FSSAI CEO on Nestle’s Maggi: If their product was safe, why did they destroy it?

Maggi samples given clean chits were from factory that manufactures largely for exports, says FSSAI.

The Bombay High Court’s order in favour of Nestle’s Maggi noodles, and the clean chit by countries including the US, the UK, Australia, Singapore and New Zealand notwithstanding, the Food Safety and Standards Authority of India (FSSAI) has maintained that the ban on the product was done after thorough tests and “these clean chits have been given to samples primarily drawn from Nestle’s Bicholim factory in Goa, which manufactures the noodles largely for exports”.

Speaking to The Indian Express, Yudhvir Singh Malik, CEO, FSSAI, said, “There are eight facilities of Nestle and all the samples which went for CFTIR Mysore were from Bicholim, Goa, which are meant for exports. The US, Australia and New Zealand may have given clean chits but the samples were all drawn from the export facility. We have already requested the UKFDA, which has called India’s Maggi safe, to share with us the details such as when and where the samples were drawn from, the batch of the samples, what factors were considered, what testing protocol was followed and the test results. However, despite three reminders they have not replied.”

It is to be noted that earlier the FSSAI had rubbished all-clear reports from two of its own empanelled labs, saying there were lapses in the tests. It had rejected the findings of the Food and Drugs Laboratory of Goa as well as the Central Food Technological Research Institute (CFTRI), Mysore, over test discrepancies.

“We asked Nestle that since they are claiming to have got clean chit from the UKFDA, do they have the reports for the same and asked them to share it with us. However, they have gone on record claiming that they don’t have it. How can they not have it? If their product was safe why did they destroy it? We ordered only recall of the product and offered that if the product was safe for consumption they should export it. However they destroyed it,” Malik said while emphasising that the FSSAI is focussing on its prime responsibility of ensuring safe food to people. According to an official, the FSSAI had ordered recall of Maggi noodles on June 5 after testing 78 samples of Maggi from Delhi, Kerala, Tamil Nadu, Gujarat and other states, of which 30 samples were found carrying excess lead.

The official said that the sample was fairly large to take action on. Following the order, Nestle India had moved Bombay High Court. Last week the court set aside the order though it asked the company to get its noodle samples tested at three FSSAI accredited labs — Hyderabad, Mohali and Jaipur — to check lead contents.Explaining the ban on the product, Malik said that while FSSAI regulations don’t prescribe that MSG is unsafe, it explicitly mentions that it should not be in products meant for children below 12 months old.

“They said that they have not added MSG in Maggi and it is naturally present. Even if it is naturally present, why did they write No MSG added? We are not getting into whether it is safe for consumption. We have just said that it was falsification under the FSSAI regulations. They could have said that it contains natural MSG,” he said.

With regards to lead, which is bad for health as it accumulates in the system, the CEO said, “It can even be transferred from the placenta to babies. It will never have an immediate impact but you will never be able to relate it to consumption of lead on account of Maggi… Once it is a section 22 food, we don’t test it and go 100 per cent by what the company writes.”

As far as tests are concerned, the FSSAI CEO emphasised that the tests were done on the basis of CODEX document which was attached to the application of Nestle and hence no objections can be raised by the company on the testing protocol followed.

“Approval is granted on the basis of the content of the application. Nestle told us that they were confused about the testing protocol followed by us. But we have done it according to the CODEX document which was attached to their application, which says that the cake and masala will be tested separately and that is what we did. Now they are questioning our test. It is their protocol that was agreed to and now they can’t go back on it,” Malik stressed.

Maggi ban: NCDRC issues notice to Nestle India against class action suit

The suit alleges unfair trade practices, false labelling and misleading advertisements of Maggi instant noodles

The suit filed by the department of consumer affairs seeks `640 crore for damages.

New Delhi: India’s top consumer court National Consumer Dispute Redressal Commission (NCDRC) on Monday issued notice to Nestle India Ltd on a class action suit filed by the department of consumer affairs (DCA) seeking `640 crore in damages.

The suit filed in public interest on 11 August alleges unfair trade practices, false labelling and misleading advertisements of Maggi instant noodles by the Indian unit of the Swiss packaged foods company Nestle SA.

The damages sought from Nestle India are for manufacture and sale of variants of Maggi noodles that contained exceess levels of lead and monosodium glutamate that allegedly harmed consumers.

At the hearing, a division bench of NCDRC comprising justices V.K Jain and B.C Gupta, while deciding upon the maintainability of the suit, repeatedly questioned DCA about the “specific standard” that had been prescribed under the Food Safety and Standards Act, 2006 or any other rules on the permissible lead content.

