Packaged food should carry expiry date: Consumer body

NEW DELHI: The country's apex consumer commission is in favour of changing the labeling norm of packaged food items and also wants the labeling to be simple for consumers to understand so that they can make an informed choice. To end any confusion in the minds of consumers, chief of the National Consumer Disputes Resolution Commission (NCRDC), has asked the food regulator to see whether the tag of "best before use" on products can be replaced with information on "expiry date".

While speaking at the consumer awareness day on Tuesday, Food Safety and Standards Regulatory Authority of India (FSSAI) chairman Ashish Bahuguna said consumers get influenced by "dazzling" advertisements and rarely look at the labels while buying products except going beyond their expiry date. "Even educated consumers do not read the label while purchasing food items...There is no awareness to check contents of the label."

Supporting the need to end confusion on issues to do with labeling, NCRDC president Justice D K Jain said safe and healthy food is a constitutional mandate and there have to be stringent provisions to check food adulteration. He cited how importers of packaged food items put a new barcode on the imported products.

On the issue of many products mentioning the 'best before use' tag, Jain said, "What does it mean? Is it fit for human consumption after six months? We don't know. Consumers are confused. What is sacrosanct about Best Before? Why not have only 'expiry date' on label?" he asked.

Justice Jain also highlighted how big companies are now focusing more on rural areas for greater sales and are depending more on advertisements to "exploit" the new market. Stating that government has a huge job to educate the rural consumers, he also highlighted how big companies are into rampant unfair trade practices. For example, clinical trials of many of the products such as toothpaste and fairness cream are being done abroad in different conditions though they will eventually be sold in India.

The NCRDC chief pointed out how the rural market is flooded with duplicate products often with telltale wrong spellings. "We have to have better enforcement mechanism to check such malpractices," he said.

Consumer affairs minister Ram Vilas Paswan also supported this stating that awareness about consumer rights has to be a mass movement across the country.

Government to launch nationwide campaign to create mass consumer awareness says Paswan

New Delhi, December 23: Addressing the consumer day celebrations on Tuesday on the theme “Safe & Healthy Food: Combating Food Adulteration, Union Minister of Consumer Affairs, Food And Public Distribution, Ram Vilas Paswan said that the Government will launch a countrywide campaign along with voluntary consumer organizations to create mass consumer awareness which will also include capacity building training for safe and hygienic food.

Paswan stated that the initiative of his ministry will be taken to rural pockets which need more awareness about consumer rights. He expressed hope that the campaign will be successful in building a culture of food safety in the country with nationwide sensitization sessions on cleaning, hygiene & sanitation for safe food. 

Paswan said that with opening up of the economy various consumer goods and services have entered into the Indian market. To meet the changed situation, we have introduced new Consumer Protection Bill and new Bureau of Indian Standards (BIS) Bill to prevent unfair trade practices, to effectively deal with adulteration of food, misleading advertisements and speed up the disposal, which will have far reaching implications.

Proposed amendments will also enable swift executive intervention in the nature of class action both to prevent consumer detriment and to provide redressal to a class of consumers. More products concerning health, environment and safety will be brought under compulsory certification besides compulsory Hallmarking of Gold and Silver jewelry and recall of non-conforming Standard Marked goods from the market, the Minister added.

Paswan said that to supplement the Government efforts to create effective consumer awareness, the industrial organization should come forward. He said self regulatory code should be evolved and implemented in sector like street food. Paswan said his department is ready to be a partner in this venture. He asked BIS and FSSAI to review together existing food and safety regulations and to see how they can be made more effective in the interest of consumers.

Delivering the key note address on the occasion, Justice, D.K. Jain, President of National Consumer Disputes Redressal Commission (NCDRC) expressed concern over increasing reports of unfair trade practices and misleading advertisements. He said strict regulations are required to check these. He also suggested review of Packaged Commodity rules to safe guard the interests of consumers.

On the occasion Ashish Bahuguna, Chairman, Food Safety Standards Authority of India delivered the theme address “Safe & Healthy Food: Combating Food Adulteration”. He said that consumer awareness is key to ensure effective implementation of Food and Safety standards, wherever necessary these standards will be reviewed and made more stringent, he added.

The Department had organized a poster making competition among school children on the theme consumer awareness. On the occasion cash prizes were given to the prize winning six school children. In addition, some publications useful to the consumers were released. The National Consumer Rights Day is an annual occasion for celebration and solidarity within the national consumer movement and is an opportunity to promote the basic rights of all consumers.

Punjab to assess effect of tobacco control steps

The Punjab government on Tuesday said that it would assess the effect of various tobacco control measures in the State, with the help of School of Public Health, PGI Chandigarh.

