FOOD SAFETY LATEST: Aug 13, 2015

Aug 13, 2015

EXTENSION OF TIME PERIOD FOR THE COMPLIANCE OF FSSAI LICENSE NUMBER AND LOGO NOTIFICATION

Maggi ban: FSSAI keeping options open

FSSAI says it is ready to challenge Bombay high court order on quashing ban on Maggi

New Delhi: Food regulator FSSAI on Thursday said it is keeping its options open on whether to challenge the Bombay High Court order quashing its ban on Nestle India’s Maggi noodles.

“Supreme Court option is neither ruled in nor ruled out,” Food Safety and Standards Authority of India (FSSAI) Chairman Ashish Bahuguna said. In a major relief to Nestle India, the Bombay High Court today quashed the orders of FSSAI and Maharashtra food regulator FDA, which had banned nine variants of Maggi noodles in the country.

The court also said that the principles of natural justice were not followed in executing the ban as the manufacturer was not given a hearing. Stating that the regulator would decide on its next course of action after studying the High Court order, Bahuguna said, “I cannot say anything till I receive the court orders.”

“Its only if I find we are not in agreement with the court order, if I feel that the court order has not taken into submission of the authority, it’s only then I will think of going to Supreme court,” Bahuguna told reporters here when asked whether FSSAI would approach the apex court challenging the Bombay High Court order.

To another query on whether FSSAI’s doors were still open for Nestle and can the company come for fresh testing, Bahuguna said, “Doors were always open to Nestle. Doors were never been shut.” Nestle India shares today soared nearly 3% higher to close at `6,356.70 at the BSE after the court order.

A division bench of the high court has allowed Nestle to go in for fresh testing of five samples of each variant of the noodles at three independent laboratories in Punjab, Hyderabad and Jaipur which were accredited with National Accreditation Board for Testing and Calibration Laboratories (NABL). These samples would be taken out of the 750 samples preserved by the company following the ban.

A huge stock of Maggi noodles was destroyed by Nestle after the ban was imposed by the food regulators. If the lead content is found below permissible limits by these three labs, Nestle India will be allowed to manufacture Maggi noodles, Justices V M Kanade and B P Colabawala said.

The labs have been asked to submit their report within six weeks.

Will go through the judgement, before taking any action: J P Nadda

NEW DELHI: The government today said it will go through the judgement of Bombay High Court, which lifted the nationwide ban imposed by Indian food regulators on Maggi noodles, before taking next course of action.

Union Health Minister J P Nadda said that his Ministry was aware of the judgement and would like to go into the details and consult the officials before taking further action.

"First of all let me go through the details of the judgement. We have heard about it. I would like to go into the detail and see what does the judgement say. Accordingly, after the sitting (meeting) with officials, we will decide about the next course of action," Nadda said.

The Bombay High Court today lifted the nationwide ban imposed by Indian food regulators on Maggi noodles, providing a conditional relief to the popular snack's manufacturer Nestle India Pvt Ltd as it ordered a fresh test of samples in three independent laboratories across India.

It said that if the fresh tests show that lead content was below permissible limit, then the company will be allowed to manufacture and sell Maggi again in the country.

A division bench comprising justices V M Kanade and B P Colabawalla also set aside the June 5 order of the central government's Food Safety Standards Authority of India (FSSAI) and also quashed the order of Maharashtra's Food and Drugs Administration (FDA) banning production and sale of Maggi noodles in India and the state, respectively.

Both the food regulators had in the impugned orders alleged that lead content in Maggi noodles was beyond the permissible limit and asked the company to refrain from selling all nine variants of its product as it may cause harm to public health.

Central food regulator FSSAI meanwhile today said its "doors were never shut" for Nestle India with regard to Maggi.

FSSAI also said that an appeal before the Supreme Court is "neither ruled in, nor ruled out" as yet.

