The country's apex food regulator, Food Safety & Standards Authority of India (FSSAI), on Thursday said it did not act in haste when passing the ban and recall order pertaining toMaggi on June 5.
Arguing the matter at the high court here, Maharashtra's advocate general Anil Singh, who is representing FSSAI, said Nestle India had begun withdrawing Maggi on June 4 in anticipation of a recall order by the regulator. "There was no need for the FSSAI to showcause Nestle as far as the recall order went since the Food Safety & Standards Act, 2006, empowers the chief executive of FSSAI to act as food safety commissioner in the event a food product shows high presence of a heavy metal. In this case, it was lead. We showcaused Nestle India pertaining to product approval of Maggi asking them why we should grant them approval to manufacture and sell the product when it contained high levels of lead. They could have satisfied us on the matter. They, however, chose to go to court," Singh said.
Singh also said that Nestle's contention that it was only Section 34 of the Food Safety & Standards Act, 2006, that empowered the regulator to issue emergency prohibition orders was incorrect.
"Sections 16(1) gives the FSSAI the power to regulate and monitor the manufacture, processing and distribution of a food business operator to ensure that food produced by it was safe and wholesome. Section 29 also empowers FSSAI and state food authority to enforce the Act, which involves monitoring and verifying that relevant requirements of the law are fulfilled by the food business operator," Singh said, adding that the role of FSSAI was to be proactive when ensuring that food was safe and wholesome.
Singh also said that the regulator's actions were fully justified in the wake of the test results from various states showing that lead was beyond the permissible limit.
"If FSSAI has granted approval to a product from a food business operator, it has the right to withdraw it as well in the event it sees the food business operator committing violations. In this case, there were violations, which prompted action," he said.
The AG also came down heavily on Nestle pertaining to its 'No added MSG' label, asking what was the need to confuse consumers with this label.
"Buyers of Maggi would be under the impression there is no MSG, when the company is actually saying that it does not add MSG. There is a difference between the two and Nestle has admitted MSG can be found naturally in the product. This label was intended to gain commercial advantage," Singh said, adding that Nestle had decided to correct this after it was brought to its attention by the regulator.
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