GoI approves fat standards of cow milk in Punjab

NEW DELHI : On the personal intervention of the Punjab Chief Minister Parkash Singh Badal, the Government of India (GoI) has finally approved the long pending proposal of state government to allow parity in the fat standards of cow milk in Punjab with other states across the country thus bringing it down from 4% to 3.5% as permitted in rest of India by the Food Safety and Standards Authority of India (FSSAI).

Taking part in the deliberations,Nadda informed the Chief Minister that the issue related to bringing the prescribed fat standards of cow milk in Punjab, Haryana and UT Chandigarh at par with other states of the country has been cleared by the task force group on milk and milk products constituted by the FSSAI.

The Union Minister further said the final notification in this regard would be issued by the Ministry of Health, GoI within two months after getting green signal from the World Trade Organization (WTO) as it was mandatory under the prescribed rules & regulations for the Ministry to seek its nod prior issuing a notification.

The Chief Minister said that this path breaking decision would go a long way in giving a major boost to the Dairy sector and offer a level playing field to the dairy farmers in the state.

KUNGUMAM MAGAZINE

No FSSAI role in product nod raises eyebrows

Maggi noodles were recalled, following an order by FSSAI in JuneThe Food Safety and Standards Authority of India (FSSAI) has stated it would not continue with the process of product approvals, citing a Supreme Court order, thereby allowing food and health care products to be launched freely in the market.

The FSSAI notification said, “It is no longer possible for the FSSAI to continue with the process of product approvals, which was facilitated through the advisory dated May 11, 2013, in view of the order dated August 19, 2015, of the Supreme Court, whereby the judgment and the order dated August 1 of the Bombay High Court has gained finality and the said advisory has ceased to remain operative.”

Food companies have been upset with the regulator for delayed approvals and vetting. The industry’s concerns peaked after the FSSAI in June ordered the recall of Nestlé India’s Maggi noodles. The Bombay High Court earlier this month asked Nestlé to have its instant noodles tested in three accredited laboratories.

A LITTLE RELIEF?

Experts believe market launches can now happen seamlessly and quickly if FSSAI is removed from the process

Food companies have been upset with the regulator for delayed approvals and the vetting process that they had to go through

Asked to interpret the notification issued last evening, an FSSAI official said, “Companies understand the law very well, in fact better than us.” He added the food companies’ battery of lawyers could interpret the law for them. Most food and health care companies feel with the FSSAI being removed from the process of product approval, market launches will now be quick.

R K Sanghavi, chairman, neutraceutical sub-committee, Indian Drug Manufacturers’ Association of India, said, “With the product approval advisory of May 2013 scrapped, companies go back to what existed before it was issued, which means they can launch products without any delay.” Sources said health supplements like Ranbaxy’s Revital and food and dietary supplements from Herbalife and Amway were waiting to make their way back into the market after the Supreme Court verdict. The FSSAI had rejected these products citing health and safety risks. 

V A Savangikar, a Mumbai-based food expert who advises companies, said the Food Safety and Standards Act, 2006, was complete enough to permit food and health care launches.

“The 2011 regulations that operationalise the 2006 Act are detailed and if there is any ingredient outside its purview, companies should write to the FSSAI providing a detailed explanation of why it is included. If there is an issue, the FSSAI will revert. If not, the company is free to launch the product,” he added.

Asked if the regulator could order recall of contaminated or adulterated items in the new arrangement, the FSSAI official said, “Recall is the obligation of the companies concerned.” The FSSAI had ordered a nationwide recall of Maggi noodles as samples were allegedly found to contain monosodium glutamate and excessive lead.

Asked what the FSSAI’s new role would be, the official said, “We will act according to the law, whatever the notifications permit us to do.” On moving the Supreme Court against the Bombay High Court verdict on Nestlé, the official said, “There is no decision yet.”

FSSAI scraps existing approvals process, move leaves industry confused

The food safety regulator has done away with process of product approvals in line with a recent Supreme Court order and now plans to reintroduce the procedure through regulations.

NEW DELHI: The food safety regulator has done away with process of product approvals in line with a recent Supreme Court order and now plans to reintroduce the procedure through regulations. 

The move, however, has left the industry confused about pending applications and new product launches. 

The Food safety Standards Authority of India (FSSAI) in a circular said, "It is no longer possible for FSSAI to continue with the process of product approvals, which was facilitated through the advisory dated 11 May 2013, in view of the order dated 19 August 2015 of the Supreme Court, whereby the judgement and the order dated 1 August of the Bombay High Court has gained finality and the said advisory has ceased to remain operative." 

The court ruled that the process introduced through an advisory had no legal standing and asked FSSAI to get the government to change the regulations to enact the procedure. 

