Impact of FSSA on corporate groups: How to manage a canteen in a better way

By Ashwin Bhadri, Food Safety Expert, Equinox Labs

The year 2011 would be marked in gold in the history of India, as the government finally decides to give due importance to the cause of general health and hygiene by way of ensuring food safety. The Food Safety & Standards Act (FSSA), 2006 will be implemented as a law with effect from August 5, 2011. A one-year compliance period was given, which ends on August 4, 2012.

COMPANIES' WORRY

What does a BPO (business process outsourcing) in Malad West and a corporate business park in Andheri East have in common? A cafeteria for its employees. This facility provided to the employees can become a business risk pretty soon.

In most of the cases, the food served at these places are catered by private companies or food business operators (FBO). Ensuring food safety and hygiene becomes all the more difficult under this outsourced business model. Because of the highly discounted pricing structure of the caterers, they have to operate on very thin profit margins. Thus, they try to cut corners and costs to increase their profitability. It is often noticed that under the great urge of cutting costs, the catering business owners cut down activities that are extremely essential for food safety, viz. regular pest control, regular health check of the food handlers, regular hand washing and hand sanitising mechanism, etc. Though these are simple and inexpensive measures of hygiene, they are often ignored and neglected by FBOs.

Though it is not understood by many, the costs of such wrong practices are actually borne by the employees eating in the canteens and also their employers. As a result of negligence by FBOs, food poisoning still remains a common phenomenon in the canteens/cafeterias. The customers of these canteens, often the employees of the companies, fall ill because of the contaminated food being served by all the food vendors.

So where is the risk? FSSA allows the consumer to take the responsible party to the court. Not the normal courts, but appellate tribunals and special courts, which would ensure that the case comes to trial in less than 30 days. Any company found to have contracted a food vendor, without the FSSAI licence / registration would be prosecuted by FSSAI / FDA ( Food and Drug Administration). The responsible managers handling F&B / catering /canteen / cafeteria will also be held responsible. In the case of any unfortunate incident like food poisoning, outbreak of foodborne diseases, if proper documentation is not maintained, the authorities have the right to prosecute the person responsible with monetary penalties ranging between Rs 1,00,000 up to Rs 10,00,000 and/or imprisonment from six months up to lifetime, depending upon the severity of the case and the documentation maintained as safeguard.

Companies can safeguard themselves by doing the following: First, ensure registration/licensing of the food vendor's central kitchen: All the food vendors that have been contracted by a corporate house needs to be registered/licensed with the FSSAI / FDA. The corporate company needs to keep a copy of its vendor's central kitchen license.

Second, registration/licensing of the corporate canteen/cafeteria: If any food items is being cooked / stored / served in the corporate canteen, the vendor needs to take a registration / license for that location. The corporate company needs to keep a copy of this license with it.

Third, adoption of a Food Safety Management System Plan by the vendor: Under the new law it is mandatory for every FBO to prepare a food safety management system plan. This plan ensures quality monitoring of the food produced across the entire food manufacturing process. The corporate company should review this plan, and audit it regularly.

Fourth, potable water being used for cooking: All the food manufacturing bodies and food serving canteens need to get the water from a source which is tested for "potability." This would ensure that the water being used for cooking is drinkable and is safe for human consumption.

Steps to enforce Food Safety Act

 

The Health Department is preparing to embark on a major exercise to prepare a databank or the statistics regarding hotels and other food businesses in the State, as part of implementing the Food Safety and Standards Act, 2006 effectively.

Not only would the statistics on hotels and food establishments collected, each of the establishments would be graded into various categories. The Food Safety wing and the Health Department will also come out with detailed and separate guidelines on maintaining food safety and standards for food establishments in rural and urban areas.

This was decided at a high-level meeting of food safety and health officials called by Health Minister V.S. Sivakumar here on Tuesday.

Ensuring the safety of ethnic food products and maintaining fool-proof standards for food products in rural markets, enhancing the production of safe and pesticide-free food items through scientific farming methods and ensuring the safety of drinking water sources would be given priority when formulating the guidelines for food safety in the rural context.

Corporation determined to continue hotel raids

Even as confusion prevails on who could be termed the sole authority responsible to conduct raids on hotels, the Corporation will re-start raids on all hotels and other food stalls in and around the city on Wednesday. According to Corporation health standing chairman T K Ashraf, they will continue to raid hotels despite stiff opposition from the latter.

In an open forum on ‘Safety is Every Citizen’s Right’ conducted by the Corporation on Monday, the Hotel Association members locked horns with the Corporation. They stated that the authority to execute powers over the hotels and other food stalls were with the Food Safety officers. They also expressed their strong protest against the Corporation stating that the powers of the local bodies to conduct raids on hotels were long repealed once the Food Safety and Standards Act came into being since 2006.
The hotel owners also alleged that most of the hotels were being closed without prior notice.
However, speaking for the Corporation, Health Inspector Sasikumar pointed out that the local bodies have the rights to raid hotels as per the Kerala Municipality Act. “We are not shutting down any hotel on account of stale food. Only those that were found to be in the most pathetic of conditions were asked to be shut,” he said.
Food Craft Institute, Kalamassery Principle Sam Thomas viewed that lack of Malayalis taking up work at hotels was giving  opportunities to migrants from other states, and this has been impacting the hygiene standards. “The cleanliness level among them is lower and this is a serious factor that should be considered,” he said..Food Safety Officer Abdul Jaleel, Vegetable and Food Promotion Council member Joji K Mathew, Advocate Jayashankar, EDRAACH president Ranagadasa Prabhu, Mayor Tony Chammany, Deputy Mayor B Bhadra and members of the Hotel Owners Association and the Bakery Owners Association were also present.

