There is much hue and cry across the Country among trading community on account of The Food Safety and Standards Act, 2011 as the last date for obtaining Registration of Food Business Operators under the said Act is 4th February, 2014 and the traders feel that the provisions of the Act are such that no trader in the Country will be able to comply the provisions. Interestingly, the Act is applicable not only on the traders but has wider implications even on a common man as wherever the food items are served for profit or even for non-profit motive which includes even religious places like Temples, Gurudwara, Wedding or any other social function, meetings, Conferences, Seminars etc. Further, Mahila Grah Udyog, Cottage and Rural Industry, Self Employed Persons, Fishermen, Roadside Vendors, Hawkers, small and medium restaurants and food places, farmers, tribal groups, Honey Bee Collectors, slaughter Houses, small traders, traditional Halwais and even the social service schemes like Mid Day Meals etc of the Government will be under the purview of the Act. Even the enterprises involved in processing, packing, storage, distribution, imports or transportation will be liable to comply the provisions of the Act.
The Confederation of All India Traders (CAIT), apex body of the trading community has already submitted a detailed representation to Union Health Minister Mr. Ghulam Nabi Azad during a meeting with him on 14th January, 2014. Though Mr. Azad has assured the CAIT to defer the Act and to constitute a Joint Committee of senior Officials and CAIT representatives but in the absence of any notification of deferment so far, there is much panic among trading community of the Country since continuation of food trade without Registration will attract fine of Rs. 5 lakh and imprisonment for six months.
Leader of Opposition in Lok Sabha Smt. Sushma Swaraj and Dr. Murli Manohar Joshi, Chairman, Public Accounts Committee of Lok Sabha has already sent communications to Mr. Azad supporting the demand of deferment of the Act raised by CAIT. Union Law Minister Shri Kapil Sibal in a deliberation held today with CAIT leaders informed that he has extensively discussed the issue with union Health Minister Shri Gulam Nabi Azad who is convinced that the Act needs a re-look raised by CAIT, the Government will take necessary steps soon.
The Food Safety and Standards Act, 2006 was introduced by replacing the Prevention of Food Adulteration Act, 1954 and the Rules and Regulations for the said Act were made applicable on 5th August, 2011. CAIT National President Mr. B. C. Bhartia and Secretary General Mr. Praveen Khandelwal said that the Act and the Rules and Regulations are arbitrary and put unreasonable restrictions and there is no rational between the Rules and Regulations and the objects to be achieved. The Act permits Adulteration under the guise of “mis-branded”. The standard of agriculture produce cannot be uniform throughout the Country since the quality of agriculture produce depends on water use, fertility on soil, fertilizer and pesticides use, climatic conditions etc. Moreover, even the Government infrastructure to apply the Act including Testing Laboratories which is mandatory is not adequate. The Act has given discretionary powers to Authorities which will culminate into harassment and extortion.
Both Mr. Bhartia and Mr. Khandelwal said that even for the lapses of the Government Agencies which are unable to maintain proper cleanliness in public areas, the food business operator will be penalized.” It is a mockery and an attempt to handover the food business in the Country to Multinational Companies “–said the trade leaders.
Wherever food is prepared and served, safety should be ensured. That s what law says.
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