Specify contaminant level in water used for food, says FSSAI expert panel

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

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

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

The expert group under the chairmanship of then CEO VN Gaur deliberated upon the Standards for Water used in Food during its manufacture, preparation or treatment.
It opined that the standards of water were drafted for the food business operators who had commercial interest and therefore it was their responsibility to source water from appropriate places and maintain the desired quality of the water.

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

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

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

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

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

ii) Water-based beverage with added micronutrient: This may contain added vitamins, electrolytes, minerals with or without permitted sweeteners, additives and may also contain ingredients mentioned in category i) to be used singly or in combination but not more than the limit prescribed for these ingredients in category i).
a. It was pointed out that safety aspect of the parts of plants used in water based beverages should be added in form of a foot note. A reference of the herbs which can be used and those which are permitted should be mentioned as foot note.

b. Experts opined that special reference should be given as a foot note for psychotropic substances like opium etc. derived from plants and herbs, which shall not be used in these water based beverages.

c. Good established practices for use of the flavours, extracts, their limit of addition etc. should be a part of the foot note. Additional information on existing practice of addition of flavours in the water based beverages and its quantity in percentage may be obtained from the manufacturer's association.

d. The expert group opined that necessary addition to be done in category 2 of water based beverages that herbal water should contain flavours of natural origin only.

e. The group suggested that the statement under provision 2.10.6, para 2 “shall not be packed, distributed or sold in returnable containers”, should be deleted .

f. It was asked to collect data regarding the use of natural/ nature identical flavours in water from European Union, USA, UK/CODEX.

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

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

FSSAI’s middle path; goes easy on licensing by making certification optional

Following the spate of agitations across the country against the new Food Safety and Standards (licensing and registration of food businesses) Regulations, 2011, the Food Safety and Standards Authority of India (FSSAI) has attempted to carve a middle path by issuing an advisory that has made the long-winding Food Safety Management System Plan (FSMS) certification procedure for Food Business Operators (FBOs) optional.

The advisory issued by the FSSAI said, “Considering the difficulties faced by the FBOs in complying with the FSMS, a document that records the entire list of the activities carried out by the food manufacturer or handler or reseller of food in ensuring that the food is safe and facilitating the issuance or renewal or conversion of new licences during the transition period of one year, it has now been made optional.”

Further, it stated that in lieu of this, the applications for licensing should be accompanied by an affidavit by the FBO on a non-judicial stamp paper declaring that it would follow good manufacturing practices as mentioned in Schedule 4 of the abovementioned regulations. It means that a mere declaration by the FBO that it will ensure food safety as per regulations will be enough, instead of the earlier lengthy procedure of proving safety of food and obtaining certification.

Reacting to the development, Prabodh Halde, vice-president, Association of Food Scientists and Technologists, India (AFSTI), “I think it is a positive step that the apex regulatory body has taken in order to ensure safety of the consumers and also making the manufacturers easier to obtain a licence hereafter.”

Halde felt that henceforth, the initiative of the FSSAI would only fasten the speed of licensing in the country.

Meanwhile, Anil Kumar, joint commissioner, FDA, Kerala, explained, “A copy of the advisory note had already been circulated to all the food safety commissioners in the states and designated officers of FSSAI and other authorised officers and we have been waiting for the decision.” He was confident that the Authority was capable of working on the problems the FBOs were facing and coming out with convenient solutions. He added that these issues would be discussed at a workshop to be held on April 20 by FSSAI in New Delhi.

However, S V S S Velshankar, honorary secretary, Tamil Nadu Food Grains Merchants' Association, argued that the regulations had to be further simplified as per Indian standards in favour of small and medium traders. He also feared that though some leniency was being shown right now, FBOs might be harassed at a later stage with regard to food safety.

Angry F&B industry protests FSS Regulations 2011, meets Ghulam Nabi Azad

Groups of food merchants and food business operators (FBOs) that have been protesting against certain provisions of the Food Safety and Standards Regulations (FSSR), 2011, which they claim to be “glaring loopholes,” are currently in talks with Ghulam Nabi Azad, health minister; Pranab Mukherjee, finance minister, and Sushma Swaraj, Bharatiya Janata Party leader and member of Parliament, Lok Sabha; seeking a solution to the burning issue.

Not only the top echelons, the agitation seems to have shaken up the entire food & beverage sector and allied segments in the country. That is because, protests against the FSSR, earlier, noticed in small pockets, are rapidly gaining momentum nationwide, especially in states such as Madhya Pradesh, Maharashtra and Tamil Nadu. Rajasthan and Gujarat in the western region and Kerala and Andhra Pradesh in the south are also slowly witnessing a movement.

Madhya Pradesh
Indore became a hotbed of activity against the Act in the central state a few weeks ago, when a group of traders' associations based in the city decided to stage an indefinite dharna. It was spearheaded by the Madhya Pradesh Food Products and Producers' Association.