Gutka makers get no interim stay, HC to hear govt first

The Bombay high court on Monday refused to grant interim stay on the ban on the sale of gutka in the state and issued a notice to the government asking for its reply on the petitions filed by gutka manufacturers challenging the ban.
A division bench of chief justice Mohit Shah and justice Nitin Jamdar asked the government to file a reply by August 7, while hearing the petitions filed by gutka manufacturers – Dhariwal Industries Ltd, Ghodawat Pan Masala Product, Rajnandini Foods, SDD Agencies and Hira Enterprises.
The court refused to grant interim stay on the ban saying no order could be passed without hearing the government.
Anticipating such petitions, the government had filed a caveat in the HC to ensure that no interim stay can be imposed on the ban without their knowledge. Once a caveat is filed, no order can be passed without hearing the party which has filed it.
Government pleader DN Nalavade informed the court that the state had not been given copies of the petitions.Nalavade also assured the HC that the government would not destroy gutka pouches.
Gutka and paan masala manufacturers had sought the quashing of the stat’s notification, dated July 19, and two regulations under the Food Safety and Standards Act (FSSA) 2006, under which the ban was brought into effect.
The petitioners contended that gutka, which contains 6% tobacco, has no nutritional value and hence, it cannot be brought under the purview of the FSSA that deals with “food”. They added that as gutka contains tobacco, it would be governed under the Cigarettes and other Tobacco Products Act, 2003, a Central government legislation.

Breather for dhaba, restaurant owners Govt extends deadline for licence renewal by six months

Jammu, July 31
Following threats of protest by dhaba and restaurant owners, the government has extended the time limit for conversion and renewal of existing licences by six months. The food handlers had to complete the process by July 31 but now, they can get the work done by February 2013.
The eatery-owners, including those in the capital cities Jammu and Srinagar, have been urging for deadline extension to their respective municipal corporations, saying it would be difficult to complete the process by July 31.
As per the Food Safety Commissioner, all the food business operators were directed to renew their existing licenses, registrations granted under the repealed Food Act/Order under the Food Safety & Standards Act, 2006 and Food Safety & Standards (Licensing & Regulation of Food Business ) Regulations, 2011.
“By virtue of this act some science based standards for the article of food were laid down. This act has enabled the central government to take under its control the food industry of the country”, said an official.
Under this food safety act every food business retailer or manufacturer have to register with the licensing or registering authority. The food safety & standards act says that even petty manufacturer shall follow the basic hygiene and safety requirements provided by these regulations.
The petty food business operators include small retailer, roadside food vendors, hawkers, stall holders, cottage industries relating to food business, meat/mutton/poultry business operators with the slaughtering capacity of two larger animals or 10 small animals or 50 poultry birds per day.
As per the government order, the people associated with the food industry can complete the process in the next six months, so that they are able to run their business.
“We welcome the step as the six-month extension will allow the traders to complete the process in a hassle-free manner,” said YV Sharma, president of the Chamber of Commerce and Industry, Jammu.
The Food Safety & Standard Act states that the food business manufactures have to ensure that his premises are free from the growth of mould, fungi and infection. “The workers for preparation of various food articles shall put clean aprons, hand gloves, head wears and keep their nails trimmed, clean and wash their hands with soap and detergent before commencing their work,” states the new food act.
Municipal Commissioner KL Khajuria said the the people associated with food business should adhere to these new rules. “Action will be taken against those who violate the rules,” said Khajuria., adding
“After the expiry of the new deadline, closure notices would be issued to defaulters.”

Hotels lack freezers

File photo of a raid conducted in Kochi recently. —DC

The recent raids on hotels and eateries in the city by the food safety authorities and the corporation health squad have revealed that only less than 10 per cent of those in the food industry have proper freezer facilities.
Only a very few hotels stick to the stipulation that the freezer should be turned under –18 degree Celsius.
This fact was exposed during a debate on “Hygienic Food Right of The Citizen,” organised by the corporation, on Tuesday.
B. Sasi Kumar, health inspector of the corporation said that many hotels, irrespective of their class, lack proper waste disposal facilities.
“We found that only less than five per cent hotels have covered bins to collect waste, which is mandatory,” he said.
Refuting the claims of the representatives of Kerala Hotel and Restaurants Association (KHRA) that only the Commissionerate of Food Safety officials have the right to raid hotels, Sasi Kumar said:
“Under the Kerala Municipal Act, the D&O trade licence is issued to hotels by the local bodies and the relevant rules under it empower local bodies to conduct inspections in eateries”.
Rather than discussing the measures to be taken to ensure hygiene and quality food, the debate mainly centered on who the responsible authority to conduct the raids, was.
Earlier, inaugurating the debate at the Ernakulam Town Hall, district sessions judge P. Mohandas said that in food adulteration cases, the big manufacturers always go scot free while the small traders get trapped.
The corporation conducted the debate against the background of the recent raids on hotels and the reports on poor quality food being served.
“What’s needed to tackle the issue is a concerted effort, rather than a mere enforcement of law. All recommendations that come out of such healthy debates will help in streamlining the hotel industry,” said Mayor Tony Chammany.
T.K. Ashraf, health standing committee chairman introduced the topic. Advocate Jayasankar who led the debate remarked that a major factor contributing to the issue is the public’s lack of awareness about health issues and society’s changing food habits.
Jose Mohan of KHRA demanded that the raids be conducted in compliance with the FSS (Food Safety and Standards) Act and hotels should not be closed down without giving them a notice period to rectify their shortcomings.
Corporation secretary Ajith B.Patil moderated the debate. Deputy mayor B.Bhadra welcomed the gathering.