Apr 28, 2012
Food Safety Act is unrealistic, says traders’ association
The Food Safety and Standard Act, 2006, has been introduced to replace the Prevention of Adulteration Act, 1954. “Ironically, the major challenge of the menace of adulteration has not been dealt with in the new Act but rather more emphasis has been laid down on ‘mis-branded’ food,” the Confederation of All India Traders said
A traders association has urged the union health ministry to constitute an expert committee to look in to the provisions of the Food Safety and Standards Act, 2006, and has also announced nationwide protest against it. Calling the provisions as draconian, unrealistic and impracticable, the association feels that it will impact the businesses of small and medium traders. The Act proposes separate licences for each enterprise and separate audit reports for various products.
BC Bhartia, secretary general, Confederation of All India Traders (CAIT) said, “The Act in question prescribes the traders to prepare an audit report, obtain clearance from state pollution control board, get a no-objection certificate from the municipal corporation, medical certificates of workers, graduate technologist and a separate audit report for products made from milk, which is not possible under the Indian food conditions. The Act is framed is in utter disregard of the ground realties and will promote big corporate houses to enter into food business.”
It further added that, “This would trigger further corruption and would allow government machinery to harass the traders-said CAIT,” he added.
The traders association has called upon union health minister Ghulam Nabi Azad to constitute an expert committee of food policy analysts, government officials and representative of trade to review the provisions of the Act.
The Food Safety and Standard Act, 2006, has been introduced to replace the Prevention of Adulteration Act 1954. “Ironically, the major challenge of the menace of adulteration has not been dealt with in the new Act but rather more emphasis has been laid down on ‘mis-branded’ food, which does not fall under the ambit of ‘adulteration’. Adulteration is a heinous crime which cannot be misbranded because of distinction in implications of classification. Such a provision will encroach upon the rights of the consumers in the country. The Act will promote adulteration or demote it, is a question?” CAIT said in a release.
CAIT is conducting a national conference of trade leaders on 10th and 11th May at New Delhi to discuss a national agitation. Earlier, traders from Rajasthan and Madhya Pradesh had already held a trade bandh for four and three days, respectively. On 25th April, Madhya Pradesh-based MP Sumitra Mahajan has also raised the issue in the Lok Sabha.
'Stop milking consumers or face action'
State govt apprises cooperative milk federations and agencies about the stringent measures of centre's new food safety Act; warns them against adulteration
It’s an aspect, which has been raised on umpteen occasions by cognisant citizens that as fundamental an issue as food safety has not received the kind of observance it deserves from the government. Many hope that with the regime of the centre’s Food Safety and Standards Act 2006 about to take full effect, their meals will be more palatable in the days to come.
The government has made it clear to milk procurement agencies, which sell the product under a brand name, that they will have a lot to answer for supply of adulterated milk rather than shifting responsibility to suppliers, officers of Food & Drug Administration (FDA) and police. Addressing representatives of cooperative milk federations and private agencies engaged in the dairy business, minister of state for FDA Satej alias Bunty D Patil apprised them of the consequences in a meeting at YB Chavan Centre on Thursday. Provisions from the new Act are stringent and punishment for adulterated milk supply is from six months to a life term, warned the MoS to the gathering. Also present were his seniors Manohar Naik and dairy development minister Madhukar Chavan.
In black and white
As an effective measure to control the supply of adulterated milk, a suggestion was made to destroy tankers carrying the spurious product at entry points of Mumbai. The idea was accepted by the ministers present. Patil directed FDA commissioner Mahesh Zagde to devise a workable plan for this. The meeting was organised as part of a sensitisation drive for the new Act. A meeting of milk suppliers and agents from Mumbai will soon be called to create awareness, along with the plan to observe June as the ‘awareness month’. The dairy development minister announced a census of the milch and non-milch cows and buffaloes to discern the exact statistics pertaining to milk collection and the extent of adulteration in the state.
Exclude primary foods from Act, validity & renewal licenses to be clarified
With the FSS Act, 2006, and its tardy implementation across the country coming under fire from various sections of the industry, Nagendra Bhargava, chairman, The Midland Fruit & Vegetable Products (I) Pvt Ltd, and former chairman, the Processed Food Export Promotion Council [replaced by the Agricultural and Processed Food Products Export Development Authority (APEDA)], has come out with some suggestions to make the enforcement better.
For example, The Act defines food as any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food (an article of food, being a produce of agriculture or horticulture or aquaculture in its natural form, resulting from the growing, raising, cultivation, picking, harvesting, collection in the hands of a person other than a farmer) including water used into the food during its manufacture, preparation or treatment.
According to Bhargava, the FSSAI should exclude primary foods from this bracket.
This is because all primary foods are sold in the mandis and the sales are made on cash basis and are unrecorded and unbilled.
Is it practical for any commission agent; wholesaler or sub-wholesaler to ensure that the retailer; hawker or rediwala who is buying from him has a valid licence or registration number?
Water, another important clause in the definition, would need an in-depth analysis. Probably a separate standard would be needed for water alone given the complex water supply structure the country currently has.
