FSSAI rejects product approval applications; urges FBOs to stick to norms

New Delhi

The Food Safety & Standards Authority of India (FSSAI), in a recent development, has rejected applications for product approval by Tata Starbucks, Ferrero, FieldFresh Foods, Kellogg’s, and Del Monte amongst others.

Around 32 applications by Tata Starbucks alone were disapproved. They included those for products such as puddings, sauces, mixes, syrups, tea and coffee. This was probably the single biggest set of product approvals request that was rejected by FSSAI at one go, so far.

McCain's battered pepper and cheese bites, Venky's chicken Arabic-style kofta and crispy chicken burger patty, Kellogg's Special K-red berries, FieldFresh egg mayonnaise/salad dressing variants, natural vinegar and a proprietary hot sauce, and Ferrero Rocher's proprietary milky and cocoa spreads with cereals and milk chocolate also stand rejected, according to a notification by FSSAI. 

The notification says, “The List of Applications, which were received in FSSAI for Product Approvals, and where the proposals have been rejected on assessment of risk/ safety of the proposed products by the Product Approval & Screening Committee, and/or the Scientific Panel, this list is updated as on 30.04.2015. Communications in individual cases, containing reasons for rejection of the applications, have been sent to the applicant FBOs by post/ email.”

Meanwhile, allaying the fears of FBOs (food business operators), chief executive officer of FSSAI Y S Malik, in an open letter, urged FBOs to adhere to food safety standards and not to push their products in the name of Make in India. 

Malik wrote, “The System of “Product Approval” has been projected as a highly contentious issue vis-à-vis the Food Safety and Standards Authority of India so far. There are a number of reasons for the industry’s anguish in this behalf, of which the most pressing could perhaps be attributed to the pendency of applications and the time taken in disposal thereof. I do not wish to be drawn into the debate about the merits of Product Approval, especially qua the ‘Proprietary Food’ at this stage. Most of the FBOs, especially the aggrieved ones, appear to be swearing by Prime Minister’s “Make in India” initiative conveniently forgetting that it is also accompanied by the words “Zero Defect and Zero Effect.” 

Be that as it may, the extent of unilateral condemnation of a sector regulator by the people whom it is meant to regulate has been unprecedented for some time in the past. Reasons could be very large, which I may like to share sometime in future in an open house with the industry. Accepting the position or presence of a regulator in a hitherto largely unregulated environment is difficult. Based on what one has seen till now, I am sure that the day FSSAI is able to emerge as an effective enforcement agency, issues like ‘Product Approvals’ will become non-issues. We often find it convenient to make references to and draw parallels with USFDA or EU regulatory system, little realising that self-regulation is rather compelling in those economies, thanks to a very conscious and aware consumer base, coupled with an effective and responsive legal system. Conversely, the Indian consumer is much less aware and largely gullible, and we carry the constraints of our legal system. We often see the misleading claims and advertisements but one is yet to see any visible signs of self-regulation. 

“I have perused a large number of applications submitted for Product Approvals and shown a few of these to some of the aggrieved FBOs. The response has been hugely mixed – some of them conceded that they were not aware of the details required to be submitted for safety/risk assessment, others apportioned the blame to their staff who committed the ‘silly’ mistakes and still others said that they needed proper advisory support. The quality of applications for Product Approvals leaves a lot to be desired. We are making an effort through this note to share the details of the complete journey and status of Product Approvals. We have also prepared Explanatory Notes for each of the points included the prescribed format of the application, which are given in Annexure-3 to this note. The stakeholders may feel assured that if they exercise due diligence in filling up the applications with all the relevant details, it will take much less time for the FSSAI to take a decision on the same. As a regulator, the FSSAI is committed to support the ‘ease of doing business’ but without ignoring its mandate of ensuring safe food for the millions of this country. Please help us to help you.”