Food Safety and Standards Act: Hoteliers object to five conditions

Hoteliers in the state have taken a strong exception to the five conditions of the Food Safety and Standards Act, including the restriction on the chefs from wearing ornaments, as they are “not practical and feasible to the functioning of low and medium level hotels”.
The State Food Safety Commissioner had issued a circular the other day with 30 guidelines in the Act after the tragic incident of a youth’s death on  July 10 after having ‘shawarma’ from Salwa Cafe in Thiruvananthapuram.
“It’s improper to ask the women not to wear ornaments including their wedding chain. These kind of restrictions are applicable only in case of big food industries,” said Jose Mohan, president of the Kerala Hotels and Restaurants Association(KHRA).
The association is also against the two guidelines on the use of water.
“We are using drinking water provided either by the Corporation or  the Water Authority and it’s the duty of the government to ensure the quality of water.
“We are using bore-well water for washing as the availability and cost of drinking water is so dear. Hence, it is not practical to use drinking water for this purpose,” he said.
The guidelines make it mandatory to keep the details of the medical examination that all persons in the hotel who deal with food are free from any contagious diseases and need certificates from a government doctor not less than a medical surgeon to all the employees by October 31. However, the hoteliers argue that  it would not be practical to get the certificate from government surgeons and instead suggest the certificate from any qualified doctor.
The KHRA president pointed out that there is no clarity about the distance between the kitchen and the toilets though they are not against keeping it clean and tidy by sanitising it four times a day.
“We  would be raising our objections to the commissioner after a discussion. We would also be meeting the Chief Minister and Health Minister next week,” said Jose.

Do cooks wash hands? Hotel owners unaware

A room packed with local restaurateurs listened with rapt attention as lessons were given on how to keep their kitchens clean and hygienic at DNA’s Hygiene For Kitchens workshop.
The New Food Safety and Standards Act (FSSA), 2006, which came into effect in 2011, requires every food business operator to stick to food safety norms.
The workshop, which was organised in association with the Indian Hotel and Restaurant Association and Equinox Labs on July 26, focused on helping restaurateurs follow the norms prescribed by the state Food and Drug Administration under the FSSA.
More than 150 restaurateurs were unaware whether their cooks or waiters washed hands after visiting theloo. “Washing hands is one of the basic requirements to ensure food safety. Many a times, adequate soap is not available for the food handlers,” said Ashwin Bhadri, head, business relations at Equinox Labs.
He also stressed on the need for regular medical check-up for the staff. “It is mandatory for a hotel owner employer to verify with the doctor that his employees do not suffer from any infectious skin disease or contagious ailment, but is rarely done. At times the doctor doesn’t even examine the employee and issues a medical certificate. This, under the new Act, will work against a restaurant owner, if a customer falls ill due to unhygienic standards in the kitchen.”
According to the rulebook, penalties ranging from Rs1 lakh up to Rs10 lakh with a maximum of six years’ jail could be imposed on the restaurateur if proven guilty for maintaining unsanitary conditions leading to illness or death of a person after consuming the unhygienic food.
The workshop also focused on the need for restaurateurs to document the steps taken to maintain hygiene under the 14-point agenda of food safety management system. “Every owner should jot down the description of the surroundings around the eatery. Also, he should ensure the water is clean, utensils and containers washed properly and the place is well ventilated. Self-inspection and audits will led to better standards of hygiene,” said Bala Shetty, who owns a restaurant in Wadala.

File Reply on Pleas Challenging Gutka Sale: Bombay HC

The Bombay High Court today asked Maharashtra government to file reply by August 7 on a clutch of petitions challenging the recent ban imposed on sale of gutka and paan masala in the state.

Government pleader Dhariyasheel Nalawade asked for time to file reply saying they had not received the petitions.

A division bench headed by Chief Justice Mohit Shah then allowed the state time to file reply within a week.

On behalf of the state government, Nalawade assured the court that the state would not destroy the gutka pouches.

The petitioners sought 'ad interim relief' urging stay on the notification banning sale of gutka. However, the court said it would first hear the state.

Gutka and paan masala manufacturers have urged the court to set aside the state government's July 19 notification and two regulations of the Food Safety and Standards Act (FSSA), 2006, under which the ban was brought into effect.

The petitions have been filed by Dhariwal Industries Pvt Ltd, Ghodavat Paan Masala Products, Rajnandini Foods Pvt Ltd, SDD Agencies Pvt Ltd and Hira Enterprises.

