Awareness forum for food trade fraternity

Traders dealing in food items have to acquire licences to conduct business according to provisions of the Food Safety and Standard Act.

Bihar Chamber of Commerce (BCC) on Wednesday had organised a workshop to make people engaged in the food business aware of various rules and provisions of the act.

State health secretary-cum-food safety commissioner Sanjay Kumar appealed to the people engaged in the food industry not to operate or carry out business without getting or acquiring registration/licence as violation of the act would attract imprisonment besides a hefty fine.

According to mandatory provisions of the act, all food business operators or any person dealing in food item have to acquire licence or get registered with the designated authority/officer of the central and state governments before August 4," Kumar said.

He added: "A person would be imposed a Rs 2 lakh fine if he is found selling sub-standard food. In case of misbranding, the quantum of fine would increase to Rs 3 lakh. The person would be charged with a fine of up to Rs 10 lakh if it is found that the person was selling adulterated food, which is dangerous to life. If the adulterated food causes death, the punishment could be seven years imprisonment and Rs 10 lakh fine."

The act, which came into force on August 5, 2011, was brought in to ensure quality and hygienic food at every stage that is from the production to the consumption level.

Kumar said all those dealing in food business with an annual turnover of Rs 12 lakh would have to get registered by the food safety officer whereas those having a yearly turnover above Rs 12 lakh would have to get a licence as well.

He said various central laws/orders such as Prevention of Food Adulteration Act, 1954, Fruit Products Order, 1955, Meat Food Products Order, 1973, Vegetable Oil Products (Control) Order, 1947, Edible Oils Packaging (Regulation) Order 1988, Solvent Extracted Oil, De-oiled Meal and Edible Flour (Control) Order 1967, and Milk and Milk Products Order 1992, were repealed to bring the new legislation into force. The multiplicity of laws and orders had posed difficulties for agencies to enforce those properly but it would be easier to implement a single law.

However, there is only one laboratory in the state to check adulterated food, the food safety commissioner said, adding it was insufficient to deal with the huge number adulterated food cases in the event of implementation of the act.

"The state government has decided to set up a laboratory in Patna to deal with such a situation," he added.
"The act has a provision of fine if a person dealing in food business is found selling adulterated and sub-standard food", Kumar said.

BCC president .P. Sah urged the government to create awareness about the various provisions of the act among businessmen in order to make them aware about how to get registered or acquire a licence, conditions for getting licence, consequences of violations and others.

"At present, people don't have much information about the act. There is an urgent need to popularise the act among traders and businessmen. Till then, the implementation of the act should be soft-pedalled," Sah said.

Liquor makers put up spirited opposition to central oversight

New Delhi: At a time of widening Centre-state strifes over turf — from the power to levy taxes to the design and implementation of welfare programmes — the liquor industry has joined the issue out of compulsion. Facing the prospect of having to apply for licences afresh from the Centre under a new food safety and standards law and be regulated by the central foods regulator, the industry that counts among its members top companies like United Spirits, Radico Khaitan and Diageo India has dragged the central government and the regulator to court. While the liquor industry argues that alcoholic beverages form part of the state list under the Constitution and are regulated for purposes of taxation and standards by state excise laws, the central government has submitted to the court that it derives its power to regulate alcohol from the concurrent list which allows it to legislate on matters related to ‘adulteration of food stuff’.
In a petition filed before the Bombay High Court, the alcohol industry claimed that the central government has committed a fundamental error in defining liquor as food under the new Food Safety and Standards Act (FSSA). This, the industry pleads, was the very reason the now-repealed Prevention of Food Adulteration Act (PFA) never applied to liquor industry.
PFA was overridden by FSSA in 2011, which regulates the country’s food sector.
The industry’s claim is being vehemently opposed by the central foods regulator, the Food Safety and Standards Authority of India, which argues that the liquor industry all along fully fell under the scope of PFA. The Centre also has strongly protested against any definition of food that excludes alcohol. “Barring drugs and water, our stand is that all that is consumed is food,” an official said.
The only exemption in the category of liquor can be made for alcohol which is being produced for use in medicine and toiletries, he added. If the court rules that liquor is indeed food, alcohol companies would have to apply for fresh licences from the Centre.
Liquor companies say regulation of alcoholic beverages – its production, possession, transport, sale and purchase – is strictly and exclusively the domain of state governments, a task they are already implementing effectively. By making an attempt to regulate alcoholic beverages, the Centre is encroaching on states’ jurisdiction, the liquor industry claims in its plea to courts, calling the move ‘illegal, arbitrary and unconstitutional’.
Alcohol companies feel multiple regulations will stifle the industry. “Even the quality of alcoholic beverages, which the food regulator is trying to now regulate is currently being governed under State Excise Act and Rules framed by different states. It is almost impossible for the industry to conform to multiple overlapping laws being implemented by multiple authorities. We are juggling between at least three different sets of legislation –State Excise Act and Rules, Food Safety and Standards Act and Legal Metrology (Packaged Commodities) Rules now which is creating a lot of confusion in the industry,” said Lalit Khaitan, chairman and managing director, Radico Khitan.
This issue of whether or not alcohol should be excluded from the definition of food was deliberated before the legislation (FSSA) was enforced and the central government took a studied decision to include it in the definition of food to ensure that quality and safety of alcoholic beverages can be maintained, a health ministry official said.