“The state health department in collaboration with PGI Chandigarh will conduct three types of surveys in different districts to assess the effect of various tobacco control activities in the state in last few years,” an official spokesperson said.

A review meeting of National Tobacco Control Programme and training of officials of district Tobacco Control Cell was held under the Chairmanship of Bhag Mal, Director Health and Family Welfare, Punjab in collaboration with NGO Generation Saviour Association.

In the first phase, a house to house survey will be conducted in Hoshiarpur, Bathinda and Amritsar districts following the Global Adult Tobacco Survey protocol, the spokesperson said. It would assess the prevalence of tobacco use and impact of ban of loose cigarettes and flavoured chewable tobacco on the tobacco users as well as the vendors, he said.

In the second phase a comprehensive compliance study in 10 districts (Jalandhar, Kapurthala, Amritsar, Fatehgarh Sahib, Sangrur, SAS Nagar, SBS Nagar, Gurdaspur, Roopnagar and Patiala) would be carried out, the spokesperson said.

Rakesh Gupta, State Programme Officer, Tobacco Control Cell said, all districts of Punjab have earlier been declared ‘Tobacco Smoke Free’ on the basis of compliance studies by PGIMER, Chandigarh.

Punjab Health Minister Surjit Kumar Jayani has directed officials to implement the Tobacco Control Act, Food Safety Act and Drug & Cosmetics Act proactively and effectively in the State. Vini Mahajan, Principal Secretary Health and Family Welfare have issued necessary instructions in this regard.

FSDA to keep an eye on goodies for Christmas

MEERUT: With Christmas and New Year just around the corner, Food Safety and Drugs Administration (FSDA) officials are on their toes to ensure that residents don't fall prey to adulterated sweets, cakes and other food items consumed during the festive season.

For this, a five-member team has been constituted which will conduct surprise checks at shops in both rural and urban areas to check adulteration and sale of expired items in the market. The anti-adulteration drive will continue till the first week of January.

Giving information, JP Singh, chief food safety officer, said, "A five-member team of the food department is conducting regular checks by sending suspicious food items to the laboratory for testing. If any sub-standard or unsafe food item is found, the person will be dealt with as per rules."

Samples of the suspicious food items will be sent to the food testing lab in Lucknow to avert any manipulation at the city-based lab. However, if the food items look way too suspicious, they will be sent to the lab and an immediate report will be sought. "The sample reports from the city-based lab can be procured in 48 hours and action will be taken soon after," said Singh.

The FSDA officials are keeping a watchful eye on the production of milk, milk products, cakes, Christmas sweets.

"The food items are preserved and have been sent to Lucknow through courier. The results will reach us after 20 days. We are focusing mainly on sweets, milk products and cooking oils to check adulteration," said the chief food safety inspector.

The FSDA authorities claimed that customers can file food-related complaints with the department on the condition of anonymity.

If a resident is apprehensive about a certain food item that he or she has already bought, then it can be sent for testing to the food department. If the food item is found to be adulterated, a complaint can be filed on the condition of anonymity. The sample may be submitted by depositing Rs 1,000 and if found adulterated, a complaint can be filed with the FSDA officials, who will initiate further action.

Pawan Kumar Agarwal appointed CEO, FSSAI

Senior IAS officer Pawan Kumar Agarwal was today appointed as Chief Executive Officer of food regulator FSSAI, as part of senior level bureaucratic reshuffle effected by the government today.
As many as 12 Additional Secretaries, including Agarwal, have been appointed in various central government departments.
Agrawal, a 1985 batch IAS officer of West Bengal cadre, is presently Joint Secretary in Ministry of Skill Development and Entrepreneurship. He has been appointed as CEO, Food Safety and Standards Authority of India (FSSAI) in place of Yudhvir Singh Malik, an order issued by Department of Personnel and Training said.
Malik, who is believed to be the man behind the ban on global giant Nestle's popular noodle brand Maggi (which has now been removed), was shifted as Additional Secretary in Niti Aayog in September this year.
FSSAI Chairman Ashish Bahuguna was holding the additional charge of FSSAI CEO.
Agrawal's batchmate Bhupendra Yadav has been appointed as Chairman, National Pharmaceuticals Pricing Authority (NPPA) under Department of Pharmaceuticals. Yadav is presently working in his cadre state--Uttar Pradesh.
Senior bureaucrat Binoy Kumar has been shifted from Ministry of External Affairs as Director General, Directorate General of Supplies and Disposals. Sumeet Jerath has been made Additional Secretary and Financial Adviser in place of Kumar. Jerath is presently Additional Director General of Foreign Trade.
Asha Ram Sihag has been appointed as Secretary, Union Public Service Commission. Sihag has been working as Director General (Acquisition) in Defence Ministry.
Smita Nagraj, who is presently working in her cadre state Jharkhand, has been appointed in Sihag's place.
Kalpana Mittal Baruah and R Rajagopal have been appointed as Additional Secretaries in Cabinet Secretariat, and Adviser in Inter State Council Secretariat under Home Ministry, respectively, it said.
Chhabilendra Roul, a 1985 batch IAS officer of Punjab cadre, has been appointed as Additional Secretary in Department of Agricultural Research and Education in place of Rajagopal.
His batchmate from Madhya Pradesh M Gopal Reddy has been appointed as Additional Secretary in Home Ministry by upgrading the post of Joint Secretary being held by him.
Similarly, Saraswati Prasad has been made AS in Ministry of Drinking Water and Sanitation by upgrading the post of JS held by him.
Udai Pratap Singh, presently working in Jharkhand, has been appointed as AS in Tourism Ministry, the order said.