“In the complaint, you have alleged that as per the tests conducted in various laboratories across the country, it was found that variants of Maggi noodles contain levels of lead beyond the 0.015 ppm (parts per million). Regarding this, I wish to ask if there is any specific standard on the basis of which such claims are being made. Further, in the absence of a set standard, which provision would apply?” Jain asked.

“It is the domain of the food authority and would be their decision while deciding such matters in the absence of a fixed standard,” argued additional solicitor general Sanjay Jain.

This argument was set aside by the bench as it would amount to extending arbitrary power to the Food Safety and Standards Authority of India.

“At this moment, what material evidence do you have to show that the lead content exceeds the permissible levels?” the bench asked the Additional Solicitor General (ASG).

It also raised doubts about the procedure that had been followed for sending the samples for testing (whole packets or part of the noodles) to the various labs; the 13 August Bombay high court judgment that called for another test was silent on this issue.

The Bombay high court set aside the food regulator’s nationwide ban order on the sale of Maggi noodles and said it had not been able to “substantiate” its “tall claim” of the food product being unsafe, and told the manufacturer it will be allowed to resume production and sales once the popular snack is retested and cleared for consumption by government-approved laboratories.

The court also slammed the regulator for “lack of transparency” and passing orders in an “arbitrary manner”.

The bench also directed the complainant to submit sealed samples of Maggi Masala and Maggi Oats Noodles that it had brought to the court, to be sent for re-testing to an accredited lab.

The DCA told the NCDRC that the pivot of the complaint was not the test reports but the interest of the consumers who had been misled by unfair trade practices and assertions made by Nestle on the presence of MSG and lead levels in their products.

The department also claimed that Nestle India had begun sale of their Maggi Masala Oats Noodles without obtaining the requisite product approval from the food authority.

The court has sought a reply to the notices in a month and has marked 30 September as the next date of hearing.

Nestle India officials when contacted by Mint declined to comment upon the matter.

Consumer court allows Nestle to go for fresh Maggi tests

The apex consumer court on Monday sought Nestle India's response on the government's Rs.640-crore unfair trade practice class action suit related to Maggi noodles, allowed fresh tests in approved labs and fixed Sep 30 as the next date of hearing.

A bench of the National Consumer Disputes Redressal Commission, comprising Justice V.K. Jain and Justice B.C. Gupta, directed Nestle to respond to the notice by Sep 30 and allowed the government to send samples of Maggi noodles to an accredited laboratory for tests on lead content and MSG.

"The court has accepted to hear the case for unfair trade practice and misleading consumers through advertisements and packaging," Additional Solicitor General Sanjay Jain said after the preliminary hearing.

During the hearing, the bench expressed doubt over the government's cause of action, saying the Bombay High Court's judgment in the matter had dealt with the issue of lead content.

It said since the high court had rejected the government's current reports on lead content -- for not being from an accredited laboratory -- there was no report to prove the government's contention that Nestle was selling hazardous products.

The government's counsel, Sanjay Jain, replied that the government had approached the consumer forum on a "broader issue".

The central government was dealing with the question of whether Nestle had "all this while" sold a product which did not meet India's food safety standards, he said.

Jain said later: "The court has sought fresh, sealed samples to be tested by accredited labs. Further course of action will be decided by the ministry (of consumer affairs)."

After a 30-minute hearing, the forum agreed to the petitioner's request to have Maggi samples tested at an accredited lab, and issued the notice to Nestle to respond to the government's accusations.

No specific mention was made on which laboratories the samples would be sent.

The Department of Consumer Affairs had alleged that Nestle by its "unfair trade practices" vis a vis Maggi instant noodles, by selling "defective and hazardous products" has caused injury to millions of consumers, which called for this class action suit.

"It is now apparent that Maggi and its variants are neither healthy nor enjoyable. Quite the contrary, they are far from the quality and standard what even the opponent company had claimed them to be, while seeking approval," the government had said in its petition.

The petition said: "The department is keen to safeguard against companies selling defective foodstuff or other products in utter disregard of the existing laws."

Last week, Nestle India had got a significant respite with the Bombay High Court lifting the ban on the sale of nine instant noodle brands and ordering fresh tests in three separate labs to ascertain that the products complied with the country's food safety norms.

The conditional relief came following a petition filed by Nestle challenging the regulatory order of June 5 for the withdrawal and recall of nine variants of "Maggi Instant Noodles" and "Maggi Oats Masala Noodles with Tastemaker".

