The shocking disclosure - ironically coming at a time when the nation is celebrating National Nutrition Week from September 1 to 7 -- was made by the health department of GHMC in response to an RTI query.
When asked how many licences of FBOs it had cancelled in the city during the said period for violating provisions of Food Safety and Standards (FSS) Act, 2006, the department admitted in the RTI reply (a copy of which is available with TOI) saying no licence was cancelled under the FSS Act.
"This admission is proof enough that the entire food safety wing is least bothered about the quality of food served by hundreds of hotels, restaurants and fast food chains to thousands of people every day. That not a single licence was cancelled also makes it a strong possibility that it is be an intentional act as the enforcement officials may likely to have some kind of nexus with food safety violators," reasoned Bakka Judson, the RTI activist who filed the application.
In fact, what further deepens the mystery over GHMC's lax attitude over implementation of food safety laws is the fact that they claimed to have collected 226 food samples during the one year period, the food safety wing mentioned in the RTI reply.
The zonal wise break-up of food samples they collected for testing during June 2, 2014 to July 31, 2015 includes 58 from East Zone, 51 from Central Zone, 48 North Zone, 40 West Zone and 29 from South Zone.
What's more, the GHMC's food safety wing claimed that 92 cases pertaining to violations under FSS Act were under trial stage before courts of law but legal experts opined that given the working style of functioning of the department, the chances of getting convictions for the violators in these cases is almost negligible.
"The punitive provisions of FSS Act, 2006 is very clear. Not just levying fines on the defaulters, the authorities can get the food safety violators imprisoned too besides cancelling their business licences," said C Damodar Reddy, high court advocate.
In particular, Damodar Reddy referred to the emergency powers entrusted to the designated food safety officers under section 34 of FSS Act. "Under this section, the food safety officers can bypass the need to approach courts of law to prosecute the defauters if a clear case is made out showing that health risk condition exists with respect to any food business," he added.
Interestingly, it is another story that the civic body is represented by five standing counsels (one for each zone) and 18 standing counsels (one each representing one circle) at high court and lower courts respectively.
"We do not have exact information on what food safety violation cases are pending at what stage and at which courts as they are handled by respective health and sanitation wing. We merely pass on the court summons and notices," said Laxmi Prasanna, superintendent, legal cell, GHMC.
Though attempts to speak to N Ravi Kiran, additional commissioner (health and sanitation), GHMC, for his comments failed, a food safety officer speaking to TOI on condition of anonymity, said: "Our hands are tied as we have to take clearance before conducting any raids. Recently, I was pulled up for collecting food samples for testing from a multi-national fast food chain."
Quote:
This admission is proof enough that the entire food safety wing is least bothered about the quality of food served by hundreds of hotels, restaurants and fast food chains to thousands of people every day. That not a single licence was cancelled also makes it a strong possibility that it is be an intentional act as the enforcement officials may likely to have some kind of nexus with food safety violators
Bakka Judson, RTI activist
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