FSSAI says labelling norms need to be changed

"Even educated consumers do not read label while purchasing food items. We get influenced by dazzling media advertisements and buy products without seeing the label. There is no awareness to check contents of the label," FSSAI Chairman Ashish Bahuguna said on Tuesday. 

New Delhi, 

Favouring an overhaul of norms for labelling of food products, regulator FSSAI today said consumers are getting influenced by 'dazzling' advertisements and are buying products without seeing the labels.

“Even educated consumers do not read label while purchasing food items. We get influenced by dazzling media advertisements and buy products without seeing the label.

There is no awareness to check contents of the label,” FSSAI Chairman Ashish Bahuguna said today.

Speaking on the occasion of the National Consumer Day here, Bahuguna said, “To promote healthy food, we need to focus on label. We need to change norms of labelling. Unless consumers know what is the content in the product, how would he know it is healthy for him."

National Consumer Disputes Redressal Commission (NCDRC) president DK Jain also said the consumers get confused about labels printed on food items and the Food Safety and Standards Authority (FSSAI) should look into labelling issues related to 'expiry date' and 'best before'.

Stating that consumers normally do not distinguish between safe and healthy food, Bahuguna said, “The food which is safe is not necessarily be healthy. It is important for consumers to check how and from where they get safe food. We should ourselves think about safe food.”

Emphasising on creating awareness about 'safe and healthy food', Consumer Affairs Minister Ram Vilas Paswan said at the same event that the new Consumer Protection Bill and BIS Bill, once passed in Parliament, would provide greater consumer protection.

"There is lack of awareness about 'safe and healthy food' in the country. All organisations should take responsibility in creating consumer awareness," Paswan said.

More awareness needs to be created among women, since they take care of food needs of family members, he said, adding the passage of the BIS and Consumer Protection Bills would provide greater protection to consumers.

Paswan further said the government makes standards to ensure the quality of products and services and at the same time it does not want to impose 'inspector raj'.

On the labelling issue, Jain said, "Safe and healthy food is a constitutional mandate. There has to be stringent provisions in place to combat food adulteration." Amid globalisation and foreign trade, consumers are confused with variety of products that are available in the market. "Consumers get attracted with labels and buy without seeing the contents of label," he said.

"FSSAI has to see this aspect. There is 'Best before" in label is there. What does it mean? Is it fit for human consumption after six months? We don't know. Consumers are confused. What is sacrosanct about 'Best before'. Why not have only 'expiry date' on label?" he added.

He also asked both the FSSAI and Consumer Affairs Ministry to address misleading advertisements.

FSSAI sets up nine panels to strengthen food regulatory mechanism

New Delhi: Regulator FSSAI has set up nine new panels for expediting work relating to strengthen the food regulatory mechanism in the country, the government said in Rajya Sabha on Tuesday.
The Food Safety and Standards Authority of India (FSSAI) has also notified 12 referral laboratories and 82 National Accreditation Board for Testing and Calibration Laboratories (NABL) accredited private laboratories, Minister of State of Health and Family Welfare Shripad Yesso Naik said.
In addition, there are 72 State and Public food laboratories to test food samples.
"We are also planning the increase the number of laboratories. There should be at least laboratory in each district," he said while replying to questions.
Observing that the FSSAI makes standards while their implementation is the responsibility of the state governments, Naik said in a written reply, citing information from states and UTs, that as many as 74,010 food samples were analysed in 2014-15 and 14,599 samples were found adulterated or misbranded.
On action taken against erring 'food business operators', it said 10,536 cases were launched in 2014-15 and there were 1,402 convictions. Also there were 2,795 cases involving penalties and about Rs 10.93 crore were raised.
Replying to a question on minority education, Minister of Minority Affairs Najma Heptulla said her ministry provides financial assistance through scholarship schemes for educational empowerment of minority students.
In addition, the Maulana Azad Education Foundation, an autonomous body under the ministry, also provides financial assistance through a scholarship for meritorious girl students studying in Class XI and XII from the minority communities.

