With Union health ministry getting ready for yet another review of Food Safety and Standards Regulations, 2011, the food industry is anxious about its outcome. The fear stems from the fact that as part of the review, the ministry has proposed new definitions for proprietary food and nutraceuticals. The industry rejects these proposals outright.
According to the industry, the apex food regulator Food Safety and Standards Authority of India (FSSAI), with every review, continues to push for enhancing its arbitrary powers and include words and provisions that would help it in arbitrary actions.The last review, details of which were made available a couple of months ago, looked at issues related to enforcement.
With regard to the latest review, in a statement, the recently-formed National Joint Action Committee (NJAC) of 12 different food and drug business organisations such as CAIT and IDMA, claimed that even after facing a serious setback with the order of the Supreme Court quashing the illegal procedure of 'Advisories,' for Product Approval, FSSAI did not realise the importance of transparent working and was trying to introduce certain measures in Rules and Regulations to give itself additional/arbitrary powers. It alleged that this was being done to manipulate the rules so as to extend their reach and command.
“It is also learnt that FSSAI is in the process of imposing ad hoc provisions by "rewording" the basic definitions of 'Food,' ‘Proprietary Food' and 'Nutraceuticals Foods' which are already well established under the FSS Act/Rules/Regulations and form the defining principles of the entire sector. It will be extremely risky, unjustified and unscientific to alter these fundamental definitions and create further chaos & instability in the sector already immensely damaged by the arbitrary working of FSSAI,” said the statement by NJAC.
NJAC further stated that recently ministry of health had issued some revised definitions on plain paper in this respect which were viewed by experts as a grave violation of principles of probity and transparency. This has come as a blow to the sector already suffering because of overarching practices of FSSAI.
According to NJAC, it would be well advised that FSSAI restrained itself from arbitrary and unscientific procedures and work transparently in participatory manner. Instead of trying to alter the basic definitions, it should conduct technical deliberations on the Regulations already drafted on 'Nutraceutical Foods' and 'Food Additives' and take these forward for their efficient implementation.
“Such arbitrary practice, non-transparent and posing restriction to trade is only reflecting vindictive intent of authorities and overruling directions of the apex court as well as illegal means of gaining power which are highly unconstitutional and an alarming state in our country,” deplored Sandeep Gupta, co-chairman, NJAC.
Meanwhile, Praveen Khandelwal, convener and chairman, NJAC, felt that the PM needed to urgently intervene before the authorities escalated the situation to such an extent that it aroused conflicts that led to litigations. “PMO and ministries should immediately arrest the situation which is creating shame and sham for India. It is absolute "Joke of India" not a mission of "Make in India" and such an Act may cause serious unrest amongst the trade, transporters who are closely supporting the National Joint Action Committee,” he observed.
The New Definitions
According to sources, the new definitions presented before the industry
1.Traditional Indian food means a food which has not been standardised and is prepared in accordance with the knowledge normally transmitted from one generation to another, conforms to the gastronomic heritage of the country, or local area, or region of the country, with little or no processing or manipulation through addition of preservatives or otherwise and retains the sensory property.
2. Proprietary food means a food which has not been standardised and includes traditional foods to which additives permitted under this Act or Regulations thereunder have been added with a view to preserve such food and provide it with a distinct aroma or flavour or taste and a shelf life but does not include any novel food, genetically modified food, irradiated food, foods for special dietary uses, functional foods, nutraceuticals and health supplements.
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