Is liquor also a food: legal poser stumps SC

An interesting question of law as to whether liquor is a food, requiring regulation under the Food Safety Act, cropped up today before the Supreme Court.
A bench of justices Deepak Verma and Ibrahim Kalifulla issued notices to the Confederation of Indian Alcoholic Beverage Association and others, seeking their stands on the legal poser and their responses to a plea by the Food Safety and Standards Authority of India (FSSA) for transferring a batch of petitions from the Bombay and the Madhya Pradesh high courts to the apex court.
Appearing for the statutory authority, counsel Sandeep Prabhakar submitted that since the issue involved substantial questions of law and constitutional validity of Section 3(1) (j) of the Food Safety and Standards Act, 2006, it needs to be adjudicated by the apex court.
"So liquor is also a food!," remarked an amused apex court bench, while issuing notices on FSSA's plea.
The FSSA counsel said that in petitions before the two high courts, the alcoholic manufacturers and the organisations representing them have questioned constitutional validity of the section 3(1)(j) of the Act which defines "food" and "alcoholic drink" has been included in its definition.
The manufacturers and dealers have contended that the Act cannot be invoked in the case of alcoholic drinks as they are not food.
"Our aim is to invoke the Act so as to standardise the content as they relate to maintenance of public health and safety," Prabhakar submitted to the bench.
The main contention of the manufacturers is that Parliament does not have legislative competence to enact a law pertaining to "alcoholic drink."
It was contended that inclusion of the subject of "alcoholic drink" in a Parliamentary enactment is violative of the Constitutional prohibition contained in Article 246 (3)
The authorities in their petition before the apex court said, "It is submitted that the definition of "food" under Section 3 (1) (j) is an extremely important and comprehensive provision under the FSSA and is intended to safeguard public health and safety.
The Confederation of Indian Alcoholic Beverage Association, the Distillers Association of Maharashtra and some individuals have challenged the provisions of the Act in the two high courts.