Three labs cleared 90 Maggi samples: Company

Three laboratories mandated by the Bombay High Court have found lead content in 90 samples of Maggi instant noodles much below the permissible limits, a company statement said on Tuesday.
"We have received the test results from all three laboratories mandated by the Bombay High Court to test Maggi noodles samples. All 90 samples, covering six variants, tested by these laboratories are clear, with lead much below the permissible limits," Nestle India said in the statement.
"In compliance with the high court orders, we will now commence manufacture and will begin selling only after the newly manufactured products are also cleared by the three designated laboratories," it added.
The company is hopeful about reintroducing Maggi noodles in the market at the earliest.
It said it had got conducted over 3,500 tests on samples, representing over 200 million packs, in both nationally as well as internationally accredited laboratories and all reports are clear.
Nestle India also reiterated its resolve to collaborate with the Food Safety and Standards Authority of India, the apex food regulator in the country, and other stakeholders on the matter.
After a five-month ban on the two-minute noodles for alleged high lead and Monosodium Glutamate levels, the Indian arm of the Swiss giant Nestle announced in November a pact with Snapdeal for the online sale of the instant noodles and its re-introduction in 100 cities in the country.

We are working to reduce our dependence on Maggi noodles: Nestle’s Suresh Narayanan

The company is trying to come out of its biggest crisis ever, says Suresh Narayanan
New Delhi: Nestle India is working on a three-to-five-year plan to ensure it no longer has to depend on any single product or brand for revenues, new chairman and managing director Suresh Narayanan said, unveiling revival plans for the company following the crisis involving its Maggi instant noodles.
The company will add coffee and chocolates to diversify its line of food and drinks, drawing a lesson from the health and safety scare surrounding Maggi noodles, which accounted for 30% of Nestle India’s revenue in 2014.
Narayanan was sent to India in July amid a ballooning controversy after the regulator Food Safety and Standards Authority of India (FSSAI) banned Maggi on 5 June, citing the presence of monosodium glutamate and excess lead.
He spoke in an interview on the sidelines of the second graduation ceremony of the Bridge School of Management. Edited excerpts:.
You managed to relaunch Maggi noodles much before planned. How soon do you think you will be able to bring down the dependence on Maggi noodles?
The company is trying to come out of its biggest crisis ever and that Maggi noodles has come back to the shelves is a huge achievement for the team, for all the partners and for all the stakeholders. When I came, my mandate was not just to get Maggi noodles back on the shelves by the end of the year, but also to really revive the other parts of company fully, which also suffered because of what happened.
We are now working on a three-to-five-year plan. Reducing dependence on Maggi noodles, or any single brand or product, is part of that. Over the next three to five years, things will be different.
What could the areas of focus be for the new Nestle in the making?
The focus would be coffee and beverages. Chocolates and confectionery is another clear area of focus for us. So, these two are certain, in addition to a greater acceleration of our portfolio in milk, nutrition and all of it.
These are great areas of opportunity for us. I am really trying to sort of click all the buttons to get us back into the double-digit growth that would be led by volume. I am a great believer of volume-led growth as being the stimulant for accelerating brands, consumption and presence in the market.
Maggi noodles was out of the market for six months. It did impact your profits. How much will you be able to recover in the current quarter?
We reported loss only in the second quarter of 2015. Even in the last quarter, we posted profit. Profitability always remains. We are a profitable company, and we will continue to be profitable. We will still be of interest to the people who are looking at medium-to-long term growth.
Nestle India is a respectable brand and has a respectable position in the society. In India, I think that would be the promise that Nestle, I hope, is capable of giving under my leadership.
What changes you had to make within the organization to ensure a better future?
One, I have tried to change the commercial structure. It has become a lot more focused and hopefully quicker to respond. We have also improved our consumer engagement services and practices. And I am very proud to say that we have 24x7 consumer engagement mechanism across different vectors, both digital and non-digital.