Such groups as the MP Dal Mill Association (Indore); the Association of Pulses Industries; the Mithai Association; the Namkeen Association; the MP Spice Manufacturers and Traders' Association and the Wholesale Retail Traders' Association participated in the dharna.

The traders opposed the Act on the following grounds: the need to obtain a fitness certificate from a doctor before carrying on their businesses, and the clause that a science graduate had to be appointed as technical advisor to monitor the quality of food being manufactured.

Babulal Rathi, president, Ratlam Vyapari Mahasangh, said, “We spoke to Shivraj Singh Chouhan, chief minister, Madhya Pradesh, who said we have to wait for the Centre to revert. We are not totally satisified, because a large number of livelihoods are at stake.”

Tejkulpal Singh Pali, partner, Hotel Ranjeet, Bhopal, and the president of the Hotel and Restaurant Association in the Madhya Pradesh capital, said they also had a dialogue with the state government on the drafting of the Act.

“They admitted that inadequate infrastructure is a major hindrance and assured us that they will look into the matter,” he said, adding, “We (hoteliers across the state) have called off the bandh.”

Maharashtra
Tejinder Singh Renu, honorary secretary, Vidarbha Taxpayers' Association (VTA) and Nagpur Residential Hotels Association (NRHA), has filed a public interest litigation (PIL) before the Nagpur bench of the Bombay High Court. The ministry of health and family welfare; the Food Safety and Standards Authority of India (FSSAI); the ministry of law and justice, and the Food and Drug Administration, Maharashtra, have been named respondents.

The PIL “seeks to challenge the legality of food safety and standards (licensing and registration of food businesses) regulations, 2011, and challenge the constitutional validity of the Food Safety and Standards Act (FSSA), 2006.” It is a public interest litigation under Rule 3(e) of the Bombay High Court Public Interest Rules, 2010, and a writ petition under Article 226 of the Constitution of India.

Although the Nagpur Bench of the Bombay High Court had urged VTA and NRHA to withdraw its PIL against the country's apex food regulator, Renu planned to go ahead with it. “Of course, we want our case to become stronger, and for that, I am gathering more data and trying to bring more traders' groups on board, so that we can have solid grounds to prove our allegations,” he said.

Tamil Nadu
N Jegatheesan, president, Tamil Nadu Chamber of Commerce and Industry, was not in the country, but the Chennai-based organisation sent its objections to the Act via e-mail. Attempts to contact S Rethinavelu, its senior president, also proved futile.

The Food Safety and Standards Rules, 2011, has stipulated that all those engaged in food-related trade and industry with annual turnover of above Rs 12 lakh (including grocery dealers and hotels and restaurants) should obtain state or Central government licences.

“Those who don't comply with this requirement are liable to be sentenced to a prison term of upto six months and a fine upto Rs 5 lakh. We are as shocked by this harsh punishment as is every food business operator across the country,” they wrote.

The e-mail did raise another pertinent question: “In which other Act in this country are such ridiculous punishments meted out if one is found carrying out business without obtaining the requisite license?”

A delegation from the Chamber recently visited New Delhi and met the health minister. They spoke about the need to nip the Licence Raj in the bud at the earliest; but as far as the existing registration procedure is concerned, they advocate its continuance.

Many complaints against food safety officers have been brought to the Chamber's notice, and taking cognisance of the same, the Chamber appealed to the Centre and the FSSAI to take appropriate remedial action.

“During the post-Budget discussions, the finance minister assured the delegation that no food safety officer would harass any food business operator on the pretext of 'doing their duty',” read a statement in the e-mail.

Errant food safety officers have been warned to refrain from such “high-handed practices.” Designated food safety officers have been appointed at the district level to inculcate the purpose of the Act among their subordinates.

The FSSAI has declared August 4, 2012, as the last date for obtaining licences for the year 2012-2013, and the Chamber hopes their demand will be considered by then and that the outcome will be positive.

“We would appreciate if the ministers and the FSSAI chairman defer the initiation of actions against trade and industry under the new Act for three years, which is sufficient time to create complete awareness among FBO and food safety officers,” the e-mail said.

S V S S Velshankar, honorary secretary, Tamil Nadu Food Grains Merchants' Association, said they have been unable to get an audience with the chief minister of the state, but once they do, they will put forth the reasons for their opposition to the Act.

“Different trade associations across Tamil Nadu have joined forces, and this united body will take up the case of those who don't have a voice with the government. We have spoken to the FSSAI authorities, but aren't convinced with their response,” he said.

“The problem is not as simple as 'register/get a licence or don't continue running your business'; but we do not have enough time in hand to train the small FBO,” Velshankar said, adding that they were confident the state government would be fair.

R Kaleeswaran, honorary secretary, Karaikudi Bakery Owners' Association (KBOA), sent a set of suggested modifications to the Act, and hoped the FSSAI would revert. He also expressed his desire to apprise the chief minister of the situation.

The FSSAI, on its part, had only this to say, “The new Act, which replaced the Prevention of Food Adulteration Act, 1954, becomes effective from the first stage of processing. Its intention, therefore, is to improve the hygiene of food materials.”