The Food Safety and Standards Authority of India (FSSAI), the industry watchdog, had said in its ban order of June 5 that tests conducted on a batch of Maggi were found to contain more-than-permissible levels of lead and high quantities of mono-sodium glutamate (MSG).

Setback for Maggi: Top consumer court accepts govt's Rs 640 crore suit

"The court has sought fresh, sealed samples to be tested by accredited labs. Further course of action will be decided by the ministry" Additional Solicitor General Sanjay Jain said.

The apex consumer court on Monday accepted thegovernment's Rs 640-crore suit against Nestle for its alleged unfair trade practices pertaining to Maggi instant noodles and posted the next date of hearing for Sep 30.

The bench of the National Consumer Disputed Redressal Commission, presided over by Justice J.K Jain and Justice B.C. Mehta, also wanted to look into the findings of fresh test reports of the popular instant noodles by accredited laboratories.

"The court has sought fresh, sealed samples to be tested by accredited labs. Further course of action will be decided by the ministry (of consumer affairs)," Additional Solicitor General Sanjay Jain said after the preliminary hearing.

The Department of Consumer Affairs has alleged that Nestle by its "unfair trade practices" vis a vis Maggi instant noodles, by selling "defective and hazardous products" has caused injury to millions of consumers, which called for this class action suit.

"This makes for a compelling story of trade practices of a large corporation with vast resources taking advantage of unwary consumers," the government said in its petition.

Last week, Nestle India had got a significant respite with the Bombay High Court lifting the ban on the sale of nine various instant noodle brand and ordering fresh tests in three separate labs to ascertain that the products complied with the country's food safety norms.

The conditional relief came following a petition filed by Nestle challenging the regulatory order of June 5 for the withdrawal and recall of nine variants of "Maggi Instant Noodles" and "Maggi Oats Masala Noodles with Tastemaker".

The Food Safety and Standards Authority of India (FSSAI), the industry watchdog, had said in its ban-order of June 5 that tests conducted on a batch of Maggi were found to contain more-than-permissible levels of lead and high quantities of mono-sodium glutamate (MSG).

Kovai Giving the Go-by to Food Safety

Food items on sale at roadside eateries in the city

COIMBATORE:At a time when more and more cities are disallowing the sale of food by keeping it in the open, the unhealthy practice continues in Coimbatore.

Displayed openly in front of restaurants and on roadsides, they often have enticing smells and colours, but can cause health problems. ‘Free’ with them come various diseases as chances of contamination are very high - through the air, through flies and by the touch of infected people, say health experts.

Considering such problems, the Bruhat Bengaluru Mahanagara Palike (BBMP) has issued strict instructions to street vendors and hoteliers not to display food in the open, but keep them in closed glass boxes and to follow all food safety rules.
However, in Coimbatore, such caution has been thrown to the wind and one can seen food kept in the open being traded across the district.
These all sorts of food - from dosa, idli, appam and parotta, snacks like vada, paniyaram and neyyappam to sliced fruit (mostly papaya, water melon and pineapple) and pickles provided by buttermilk sellers. But the officials concerned have been turning a blind eye to the practice.
A man sells thayir-vada in front of the Coimbatore Medical College Hospital on his bicycle. The food is kept open to the air though it is a place where hundreds of infected people would be always present. The irony is that people buy his ware without any hesitation.
“He sells four vadas at Rs 10. It is very cheap. You won’t get four vadas at this rate anywhere else. Who cares whether it is kept in the open. We have to satisfy our hunger at a low cost,” said Mariammal from Karumathampatty who had come to the CMCH for treatment.
Many of the traders are unaware of the importance of keeping the food in clean and closed containers and the health threats from food kept it in the open. It is the responsibility of the Food Safety Wing to educate them about healthy practices, but it has failed to do so.
“Good display increases sales as people will see the food and get attracted. We did not know that it can cause diseases to spread,” said a worker at a restaurant near the railway station.
“It is not only in our place. No one has told us to keep the food closed. If all do it, we will also do so. If only we do it, it will reduce our business. Our rivals will be able to sell more by display their ware well,” he added.
‘Stocking of Food In The Open Is An Invitation to Disease’
Stocking food in the open for sale is an invitation to disease, and the practice must be stopped immediately, say health experts.
“Who knows how many of those who go to hospitals were infected from food sold in the open. No one knows. No one might even have thought about it. But, it is in fact a great threat to public health and must be stopped,” said P K Mohanan, who retired from the Public Health Department and is now conducting research on preventive medicine.
Flies and other insects that carry germs of diseases like cholera, typhoid, and jaundice land on food kept in the open. Those who eat it are very likely to catch the disease. Besides, when infected people cough or sneeze nearby, the germs may reach the food through the air, he added.
In addition, the practice of self-service in some hotels is also dangerous. “People come from different places and may be carrying various infectious organisms. If they take a piece of food item, the germs may get stuck on pieces close to it also from his hand. This is why we demand that officials should teach food traders healthy food practices,” said Mohanan.
A good food trader will not allow consumers to take the food on their own. Those who handle the food must always be wear gloves.
“Food traders must take medical fitness certificate every six months. But how many of them follow this rule? Indeed, how many are aware of food safety rules?” he asked.
This state of affairs shows the utter failure of the Food Safety Wing. It is high time that it took steps to end practices in the food trade that are dangerous to public health, said Mohanan.
Steps to End Unhealthy Practices in Food Trade
Steps will be taken to end the practice of keeping food for sale in the open, said Food Safety Commissioner Kumar Jayant.
“I have not come across the problem. Let me speak with the filed officers and find what they are doing to end such unhealthy practices. We will do the needful depending on their response,” he added.
The Food Safety Wing has enough staff to enforce the norms, but are unable to do so as the Food Safety and Standards Authority of India (FSSAI) keeps extending the deadline for food traders to register themselves, official sources said.
“All food traders, from street vendors to five star hotels, must get the Food Safety Wing’s consent to start work. When a trader approaches the wing for registration, the officials will train him as well as his employees in safe practices. They will also be taught about avoiding health risks and what they should not do,” said R Kathiravan, Designated Officer, Food Safety Wing, Coimbatore.
The FSSAI has extended the deadline for registration five times. “Thus, the traders do not bother to approach officials and register their establishments. If the FSSAI does not extend the deadline for a sixth time, we can catch those who flout safety norms,” he added.
Approaching every food trader to teach food safety norms is not a feasible option. “If registration is made mandatory, we can teach them healthy practices when they meet us. Without making them aware of their mistakes, there is no point in penalising them,” said Kathiravan.

