Nov 30, 2015

Nestle resumes Maggi noodles production at all five plants in India

Nestle, which relaunched Maggi noodles on 9 November after a 5-month ban, resumed production at its Tahliwal plant in Himachal Pradesh
New Delhi: Nestle India Ltd on Monday said it has resumed production of Maggi noodles at all five facilities in India.
Nestle, which relaunched Maggi noodles on 9 November after a five-month ban, has started production of Maggi noodles from its Tahliwal plant in Himachal Pradesh. Nestle manufacturers Maggi noodles at its plants in Nanjangud (Karnataka), Moga (Punjab), Bicholim (Goa), Tahliwal and Pantnagar in Himachal Pradesh.
“The company has resumed manufacturing of Maggi noodles at its Tahliwal (Himachal Pradesh) factory. With this, the company has resumed manufacture of Maggi noodles at all five noodle manufacturing facilities,” Nestle said in a BSE filing.
In June, the Food Safety and Standards Authority of India (FSSAI) had banned Maggi noodles, saying it was “unsafe and hazardous” for consumption after finding lead content beyond permissible limits. Nestle India, which took a hit of `450 crore including destroying over 30,000 tonnes of the instant noodles since June when it was banned because of alleged excessive lead content, had stated that it would continue with the existing formula of the product and would not change the ingredients.
The consumer affairs ministry had also filed a class action suit against Nestle India, seeking about `640 crore in damages for alleged unfair trade practices, false labeling and misleading advertisements. It was for the first time that the ministry dragged a company to the National Consumer Disputes Redressal Commission (NCDRC) using a provision in the nearly three ­decade-­old Consumer Protection Act.

2 yrs on, food business operators wait for registration certificates

The health department is under scanner for receiving fees from hundreds of food business operators working in the rural areas of the district for mandatory registration under the Food Safety Act, but it failed to issue any registration certificate to them.
Operators were handed over receipts of depositing fees by health centres in their respective areas and were asked to show receipts if any health official visits their outlets for checking.
As the civil surgeon office was authorised to issue certificate to them but even after two years after depositing the money, operators are waiting for registration certificates.
Most business operators are shopkeepers, sweet manufacturers, bakery owners, flour mills owners belonging to Malsian, Shahkot, Lohian Bhogpur, Kala Bakra, Bara Pind and other adjoining areas, who had deposited `100 to `500 for registration between the period 2013 to February 2014.
As per the Food Safety and Standards Act, 2006, it is mandatory to have a licence for food business operators with an annual turnover of above Rs 12 crore, while those earning less than this amount must get a registration certificate.
A payment receipt of food registration issued by the health department to a general store owner at Malsian village. (HT Photo)

The registration fee is Rs 100 for the single year and the licence fee is Rs 2,000, Rs 3,000 and Rs 5,000 depending on the category of business.
HT went to Malsian, Shahkot and Kala Bakra areas and met food business operators who had submitted the requisite fees but yet to get certificate from the health department.
Sanjiv Kumar, proprietor of Laxmi General Store near Shahkot, said, “I had paid Rs 100 for one year registration on January 14, 2014 (a receipt shows) at the health centre but even after 23 months, no certificate was issued to me by the health department.”
Kumar told he used to inquire about the certificate from the health centre, but it gave only false claims of sending the certificate to him.
Joginder Pal, owner of Malli Sweet Shop in Malsian, told that he had deposited `200 at the health centre two years ago and also got a receipt of it, but he has not been issued any certificate by the health department yet.
When HT asked about the payment receipt, he said that it has been misplaced, but the department has not issued any official document.
“I had paid Rs 500 as registration fee for five years in 2013, but I have yet to get any registration document from the department,” Raj, owner of Pappu Bakery House, said.
Operators in other areas also complained of not receiving certificates even after paying fees.
HT also talked to several sanitary inspectors (SIs) in these areas, who were given the charge of asking food business operators for registration. Requesting anonymity, inspectors said that they had deposited the fees at the civil surgeon’s office at that time.
They added that they are helpless as they had themselves raised hue and cry with the senior officials but to no avail. They rued they are unable to tell about the status of their applications and fees.
Ramesh Kumar Hans, president, SIs association, said that his union is with operators and it would ensure them to get back their money.
Showing unawareness about this, civil surgeon Kailash Kapoor said it is a serious issue and if operators are not being issued registration certificates even after payment, the then district health officer (DHO) is responsible.
“I will call a meeting on this issue on Monday,” civil surgeon said, adding that operators should have also followed up their claims.
Food safety commissioner Hussan Lal said that the department would look into whole incident and he would ensure that those who have deposited fees, get registration certificates soon.

