய்தார். மனுவை, நீதிபதி ராமசுப்ரமணியம் விசாரித்தார். ஆணையம் வகுத்த விதிமுறைகள், பார்லிமென்டின் இரு சபையிலும் தாக்கல் செய்யப்பட்டு, அவற்றுக்கு ஒப்புதல் வழங்கப்பட்டுள்ளது என, ஆணையத்தின் வழக்கறிஞர் ஆர்.சுரேஷ்குமார் வாதாடினார்.

மனுவை விசாரித்த நீதிபதி ராமசுப்ரமணியன் பிறப்பித்த உத்தரவு: ஏற்கனவே, 1955ம் ஆண்டு முதல் இருக்கும் விதிமுறைகளை தான் இந்தப் புதிய விதிமுறைகளிலும் கையாண்டுள்ளனர். உணவுப் பாதுகாப்பு மற்றும் தரச் சட்டம், விதிமுறைகளை அமல்படுத்துவதை சுப்ரீம் கோர்ட் கண்காணித்து வருகிறது. இந்தச் சட்ட விதிகளை அமல்படுத்தாததற்காகவும், விதிமுறைகளை அறிவிக்காததற்காகவும், ஒரு கட்டத்தில் அதிகாரிகளை சுப்ரீம் கோர்ட் கண்டித்துள்ளது.

சட்டப் பிரிவுகள் மற்றும் விதிமுறைகள் குறித்த உத்தரவுகள், சுப்ரீம் கோர்ட் உத்தரவினால் தான் வந்துள்ளது. இந்தச் சூழ்நிலையில், விதிமுறைகளை அமல்படுத்துவதற்கு தடை விதிக்கக் கூடாது. சட்டத்தை ஏன் அமல்படுத்தவில்லை என, ஒரு கோர்ட் கேள்வி கேட்கும் போது, சட்டத்துக்கு மற்றொரு கோர்ட் தடை விதிப்பது என்பது முரண்பாடாக இருக்கும். எனவே, இடைக்காலத் தடை கோரிய மனுக்கள் தள்ளுபடி செய்யப்படுகின்றன. தடை நீக்கப்படுகிறது. இந்த உத்தரவில் கூறப்பட்டுள்ள காரணங்கள் எல்லாம், வழக்கின் இறுதி விசாரணையின் போது முன்வைக்கப்படும் வாதங்களுக்கு பாதிப்பை ஏற்படுத்தாது. இவ்வாறு, நீதிபதி ராமசுப்ரமணியன் உத்தரவிட்டுள்ளார்.

சக்தி மசாலா நிறுவனம் மற்றும் விவசாயப் பொருட்கள் உற்பத்தியாளர்கள் மற்றும் ஏற்றுமதியாளர்கள் சங்கம் சார்பில், உணவுப் பாதுகாப்பு மற்றும் தரச் சட்டப் பிரிவுகளை எதிர்த்து, மனுக்கள் தாக்கல் செய்யப்பட்டன. சட்டத்தில் குறிப்பிட்ட பிரிவு 31(7) க்கு மட்டும் ஐகோர்ட் தடை விதித்திருந்தது. உணவு வர்த்தகத்தில் உள்ளவர்கள் உரிமம் பெற வேண்டும் மற்றும் பதிவு செய்திருக்க வேண்டும் என, இந்தப் பிரிவு வலியுறுத்துகிறது.

இந்த தடையையும் நீக்கக் கோரி, ஆணையத்தின் சார்பில் வழக்கறிஞர் ஆர்.சுரேஷ்குமார் மனு தாக்கல் செய்தார். மனுவை விசாரித்த நீதிபதி ராமசுப்ரமணியன், "இது ஒன்றும் புதிய பிரிவு அல்ல. வெவ்வேறு பகுதிகளுக்கு வெவ்வேறு உரிமம் பெற வேண்டும் என்பது, 30 ஆண்டுகளாக நடைமுறையில் உள்ளது. எனவே, இந்தப் பிரிவுக்கு தடை விதிக்க வேண்டியதில்லை. தடை நீக்கப்படுகிறது' என கூறியுள்ளார்.

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HC vacates stay on Food Safety and Standard Act section

PTI | 10:08 PM,Aug 03,2012 Chennai, Aug 3 (PTI) Madras High Court has vacated its stay on Section 31(7) of Food Safety and Standard Act and Rules under which a chain of distribution outlets operating across a state or the country was required to obtain as many licences as the number of stores.
Allowing a petition by The Food Safety and Standards Authority of India to vacate the stay, Justice V Ramasubramanian held what had been inserted in the provision was not something that was not already in existence. The requirement to obtain different licences had been in vogue for the past more than 30 years and in such circumstances, there was no question of issuing an order of injunction restraining the respondent from enforcing the provision, the Judge said.
He also dismissed a batch of miscellaneous petitions from a company and an association of manufacturers and exporters of agricultural products.

BIS Finalizes Standards for Street Food Vendors

Bureau of Indian Standards (BIS) has finalized an Indian Standard on basic requirements for street food vendors as food safety is a major concern with street foods. This was disclosed by Minister of Consumer Affairs, Food and Public Distribution, Prof Thomas at Mumbai yesterday .He said that street food sector has shown phenomenal growth recently. Readily accessible and affordable to urban populations, street food provides the energy and nutrient needs to large segments of workers and their families in the cities. This sector is also a source of livelihood for a large number of people. Hence the standard developed by BIS has immense potential to safeguard public health and also promote the confidence of the consumer over the entire spectrum of food industry.

Prof Thomas was addressing National Seminar on “Food Safety – Role of Standards” at Mumbai. The seminar was organized with objective of creating awareness and to provide an insight into the concept of food safety with emphasis on the role of standards.

Stressing over safety of food and quality, the Minister said that as awareness regarding food safety issues among our citizens and concerns bout the hazards in food is showing an upward trend, the need to provide them with greater assurance about the safety and quality of food is also growing. Role of standards in the domain of food safety is immense. Standards promote public health and protect consumers from unsanitary, unwholesome, mislabeled or adulterated food; and provide a sound regulatory foundation for domestic and international trade in food. He said that in this background, the role of BIS, the National standards body of India is significant. IS has also formulated about 1000 Indian Standards in the area of food products and food safety. This includes IS/ISO 22000: 2005 ‘Food Safety Management Systems – Requirements for any organization in the food chain’. IS/ISO 22000: 2005 is an internationally harmonized standard and has emerged as the international bench mark for food safety.

