ADULTERATION IN MILK & MILK PRODUCTS

HC whip on milk adulterators Directs authorities to take milk, curd samples once in two weeks

Srinagar, February 25

To check adulteration in food items, the J&K High Court has directed the authorities concerned to lift the samples of milk and curd sold in the market by different companies under different brand names at least once in two weeks and send the samples for analysis to the notified food testing laboratories. 

The court in its directions, made available today, has also directed the authorities to prosecute the manufacturers/companies if found involved in adulterations of the food items in the light of the analysis reports received from these laboratories. 

These directions have been issued by a division bench of the J&K High Court, while hearing a PIL on the implementation of the Food Safety and Standards Act in the state. 

“The respondents are directed to lift samples of toned milk, skimmed milk and other types of milk/curd or any other milk products marketed by MS Khyber Agro Foods and milk farms at least once in two weeks and to forward the samples to a notified laboratory…. and to produce the analysis report in the court,” the court said in its orders. 

It also directed the authorities concerned to lift the food items marketed by Avon and Kanwal Foods at random at least once in two weeks for analysis and produce the analysis report before the court. 

“The respondents are directed to lift other samples of the milk and curd marketed by other companies at least once in two weeks,” the court added. 

Earlier, on December 24, 2013, the Jammu & Kashmir High Court had ordered owners of three food and spice companies, Avon, Kanwal Foods and Khyber Agro Foods and Milk Farms to pay Rs 10 crore each to a premier government-run medical institute, SKIMS, Srinagar, following reports that their products were found adulterated in laboratory tests. 

However, these companies succeeded in getting a stay from the Supreme Court against these directions of the J&K High Court. 

“The manufacturers of the three adulterated food items were directed to deposit Rs 10 crore each with the Director, SKIMS, and were also directed to withdraw food items in the question…The directions regarding deposit of Rs 10 crore each has been stated by the Supreme Court....However, the manufacturers/companies are not permitted to sell/market the produce forming subject matter of the petition,” the high court observed in its fresh orders.

HC for regular sampling of companies

SRINAGAR, Feb 25: Jammu and Kashmir High Court today directed the authorities to conduct the laboratory testing of various food items of Food Processing companies on regular bases and launch prosecution of manufacturers, dealers, distributors whose products are found adulterated.

A Division Bench of the High Court comprising Justice Hasnain Masoodi and Justice Tashi Rabstan today directed the authorities to lift samples of the food products of AVON Agro Industries Pvt Ltd Delhi, Khyber Agro Farms and M/s Kanwal Agro Food Industries Anantnag and send them for testing to reputed Testing Laboratories.

The Court directed the authorities to lift the food items marketed by M/s AVON and M/s Kanwal Agro Food Industries, Anantnag at random at least once in two weeks and also samples from toned milk, skimmed milk, full fat milk or any other type of milk and curd marketed by other companies and forward the lifted samples to notified laboratories within the State and referral laboratory for analysis and produce the result before the Court, and to launch prosecution against the manufacturers, dealers, distributors wherever required in light of the analysis report.

The High Court directed the authorities to ensure that M/s Khyber Agro Milk is prevented from selling the spurious and synthetic milk to the consumers and other two companies, AVON Agro Industries Pvt. Ltd Delhi and M/s Kanwal Agro Food Industries, Anantnag are also made to desist from adding prohibited colouring agents to the food items.

The Bench further directed to lift samples of the tuned milk, skimmed milk, full fat milk, or any other type of milk under whatever name it is marketed and curd marketed by M/s Khyber Agro Farms, at least once in a week and to forward the samples, to laboratory within the State or to the referral laboratory at Pune-41001 or any other laboratory as identified by food authority and to produce the analysis report of the samples so lifted before the Court.

The Bench also directed to inform the Court about the status report of prosecution launched against M/s Khyber Agro Farms Ltd after the receipt analysis reports earlier.

Court observed that having regard to the adulterants added as per the CFL Kolkata report, it prima facie appears that the adulteration is made with design. The adulterated food products are injurious to health and cheaper in cost as, synthetic milk is supplied to the consumers and colouring agent added to the food items.

The Bench also observed that Apex Court of the country has also directed these companies not to sell the products.

In another direction with regard to manpower and infrastructure under the Food Safety and Standards Act,2006, Court directed the State Government to submit status report on next date of hearing indicating therein the staff sanctioned/created and recruited from the date after the Act came into force, and also indicate in the status report the particulars of designated officer for each district and Food Safety Officer and Food Analyst for each local area with their respective territorial jurisdiction.

The Bench observed various direction were issued from time to time but the response to such directions has been lukewarm by and large and not up to the mark. “Resultantly non-availability of manpower and infrastructure contemplated under the Act remains a “paper Tiger” and the general public left at the mercy of unscrupulous manufactures/ dealers/sale/distribution of adulterated food items”, the Court observed.

The Bench was hearing a PIL regarding the menace of food adulteration, where in on last hearing Court had imposed Rs 10 crore to Kyber, AVON and Kanwal for selling and manufacturing adulterated food items. After the Director SKIMS furnished his report about the damages caused by the adulterated food, the Court asked them to show cause why further Rs 10 crore may not be imposed as penalty on them.

HC seeks test reports of toned milk, curd sold in Valley

Srinagar: To prevent sale of spurious milk, the Jammu and Kashmir High Court has directed authorities to fortnightly lift samples of toned milk and curd and submit laboratory details about the merchandise before it.

However, in case of Khyber Agro, a division bench of Justices Hasnain Massodi and Tashi Rabstan directed authorities to lift samples at least once a week.