FSDA’s scheme to get your food item tested in Rs1,000 gets poor response

MEERUT: The Food Safety and Drugs Administration (FSDA) scheme by the state government that began in June this year is yet to gain traction in Meerut. As per the scheme, the laboratories are open to ordinary citizens - if someone is wary of a certain food item and wants it tested, he or she can submit a sample, pay Rs 1,000 and have it tested. So far, the scheme has got a poor response with only four takers from the city.
JP Singh, Chief Food Safety Officer, told TOI, "Only four items have been tested under this initiative - ghee, mustard oil, refine oil and namkeen. Out of these four samples, mustard oil was found substandard. Apart from mustard oil, all items were found up to the mark."
"Rs 1,000 is not a huge amount for a middle class person and the people who are taking benefit from this initiative are basically manufacturers who purchase food items in bulk. If a shopkeeper makes besan ladoos, he can get besan and ghee checked in the lab, and in case of any irregularity, he wouldn't face the wrath from the authorities," added Singh.
He further stated that the food sample test report cannot be used for legal purposes; it is only for their personal use. If the city residents find that the report for a certain food item is negative, they will have to ask the local authorities to conduct a fresh testing of the samples from that shop—which will invite a lawsuit if found negative.
When asked about the reason behind the scheme's poor response, Singh, said, "The government is not advertising it due to limited funds. Hence, most of the people are unaware about it."
You can get these tested:
# Milk and milk products # Oil and vanaspati # Fruits and vegetables # Cereals # Pulses # Sweets and confectionary items # Sweetening agents # Salt and spices; items manufactured using them # Tea/Coffee # Pan masala # Cooked food # Proprietary food

Conscious citizens walk food safety talk

LUCKNOW: From Vartika Singh of Miss India fame to madrasa student Rafia, people from all spheres of society walked for the cause of raising awareness towards importance of safe and hygienic food in the city, on Sunday. Organised by Confederation of Indian Industry in association with NASVI (National Association of Food Vendors of India) and consumer Body VOICE on Sunday, the WALKATHON was in alignment of Union Government's Surakshit Khadya Abhiyaan.
Guest of honor Vartika Singh flagged off the event and moved youngsters to spread awareness on the issue. "Safe, healthy and hygienic food is a basic human right and we at our end should ensure the food we eat is clean and safe. Youngsters can apprise the vegetable and food vendors in their vicinity about measures for safe preparation and handling of raw as well as cooked food," she said.
Raising consumers' awareness about food safety the speakers emphasised on shared responsibility of farmers, food industry regulators and consumers. Speaking to over 2,000 students present for the walk they appealed to them to make their family, friends and relatives follow the basic practices of food safety like washing hands before eating, cleaning properly raw food before it is cooked and making efforts to keep surroundings of eateries near them clean.
Students from 40 schools and colleges of the city along with guests pledged to contribute towards safe food for all.
Around 150 students from madrassas and Muslim orphanages participated in the trek. Listening attentively to the speakers, 15-year-old Iqra said, "I will explain this to my mother once I reach home. We all know the importance of clean food but at times we are ignorant about practices like washing hands before eating and avoiding food from vendors not following hygiene. From today I will follow it religiously," she said.

FSSAI should follow international standard: Harsimrat Kaur Badal"

As the food processing minister I have to answer a lot of questions when I travel abroad and to ask them to invest in India." 
India should open up vegetable and fruit retailing to foreign investors as this will help farmers get a better price while consumers will get cheaper rates, Food Processing Minister Harsimrat Kaur Badal said. She also said there was a fear psychosis and confusion in the industry after the controversy over Maggi noodles, the court order and the recent detection of impurities in packaged pasta in Uttar Pradesh. In an interview with ET's Madhvi Sally and Himangshu Watts, Badal said that if companies are in the wrong, they should be punished, but if inspectors are blackmailing companies and damaging them, strong action should be taken against them. Excerpts:

