On Char Dham route, eat at your own risk

DEHRADUN: The Char Dham yatra, which began on May 9, has already recorded footfall from over 45,000 pilgrims, with the number expected to be much higher than in the recent past. However, despite incidents of food-related diseases in the past and the rising level of adulteration in items along the route, the Food Safety Office has still not deployed a food and drug analyst to step up vigilance over edible items and medicine sold on the route.

A food sampling test by scientists from the Dehradun-based Society for Pollution and Environmental Conservation (SPEC) in 2005 had revealed that the level of adulteration in food and medicines along the route was an astonishing 76%. This figure has risen to 83%, according to a similar study in 2015. Despite this, the food and health departments are yet to take any steps to prevent diseases among pilgrims, with food department offcials yet to receive the results of the sample survey from 2015.

In 2015, on the Kedarnath-Badrinath route, 461 out of 561 samples (82%) and on the Yamunotri-Gangotri route, 387 out of 469 samples (82%) were found to be adulterated. The lowest adulteration level found on the Kedarnath-Badrinath route, at 62% in Chopta and Chamoli, while the highest, a shocking 100%, was recorded on the Yamunotri-Gangotri route at Kaudiyala, Gangori, Bhatwari and Gangnani.

However, the food safety officers in the districts through which the pilgrims pass have not taken action against any pharmacy, shop or hotel from where the adulterated samples were collected. The process of collecting samples from the routes and sending them to the nearest testing laboratory in the state, at Rudrapur, takes over a week. The shoddy infrastructure at the laboratory itself — four-hour power cuts every day, a single computer and manpower constraints — leaves little scope for proper analysis.

Although the Rudrapur laboratory has accreditation from the Food Safety and Standards Authority of India (FSSAI), the post of food and drug analyst is currently vacant, after the previous incumbent, who was on deputation from Ghaziabad, UP, returned to his parent cadre on April 30 after completing a year.

"Till now the post of food analyst was always filled by people on deputation. However, this time through UPSC an individual has been appointed but he has been given a month to join the lab, so it is up to him to decide his date of joining. The post of drug analyst is also vacant at the moment," said Rajinder Singh Rawat, designated officer, Food Safety Office, talking to TOI.

"Considering how massive an affair the Char Dham yatra is, and the other arrangements the state government makes for it every year, the department should deploy mobile food and medicine sampling vans. The very visibility of these vans would, at least, create fear among adulterers. Rather than waiting another year for reports of diseases like diarrhea and food poisoning among pilgrims, action like this is bound to have an impact," said an FSSAI official, talking to TOI.

FSSAI now adds restaurant hygiene to its menu

 A sub-group has been formed to amend rules that govern safety standards at eating establishments

The Food Safety and Standards Authority of India (FSSAI) has turned its attention to restaurants, eating joints and hotels to enforce hygiene standards.

A sub-group consisting of industry bodies like the National Restaurant Association of India (NRAI) and the Federation of Hotel and Restaurant Associations of India (FHRAI) and the FSSAI have been formed to amend rules that govern safety standards at eating establishments.

The sub-group was formed following a meeting last week in New Delhi among the FSSAI, NRAI, FHRAI as well as popular fast-food companies like Yum! and hotel groups like Taj and ITC.

FSSAI Chief Executive Officer Pawan Kumar Agarwal, while confirming the development to Business Standard, said enforcing food safety standards at eating places was a must.

"Hotels, restaurants and eating joints need an FSSAI licence to operate but food safety standards are not necessarily met. We wanted to get a sense of what the industry's view was on the subject and whether they were open to the idea of stringent enforcement," Agarwal said.

The move to regulate the food services market gains importance because of its sheer size. A report by Technopak and the NRAI says the size of the food services market in India is expected to grow from Rs 247,680 crore in 2013 to Rs 408,040 crore by 2018.

The five-year annual growth rate has been pegged at 11 per cent by the Technopak-NRAI report. The manner in which organised as well as unorganised eating places were growing in India was an indication of this trend, said Technopak Chairman Arvind Singhal.

"Despite all the talk about a discretionary slowdown, eating out as a seminal trend will only grow in India, implying that eating places will also grow," he said.

Last year, a couple in Mangalore had reported finding worms in their meal at a KFC outlet. A similar episode was reported by a family in Thiruvananthapuram in 2012. Yum!, the holding company of KFC, was not immediately available for comments when contacted at its India office.

