HC judgment on food products opens a can of worms

Is it the duty and responsibility of the government to prevent the sale of substandard food items in the market? Or as a consumer, is it one’s own choice and responsibility to ensure that one does not buy substandard food items, which might very well be available in the market?

Is it legal to sell a food product even if it is substandard as long as it does not pose a serious health hazard?

A recent judgment passed by the Kerala High Court, setting aside a ban imposed by the Commissioner of Food Safety on the manufacture, sale, and distribution of the Nirapara brand of chilly, turmeric, and coriander powders, as these contain extraneous starch and thus do not conform to the standards, seems to have opened a can of worms.

Commissioner T.V. Anupama issued the ban order on the Nirapara brand of spices, manufactured by KKR Food Products, Kalady, on September 3, under relevant provisions of the Food Safety and Standards Act 2006 (FSSA) to protect the interests of consumers. The ban was imposed, as after several notices sent under Section 46 (4) of the FSSA, adjudications filed and fines imposed from Rs.10,000 to Rs.5 lakh, the manufacturer continued to sell the adulterated product.

Since September 2013, at least 34 cases of the same nature had been registered, 25 of which are currently pending before adjudicators in different districts in the State.

In the petition filed by the manufacturers, the High Court, however, chose to focus on the question, “whether there were any health risks warranting immediate action” (ban). It held the Commissioner can ban the food item only if there exists a health risk and if the said item is unfit for human consumption.

The judgment says that a “substandard item can also be sold, provided the consumer knows what is contained in it” and that “there is no provision to prohibit the manufacture or sale of substandard food products which are safe for human consumption”.

It says that “the court is of the view that there are clear findings that the petitioner’s products are substandard” but that in future in such cases, the Commissioner is free to take measures to alert the public about it or to cancel the licence under Section 32 (3) of the FSSA.

The Hon'ble High Court of Bombay mandated three NABL accredited labs to test five samples of each variant of MAGGI noodles for lead. 100% of these samples cleared these tests as lead was found to be well below permissible limits. Please click on the image below for the test results.

Will the government move an appeal?

“As per Section 26 (2) of the FSSA, no food business operator can manufacture or sell any article of food which is unsafe or substandard or contains extraneous matter. Also, as per Section 36 (3) (b), the Commissioner of Food Safety can prohibit the sale of any food item which is in contravention of the provisions of the FSSA.

“However, the court has now ruled that unsafe or substandard food can be sold but that the consumer can choose not to buy it. There is a clear legal conflict here and, hence, the matter has been referred to the government. It is up to the Health Secretary now to decide if the government should go on appeal against the HC decision,” official sources at the Food Safety Department told The Hindu .

“The judgment in effect means that it is perfectly legal to sell substandard food as long as it is not dangerous to human health. This is a dangerous statement which strikes at the very root of the FSSA, an Act that was formulated to protect consumers from the hazards of unsafe/ substandard food,” they pointed out.

Congress MLA V.T. Balram has written to the Chief Minister pointing out the discrepancies between the FSSA and the HC judgment and the long-term dangerous consequences that could result if the court is not apprised of it.

Appeal to Chandy

Mr. Balram appealed to the Chief Minister to ensure that the government files an appeal immediately against the HC judgment.

'Nirapara Brand Safe for Consumption'

KOCHI:The officials of KKR food products, which bring out products under Nirapara brand, said that the company keeps in mind the health concerns of the consumers while bringing out their goods and steps have already been taken to ensure quality.

In a press conference, Nirapara chairman K K Karnan pointed out that Kerala High Court order revoking the ban on Nirapara brand of chilly, turmeric and coriander powders is a vindication of the stand taken by the company. Nirapara spices are being sold in other parts of the country and being exported to various countries including Gulf, USA and Europe which have stringent food safety laws. Not a single complaint has come from these countries so far. Moreover, it is impossible to get market entry in these countries without ensuring quality. 

The Commissioner of Food Safety can order a ban under section 34 of the Food Safety and Standard Act only if the product is found unsafe for human consumption.

But as Nirapara spices were not found unsafe for human consumption, the court made it clear that the ban order by the Commissioner was null and void, Karnan pointed out. Nirapara vice chairman Biju Karnan was also present.

More than 200 liters of bad milk thrown in gutters by FSDA before dussehra

AGRA: More than 200 liters of pungent smelling sour milk was thrown in gutters by team of Food Safety and Drug Administration (FSDA) on Monday in Kheragarh tehsil of Agra.

A team of FSDA led by designated officer Ramnaresh Yadav conducted surprise raid at a private (Goel dairy) chilling center in Kheragarh tehsil and found large quantity of adulterated milk which was about to be dispatched in Agra city. In last 20 days, FSDA destroyed 5500 liters of milk from Kheragarh tehsil and collected eight samples of milk.