What is the mood in the food processing industry after the Nestle issue?
Figures clearly show that they have received a huge setback which we can't deny. The setback has been there in many ways besides what the Maggi issue did, even the courts declaring that FSSAI (Food Safety and Standards Authority of India) orders need not be followed anymore. So the industry is in a limbo. There is no clarity. So, of course, the industry is suffering and as per law, product approval is not required but as approval has been the norm for so many years, industry is not sure that if they go for it tomorrow what happens. So it much more important for FSSAI to create those protocols, transparent environment to what is needed and what is not.
You have an inside view of the government. Are things happening in that direction?
What I have been telling FSSAI is that we need to harmonise with international standard. So eventually we are looking at Make In India, it had to be in par with what is happening globally. So first step was that this product by product approval needs to be stopped, self-regulation needs to come in, transparent systems needs to be in place, so that a person producing knows what ingredient he can put in his product and the way it will be tested. FSSAI could go about monitoring the situation, rather than approving thousands of products which take a number of years to be on shelves. From 300 safety standards for food items put by FSSAI, they have now finalised 12,000 standards for food additives and ingredients, which are in harmony with Codex standard. Once this system is done, it eases the situation. It is a step in the right direction.
Another ministry says the class action consumer suit against Nestle will continue.
I can't comment on what another ministry is doing. At the end of the day everyone is trying to safeguard the people of the country and ensure what they are eating is safe and healthy. I don't know why they took this step. They must have their reason and I can't comment on it.
Once the court's order came, one thought the issue has been resolved.
As the food processing minister I have to answer a lot of questions when I travel abroad and to ask them to invest in India. Unfortunately, with Maggi being approved in so many countries and Nestle being such a worldwide company, throughout the world everyone heard about this Maggi episode. So it's important for us to get our product approval system act together in place.
Again there are reports that some inspector in Uttar Pradesh has found lead in Maggi pasta.
When I said that the industry is under fear psychosis, it is for this reason also. Any inspector getting up anywhere and with the level of corruption at all levels, it's worrisome. This was a sitting duck for anyone to walk into and say that I have found this and I will take it up and ban it (product). It happened in my state also. Luckily those people were able to get through to me as I could be approached. When we checked the issue, we found that someone (food inspector) was up to some mischief. That's why it is important if what this guy finds that pasta is not ok, there should be a lab to do that test in a specified time, in the correct form and if the person has taken a wrong call, he should be held responsible for misleading and spoiling the name of the brand. It takes a lot of time to build up the brand and the name of the product. Someone come and chuck muck at you which is proved to be incorrect, you have lost your business. End of the day whether it was Maggi or anyone else, they did lose business, even when court declared all was ok. There has to be absolutely transparent system in place.

Food safety regulator and industry at loggerheads again



The bone of contention is product approvals, which pharma and neutraceuticals companies say cannot be re-introduced through the regulation route
The Indian Drug Manufacturers' Association (IDMA) and Vital Neutraceuticals, a city-based company best known for challenging the Food Safety and Standards Authority of India's product approval advisory process, are set to write to the government highlighting what they say are "illegal" measures of the regulator.
At the heart of the matter are product approvals again, which the company and the IDMA fought to scrap last year. It was the verdict by the Bombay High Court in the Vital versus FSSAI case in 2014 that paved the way for the scrapping of the latter's approval advisory process by the Supreme Court this year. The apex court in its order dated August 19, 2015, had declared advisories as being arbitrary and hence illegal.
The FSSAI has adhered to this directive but has also indicated it will bring back approvals once regulations are done. It is this move by the regulator that the IDMA and Vital are seeking to quash.
"There is no question of getting the product approval process back again because food safety regulations are based on the Food Safety and Standards Act, 2006. And the Act does not indicate anywhere that food business operators should be subjected to a product approval process if they have used ingredients in their products as per law. If they are looking to get the product approval process back again, this time through the regulation route, then they will have to amend the Act. Because all food safety regulations are based on the Food Safety and Standards Act," said GV Kamath, director, Vital Neutraceuticals.
The company and the IDMA, which was a party to the Bombay High Court case last year, will write to the Prime Minister's Offifce (PMO) and the health and food processing ministries apprising them of the situation. The letter was expected to go out in the next week, Kamath said, in view of the "urgency of the matter".
Ashish Bahuguna, FSSAI chairman, when contacted today, said, "Once regulations are formulated, the process of approvals can be re-introduced." He did not disclose when this was expected. But sources said it could take up to a year.
Some food safety experts have questioned the regulator's stance, saying if the list of ingredients under the food safety regulations of 2011 is being expanded then why consider regulating product approvals.

