Bombay High Court allows Nestle India to export Maggi noodles

In a relief to Nestle India, the Bombay High Court on Tuesday allowed the company to export Maggi noodles.However, the ban on sales within the country remains.

The Bombay High Court on Tuesday allowed Nestle India to export Magginoodles after Food Safety and Standards Authority of India (FSSAI) said it had no objection to the company selling the product abroad though it stood by its decision to ban nine variants of the food snack in the country for being hazardous to public health.

"Why blame us...If the company claims that its product is safe and follows the safety standards then let them export it instead of destroying," FSSAI counsel Mahmood Pracha argued before a bench of Justices V M Kanade and B P Colabawala.

The court was hearing a petition filed by Nestle India challenging the impugned order of June 5 passed by FSSAI banning nine variants of the popular instant food snack. It had also questioned a similar order by the Maharashtra government prohibiting the sale of the same products on the ground that they were unsafe and harmful for the health of people.

As the suggestion came from FSSAI that it had no objection to the company exporting Maggi to other countries, the high court gave liberty to Nestle India for selling the products outside India if it wanted to, and subject to compliance of rules and health and food safety standards.

Nestle's counsel Iqbal Chhagla said by the end of the month, the company would destroy 17,000 crore packets of Maggi. Of these, 11,000 crore packets are being recalled from the market, he said.

The Maharashtra government submitted that Darius Khambata would appear on its behalf and sought a short adjournment, following which the bench posted the matter to July 14.

Advocate Sumedha Rao intervened in the matter, saying that Nestle India should come out with adequate funding to provide protection to consumers. However, the court did not allow her plea, saying that she can file a separate petition instead of intervening in Nestle's petition.

Meanwhile, FSSAI and other respondents filed affidavits to oppose Nestle's petition seeking relief from the ban of Maggi products.

The HC had earlier refused to grant relief to Nestle by rejecting its plea for stay of the impugned orders of the food regulator banning nine variants of Maggi noodles.

The court was of the view that Maggi products had already been withdrawn by the company from the shops and hence, there was no need to grant a stay on the ban.

On June 5, the FSSAI and its CEO passed an order, asking the company to withdraw and recall all its nine variants of Maggi from the market as they were unsafe and hazardous for human consumption. The impugned orders also asked the company to stop production, processing, import, distribution and sale of their products with immediate effect.

Meanwhile, following the Maggi controversy, Indo Nissin on Monday announced withdrawal of its instant noodles brand 'Top Ramen' from the Indian market on orders from central food safety regulator FSSAI.

HUL also recalled its Chinese range of 'Knorr' instant noodles from the market pending product approval from FSSAI.

Further, global cafe chain Starbucks had to stop use of ingredients not approved by the regulator in certain products served at its India outlets.

Bombay High Court allows Nestle India to export Maggi

Nestle India counsel informed the Bombay High Court that the company has recalled nearly 11,000 crore packets of Maggi and destroyed 1,700 crore packets after the ban was imposed.

In a big relief for troubled Nestle India, the Bombay High Court on Tuesday allowed the company to export Maggi noodles. The company had approached the court after the government banned Maggi instant noodles following reports of presence of harmful substances such as lead and monosodium glutamate (MSG).

Nestle India counsel informed the Bombay High Court that the company has recalled nearly 11,000 crore packets of Maggi and destroyed 1,700 crore packets after the ban was imposed.

During the hearing, government lawyer questioned why the multi-national company was destroying the product when it consider it is safe to export, the court said Nestle India had the liberty to export Maggi noodles.

The company had moved the high court challenging the ban imposed by a June 5 order by Food Safety and Standards Authority of India (FSSAI) banning nine variants of the popular instant snack.

It had also questioned a similar order by the Maharashtra government prohibiting the sale of the same products on the ground they were unsafe and harmful to the health of people.

The high court bench hearing case had said the authorities were entitled to prosecute the company in case of procedural lapses and if they were not satisfied with the reply of Nestle to the food authorities.

The impugned orders also asked the company to stop production, processing, import, distribution and sale of their products with immediate effect, said Nestle. Nestle also sought setting aside the order of Maharashtra Commissioner of Food Safety, banning the production and sale of 'Maggi' products in the state.

The company said the impugned orders do not comply with the mandatory provisions of section 34 of Food Safety and Standards Authority Act which deals with Emergency prohibition notices and orders. It said the orders were passed without any authority and without following due process of law.

