Union Food Processing Minister Harsimrat Kaur Badal has rightly drawn attention to the urgent improvements needed at the Food Safety and Standards Authority of India. Referring to how the regulator's actions against Nestlé India in May panicked other manufacturers who have since pulled off the shelves some of their own packaged food stocks, the Minister said that, “Fssai has created an environment of fear” and that “it needs to streamline its regulations”.
It is debatable if a toothless tiger like Fssai could have terrorised the industry but there’s no doubt that last month's crackdown on Maggi did create quite a stir. It also highlighted Fssai's crucial role in protecting public health (irrespective of how the specific case against Maggi plays out) and how woefully ill-prepared it remains to carry this huge responsibility. Fssai suffers from a host of problems, many of which are typical of state agencies, such as a chronic shortage of funds and bureaucratic lethargy.
It also does not have the infrastructure necessary to have an effective nation-wide presence. For example, while Fssai has only just four referral laboratories and 72 local laboratories, its American counterpart has 13 laboratories, 223 field offices and offices abroad including one in India. Lack of personnel is also a major drawback at Fssai. Reportedly, 60 per cent of food inspector posts and 70 per cent of food analyst posts at Fssai have been lying vacant for almost a year. The agency's skeletal staff is not trained properly or evaluated regularly.
At higher levels, there are many bureaucrats but not enough scientists. Yet, scientists are required at every level, from setting the standards, deciding sampling protocols to ensuring implementation. Then there is the question of the regulatory framework itself. The existing framework is a rudimentary one. Yes, it is being updated but it's still very much a work-in-progress. Meanwhile, food manufacturers are left confused about the latest rules and standards.
At the administrative level, there is not much clarity about if, how and when Fssai's approval should be sought. Products from reputed brands even have been launched without Fssai's permission. Manufacturers have also complained that the approvals process is not just opaque but also slow (meaning, huge revenue losses). Fssai also has only limited enforcement powers. For example, if it orders a total recall of a particular product, it has no way to ensure that every single tainted unit is in fact removed from the stores. That Fssai's organisational links with its State-level counterparts, which are equally if not more ill-equipped than the central body, are also weak, does not help matters either.
A large-scale institutional upgrade is needed. Only functional since 2011, Fssai is a young agency. Its establishment, under the Food Safety and Standards Act, 2006, in itself was big step towards protecting public health. Up until then, a variety of rules and regulatory bodies determined quality and health standards in different sectors. Fssai helped consolidate matters. Also, in recent years, Fssai has taken some steps to improve its situation. It now charges a fee for product approval and is collecting data on the different kinds of foods in the Indian market. These are promising steps but a lot more needs to be done.
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