Prof Thomas said that Similarly, the three Indian Standards recently formulated by BIS, Indian Standards on Good Manufacturing Practices (GMP), Good Hygienic Practices (GHP) and Food Retail Management (FRM) are also important in this respect as they are envisaged to act as foundations of Food Safety Management System. They delineate the basic conditions and activities that are necessary to maintain a hygienic environment throughout the food chain suitable for the production, handling and provision of safe end products for human consumption. He expressed hope that Implementation of these food safety standards can lead to exceptional improvements in food safety performance.

AMC holds camps to spread awareness on food registration

Ahmedabad: With only a few food vendors and hotels coming forward to register themselves under the Food Safety and Standard Act (FSSA), health officials of Ahmedabad Municipal Corporation (AMC) are concerned at the low turnout and their target of covering all of them within Central government’s the stipulated time. Therefore, the civic body is organizing camps and seminars with different associations and bodies to spread awareness about the new license.

Speaking to DNA, Municipal Commissioner Guruprasad Mohapatra said, “We will hold camps and meet different associations like hotel associations, caterer associations and even street-side food stalls. This will help us in spreading awareness and ask them to come forward for registration.” He also stated that the earlier date for completing registrations of the city, August 2012 has been extended.

When asked what is causing the delay, an AMC official stated: “The basic problem is lack of awareness, which we are trying to cover through the seminars.” He further stated that two such camps have been completed, one more will be held this week. “We have held meetings with Chemist Association of the city and Odhav Industrial Association, from which we received around 150 registrations,” he said.

Around 35,000 registrations are expected under FSSA Act, out of which, only 5,500 have been issued licenses. Under the earlier existing Prevention of Food Adulteration (PFA) Act, around 7,000 units of the city were issued license.

But with the new Act, wholesalers, retailers, catering business, petty shops, tea kiosks etc will also have to be registered under the new Act.

சென்னை : உணவுக் கட்டுப்பாடு மற்றும் தர நிர்ணய சட்ட விதிகளின் மீது விதிக்கப்பட்டிருந்த தடையை நீக்கி சென்னை ஐகோர்ட் உத்தரவிட்டுள்ளது. உணவு கட்டுப்பாடு மற்றும் தர நிர்ணய சட்ட விதிகள் உணவு பொருள் விற்பனையாளர்களை பாதிப்பதாக உள்ளதாக மதுரை ஐகோர்ட் கிளையில் மனு தாக்கல் செய்யப்பட்டிருந்தது. இதற்கு மதுரை ஐகோர்ட் கிளை தடை விதித்திருந்தது. இந்த தடையை நீக்கி சென்னை ஐகோர்ட் இன்று தீர்ப்பு வழங்கி உள்ளது.

உணவு பாதுகாப்பு மற்றும் தர நிர்ணய சட்ட விதிகளுக்கான தடை நீக்கம்

சென்னை: உணவு பாதுகாப்பு மற்றும் தர நிர்ணய சட்ட விதிகளுக்கு விதிக்கப்பட்ட, தடையை நீக்கி உயர்நீதிமன்றம் உத்தரவிட்டுள்ளது. உயர்நீதிமன்ற மதுரை கிளை விதித்த தடையை நீக்கி, சென்னை உயர்நீதிமன்றம் உத்தரவிட்டுள்ளது. முன்னதாக உணவு வியாபாரத்தில் ஈடுபடுவோரை பாதிக்கும் வகையில் சட்ட விதிகள் உள்ளதாக ஐகோர்ட் மதுரை கிளையில் வழக்கு தொடரப்பட்டது. வழக்கை விசாரித்த ஐகோர்ட் மதுரை கிளை, உணவு பாதுகாப்பு மற்றும் தர நிர்ணய சட்ட விதிகளுக்கு தடை விதித்திருந்தது குறிப்பிடத்தக்கது

Retailers meet municipal chief over Food Safety Standards Act

KOLKATA, 2 AUG: Representatives of small and medium retailers today met municipal commissioner Khalil Ahmed and asked him not to implement the Food Safety and Standards Act, 2006 in the state.
Members of the Forum of Traders organisation of Paschimbanga, a representative of small and medium retailers said it would be impossible for them to run their business if the government implements the Act.
Mr Rabindratah Koley, general secretary of the forum, said under the Act, a retailer will have to pay fine of Rs 5 lakh if he fails to renew the registration of his shop in time.
The Act also stated that medical certificate of the small and medium traders should be renewed twice in a year, said Mr Koley, adding tjat it is not possible for a poor shop owner to renew his medical certificate twice ia year.
He said the comm-issioner assured him today that the civic authorities will consider their demands before implementing the Act.

Food Safety Act to pull away food?

Food Safety and standards regulations act is all set to be enforced. Millions of food sellers could go out of business.
One law is going to axe many food sellers across the country from their business and hit their livelihood. This law will be enforced in six months from now, following a breather given by the regulatory authority to the vendors. Earlier, August 4th was set as the date to begin the enforcement which would have forced millions of food sellers to shut down.
In the name of enforcing and ensuring basic hygiene and sanitary conditions at all installations, the Food Safety and Standards Association of India has declared that all food businesses need license and have to follow set norms, rules and regulations. And if violated, the authority will have the right to close the establishments down immediately.
The licensing regulations notified under this act covers the entire food chain; from manufacturers, packers, wholesalers, distributors, sellers, importers, transporters, processors to food storage establishments. All street vendors, fruit and vegetable sellers, roadside tea shops, dhabas, sweet shops, hotels, restaurants, canteens, caterers, religious places distributing the food, milk dairies, grocery stores, food malls, bakeries and edible oil units will either need a license or a registration. This law empowers state food authorities and inspectors with powers to order unit closure and impose heavy penalties with a minimum of INR 25,000.
However the response from the food sellers is very aggressive towards this law. "The regulation is impractical and undemocratic. We are selling the food and anyway ensure the hygienic conditions. In the name of this law the local officials would harass us and it also breeds more corruption," says Sunder Raju, the owner of a hotel in Ameerpet. "Undoubtedly one should maintain safety and hygiene at the food stalls. But there is sufficient time to be given to these vendors to get their establishments registered. The deadline issued by the Food safety authorities is unrealistic," laments Suresh Krishna, a owner of another restaurant at Begumpet.
According to the law food business with an annual turnover below INR 12 lakh will have to get themselves registered and while those with a turnover above INR 12 lakh will have to obtain a license. The procedure for both the categories is elaborate and time consuming. Government enforcing this law with immediate effect is drawing the food sellers into a tough situation. Fee for one year, the registration fee is INR 100 and for license it ranges from INR 2000-7500. Some categories of food sellers will also have to file annual returns to the food regulator.
However few owners of restaurants are in support of this law. "One has to think of the health of an individual. Nothing is important than your customer's health. Obtaining license or getting registered would guarantee the hygiene and safety of food at your hotel which would attract more customers. I have been running my restaurant for the past 15 years and I am totally for this law and there is nothing wrong in it. The huge uproar against this law is meaningless," says V Ramakanth, a Senior Journalist, who happens to be the owner of a restaurant as well.
The August 4th deadline was not taken well by the vendors. They were miffed at such short notice given to them. With the 6 month extension granted to the vendors, many feel it will be far easier to comply with. Many of the food sellers and road side vendors were unaware of this law. "I am hearing about it for the first time. Why should we take licenses as we have set up a stall on the road side? I do not understand the logic behind it. And in the name of this law officials and other concerned departments would try to harass us. Thankfully they gave us sufficient time to get licenses," says Mukundaiah, a roadside food seller at Secunderabad. However with the enforcement of this law millions of food sellers could go out of business. And it would become illegal if they sell food or even distribute it without a proper approval.