It may be mentioned here that nearly 40 kilometers away from Agra city Kheragarh tehsil is a huge market for synthetic/adulterated milk production, a stronghold of the 'milk mafia'. The adulterated milk industry gets especially active a few weeks before any festival.

Speaking to TOI, chief food safety inspector Ramnaresh Yadav said, "We got an input about adulterated milk being ready to transfer in Agra city. We found 200 liters of pungent smelling sour milk being mixed with hydrogen peroxide to improve the quality of raw milk."

"We have sent four samples of the milk, once the report of the samples comes we will book the duo as per FSDA rules."

Understanding safe levels of pesticides

The recent government report on Monitoring of Pesticide Residues at National Level: Annual Progress Report (April, 2014-March, 2015) has witnessed publication in various media, albeit with their own interpretation.

While the government has been transparent in sharing the results of the study, the report itself is a scientific one that is amenable to various interpretations.

Often, pesticide residues on food are interpreted as dangerous and life threatening. However, the fact is that these residues are benchmarked with Maximum Residue Limits (MRL), which is the maximum amount of pesticide residue that is legally permitted on food product having no or negligible impact on human health.

In India,the Food Safety and Standards Authority of India (FSSAI) fixes MRL, for each pesticide that is registered based on stringent evaluation of independent scientists. The MRLs act as indicators for the correct use of pesticides.

The government’s report shows that out of the samples of vegetables, fruit, and selected food items collected from various markets, including organic outlets located at different parts of the country and tested in government labs, 2.6 per cent of the samples exceeded MRLs. This is also buttressed by an ICAR report which observes that only 2.6 per cent of the samples exceed MRLs. However, interpretations of these results need introspection.

Farmers in the country, including small farmers, are intelligent and quick to adopt new technologies in crop protection. But, some of them also tend to practice these techniques and use these products incorrectly. It is important to note that residues occur due to incorrect use of pesticides in a manner that is not conforming to the label recommendations.

Today, farmers have the option to go for a number of newer, safer and far less toxic chemistries introduced over the years. There are also many initiatives which are underway on training farmers on safe and judicious use of pesticides.

The government has also launched the ‘Grow Safe Food’ campaign based on the five essential principles of judicious pesticides use – application of pesticides on the right crop, against specific pests for which the pesticide has been approved, at the right time, in approved doses, and as per approved method of application.

Despite this, residues continue to show up. While it is not argued that food containing higher MRLs are not good to eat, at the same time, it doesn’t pose a grave risk either. 

For instance, in the EU, during the year 2013, out of the 80,967 samples tested by the European Food Safety Authority, 2.7 per cent of the samples were found to have residues above MRLs. This does not mean that food produced in Europe is unsafe to eat.

Setting MRL standards

According to the European Food Safety Authority, “MRLs are often set at levels far below toxicological limits. Furthermore, the presence of pesticides in food at a level exceeding the MRL does not necessarily imply a safety concern.”

India’s pesticide regulator, the Central Insecticides Board and Registration Committee, after stringent evaluation of their efficacy and human safety, registers pesticides for use on specific crops, for specific pests and in a prescribed manner.

All of these instructions are clearly mentioned in the labels and leaflets available inside the pesticide packets sold through licensed dealers.

To quote the UK Food Standards Agency, “Pesticide residues are the very small amounts of pesticides that can remain in or on a crop after harvesting or storage and make their way into the food chain. Not all foods contain pesticide residues, and where they do occur they are typically at very low levels.”

Therefore, it is important to present the right interpretation of residue data and a balanced view of its impact on human health. If not, such reports can create chaos, impacting food production and food security on one hand and scaring the consumers on the other.

Our farmers toil hard to produce more and keep the nation well fed, and crop protection chemicals are a very important tool in their hands to protect their valuable crop from huge losses to innumerable pests.

(The writer is CEO, CropLife India)

Junk food ban won't solve problem: Schools

GURGAON: When the Food Safety and Standards Authority of India (FSSAI) proposed guidelines to restrict sale or availability of food high in fat, salt or sugar within 50m of a school's premises on October 16, Gurgaon schools welcomed the move. But a few days down the line, most schools feel a ban is not the solution for the 'junk food' problem. Rather, they say it might tempt kids more towards junk food options. Besides, some felt such an order would make crafting a menu suitable for international students more difficult.

Schools also feel there is confusion over what constitutes 'junk food'. For instance, most 'Indian' items on the menu have a very high fat content, automatically qualifying them as junk. "The problems with the definition of junk food is - if we ban chips but allow aloo bhaji, a very common tiffin item - the purpose is defeated," said Rupa Chakravarty, principal, Suncity School.

