Energy drinks will be renamed to caffeinated beverages

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Your favourite "energy" drink is about to lose its very name.
The food regulator has decided to respond to health concerns over the high caffeine content of non-alcoholic beverages being marketed as energy drinks, stripping them of the "energy" tag.

Energy drinks will soon be renamed

All such drinks will now be called "caffeinated beverages" and will come with a statutory safety warning. After deliberating on the issue for two years, the Food Safety and Standards Authority of India (FSSAI) is now close to notifying regulations for caffeinated drinks.
The matter was discussed at the ninth meeting of the authority on June 6.
The draft regulation — yet to be published — puts the upper limit of caffeine in a caffeinated beverage at 320 mg per litre or parts per million (ppm). The currently prescribed limit for caffeine in soft drinks or aerated sugar waters is 145 ppm.
All caffeinated drinks will come with a mandatory safety warning specifying "not recommended for children, pregnant or lactating women, persons sensitive to caffeine and sportspersons". Most energy drinks are targeted at young adults and "manufacturers compare the effects of their drinks to the use of drugs like cocaine", a note prepared by the authority pointed out.
Such drinks are heavily promoted in bars or for use in combination with alcohol, which could further increase health risks.
There are a number of scientific reports on the adverse consequences of excessive consumption of caffeine.
The industry, however, is upset over the inclusion of sportspersons in the warning.
Mona Malhotra Chopra, a representative of All India Food Processors Association, opposed including sportspersons in the same category as children and lactating mothers in the safety warning.
Earlier too, the industry has opposed warnings on caffeinated drinks.
In addition to the safety warnings, all such drinks will have to print the tag "high caffeine content" and will not be allowed to make any energy- boosting or nutritive claims. Malhotra Chopra also opposed the clause relating to nutritive claims.
There would be another warning saying "not to be consumed more than two cans a day". The labelling will have to be printed prominently on every can. The font size, percentage of space it should occupy and language will all be defined, just like pictorial health warnings on tobacco packs.
The new regulation is based on the recommendations of an expert committee which went into all available scientific evidence, regulations in other countries and data about caffeine consumption in India.
It concluded that "caffeine is not addictive but is a chemical with addictive properties".
While a risk assessment done by the National Institute of Nutrition came to the conclusion that caffeine consumption in India — mainly from tea and coffee — is low at present, the FSSAI felt that regulating caffeinated drinks is necessary in view of the " potential impact of their consumption on young people and adverse effects on health". Moreover, the authority feels that the name " energy drinks" is misleading because it gives the impression that " taking an energy drink is required to boost energy".
Such drinks will now be called caffeinated beverages and will come with a statutory warning.

Faced with sudden spurt in court cases, FSSAI on a hiring spree of advocats

Faced with growing number of litigations and proceedings related to the haphazard implementation of the FSS Act, 2006, across the country, the FSSAI (Food Safety and Standards Authority of India) is hiring advocates or law firms to defend itself. In this regard, the Authority has called for Expression of Interest (EoI) for selection of advocates.

An FSSAI official explained in a chat over telephone, “There were different cases relating to various issues of foods and also with regard to implementation of the new law, which had created a lot of confusion.”

He said that it was mandatory to clear all the cases pertaining to different issues on food in various courts across the country for the new law to be implemented successfully.

“We would select able advocates and the numbers would differ depending upon the number of cases to be fought in the court,” he said.

And this number is substantial especially in the south. For instance, V S S Velshankar, honorary secretary, Tamil Nadu Foodgrains Merchants ' Association, said, “There are already seven injunctions pending in the Chennai court.”

Velshankar said that the issue regarding the implementation of the new Act has already created a lot of uproar in the state. He then highlighted some of the issues which were already in the limelight such as water and chillies.

He explained that water, which was to be used for different purposes and consumed was considered to be “potable water” under the earlier Act, while the current one stated that the one consumed or drinking had to be potable and not for other purposes.

Another significant issue was the specifications laid down for chillies and turmeric powder. He said that these specifications were based on the 1954 Act, which had roots in British rules, which needed to be reframed.

He stressed that chillies which were grown in different parts of the country had different odour, colour and taste and that each had its own requirement to grow.

Meanwhile, B C Bhartia, president, Confederation of All India Traders (CAIT) said that the apex regulatory body was aware of the fact the new Act would definitely give rise to multiple complications and litigations.

“Therefore the law must be simplified, which is one of the opinions of the industry where the FSSAI should focus to make it consumer-friendly,” Bhartia said.

He mentioned that there were issues with regard to implementation of the law, the registration and licensing, procedure for registration and also the method of collecting samples. All these are among many such cases wherein the Authority needs to defend itself.

Meanwhile, the EoI stated that FSSAI being a statutory body possessed the power to select and elect party respondents to defend their stand before the Supreme Court, various High Courts and Central Administrative Tribunals or any other court of law.