Eternal Vigilance For Food Safety

Will the Bombay High Court’s order lifting the ban on the sale of Maggi products in India set at rest the fears among consumers that were aroused by the ban? Maggi noodles manufactured in India were banned in several states following reports that the Food Safety and Standards Authority of India (FSSAI) had found a high level of lead taste enhancers in them. The High Court lifted the ban on the ground that natural justice had been denied to the manufacturing company Nestle India, that FSSAI hadn’t given the company enough opportunity to present its case. The court order does not in any way de-recognize or doubt the authority or the credentials of FSSAI. The Bombay High Court says their order lifting of the ban does not mean that the product will be back on the shelves immediately.

The next six weeks will be very crucial and that’s the time the High Court has given for Nestle India to get samples of five Maggi variants tested at accredited laboratories in Hyderabad, Jaipur and Mohali. Expressing its concern over public health and safety, the court observed that these three labs will check whether the lead content was within the permissible limits and will present their reports to FSSAI within six weeks. The court has very clearly said that only if the lead content was found to be within permissible limit of 2.5 pap (parts per million) will Nestle be allowed to sell Maggi.

It was a fair judgment. Since the FSSAI did not issue show cause notices to Nestle before clamping the ban, the court felt that ban could be lifted with a rider of rigorous testing of the ingredients. However, the court will not be watching beyond six weeks. It is here that FSSAI needs to be more proactive. The national food regulator must regularly carry out surprise checks on Maggi products in order to keep the company on the toes. The Bombay High Court order, coming coincidentally with the results of USFDA(United States Food and Drug Administration)showing lead content in Maggi was within permissible limits, might seem to have given the popular two-minute snack a fresh lease of life, but Nestle India has to trek a huge distance to earn back the goodwill it once had in Indian households. For generations, the two-minute snack was a part and parcel of millions of families. From tasty noodles, to tastemakers to Maggi soups. Even if assuming Maggi clears the new tests, Nestle will have to reposition its product all over again. Also the ambit of the verdict has to be read in a broader perspective so that other companies dealing in packaged items should feel the heat and be more cautious.

New generation pesticide residues in vegetables

THIRUVANANTHAPURAM: The recent laboratory report revealing the presence of new generation pesticide residues in vegetable samples collected from check posts have blown away the plan of state government to ensure safe and pesticide-free vegetables this Onam.

As many 110 samples were collected from the check posts since the government direction, of which results of 13 items came out from the residue laboratory of Agriculture University here.

Commissioner of Food Safety T. V. Anupama said that four items were contaminated and had pesticide content beyond permissible levels.