Health dept raids eateries Collects six samples from different eating joints, issues notices to owners

Officials of the health department collect samples of  sewage water collected outside the ship in Ludhiana on Thursday. Tribune photograp

Ludhiana, August 2
The health department has swung into action following complaints of a cockroach in a patty at the DMCH canteen and a worm in a burger at KFC. A team of the health department has started collecting samples from big eateries since yesterday. The team today collected six samples of eatables from different eateries.
Food safety officer, Ludhiana, Manoj Khosla said: “We collected two samples of cheese and butter chicken from Chawlas chicken on Chandigarh Road. Though the food was being prepared under hygienic conditions, but the workers were not wearing gloves while serving food. Two samples roasted chicken and cream chicken were collected from Chawlas chicken, Sringar Cinema Road. The food here was being prepared under unhygienic conditions. We have issued notices to owners of both these eateries.”
Food safety officer Harpreet Kaur said: “We collected a sample of aaloo kachauri from Rupali Sweets, Civil Lines as the eatables were being prepared under unhygienic conditions. The floor was dirty, the workshop was not white washed and employees of workshops were also not wearing clean clothes. We issued a notice to the owner. The team also collected samples of gulab jamun from Kalia Sweet Shop, College Road.”
The team collected samples on the directions of District Health Officer, Ludhiana, Dr Kulwinder Singh.
Civil Surgeon Dr Subhash Batta said: “We collect food samples in routine. And now as the festival season has started, we have decided to conduct frequent raids on eateries, especially before and after festivals.”

Government may have accidentally decontrolled sugar with new food law

NEW DELHI: The government may have accidentally decontrolled sugar and other essential commodities by the recent notification of a new law that aims to consolidate laws relating to food quality.

The food ministry has written to the Cabinet Secretariat seeking immediate changes to the Food Safety and Standards Act, 2006. The act has repealed all existing orders under Essential Commodities Act, 1955, that regulates and controls essential commodities and public distribution retrospectively from August 2011.

This has virtually made food ministry toothless, and put a question mark on the legality of the Sugar Control Order, Sugarcane (Control) Order, Levy Sugar Supply Order and Sugar (Packaging and Marking) Order that mandates use of jute bags for sugar.

"The repeal of these orders impacts the functioning of the Public Distribution System, affecting families below the poverty line. It is imperative therefore that immediate action be taken to carry out necessary amendments in the FSSAct, 2006...," the food ministry has written in a frantic note to the cabinet secretariat.

According to the Gazette notification, the section 97 of the FSS Act, 2006, empowers the central government to repeal existing enactments specified in Second Schedule, which include any other order issued under the Essential Commodities Act, 1955 relating to food.

"The supply and equitable distribution of food grain, sugar and edible oils at ration shops is maintained through the Essential Commodities Act, 1955. The imposing of compulsory levy on rice and sugar millers is also exercised through orders under this Act. Now that, all the existing orders are repealed, food ministry doesn't have provisions to regulate supply and distribution of food items," said an industry official, who doesn't wish to be identified.

The ministry officials, however, say that repealing of existing orders will impact the functioning but can't stop from exercising powers.

"There is definitely some ambiguity. We need more clarity on the notification. But it can't stop us from exercising whatever power the ministry has. The FSS Act 2006 may have repealed the existing orders under EC Act but it has not quashed it. We can always frame new orders whenever need be under the EC Act to regulate supply and distribution of food items," said a food ministry official.

Food testing lab to have more staff, better equipment

Dehradun, August 2
Food Safety Commissioner (Uttarakhand) Ranvir Singh today said that for the full implementation of the Food Safety Act in the state, the food testing laboratory in Uttarakhand would be strengthened by procuring superior equipment and hiring more manpower.
“As the Food Safety Act (2006) lays importance on testing, the laboratory at Rudrapur would be strengthened by hiring manpower and equipment. In fact in the coming days the vacant posts in the Food Safety Commission would be filled and complete structure of the commission in Uttarakhand would be set up,” said Ranvir Singh.
He was speaking today at the three-day workshop for the implementation of the Food Safety and Standards Act 2006 for designated and adjudicating officers.
He also said that as the Act envisaged a role for a consumer wherein he could directly submit samples of food for testing for possible adulteration, and if proven, get a refund. “We need to spread awareness about the Act so that consumers are educated about the procedures to follow while collecting samples and then submitting them for tests,” said Singh.
While Joint Food Commissioner Piyush Singh said that for the implementation of the Act, a steering committee headed by the Chief Secretary had been constituted and since the Act came into effect in the state, fines of Rs 1,19,000 have been collected by the adjudicating officers. The commission has collected a total of 669 food samples, out of which 93 samples were found unsafe and in 61, cases have been filed in the court of adjudicating officers.

Food safety teams deployed to visit hotels

The Commissioner of Food Safety has engaged a team in every district, including the representatives of the District Collector, the District Medical Officer, and the Food Safety Officer, to revisit those eateries and hotels which claimed to have complied with the 30-point guidelines for food safety and standards, issued by the Commissioner.

The squads will revisit these eateries and hotels which had earlier been ordered to close during inspections by food safety officials for poor hygiene, to check if these were fit to be re-opened. The food safety officials had inspected 1,081 hotels/eateries across the State and had ordered 66 of these closed for not maintaining hygiene and food safety regulations. In Thiruvananthapuram, a squad led by District Food Safety Officer D. Sivakumar inspected the hotels while in Ernakulam, the inspections were led by a team led by Food Safety Officer K. Ajith Kumar.

