Three years after the Food Safety and Standards Act (FSSA), 2006, came into effect, the health ministry has decided to undertake a comprehensive review of it, in order to make it more accommodating and ensure its implementation without forcing it on anyone.
It decided to do so after the Food Safety and Standards Authority of India (FSSAI) received a number of complaints regarding its operations; delegations made recommendations to the health ministry, and the courts made a number of observations.
It was also learnt that the ministry planned to repeal the Act for a short period, and would represent a new draft in Parliament’s next winter session.
Commenting on the review, health minister Dr Harsh Vardhan said, “Since I took charge of the ministry, we have received several representations and memorandums on the subject of food safety.”
“So we thought of withdrawing it for a short time, and studying the recommendations and the existing legislation in detail. We don’t want to force anything. We are trying to develop a consensus without compromising on the quality,” he added.
“The law must incorporate the practicality of the regulations. India must modify laws according to its needs. It may not be feasible to implement those that have been enforced overseas as they are here,” Dr Vardhan stated.
“The country must also ensure that there is an implementation mechanism, and has to create establishment according, and not permit any compromise on the food standards,” the minister added.
He stated that for 100 days after he assumed office, he met scores of delegations from across India, who voiced their concerns about the implementation of the Act. He said, “You can’t rubbish every suggestion that is put across by so many people.”
A senior official in the ministry stated that the ministry was initially planning to amend the Act, but had to paid heed to the observations made by the Supreme Court. These included the need to make the punishment more stringent.
“In the light of that, we want to review the entire Act, before coming up with the new draft. We must adopt a holistic approach towards food safety,” he added.
Sources said representations were made before the health minister and the prime minister. Some of them also met Bharatiya Janata Party (BJP) president Amit Shah to voice their concerns regarding the implementation of the Act.
It was also learned that the food business operators (FBO) made a detailed point-wise presentation to the health ministry about the Act.
Although FSSAI chairman K Chandramouli wasn’t in favour of any review of the Act, his views were overruled by the representation by the FBO.
Meanwhile, Dr Vardhan said that there could not be a second opinion on food safety. “This is absolutely needed, and there should be the highest possible standards for the same,” he added.
“Also the food industry needs to survive. That is also vital. But in the name of survival, permitting substandard or unhealthy foods is unacceptable,” the minister said.
“There has to be a balance between providing safe food to the people and ensuring that safety mechanisms are taken care of without any bias and prejudice against anybody,” Dr Vardhan said.
It is pertinent to mention here that the steps taken by FSSAI in recent times have raised eyebrows, particularly as far as the communication gap is concerned.
FBO have always rued that the apex food regulator had not opened a proper communication channel, so their voices were not heard.
Also lately, product approval had become a bone of contention between the food industry and FSSAI. The matter was also raised in the Prime Minister’s Office (PMO).
Moreover, a number of litigations were also filed, challenging the way FSSAI conducted its activities, including issuing advisories.