“In order to ensure that M/S Khyber Agro Milk is prevented from selling the spurious and synthetic milk to the consumers, authorities are directed to lift samples from the toned milk, skimmed milk, full fat milk or any other type of milk under whatever name marketed and curd marketed by (it), at least once in a week and to forward the samples, so taken to laboratory within the state as also to the Referral Laboratory at Pune or any other such laboratory as identified by Food Authority,” the court said, asking the authorities to produce the analysis report of the samples before the court.

The bench also directed the authorities to lift the samples from the food items marketed by M/S Avon and Kanwal Foods at random “at least once in two weeks.”

“Forward the samples to notified laboratory within the state as also to Referral Laboratory for analysis and produce the results/analysis report before the court,” the court said.

It also directed the authorities to launch prosecution against the manufacturers, dealers, distributors wherever required in light of the analysis reports.

“The authorities are directed to inform the court whether prosecution against M/S Khyber Agro Milk Farms Ltd has been launched after the receipt of analysis reports mentioned in order dated December 23, 2013,” the court said, directing authorities to file status report by next date of hearing.

The court was hearing a PIL—Sheikh Ayoub Vs State— seeking implementation of Food Safety and Standard Act 2006 (FSSA) to check food adulteration in the state.

The court also directed government to submit status report regarding the strengthened staff as envisaged by the FSSA, staff recruited from the date Act came into force.

“The status report shall also indicate the particulars of Designated Officers for each district and Food Safety Officer and Food Analyst for each local area with their respective territorial jurisdiction,” the court added.

PIL alleges caffeine content beyond permitted limit in energy drink

Summary

Through amendments, authority proposes to add caffeinated beverage as an additional category under FSSAI, court was informed.

A Public Interest Litigation (PIL) heard by the Bombay High Court on Tuesday accused the Food Safety and Standards Authority of India (FSSAI) of having made amendments to the existing regulations to permit companies, particularly Red Bull, to add caffeine in energy drinks beyond prescribed limits. The PIL states that this would have been done without evaluating the risk to health of consumers.

The amended regulations would provide caffeinated beverages to contain not less than 145 mg of caffeine per litre and not more than 320 mg per litre whereas the existing regulations state that the limit is 145 mg per litre, a bench of Justices V M Kanade and G S Kulkarni was told.

Through the amendments, the authority proposes to add caffeinated beverage as an additional category under the FSSAI, the court was informed. “By the said amendment, the authority proposes to add caffeinated beverage as an additional category. The said exercise is done only to permit the companies (that sell carbonated beverages containing caffeine and more particularly Red Bull) to add more caffeine than the standards mentioned in the existing regulations,” the PIL alleges.

According to information sought by the petitioner under the RTI, Red Bull Energy Drink in 2009 had undergone seizure of various stocks as the samples analysed by the Food and Drug Administration (FDA) revealed that the samples contained more than 200 mg per litre, which is more than the prescribed limit. The RTI further revealed that the stock of the seized drinks were ordered to be destroyed by the Alibaug judicial magistrate.

Arguing for petitioner Yajurvedi Rao, advocate Anjali Purav urged the judges to restrain the FSSAI from permitting any company to sell beverage with more caffeine than prescribed, and from creating a new category in beverages than already provided in the FSS Act 2006.

The PIL also listed out the side effects of caffeine and termed them “serious”. “Caffeine being a stimulant, it affects all parts of the body. Blood vessels in the brain constrict heart beats more intensely and the muscles contract,” it stated.

It further said, “Caffeine contributes to weight gain and obesity. Though there maybe warning on the can of the drink ‘not more than 2’, but there is no machinery or statute available to control or regulate or supervise its consumption or sale.” The FSSAI sought time to respond to the allegations levelled by the petitioner and was granted three weeks by the court to file its reply.

What is the definition of ‘Tea’ as per FSS Regulations? What is the labelling guideline on added flavour in Tea?

As per FSS regulations, ‘Tea’ is mentioned under Beverages and has three sub-types – Tea, Kangra Tea & Green Tea.

‘Tea’ has been defined as; tea which is obtained by acceptable processes, exclusively from leaves, buds and tender stems of plant of the Camellia sinensis (L) O. Kuntze. The form of tea could be of black or oolong tea. Tea shall have characteristic flavour free from any off odour, taint and mustiness and it should also be free from living insects, moulds, dead insects, insect fragments and rodent contamination visible to the naked eye. 

‘Kangra Tea’ is the tea which is exclusively derived from the leaves, buds and tender stems of plants of the Camellia sinensis or Camellia tea which is grown in the Kangra and Mandi valleys of Himachal Pradesh. 

‘Green Tea’ means the tea product which is derived solely and exclusively, produced by acceptable processes, notably enzyme, inactivation, rolling or comminution and drying from the leaves, buds and tender stems of varieties of the species Camellia Sinensis (L) O. Kuntze, known to be suitable for making tea for consumption as a beverage. 

A package containing tea will have to comply with the labelling requirements as have been mentioned under FSS (Packaging & Labelling) Regulations, 2011.

A packaged tea product with added flavour shall bear the following label: 

“Flavoured Tea” (common name of permitted flavour / percentage)                                       Registration No. ………………………

 The specifications and the requirements of the tea product have been declared under FSS (Food Products Standards and Food Additives) Regulations, 2011. A tea product shall conform to the requirements and the figures on the materials as have been defined under BEVERAGES (Other than Dairy, Fruit & Vegetable based).