NRAI Secretary-General Prakul Kumar said, "You cannot bundle a dhaba and a fine-dining or casual-dining restaurant together. There will have to be different yardsticks."

The sub-group is expected to meet in the next three weeks to propose amendments to Schedule 4 of the Food Safety and Standards Regulations, 2011, that govern hygiene standards of food service operators.

EATING OUT TO GET SAFER

SCHEDULE 4 OF FOOD SAFETY & STANDARDS REGULATIONS

It governs food safety and hygiene standards for all food business operators

Catering and food service operators such as restaurants, hotels and eating joints are covered under it

School canteens, food service at religious places, dabbawalas, neighbourhood tiffin services, railways and airline catering as well as hospital catering under its ambit

PROPOSED AMENDMENTS

Separate, detailed guidelines for different food service operators

While a basic set of guidelines may be common to all, safety and storage specifics may vary

Encouraging self-regulation. Enforcement, however, will remain with the state authorities

To ensure that food service operators are not harassed by enforcement authorities

Kendriya Bhandar under food quality scanner

Recently, few wheat samples were collected from a fair price shop which tested 'marginally safe'. A meeting was held with Delhi Health Minister Satyendar Jain where the emphasis was laid down on ensuring checks on these shops offering food items at subsidised rates.

Fears of massive adulteration in food items in government-run shops in Delhi has prompted the AAP government to keep an eye on subsidised ration stores in the city and monitor the mid-day meal served to students in government schools.

"It will be like monitoring your own department. The government has made sure that it will not tolerate any kind of adulteration, be it private shops or even government-run food shops," said Mrinalini Darswal, commissioner, Department of Food Safety, Delhi government. "We have started the process and it will be carried out regularly," she added.

Recently, few wheat samples were collected from a fair price shop which tested 'marginally safe'. A meeting was held with Delhi Health Minister Satyendar Jain where the emphasis was laid down on ensuring checks on these shops offering food items at subsidised rates.

As per the official process, the department receives a complaint about an adulterated food item, the report is then marked to the designated district officer, the officer along with the safety officer visits the shop to collect the samples. The samples are then sent for testing where the food analyst supervises the work and sends the reports back to the concerned department.

"So far, the main focus was on the private players but it is our government-run shops which cater to larger population. The government is very particular about the well-being of the citizens," Darswal told Mail Today.

The government's food and drug department monitors the food policy in the city, keeps vigil on the market by way of surprise inspections and raids on food establishments, besides drawing samples of food articles that can be adulterated, substandard or misbranded.

On an average, it receives 125 food samples a month for testing.

The department also carries out awareness campaigns for the consumers and endeavours to educate food business operators for enabling them to comply with food safety management systems as prescribed under the Food Safety and Standards Act, 2006.

Large number of Delhi residents depend on these government-run shops as items are supplied at subsidised rates.

Experts say that by keeping a track on these shops, the government is setting same guidelines for everyone.

Food Safety Act not implemented in letter and spirit, concedes govt

Assures High Court of immediate upgrade of two food-testing laboratories

Srinagar, May 14

Conceding that the Food Safety and Standards Act, 2006, has not been implemented in letter and spirit, the government today assured the High Court that immediate steps would be taken for upgrade of the two outdated food-testing laboratories in Jammu and Srinagar without waiting for Central assistance.

A statement to this effect was made today by Chief Secretary BR Sharma before a Division Bench of the High Court, who along with other top bureaucrats, including Commissioner Secretaries for Health, Finance and Planning, was asked to be present in court today.

“Now that the Chief Secretary has given an assurance, we take it on record and trust him. Let them first upgrade the two outdated food-testing laboratories and provide two mobile testing laboratories,” stated a Division Bench of Justices Muzaffar Hussain Attar and Ali Mohammad Magrey.

The observation followed an assurance by the Chief Secretary in the open court that he would “immediately take review of all aspects” concerning implementation of the J&K Food Safety and Standards Act, 2006.

Sharma termed the issues involved as a “matter of great concern” and assured the court that that “without waiting” for financial assistance from the Centre, funds for setting up technologically advanced laboratories in Jammu and Srinagar would be “immediately provided” by the state and laboratories established shortly.