Maggi case: FSSAI to decide on moving SC by evening

The Bombay High Court today set aside the ban order subject to fresh tests being satisfactory

The Food Safety & Standards Authority of India (FSSAI) will take a decision on whether to move Supreme Court against the Bombay High Court order on the Maggi case after it has gone through the full verdict. An FSSAI official told Business Standard, "We are yet to receive a copy of the order. We can talk about it once we have read it." Sources said a decision was expected later in the evening.

The FSSAI had on June 5 had ordered recall of Nestle India’s Maggi noodles from all over the country and had asked the company to stop manufacturing the product, calling it "hazardous" for human consumption . Nestle Indiahad moved Bombay High Court against the order. On Thursday, the court set aside the oder, but asked the Swiss food major to get its noodle samples tested at three FSSAI accredited labs—Hyderabad, Mohali and Jaipur.

While ministers and industry had started speaking out against the FSSAI order in the recent past, consumer affairs ministry sued Nestle India at the consumer court seeking damages worth Rs 640 crore under various provisions.

FSSAI CEO Yudhvir Singh Malik had in a recent interview told this newspaper that he was more worried about children consuming noodles with lead in it, rather than about anything else. ‘’If Im worried about my children, I should be worried about others’ children too.’’

FSSAI order was based on tests of Maggi noodles samples by about half a dozen state laboratories, showing excessive lead and presence of monosodium glutamate (MSG). The issue came into prominence recently when Goa Food and Drugs Administration (FDA) got the samples tested at the renowned CFTRI (Centre for Food Technology Research Institute) at Mysuru, which showed that the product was in compliance with standards set by FSSAI.

After Maggi ban revoked, Nestle says it ‘will comply with court order to undertake fresh tests’

The Bombay High Court quashed orders of Indian food regulators banning nine variants of the noodles brand in the country after observing that principles of natural justice were not followed.

“Nestle India respects the decision made on August 13 by the Honourable Bombay High Court to revoke the ban order passed by the Food Safety and Standards Authority of India (FSSAI) and FDA, Maharashtra, on Maggi noodles and will comply with the order to undertake fresh tests,” the company said in a statement.

Nestle India on Thursday said it will comply with the order to undertake fresh tests while welcoming Bombay High Court’s judgment that quashed ban on Maggi instant noodles in the country.

Nestle India remains committed to working with FSSAI, FDA Maharashtra and other stakeholders, it added. It, however, did not spell out on how soon the company would start manufacturing and selling the instant noodles.

In a BSE filing, Nestle India said, “Manufacture and sale of Maggi noodles is subject to certain conditions, which will be informed after the judgment is received. We await copy of the judgment.”

“It is Nestle India’s endeavour to get Maggi noodles back on the shelves as soon as possible for the benefit of consumers.”

Earlier, in the day, the Bombay High Court quashed orders of Indian food regulators banning nine variants of the noodles brand in the country after observing that principles of natural justice were not followed.

A division bench of the high court allowed Nestle to go in for fresh test by sending five samples of each variant of noodles to three independent laboratories in Punjab, Hyderabad and Jaipur that are accredited with the National Accreditation Board for Testing and Calibration Laboratories (NABL).

These would be taken out of the 750 samples preserved by the company following the ban imposed by FSSAI in June.

The ban on Maggi had hit Nestle India’s earnings and the company reported a standalone loss of Rs 64.40 crore for the June quarter — its first quarterly loss in over three decades. It had posted a net profit of Rs 287.86 crore in April-June of 2014-15.

Bombay HC lifts ban on Maggi

It directed re-testing of Maggi samples within six weeks in three accredited labs in Punjab, Andhra Pradesh and Jaipur.

Ruling in favour of Nestle India, the Bombay High Court on Thursday lifted the ban on Maggi noodles by setting aside the orders of food authorities. A Division Bench of Justices V.M. Kanade and B.P. Colabawalla deemed the orders of Food Safety and Standards Authority of India (FSSAI) "arbitrary, unjust and violative of Article 14 of the Constitution."