Bombay HC allows Maggi exports, keeps domestic curbs

The company also said the orders were illegal, arbitrary and violative of the principles of Natural Justice as well as the Constitution of India.

In a partial relief for Swiss fastfood giant Nestle, the Bombay High Court on Tuesday allowed the company to export all varieties of its popular two-minute Maggi noodles from India, though restrictions on domestic marketing would continue.

The order came after the Food Safety and Standards Authority of India (FSSAI), which ordered the ban since June 5, said it has no objections to the company exporting the products instead of destroying them.

A division bench of Justice V.M. Kanade and Justice B.P. Colabawala scheduled the matter for further hearing on July 14.

Maggi products, including the two-minute noodles, were banned by the FSSAI earlier this month after several samples were found to contain lead and MSG beyond permissible limits.

Shortly afterward, Nestle India challenged the ban on the grounds that it was "unauthorised, arbitrary, unconstitutional" as it violated the right to equality and trade, and was violative of principles of natural justice since the company was not given a proper hearing.

The company also questioned a similar order passed by the Maharashtra Food and Drugs Authority, banning it in the state on the grounds of being unsafe and harmful to the people.

Nestle's counsel Iqbal Chagla informed the court that by end of this month, the company would destroy 17,000 crore packets of Maggi, of which 11,000 crore were recalled from the markets.

Earlier this month, the high court declined to grant any relief to the company and rejected Nestle's plea to suspend the ban orders on nine of its product variants.

The FSSAI has justified the ban on Maggi products and termed as "incorrect" the company's claims that it adhered to "strict food safety and quality control at all Maggi factories".

Questioning the company's claims in its detailed 60-page affidavit, the FSSAI said the present situation "has arisen only because the company has failed to adhere to its own declared policy and principles".

FSSAI to intensify action against companies selling unapproved items

The FSSAI had banned Nestle's Maggi noodles, calling them 'unsafe and hazardous' for human consumption after finding presence of lead and taste enhancer monosodium glutamete (MSG) beyond permission levels.

Food safety regulator FSSAI will intensify crackdown on firms selling food productswithout its approval, following up on the Maggi controversy.

The Food Safety and Standards Authority of India (FSSAI) is awaiting reports from various state food safety commissioners who have been instructed to carry out tests on various products earlier this month to take further action.

"There are unauthorised food products being sold in the market. We have increased our surveillance. State food safety commissioners have been asked to put a check on manufacturers putting FSSAI and BIS marks even without getting product approval," a senior FSSAI official told PTI.

Noting that the industry should follow self-regulation, the official said, "Some companies are recalling unauthorised products on their own. If they don't, we will take strict action. The state food safety officers have powers to confiscate and destroy such products."

The FSSAI had banned Nestle's Maggi noodles, calling them 'unsafe and hazardous' for human consumption after finding presence of lead and taste enhancer monosodium glutamete (MSG) beyond permission levels.

Nestle India had destroyed Maggi noodles worth Rs 320 crore after the withdrawal.

As the food safety regulator cracked the whip on companies selling products without its approval, Hindustan Unilever withdrew Knorr Chinese noodles from the market.

Similarly, Indo Nissin yesterday said it is withdrawing its Top Ramen noodles.

Likewise, global cafe chain Starbucks had to stop use of ingredients not approved by the regulator in certain products served at its outlets in India.

The official said after the Maggi fiasco, state officials have inspected various markets and have found some companies selling noodle products without FSSAI approval.

When asked if FSSAI would take action on other noodles brands for non-compliance of norms, the official said, "We have asked state food safety officers to submit the report of sample test of other noodle brands in a week. We will assess the data and take a call accordingly."

Earlier this month, the regulator ordered testing of noodles, pastas and macaroni brands such as Top Ramen, Foodles and Wai Wai sold and manufactured by seven companies to check compliance of norms.

These include Nestle India, ITC, Indo Nissin Food Ltd, GSK Consumer Healthcare, CG Foods India, Ruchi International and AA Nutrition Ltd.

Nestle Maggi row: Food industry bodies seek clearer norms

MUMBAI: Food industry bodies have met the regulators as well as government officials in the wake of the increased scrutiny following the row over Swiss firm Nestle's Maggi noodles, seeking clarity on the norms that they said change frequently and are open to various interpretations. 