“But unfortunately, we won’t be able to initiate action as the permissible limits of new generation pesticides are yet to be fixed by the Food Safety and Standards Authority of India (FSSAI). We have been facing this issue since this drive was launched. More than 70 per cent of the pesticides detected are new generation. We have written to FSSAI to take necessary action. FSSAI is already aware of the issue and there is a scientific panel to fix the levels. We hope FSSAI would come out with the standards soon,” said Anupama.

Food safety officials have diverted their focus more on adulteration in milk, dairy products and coconut oil flowing to the state via check posts.

Anupama said that till date, around 116 statutory samples were collected. “Our laboratories are inactive as internal auditing is going on for NABL accreditation. The auditing at Ernakulam laboratory would be completed in a day and we would be able to start sample screening,” she added.

Anupama said that getting NABL accreditation is being given top priority by us. “Our employees have sacrificed their holidays to save time to finish the auditing,” she added.

FDA fines dairy owners for low quality milk

PUNE: The Food and Drug Administration (FDA) has imposed a penalty of Rs 60,000 each on two dairy owners based in Ahmednagar and Pune districts for serving sub-standard milk to patrons. 

The FDA, Pune division had drawn samples of milk from various dairies operational within its administrative jurisdiction in a surprise drive conducted on June 17. 

"The substandard samples were from two dairies operation in rural parts of Pune and Ahmednagar. They were selling this substandard milk in Pune and Pimpri Chinchwad. The samples drawn from them were found not up to the mark during laboratory tests. Hence, we have imposed a fine of Rs 60,000 each on both the dairies found at fault," said Shashikant Kekare, joint commissioner (food), FDA, Pune 

This year's FDA report showed a total of 1,754 samples were drawn in Maharashtra between April 1, 2014 and March 31, 2015. Of these, 330 samples were of low quality and 94 samples were found unsafe for consumption. 

The samples were taken from milk collection centres, tankers, processing units, local dairies and vendors and tested at notified public health laboratories. Officials have filed criminal cases against errant suppliers. 

"We have already filed 39 criminal cases where the samples were found unsafe so far. Besides, we have recovered a penalty to the tune of Rs 25.78 lakh in 148 cases where the samples were found sub-standard," said a senior FDA official from the headquarters based in Mumbai. 

Earlier, when the Prevention of Food Adulteration Act, 1954 was in force, milk samples found not conforming to the set norms would be considered as adulterated and the officials were required to file a case against the dairy owner or supplier in the court of law. 

"FDA officials would file a case against a supplier in the court of law even if the sample had less amount of fat. Now, with the new Food Safety and Standards Act, 2006, the FDA officials can only fine them for such offences. A case is filed against a supplier only when the sample is found unsafe for consumption," said Shivkumar Kodgire, assistant commissioner (food), FDA, Pune

‘Over 90% of the food we eat in India is sold without testing’

Most products in retail market pass off without quality check, says head of Jaipur lab that will carry out fresh Maggi test and submit its report in 6 weeks.

“Over 90 per cent of the food that we eat in India are sold without being tested,” said Vishwas Jain, the director of CEG Test House and Research Centre Pvt Ltd, one of the three recognised laboratories that are going to carry out fresh tests on the controversial Maggi noodles within six weeks, according to the latest order issued by the Bombay High Court.

Speaking to The Indian Express from his office in Jaipur, Jain pointed out why India had to “go a long way” when it came to food safety.

Jain is yet to get an order copy to conduct the tests. Their final reports, according to the Bombay High Court, will determine the fate of Maggi noodles. Three laboratories were, on August 13, ordered to carry out fresh tests of samples of Maggi noodles and submit their reports within six weeks.

Besides Jain, The Indian Express also spoke to Punjab Biotechnology Incubator in Mohali. The third, Vimta Labs, Hyderabad, chose not to comment on the issue. All three are accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABL).

”The biggest challenge is the paucity of testing facilities. The government labs need flexibility in terms of expenses on equipment. Some equipment have cost me around Rs 2 crore. In case of a breakdown, I have to replace it or get it fixed,” said Jain.

Established in 2013, the CEG lab has a strength of 80 staffers, including analysts. The lab was set up with a 25 per cent grant from the Ministry of Food Processing Industries (MoFPI).

While the MoFPI, in its budgetary plan for 2015-2016, allocated Rs 329 crore for infrastructural schemes like Mega Food Park, Cold Chain, etc, it allocated just Rs 130 crore for modernisation of food processing industries and quality assurance activities.

