Food Safety officers face water merchants’ ire

Designated officers of the Food Safety and Standards (FSS) are being threatened while conducting raids at illegal units supplying packaged drinking water. Many such units run businesses in the city without obtaining the requisite certificate from the Bureau of Indian Standard (BIS).The raids followed a high court direction to close all units which have not procured BIS certificate. Owners of these units are putting up so much resistance that the raiding team members are now seeking police protection, and also carrying cameras to capture such acts as evidence.
One officer described the humiliation the team faced during a recent raid on an illegal unit in Yelahanka. “When we visited the place, the owner and employees verbally abused us. When we tried to take photos, the owner unzipped his pants and shouted at us to take his snap with pants down. We took the snap, showed them to the department, and later seized the unit. The water samples were sent to a laboratory for testing”, said Ravi Prakash, who works for FSS Bangalore Urban district.
A few days back, the officers decided to inspect some more illegal units. When they visited the places, they were shocked to find that all the units had downed their shutters.
“Somebody probably gave a tip off to the unit owners about the impending raids,” Prakash said. “Since information on raids is leaking out, we have stopped the daily raids. Instead, we will be conducting raids after a few days’ gap so that we can catch the owners when the units are open,” he said. Some of the units function only at night, he added.
Bangalore Urban district has 88 packaged drinking water units of which 43 have a BIS certificate. The remaining ones are running illegally. Two months back, these units were served with a notice. But their owners neither replied to the notices nor closed the units. Raids on illegal units can be conducted only in three of BBMP’s zones, east, west and south. Dr Shivamurthy is the lone designated officer for these zones.
According to BBMP chief health officer KE Manjula, there were five units in these zones which do not have BIS certificate. Of this, two units have been seized and the remaining ones have been served with notices.
“Most of the units which do not have BIS certificate are voluntarily closing their units. If they don’t, we will seize the units,” she said. The public can also chip in by giving information about illegal units to BBMP’s control room, she said.

When it comes to conducting raids, BBMP faces shortage of officers. It has only one designated officer for three zones, she said. Four officers have been suspended and the BBMP is taking the help of Bangalore Metropolitan Task Force (BMTF) police during raids. From Monday, the BBMP will launch a massive drive to find and close illegal units, she said.

Pan masala ban: more States follow Kerala - THE HINDU

Patna High Court rejects petition challenging the ban

Though the Kerala High Court is yet to consider the cases filed by manufacturers of gutka and pan masala products challenging the ban imposed by the government on the sale, manufacture, storage and distribution of pan masala and related products in the State, the State of Bihar has fully endorsed the ban, with the Patna High Court throwing out a writ petition filed by the pan masala manufacturers, seeking a stay on the ban.

Third State

Bihar is the third State, after Madhya Pradesh and Kerala, to impose a ban on the manufacture, sale, distribution of gutka, pan masala and its variants, utilising the provisions in the Food Safety and Standards (Prohibition and Restriction on Sale) Regulation 2011.

The petition filed by the gutka manufacturers had claimed that manufacture and sale of tobacco and nicotine-containing products such as pan masala and gutka were permitted but regulated by the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

However, the Patna High Court pointed out that the ban order on pan masala was in interest of public health and that it was legal as it conformed to the provisions of the Food Safety Act.

In Kerala, the ban on pan masala products was issued on May 22, utilising the provisions in the Food Safety and Standards (Prohibition and Restriction on Sale) Regulation 2011. Regulation 2.3.4 says that ‘tobacco and nicotine shall not be used as ingredients in any food products’. Section 30 of the Food Safety Standards Act 2006 says that the Commissioner of Food Safety shall “prohibit in the interest of public health, the manufacture, storage, distribution or sale of any article of food, either in the whole of the State or any area or part thereof for such period, not exceeding one year…”.

The ban on pan masala products in Kerala was effected by combining both these provisions under the law.

Six cases

At least six cases have since then been filed by the gutka and pan masala manufacturers in the Kerala High Court, demanding that the ban be stayed.

The High Court had declined to stay the ban order but the Division Bench referred back to a single judge, all writ petitions filed by the All Kerala Tobacco Dealers Association and other tobacco dealers challenging the ban order on pan masala, so that ‘the petitions may be

disposed of on merit’.

The government had submitted that many products containing tobacco were being sold without mentioning the ingredients on the label, passing these off as ‘mouth freshners’. Children were the biggest consumers of these smokeless or chewing tobacco products, it had been submitted.

Following Kerala’s example, States such as Maharashtra and Himachal Pradesh too have now banned pan masala under the Food Safety Act and wherever the ban was imposed, the pan masala manufacturers have been quick to challenge it in court.

Eateries under scanner

The food safety commissioner has shut down Salwa Café, a restaurant in Vazhuthacaud, following complaints that people who consumed food from the outlet had been taken ill.
Five persons were hospitalised after consuming food from the hotel. Shobi Tilakan, dubbing artiste and son of actor Tilakan and his family members were admitted to a local hospital on Thursday with complaints of vomiting, gastrointestinal problems and nausea. Recollecting his ordeal, Tilakan said, “On Tuesday I bought four shawarmas from this shop.
My wife Sreelekha, daughter Devayani S. Tilakan, 10 and Devanandan S. Tilakan, 3 had food around 7.30 pm. But early on Wednesday morning, my daughter and wife complained of a stomach ache and loose motions.”
Tilakan said that he too had developed stomach pains but had to rush for a shoot with his father. “I finished the shoot around 10 pm and by then my condition became worse.
However, on returning home, I got the shock of my life. My wife and children were lying on the bed, totally exhausted and unable to even get up. It was late at night when I called up their paediatrician and he gave them medicine,’’ Tilakan said.
However, since the family’s condition did not improve they went to the hospital on Thursday. “In the hospital I found that there was another child who had partaken of food from the same restaurant. He was a class IX student and was admitted to the ICU,” said Tilakan.
Tilakan called up the food safety commissioner and complained against the hotel following which the outlet was closed down.
Corporation health officer, D. Sreekumar said, “We have directed the ow-ner not to open the shop without our permission. We are slapping at least 10 notices on hotels every week.”

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