According to the industry executives, food companies are often in a fix about adhering to the classification system and procurement norms. For instance, an executive said, although food companies source raw materials from farmers under the Agricultural Produce Marketing Committee (APMC) Act, if raw products are contaminated due to excessive use of chemicals or fertilizers it is not clear whether farmers or companies are to be blamed. 

Amit Dhanuka, president of All India Food Processors' Association (AIFPA), said the body recently met the food regulator Food Safety and Standards Authority of India or FSSAI as well as the ministry of food processing industries to convey the need for establishing sophisticated food testing laboratories in many states. AIFPA's members include Coca-Colaand Britannia Industries, among other companies. 

"Also, we feel that if a product fails during initial testing, the company needs to be given a fair chance of representation before any coercive action by the government," said Dhanuka. Protein Foods and Nutrition Development Association of India (PFNDAI) also made a representation to the government for modernisation of testing labs. PFNDAI's members include Marico, ITC, Cargill India, Hindustan Unilever and Nestle India. 

"We would be delighted to work with the government and FSSAI in ensuring food safety, taking into account the interest of all stakeholders," said Mohan Vegulaparanan, chairman of regulatory affairs committee of PFNDAI. Experts said that the recent ban on Maggi noodles due to excessive lead content will have a domino effect on the entire food industry. 

"This episode has gained international attention and is likely to have potential foreign investors reconsider realities of the India story, at least in the processed food space," said Srishti Ojha, founder of Verist Law.

How labs find out whether your food is safe

As Maggi disappears from shop shelves in India, Mint visits a food-testing laboratory in New Delhi to find out the science behind bans

Nestle employees at work the Quality Assurance Center Lab at Moga in Punjab. 

Shop shelves in India have been emptied of one of the nation’s most popular easy-to-make meals—Maggi noodles—after samples were found to have more than the permissible level of lead and added monosodium glutamate. The testing is a mix of high-school chemistry and high-end instrumentation and requires a scrupulous adherence to standard procedures.

Food is tested for safety in laboratories accredited to the National Accreditation Board for Testing and Calibration Laboratories (NABL), an autonomous body under the department of science and technology. NABL lays down the standard procedures for detecting all kinds of adulterants and impurities for up to 17,000 kind of foods.

There are 12 referral labs and 72 state labs run by the government, and 65 private labs which are NABL-accredited and notified by the Food Safety and Standards Authority of India (FSSAI).

To be sure, government labs have been criticized for being ill-equipped and not filling vacant scientist positions by experts as well as government officials. In 2012, a former Central Food Laboratory director Satya Prakash wrote to the then health minister Ghulam Nabi Azad pointing out that six of the government’s referral labs were not equipped to carry out basic food tests on fruits and vegetables, carbonated drinks and milk and milk products.

Mint visited a private NABL-accredited food-testing laboratory in New Delhi to find out the science behind the bans.

Sample: These labs usually use 2-5g of a food sample to test for heavy metals.

Avoiding contamination: At all stages, extra care is taken to make sure the testing environment is free of contaminants. All flasks are rinsed and washed with normal water and detergents and then with distilled water. Extra care is also taken while preparing test solutions.

Working solutions: The samples are diluted according to FSSAI specifications to avoid any interference that could lead to incorrect results. Specified reagents or chemicals which are needed for the analysis by the instruments are kept prepared by labs.

• Cleaning up organic content: After getting rid of the moisture, all organic material has to be destroyed in the tested food. So the sample is put in a special round-necked flask and concentrated nitric and hydrochloric acid is added.

• Acids do their work: The acids get rid of all the organic substances which burn up and are left as ashes. The ones that remain are heavy metals and inorganic substances. Contaminants like pesticides, if present in the sample, are reduced to only their heavy metal components.

• Continuous measurements: Weight and volume is measured at different points in time, especially before and after testing. This determines the weight of different contents in the food sample.

• Spectrometry: Lead determination in foods generally requires a graphite furnace. This is where an instrument called the atomic absorption spectrophotometer (AAS) comes in. This instrument, used in most NABL-accredited labs, works on the principle that free atoms will absorb light at frequencies or wavelengths that are identified with specific elements. By observing these frequencies, one can ascertain the presence of the elements in question, for instance, lead. However, Nestle, for the purpose of testing heavy metals, uses a method called Inductively Coupled Plasma Mass Spectrometry. Traces of lead in food can be detected by any of these instruments.