Re-testing within six weeks

The Court directed re-testing of Maagi samples within six weeks in three accredited labs in Punjab, Andhra Pradesh and Jaipur. "After examining rivals contentions, we have come to the conclusion that principles of natural justice were not followed and on that ground alone the petition is allowed, particularly when the petitioner had given a press release a day before the ban that it had recalled the products," the court observed.

The Bench held that labs in which the samples were earlier tested, were not authorised to test for lead and the mandatory testing procedures were not followed.

Public health concern

The court remarked that though it was setting aside the ban order, it was " still concerned about public interest and public health." Therefore, it ordered fresh tests.

In June, Nestle India had filed petitioned to the court seeking revocation of the ban on Magginoodles and quashing of the order of FSSAI which had declared the product unsafe for consumption.

FSSAI contended that it can take action against food manufacturers on the basis of mere suspicion about the quality of their food products. Maggi products were deemed unsafe due to major violations, such as misleading labelling on MSG (monosodium glutamate), presence of lead in excess and launching of oats tastemaker without assessment. The Maharashtra government argued that the company had not followed the due procedures under the Act Food Safety and Standards Act, 2006.

Nestle India, on the other hand, sought to discredit the entire testing procedures saying that the labs testing Maggi samples were not accredited to test for lead content and there was wide variation in the results in different States.

In its petition, Nestle had said that the orders passed by the food regulators and State were illegal, arbitrary and violated the principles of natural justice. The company contested the results of excess lead in the noodles and tastemaker claiming that the testing laboratories were not accredited. The authorities, on the other hand, argued that Nestle had not followed due procedures as per the Food Safety Act.

Here's why you may not still see Maggi on your plates any time soon

While there's reason for Nestle India and ardent Maggi lovers to cheer, there's still sometime before the two-minute noodles will be on your plates.

The Bombay High Court today lifted the ban on Maggi noodles, bringing much-needed respite to Nestle India, whose financials tanked in the second quarter after its flagship product was taken off the shelves. Nestle India reported a net loss of Rs 64.40 crore versus a profit of Rs 287.86 crore in the previous financial year.

There's definitely a reason to cheer for Nestle India and for ardent Maggi lovers, but there's still sometime before the two-minute noodles will be on your plates again.

Here's what the Bombay High Court said in its Maggi verdict today:

-- The Bombay HC quashed orders of food regulators – Food Safety Standards Authority of India (FFSAI) and Maharashtra's Food and Drugs Department (FDA) -- banning Maggi noodles for six weeks. It refused to grant stay on its own order on a plea.

-- Principles of natural justice were not followed because the company wasn't given a hearing.

-- In the six weeks that the ban has been lifted, Nestle India will be allowed to send five samples of each variant of noodles for fresh testing to three labs in Punjab, Hyderabad and Jaipur.

-- Laboratories where the tests were performed before, were not authorised.

-- The authorised test labs have to be accredited with National Accreditation Board for Testing and Calibration Laboratories (NABL).

-- These samples will be drawn out of the 750 pieces still stored by the company following the ban.

-- Nestle India still has to hold off production of the noodles till the test results arrive. If lead content is found to be below permissible limit by the three labs, Nestle will be allowed to manufacture Maggi noodles.

After the verdict, shares of Nestle India surged nearly 6% today.

Nestle told to do more Maggi tests as court sets aside recall order

Court said the nine variants of Maggi noodles should be sent for testing to three accredited labs in India

The court gave six weeks for the tests to be carried out. If the test results show lead is found within permissible levels of 2.5 ppm, Nestle is free to resume manufacture and sales of Maggi noodles .

Mumbai: The Bombay high court on Thursday set aside the Indian food safety regulator’s order for Nestle India Ltd to withdraw its Maggi noodles and called for fresh tests to be conducted within six weeks.

In the interim, the company cannot make or sell Maggi noodles, it said.