Bhargava explains: Take the example of Delhi Jal Board under the Delhi Government which sells water to all those engaged in food business operations. An advisory to the Delhi Jal Board would be needed to obtain a licence needed for supplying water for food businesses. The same holds true for all metropolitan towns, cities and union territories where municipal corporations supply water.
Time limit for conversion of existing licence
There is no time limit for conversion of existing licence after submission of application for conversion. A time frame for issuance of converted licences needs to be specified.
Though the Act says that a licence shall, subject to the provisions of these Regulations, be issued by the concerned licensing authority within a period of 60 days from the date of issue of an application ID number, but whether it is applicable for conversion of licences also and whether the deadline is being adhered to by the Authority?
Validity and renewal of Licence/Registration (Reg 2.1.7)
It stipulates that “Registration or Licence granted under this regulation can be valid for a period of 1 to 5 years as chosen by the FBO, from the date of issue of licence.”
Bhargava suggests: Validity of licence or registration should be from FY April 1 to March 31 or calendar year January 1 to December 31.
The FSSR mentions, “No license fee will have to be paid for the remaining period of the validity of the earlier licence or registration granted under any of the said Acts or Orders.”
An erstwhile FPO licence which is valid up to 31.12.2012 when applied for conversion together with 1 year licence fee on 13.03.2012 has been issued valid till 13.03.2013. Whereas, it should have been valid till 31.12.2013 as no licence fee was payable till 31.12.2012 (Regulation 2.1.2(1).
Reg 2.1.2(1) of Chapter-2 of Licensing and Registration of Food Business
This rule says that no person shall commence any food business unless he possesses a valid licence.
It stipulates, “Non-compliance with this provision by a FBO will attract penalty under Sec-55 of the Act.”
Bhargava points out a probable technical error in this clause and has asked the FSSAI to re-examine this clause. According to him, it should be Section-63 and not Section-55. Section 55 talks about “Penalty for failure to comply with the directions of Food Safety Officer” while Section 63 talks about “Punishment for carrying out a business without licence.”
Condition of Licence (Annex 3 of Reg)
It stipulates, “All FBOs shall ensure that all 14 stipulated conditions are complied with at all times during the course of food business.”
Bhargava suggests: Conditions No 4 to 12 of this Annexure cannot be complied with by re-labellers, importers, storage/warehouse/cold storage, retail trade, wholesale trade, distributors/suppliers and transporters.
Hence, they should be exempted.
Condition of Licence (Condition – 14 of Annex 3 of Reg)
Every Food Business Operator is to take either a licence (Central or state) or registration from the local Authority as the case may be, depending on the type of business and turnover.
The manufacturer; importer or distributor shall buy and sell food products only from OR to licensed/ registered vendors and maintain record thereof.
Bhargava says: There are more than five crore Food Business Operators in the country. Issuance of licence to them by the Central Licensing Authority or State Licensing Authority may not be completed by August 5, 2012.
He cites the example of Delhi’s licensing authority. On being contacted, it informed that it was yet to develop infrastructure, only then licence / registration applications would be entertained.
“It is, therefore, essential that to comply with the Condition No 14 for licence the date be deferred by at least another one year,” says Bhargava.
Transfer of registration certificate or licence in case of death (Reg 2.1.11)
There is no clear procedure defined for transfer of licences. For example, in the event of the holder of Registration Certificate or licence not having any legal representative or any family member and if he wants to retire by selling of the business to some other entity, what is the procedure to be adopted for transfer?
Display of Licence on the Label [Packaging & Labeling Reg 2.2.1.(7)]
As per Draft Notification dated December 29, 2011, mentioning of licence number on the label is mandatory. Final notification is yet to come.
Bhargava has asked the authority to advise whether display of registration number on the label is mandatory?
For example, The Act defines food as any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes primary food (an article of food, being a produce of agriculture or horticulture or aquaculture in its natural form, resulting from the growing, raising, cultivation, picking, harvesting, collection in the hands of a person other than a farmer) including water used into the food during its manufacture, preparation or treatment.
According to Bhargava, the FSSAI should exclude primary foods from this bracket.
This is because all primary foods are sold in the mandis and the sales are made on cash basis and are unrecorded and unbilled.
Is it practical for any commission agent; wholesaler or sub-wholesaler to ensure that the retailer; hawker or rediwala who is buying from him has a valid licence or registration number?
Water, another important clause in the definition, would need an in-depth analysis. Probably a separate standard would be needed for water alone given the complex water supply structure the country currently has.
Bhargava explains: Take the example of Delhi Jal Board under the Delhi Government which sells water to all those engaged in food business operations. An advisory to the Delhi Jal Board would be needed to obtain a licence needed for supplying water for food businesses. The same holds true for all metropolitan towns, cities and union territories where municipal corporations supply water.
Time limit for conversion of existing licence
There is no time limit for conversion of existing licence after submission of application for conversion. A time frame for issuance of converted licences needs to be specified.
