UP PSC Food Safety Officer Recruitment 2014

FSSAI issues being sorted out on a priority basis: Badal

Food Processing Minister Harsimrat Kaur Badal today metdelegations of industry associations and assured them that issues related to food safety standards authority are being sorted out on a priority basis. 

The Indian Egg Processors Association led by its president SKM Shree Shivkumar and delegation of Indian Confectionery Manufacturers Association, including representatives of Cadbury, Mondelez, and others, met the minister and discussed the issues related to their respective sectors. 

Badal told both industry delegations that issues between food processing industry and Food Safety Standards Authority ofIndia (FSSAI) are being sorted out on a priority basis, according to an official statement. 

Meanwhile, the Minister also outlined the government's plans for the industry and informed that Finance Budget has given a major boost to the industry in terms of decreasing excise on plant and machinery and packaging used for food processing industry. 

Badal also viewed a presentation from drip irrigation firm Jain Irrigation Managing Director Anil Jain.

Despite Govt Assurance in House, Food Safety Dept Yet to Fill Posts

KOLLAM: The Food Safety Department, which ensures the hygiene of eateries, is compromising its functions as more than half of its field-level officers are yet to be appointed. Against the 140 Food Safety Officers (FSO) required, the department has so far appointed only 60 officers. 

After the death of Sachin Roy Mathew in July 2012, after eating a stale shawarma from an eatery in Thiruvananthapuram, and subsequent closure of unhygienic eateries across the state, the public became aware of the importance of this department.

An Assembly Committee chaired by M Ummer had warned the government in April 2013 that the Food Safety Department was facing staff shortage and it would hamper the very functioning of the department. It was this committee which suggested the government to take immediate steps to appoint FSOs in each constituency. But it has been one year now and the government failed to take any action based on this.

In June 2014, Health Minister V S Sivakumar told the Assembly that Food Safety Offices would be opened in all 140 Assembly Constituencies by June 30.

But an RTI query filed by T R Ananthanarayanan, vice-president, Kerala Food Technologists Association (KEFTA), revealed that the government has still not kept its word.

In response to the RTI query on July 7, the department said that there were currently 80 vacancies of FSOs in the state and it was not reported to the PSC, as confusion prevails over the educational qualifications required and they were awaiting a final decision from the government.

When Express inquired this matter with the Commissionerate of Food Safety, an official said that the confusion was over the educational qualification mentioned in the Government Order (GO) dated December 3, 2013 from the Department of Health and Family Welfare.

The GO mentions the qualifications and method of appointment for the Joint Commissioner of Food Safety, Assistant Commissioner of Food Safety and Food Safety Officer.

“An infinitesimal error in one of the posts was the reason behind the delay and when it was noted, we forwarded it to the department concerned and all the confusions were sorted out. If it goes uncorrected to the PSC, it might lead to further complications. We think that this muddle could be solved within a week. The ball is in the court of the Health Department now,” said an official, on the conditions of anonymity.

The infinite delay in reporting FSO vacancies to the PSC is debilitating the spirit of thousands of eligible candidates in the state.

“This delay, which could be purposefully made, would pave way for backdoor entries, most probably ineligible entries, for the FSO posts, which is the entry level post to the Food Safety Department,” an official said.

“Some quarters in the Department is against reporting vacancies to the PSC and are favouring backdoor entries. We strongly believe that it is for helping Junior Health Inspectors (JHI) or Health Inspectors (HI), who don’t have minimum qualification to become FSOs,” said an officer, on the conditions of anonymity.

The officer also said that the JHIs and HIs were busy collecting degrees from distance education universities to make themselves eligible for the FSO posts and termed the Health Minister’s directive to open Food Safety offices in all constituencies as a ‘bolt from the blue’.

“We don’t know how we can open Food Safety Offices in all constituencies. First of all, adequate number of FSOs are not there in each district and secondly, the Department is not taking any initiative to report the vacancies to the PSC,” said a highly placed source.

It was found that under the district Food Safety Department, there were 11 circles and the number of FSOs were five. The same is the case in other districts. Staff shortage is affecting the objective of the Department, which was created for the implementation of the Food Safety and Standards Act (FSSA), 2006.

According to sources, the stand taken by the Food Safety Department is a clear violation of the directive given by the Department of Personnel and Administrative Reforms (P&ARD).

The P&ARD, in a GO on February 2014, strictly instructed all departments to report vacancies to the PSC in a systematic manner.

The KEFTA alleged that six retired employees had been appointed in various districts to assist the FSOs there, instead of appointing full time FSOs, which is against the directive of the Food Safety and Standards Authority of India (FSSAI).

“The way in which the matter is being handled by the Food Safety Department will destroy the eagerness of youth to join service. Thousands of eligible candidates are waiting for a call from the PSC. But it seems to us that the department is interested in backdoor appointments,” Jaffar, state general secretary, KEFTA, said.