The court said the nine Maggi variants should be tested at three accredited laboratories in India certified by the National Accreditation Board for Testing and Calibration Laboratories (NABL).

If the test results show lead is found within permissible levels of 2.5 ppm, Nestle is free to resume manufacture and sales of Maggi noodles.

The judge also noted that principles of natural justice were not followed in the Food Safety and Standards Authority of India’s (FSSAI) 5 June order.

Nestle shares rose as much as 5.8% after the court order, and were trading at `6408 apiece, up 3.6%, while the benchmark Sensex was up 0.29% at 27,591.17 points.

Nestlé had to withdraw its instant noodles brand Maggi from the market over allegations of high lead content and presence of MSG (monosodium glutamate).

FSSAI asked Nestle India to immediately withdraw all nine variants of its Maggi noodles, calling them “unsafe and hazardous” for human consumption.

Following the order, Nestle said it would recall all Maggi noodles packets from the market. The company estimated it would have to destroy more than 30,000 tonnes of the noodles. The process is yet to be completed.

On 12 June, Nestle India filed a case challenging the order passed by FSSAI and the Food and Drug Administration (FDA) of Maharashtra banning the production and distribution of Maggi noodles. Nestle also claimed that Maggi is safe for human consumption based on tests conducted in its own laboratory and an independent third-party laboratory, which contradicted the test reports cited by FSSAI.

On 5 August, FSSAI further clarified that it has not given “any clean chit” to Nestle India regarding the safety of Maggi noodles.

On Wednesday, the US Food and Drug Administration (FDA) said its tests had found lead levels within acceptable levels for US consumers. Countries such as the UK, Singapore, Canada, Australia, New Zealand, Vietnam and Hong Kong have already declared Maggi noodles safe.

The ban on the sale of Maggi noodles has already impacted Nestle India’s revenue. For the first time in 15 years, the local unit of the Swiss packaged food firm reported a quarterly loss, for the three months ending 30 June. Maggi noodles accounted for about 30% of its sales. Nestle India reported a loss of `64.4 crore in the April-June quarter, compared with a net profit of `287.86 crore in the year-ago period.

On 11 August, the government filed a class action suit against Nestle India seeking about `640 crore in damages for alleged unfair trade practices, false labelling and misleading advertisements.

The department has filed this class action suit on behalf of the large number of consumers of Maggi in the country against Nestle India on grounds of unfair trade practices, sale of defective goods and sale of Maggi Oats Noodles to the public without product approval, the ministry said.

The consumer affairs ministry has dragged the company to the National Consumer Disputes Redressal Commission (NCDRC) using a provision for the first time in the nearly three-decade-old Consumer Protection Act.

A day after the class action suit was filed, Nestle India said it was disappointed with the ‘unprecedented step’.

“We are disappointed with the unprecedented step of filing of a complaint before the National Consumer Disputes Redressal Commission (NCDRC) against Nestle India,” the company said in a statement.

Nestle India clarified that it maintained “the highest standards of food quality and safety in the manufacture of all its products” and “have a stringent programme to test the ingredients that go to make Maggi noodles”.

The company said it had tested over 2,700 samples of Maggi noodles by several accredited laboratories both in India and abroad and each one of the tests showed lead to be far below the permissible limits.

“In addition, Maggi noodles made in India have been tested and found to be safe for consumption by the authorities of several countries across the world,” the company claimed.

The NCRDC will hear the case on 14 August, according to its website.

What the Bombay HC order means for Maggi

MUMBAI: The Bombay high court on Thursday lifted the ban on Nestle's flagship instant noodle brand Maggi.

However, Maggi will not be up for sale in the market immediately.

Maggi samples will have to go through fresh tests and if results are fine, only then can Nestle manufacture and sell Maggi in India.

As per the HC order, Nestle will have to send five samples of each variant of noodles for fresh testing to three labs in Punjab, Hyderabad and Jaipur.