The rest was allocated to schemes for human resource (Rs 5 crore), strengthening of institutions (Rs 16 crore) and food processing schemes for Union Territories (Rs 7 crore), taking the total budget allocation to Rs 487 crore. But the Maggi controversy has created a lot of awareness, according to Jain. “It is just the beginning. Current labs are not getting samples because of no enforcement. Most of the products in the retail market pass off without quality check,” he said.

“Lead, chromium, arsenic easily permeate into vegetables grown in areas where factories are in the vicinity,” he added.

This, Jain said, was due to the water used for cultivation. “Suppose Mumbai has a lot of factories in the outskirts, heavy metals can percolate into the vegetables grown nearby,” he said.

Dr Ajit Dua, who heads the technical operation of the lab in Mohali, said it was a first when a court had asked them to carry out sampling. “Not much sampling is done here. People do not know what is nutritional labeling,” she said. Dr Dua said consumers had started coming forward only in the past couple of years. Her lab has recently tested khoya, made of thickened milk and desi ghee. While refusing to comment on adulteration in general, she said with growing awareness among consumers, dealers had also become more concerned. “Now they add such adulterants, which are difficult to detect,” said Dr Dua, adding that the scientific community’s battle was always on. The lab, which has been notified by the Punjab government, has been handling such cases for the past decade.

DINAMANI NEWS

No 2-minute return, but Bhopal cheers

BHOPAL: Bombay High Court has quashed the ban on India's favourite two-minute noodle, but it may take a while before it comes back on the shelves. Though students and professionals are elated, most general stores are still wary of stocking, fearing it may be banned again.

Sales of popular fast food Maggi had dropped in the city by more than 50% after news of lead and MSG in the instant noodles surfaced. Thursday's high court order brought cheer to students. However, shopkeepers are not too optimistic. Lakshman Ahuja, proprietor of Ahuja Proteins, a general store said, "The order doesn't say Maggi can be sold yet. It is subject to fresh test results after six weeks. Hence it would be early to even re-stock it." Another store owner Anil Talreja of a popular bakery said, "Demand was almost nil following reports of lead and MSG. in the current scenario, it would only be possible to stock the product once ban lifts completely. Right now, the product is totally off the shelves."

After ban on Maggi instant noodles by the state government, food and drug administration (FDA) officials on directions of food standard and safety authority of India (FSSAI) had conducted several raids at major suppliers of fast food items of Nestle like at Malviya Nagar etc. Several hoteliers had also expressed concern that food officials were conducting random raids.

Shantanu Roy, assistant executive manager, Amer Palace said, "Hoteliers already maintained check points in their quality. However, they had to notch it up after Maggi controversy."

Students, meanwhile, are missing their favourite noodle.

"I would turn to instant noodle whenever I was sick of hostel food and missed my mom's cooking. It was the ultimate comfort food for me. I wish it's back soon," says Mukta Tiwari, a college student who hails from UP.

Ashish Mehra, a young techie said, "I remember consuming Maggi ever since I was a teenager. The association is of more than 20 years. It was very difficult to say goodbye. Hope the product returns for good in six weeks."

Unsafe food: FSSAI norms not consumer-friendly

According to the Food Safety and Standards Authority of India (FSSAI) Act, the consumer has to inform the retailer that he is buying the product for testing and he must take a receipt.

NEW DELHI: Government agencies may be making tall claims of protecting consumer rights, particularly in case of food products, but the existing legal provisions expose how people are at the mercy of retailers and state agencies to get justice when they suspect a product to be unsafe or adulterated.

According to the Food Safety and Standards Authority of India (FSSAI) Act, the consumer has to inform the retailer that he is buying the product for testing and he must take a receipt. Consumer activists and even officials said in all probability, retailers would refuse to sell products in such cases.

Pointing out how such provisions are impractical to implement, Suresh Misra, professor of consumer affairs at Indian Institute of Public Administration, said, "The minute a consumer says why he is buying the product, no retailer will sell the item. This is despite the fact that the retailer won't be held responsible for any defect in the product."

He added that government agencies should be proactive and pick up samples regularly for testing rather than expecting consumers to do this. "You can imagine how government departments have not even used the legal provisions. 19 years since the Consumer Protection Act came into existence with provision for 'class action', such a complaint was filed for the first time only last week," Misra said.

Even FSSAI officials admitted that provisions in the present act do not encourage consumers to pursue cases. The act says after getting a sample from the retailer, the purchaser has to take the product to the food analyst.