Of the 10 eateries which were revisited by the officials on Tuesday, only three were found to be complying with all the guidelines. Officials had recommended to the Commissioner of Food Safety that three establishments — Hotel Lakshmi, General Hospital Junction, Thiruvananthapuram; Kudumbasree Canteen, Museum Compound, Thiruvananthapuram; and Cochin Tourist Home, Nalanda Restaurant, at Ernakulam; be allowed to be reopened. Two establishments were ordered to be closed by officials in inspections held in the capital city on the day. These are Salkaram restaurant (inside Ananthapuri auditorium), Jagathy, and Hotel Amaravathi, Pulimoodu.

Meet on food safety ahead of festivals

A high-level meeting will be held here to discuss and decide on steps to counter food adulteration and sale of stale food and meat products during the Onam and Ramzan period.
Ten ministers would attend the meeting called by the health department on August 13. Health minister V.S. Sivakumar’s office said the authorities would draw up a foolproof plan after the high-level meeting to check food adulteration.
The meeting will be attended by ministers of finance, tourism, health, local self government, animal husbandry, fisheries and agriculture.
“The meeting will review the current scenario and decide on the steps to check adulteration in food items. Screening of hotels alone will not help. We should check the quality of the items used for
cooking,” the minister’s office said.
Meanwhile, the government has decided to grade hotels and restaurants. As part of this, the health department has asked officials to make a list of the hotels, restaurants and thattukadas.

It’s time to say adieu to sodexo coupons

The Chief Food Safety officer, who had ordered closure of a restaurant in Technopark citing poor hygiene, was more than surprised when he visited the hotel again on Tuesday to review the situation. Hiding the notice of the Food Safety Commissioner, the authorities of the Kalpaka sea food restaurant had placed another notice stating that the hotel was closed down for maintenance and would be opened on Wednesday.
“We have again ordered them to close down the hotel until they meet the standards set by the Food Safety Authority,” said Chief Food Safety Officer D Sivakumar.
The Food Safety Authority had served notices to more than 10 food outlets in Technopark in an inspection conducted three days ago owing to poor sanitation facilities.
Techies, who depends a lot on fast and junk foods, are a worried lot. In the wake of recent controversies related to the ‘shawarma’ incident, more techies are opting for homely food.
Recently, employees of the IBS Software Services Private Limited had a strange experience from a food outlet in Technopark. “We were served rotten chicken from Chicking in Technopark. We have filed a complaint before the Food Safety Commissioner through email. However, he hasn’t responded yet,” said Binoy, an employee of the IBS.
Not just the food joints in Technopark, hotels on Kazhakoottam area too have been served with notices for poor hygiene prompting the techies to opt for homely food services offered by nearby houses.
Some of the techies are regular visitors of nearby Punjabi Dhabas which serve healthy and tasty vegetarian foods. A good number of techies bring food from home too.
For techies, it is time to say good bye to sodexo coupons, at least for some time.

More stress on hygiene: BAKE

 

The Bakers’ Association, Kerala (BAKE) will cooperate with the authorities if periodic inspections are carried out at bakeries, association State president P.M. Shankaran has said.
Talking to The Hindu after presiding over BAKE’s district convention here on Wednesday, he said the focus of the association would be on ensuring cleanliness and hygiene during the entire manufacturing process.
Underscoring the need to return to traditional food habits, he said BAKE had launched a major awareness campaign among its members on the need to maintain quality through hygiene.
“Quality and hygiene cannot be ensured unless there is a dedicated effort,” he said.
BAKE would also insist on implementing the 14-digit number licence as stipulated by the Food Safety & Standards Authority of India Act.
BAKE members had been taking adequate steps to ensure cleanliness. Harassment of members in the guise of inspection by authorities would not be allowed, he said.
The variety of products shutting down of local baking units would usher in branded and high-cost multi-national food companies. This would harm the interests of indigenous food manufacturers, he said. People should renounce the ‘unhealthy, fast-food culture,’ he said adding that BAKE had been on a ‘mission’ to do away with ‘coloured baked items’ and other artificial ingredients.

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People urged to return to traditional food habits

Plea to promote indigenous food manufacturers

Hotels and eateries in Kerala lack freezers

The recent raids on hotels and eateries in Kerala by the food safety authorities and the corporation health squad have revealed that only less than 10 per cent of the hotels and eateries had proper freezer facilities. Further, only a very few hotels stick to the stipulation that the freezer should be turned under –18 degree Celsius.

This fact was exposed during a debate on “Hygienic Food Right of The Citizen,” organised by the corporation recently.

B. Sasi Kumar, health inspector of the corporation said that many hotels, irrespective of their class, lack proper waste disposal facilities.

“We found that only less than five per cent hotels have covered bins to collect waste, which is mandatory,” he said in a report by Deccan Chronicle.

Refuting the claims of the representatives of Kerala Hotel and Restaurants Association (KHRA) that only the Commissionerate of Food Safety officials have the right to raid hotels, Sasi Kumar said, “Under the Kerala Municipal Act, the D&O trade licence is issued to hotels by the local bodies and the relevant rules under it empower local bodies to conduct inspections in eateries”.

Rather than discussing the measures to be taken to ensure hygiene and quality food, the debate mainly cantered on who the responsible authority to conduct the raids, was.

Earlier, inaugurating the debate at the Ernakulam Town Hall, district sessions judge P. Mohandas said that in food adulteration cases, the big manufacturers always go scot free while the small traders get trapped.

The corporation conducted the debate against the background of the recent raids on hotels and the reports on poor quality food being served.

“What’s needed to tackle the issue is a concerted effort, rather than a mere enforcement of law. All recommendations that come out of such healthy debates will help in streamlining the hotel industry,” said Mayor Tony Chammany.

T.K. Ashraf, health standing committee chairman introduced the topic. Advocate Jayasankar who led the debate remarked that a major factor contributing to the issue is the public’s lack of awareness about health issues and society’s changing food habits.

Jose Mohan of KHRA demanded that the raids be conducted in compliance with the FSS (Food Safety and Standards) Act and hotels should not be closed down without giving them a notice period to rectify their shortcomings.