If lead content is found below permissible limit by the three labs, Nestle will be allowed to manufacture Maggi noodles.

While passing the order, the Bombzy HC said that "principles of natural justice was not followed while banning Maggi noodles".

"Laboratories where tests were performed were not authorized," the HC said.

So, consumers will have to wait a while longer for Maggi to be back on the shelves.

Bombay HC sets aside ban on Maggi noodles

Orders fresh testing of noodles at 3 independant labs; Maggi to be available at retail outlets only if tests satisfactory

In a major relief to Maggi noodles manufacturer Nestle India, the Bombay High Court today quashed the orders of Indian food regulators that banned nine variants of noodles in the country.

A division bench of the High Court allowed Nestle to go in for fresh testing by sending five samples of each variant to three independent laboratories in Punjab, Hyderabad and Jaipur, which were accredited with National Accreditation Board for Testing and Calibration Laboratories (NABL).

These samples would be taken out of the 750 samples preserved by the company following the ban. A huge stock of Maggi noodles was destroyed by Nestle after the banwas imposed by the food regulators.

If the lead content is found below permissible limits by these three labs, Nestle, the Indian arm of Swiss company, will be allowed to manufacture Maggi noodles, Justices V M Kanade and B P Colabawala said.

The labs have been asked to submit their report within six weeks.

While quashing the orders of the food regulators, namely Food Safety Standards Authority of India (FSSAI) and Maharashtra's Food and Drugs Department (FDA), the court said that principles of natural justice were not followed because the manufacturer was not given a hearing.

Moreover, the laboratories, where tests were performed to determine lead content in Maggi, were not authorised, the court observed.

The judges refused to grant stay on their order on a plea made by food regulators. They said the company had given an undertaking that it would not manufacture or sell Maggi noodles till the results of the three labs were received.

"The fresh tests would also take some time. Hence, there was no need to grant a stay on the order," the judges said.

The HC held that the petitions filed by Nestle challenging the nation-wide ban on Maggi noodles was maintainable and that it (the high court) had the jurisdiction to hear it under powers derived by it under Article 226 of the Constitution.

FSSAI and FDA had earlier banned Maggi noodles saying the samples of noodles tested by them contained 'lead beyond permissible limit'.

Nestle had argued that its product did not contain 'lead' in excess of permissible ceiling and challenged the tests by FSSAI and FDA.

DINAMALAR NEWS

'மேகி நுாடுல்ஸ்' சர்ச்சையை தொடர்ந்து, மாநிலம் முழுவதும் எடுக்கப்பட்ட உணவு மாதிரிகளின் முடிவுகள், வெளியிடப்படாமல் உள்ளன. 'இந்த விஷயத்தில், அரசு மவுனமாக உள்ளது ஏன்?' என, மக்கள் கேள்வி எழுப்பி உள்ளனர்.

'நெஸ்லே' நிறுவன தயாரிப்பான, 'மேகி நுாடுல்ஸ்'சில், உடலுக்கு தீங்கு விளைவிக்கும் வேதிப்பொருட்கள் உள்ளதை உறுதி செய்த மத்திய அரசு, அவற்றின் விற்பனைக்கு தடை விதித்தது. தமிழகத்தில், உணவு பாதுகாப்பு அதிகாரிகள் நடத்திய ஆய்வில், அனுமதியை விட, காரீயத்தின் அளவு அதிகமாக இருந்ததால், ஆறு நிறுவனங்களின் நுாடுல்ஸ் விற்பனைக்கு, மாநில அரசு தடை விதித்தது. சென்னை மாவட்ட மாதிரி முடிவுகள் அடிப்படையில், இந்த நடவடிக்கை எடுக்கப்பட்டது. ஆனால், மாநிலம் முழுவதும் எடுக்கப்பட்ட, 'நுாடுல்ஸ்'சின், 65 மாதிரி முடிவுகள், இரு மாதங்களாகியும் இன்னும் வெளியிடப்படவில்லை.