Drive launched to check safety standards of food products sold in Mandya

Officials of the Food Safety and Standards Authority of India checking the safety standards of food products at a bakery in Mandya on Friday.
Officials seize food products, the expiry dates of which had passed, from many bakeries
In a welcome move by the Food Safety and Standards Authority of India (FSSAI), a drive was launched on Friday to check the safety standards of food products being sold in shops here.
A nine-year-old boy had died in the taluk, after allegedly drinking a soft drink the expiry date of had passed.
Seized
The issue had been carried in these columns on Friday.
Subsequently, led by Food Safety Officer Nagaraju, the FSSAI officials raided several bakeries and shops on V.V. Road here.
“We have seized soft drink bottles the expiry dates of which had passed from several shops. We will initiate action against the guilty,” Mr. Nagaraju told The Hindu.
Meanwhile, the Mandya district administration has decided to conduct such raids throughout the district.
Mandya Deputy Commissioner M.N. Ajay Nagabhushan told this correspondent that sellers of fake, spurious, outdated, substandard and adulterated food products should be prosecuted.
“I will write to all gram panchayats, Mandya City Municipal Council and other urban local bodies asking them to deal sternly with sellers of such food products,” he said.
The sale of products that could adversely affect the health of consumers was an offence under the Food Safety and Standards Act. The officials should randomly collect samples of all food products, including Nandini milk packets, at regular intervals to ascertain adherence to safety standards, he said.
The samples could be sent to the Central Food Technological Research Institute (CFTRI) at Mysuru or food testing laboratory at Hubballi as there were no facilities to check the safety standards of food products at Mandya, he said.
In the case of the death of a boy after consuming a soft drink, appropriate action would be initiated against persons found guilty, based on the post-mortem report, he said.
The number of hotels, bakeries and shops selling food products in the district is around 10,000.
Of them, 1,300 are in Mandya. However, the mandatory practice of collecting food samples had stopped long back, a senior official of the Department of Food and Civil Supplies told The Hindu.
Posts of food inspectors throughout the district were lying vacant, he added.
No mechanism in place to check safety standards of food products in Mandya
Deputy Commissioner to order for stern action against sellers of products which have passed expiry date

Maggi headed to Mysore for new lead test

The Supreme Court ordered that Maggi noodles will now be tested in an accredited laboratory in Mysore and not in Chennai as directed by the National Consumer Disputes Redressal Commission (NCDRC).

The Supreme Court (SC) ordered on Wednesday that Maggi noodles will now be tested in an accredited laboratory in Mysore and not in Chennai as directed by the National Consumer Disputes Redressal Commission (NCDRC).
The SC's order came on a plea filed by Nestle India against the NCDRC's order. The apex court also stayed the proceedings in the case pending in the apex consumer body. "It is directed that the local commissioner appointed by the NCDRC shall send samples earlier collected by him to the Mysore laboratory for tests. Test reports shall be produced before this court," a Bench of Justices Dipak Misra and Prafulla C. Pant said.
In the meantime, the NCDRC shall not proceed, the SC added. The court passed the order when senior advocate Harish Salve, appearing for Nestle India, and attorney general Mukul Rohatgi, representing the Centre, agreed that the samples be sent for testing to the Mysore lab instead of Chennai.
The NCDRC on December 10 had said that the local commissioner would send 16 more samples of Maggi noodles for testing in Chennai to ascertain the quantity of lead and mono sodium glutamate in them in connection with the government's Rs 640-crore law suit against the company on account of alleged unfair trade practices.
"During course of the hearing, they (Centre and Nestle) agreed that the primary concern is health and the test has to be carried out to meet the parameters of the Food Safety and Standards Act, 2006. ... the consent was arrived at that Mysore is well equipped to carry all such tests and being a referral notified laboratory, samples should be sent there," the apex court said. Posting the matter for January, the Bench said that the plea be listed along with the appeal filed by the Food Safety and Standards Authority of India on January 13 against the Bombay High Court (HC) verdict. The HC had on August 13 lifted the ban on nine variants of the fast food and asked the company to go for fresh tests.
After the NCDRC's order, Nestle India had said, "We are disappointed that the honourable Commission has given order directing further testing of 16 samples at Export Inspection Laboratory, Mysuru.

'Ramdev's Patanjali noodles, pasta are being sold without FSSAI approval'

New Delhi: A demand for action against yoga guru Baba Ramdev's Patanjali pharma company for allegedly selling products like noodles and pasta without the food regulator's approval was made in the Rajya Sabha on Thursday.
Raising the issue through a Zero Hour mention, K C Tyagi (JD-U) also wondered why no appeal was filed in the Supreme Court against the Bombay High Court order lifting restrictions on sale of popular noodles Maggi.
Describing the two as the new "Dabangs", he said no action has been taken despite FSSAI finding faults with their products.
He alleged that Patanjali noodles and pasta are being sold without the approval of the Food Safety and Standards Authority of India (FSSAI).
Uttrakhand government, he said, had found an Ayurvedic 'son-bearing' medicine sold by Baba Ramdev's pharma company fake but no action was taken.
"He (Baba Ramdev) poses as if he is very close to Prime Minister Narendra Modi. He openly claims that he has helped with 'tan, man and dhan' (physically, mentally and monetarily) in formation of the BJP government," Tyagi alleged.
Similarly, the verdict of Bombay High Court in the Maggi case was accepted. "Why was no appeal made to the Supreme Court," the JD(U) leader said and remarked "daal mein kuchh kala hai" (there is something fishy).