In its circular FSSAI said, "Every endeavour will be made to expedite the regulations governing Section 22 products." 

Products specified under Section 22 include food supplements, food for special dietary uses and functional foods. 

While the move to quash the advisory was welcomed, industry association All India Food Processors Association (AIFPA) has raised concerns over lack of clarity on what will happen to pending applications and new product launches as it will take some time for the regulation to be put in place. 

"The regulator is now trying to convert the advisory on food approval into regulations but this will take some time," said Amit Dhanuka, president of AIFPA. 

"There is no clarity on what will happen till then. FSSAI did not clarify on new product launches or applications which are already in the pipeline. It may be the case that product launches may not be allowed at all until a fresh regulation comes in," he said. 

Under the earlier regime, product approval was required only if there was a new ingredient or additive being introduced. 

ET VIEW: Needed, Clarification by FSSAI The food regulator has been constrained by the Supreme Court to upgrade its advisory on food product approvals to a regulation. What are food companies supposed to do in the interim? Hold all new product launches? Launch products anyway? The regulator should clarify what food companies should do, on the applications already in the pipeline and will accumulate till new regulations are framed. Launching on trust would be a good idea, with the FSSAI cracking down on any product that it finds harmful, ex post, with heavy penalties that consumers can augment with class action suits.

Fest Food Stalls Face Safety Raids

THIRUVANANTHAPURAM: The special squads under the commissionerate of food safety on Thursday carried out extensive inspections at the temporary food courts opened at Kanakakunnu Palace premises, as part of the week-long Onam celebrations. Street hawkers from Tamil Nadu and other states are the primary concern of the food safety authorities as none of them has a licence, identity or registration. Scores of visitors who arrive at Kanakakunnu to enjoy the illuminated palace and festival areas are depending on the temporary food courts at the Palace premises. 

A food safety official, who took part in the raid, said that a couple of notices were issued to the vendors running food stalls to get the licence and registration from the food safety department. "We inspected around 15 shops and the conditions are satisfactory. 

But the street hawkers are an issue. They sell food items in mobile carts and do not have any licence or registration," said the official. He said that inspections would be held every day.

Product approvals to take longer: food companies

Food manufacturers and importers are unsure how to interpret the FSSAI’s statement that it had decided to scrap product approvals

Over the last two years, the FSSAI and companies have been increasingly at loggerheads as the regulator withheld product approvals. 

Food manufacturers and importers are unsure how to interpret the Food Safety and Standards Authority of India’s (FSSAI’s) statement that it had decided to scrap product approvals, after the Supreme Court on 19 August questioned the procedures followed by the FSSAI for granting such approvals.

Companies are of the opinion that it may now take longer to launch new products as the food regulator may fall back on the old procedure for product approvals for non-standardized products which come under section 22 of the FSSAI Act 2006.

“Product approvals will now be further delayed,” said Siraj Chaudhry, chairman, Cargill India Pvt. Ltd which markets the Leonardo range of olive oils, Gemini, NatureFresh, Sweekar, Rath and Sunflower Vanaspati oils in India,

The advisory of May 2013, which is now being revoked, was made to accelerate the old product approval process, he said.

The FSSAI has also shut down the facility on its website for product approval, creating more confusion as to how new products are to now be launched.

“We are unsure whether only standardized products will now get approval,” said Nagarjan S, managing director, Mother Dairy Fruit and Vegetable Pvt. Ltd.

There are only about 320 standards which govern standardized food items and the advisory of May 2013 was made to get approvals for non-standardized food items, he said.

According to FSSAI, the standards cover close to 95% of the food items available in the country. The remaining 5% come under proprietary food which are non-conventional food products or products for which the standards have not been defined.

This section also looks at food items being introduced for the first time in India. Even food items like Nestle India Ltd’s Maggi which noodles, which was recently banned by FSSAI for allegedly containing monosodium glutamate and excess lead until the Bombay high court reversed the order, came under the proprietary foods section.

Over the last two years, the FSSAI and companies have been increasingly at loggerheads as the regulator withheld product approvals.

For instance, Tata Starbucks Ltd, a joint venture between Tata Global Beverages Ltd and Starbucks Coffee Co., in April 2014 filed a case in the Bombay high court for not getting product approvals from the regulator. The case got disposed of in February 2015. However, over 30 of the company’s products are yet to get approvals; these include sauces, toppings and puddings.

The Supreme Court order upholding a Bombay high court decision to quash an advisory issued by FSSAI on the procedure for product approvals could also mean that companies no longer need product approvals and can launch their products faster. How it is implemented is still to be seen.