A TALE OF PRODUCT APPROVALS
  • June 30, 2014: Bombay High Court terms product approval advisories issued by the Food Safety & Standards Authority of India as illegal Contention is that it is an arbitrary process
  • August 19, 2015: Supreme Court upholds Bombay High Court verdict
  • August 26, 2015: FSSAI issues notification, saying it will adhere to SC directive, but indicates at the same time that it would bring back approvals once regulations were done
  • November 2015: Vital alongwith Indian Drug Manufacturers Association, which was a party to the Bombay High Court case, saying will write to PMO, Health & Food Processing Ministries apprising them of the matter
The FSSAI is fast-forwarding the process of notifying guidelines for proprietary foods, health and dietary supplements, food additives and neutraceuticals. These items are not covered under the food safety regulations of 2011, which operationalise the Food Safety and Standards Act.
Almost 12,000 ingredients have been put up on the FSSAI website for comments from industry. Neutraceuticals and health supplement majors were given till November 11 to post their comments, while food companies have been given till early next month.
The 2011 norms cover 377 food items, implying these products are standardised and the rest are not. A thin list of standardised ingredients has led to the regulator-industry fracas.
The move to standardise additional ingredients, experts say, will also bring India up to international standards under Codex Alimentarius, a collection of internationally recognised standards, codes of practice, guidelines and other recommendations relating to food, food production and food safety.

Don’t learn it the hard way

There are several laws and regulations that prohibit false and misleading advertisements

Whenever you come across advertisements that you feel are misleading or false, you can complain on the website of the Union Ministry Of Consumer Affairs
Pushpa Girimaji 
I often see advertisements that are highly misleading and even blatantly false. As a teacher, I feel very concerned, particularly about advertisements pertaining to educational institutions that make false claims to attract students. Is there anything I can do in the matter? 
Yes, concerned citizens like you can do a lot to stop such advertisements and protect consumers, including students. Whenever you come across advertisements that you feel are misleading or false, you can complain online on the website of the union Ministry Of Consumer Affairs, provided specifically to deal with such complaints about advertisements. The website is http://gama.gov.in. The ministry forwards the advertisement to the regulator concerned for suitable action and follows it up. You can also track the status of your complaint online. 
I do not know if you are aware of this, but there are several laws and regulations that prohibit false and misleading advertisements. The Cable Television Network Regulation Act and Rules, for example, mandate that all advertisements transmitted through the cable television network adhere to the advertising code formulated under it. It also prohibits any advertisement that violates the Advertising Code for Self-Regulation formulated by the Advertising Standards Council of India (ASCI), a professional body of all those involved in advertising, including the advertisers, advertising agencies and the media. 
Similarly, the Drugs and Magic Remedies (Objectionable Advertisements) Act prohibits advertisements pertaining to drugs and magical cure and is enforced by the health departments in State governments. Likewise, all regulators, including the Food Safety and Standards Authority of India, Telecom Regulatory Authority of India, the Insurance Regulatory and Development Authority, Securities and Exchange Board of India and the Reserve Bank of India, have formulated regulations to curb false and misleading advertisements in the sectors they deal with. 
While all these laws are meant to curb such advertising, the Consumer Protection Act gives consumers the right to seek compensation for any loss or damage caused on account of such false and misleading advertisements. The law also gives the consumer courts constituted under it, the power to stop such advertisements and issue directions for corrective advertisements. The consumer courts have dealt with many such cases of false and misleading advertisements, including those issued by educational institutions and awarded compensation to the victims. 
As I said earlier, the ASCI also has a code of advertising practice and as part of its efforts at self-regulation, examines complaints against advertisements and asks advertisers to withdraw those found to violate the code. You can thus also complain online on the ASCI's website. 
In fact, I would recommend that you look at the ASCI's website, ascionline.org. The ASCI has a code for educational institutions and it would help you in your endeavor if you go through it. 
Can you quote a couple of cases pertaining to educational institutions with regard to their advertising
In Buddhist Mission Dental College and Hospital Vs Bhupesh Khurana and Others (Civil appeal no 1135 of 2001), the Supreme court came down heavily on the college 'for playing with the careers of students', resulting in the loss of two academic years and awarded a compensation of Rs 1 lakh to each of the eleven students who had filed the appeal. 
This was in addition to the relief given by the apex consumer court (the National Consumer Disputes Redressal Commission) which had directed the college to refund the fees collected from the students, along with 12 per cent interest and also pay Rs 20,000 as compensation to each of them. 
 In this case, the college had falsely claimed in its advertisement that it was affiliated to Magadh University and was recognised by the Dental Council of India. 
In Tesol India Vs Shri Govind Singh Patwal (RP No 2501 of 2010), the National Consumer Disputes Redressal Commission held the college guilty of unfair trade practice for promising 'guaranteed overseas jobs' in its advertisements and asked the college to refund the fee along with interest and costs of litigation to the six students who had lodged the complaint, saying that the promised jobs were not provided. In addition, the Commission awarded compensation ranging from Rs 7,500 to Rs 20,000 to the students.