He also said that the current FSOs would retire in a short period of time and the dilly-dally attitude of the department in reporting vacancies would lead to a big crisis.

“It is an irony that Kerala was the first to establish the Commissionerate of Food Safety to implement the FSSA- 2006 but it still falls behind other states, when it comes to recruitment of FSOs through the PSC,” he said.

Tobacco products destroyed

Banned items were valued at Rs.6.50 lakh

Tobacco products seized by Revenue and Food Safety departments being destroyed on the Collectorate premises in Madurai on Monday.

Banned tobacco products which include Gutkha and Paan Masala were destroyed by officials from the Revenue Department and the Department of Food Safety and Drug Administration on the District Collectorate premises here on Monday.

“In total, 10,000 packets of Gutkha and Paan masala were destroyed and they were worth Rs.6.50 lakh. They had been brought into the district from North India,” said District Revenue Officer L. Chitrarasu.

A sizable amount of the banned tobacco products which were destroyed were seized by flying squads while inspecting vehicles during the recently concluded 16th Lok Sabha Elections in the Madurai Constituency.

Officials from the Food Safety Department also said some of the products had been seized from shops in rural and urban areas which had stocked them, though they had been banned by the Tamil Nadu government.

“While we received a written undertaking from small petty shops stating that they would not stock these tobacco products in the future, complaints have been filed against big stores stocking the banned products,” said J. Suguna, Designated Officer for Food Safety and Drug Administration, Madurai District.

Ensuring Food Safety and Standard

Describing the framework put in place in the form of FSSAI and FSS act 2006 for taking Indian food processing industry to newer heights and making it more competitive.

The Food Safety & Standards Act 2006 aims to “consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying 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”. It is worthwhile to mention that before this India had plethora of laws like Fruit Products Order, 1955,Meat Food Products Order, 197,Vegetable Oil Products (Control) Order, 1947,Edible Oils Packaging (Regulation) Order, 1988,Solvent Extracted Oil, De-oiled Meal and Edible Flour (Control) Order, 1967,Milk and Milk Products Order, 1992,Any order under Essential Commodities Act, 1955 for dealing with various food safety issues .

FSSA 2006 incorporates the salient provisions of the PFA Act, 1954 and is based on international legislations and instrumentalities. In a nutshell, the Act takes care of international practices and envisages an overreaching policy framework and provision of single window to guide and regulate persons engaged in manufacture, marketing, processing, handling, transportation, import and sale of food. The Act is contemporary, comprehensive and intends to ensure better consumer safety through Food Safety Management Systems and setting standards based on science and transparency as also to meet the dynamic requirements of Indian Food Trade and Industry and International trade. Food Safety and Standards Regulations, 2011 involves FSS (Licensing and Registration of Food Business) Regulations, 201, FSS(Packaging and Labeling) Regulation, 2011, FSS (Food Product Standards and Food additives) Regulations, 2011.,FSS (Prohibition and Restriction on sales) Regulations, 2011,FSS (Contaminants, Toxins and residues), regulations , 2011,FSS(Laboratory and Sampling Analysis) Regulation Act.

The Central Government, the State Governments, the Food Authority and other agencies, as the case may be, while implementing the provisions of this Act shall be guided by the following principles, namely Endeavour to achieve an appropriate level of protection of human life and health and the protection of consumer’s interests, including fair practices in all kinds of food trade with reference to food safety standards and practices”.Carry out risk management which shall include taking into account the results of risk assessment, and other factors where the conditions are relevant, in order to achieve the general objectives of regulations. Where in any specific circumstances, on the basis of assessment of available information, the possibility of harmful effects on health is identified but scientific uncertainty persists, provisional risk management measures necessary to ensure appropriate level of health protection may be adopted, pending further scientific information for a more comprehensive risk assessment. In case where there are reasonable grounds to suspect that a food may present a risk for human health, then, depending on the nature, seriousness and extent of that risk, the Food Authority and the Commissioner of Food Safety shall take appropriate steps to inform the general public of the nature of the risk to health, identifying to the fullest extent possible the food or type of food, the risk that it may present, and the measures which are taken or about to be taken to prevent, reduce or eliminate that risk. Where any food which fails to comply with food safety requirements is part of a batch, lot or consignment of food of the same class or description, it shall be presumed until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with those requirements.

FSSAI and its mandate

The food safety regulator’s primary responsibility is to protect the consumer by ensuring compliance with food safety laws and regulations, given that the public’s well-being is the ultimate objective of a national food safety system. Producers and processors, in contrast, are in business to make a profit and that priority may well impair their perception of accountability to society. Therefore, it is also the food safety regulator’s duty to remind producers and processors of their responsibility to produce safe foods. This message can be made more relevant by explaining to food producers and processors that the safety of their products not only fulfills their responsibility towards society but may also be determinant in developing their business.