Several city schools have a good percentage of immigrant students, whose food choices are completely different from that of the average north Indian child. "For Korean kids, noodles is a staple. We have many Korean, Japanese and Chinese students in our school. Restricting noodles or pasta as junk is completely unfeasible," said Sudha Goyal, principal, Scottish High School.

FSSAI's guidelines on banning junk food - burgers, chips, aerated drinks, ramen noodles, pizzas, burgers and sweetened drinks - in and around schools were meant to promote healthy eating in schools. "We serve wheat bread burgers in our canteen with a soy patty. How does that qualify as junk?" said principal Aditi Misra of DPS, Sector 45, adding that the idea of eating healthy extends beyond schools. "It's alright to let a kid enjoy once a while. A ban will only tempt them more," she said.

Students feel while schools should have a healthy menu, they need the freedom to pick their food.

"While we are served chips and burgers in school, it's only once in a while. I don't want that taken away. The school already restricts such items to once a week/fortnight," said Deveshi Malhotra, Class VIII, Scottish High.

"Students, as well as parents, need to be educated about the benefits of healthy eating, so they can make an informed choice rather than blindly banishing certain items," said Shalini Nambiar, principal, Gems International School.

Many big city schools have kitchens and canteens of their own. Most do not serve aerated drinks, but chips and burgers are sometimes available.

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Maggi on way back; in 2 States now, rest shortly

Five months after Maggi faced a countrywide ban, Nestle India’s instant noodle brand has staged a comeback in Karnataka and Gujarat.

The move by the two State Governments to allow the sale of the popular instant noodle brand comes after Maggi samples cleared quality tests in the three laboratories designated by the Bombay High Court.

However, the country’s top food regulator, Food Safety and Standards Authority of India (FSSAI), is yet to take any decision to lift the ban it had imposed on its sale, alleging that it contained lead beyond permissible limits.

“Gujarat Government’s Food and Drugs Control Administration (FDCA) lifted the ban on the sale of Maggi noodles in the State on Monday and the maker of the instant food can now sell the edible product in Gujarat. We took the decision based on the court’s order,” FDCA Commissioner HG Koshia said.

“Despite no ban on sale in Gujarat since August, Maggi is not yet available as Nestle is learnt to be waiting to clear all tests by the three laboratories suggested by the Bombay High Court,” said a senior official in Gujarat’s Health Department.

The Karnataka Government too has lifted the ban on Maggi noodles in the State. State Health Minister UT Khader said that the production of the instant noodles in the State will begin soon.

Khader added that there was no clarity from the Centre on why the ban on sale of Maggi should prevail.

Making an announcement on lifting the ban on Maggi, Khader said as none of the food testing laboratories has quantified the extent of lead and monosodium glutamate (MSG) content in Maggi, the ban was withdrawn with immediate effect. However, Khader said that the department would not allow marketing of old stock in the market. “Only fresh product would be allowed in the market after testing,” he clarified.

Maggi noodles were banned in the country by different State Governments earlier this year for alleged discrepancy in quality and quantity of ingredients. The FSSAI had tested Maggi samples collected from different States in the wake of Uttar Pradesh’s

Food Safety and Drug Administration (FSDA) finding monosodium glutamate and lead in excess of the prescribed limits in the popular snack.

Gujarat’s FDCA had also claimed that all 27 samples collected from different parts of the State had failed the tests as lead content was found above the prescribed limit in 14 samples while monosodium glutamate, which should not be there at all, was found in all the samples.

The Gujarat Government had banned the sale of Maggi for a month beginning June 6 which was extended by one more month till August.

Following the ban, Nestle India had approached the Bombay High Court challenging the FSSAI’s decision after which the court had asked the company for fresh tests of its food products.

K'taka lifts ban on Maggi, with rider

BENGALURU: The Karnataka government on Monday lifted the ban on Maggi noodles, with a rider: a nationally accredited lab will test the new batch before its sale is allowed in the state. 

The government's move comes two days after the Nestle samples passed the tests in three laboratories designated by the Bombay high court. Health minister UT Khader announced the government's decision to rescind the ban. Asked if the government was in a hurry to recall the ban, the minister said their decision was inspired by the Bombay high court judgment. 

Nestle has a manufacturing facility in Nanjangud, near Mysuru, which stopped production of the instant noodles following the ban. The company has plans to expand its Karnataka unit. 

Khader said the Maggi ban, imposed four months ago, lacked clarity on many grounds. Soon after the Food Safety and Standards Authority of India (FSSAI) order, he said they decided to test the samples at a private laboratory in Bengaluru. Later, they sent samples to the Central Food Laboratory in Kolkata. 

"Having received two contradicting reports (the CFL suggested an increase in permissible limits of lead), we sought a directive from the FSSAI four months ago. We've failed to get any response so far," Khader added. 