• Small samples: An AAS instrument combines flame, furnace and vapour techniques to analyse food samples of a large number of toxic trace elements across a wide analytical range, from parts per million to subparts per billion. The furnace is also able to carry out analyses with a very small sample volume, as little as a few microlitres.

'Staff Crunch Not To Affect Crackdown'

COIMBATORE: Activists have welcomed the Food Safety and Standards Authority of India’s initiative on regulating fat, sugar and salt content in food, but they feel that implementation of such regulations would be difficult, given its limited manpower.

The FSSAI has constituted an expert group to advise it on the health risks associated with high consumption of fat, sugar and salt, their current consumption by Indians and their levels in Indian food products in the market.

The adverse effects caused by food high in fat, sugar, salt, commonly referred to as ‘junk food’, on the health of consumers has been a matter of serious concern, FSSAI said in its order constituting the committee.

R Kathiravan, FSSAI Designated Officer in Coimbatore, said the shortage of personnel would not be a problem in carrying out the required checks. “We have adequate manpower to perform these duties. If we get relevant orders from the authorities to test fat, sugar and salt content in food items, we will be able to do it,” he told Express.

In Coimbatore district, only 26 out of the 31 posts of Food Safety Officers have filled. Five posts are vacant.

The major constraint in implementing the Food Safety and Standards Act, 2006, is the lack of adequate laboratory facilities to test the samples collected, said V Raveendran, said a Food Safety Officer in Coimbatore.

A roadside fast food stall in Coimbatore; (right) salt packets for sale in a shop 

“There are now only six laboratories in Tamil Nadu which are approved by the government for food tests. Only tests done in these labs are legally valid. In the laboratory in Coimbatore, samples from Coimbatore, Nilgiris, Erode and Tirupur are tested. Samples from Dharmapuri and Krishnagiri are tested in a Salem lab. Because of the limited number of recognised labs, we have a backlog of food samples taken for testing,” he added.

“We routinely collect food samples and test them for violation of the Food Safety Act. We also collect samples based on complaints. In the case of cooked food, samples are collected only if there are complaints,” he said.

The Food Safety and Standards Act should be strengthened, said Coimbatore Consumer Cause secretary K Kathirmathiyon.

“FSSAI should collect more samples regularly and test them. The results of these tests should be published on its website and not kept a secret. Only then will manufacturers and traders fear losing customers and consumers themselves gain confidence,” he said.

Also, FSSAI officials should be able to function without interference and must not misuse their power, he added.

HC slams govt on food safety

Ranchi, June 29: Jharkhand High Court today pulled up the state government for not appointing adequate number of health officers to check milk adulteration and directed chief secretary Rajiv Gauba to file an affidavit explaining why.

A division bench of Justice D. N. Patel and Justice Ratnaker Bhengra, hearing a PIL initiated suo motu based on news reports of milk adulteration, wondered whether the government required "special chashma, kiyon ki janta ka dukh nahin dikhai deta (special glasses to see the suffering of the people)".

The judges said there were more than 10,000 milk booths in the state and there weren't enough officers to collect samples of milk for testing - only three food safety officers were working in the health department to cater to a population of 3.5 crore.

Food safety officers are appointed as per provisions of the Prevention of Food Adulteration Act. Health department joint secretary R.K. Dubey, who was present in the court, said of the eight posts of food safety officers, only three had been filled.

He explained that the health department had sanctioned 188 posts of food safety officers and that these would be filled soon.

Dubey said that from September 2013 till date, 2,858 cases for adulteration in milk had been registered and as many as 25 persons convicted.

The court directed the state government to consult with other states and adopt a pattern to check food adulteration. It directed the chief secretary to file a status report on the government's initiatives to check adulteration in milk and appoint food safety officers.

The high court had in January 2012 taken cognisance of several news reports which confirmed adulteration in milk.

-OVERMATTER-

The reports said that the Food Safety and Standards Authority of India (FSSAI) had conducted surveys in Jharkhand and that milk samples tested in a Calcutta lab had been found to contain impurities.

How to keep your kids away from Maggi and other noodles

Buy plain raw noodles and cook, adding vegetables to make the dish healthy. Momos or burgers can be also made at home by replacing maida with rice flour. 