Black Label caught in red tape, no takers at liquor auctions

 

Liquor distributors said Foods Safety and Standards Authority of India (FSSAI) red tape and unclear Customs norms on liquor auctions are the main reasons why they are staying away.
Over the last 18 months, the Customs department has tried to auction over two lakh bottles of imported liquor worth about Rs 100 crore, abandoned at its bonded warehouses across the country. But it has found no takers.
On December 7, cases of Talisker, Glenmorangie, Laphroaig, Moet & Chandon and other imported liquor brands once again failed to find bidders at an e-auction organised by the Mumbai Customs, said officials.
“This was the fourth unsuccessful auction by Customs in the last one year,” said a Customs official who did not want to be named. Similar auctions in other parts of the country in the last two years have also been unsuccessful.
Liquor distributors said Foods Safety and Standards Authority of India (FSSAI) red tape and unclear Customs norms on liquor auctions are the main reasons why they are staying away. According to sources, imported liquor put up for auction is not cleared by FSSAI, and hence requires its no objection certificate (NOC).
“The major bone of contention between the Customs and distributors is who should get the NOC from FSSAI for the imported liquor that is being auctioned. Should it be the Customs, which is the custodian of the liquor stock, or the bidding company which will eventually distribute it. Customs has to clear the air on this,” said another official involved in the auction process.
Under existing norms, FSSAI gives an NOC when an imported food item conforms to its labelling requirements and passes its lab test. According to an FSSAI official, who spoke on condition of anonymity, the labels of the liquor bottles should have details of the ingredients. But in most countries, liquor is exempted from ingredient-labelling requirements.
While the labelling requirement existed since 2011, it was only in 2013 that the FSSAI started enforcing it. Since then, the Customs has impounded huge stocks of liquor which were not labelled correctly.
The liquor cases at the warehouses were imported by distributors in 2013-14 or earlier. Under Customs rules, duty is collected at the time of clearance from the warehouse. Imported goods are allowed to remain in the warehouse for up to a year, without incurring any interest liability. If the importer does not clear the duty within a year, it becomes the property of Customs and the department can auction the goods to recover duty.
One reason why the liquor stocks were abandoned at the bonded warehouses could be because they weren’t meeting labelling norms, said the FSSAI official. That’s perhaps why distributors aren’t even picking up the bottles, even if they are available at a cheaper rate. “Getting FSSAI NOC is a big task. There is no guarantee that the FSSAI will approve a particular imported food product even if it is used widely in other parts of the world which have stricter regulations. Our past experiences with the FSSAI have been bad. It has created a trust deficit. So nobody wants to participate in an uncleared liquor auction,” said a distributor.
According to the FSSAI official, the Customs should seek its clearance before an auction. “No unsafe food should enter the country,” he said. But the department has not sought clearance so far, he added.

SC stays proceedings against Maggi at consumer panel

The Supreme Court on Wednesday stayed proceedings against Nestle India, maker of the Maggi brand of instant noodles, in the National Consumer Disputes Redressal Commission (NCDRC).
The order followed a plea by the company this week that NCDRC did not have jurisdiction to hear the government's Rs 640-crore class action suit against it after the Bombay High Court had already pronounced a verdict in the matter. Nestle contended that this amounted to judicial indiscipline.
In its August 13 order, the Bombay High Court had lifted the ban on Maggi noodles, directing Nestle to prove within six weeks that the product was safe. It had said re-testing would be undertaken at three independent laboratories in Mohali, Hyderabad and Jaipur. The three laboratories, the court had said, were accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABL).
In its appeal filed in the Supreme Court, Nestle also said the 16 additional samples of Maggi that were to be tested at a food inspection lab in Chennai should instead be undertaken at the NABL-accredited CFTRI in Mysuru.
On December 10, NCDRC had directed the government to undertake the tests at the Chennai lab, which Nestle had vehemently contested, saying it was not equipped to conduct tests that determined the amount of lead in the product.
A bench comprising Justices Dipak Misra and P C Pant on Wednesday accepted Nestle's plea and directed reports of the test in addition to an earlier one ordered on October 15 be placed before it.
The next hearing on the matter has been posted for January 13, which is also when the Supreme Court will hear an appeal filed by the Food Safety and Standards Authority of India (FSSAI) against the August 13 order of the Bombay High Court.
Last week, the apex court had sought a response from Nestle to FSSAI's plea that the purpose of testing any product was vitiated under the Food Safety and Standards Act, 2006, if the manufacturer was allowed to choose samples of the product to be given for testing.
A Nestle India spokesperson had said last week that it would comply with the Supreme Court's notice. With regard to Wednesday's developments, the company said it was awaiting the formal order on the matter.
The company said it had conducted 3,500 tests representing over 200 million packs in both national and international accredited laboratories and all reports were clear.
In addition to these, various countries, including the US, the UK, Singapore, Australia and others found Maggi noodles exported from India to be safe for consumption.
The company also reiterated reports from the three accredited laboratories mandated by the Bombay High Court to test the samples had also validated that lead present was below the permissible limit.