மாநிலம் முழுவதும், சிப்ஸ் முதல் பஞ்சாமிர்தம் வரை, 20க்கும் மேற்பட்ட பொருட்களின், 2,000க்கும் மேற்பட்ட மாதிரிகள், பரிசோதனைக்கு அனுப்பப்பட்டன. இரு மாதங்களாகியும், முடிவுகள் குறித்த விவரங்கள் வெளியிடப்படவில்லை. 'மாதிரி முடிவுகள் குறித்து, வாய் திறக்கக் கூடாது என, அரசு கிடுக்கிப்பிடி போடப்பட்டு உள்ளதால், முடிவுகள் இன்னும்வரவில்லை' என, மாவட்ட நியமன அலுவலர்கள் சமாளித்து வருகின்றனர்.

இதுகுறித்து, பெயர் குறிப்பிட விரும்பாத அதிகாரி ஒருவர் கூறியதாவது:இரண்டு மாதங்களுக்கு முன் எடுக்கப்பட்டவை, சட்ட ரீதியான மாதிரிகள் அல்ல; சோதனை மாதிரிகள் என, அதிகாரிகள் சமாளித்து வருகின்றனர். உள்ளூர் அதிகாரிகளால் கசிந்த இத்தகவல், அரசுக்கு தர்ம சங்கடத்தை ஏற்படுத்தியது. எனவே, 'மாதிரி முடிவுகளை, மாவட்ட அதிகாரிகள் வெளியிடக் கூடாது; உணவு பாதுகாப்புத் துறை கமிஷனருக்கு, நேரடியாக அனுப்ப வேண்டும்' என, உத்தரவிடப்பட்டு உள்ளது. இதனால், மாதிரி முடிவுகள் கிடைத்தாலும், அதை வெளியில் கூற முடியவில்லை.இவ்வாறு, அவர் கூறினார்.

'மாதிரி முடிவுகள் அடிப்படையில், கடும் நடவடிக்கை எடுக்கப்படும்' என, அறிவித்த மாநிலஅரசு, முடிவுகளை, அரசு வெளிப்படையாக தெரிவிக்க வேண்டும் என, சமூக ஆர்வலர்கள் கருத்து தெரிவித்து உள்ளனர்.

மாதிரிக்கான பொருட்கள்:

சிப்ஸ் வகைகள், மசாலா பவுடர், பால் பவுடர், சமையல் எண்ணெய், நெய், ரெடிமேட் சப்பாத்தி, பரோட்டா, பழங்கள், பதப்படுத்திய காய்கறிகள், உப்பு, குளிர்பானங்கள், பாட்டில், கேன் குடிநீர், ஊறுகாய், பஞ்சாமிர்தம், ரெடிமேட் வத்தல் குழம்பு, கறிவேப்பிலை பொடி பேஸ்ட், சில்லி - சாஸ் வகைகள் உட்பட, உணவு பாதுகாப்புத் துறையினரால், 20க்கும் மேற்பட்ட மாதிரிகள் எடுக்கப்பட்டன.

அரசால் தடை செய்யப்பட்டவை:

மேகி நுாடுல்ஸ், வாய் வாய் எக்ஸ்பிரஸ் நுாடுல்ஸ், ரிலையன்ஸ் செலக்ட் இன்ஸ்டன்ட் நுாடுல்ஸ், ஸ்மித் அண்டு ஜோன்ஸ் சிக்கன் மசாலா நுாடுல்ஸ், கிரைன் சக்தி வெஜ் ஆட்டா நுாடுல்ஸ், நியூ எக்ஸ்ட்ரா டெலிஷியஸ் சிக்கன் நுாடுல்ஸ் என, ஆறு நிறுவன நுாடுல்ஸ் தயாரிப்பு, விற்பனைக்கும் தமிழக அரசு, ஜூன் மாதம் தடை விதித்தது.