The advocates may also be required to submit their legal opinion on the issue and such other miscellaneous work related to court matters, therefore, FSSAI invites proposals from experienced advocates or law firms to submit their bid for each of their work to be carried out like defending matters on behalf of the apex regulatory body before various courts.

Further, the agency would be required to carry out activities like preparation of drafts, replies, para-wise comments, affidavits to the writ petitions or similar legal or quasi legal petitions filed before courts of law.

The agency would be advised to take up preparation of draft appeal as well as legal vetting to be filed before the court of law against any order or judgement, injunctions of lower court or tribunal or high court and after finalising, file the same before the appropriate court(s).

Also, the agency should pose legal opinion on specific legal matters referred to by FSSAI and its officials on matter involving a point of law including any subordinate legislation.

Lastly, it should also defend FSSAI as when required before various courts of law and that the selected advocates should pose as a prosecutor before an arbitrator as well as draft arbitration proceedings in which FSSAI is a party.

The advocates are needed to handle related matter in the labour courts, industrial tribunals and other similar tribunals and examine legal viewpoint in consultation with scientific experts, labs, and research.

“Registration essential for effective implementation of Food Safety Act”

The Hindu Collector Anshul Mishra speaking at a workshop on Food Safety Standards Act 2006, in Madurai on Saturday. 

The Right to safe food is like right to life and liberty and the right of the consumer to get the required food on exchange of money should be guaranteed and implementation of the Act should be done fully in ‘letter and spirit’ said Collector Anshul Mishra.

Delivering the valedictory address at the workshop on the Food and Safety Standards Act, 2006, Rules and Regulations 2011, held by Tamil Nadu Chamber of Commerce and Industry, Madurai and Southern India Chamber of Commerce and Industry, Chennai, he said that the whole idea of the Act is to ensure that safe and hygienic food is available for the people at the prescribed rates.

Coverage of registration is essential for effective implementation of the Food Safety and Standards Act.

All hotels, eateries and roadside food vendors should register their particulars with food safety officials at the office of the Deputy Director of Health Services, he said.

Earlier in the day, technical sessions were held on the subject where experts from the various fields made presentations. Lalitha Gowda, Central Food Technological Research Institute (CFTRI) Mysore, gave a presentation on regulations of the Food Safety and Standards Act and explained how referral laboratories would analyse a sample of contaminated food. She said that the technical staff members involved in testing the samples are well equipped and sophisticated.

A. Sakthivel, former chairman, Marine Products Export Development Authority, spoke about the sea food industry and the intricacies involved in maintaining safety and standards.

A. Savitri, manager, corporate, scientific and regulatory affairs, Britannia Industries Limited, Bangalore, gave a presentation highlighting issues of labelling, packaging, registration and penal provisions.

R. Srinivasan, secretary, Tamil Nadu Hotel Owners Association, spoke on safety and standards in hotel industry.

Somi Hazari, executive committee member, SICCI presided over the valediction.

N. Jegatheesan, president, Tamil Nadu Chamber of Commerce and Industry delivered the welcome address and J. Rajamohan, secretary, Tamil Nadu Chamber of Commerce and Industry proposed a vote of thanks.

DINAMALAR NEWS

Beverages, milk adulteration high in TN

High levels of adulteration are found in beverages, milk and milk products in Tamil Nadu, Karnataka, Andhra Pradesh, Maharashtra and West Bengal, even as the overall percentage of adulteration in food articles is on the decline across most parts of India.
This was stated in a note circulated during the workshop on ‘The Food Safety and Standards Act (FSSA), 2006, and rules & regulations, 2011’, organised by the Tamil Nadu Chamber of Commerce & Industry (TNCCI) and Southern India Chamber of Commerce & Industry here on Saturday.
Dr Lalitha R. Gowda, chief scientist and head, food safety and analytical quality control laboratory, Central Food Technological Research Institute, Mysore, referred to instances of adulteration detected by authorities in India and abroad, to drive home the case for FSSA.
“In India, a biscuit manufacturer’s claim that his product contained substances that enhanced the cognitive abilities of children was found to be misleading as there was no scientific evidence to back it. The manufacturer was forced to withdraw his product,” she elaborated. Pesticides in imported fruits were found to be within limits, she said

Mittal apprehends return of 'inspector raj' due to Food Safety Act

Punjab health minister Madan Mohan Mittal lighting a lamp to inaugurate a seminar on food safety standard Act in Ludhiana on Saturday. 

The Food Safety and Standards Act has not only raised apprehensions among those in the food business, but also the Punjab government which too seems concerned about more powers that would be vested in the implementing authorities. Punjab health minister Madan Mohan Mittal on Saturday

said though the Act would benefit the masses by ensuring the safety of food, he said it might give rise to a system of 'Inspector Raj'. However, he assured that the government would take the necessary steps to avoid such a problem.