Now that Maggi and other brands are under a cloud, how do you handle your child if he/she hankers for noodles? Experts have the perfect solution for you! Go for the generic varieties or make alternatives more interesting.

It's difficult to stop children from eating their favourite noodles or fast food, so put in extra effort, suggests Aarchie Bhatnagar, dietician at BLK Super Speciality Hospital, Delhi.

"Mothers can buy plain raw noodles and cook, adding vegetables to make the dish healthy. Momos or burgers can be also made at home by replacing maida with rice flour," says Bhatnagar.

But what about pesticides, contaminants and germs in raw food bought locally. From the farm to the table, our food passes through different processes and different hands.

Experts advise that vegetables and fruits should be washed well. Peeling fruits will cut down surface pesticide content. The water-soluble compound potassium permanganate may also come to your aid.

"Mix enough of the permanganate in water to give it a light pink colour. Soak fruits and vegetables and rinse them well. This will effectively remove pesticides, bacteria and other pests," advises Kanika Malhotra, senior clinical nutritionist from HealthCare at Home (India), a global venture offering home health care services.

Too much of the permanganate, though, can be harmful so ensure that the water colour is light pink and not dark, she adds.

Sonia Bajaj, nutritionist and fitness expert advises that suma tablets (chlorine-based sanitising tablets) may be used to clean or sanitise vegetables and salads. Even vinegar can help, she adds.

Another option for healthy food at home is to look for a good ultrasonic food washer. This washer uses the principle of ultrasonic and reactive oxygen to remove most of agricultural chemicals from fruits and vegetables.

It also removes fungicides, pesticides and contaminants and has been found to be quite effective, says Ritika Samaddar, head (dietetics) at Max Super Speciality Hospital in Delhi. "The cost, however, is an issue and cannot be a solution for the masses," explains Samaddar. The price of a washer starts at around Rs 7,000.

But should vegetables and other food items be bought only from reputed grocery stores? According to Bhatnagar, one should only buy food items from reputed stores as they have certain basic hygienic standards in place. "This will ensure certain purity but adulteration-free food cannot be guaranteed," she maintains.

For Samaddar, "Buying even from a local vender is fine provided the fruits or vegetables are washed properly before consumption".

Organic food is another choice. An organic product is considered truly organic when it is duly certified and contains 95% or more organic ingredients.

"Organic foods will mostly be without pesticides and more nutritious per serving. But these are more expensive, hence not an option for the public, Samaddar says. She advises that one should look for certification, wherever possible, from Food Safety and Standards Authority of India or ISO.

What are the other ways to ensure that healthy food items reach our table? Read food labels carefully and do not get fooled by gimmicks.

"Check how much fat or sugar is there in the food. Just saying 'contains oats' and actually 'containing 4% per 100 gms' is not justified," Malhotra points out. As a rule, the more processed the food is, the more toxic it is likely to be.

But what about the children's craving for junk food. Samaddar says junk food can also be made healthy by incorporating some simple changes at home.

"Use a wheat crust for your pizza and top it up with lots of crunchy veggies. Have a whole wheat bun and add lettuce with your patty to make it more healthy," she says.

Malhotra suggests that parents can ensure that kids eat healthy at home. Start the day with fruit and a handful of nuts. For breakfast, pack upma, poha, stuffed veggies, chapati roll or sandwich. Keep lunch simple with a roti or rice, sabzi and dal.

In the evenings, give them a glass of milk and another fruit.

"Make dinner interesting with a bowl of soup, stuffed rolls with chopped tomatoes and pav bhaji minus butter, with whole wheat bread/barbecued or tandoori chicken/paneer with a bowl of soup and salad," says Malhotra.

Once the kid is full, he or she will not look for junk food. Hopefully.

Food authority justifies ban on Maggi in court

MUMBAI: Food Safety and Standards Authority of India (FSSAI) on Saturday justified its June 5 ban on Nestle India's 2-minute Maggi noodles in a strongly-worded, 60-page affidavit that questioned the company's safety claims. 

The FSSAI filed its reply in the Bombay high court to Nestle India's challenge to the ban. The authority said the "present situation has arisen only because the petitioner company has visibly failed to adhere to its own declared policy and principles." 

The FSSAI said barring the fact that the company has been manufacturing and selling Maggi for the last 30 years, its other claims of having in place "strict food safety and quality control at all Maggi factories..." is "incorrect". 