The petitioners contended that gutka, which consists six per cent tobacco, has no nutritional value and hence the product cannot be brought under the purview of the FSSA that deals with "food".

Terming the ban as "discriminatory", the petitioners submitted that their business had come to a standstill owing to the state government's decision to prohibit sale of gutka.

The monthly sale of gutka in Maharashtra is estimated to the tune of Rs 300 crore and the state earns Rs 100 crore as taxes on the product.

The petitioners argued that the ban on sale of gutka was contrary to a Supreme Court ruling of 2004.

The state Cabinet had decided on July 12 to invoke the ban on the sale of gutka across the state. The state had earlier attempted to ban gutka in 2002 and then in 2008, but had faced legal hurdles. The new FSSA has enabled the ban again this time.

The gutka manufacturers have challenged the ban saying that gutka contains tobacco and its sale would be governed by Tobacco Act, 2003, a Central Government legislation. Mere oral consumption would not bring gutka under FSSA as it is not consumed for taste or nutrition but for pleasure, they argued.

The petitioners have also questioned the state's decision to spare the makers of raw tobacco from the ban.

The petitioners said the government's decision was discriminatory as magnesium carbonate, an ingredient in gutka, is permitted in various foods.

It was argued that the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, do not permit the use of carbonates of calcium and magnesium in foods except in those specifically allowed like table salt, onion powder, garlic powder, fruit powder, soup powder and chewing gum, but not exceeding two per cent.

High Court to hear petitions challenging gutkha ban today

The Bombay High Court is on Monday likely to hear five petitions challenging the state government’s ban on the sale of gutkha.
Gutkha and paan masala manufacturers have urged the court to set aside the government’s July 19 notification and two regulations under the Food Safety and Standards Act (FSSA), 2006, under which the ban was brought into effect.
Dhariwal Industries Private Limited, Ghodavat Paan Masala Products, Rajnandini Foods Private Limited, SDD Agencies Private Limited and Hira Enterprises have petitioned the court. They have contended that gutkha, which consists six per cent tobacco, has no nutritional value and hence cannot be brought under the purview of the FSSA that deals with “food”. The petitioners have stated that their business has come to a standstill owing to the “discriminatory” ban that is contrary to a Supreme Court ruling of 2004.
The state Cabinet had, on July 12, taken a decision to invoke the ban on the sale of gutkha across the state. The state had earlier attempted to ban gutkha in 2002 and then in 2008, but had encountered several legal hurdles. The new FSSA has enabled the ban this time.
The manufacturers, however, contested the ban stating that gutkha contains tobacco and its sale would be governed by the Tobacco Act, 2003, a Central government legislation. Mere oral consumption would not bring gutkha under the FSSA as it is not consumed for taste or nutrition but for pleasure, the petitioners stated.
Also alleging discrimination, the manufacturers said magnesium carbonate, an ingredient in gutkha, is permitted in various foods. Also, the makers of raw tobacco have been spared the ban, they alleged.
The Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, do not permit the use of carbonates of calcium and magnesium in foods except in those specifically allowed like table salt, onion powder, garlic powder, fruit powder, soup powder and chewing gum, but not exceeding two per cent.
The monthly sale of gutkha in Maharashtra is estimated to be around Rs 300 crore and the government annually earns more than Rs 100 crore in taxes on it.
A Division Bench of Chief Justice Mohit Shah and Justice N M Jamdar will hear the group of petitions on Monday.

Extension to licensing deadline: Equinox’ Bhadri for stricter adherence

Among the various reactions that have been pouring in with regard to the six-month extension given to compliance with certain provisions of the Food Safety and Standards (Licensing and Registration) Regulations, 2011, by food business operators, the one offered by Ashwin Bhadri, head, business relations, Equinox Labs, an NABL-accredited food testing facility in Mumbai, is interesting. For Bhadri has offered a different kind of perspective touching two aspects.

“Firstly, the advantage of the extension is that it will give FBOs and the industry some time to get themselves registered or licensed. The issues faced by the industry were that they did not have access to quality resources to upgrade themselves. For instance, many FBOs did not know how to make a Food Safety Management Systems (FSMS) Plan. In the beginning there was very little clarity in the mind of the FBOs on the requirements of the law and how to comply with them. Over the last one year, a lot of work has been done to ensure that all these doubts are cleared,” he said.