Liquor makers put up spirited opposition to central oversight

At a time of widening Centre-state strifes over turf — from the power to levy taxes to the design and implementation of welfare programmes — the liquor industry has joined the issue out of compulsion. Facing the prospect of having to apply for licences afresh from the Centre under a new food safety and standards law and be regulated by the central foods regulator, the industry that counts among its members top companies like United Spirits, Radico Khaitan and Diageo India has dragged the central government and the regulator to court.
While the liquor industry argues that alcoholic beverages form part of the state list under the Constitution and are regulated for purposes of taxation and standards by state excise laws, the central government has submitted to the court that it derives its power to regulate alcohol from the concurrent list which allows it to legislate on matters related to 'adulteration of food stuff'.
In a petition filed before the Bombay High Court, the alcohol industry claimed that the central government has committed a fundamental error in defining liquor as food under the new Food Safety and Standards Act (FSSA). This, the industry pleads, was the very reason the now-repealed Prevention of Food Adulteration Act (PFA) never applied to liquor industry.
PFA was overridden by FSSA in 2011, which regulates the country's food sector.
The industry's claim is being vehemently opposed by the central foods regulator, the Food Safety and Standards Authority of India, which argues that the liquor industry all along fully fell under the scope of PFA. The Centre also has strongly protested against any definition of food that excludes alcohol. "Barring drugs and water, our stand is that all that is consumed is food," an official said.
The only exemption in the category of liquor can be made for alcohol which is being produced for use in medicine and toiletries, he added. If the court rules that liquor is indeed food, alcohol companies would have to apply for fresh licences from the Centre.
Liquor companies say regulation of alcoholic beverages - its production, possession, transport, sale and purchase - is strictly and exclusively the domain of state governments, a task they are already implementing effectively. By making an attempt to regulate alcoholic beverages, the Centre is encroaching on states' jurisdiction, the liquor industry claims in its plea to courts, calling the move 'illegal, arbitrary and unconstitutional'.
Alcohol companies feel multiple regulations will stifle the industry. "Even the quality of alcoholic beverages, which the food regulator is trying to now regulate is currently being governed under State Excise Act and Rules framed by different states. It is almost impossible for the industry to conform to multiple overlapping laws being implemented by multiple authorities. We are juggling between at least three different sets of legislation -State Excise Act and Rules, Food Safety and Standards Act and Legal Metrology (Packaged Commodities) Rules now which is creating a lot of confusion in the industry," said Lalit Khaitan, chairman and managing director, Radico Khitan.
This issue of whether or not alcohol should be excluded from the definition of food was deliberated before the legislation (FSSA) was enforced and the central government took a studied decision to include it in the definition of food to ensure that quality and safety of alcoholic beverages can be maintained, a health ministry official said.

1K litres of adulterated milk seized in Malad

14 Arrested, Accused Operated From Slum

 Look closely at your milk packet seal the next time it's delivered at your doorstep, chances are it has been tampered with. The police, along with the Food & Drugs Administration (FDA), arrested 14 people from Malad (W) early on Wednesday, with more than 1,000 litres of adulterated milk. 

    The kingpin, Raju (35), is on the run. He had earlier been arrested in February 2011 in another milk adulteration case. 
    The accused, which included a few women, were arrested in a joint operation by the FDA and the crime branch control around 
4.30am. Around 70 cops were involved in the operation. 
    "Male members of the gang would buy branded milk packets from company outlets and take them to a slum at Bangur Nagar. There, women would slit open a side of the packet and remove up to one third of the milk, replacing it with water. The adulterated milk would then be distributed by male members in housing societies and restaurants in the area adjacent to Inorbit Mall and Evershine Nagar in Malad," said senior inspector Rakesh Sharma of the crime branch control. Empty milk packets of various leading brands have been recovered. According to the police, the accused are from Andhra Pradesh but have been staying at Bangur Nagar for four to five months. Six motorbikes have been recovered from the gang, including one used by Raju. 
    The other accused are Banja Konda (25), Malaiya Bolam (35), Yadamma Bolam (30), Kolamma Konda (32), Venkatesh Gundagoni (36), Renuka Babu (40), Yadava Babu (48), Malaiya Kolam (28), Renu Mupida (26), Bharat Patel (44), Venkatesh Gundagoni (36), Ashok Konda (26), Menaka Konda (24) and Machhendra Suryavanshi (45). All have been handed over to the Bangur Nagar police and will be produced before a metropolitan court on Thursday. 
    "Residents had been complaining about adulterated milk. We have been planning the raid for sometime and conducted it after receiving specific information," said an official. 
    "Buyers must closely observe if the horizontal and vertical sealing of milk packets have been tampered with," said K V Sankhe, joint commissioner, Food & Drugs Administration. 
    Ashwin Bhadri of Equinox Labs added, "Buyers can come to know if their milk has been adulterated if it clots during boiling or if there's a drastic change in the milk's colour while making curds or other products." 
RAID IN BANGUR NAGAR 
WHERE | Police raid slum at Bangur Nagar, Malad (W) ACTION TAKEN |13, including 5 women, arrested SEIZED | 1,063 litres of adulterated milk, empty branded milk packets, six motorcycles CHARGES | Accused booked under Indian Penal Code for "adulteration of food or drink intended for sale", "cheating" and "using a false property mark". Also booked under Food Safety and Standards Act 2006 
WHAT TO LOOK OUT FOR See if the horizontal or vertical sealing of your milk packets are tampered with In most cases, tampering is done at the corner of the packet Adulterators make a tiny slit from where they remove milk They seal the packet with the help of a candle, after adding some water to it Portion where the sealing has been burned with candle is smooth, compared to other portions of the sealing which are rough and irregular IS MY MILK ADULTERATED? 
Adulterated milk clots during boiling There's a drastic change in colour of milk while making curds or other products ADULTERANTS | Urea, bicarbonate, starch, salt, detergents, water, formalin, caustic soda, sodium chloride, skimmed milk powder, sugar