FSSAI has been created with the aim to emerge as a single reference point for all matters relating to Food Safety and Standards, Regulations and Enforcement, providing Integrated response to strategic issues like Novel foods, Health Foods, Nutraceuticals, GM foods, international trade, achieving high degree of consumer confidence in quality & safety of food,creating Investors friendly regulatory mechanism with emphasis on self-regulations and capacity building, Enforcement of the legislation by the State Governments/UTs through the State Commissioner for Food Safety, his officers and Panchayat Raj/Municipal bodies. Emphasizing on gradual shift from regulatory regime to self-compliance through food safety management system(FSMS), HACCP and ISO 22000,acting as a bridge by harmonising domestic and international food policy measures without reducing safeguards to public health and consumer protection and adequately disseminate information on food to enable consumer to make informed choices; Providing framework for food recall; Surveillance with the help of large number of food testing labs, creation of justice dispensation system for fast track disposal of cases; Covering Health Foods, supplements, nutracuticals; Issuing Licenses within a time frame of 2 months, Compensation to Victims (for any case of Injury/Grievous injury/ Death); Reward to informer (informing about the violators – adulteration etc.) by State Govt. The small food business operators need no licenses but only registration is mandatory.The Act covers activities throughout the food distribution chain, from primary production through distribution to retail and catering. 

The composition of FSSAI.

FASSAI is composed of 22 Members headed by the Chairperson(CP).it has Chief Executive Officer, Seven Ex-officio members (Jt. Secretaries of Ministry of Agriculture, Commerce & Industry, Consumer affairs, Food Processing Industries, Health

& FW, Law & Justice, Economic Adviser. In addition two representatives of Food Industry (Small & Large scale), two representatives of consumer organization, three eminent food technologists/scientists, five representatives of States/UTs, two representatives of farmers organizations and one representative of retailers organization.

FSSAI has central advisory committee headed by the chief executive officer with members commissioners of tall the state/UT .Representatives of food industry agriculture, consumer, research bodies & food laboratories, invitees from the concerned ministries. It also advices authority on the work programme of work, identifying potential risk and pooling of knowledge it creates scientific panel on functional foods, nutrceuticals,dietetic products and other similar products, methods of sampling and analysis.

IDMA asks FBO across country to stop paying FSSAI for product approval

At a recent press conference called by the Indian Drug Manufacturers’ Association (IDMA), the association urged manufacturers and food business operators (FBO) across India not to pay money to the Food Safety and Standards Authority of India (FSSAI) for product approvals. They also spoke about the fight against the regulator on product approvals and the Mumbai High Court judgment quashing them. 

Dr R K Sanghavi, chairman, nutraceutical sub-committee, IDMA, informed, “Even after the stay by Mumbai High Court, the ambiguous scheme of product approval is still causing harm to the dietary supplements, health supplements, functional foods and nutraceutical industry.” 

“FSSAI introduced the scheme in 2012, and since then its guidelines have been changed eight times, the last advisory was bought in May 2013. The quashing of product approval by the High Court is a very good move, but FSSAI is not clarifying their stand which is making us lose business to the tune of crores,” he added.

An importer, on the condition of anonymity, said, “The High Court gave the judgment in our favour, but the FSSAI is not allowing us to do our business in a right way. They are always harassing us by one new advisory or another.” 

“The High Court quashed FSSAI product approval advisories, terming it unlawful. But port authorities demanded the product approval from importers of dietary supplements and nutraceuticals. The authorities are refusing to send the landed products for testing without the product approval, and as a result, no clearance is being made for the import of goods in India,” he added.

The importer added, “Two years ago, we filed for the product approval application, but FSSAI officials did not revert. The authorities has neither been processed, nor rejected or accepted.” 

“And due to this, our business has been affected by 70 per cent. The imports of our product have completely stopped since September 2013, and the reason we are struggling to stay afloat with the sale of old insufficient stock,” he said. 

“We have all the necessary licences required to import and to do business as per the High Court order, and we should have been allowed to run our business during this period, but FSSAI is not permitting us to do it,” the importer added.

“Meanwhile, senior IDMA officials asked all the manufacturers and FBO to carry on their business without any fear, and not to pay to FSSAI on demand for product approval has been stopped since September 2013, and we are struggling to stay afloat with the sale of old insufficient stock,” he stated. 

“We have the necessary licence required to import and do business, and as per the stay order, we should have been allowed to run the business during this while,” the importer added.

India is a fast-growing market of nutraceuticals and dietary supplements owing to the increase in life expectancy, and a subsequent increase in lifestyle diseases. 

