Food and Drugs Administration justifies drive as eatery owners cry foul

NAGPUR: Although many restaurant owners and their associations are calling the ongoing drive by the Food and Drugs Administration (FDA) illegal and meant to harass, FDA officials said the drive was well within the purview of the new Food Safety and Standards Act ( FSSA) 2006 and Food Safety and Standards Regulation (FSSR) 2011. They said it was targeted at creating awareness among the hawkers and eatery owners that they had to register or seek licence for their business from FDA.
The acting Joint Commissioner of FDA Nagpur division Ashok Giri told TOI that the administration was only doing its job. As per the FSSR-2011 both petty food business operators (with annual turnover up to Rs 12 lakh) and food business operators (with a turnover of over Rs 12 lakh) have to register themselves with FDA. "There was a grace period of one year (from August 5, 2010, when the regulation came into being till August 4, 2011) for those who already possess a registration or a licence for registering with FDA under section 2.1.2 -Licence for food business section. Those whose licence had expired or those who started a new eatery after December 31, 2011, when the Nagpur Municipal Corporation ( NMC) registration ended, have to register and obtain a licence otherwise they are liable for prosecution. FDA has the authority to close down the eating joints under section 31(2) until they register," said Giri.
FDA claimed it had held a number of awareness drives to share the provisions under the new act with the owners as well as their associations. The drive became necessary since many had not bothered to register. Talking about provisions in the Act that restaurant and hotel owners were finding impractical, Giri said that the FDA was just an implementing agency and could not comment on the law.
FDA started raiding the hawkers and restaurants from Tuesday beginning with eateries in and around the VCA complex. It was followed by traffic park area on Wednesday and Ambedkar garden near Chhapru Nagar chowk and eateries in front of Big Bazar in Wardhman nagar on Thursday. Tejinder Singh Renu, secretary of Nagpur Residential Association claimed the FDA had no authority to close a food joint without a licence. "It can only issue a notice," he said.
Association's lawyer Harnish Gadhia maintained that as per the Act, FDA had to give breathing time till August 4, 2011, to even eateries whose licences had expired. "FDA is forcing units to register immediately," he said.