Arsenic eyes rice nutrients

The heavy metal can disrupt amino acid synthesis in the grain 


ARSENIC accumulation in rice is something that is largely unexplored. A study has now found that the heavy metal can disrupt amino acid synthesis in the grain, a staple diet for many. This can reduce the levels of essential and non-essential amino acids found mainly in rice which are essential for a healthy life.
Essential amino acids like lysine, phenylealanine, histidine and methionine not only improve digestion, stimulate hormonal release and enhance memory, they are also the building blocks of all proteins. Deficiency of glutamic acid, a non-essential amino acid, has been linked to Parkinson’s disease.
For the study, researchers from India and the UK analysed arsenic and amino acid contents in 16 rice genotypes grown in arsenic-contaminated soils in West Bengal. They chose three regions—Chinsurah in Hooghly district, Purbosthali in Bardhaman district and Birnagar in Nadia district. They found that the levels of arsenic in groundwater of the three sites were 17, 27 and 53 microgramme/litre (mg/l) respectively. The concentrations of arsenic in soil varied from 10.4 mg/l in Chinsurah to 12.6 mg/l in Purbosthali and 15.5 mg/l in Birnagar. The acceptable limit for arsenic in groundwater, according to WHO, is 50 mg/l and the permissible limit of soil arsenic as set by the European Union is 20 mg/kg soil.
The rice genotypes were then divided into two categories based on the arsenic accumulation behaviour—low arsenic accumulating rice genotypes (LAARGs) and high arsenic accumulating rice genotypes (HAARGs).
The researchers found that the levels of essential and non-essential amino acid differed significantly in HAARGs and LAARGs. In most of the genotypes the levels of amino acids reduced significantly as the arsenic concentration rose. The researchers say this is due to the heavy metal altering the degradation of the proteins and subsequently leading to inhibition of amino acid synthesis. The levels of essential and non-essential amino acids in rice were the highest in Chinsurah.
They also found rice varieties that resisted arsenic accumulation in areas with high levels of the heavy metal in soil and vice-versa. The study will be published in the October 1 issue of Environment International.
The findings can act as a guide to identifying rice varieties suitable for growing so that the grain has minimum arsenic concentration and highest levels of required amino acids, says Rudro Deo Tripathi, scientist at National Botanical Research Institute.

Junking the myth

Fast food from cafeteria worse than food which is simply oily 

A COMMON argument of proponents of fast food is that such products are not very different from oily food made at home. But scientists at University of North Carolina’s Gillings School of Global Public Health in the US say eating oil-laden home made French fries and burgers is not the same as gobbling up the same food at your favourite fast food joint.
They studied the immune responses in rats to three types of diets—control diets, a lard-based high-fat diet and a cafeteria junk-food diet consisting of nutrient-poor snacks, such as salami, chocolate, cookies and chips. They found that a diet based on cafeteria junk food could lead to more obesity-induced inflammation (tenderness and swelling of fatty tissues) than a diet high in saturated fat.
The reason for this is that besides saturated fat, cafeteria diet contains saturated fat, trans-fats, sodium and cholesterol all of which are associated with increased risk of coronary artery disease, stroke and type 2 diabetes. Cafeteria food alters metabolites produced during the conversion of food to energy. One of these is metabolite lauroyl carnitine which could be responsible for obesity-induced inflammation and increased insulin resistance.
The researches suggest that cafetaria food should be used for modelling studies on obesity as they have more adverse effects. “Cafeteria diet is highly palatable—salty, fatty, sweet and has variety,” says Liza Makowski of the Gillings School, who led the study.
“It is well known that obesity causes inflammation that leads to diabetes, and this study has provided us with additional chemical clues or biomarkers that actually cause inflammation we can now study in human populations to better understand obesity and diabetes risk,” adds Makowski.
In India, too, the trend of eating out has been gaining popularity in the past few years. According to RNCOS, a marketing research firm based in Delhi, Indian fast food industry is expected to grow at a rate of 34 per cent during 2011-14. “While eating out with friends in a fast food outlet, we do not actually realise how much we are eating,” says Rekha Sharma, former chief dietician at All India Institute of Medical Sciences and director of Diabetes Foundation of India, a non-profit based in Delhi.
As a result, over the years, increase in cases of obesity and diabetes has been observed in India, too. According to the International Diabetes Federation, India was home to 61.3 million of total 71.4 million diabetes patients in Southeast Asia in 2011. An estimate by the National Family Health Survey in 2005-06 showed that 14.8 per cent women and 12.1 per cent men were either obese or overweight in the country.

Gutkha sympathiser

For long, Centre remained silent over whether states can ban the chewing tobacco

Photo: Sayantoni Palchoudhuri
IN A span of four months, nine states have announced a ban on gutkha, a chewing tobacco that is responsible for 80 per cent of oral cancer cases in the country. The latest in the league are Rajasthan, Jharkhand and Haryana that announced the ban in mid-July.
A Central government regulation that bans tobacco and nicotine laced food products has been in place for almost a year. The Food Safety and Standards Authority of India (FSSAI), a statutory body under the Union health ministry, had issued the regulations on August 5, 2011. But it took the states around eight months to get clarity whether they can ban gutkha as per the Food Safety and Standards regulation.
Several documents and communications with FSSAI officials show that till recently neither the health ministry nor FSSAI took a firm stand on whether gutkha is a food or a tobacco product. Additional secretary in the health ministry, Keshav Desiraju, sent letters to all states recommending the ban only on April 25, 2012, after Madhya Pradesh went ahead on its own and banned the sale and storage of gutkha on April 1.
After the ban by Madhya Pradesh, states moved swiftly to impose the ban, which has left the smokeless tobacco industry in a tizzy. They are now dragging states to courts, calling the ban illegal. In Madhya Pradesh, the industry has filed three court cases against the state government challenging the ban. Four court cases were filed in Kerala and one in Bihar.