Though the Act says that a licence shall, subject to the provisions of these Regulations, be issued by the concerned licensing authority within a period of 60 days from the date of issue of an application ID number, but whether it is applicable for conversion of licences also and whether the deadline is being adhered to by the Authority?
Validity and renewal of Licence/Registration (Reg 2.1.7)
It stipulates that “Registration or Licence granted under this regulation can be valid for a period of 1 to 5 years as chosen by the FBO, from the date of issue of licence.”
Bhargava suggests: Validity of licence or registration should be from FY April 1 to March 31 or calendar year January 1 to December 31.
The FSSR mentions, “No license fee will have to be paid for the remaining period of the validity of the earlier licence or registration granted under any of the said Acts or Orders.”
An erstwhile FPO licence which is valid up to 31.12.2012 when applied for conversion together with 1 year licence fee on 13.03.2012 has been issued valid till 13.03.2013. Whereas, it should have been valid till 31.12.2013 as no licence fee was payable till 31.12.2012 (Regulation 2.1.2(1).
Reg 2.1.2(1) of Chapter-2 of Licensing and Registration of Food Business
This rule says that no person shall commence any food business unless he possesses a valid licence.
It stipulates, “Non-compliance with this provision by a FBO will attract penalty under Sec-55 of the Act.”
Bhargava points out a probable technical error in this clause and has asked the FSSAI to re-examine this clause. According to him, it should be Section-63 and not Section-55. Section 55 talks about “Penalty for failure to comply with the directions of Food Safety Officer” while Section 63 talks about “Punishment for carrying out a business without licence.”
Condition of Licence (Annex 3 of Reg)
It stipulates, “All FBOs shall ensure that all 14 stipulated conditions are complied with at all times during the course of food business.”
Bhargava suggests: Conditions No 4 to 12 of this Annexure cannot be complied with by re-labellers, importers, storage/warehouse/cold storage, retail trade, wholesale trade, distributors/suppliers and transporters.
Hence, they should be exempted.
Condition of Licence (Condition – 14 of Annex 3 of Reg)
Every Food Business Operator is to take either a licence (Central or state) or registration from the local Authority as the case may be, depending on the type of business and turnover.
The manufacturer; importer or distributor shall buy and sell food products only from OR to licensed/ registered vendors and maintain record thereof.
Bhargava says: There are more than five crore Food Business Operators in the country. Issuance of licence to them by the Central Licensing Authority or State Licensing Authority may not be completed by August 5, 2012.
He cites the example of Delhi’s licensing authority. On being contacted, it informed that it was yet to develop infrastructure, only then licence / registration applications would be entertained.
“It is, therefore, essential that to comply with the Condition No 14 for licence the date be deferred by at least another one year,” says Bhargava.
Transfer of registration certificate or licence in case of death (Reg 2.1.11)
There is no clear procedure defined for transfer of licences. For example, in the event of the holder of Registration Certificate or licence not having any legal representative or any family member and if he wants to retire by selling of the business to some other entity, what is the procedure to be adopted for transfer?
Display of Licence on the Label [Packaging & Labeling Reg 2.2.1.(7)]
As per Draft Notification dated December 29, 2011, mentioning of licence number on the label is mandatory. Final notification is yet to come.
Bhargava has asked the authority to advise whether display of registration number on the label is mandatory?
Traders call for expert committee on Food Act
The Confederation of All India Traders (CAIT) has urged health minister Ghulam Nabi Azad to constitute an expert committee to look in to the provisions of the Food Safety & Standards Act, 2006. The committee should comprise of food policy analysts, experts, senior government officials and representatives of trade, it said.
It has also termed the Act as “draconian, unrealistic, impracticable” and said that it will ensure that street hawkers, small and medium traders are not able to perform business. It said, the Act will kill the existing business structure. The Confederation has demanded the government to keep the Act in abeyance till the report of the proposed expert committee is received.
CAIT is holding a national conference of trade leaders on May 10 and 11 in New Delhi to draw a programme for national agitation.
BC Bhartia, national president, CAIT, said that the Act prescribes the traders to prepare an audit report, obtain clearance from state pollution control board, get no-objection certificate from municipal corporation, medical certificates of workers, graduate technologist and a separate audit report made from milk, which is not possible under the Indian food conditions. The Act is framed in utter disregard of the ground realities and will promote big corporate houses as well to enter into food business, he added.
The traders are opposing the Act as they believe it will empower authorities to impose penalties at their discretion. “This would trigger further corruption,” CII said in a statement.
CAIT is holding a national conference of trade leaders on May 10 and 11 in New Delhi to draw a programme for national agitation.
BC Bhartia, national president, CAIT, said that the Act prescribes the traders to prepare an audit report, obtain clearance from state pollution control board, get no-objection certificate from municipal corporation, medical certificates of workers, graduate technologist and a separate audit report made from milk, which is not possible under the Indian food conditions. The Act is framed in utter disregard of the ground realities and will promote big corporate houses as well to enter into food business, he added.
The traders are opposing the Act as they believe it will empower authorities to impose penalties at their discretion. “This would trigger further corruption,” CII said in a statement.
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