Activists Raise Concern Over Illegal Import of Cassia Herb Through the Cochin Port

KOCHI: The All-Kerala Anti-corruption and Human Rights Protection Council has raised concerns over the illegal import of cassia, a banned herb used to adulterate food items, through the Cochin Port.

 “As many as 38 consignments of cassia, weighing a total of 6 kg, were imported illegally through the port, in violation of the Kerala High Court’s order prohibiting its sale,” said All-Kerala Anti-corruption and Human Rights Protection Council state committee member Leonard John at a press conference here the other day.
“Cassia costs only one ­fifth of cinnamon, and hence is illegally imported and sold in the local market at huge margins. One teaspoon of cassia contains five per cent caumarin, which can cause jaundice, purging, kidney/liver damage and even cancer.
“It is widely used to adulterate ‘masala’ powders, spices and ayurveda medicines, instead of cinnamon. Cassia has an intense aroma and dark colour, and therefore is used in masala/spice mixes, instead of expensive spices such as cardamom,” he said.
Leonard John further stated that a letter he had sent to various port authorities, including the Cochin Port, seeking details of the importer did not evoke any response.
He also asked the Directorate General of Foreign Trade, the Food Safety and Standards Authority of India (FSSAI) and the Spices Board to furnish information regarding the illegal sale of cassia.

Food regulator FSSAI proposes tougher regulations for food importers

The draft norms require importers to indemnify consumers through third-party insurance cover for injuries or damages caused by imported food items.
NEW DELHI: India's food regulator is proposing tougher regulations for food importers, as it seeks to address concerns about the entry of sub-standard food products into the country. However, the move might once again pit the regulator which has faced criticism for its ban on Maggi noodles and for blocking imports of items such as chocolates against the food industry. The Food Safety and Standards Authority of India (FSSAI) is planning to clamp down on import of food products through its latest draft regulations.
The draft norms require importers to indemnify consumers through third-party insurance cover for injuries or damages caused by imported food items. FSSAI will soon put the proposed regulation on its website seeking public comments. A person with direct knowledge of the development said the new regulation was designed to prevent India from becoming a "dumping ground" for sub-standard food imports. An email sent to FSSAI did not elicit a response till the time of going to press. When asked about the proposed regulations, the body's director of imports said, "This is not in my knowledge."

 

The food regulator and the industry have often been at odds with each other and importers who have been chaffing at issues such as excessive taxation, ambiguity in food safety laws and labelling regulations are likely to oppose the additional rules. While FSSAI shot into prominence because of its stringent actions against Maggi noodles, it had earlier blocked consignments of Starbucks and some chocolate brands such as Mars, Godiva, Guylian and Lindt, on the ground that they did not contain India-specific labelling.
"At present, clearance of just one shipment containing food items could take 8-20 days, which is a very long time," said Amit Lohani, convener of the Forum of Indian Food Importers (FIFI). "Indian laws are not up-to-date, which leads to huge losses," he added.
HISTORY OF SAFE USAGE
According to the draft regulations, importers will also be required to submit a certificate showing a history of safe consumption of the food product in the country of origin. If importers can furnish the safety track record, the Indian regulator will fasttrack approvals for those products.
Earlier, importers were required to only produce a certificate of origin issued by an authorised person or agency at the place of manufacturing of the food consignment. "Certificate of origin issued by authorised person or agency at the place of manufacturing or processing, etc, of the food consignment. Certificate of origin shall contain information on country of origin, etc, if the consignor is from a different country," said the standard operating procedure issued by FSSAI in May this year.
The draft regulations also require videography of the process of taking samples for testing in order to document the procedure. The draft also requires all containers in which food items are imported to adhere to international standards with respect to temperature and the material of the container. India's labelling norms will apply to both imported items and food products manufactured in India.