The authority then added, "If for the sake of argument it is presumed that all the safety claims regarding its manufacturing activities and processes are true, then the widespread presence of lead, a known poison, in its products can only be presumed to be intentional. It is impossible that such high levels of lead can escape the scrutiny of a reasonably well-equipped laboratory," the authority said. 

The high court bench, headed by Justice V M Kanade, will on June 30 again hear Nestle's challenge to the ban which it had not stayed at the first hearing on June 12. 

Nestle had challenged orders of the FSSAI and the Maharashtra Commissioner of Food Safety instantly banning sale of Maggi instant noodles after tests by the government laboratories on samples taken across cities showed lead content beyond the permissible limit of 2.5 part per million (ppm) in India's popular snack. 

The company had said its own tests found the noodles safe to eat, but had assured the HC that it would withdraw the packets from store racks in compliance with the order. Nestle said the ban was "unauthorised, arbitrary, unconstitutional for violating right to equality and trade" and had violated principles of natural justice since it was not allowed a proper hearing. 

The FSSAI denied all these contentions and said the company was given a hearing and that the showcause notice was issued only for Nestle to show why its products, which are non-standardised and require government approvals in law, ought to be approved for the future. 

"The fact that the petitioners have refrained from filing a chart summary test reports and results conducted on Maggi since October 2014 can only create suspicion," said FSSAI.The FSSAI CEO passed the order against Maggi in larger public interest of consumers and the duty cast by law "to ensure wholesomeness of food in India.'' It also said that the state ban was passed "independent of the FSSAI order'' after "full application of mind''. 

The authority said that since Nestle India had agreed to remove the "no added MSG'' label, "raising this issue again in court only goes to show that it does not intend to stick to its stand'' 

The FSSAI said the Food Safety Standards Act of 2006 give it ample power to act against a food product found unsafe after tests across the country gave "overwhelming evidence of product being unsafe.'' While Delhi, Tamil Nadu and other stated returned with samples testing positive for more lead, the fact that some samples were found as compliant only goes to show the credibility of the labs functioning in a neutral and appropriate manner, said FSSAI. 

The FSSAI, affidavit which gave a para wise reply to all of Nestle's 84-para petition, said that Nestle's claim of its private lab tests proving safety of maggi, can be legally challenged only through a suit and not in a writ petition, in any case.

Top Ramen follows Maggi off the shelves

NEW DELHI: The noodle industry in India has found itself tied up in knots again after the central food safety regulator FSSAI on Monday ordered Japanese noodle maker Indo Nissin to withdraw its Top Ramen brand of instant noodles from the market.

This comes at a time when the Indian food industry has hit the panic button with large multinationals having to withdraw popular products from the shelves due to food-safety and regulatory issues. 

Earlier this month, Swiss food giant Nestle had recalled around 30,000 tonnes of its instant noodles brand Maggi due to excess lead content and mislabelling of monosodium glutamate (MSG) content on its packs. Subsequently, Hindustan Unilever (HUL) withdrew and stopped production of its Chinese range of Knorr instant noodles because of pending product approval with FSSAI. American cafe chain Starbucks stopped using certain ingredients in its products not approved by the regulator.

Indo Nissin's product approval for Top Ramen is pending with FSSAI, according to Gautam Sharma, MD, Indo Nissin Foods, the Indian arm of Japan's instant noodle maker Nissin Foods Holding. "On 8th June FSSAI had come out with the advisory on product safety testing of all instant noodle products in India. At that time, we had sought clarification from FSSAI since Top Ramen's product approval is pending with the regulator. They have requested us to withdraw the product until they give the product approval. We hope to get the approval soon from FSSAI and be back in the market" he said.

Sharma said while many Top Ramen samples have been tested by various state FDAs across the country, only in two cases - slightly higher lead level has been found in the tastemaker. "We are meeting the state FDAs and sharing our test results with them as well as seeking a re-test," he said. 

The company had applied for product approval in 2013, according to people familiar with the matter. "Ideally, it should take FSSAI a few weeks to give its approval. Two years is a really long time. I wonder what took them so long. There are around 3,000 product approvals pending with them at present. And nobody in the food industry wants to question them now. Everybody is scared," said a senior executive of a large FMCG company. 