After two failed attempts to ban gutkha, first in 2002 and then in 2007, Maharashtra is treading cautiously. The state government has also invoked Section 30 of the Food Safety and Standard Act (FSSA) of 2006, which gives powers to states to ban any food product for a year in public interest. Along with chewing tobacco products, it banned paan masala, which does not contain tobacco but has an equally harmful chemical—magnesium carbonate. Just before announcing the ban, it also filed a caveat in the Bombay High Court on July 20 explaining why it is banning the product. The caveat will not allow the industry to seek a stay on the ban without giving opportunity to the government to present its case. The ban on gutkha and paan masala in Maharashtra alone will result in loss of revenue of around Rs 100 crore (about US $17.8 million) per year. According to the Planning Commission, the revenue from tobacco products annually is around US $1.62 billion.
Not surprisingly, the Centre has been reluctant to lose so much money.
Long-run reluctance
On August 5, soon after FSSAI issued the notification, Arun Prasad, then joint secretary in the Union health ministry, had told this correspondent that gutkha cannot be banned as it is a means of livelihood for millions of people. It can only be “regulated” under the Cigarettes and Other Tobacco Products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) Act (COTPA) of 2003, he had said.
On March 16 this year, FSSAI director (administration), Asim Chaudhary, had told Down To Earth that FSSAI is not clear if the regulation is applicable to gutkha. “The matter is in court,” Chaudhary had said.
On May 4, during the Lok Sabha question hour, members of the opposition Bharatiya Janata Party had urged the Centre to take cue from Madhya Pradesh and ban gutkha. Union health minister Ghulam Nabi Azad said that he alone cannot take a decision on banning gutkha; he would have to consult the Union finance ministry.
Sources say that gutkha industry’s interference is the reason for the Centre’s delayed recommendation and some states’ inaction to ban gutkha. It is rumoured that the assembly elections in Assam last year were fought on donations from the gutkha industry. A Noida-based chewing tobacco products manufacturer, has a factory in the state. Another reason for the lack of will on part of the government to ban gutka could be investments made by public sector companies in the gutkha manufacturing companies (see ‘LIC’s unhealthy choice’,).
The Union health ministry took its first official stand on the matter in an affidavit filed in the Delhi High Court in December 2011 in response to a case filed by the Dharampal Satyapal (DS) Group, challenging the new FSS regulations. The affidavit notes that FSSA definitions of food, ingredients, additives include products like paan masala and gutkha.
Industry hides under tobacco law
The industry calls the ban illegal, saying that COTPA is a special Act and FSSA is a general Act. So, despite FSSA being enacted in 2006, three years after COTPA, the latter does not stand repealed. “A special Act always comes above the general Act. When FSSA came into force, COTPA was not repealed. So gutkha is still regulated under COTPA,” says Sanjay Bechen, executive director of Smokeless Tobacco Federation, an association of smokeless tobacco producing companies in the country.
The federation is in possession of a RTI reply from FSSAI, dated June 29, 2012. The applicant had asked the food regulatory body whether gutkha is a tobacco or a food product and if it comes under FSSA or COTPA. The reply notes, “As per the extant Food Safety and Standards Act and regulation, gutkha has not been defined as food”. This shows the double standards adopted by FSSAI, says Bechen. “In court they say something else, and in the RTI response, they agree gutkha is not food.”
FSSAI chairperson K Chandramouli, however, clarifies that “FSSAI’s stand is clear. Gutkha is a food product. Now it is up to the states to implement it and enforce the ban.” The RTI reply may be specific to the questions asked, he adds.
In the affidavit submitted in the Delhi High Court, the Union health ministry notes that section 89 of FSSA overrides all other legislation, including COTPA. It adds that FSSA is also a special Act as it regulates laws related to food and food safety. The government also slams the smokeless tobacco producing companies’ claim that gutkha should be regulated under COTPA as it is taxed as a tobacco product. “Their payment of taxes has no bearing on the quality of the gutkha,” the affidavit notes.
The Union government has, meanwhile, sought the transfer of the DS Group case to the Supreme Court, saying the apex court is already hearing a case on the issue filed by the Central Arecanut Marketing Cooperative. On August 3 the Supreme Court will decide whether it will admit the DS Group case. If it admits the case, all ongoing cases against the states’ ban on gutka will have to wait for the apex court’s order.
Even if the apex court orders in favour of a ban, officials say the ban by a countable number of states will remain ineffective because of porous borders. Gutkha is still available in states that have banned the product, though they are not openly displayed in kiosks. To make a ban on gutkha foolproof, doctors and cancer patients’ associations in states like Uttar Pradesh and Karnataka are mounting pressure on governments. In Uttar Pradesh, the Indian Dental Association has filed a public interest petition in the Allahabad High Court, asking the government why it is reluctant to ban chewing tobacco products. Uttar Pradesh increased VAT on tobacco from 12.5 per cent to 50 per cent on June 30. The Madhya Pradesh government has also urged Uttar Pradesh to ban gutkha to make its ban effective.

Cereal Offenders

Doctors, stunned by the increase in patients with gastro or digestive-system linked cancers, are suggesting the need to do away with sugar—and breakfast cereals

Over the last few years, an amazing and visible change has taken place in India, and that has to do with the easy availability of such processed and manufactured foods as well as the ailments which follow, with digestive and gastro issues taking pole position.  Certainly, low sanitation has one part to play with this, especially the quality of water we drink. But more importantly, it is the rapid change in dietary habits in urban India which is a major change in the reasons behind medical issues, and only one of the areas where it is showing up in huge numbers is cancer.

For example—sweetened coloured carbonated soft drinks, were sold and available out of small cottage industries which had not learnt the art of adding more salt so that they could make you crave for another within a short time. And to counter all that salt, they then had to add more sugar. And since sugar was expensive, other chemicals masquerading as sweeteners have now been added. (Readers may be glad to observe that the number of celebrities endorsing soft drinks appears to have come down now, especially after Yuvraj Singh’s unfortunate episode with cancer. (Cancer Colas: Slowly being outcast by the West, Colas exploit India through unaccountable celebrity endorsements)

Or take another example—pre-packaged polished rice or refined flour was simply not available. Indian food simply didn’t taste the same with this base for a meal. Besides, everybody knew that the real nutrients as well as value came when you ate it without losing all the good parts. And the end products, bread or biscuit, were mostly made locally—from fresh ingredients sourced locally, too. Not loaded with garbage in the name of add-ons. (How does the wood in your bread, biscuit taste today?)

However, within the Indian context, even in the poorest of families, breakfast was the main building block of the day’s meal. Something which had to provide everybody with a reason to go, work, study or whatever. It was healthy, freshly cooked, and it was of prime importance that people knew what went into it.

A lot of that appears to have changed in the last decade or so. And one reason for it is the massive push being given to packaged breakfast cereals. Famously, it has been said more than once, including in the US Congress that the boxes they came in provided more nutrition than did the breakfast cereals themselves—and this was never contested or denied by the breakfast cereal industry. But, based heavily on advertising and marketing, the push for space on your table is huge. Simply put, the more they spend for the effort involved in getting breakfast cereals, the less you will get in terms of value.

This heavy push to try and change Indian breakfast eating habits does not come cheap, for anybody who knows what the cost of advertising is, or the charges levied for retail display space. After soft drinks, breakfast cereals are now the second highest marketed food products in India, and that is saying something for a category that simply did not exist here a decade ago. In the words of one advertising guru, the brief given was to make it a lifestyle product for children, with the power of pestering their parents. So, free toys, provocative advertising, and somehow connecting breakfast cereals to “family values” and “healthy lifestyles”, all this and more, made sure that you brought cereals home.

But what, then, is the link with cancer?