The industry is expected to grow rapidly in next ten years (according to a Federation of Indian Chambers of Commerce and Industry [FICCI] and Frost and Sullivan report in 2010). Yet, Indian players are suffering huge losses with many forced to shut down their businesses.

A large number of FBO are also exporting nutraceuticals and dietary supplements to developed markets like the United States and Europe, where there is no such a product approval system, however, are adversely affected by the uncertain regulatory regime in India.

Leading industry associations, after making several representations to FSSAI officials, intense discussions with its own members and open conferences with the stakeholders, have found no direction or definite solution from the authorities on the issue of product approvals. 

FBO, however, through their associations are determined to find an effective way to resolve the prevailing issues and demand an independent body to help the cause.

Background

The Food Safety and Standards Act (FSSA), 2006, was implemented in August 2010, and the FSSAI has framed regulations, covering food products in August 2011. 

In January 2012, FSSAI introduced a product approval system, directing all FBO to obtain product approval before applying for the licences under the new Act. 

The new Act provided automatic transition of existing licenses under the earlier regime of Prevention of Food Adulteration Act (PFA), 1954, but the Regulations issued in 2011 provided for a one-year time limit. This time limit has been extended several times, with no conclusion.

It appears from these advisories that the initial thought was only to limit the requirement of product approval for novel foods that contain ingredients, which are introduced for the first time in the country or which do not have a history of safe use. 

However, the scope of advisories was extended to cover all categories of products which were not standardised, even if they were old and established in the market.

Most FBO, including those who were producing proprietary foods for a long period of time, have applied for product approval by paying Rs 25,000 for each product applied, in order to transfer the licences of existing products under erstwhile licenses and regime to the new one. 

However, due to the lack of clarity in implementation and the criteria adopted for such approvals, many FBO have been facing significant problems. A majority of them have not received the product approval or no-objection certificate (NOC) despite having applied for it over a year ago, thus making them unable to apply for licences.

Following this, a writ petition was filed in Bombay High Court against the advisories of product approval issued by FSSAI, for which the proceeding is on. 

So far, FSSAI has been unable to justify whether this power to release advisories has been passed before both the Houses of Parliament or not. 

Such arbitrary Acts by the food authorities has adversely affected various sectors of food industry, especially in the states like Maharashtra, Gujarat, Karnataka, Madhya Pradesh, Himachal Pradesh and Tamil Nadu. 

The adverse effect has particularly been amplified due to interrupted operations in lieu of ultra vires advisory leading to poor economics of the industry causing shut downs and labour layoffs.

In the interim, on January 31, Bombay High Court stayed the product approval advisory dated May 11, 2013 for a period of four weeks, commencing February 4.

While the High Court extended the period for conversion of old licences by a period of eight weeks, FSSAI, in its recent advisory, extended the time period by six months (till August 2014).

The Supreme Court recently refused to lift the stay on the Centre’s new legal regime, under which the food regulator was authorised to issue guidelines requiring manufacturers to take approvals for the products already in the market.

A bench, comprising Justices J S Khehar and C Nagappan, declined a plea by FSSAI to modify the restraint order passed by Bombay High Court, which had stayed the advisory issued on the subject.

According to the May 2013 advisory, food products covering a broad spectrum, including “novel foods, functional foods, food supplements, irradiated foods, genetically-modified foods, foods for special dietary uses or extracts or concentrates of botanicals, herbs or of animal sources” should apply for product approval.

“After perusing the petition and hearing the arguments, we don’t find any ground to interfere with the interim order, and hence the prayer against the impugned order is rejected,” said the bench, adding that the High Court should make all endeavours to expeditiously dispose of the petition.

Appearing for FSSAI, senior advocate Paras Kuhad pointed out that owing to the blanket stay order, the authority was handicapped in examining any food product. 

“This order is affecting the entire industry. The entire food safety mechanism is rendered ineffective and the authority cannot verify any food product,” he argued.

Kuhad added that FSAAI has now decided to extend the deadline for product approval and licensing to August 31, and the manufacturers could avail this remedy without waiting for the outcome of the petition.

The bench however maintained that the High Court order was only an interim order, adding that the validity of the advisory was still to be finally adjudicated. It asked the government to wait for the final order of the court and refused to modify the interim directive.

While hearing petitions filed by Vital Nutraceuticals and IDMA against the advisory, a two-judge bench of the Bombay High Court had initially delivered a split verdict on whether the FSSAI had the power to issue guidelines requiring existing manufacturers to take approval for products that are already in the market.

One judge on the bench held that such approval for products that are already in the market was unconstitutional, but the other differed and stated that the right to safe and uncontaminated food was held to be a fundamental right under the Constitution.

The matter was then referred to a larger bench of the High Court, which was seized of the issues pertaining to the legality and validity of the impugned advisory.