However, consumers seem to be bearing most of the brunt. After hearing about the Top Ramen recall, an executive with a Gurgaon-based MNC said, "Not again! What are we supposed to eat then?" 

1.5 lakh students in Kota colleges served unhealthy food: Food and Safety Cell

According to Food and Safety Cell of the district, the food served in the 228 registered messes and food centres in Kota, was found to be of poor quality, low in quantity and cooked in unhygienic condition.

Over 1.5 lakh students taking coaching classes at various centres in Kota, known for its numerous engineering and medical entrance exam coaching institutes, are served non-nutritious food cooked in unhygienic conditions in the canteens.

According to Food and Safety Cell of the district, the food served in the 228 registered messes and food centres in Kota, was found to be of poor quality, low in quantity and cooked in unhygienic condition.

The food centres with a turnover of more than Rs 12 lakh per annum, charge Rs 1,800 to Rs 2,200 per month for two meals a day, Dr R N Yadav, Chief Medical and Health officer (CMHO), Kota said.

The official stated that his department's inability to carry out proper inspection at these food joints at regular intervals can be one of the reasons behind the poor food standard.

"We lack staff to constitute inspections teams. The department, however, would initiate a special drive in July to inspect these messes and food centres," he said.

Govind Sahay Gujjar, Food Inspector of Food Safety Cell, said that while granting licenses or registrations, the proprietors were asked to provide quality food, prepared in hygienic conditions, but no inspection was carried out after that.

As routine inspections, cooking conditions and quality of food is checked and not the menu, he said.

The students studying at these entrance centres could not agree less with the findings.

Lucky Sarasawat, who hails from Uttar Pradesh said that a meal contains four chapattis (small and thin), a small bowl of dal, seasonal vegetables and some rice.

"In the name of special diet we are served noodles, oily snacks and other fast food twice a week," he said.

According to the department's report, fast food was found to be sold in open and in unhygienic conditions in Mahavirnagar, Rajiv Gandhi Nagar, Talwandi, Dadabari and Keshavpura, areas having renowned coaching institutes.

The mess owners, however, claim that they serve quality food.

"We make the best efforts to make students feel that they are having home-made food," they said.

Meanwhile, a considerable number of food centres and messes in the area populated by students in the district, were found without registrations or licenses, the findings added.

FSSAI asks states to step up surveillance for safety of oil, milk, water

New Delhi

Y S Malik, CEO, FSSAI, has stressed upon safety of commodities such as oil, milk and water, and called upon states and Union territories to step up surveillance activities in this regard.

According to the minutes of the 13th CAC (Central Advisory Committee) meeting, held in January released by FSSAI recently, the CEO shared the details of discussions held by Standing Committee of Parliament for Consumer Affairs and its serious concerns about wide-spread incidence of milk adulteration and steps required to effectively address the menace.

He added that milk, water and edible oils were three ‘big ticket items’ which were consumed by almost all sections of consumers and the need for increased surveillance of the safety of these items across all states-UTs in the country.

It was observed that special attention should be given to foods which were consumed in large quantities by large segments of the population and those who were at greater risk through sub-standard or adulterated food.

Also raised in the meeting was the issue of infrastructure, which the authority wanted to be improved for better implementation of FSS Act. The authority urged the states to improve infrastructure, so that the Act could be implemented in its true spirit. Also suggestions were made for establishment of an inter-state co-operation mechanism to sort out many differences.

It was informed that the revised agenda for funds would be forwarded to Cabinet Committee on Economic Affairs, and that efforts will be made to ensure that there will be a budget provision of Rs 900 crore for a period of three years. In this scheme, states- UTs would have a 25% sharing and for special category states, this sharing would be 10% from the states.

With respect to a query from West Bengal, on the need for handholding for laboratory upgrade, CEO FSSAI informed that states would have the complete flexibility for upgrading and establishing laboratory infrastructure. He agreed to share various business models and any other related literature in this behalf with the respective states, leaving it to the states to opt for any model. As regards handholding, the CEO advised that the respective states may like to consult expert resources in NABL-accredited laboratories recognised by FSSAI, whose details were posted on the FSSAI website and the states were free to take their support in their initiatives.