“Secondly, FBOs were already given a year's notice to comply with the same, but majority have not yet complied with them. The extension should be adhered to strictly, or else it will be pointless, and nobody in the country will take the law seriously,” said Bhadri.

About the testing capability available in the country, Bhadri said, “There are plenty of private labs that have NABL accreditation. They ensure that the total testing load can be handled. It will take the government a long time to be able to cater to the growing requirement for testing throughout the country.”

New Food Safety and Standards Act to favour FDI: Vidarbha Taxpayers' Association

NAGPUR: Even though the central government has extended the deadline of implementing the Food Bill Act by six months, the Vidarbha Taxpayers' Association said that they would continue their fight against the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.

In a memorandum to Prime Minister Manmohan Singh, agriculture and food processing industries minister Sharad Pawar, health minister Ghulam Nabi Azad and chairman of Food Safety and Standards Authority of India K Chandramouli and Commissioner ( Food and Drug Administration) Mahesh Zagade for extension of the one-year deadline expiring on August 4 as stipulated under Regulation 2.1.2 of Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.

"This is just a temporary relief and the horror of unpractical & harsh provisions shall be back to haunt everyone from February 5, 2013," pointed out the VTA's memorandum.

The VTA had highlighted that the provisions in the FSS Act & Regulations are literally meant to shut down small & medium Food Business Operators (FBOs) in the country and it only supports Foreign Direct Investments and Multi National Companies.

VTA also alleged that Food Safety and Standards Authority of India (FSSAI) has squarely failed in making a balance between existing procedure followed and preparing unkind provisions from farm to fork, which means a petty dhaba and Seven Star Hotel should be following the same norms as no parameters or gradation is described the new Food Safety and Standards Act, 2006 (FSSA).

The memorandum also highlighted that although FSSAI was incorporated to lay down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for human consumption, the Act has been enforced without studying the Indian market, agriculture procedure and other parameters.

"Fight for appropriate amendment in Food Safety and Standards Act, 2006 would continue; else small and medium Food Business Operators will have to down their shutters permanently after 6 months. They can only survive by compelling themselves with the help of corruption," stated the memorandum.

Food safety regulations to be enforced in city

After a year delay, the Delhi Government has decided to implement the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011 from the first week of August. This means food safety licence would be mandatory for tea stalls, dhabas, fruit and vegetable sellers, grocery shops, milk vendors, canteens, caterers, restaurants, hotels, food processors in the national Capital. Even trucks and other vehicles engaged in transporting food will have to obtain licences to this effect.
On the delay in the implementation of the Regulation, Health Minister Ashok Kumar Walia told The Pioneer that the implementation had been extended six month by the Central Government. “As far as Delhi is concerned, a Hyderabad-based company will open six counters in the Capital so that hawkers and vendors could be registered,” Walia said, adding the Food Safety and Standards Act would ensure improved quality of food for the consumers and censure misleading claims and advertisement by those in food business.
The implementation of Food Safety and Standards Act will ensure improved quality of food for the consumers and censure misleading claims and advertisement by those in food business.
The new Act will have more stringent provisions, including penalty clauses like life imprisonment and a fine of up to Rs 10 lakh. Though the Act was passed by Parliament in 2006, the Centre notified the rules for enforcement of the legislation only a few months back. The Delhi Government is preparing to issue a notification to enforce the law. According to the Act, for getting these licences, the stall owner needs to apply to the registration authority that will carry out an inspection and then issue a licence that needs to be renewed every year. Identity cards will be issued with the new licences.
According to Government officials entrusted with the task to enforce of the new Act, food adulteration will become almost impossible as it will attract heavy fine and punishment. Under the new Act, all food business operators with a turnover specified under the Act will have to acquire a licence and get themselves registered. Small-time shopkeepers will have to apply for registration while big business establishments will have to acquire licences.
In case of substandard, misbranded food or misleading advertisements about food products that are not injurious to health will invite a fine of up to Rs 10 lakh. In case of injurious food, the punishment will be imprisonment up to seven years, with a fine of up to Rs 10 lakh. In case of death caused due to adulterated food items, the punishment will range from seven years’ imprisonment to life, besides a fine of up to Rs 10 lakh.
The officials of health department of Delhi Government say the new regulations will benefit small businesses for they can attract more customers by displaying identity cards. “The customers would be assured of hygienic products, even if the stall is small,” the officials added.

Compulsory registration rule for all street vendors

Thousands of traders selling food items across the city will now have to register their businesses.