He claimed that the Centre advised FSSAI's Karnataka officials against sending Maggi samples to a third-party laboratory in a neutral state as the matter was pending before courts in many states. He called the Centre's Maggi ban order "immature", and didn't want Karnataka to be a party to an "irresponsible" decision. 

Karnataka banned Maggi on June 5 following nationwide fear that levels of mono sodium glutamate and lead in the noodle packets breached limits. 

Nestle has said the product will hit the stores in 2-3 weeks after it restarts manufacturing and will sell "only after the newly manufactured products are cleared by the designated three laboratories".

They will soon be able to carry their favourite snack in tiffin box

Students, the most loyal patrons of Maggi noodles, will probably be glad that they will finally be able to carry their favourite snack in their tiffin boxes. School managements, who had issued circulars saying that children were not allowed to bring the noodles after the State government imposed a ban on it, have now decided to withdraw them.

D. Shashi Kumar, general secretary, Associated Managements of Primary and Secondary Schools in Karnataka, said that the school managements had no right to restrict its consumption as the State government had lifted the ban and it had cleared tests.

Healthy food

“We want the children to eat healthy food but the parents are the ones who will have to make the choice now and decide what their children should eat,” he said.

Manilal Carvalho, principal, DPS Bangalore East, said that making Maggi noodles would sometimes be helpful for working mothers or when parents were in a hurry.

“We will not encourage kids to bring Maggi noodles. But if a child chooses to bring it occasionally, it should not be a problem as the ban has been lifted,” she said. However,

Priya A., a parent, said, “After all that controversy around Maggi noodles, I feel it is better to avoid its consumption. There are various quick fix dishes that I can cook and I will stick to them and avoid Maggi,” she added.

School managements in the State to allow students to carry Maggi noodles

Nestle India planning Diwali comeback for Maggi

A senior Nestle official added that the company is activating its supply chain and moving as fast as it can towards getting Maggi back into the market.

Having weathered the storm over quality concerns regarding its flagship Maggi noodles, Nestle India is eyeing a Diwali comeback. The firm is busy visiting plants of various vendors, collecting samples and asking them to increase their manpower to keep their factories hygienic.

While Nestle got a reprieve in August when the Bombay High Court lifted the nationwide ban on sale of Maggi, the firm’s plans received a booster on Monday when Gujarat Food and Drug Control Authority and the Karnataka government decided to lift the ban on sale of the product.

Two vendors of Maggi told The Indian Express that Nestle’s officials from the quality department visited their plant over the last week.

“They collected samples for testing and asked to beef up manpower as headcount was significantly reduced following the Maggi fiasco. They also asked us to fumigate the plant and get it ready from a

hygiene point of view,” said a vendor of Nestle’s Maggi.

He also said that the officials hinted that if everything goes smoothly then, “By Diwali Maggi should be in the market.”

A source further said that company officials are visiting vendor units across its five plants and asking them to prepare their factories as they were not operating fully for the last five months.

A senior Nestle official added that the company is activating its supply chain and moving as fast as it can towards getting Maggi back into the market.

Sources close to the development said that as per the Bombay High Court’s decision Nestle will have to first manufacture samples, get them tested and seek a final verdict from the court to start selling in the market. Also, since high courts across states had asked Nestle India to stop the sale of Maggi within the respective state, the company will have to file a petition with the state high court along with the copy of the Bombay High Court verdict and seek clarity.

Only after it gets the approval, it can go ahead and start selling Maggi noodles within the state.

On Monday, while the Congress government in Karnataka decided to allow manufacture and sale of Maggi noodles in the state and said that it decided to withhold the Centre’s directive banning it as it lacked clarity.

Even the Gujarat Food and Drug Control Authority (FDCA) lifted the ban on the sale of Maggi noodles.

The two states had banned the sale of Maggi for a month in June after the lead and monosodium glutamate levels in the product were found to be above the prescribed limits.

States in India begin to lift Maggi ban

State governments of Karnataka and Gujarat and India lifted on Monday ban on Maggi after the popular instant noodles passed all three tests conducted on orders of the Bombay High Court.

Maggi was banned in several Indian states earlier this year after impermissible limits of Monosodium Glutamate (MSG) and lead was found in the product.

“Gujarat’s Food and Drugs Control Administration (FDCA) had lifted the ban on Maggi in Gujarat during August after the Bombay High Court passed an order to lift the ban across India. We took the decision based on the court order,” said FDCA commissioner Koshia.

However, the Maharashtra government still opposes the court ruling, and has appealed against the Nestle product in Supreme Court.

The court sent 90 Maggi samples to laboratories to be tested, and the results came in favour of the product.

Additionally, tests conducted in countries, including the UK, USA, Singapore, Australia and others have found Indian-manufactured Maggi noodles safe for consumption.