Officials present also raised issue of availability of healthy food for children under the mid-day meal scheme. FSSAI appreciated the initiative and requested all states-UTs to give special preference to safety of food served under the mid-day meal scheme. CEO, FSSAI, appreciated the work done in states of Kerala and Goa for the mid-day meal scheme. While discussing the said agenda, it was suggested that a special category of mid-day meal caterers may be incorporated in the online FLRS system.

Enforcement of FSS Act, 2006The CEO has suggested that in case of appellate tribunals, if the availability of a serving judge was becoming difficult, the states-UTs may consider utilising the services of retired judicial officers of the rank of district & sessions judges so that the adjudication process could progress without any hindrance.

Further, according to the minutes of the CAC meeting, the CEO suggested that in order to review the various issues related to licensing and registration including FLRS, a committee may be constituted with FSCs of Goa, Delhi, Gujarat and Tamil Nadu as its members. The suggestion was agreed and approved.

The CEO pointed out that states/UTs may utilise the services of the Common Service Centres for applying for online submission of applications for licensing and registration on payment of the prescribed service fees by the respective states for such CSCs. In this regard, he cited the example of ‘me Seva’ service in Andhra Pradesh. He mentioned that the licensees in Telangana and Andhra Pradesh were being allowed to use existing labels with the present licence number until December 31, 2015, as per an order No. 1(85)/Telangana/ 2014/FSSAI dated January 7, 2015. The same shall be applicable as a Standing Order for all future cases wherever geographical jurisdictions undergo a change either state-wise or district-wise by Government Order or by Court Order, up to December 31 of that year subject to a minimum of 180 days.

Responding to a query related to extension of date for conversion of existing licences/ registrations, Malik clarified that the date extension was only applicable for the conversion of existing licences/registrations under various other food related Orders/Acts to the new licences/registrations under the FSS Act, 2006. He stated that this did not prevent the states/UTs to take action against the offenders for violation of various clauses of the Act.

Meanwhile, CEO, FSSAI, pointed out that licences were still being issued under PFA Act, 1954, in West Bengal and requested the food safety commissioner, West Bengal, to review the matter as soon as possible.

On the issue of slaughter houses, the meeting deliberated on the deplorable conditions of slaughter houses and the unethical practices followed in this sector. It was mentioned that there were reports of illegal slaughter activities in several states. The members opined that licensing of slaughter houses may be taken care of by FSSAI and state governments as per the current regulations, but the enforcement of the rules and correct practices should be checked by the local urban bodies. It was noted that there would have to be a coordinated approach in each state for smooth operationalisation of the slaughter houses.

It was decided to constitute a committee comprising FSCs from Delhi, Uttar Pradesh, Goa, Kerala and Jammu and Kashmir to work on a set of good business and regulatory practices on the subject to be followed by all concerned.

Harmonisation of Indian Standards with Codex, International Best PracticesThe Advisor, FSSAI, briefed the meeting about the overall work done in the direction of harmonisation of standards with Codex. He informed that the work on safety standards part was almost completed and, in some cases, notification work had also started. He shared that about 11,000 standards were proposed to be placed before the Food Authority. He informed members that the whole process may take 6-8 months’ time for completion. He mentioned that the states-UTs may gear up for different kinds of new standards. The states-UTs will be intimated as soon as the process of harmonisation is completed. He stated that comments shall be invited once the draft standards were notified in the Official Gazette. He informed the CAC that the standards for alcohol and alcoholic beverages, once finalised, shall be intimated to all states/UTs so that they may suitably advise the excise departments in their states/UTs.

Sale of unlabelled packaged drinking waterThe CEO requested all food safety commissioners to create awareness among consumers regarding the standards and labelling requirements for packaged drinking water. He requested them to increase surveillance activities for the same. The issue of size of sample to be drawn for testing of water would be discussed at FSSAI and decision communicated to all states-UTs as soon as possible. The CEO suggested that the issuance of improvement notices to FBOs for non-adherence to the FSS Act 2006, Rules & Regulations, 2011, should be increasingly practised to give greater credibility to the Act.

The issue of licensing/registration of street food vendors was also discussed. The CEO suggested that states/ UTs, in coordination with local urban bodies, may demarcate identified sites for street food vendors and develop basic amenities like water supply, sewage connetions and garbage disposal units for them. He called upon all states/ UTs to create at least two/three such spots on pilot basis so as to have a demonstration effect. He suggested that the states/UTs may organise short training programmes for the street food vendors for about 1-2 hours so that their trade is not affected.