Delhi health minister Ashok Kumar Walia said the government would start registering vendors and issue food licenses very soon. He said the government had roped in a Government of
India's undertaking organisation to carry out the exercise. "We have decided to outsource the job of registering of the vendors to the National Institute of Smart Governance. The institute will start with six centres in the Capital and each centre will have 10 counters where vendors can register. Later, more centres will be opened," Walia said.
He said the government's website would also have a link where vendors will be able to upload their documents for registration.
Under the Food Safety and Standards Act 2006, which was implemented across the country in 2011, any person engaged in food business will have to register and obtain a licence to run his business. The vendors will have to fulfil safety and hygiene conditions to obtain a licence.
Under this, all sorts of food businesses, including fruits and vegetables sellers, roadside tea stalls, grocery and milk shops, restaurants, hotels, canteens and caterers will have to obtain a licence. The food licence will be in addition to other licences that the business establishments take from the local civic agencies, excise, tax and police.
Though the government had earlier fixed August 4, 2012, as the deadline for all states to complete the process, Delhi government officials said the deadline had been extended by six months.
Officials said the vendor would be liable for sale of any sub-standard food material and liable for action. Failure to get themselves registered will also attract heavy penalty.

Food safety regulations to be enforced in city

After a year delay, the Delhi Government has decided to implement the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011 from the first week of August. This means food safety licence would be mandatory for tea stalls, dhabas, fruit and vegetable sellers, grocery shops, milk vendors, canteens, caterers, restaurants, hotels, food processors in the national Capital. Even trucks and other vehicles engaged in transporting food will have to obtain licences to this effect.
On the delay in the implementation of the Regulation, Health Minister Ashok Kumar Walia told The Pioneer that the implementation had been extended six month by the Central Government. “As far as Delhi is concerned, a Hyderabad-based company will open six counters in the Capital so that hawkers and vendors could be registered,” Walia said, adding the Food Safety and Standards Act would ensure improved quality of food for the consumers and censure misleading claims and advertisement by those in food business.
The implementation of Food Safety and Standards Act will ensure improved quality of food for the consumers and censure misleading claims and advertisement by those in food business.
The new Act will have more stringent provisions, including penalty clauses like life imprisonment and a fine of up to Rs 10 lakh. Though the Act was passed by Parliament in 2006, the Centre notified the rules for enforcement of the legislation only a few months back. The Delhi Government is preparing to issue a notification to enforce the law. According to the Act, for getting these licences, the stall owner needs to apply to the registration authority that will carry out an inspection and then issue a licence that needs to be renewed every year. Identity cards will be issued with the new licences.
According to Government officials entrusted with the task to enforce of the new Act, food adulteration will become almost impossible as it will attract heavy fine and punishment. Under the new Act, all food business operators with a turnover specified under the Act will have to acquire a licence and get themselves registered. Small-time shopkeepers will have to apply for registration while big business establishments will have to acquire licences.
In case of substandard, misbranded food or misleading advertisements about food products that are not injurious to health will invite a fine of up to Rs 10 lakh. In case of injurious food, the punishment will be imprisonment up to seven years, with a fine of up to Rs 10 lakh. In case of death caused due to adulterated food items, the punishment will range from seven years’ imprisonment to life, besides a fine of up to Rs 10 lakh.
The officials of health department of Delhi Government say the new regulations will benefit small businesses for they can attract more customers by displaying identity cards. “The customers would be assured of hygienic products, even if the stall is small,” the officials added.

Registration of food industries extended by six months

NAGPUR: The food security and standards department (FSSD) has extended the deadline for food industries and establishments for registered by another six months. As per the earlier order these industries and establishments had to get registered by August 4.

The national small shopkeepers' federation (NSSF) had appealed to central government to give an extension. This demand was supported by several other organizations.

Last year the central government had amended the Food Safety and Standards Act, 2006 and made the standards more stringent. It had become mandatory for the food sector to comply with the new standards. The industries and establishments had to complete the required formalities and then seek a fresh registration. A years' time had been given for this.

NSSF pointed out that it had faced a lot of difficulties in complying with the new standards. In the initial stages there was complete confusion among the members.

NSSF had claimed that there were several grey areas in the Act and some of the standards were difficult to comply with. The federation has demanded that until the act was changed government should not compel its members to get registered.

The federation had pointed out the food testing laboratories did not have proper equipments for testing. Hence, they should be upgraded first. It also claimed that FSSD had not create awareness among the businessmen and industries regarding the new standards.