Doctors one speaks to are not very sure, but that old villain—excess sugar and salt—raises its head again. And why is there so much of it? Well, sugar provides the ‘bulk’ feeling and salt provides the taste, and the manufacturers have to provide something for the Indian palate—so up goes the sugar and the salt. In effect, when you are eating a bowlful of cereals, especially the so-called high fibre sorts, you are likely ingesting more salt than an equal weight of potato chips.

So where is the Food Safety and Standards Authority of India on breakfast cereals? As usual, nowhere, other than saying that they adhere to Indian standards. Which, actually, say nothing about the process to be used to make them in the first case, which is where the trouble starts. What sort of corn goes into making corn flakes sold in India, for example?

Even the crows don’t touch GM corn anymore...

Typically, when you manufacture a breakfast cereal, you are simply running the base grain through high temperatures, using a variety of processes to remove most of the natural nutrients, and then replacing them with artificial additives. This is done to (a) prevent the cereal from going rancid and (b) keeping the cereal crisp. The additives can include the mythical Vitamin D as well as our famous plant fibre, and of late, the new buzzword is Omega-3. The problem is, all these make the whole thing taste unpleasant, at least to children, so add more sugar.

Of course, after that you add milk and you guessed right—added more sugar.

So does this conclusively prove that breakfast cereals are now an additional possible cause for cancer?

The point is this we still don’t know what goes into breakfast cereals sold in India. And like there are people still denying that tobacco causes cancer, there are those who will sing the glories of breakfast cereals, so strong is the cereal lobby.

But if you ask the doctors, mostly over-worked and some absolutely stunned by the vast increase across all social and class levels of patients coming in with gastro or digestive system linked cancers, they are increasingly suggesting lifestyle changes need to do away with sugar. And breakfast cereals.

Breakfast cereals on their way to becoming serial offenders? It’s your life and it’s your money. Why do you want to spend it on cancer?

 With credit to Felicity Lawrence’s books, “Eat Your Heart Out” and “Not on the Label”. 

No food testing facility, results take a month

No food testing facility, results take a monthIn view of the forthcoming festive season, the health department has initiated a drive to collect food samples. However, the exercise is not likely to yield results. Reason: Gurgaon lacks a testing facility and the samples have been sent to a Chandigarh-based laboratory, from where the reports will arrive after a month. Every year, the health department initiates a drive to collect food samples.
In the last 15 days, 12 samples have been collected from sweets shops. But so far the department has not received any report on these.
The authorities are sending regular reminders to the Chandigarh-based centre to speed up the process so that residents don’t consume adulterated sweets. “We have been collecting samples from all sweets shops. Our role ends after the samples are sent to the laboratory for testing. We’ve been sending them reminders, but it takes time to prepare the reports,” said Dr Parveen Garg, chief medical officer. 
He further said, “We don’t have laboratories in Gurgaon where food samples can be tested. The samples have to be sent to Chandigarh.”
As per the Food Safety and Standard Act, a fine up to Rs. 5 lakh can be imposed on shopkeepers if a food item is found unfit for human consumption. There is also a provision of imprisonment up to three years.
Nearly 25 shopkeepers have been convicted for selling adulterated food items during the last two years in the district.
With implementation of the Food Safety Standards Act-2006, the authorities were hoping that reports of food samples would be declared within 14 days. CR Rana, commissioner, FDA, could not be reached for comment.

To comply or not? – Food Safety & Standards Act

The much needed draconian, almost impossible to believe, Food Safety and Standards Act 2006 is upon us. The harbinger of the arrival of multi brand retail which will put an end to hot bajjis and vadas from roadside tea shops and you cannot cook for your weddings and festivals without a license! Amazing is the way we have licensed ourselves to cook, eat, drink and celebrate. After a brief hesitation, we went ahead and filed the applications for our three Green Shops and Jenarsh, our honey packing unit. Except Coonoor, the other three places have been inspected by Food Safety Officers who have left a few queries. Important one is, we should not use the word “organic” as we have to get the products tested! One lifetime spent on organic, the certification business and Participatory Guarantee Systems! Our core value of promoting organic is under threat now, as we cannot do business without a FSS license. We are working along, crossing the hurdles as they come and looking for ways to comply with the regulations. Wish us good luck.

Impact of FSSA on corporate groups: How to manage a canteen in a better way

By Ashwin Bhadri, Food Safety Expert, Equinox Labs

The year 2011 would be marked in gold in the history of India, as the government finally decides to give due importance to the cause of general health and hygiene by way of ensuring food safety. The Food Safety & Standards Act (FSSA), 2006 will be implemented as a law with effect from August 5, 2011. A one-year compliance period was given, which ends on August 4, 2012.

COMPANIES' WORRY

What does a BPO (business process outsourcing) in Malad West and a corporate business park in Andheri East have in common? A cafeteria for its employees. This facility provided to the employees can become a business risk pretty soon.

In most of the cases, the food served at these places are catered by private companies or food business operators (FBO). Ensuring food safety and hygiene becomes all the more difficult under this outsourced business model. Because of the highly discounted pricing structure of the caterers, they have to operate on very thin profit margins. Thus, they try to cut corners and costs to increase their profitability. It is often noticed that under the great urge of cutting costs, the catering business owners cut down activities that are extremely essential for food safety, viz. regular pest control, regular health check of the food handlers, regular hand washing and hand sanitising mechanism, etc. Though these are simple and inexpensive measures of hygiene, they are often ignored and neglected by FBOs.

Though it is not understood by many, the costs of such wrong practices are actually borne by the employees eating in the canteens and also their employers. As a result of negligence by FBOs, food poisoning still remains a common phenomenon in the canteens/cafeterias. The customers of these canteens, often the employees of the companies, fall ill because of the contaminated food being served by all the food vendors.

So where is the risk? FSSA allows the consumer to take the responsible party to the court. Not the normal courts, but appellate tribunals and special courts, which would ensure that the case comes to trial in less than 30 days. Any company found to have contracted a food vendor, without the FSSAI licence / registration would be prosecuted by FSSAI / FDA ( Food and Drug Administration). The responsible managers handling F&B / catering /canteen / cafeteria will also be held responsible. In the case of any unfortunate incident like food poisoning, outbreak of foodborne diseases, if proper documentation is not maintained, the authorities have the right to prosecute the person responsible with monetary penalties ranging between Rs 1,00,000 up to Rs 10,00,000 and/or imprisonment from six months up to lifetime, depending upon the severity of the case and the documentation maintained as safeguard.

Companies can safeguard themselves by doing the following: First, ensure registration/licensing of the food vendor's central kitchen: All the food vendors that have been contracted by a corporate house needs to be registered/licensed with the FSSAI / FDA. The corporate company needs to keep a copy of its vendor's central kitchen license.