"Then the consumer is again at the mercy of the food analyst. It's up to him to undertake the test promptly or cite some reason or the other to delay the test even after taking the requisite fees," a senior FSSAI official said.

Subsequently, the food analyst shall forward the report to the "designated officer", who takes a final decision for prosecution. Sources said the proposed amendments to the Act may address such 'impractical' provisions.

Meanwhile, the consumer affairs department in its proposed consumer protection law has tried to address some of the concerns by bringing failure of a retailer to provide receipt of any purchase under the provision of "unfair trade practice".

Moreover, once consumers report complaints to the proposed Central Consumer Protection Authority (CCPA), the agency will carry out raids, seize items and conduct investigations. However, in case of food items that fall under FSSAI Act, the CCPA will forward its investigation report to the food regulator seeking action against the violator.

Ban and questions

The FSSAI-Maggi fiasco and its aftermath hold out several lessons (Editorial, Aug.15). One, a standards authority must not act in haste and must always proceed on the basis of facts. The episode will have repurcussions on the economy; have we thought about the damage and loss of confidence in fast moving consumer goods this may have resulted in? And what about the fallout at a time when the government is trying to promote agro-processing industries? The second aspect is consumer rights and FSSAI’s credibility in the long run. Third, the media and social networking need to be restrained in the reportage of unsubstantiated news. The way a 30-year-old brand/product was destroyed in quick time is unfortunate and unfair. Fourth, one should not be surprised if investigations later show this to be the result of a ‘corporate war’ where several smaller players orchestrated a drama to end the reign of a market leader. The entire episode needs to be investigated, accountability fixed and wrong-doers brought to book.

Pranav Shekhar, New Delhi

There must be a credible end to the lack of clarity over the issue of banning what was once a popular food product. The contradictions in and vacillation over dealing with an important issue of food safety and consumer rights will only damage the country’s image. Why should there be a series of opinions over safety standards of the same product? It’s unfortunate that consumers do not have authentic sources to depend upon and are forced to search for information about what is permitted in the West. The case shows that the setting up of centrally controlled and coordinated food standard laboratories are a necessity. The government has to expedite standardisation measures.

Nibras K.T., Manjeri, Kerala

Guwahati lab terms instant noodle sample as 'misbranded'

Three days after the Bombay High Court's order, a Guwahati laboratory which tested samples of an MNC instant noodle product from Mizoram termed it as 'misbranded', state Joint Director (Food and Drugs Administration) Lalsawma today said. 

Lalsawma told PTI that the samples from Mizoram were sent to the Assam Public Health Laboratory in Guwahati and the results were recently received in Aizawl in which Mono Sodium Glutamate (Ajinomoto) was found. 

"While the MNC major claimed that the instant noodle packages did not contain Mono Sodium Glutamate, the laboratory tests came out positive of the chemical," he said, adding that the laboratory labelled the samples from Mizoram as 'misbranded'. 

The report of the laboratory would now be sent to the Food Safety and Standard Authority of India(FSSAI), he added. 

The reports came in the wake of the Bombay High Court on Thursday setting aside the Food Safety and Standards Authority of India (FSSAI) ban order on Maggi noodles and having told the food authority to justify the ban on six variants of the product. 

However, Nestle will not be able to sell its marquee product just yet, the court had ruled, adding that preserved samples will now have to be tested in three different labs located in Jaipur, Mohali and Hyderabad in a span of 6 weeks. 

The company will have to send five samples of each batch to three food testing labs and will not be allowed to either manufacture or sell until the tests are completed, the HC order stipulated. 

The FSSAI had found high amounts of lead and traces of MSG in Nestle's Maggi and on June 5, and ordered a ban on the noodles that was quickly followed by Maharashtra FDA. Monosodium glutamate (MSG) is a flavour enhancer added to various packaged food items.

Kochi’s abattoir of shame

Officials of the Department of Food Safety and Standards had refused to grant a licence to the slaughterhouse at Kaloor.

It has no basic hygiene, cleanliness or waste management, according to K.V. Shibu, Assistant Commissioner of Food Safety, Ernakulam. No scientific slaughter procedure is followed there, he added.

The city Corporation’s slaughterhouse at Kaloor, from where much of Kochi gets its meat, may be a potential health hazard.

A stop memo issued by the Kerala State Pollution Control Board and even a terse High Court direction have not been able to force the Corporation to ensure that abattoir has at least some basic food safety standards in place.

Officials of the Department of Food Safety and Standards, the licensing authority, had refused to grant the slaughterhouse a licence because of its horrendous condition. It still has no basic hygiene, cleanliness or waste management, according to K.V. Shibu, Assistant Commissioner of Food Safety, Ernakulam. No scientific slaughter procedure is followed there, he added.

