Health Dept Needs More Teeth to Ensure Food Safety

KOCHI: Even after the full-fledged Food Safety and Standards Act-2006 came into existence, there is no clarity as to which agency should conduct the inspection of the food sold in the State - the Food Safety Department or the Health Department.

Reply to an RTI query submitted on October 16, 2014, shows that the authority to conduct food inspection is vested with the Food Safety Department, not the Health Department.“The lack of clarity in the matter is the primary reason why the Food Safety and Standards Act could not be implemented successfully in Kerala,” says sources in the Health Department.“Call it a paradox. The Health Department, which has around 5,000 staff, carries out all the activities pertaining to food safety, but without any legal backing. Meanwhile, the Food Safety Department, which is legally responsible for such activities, is facing severe staff shortage. The issue could have been easily sorted out if the Health Department officials were given the power to conduct food safety inspections,” they pointed out.

The RTI report says that as per a government circular (66562/RC(3)/2012 LSGD), the role of a Health Inspector is restricted to field inspection. The local bodies issues licence based on the inspection conducted by a Health Inspector. “But, that is a circular, not a law,” said the sources.The RTI report further points out that according to the Food Safety and Standards Act, a medical certificate from a registered medical practitioner is mandatory, not the health card issued by the Health Department.

“So, where is the legal backing for the inspections being carried out by the Health Department? Effective checking would be possible only if both the departments go hand-in-hand. In every gramapanchayat, there is one health inspector, and two or more junior health inspectors. Sadly, the government has not been able to utilise their services, and has restricted them to the areas of immunisation, family planning and prevention of non-communicable disease, which do not require strict monitoring,” said the sources.The Health Department has a tendency to follow the Madras Public Health Act-1939 and the Travancore Cochin Public Health Act-1955 quite often. However, reply to another RTI query moved in the Health Department on November 22, 2014, states that Chapter-XII (from Section-114 to 121) that deals with food control, and sections of Madras Public Health Act that gives the Health Department power to tackle food safety issues, had been annulled with the implementation of the Food Safety and Standards Act.

Directorate of Health Services Director Dr P K Jameela said that the Health Department had the power to intervene everything that has something to do with the well-being of the people. “Both the departments have to go hand-in-hand to make the process successful. Besides, a Unified Public Health Act can settle this issue to a great extent,” she added.