Aug 27, 2015

No role of FSSAI in product approval and recall raises troubling questions

If food products can in reality be launched in the market without any checks and balances, would the regulator be able to recall any item if found to be contaminated or adulterated or with misleading labeling?
Food Safety and Standards Authority of India (FSSAI) has formally stated that it will not be possible to continue with the process of product approvals, citing a Supreme Court order of August 19. But, does that mean food products can now be freely launched in the market without going through any regulatory process, or does it imply that there would be no launches till further orders?
These questions assume significance in the backdrop of the Maggi noodles recall order by FSSAI in June and the subsequent observations by courts. Bombay High Court had earlier this month asked Nestle India to get its instant noodles tested in three accredited labs, giving the company a fresh lease of life.
When asked to interpret the FSSAI notification issued last evening, a senior official at the central food regulatory office told Business Standard on Thursday morning that ‘’companies understand the law very well, in fact better than us.’’ Refusing to explain the essence of the FSSAI notification, the official added that the battery of lawyers that food companies have can interpret the law for them. “Í don’t want to interpret the law.’’
Meanwhile, most food companies and experts believe that with FSSAI getting removed from the process of product approval, market launches can now happen seamlessly and quickly.
If food products can in reality be launched in the market without any checks and balances, would the regulator be able to recall any item if found to be contaminated or adulterated or with misleading labeling? To that, the FSSAI official said, ‘’recall is the obligation of the companies concerned’’. In June, FSSAI ordered pan-India recall of Maggi noodles as samples were allegedly found to contain monosodium glutamate (MSG) and excessive levels of lead.
So, if FSSAI would not have anything to do with product approvals or recall, what would the regulator’s role be like from now on? “We will act according to the law, whatever the notifications permit us to do,’’ the official said. As for moving Supreme Court against the Bombay High Court verdict on Nestle India, the FSSAI official said, ‘’there’s no decision yet.’’
The Wednesday night notification by FSSAI said ‘’it is no longer possible for FSSAI to continue with the process of product approvals, which was facilitated through the advisory dated 11 May 2013, in view of the order dated 19 August 2015 of the Supreme Court, whereby the judgement and the order dated 1 August of the Bombay High Court has gained finality and the said advisory has ceased to remain operative.’’
Food companies have been upset with the regulator for delayed approvals and the vetting process that they had to go through before launching anything new in the market. The industry concerns had peaked after the Maggi noodles recall.

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