Supreme Court Orders Testing Of Maggi In Mysore

New Delhi: The Supreme Court today ordered testing of samples of Maggi noodles in Mysore laboratory after the National Consumer Disputes Redressal Commission (NCDRC) had directed that it be done in Chennai.
The top consumer commission had on December 10 sent 16 more samples of Maggi noodles for testing at Chennai to ascertain the quantity of lead and monosodium glutamate (MSG) in them, in connection with the government's Rs. 640 crore suit against the company for alleged unfair trade practices.
A bench of justices Dipak Misra and Prafulla C Pant said, "During course of the hearing they (Centre and Nestle) agreed that the primary concern is health and the test has to be carried out to meet the parameters of the Food Safety and Standards Act, 2006."
"...the consent was arrived that Mysore is well equipped with all tests and being a referral notified laboratory, sample should be sent there," it said.
The bench, meanwhile, stayed the proceedings before the NCDRC and directed that the test report, including the earlier one, be placed before it.
"In view of the aforesaid, it is directed that Local Commissioner appointed by the NCDRC shall send samples earlier collected by him to Mysore for tests.
"The test report including earlier ones, shall be produced before this court. In the meantime, NCDRC shall not proceed," the bench said.
During the arguments, Nestle India Ltd, through senior advocate Harish Salve, opposed NCDRC's direction for test at Chennai saying it is not accredited for salt and lead test.
This was vehemently opposed by Attorney General Mukul Rohatgi, who said that on their request the sample has been sent to Chennai.
However, later Nestle India and the Centre agreed for testing samples at Mysore.
The court's order came on a plea filed by Nestle India Ltd against the order of top consumer commission.
While posting the matter for January, the bench said that the plea be listed along with the appeal filed by food regulator Food Safety and Standards Authority of India (FSSAI) on January 13, against the Bombay High Court verdict.
The Bombay High Court had on August 13 lifted the ban on nine variants of the fast food and asked the company to go for fresh tests.

SC to hear Nestlé’s plea seeking stay on NCDRC order on Maggi on 16 Dec

SC is also hearing FSSAI plea against the Bombay high court order which lifted the ban on the manufacturing and sale of Maggi in India
New Delhi: The Supreme Court will hear a plea by Nestlé India Ltd seeking a stay on the National Consumer Disputes Redressal Commission (NCDRC) order for testing of samples of its popular snack Maggi noodles on Wednesday.
NCDRC, on 10 December, directed 16 samples of Maggi to be tested.
A two-judge bench comprising justices Dipak Misra and P.C. Pant on Tuesday issued notice to the central government in Nestlé India’s plea.
Mint had reported on 11 December that Nestlé India was planning to move the apex court against NCDRC’s order.
The centre has filed a class-action suit against Nestlé before NCDRC alleging unfair trade practices, false labelling and misleading advertisements by the firm. It has sought Rs.640 crore as compensation. The court is also hearing food regulator Food Safety and Standards Authority of India (FSSAI) plea against the Bombay high court order which lifted the ban on the manufacturing and sale of Maggi in India.

SC notice on Nestle's plea against retest order

The Supreme Court on Tuesday sought the central government's response on Nestle India's plea challenging the "legality and correctness" of the National Consumer Disputes Redressal Commission (NCDRC) order directing testing of 16 samples of Maggi noodles to ascertain their safety for consumption.

 A bench of Justice Dipak Misra and Justice Prafulla C. Pant, while issuing notice to the government, which is also on caveat in the matter, said that it would hear the matter on Wednesday as senior counsel L.Nageshwara Rao sought the interim stay of the NCDRC's December 9 order directing the testing of 16 samples.
Nestle, in its plea, said that "the commission had directed that out of withdrawn stocks of Maggi noodles in the custody of the Food Safety and Standards Authority of India (of which 100 batch numbers were randomly noted by the local commissioner), 16 samples be sent for testing for presence of lead in any form and monosodium glutamate (MSG), including their quantity in the samples at the Export Inspection Council of India, Chennai".
The NCDRC had ordered the testing of the Maggi noodles in the course of the hearing of the central government's class action suit against Nestle India, the manufacturer of the noodles, seeking about Rs.640 crore in damages for alleged unfair trade practices, false labelling and misleading advertisements.
Nestle India has assailed the NCDRC order holding that if a laboratory in terms of section 2(1)(a) of the Consumer Protection Act, 1986 is recognised by the central or the state government or has been established under the law and maintained, financed or aided by either of the governments, then it need not necessarily be accredited by the NABL or notified by the Food Safety Standard Authority of India.
However, the Bombay High Court by its August 13, 2015, order had held that since the labs which tested Nestle's Maggi noodles were not accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABL), their findings could not be relied upon.
Initially, Nageshwara Rao said that Nestle India plea challenging the NCDRC order could be taken up on January 13 when the court will hear the central government's challenge to the Bombay High Court order.
However, when he sought the interim stay of the NCDRC order, the court said that the matter would to be taken up on Wednesday as it sought the central government's response on Nestle's plea.
Contending that the NCDRC had gravely erred while ordering further testing of the samples, Nestle India has said that the samples from the withdrawn Maggi noodles have already been tested in FSSAI notified and accredited laboratories.
It further said that in the past few months it had voluntary, in the consumer interest, "undertaken testing of 3,566 samples of its instant noodles at nine different labs in India and abroad including samples tested at FSSAI notified and NABL accredited labs in India and all test results have shown Maggi noodles compliant".