The health minister was in Ludhiana to attend a seminar on the Food Safety and Standards Act. The seminar was aimed at spreading awareness about the Act among the masses.
Under the Act, all food-serving units will be required to get permission from the health department. Units with sales above Rs. 12 lakh per year will need to get licences, while others will only have to get registration.
"The Food Safety and Standards Act will be very helpful in maintaining a system that will ensure safety of food. For that, the people involved in the food industry will have to get registered or acquire a license, according to the provisions of the Act."
However, he added, "Since there are lot of people involved in the industry, including those with tiny businesses, we feel there is scope of 'Inspector Raj'. But we will design a proper system to keep a regular check on all the officials, to eliminate that possibility."
The Act has already created trepidation among the people associated with the food industry. Harjit Singh, president, Bakery Association Ludhiana, said, "This law is suitable for big business units. Small units like ours can never fulfil the norms of the Act. The Act does not even allow us to use water that is not passed as hygienic. Now, if the municipal corporation's water also does not pass the hygiene test, how will we use this water? The Act will only give more powers to inspectors and will certainly create 'Inspector Raj'."
In fact, worried about the provisions of the Act, the sweet makers have submitted a memorandum to the health minister.
Narinder Pal Singh, president, Punjab Halwai Association, said, "We have submitted a long list of demands regarding the Food Safety and Standards Act. There are provisions in the Act, which need to be revised. For instance, the Act directs us to get a water-testing certificate. Now, a certificate for both bacterial and chemical testing from private labs cost us around Rs. 4,500 with six months' validity. Therefore, we should be exempted from the mandatory water analysis."
Department does not have manpower to give licences
According to the Food Safety and Standards Act, all food-serving units from a top hotel to a small tea stall will have to get registration or licence from the heath department. However, at present the health department does not even have the infrastructure to get the registration and licensing done.
Speaking on condition of anonymity, an official from the health department said, "In Ludhiana district alone, there will be more than 5,000 licences and around 1 lakh registrations required. But the health department is short of staff and people are coming to get licences are already getting harassed."
When Punjab health minister Madan Mohan Mittal was asked on Saturday about the workforce required to get the licensing and registration done, he said, "It will take time. We will have a separate wing for those purposes and we will solve the problem of staff shortage."
Till now, the health department has issued 834 licences and completed 1,375 registrations under the Food Safety and Standards Act across the state.

JK sans trained officers to check adulterations

Srinagar, June 23: The credible reports about high percentage of adulterants in the milk may have alarmed the common consumer, but it has not moved the State Food Safety Authority!
 According to sources the Authority has yet to train its manpower to check the food adulteration and regulate quality of edibles, as is required under the provisions of Food Safety Act, 2006.
 Sources said: “The Food Safety Officers of the Authority were not trained at all as was required under the provisions of the new Act that was implemented from 2011.”
 “Even as prior to coming of the new Act, the officers were given a statutory training of three months, but they don’t know anything about the provisions of the Act 2006,” sources said, questioning how could the officers do their duties without any training?
 “Some of the safety officers have conveyed to me about their helplessness in dealing with the violators of the Food and Safety Standards Act 2006,” said a designated officer of the Authority on condition of anonymity.
 Pertinently, last month, a 3-day programme “training of trainers” was organized by Food and Safety Authority of India to equip and enrich the Designated Officers and Additional Deputy Commissioners with the new changes brought in the Act 2006.
 As per the Act the Designated Officers are required to train the Food Safety Officers.
 According to the section 43 of the Act, the food safety personnel across India need to equip and enrich themselves about the shift (changes in new act) in the shortest possible time, failing which the food safety works would suffer serious setbacks and would nullify the positive changes that are purported to be brought in by the new Act (FSSA).
 Furthermore, the Act states that the existing food regulatory staff is focused on sampling and prosecution and may not be equipped to carry out the much wider range of responsibilities envisaged under the Act.
 The Food Safety regulators including State Food Safety Commissioners, Designated Officers, Adjudicating Officers and Food Safety Officers have to acquire requisite dedicated national level Capacity building program for various categories of Prevention of Food Adulteration (PFA) Act, 1954 and are to be involved in granting licenses to various categories of Food Business Operators.
 In this backdrop, FSSAI has devised interim induction programs modules to be taken up as an initial exercise to make existing food safety regulators well acquainted with wide spectrum of regulatory provisions and new concepts developed in various regulatory mechanisms under the FSS Act, 2006.
 Apart from training them, the Act calls for training those officers who have also aptitude for training others, “This will enable the concerned States to cope with the changed mandate of the FSS Act, 2006 and would make the migration smother for various stakeholders in the concerned States.”
 Official in the department wishing anonymity said that despite a huge talent pool of students from Food Technology, Dairy Technology, Biotechnology or Oil Technology, Agricultural Science, Veterinary Sciences, Bio-Chemistry, etc, the department has “failed” to hire them as Food Safety Officers through concerned agencies.
 When contacted Commissioner Food Safety J&K, Satish Gupta, said, “We have already trained the officers last year.”