FDA still unsure if drinking water cans need to be sealed

Nagpur: To curb the sale of non-potable water, the ministry of health and family welfare has made it mandatory to sell packaged drinking water in sealed containers. However, the Food and Drugs Administration (FDA) seems to be washing its hands of enforcing the new law.

A notification issued by the ministry on November 15, 2016, describes amendments made in the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011. Defining 'packaged drinking water' as "water, other than natural mineral water, that is likely used for human consumption and is offered or sold in a packaged form", the new regulations state that it has to be filled in sealed containers.

In September last year, TOI was the first to report how city's water filtration units were selling drinking water in chilled cans and jars. The units were running without licenses from Bureau of Indian Standards (BIS) or Food Safety and Standards Authority of India (FSSAI), which are mandatory for selling packaged drinking water. The unhygienic and unmonitored conditions at the units raised serious concerns over the quality of 'drinking' water that was being sold to people.

While many feel that the "new definition ends all ambiguity", allowing authorities to take action against such units, FDA still seems unclear. "The rules are for packaged drinking water and will not necessarily include water sold in cans or jars. We will have to look into it," said Motiram Chapla Pawar, assistant commissioner of FDA, Nagpur.

On the other hand, associations of packaged drinking water have countered that the regulations are applicable for water that is packed in any form and sold for human consumption. The Food Safety and Standards Act, 2006, defines package as "pre-packed box, bottle, casket, tin, barrel, case, etc".

"The definition widely covers everything and water sold in chilled cans or jars also come under packaged drinking water. All these years, FDA did not take action due to lacunae in the rules. But now it is clear that water has to be sold in sealed containers only," said Apurva Doshi, chief coordinator of Federation of All India Packaged Drinking Water Manufacturers Association.

Replying to a RTI query regarding action on illegal water manufacturing units, the FDA stated that it will act after March 1, when the new rules come into force. "If they are still not sure if it comes under their purview, why did they assure to take action," said hydrogeologist Vishal Doifode.

Santosh Sinha, president of Packaged Drinking Water Manufacturer's Welfare Association, Nagpur, said that around 750 units are operating in the city without BIS or FSSAI license. Doshi said while 5,500 plants in the country are approved by BIS, another 10,000 or so are running without licenses.