“Yet, the slaughterhouse continues to function only because the Corporation argues that the public will be denied their daily meat if it is closed,” said advocate Basil Attipat who had moved the petition by the Thanneerthada Samrakshana Samithy, Kaloor.

The Samithy had petitioned for closing it down and re-locating it to the city outskirts. But, the Corporation has not been able to find a suitable place to relocate the slaughterhouse for the last two decades.

According to Mr. Attipat, over 150 heads of cattle are being slaughtered on an average in the city per day, but the records at the slaughterhouse usually log a tally of less than 50.

This means that the rest of the meat distributed in the city is of animals slaughtered elsewhere, usually in crude and unscientific ways, he said.

The closure of the slaughterhouse in Kaloor will therefore entail stoppage of the meat supplied to various outlets from other illegal sources.

The blood and other solid bio-waste from the slaughterhouse go into the Perandoor Canal. “The Corporation, which closes its eyes to such blatant pollution, instead keeps spending its funds to clean up the canal,” said Mr. Attipat.

PCB officer Vijaya Devi said the slaughterhouse only has a partly working bio-gas unit. No rectifications have been attempted on it.

The Corporation’s health standing committee chairman T.K. Ashraf told The Hindu that the functioning of the slaughterhouse was not up to the mark. But the issues would be rectified soon, he said.

DNA Editorial: A ban revoked

The Bombay high court order revoking the ban on Maggi noodles has come as a major embarrassment for India’s food regulator, the Food Safety and Standards Authority of India (FSSAI) and the Indian government. The government’s discomfiture is more pronounced given the series of flip–flops it went through in the period leading to the court order. The order came just a day after the consumer affairs ministry cleared a proposal to sueNestle India for Rs640 crore for allegedly misleading consumers with false claims. The judgment faulted the FSSAI on multiple counts for violating due procedure as enshrined in the Food Safety and Standards(FSS) Act. The court order noted that the samples were not collected in accordance with the Act’s provisions, Nestle officials were denied a proper hearing, and that the samples were not tested at accredited laboratories and hence the results could not be relied upon. Further, the court questioned the need to impose the ban when Nestle India had decided to recall all Maggi packets from the market. The court also disapproved the FSSAI ban on all variants of the Maggi product when only three variants allegedly revealed impermissibly high lead content and the other variants were not even tested.

The court has directed Nestle to send samples in its possession to three accredited laboratories for testing to satisfy the FSSAI that the lead content is within permissible levels before it can renew operations. The FSSAI has reason to feel aggrieved as it had pressed for sending the samples in its possession rather than the ones in the company’s possession. However, the company managed to convince the court that the authenticity of the samples in the FSSAI’s possession could not be guaranteed as it had already violated the FSSAI Act’s provisions on sampling. Even the FSSAI’s lawyer’s attempts to cite examples of similar allegations against Nestle in other countries by presenting articles downloaded from the Internet boomeranged spectacularly. The court ruled that FSSAI was “also influenced by extraneous considerations” in imposing the ban on Maggi noodles. This is rather harsh because the lawyer’s zeal to win the case for a client cannot be linked to the ban which happened before the matter even reached the court.

Rather than be disheartened by the verdict, the FSSAI must learn the right lessons from this debacle. Represented by some of India’s top lawyers, Nestle India was able to puncture holes in the FSSAI’s handling of the samples and their testing. Nestle argued that the laboratory testing the samples was not NABL-accredited and recognised under the FSS Act. The company’s lawyers also questioned the absence of batch numbers, manufactured date, and other particulars in the test reports. Even the quantity of sample tested at the lab was greater than what a Maggi packet could contain, which indicated that samples were taken out of sealed envelopes and then sent for testing. Nestle contended that this violated the FSS Act which stipulates that the food as found in a packet must be sent for testing and the entire packet must be sent for testing in an unopened condition.

FSSAI has only itself to blame for not paying attention to details, due procedure, and quality infrastructure. If the FSSAI and state and central governments are serious about checking food adulteration, they cannot operate in a cavalier fashion. The FSSAI claimed to have collected 32,389 samples between April and September 2014, found 4,924 non-conforming samples, and launched 933 criminal and 2,785 civil prosecutions. These statistics, while impressive, must face greater interrogation, considering that the regulator has failed its biggest test — against a well-healed corporate — on a rare occasion when it came under public gaze. Merely pandering to populism and outrage will not do; without adherence to procedure and quality standards such faux pas are bound to repeat.