License of several eateries in Mumbai suspended for flouting FSSAI norms

 

15 April, 2013 : Restaurants, supermarkets and manufacturing units are among 43 food-vending establishments in Mumbai whose licences have been suspended for not complying with the new Food Safety and Standards Authority Act of India (FSSAI).

While the restaurants did not conduct the mandatory periodic health checkup of workers, the food chains failed to label food correctly (not mentioning if it contained non-vegetarian ingredients or food items that could cause allergies). “If hygiene checks are not conducted regularly, there are chances of infectious diseases spreading in the community. Many establishments have their licences suspended as they didn’t conduct these check ups. Those manufacturers who have failed to conduct laboratory exams of the food items have also had their licence suspended,” said Suresh Deshmukh, assistant commissioner (food), FDA.

This is the first time the Food and Drug Administration (FDA) has used the new FSSAI to suspended licences of food-making and vending establishments. FDA has not revealed the names of the establishments that have been penalised for flouting food safety norms.

Between April 2012 and March 2013, the FDA inspected 1,158 establishments and served improvement notices to 266 that flouted FSSAI norms. Until last year, the FDA would issue warning notices while the Brihan Mumbai Municipal Corporation (BMC) suspended licences, making the process of food safety audit cumbersome. “We would send the list of eateries, food stores which were flouting norms but the civic body would never take any action making the entire exercise futile,” said an official from FDA.

It was only in August 2012 that establishments selling or manufacturing foods were given licences under the new act by the FDA. “Facilities flouting norms are given an improvement notice, after which a fresh inspection is carried out. If they have not improved, we suspend their licences,” said Deshmukh. The maximum punishment for violating the rules is a Rs. 10 lakh fine and three years’ imprisonment.

Sources in the FDA said while around 45,000 facilities in the city are under the purview of the FSSAI, the shortage of manpower, makes it impossible to carry out regular inspections. Of the 66 posts of food inspectors sanctioned, only 20 are filled.

AHAR moves HC against Food Safety Act

The Indian Hotel and Restaurant Association (AHAR), along with several restaurant and hotel owners, lashed out against the Food Safety Standards Act (FSSA) 2006 and rules 2011 for treating them as a food manufacturing unit. The AHAR has even moved the Bombay high court challenging the validity of the Act.

The petition filed by the AHAR two weeks ago, states that the norms laid by the central government are mainly for food industries and not in any way for hotels and restaurants as these provide food as per the choice or order of the customers.

AHAR has alleged that the Act has been made applicable for the hospitality industry with some stray provisions and by using some terms loosely. They said that it was not feasible for the restaurant and hotel owners to comply with the terms of the Act.

Arestaurant owner said, “We don’t process food, we only cook food. But there is no mention of the term ‘cooking’ in the Act. AHAR had earlier written to the state Food and Drug Administration (FDA) asking for clarifications.

The FDA, however, refused to help them saying they were merely an implementing body. Another restaurant owner said, “The act states that labelling packaged food with its nutritional value is mandatory. But it is impossible for us to label each container that is home delivered as it is made as per the choice of our guests. “Similarly, you cannot ask us to test the water that we are using for cooking as we get our water supply from the BMC. But yes, you can hold us responsible for hygiene and sanitation. We are ready to comply with that. But all the norms stated in the Act are meant for bigger manufacturing units.” They are also hassled by the fact that the fine levied for the violation of these norms by the hospitality industry is the same as the manufacturing unit.

Further, the act also states that one cannot sell a non descriptive food item which is not described in your license. “We are supposed to submit our menu card for licensing. But we all know ours is a tailor made business and guests can even call in for something that is not on the menu.”

Advocate Anjali Purav, who is representing the case, confirmed that the petition has been filed but refused to comment further. She said, “We will soon be getting our first date of hearing and only after that will I be able to comment.”

Meanwhile, in its first-round of inspections carried out since April 2012, the state FDA has found that around 600 of the inspected 1,060 eateries across Mumbai are not complying with the rules of the Act.

Call to plug loopholes in Food Safety Act

More than 40 packaged drinking water manufacturing units here, which are approved by the Bureau of Indian Standards (BIS), are now either on the verge of shutting down or have leased out their plants.

These units, each of which have spent at least Rs. 1 crore in capital investment and another Rs. 1 lakh every year for BIS certification, are being undercut by companies that exploit loopholes in Food Safety and Standards Act (FSSA), 2006, according to Coimbatore Region Packaged Drinking Water Manufacturers Association.

Certain companies avoid use of the words ‘packaged’ or ‘mineral’ drinking water to avoid meeting any standards even though they supply the same product given by those adopting these words, Association Secretary D. Suresh Kumar told The Hindu here on Saturday.

By using the words ‘herbal’ or ‘flavoured’ water, which have been categorised as traditional food products under the FSSA and exempt from standards, the companies are able to supply drinking water cheaply and undercut others that follow all norms.

“Such firms typically set up an RO plant in a rented house premises and spend just around Rs. 2 to 3 lakh.

“There are at least 30 such plants operating in Tirupur alone.”

The public are not aware of the distinction between these approved and unapproved companies and often buy the cheaper products, he says.

He said that of the 108 members of the association, 15 have leased out their plants and 27 have become sick and are likely to close down.

Complaints

The association, he says, has lodged complaints with the Commissioner of Food Safety and Standards Authority of India, the statutory body that enforces the FSSA, and the Bureau of Indian Standards (BIS) asking them to close the loopholes.

Mr. Suresh Kumar says they will be stepping up their campaign with the Central Government and create awareness among the public.

If no action was forthcoming, he said that these companies had little choice but to surrender their BIS certification as following these norms was proving futile.

Headless

The Food Safety and Standard Authority of India (FSSAI) has no Chief Executive Officer (CEO) for the last three months. This is not the first time that the top food regulator is subjected to such an apathetic approach from the Health Ministry, which oversees its functioning. The current FSSAI chairperson K Chandramouli was appointed four months later after his predecessor left the post. Also, no meeting of the Authority, a high-level decision making body of the FSSAI, has been held since his appointment.

Bid to step up food safety measures

New Delhi, April 14: The Food Safety and Standards Authority of India (FSSAI) plans to register and issue licences to 55 million food and beverage companies, manufacturers and vendors, including those in the unorganised sector, by February 2014.

"The exercise is part of the organisation's efforts to harmonise food safety standards," FSSAI chairman K. Chandramouli said on the sidelines of an Indian Beverage Association (IBA) seminar.

The FSSAI has also sought Rs 5,000 crore from the government in the Twelfth Five-Year Plan (2012-17) to set up food safety laboratories. The proposal is awaiting clearance.

"We do not have food and safety standards in the country which deal with food products across the spectrum. For this, we need to get the state governments and other stakeholders on board," he added.

At present, only a million licences have been issued to food and beverage operators. According to Chandramouli, the implementation of the FSSAI act continues to remain a challenge.
The FSSAI was established under the Food Safety and Standards Act, 2006, as a statutory body for laying down scientific standards for food items and regulating manufacturing, processing, distribution, sale and import of food to ensure safe consumption.
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