He further assured the High Court that mobile testing laboratories would be provided to the department. “In view of the assurance given by the Chief Secretary, we defer recommending initiation of disciplinary action against the authorities who failed to implement the Act till date,” said the High Court in its orders.

Earlier, in its observations, the Bench said it was not a question of some small water body and encroachment on it which could be removed and the water body restored. “This is dealing with the health of the state, the rich and poor, the ruler and ruled. Everybody’s health is involved in this issue,” it said.

‘We’ve failed, my lord’: In High Court, Govt admits failure in implementing Food Safety Act

Bench defers action after assurance of prompt funds by Chief Secretary

The state government on Saturday admitted before Jammu and Kashmir High Court that it has failed to implement Food Safety and Standard Act 2006.

Issuing directions on a Public Interest Litigation against food adulteration, the court, however, deferred disciplinary action against erring officials after Chief Secretary assured the court that he will immediately take review of the all aspects concerning the implementation of the Act.

“In view of the assurance given by the Chief Secretary we defer recommending initiation of the disciplinary action to be taken against the authorities who failed to implement the Act of 2006 till date,” a division bench of Justice Muzaffar Hussain Attar and Ali Muhammad Magrey said.

Advocate General, D C Raina, and Chief Secretary, B R Sharma, candidly accepted that the Act was not implemented in the manner it should have been after senior lawyer and Amicus Curie, Bashir Ahmad Bashir, pleaded that J&K is the only state which does not have full-fledged food testing laboratory in terms of Food Safety and Standard Act.

Disapproving the manner in which the Act has been implemented in the state, the bench said: “We made it clear to authorities that whosoever has been involved at different points of time in implementing the Act of 2006 have exhibited only skin deep concern to the sufferings of people of the State.”

“The State authorities, in order to ameliorate the lot of suffering people, are required to show sole deep concern,” the bench observed.

Following the observations of the court, the Chief Secretary assured that without waiting for financial assistance from the central government, funds for setting up technologically advanced laboratories at Jammu and Srinagar would be immediately provided by the State.

He also assured the court that mobile testing laboratories will be provided to the Food Safety Department saying the authorities created in terms of Act of 2006 would also be put in place shortly.

The court said that while the Chief Secretary along with other senior officers was present in pursuance to its previous directions, it added that the necessity of appearance of senior functionaries of the State arose because of the report filed by the authorities under Food Safety and Standard Act.

In the report, the court said, it was stated that two existing labs, one each in Jammu and Srinagar, are outdated and literally non-functional.

“Since the issue concerns the health of the people of the State and for the reasons the Act of 2006 has not been implemented in the State of Jammu and Kashmir till date in the manner it is stated in the said Act, these authorities were directed to appear before the Court,” the court said.

The Court exempted the CS and other officers from personal appearance.

Meanwhile, taking on record the latest status report filed by Additional Advocate General, M I Dar, the court arrayed the owners of food manufacturing companies whose names figured in the report as party respondents.

The court asked Advocate P Kohli, who appeared for 22 food manufacturing units from Jammu, to file by next date of hearing undertakings in terms of the court order dated April 27.

The Court also directed Commissioner Secretary Food Safety to inform in writing to all the manufacturing units, whose particulars were given in today’s compliance report, about the order dated April 27 and inform them about the affidavits they have to file in terms of the said court order.

On April 27, the court had directed the owners of food processing units to file affidavits indicating that the food items they supply in the market are fit for human consumption.

During proceedings, the court today made certain observations following the arguments of counsels representing various food manufacturing companies. While the counsels argued that Food Safety and Standard Act 2006 is not perfect enough to make available cure to all the prevailing ills, the court disagreed.

“They have to choose a way either to surrender the license they have got under the Act to run their units or to comply with the Act,” the court observed.

Govt admits failure in implementing FS Act

92 accredited labs in country, J&K has none

Srinagar, May 14: Government today admitted in the Court that they have not implemented the Food Safety Act 2006 but assured that all aspects concerning the act will be reviewed and implemented.

Chief Secretary, B R Sharma, who made personal appearance before the State High Court today admitted that the Food Safety Act of 2006 has not been implemented in the manner, it had to be implemented in the State.

The CS assured the court that he will immediately take review of all the aspects concerning the implementation of the Act 2006 and further made assurance that funds for setting up of two technologically advanced laboratories for both at Jammu and Srinagar would be provided to the department without waiting for the financial assistance from the Central Government.