Second, registration/licensing of the corporate canteen/cafeteria: If any food items is being cooked / stored / served in the corporate canteen, the vendor needs to take a registration / license for that location. The corporate company needs to keep a copy of this license with it.

Third, adoption of a Food Safety Management System Plan by the vendor: Under the new law it is mandatory for every FBO to prepare a food safety management system plan. This plan ensures quality monitoring of the food produced across the entire food manufacturing process. The corporate company should review this plan, and audit it regularly.

Fourth, potable water being used for cooking: All the food manufacturing bodies and food serving canteens need to get the water from a source which is tested for "potability." This would ensure that the water being used for cooking is drinkable and is safe for human consumption.

Steps to enforce Food Safety Act

 

The Health Department is preparing to embark on a major exercise to prepare a databank or the statistics regarding hotels and other food businesses in the State, as part of implementing the Food Safety and Standards Act, 2006 effectively.

Not only would the statistics on hotels and food establishments collected, each of the establishments would be graded into various categories. The Food Safety wing and the Health Department will also come out with detailed and separate guidelines on maintaining food safety and standards for food establishments in rural and urban areas.

This was decided at a high-level meeting of food safety and health officials called by Health Minister V.S. Sivakumar here on Tuesday.

Ensuring the safety of ethnic food products and maintaining fool-proof standards for food products in rural markets, enhancing the production of safe and pesticide-free food items through scientific farming methods and ensuring the safety of drinking water sources would be given priority when formulating the guidelines for food safety in the rural context.

Corporation determined to continue hotel raids

Even as confusion prevails on who could be termed the sole authority responsible to conduct raids on hotels, the Corporation will re-start raids on all hotels and other food stalls in and around the city on Wednesday. According to Corporation health standing chairman T K Ashraf, they will continue to raid hotels despite stiff opposition from the latter.

In an open forum on ‘Safety is Every Citizen’s Right’ conducted by the Corporation on Monday, the Hotel Association members locked horns with the Corporation. They stated that the authority to execute powers over the hotels and other food stalls were with the Food Safety officers. They also expressed their strong protest against the Corporation stating that the powers of the local bodies to conduct raids on hotels were long repealed once the Food Safety and Standards Act came into being since 2006.
The hotel owners also alleged that most of the hotels were being closed without prior notice.
However, speaking for the Corporation, Health Inspector Sasikumar pointed out that the local bodies have the rights to raid hotels as per the Kerala Municipality Act. “We are not shutting down any hotel on account of stale food. Only those that were found to be in the most pathetic of conditions were asked to be shut,” he said.
Food Craft Institute, Kalamassery Principle Sam Thomas viewed that lack of Malayalis taking up work at hotels was giving  opportunities to migrants from other states, and this has been impacting the hygiene standards. “The cleanliness level among them is lower and this is a serious factor that should be considered,” he said..Food Safety Officer Abdul Jaleel, Vegetable and Food Promotion Council member Joji K Mathew, Advocate Jayashankar, EDRAACH president Ranagadasa Prabhu, Mayor Tony Chammany, Deputy Mayor B Bhadra and members of the Hotel Owners Association and the Bakery Owners Association were also present.

Gutka makers get no interim stay, HC to hear govt first

The Bombay high court on Monday refused to grant interim stay on the ban on the sale of gutka in the state and issued a notice to the government asking for its reply on the petitions filed by gutka manufacturers challenging the ban.
A division bench of chief justice Mohit Shah and justice Nitin Jamdar asked the government to file a reply by August 7, while hearing the petitions filed by gutka manufacturers – Dhariwal Industries Ltd, Ghodawat Pan Masala Product, Rajnandini Foods, SDD Agencies and Hira Enterprises.
The court refused to grant interim stay on the ban saying no order could be passed without hearing the government.
Anticipating such petitions, the government had filed a caveat in the HC to ensure that no interim stay can be imposed on the ban without their knowledge. Once a caveat is filed, no order can be passed without hearing the party which has filed it.
Government pleader DN Nalavade informed the court that the state had not been given copies of the petitions.Nalavade also assured the HC that the government would not destroy gutka pouches.
Gutka and paan masala manufacturers had sought the quashing of the stat’s notification, dated July 19, and two regulations under the Food Safety and Standards Act (FSSA) 2006, under which the ban was brought into effect.
The petitioners contended that gutka, which contains 6% tobacco, has no nutritional value and hence, it cannot be brought under the purview of the FSSA that deals with “food”. They added that as gutka contains tobacco, it would be governed under the Cigarettes and other Tobacco Products Act, 2003, a Central government legislation.

Breather for dhaba, restaurant owners Govt extends deadline for licence renewal by six months

Jammu, July 31
Following threats of protest by dhaba and restaurant owners, the government has extended the time limit for conversion and renewal of existing licences by six months. The food handlers had to complete the process by July 31 but now, they can get the work done by February 2013.
The eatery-owners, including those in the capital cities Jammu and Srinagar, have been urging for deadline extension to their respective municipal corporations, saying it would be difficult to complete the process by July 31.
As per the Food Safety Commissioner, all the food business operators were directed to renew their existing licenses, registrations granted under the repealed Food Act/Order under the Food Safety & Standards Act, 2006 and Food Safety & Standards (Licensing & Regulation of Food Business ) Regulations, 2011.
“By virtue of this act some science based standards for the article of food were laid down. This act has enabled the central government to take under its control the food industry of the country”, said an official.
Under this food safety act every food business retailer or manufacturer have to register with the licensing or registering authority. The food safety & standards act says that even petty manufacturer shall follow the basic hygiene and safety requirements provided by these regulations.
The petty food business operators include small retailer, roadside food vendors, hawkers, stall holders, cottage industries relating to food business, meat/mutton/poultry business operators with the slaughtering capacity of two larger animals or 10 small animals or 50 poultry birds per day.
As per the government order, the people associated with the food industry can complete the process in the next six months, so that they are able to run their business.
“We welcome the step as the six-month extension will allow the traders to complete the process in a hassle-free manner,” said YV Sharma, president of the Chamber of Commerce and Industry, Jammu.
The Food Safety & Standard Act states that the food business manufactures have to ensure that his premises are free from the growth of mould, fungi and infection. “The workers for preparation of various food articles shall put clean aprons, hand gloves, head wears and keep their nails trimmed, clean and wash their hands with soap and detergent before commencing their work,” states the new food act.
Municipal Commissioner KL Khajuria said the the people associated with food business should adhere to these new rules. “Action will be taken against those who violate the rules,” said Khajuria., adding
“After the expiry of the new deadline, closure notices would be issued to defaulters.”