Malad residents have been complaining about adulterated milk being supplied to them

The accused operate from a slum behind a shoe showroom in Bangur Nagar, Malad (W)

Male members of the gang buy branded milk packets from company outlets

At the slum, women will slit open a packet, remove some milk and replace it with water

The men then distribute adulterated milk in housing societies and restaurants

FDA to man toll plazas on state border to check entry of gutka

To ensure the ban on gutka and paan masala is strictly enforced throughout the state, the Food and Drug Administration (FDA) plans to deploy officials at all toll nakas so that no illegal transportation of these products takes place from neighbouring states.

To ensure the ban on gutka and paan masala is strictly enforced throughout the state, the Food and Drug Administration (FDA) plans to deploy officials at all toll nakas so that no illegal transportation of these products takes place from neighbouring states.
The ban came into force on July 19 and the Pune division received the official communication on July 20. The notification bans the manufacturing, storage, distribution and sale of gutka and paan masala.
In the days following the ban, gutka and paan masala products worth Rs 9.70 lakh were confiscated and samples sent for inspection. “As of now, small stalls might have stock that will last for 10-12 days, and it’s after that that the real problem of black marketing and illegal transportation from neighbouring states like Goa, Karnataka and Gujarat will start,” Joint Commissioner (Food), FDA Pune, Shashikant Kekare said. “Therefore, we plan to keep a check at all toll nakas on the state boundary and have also asked the octroi officials to be vigilant and inspect vehicles.”
Police assistance
Kekare said police assistance would be sought as and when required. “We are a team of 13 food safety officials (FSOs) of the FDA, 13 FSOs of the Pune Municipal Corporation and six FSOs from Pimpri-Chinchwad Municipal Corporation, two assistant commissioners and a joint commissioner, but assistance from the police will be sought whenever required,” he said. “We are also planning to conduct meetings of wholesalers across the city and the secretary of the paan stall owner’s association on Thursday to warn them and also seek their cooperation.”
Assistant Commissioner (Food) Dilip Sangat said only a countrywide ban would be the real solution. “It is not sufficient to ban gutka and similar products containing tobacco, nicotine and magnesium carbonate in a few states,” Sangat said. “The Centre should ban the production of such stuff throughout the country to bring about an effective change. Otherwise, there will be inter-state trafficking.”
In case of violations, the government has decided to press for long prison terms and fines up to Rs 10 lakh by invoking the stringent provisions of the Food and Security Standards Act, 2006. Even small paan shops, hawkers, petty sellers found selling gutka or paan masala can be fined up to Rs 25,000. If the seller fails to comply with the directions of the FSO, then a fine of up to Rs 2 lakh can be imposed.

Food safety awareness programme held at Katra

Katra, July 25
With a view to ensuring proper implementation of the Food Safety and Standard Act - 2006, the Department of Food Safety, Reasi, organised a one-day awareness programme at the DC office today.
The aim of the awareness programme was to enhance the skills of all functionaries responsible for the proper implementation of the Food Safety and Standards Act.
Speaking on the occasion, Lotika Khajuria, Deputy Commissioner, Food Safety and Standards, Jammu, said: “A massive awareness programme has been launched to educate the general masses at different levels about the food safety and preventive measures”.
She emphasised on the need for coordinated efforts with the active involvement of various associations of the area to change the mindset of people and to generate awareness about the safe food habits.
Khajuria appealed to all the food business operators to get their business registered and licenced before August 4, 2012.
An interactive session was also held during the programme, which was chaired by the Deputy Commissioner Food Safety and Standards, Assistant Controller Food Safety (HQ), Designated Officer of Food Safety, Reasi.
The designated officer of the Food Safety, Reasi, Madan Lal Mangotra, food safety officers of the area and other functionaries associated with food safety in the district were present on the occasion.