The Amicus Curie, senior advocate High Court, Bashir Ahmad Bashir, told the court that the Jammu and Kashmir is the only State in the country where there is no accredited food testing laboratory. “There are 92 accredited food testing laboratories across the country but J&K has none. Central Government in 2013 had asked the State to set up two laboratories in Jammu and Kashmir and had assured Rs 9 crore assistance and asked the State Government to pay Rs 3 crore but nothing has been done so far by the State Government”, he told Court.

The Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey in view of the assurance given by the CS in the open court deferred initiation of disciplinary action against the authorities who failed to implement the Act till date.

Court expressed its serious concern over the casual approach of authorities with regard to non-implementation of Food Safety Act as submitted by CS itself and observed during the proceedings of the case: “This is not the question of a small water body and its encroachment. This is dealing with the health of the State, rich and poor, ruler and the ruled. Everybody’s health is involved in this issue” adding “all the officers have shown little concern as far as the implementation and the compliance of the Food Act is concerned”.

Court observed that necessity of directing appearance of senior functionaries of the State arose because huge public interest is involved in this PIL as also the report filed by the authorities under food safety indicates that two existing labs in the State are not only out dated but are literally non-operational and non-functional.

Court also observed to Advocate General that there is no proper lab at the moment. “Health of all is at stake, Mr AG, CS, your health is involved, and health of those who cannot reach this court is at stake. The issue is how to solve the issue of upgradation of the labs and the food analysts”, court further observed.

The assurance for providing funds by the State followed after the court pointed towards CS that ‘Forget the Central assistance’ it is the State Government which have to implement the Food Safety act. The State Government will provide funds for the upgradation of the labs at Jammu and Srinagar. “We cannot wait for the central funds to come and lives and health of the State is in your hands.”

Court while referring the extinction of water bodies by getting these water bodies encroached and to which the court is making its full efforts to get these water bodies to their original position observed to CS: “It is only to request you to look into the sad state of affairs. It is not about encroachment of the water body, which we can demolish and get back the water body. It concerns to the health of all of us. How to deal with this situation?”

Court also heavily came down on owners/processors/Managing Directors of the companies when counsel representing about 35 spice manufacturing companies submitted that it is costly to get the food samples tested. “As the Act & Rules are there they are to be followed. Why should you do the business if you are not in a position to follow the Act then do away with your business (court observed to Advocate Lone who was appearing for about 35 spice unit holders”.

“Why should you do the business if you are not in a position to follow the act? Then do away with your business (court observed to Advocate Lone who was appearing for about 35 spice unit holders.”

“The act is to be enforced at any cost. No excuse to be accepted. We will order cancelling of your licenses. If you not follow the Act? We will not allow any breach of the act and rules for your commercial activities and cannot make people to suffer”, court observed.

“We made it clear to authorities that who so ever has been involved at different points of time in implementing the Act of 2006, have exhibited only skin deep concern to the sufferings of people of the State. The State authorities in order to ameliorate the lot of suffering people are required to show sole deep concern”, reads the order.

Court has been provided the list of those manufacturing and food processing units which are located outside the State. “All the companies whose particulars are given in compliance report, are impleaded as party respondents in this petition”, reads the order and directed the Commissioner/Secretary Health & Family Welfare to provide full particulars of all these manufacturers, suppliers and processors by next date.

Court also directed the Commissioner Food Safety to inform to these manufacturers, suppliers, processors and companies to file their undertakings/affidavits before the Registrar in terms of previous orders. “The communication shall be send to them through e-mail/speed post to all these persons within one week from today and compliance report in this regard be filed before the next date”, court directed.

Senior counsel appearing Khyber Agro Pvt Ltd submitted that his client has suffered conviction and sentence, by the court of Judicial Magistrate Budgam and in consequence thereof, the production is stopped from April 7 as report of the public analyst is awaited, though the report from accredited laboratory has been received.

In terms of previous order, the said company (Khyber Agro) through its MD has filed affidavit but undertaking has not been filed till date, its counsel submitted that before filing undertaking, clarification is required to be made in respect of previous direction of this court and as per his submissions application in this behalf be filed by his client.

“The MD Khyber Agro Farms Pvt Ltd to file the undertaking in terms of aforesaid order and incase undertakings/affidavits are not filed then appropriate orders will be passed on next date”, the DB said.