Jan 24, 2017
Patanjali slapped with Rs 11 lakh fine by Haridwar court on charges of ‘misbranding’
The court ordered Patanjali to pay the fine within one month. It also directed the district food safety department to take appropriate action if there is no improvement in the products in future.
HARIDWAR: A fine of Rs 11 lakh has been imposed on Yoga guru Ramdev's company, Patanjali Ayurved Ltd, by a city court on charges of "misbranding and misrepresentation of its products." In its order, the court of Lalit Narain Mishra, Haridwar's additional district magistrate (ADM), found the company -- which has rapidly diversified into various FMCG segments and is currently eyeing at doubling its revenues from the current Rs 5,000 crore to almost Rs 10,000 crore by the next financial year -- guilty of "releasing misleading advertisements by selling certain products with its own labels although they were being manufactured by some other company." Citing sections 52 (misbranding) and section 53 (misleading advertisement) of the Food Safety and Standards Act, 2006 as well as Section 23.1 (5) of Food Safety and Standard (Packaging and Labelling Regulations, 2011) Act, the court ordered Patanjali to pay the fine within one month. It also directed the district food safety department to "take appropriate action if there is no improvement in the products in future."
A case against the company was filed at the ADM's court in November 2012 after samples of the company's products including honey, salt, mustard oil, fruit jam and besan (gram flour) picked up for sampling on August 16, 2012, allegedly failed quality tests. The tests were conducted at Uttarakhand's only FSSAI-certified drugs and food testing lab located at Rudrapur. The case had been ongoing ever since. The order regarding the fine imposed on the company was given by the court on December 1, but became public a day ago.
Elaborating on the order, Yogendra Pandey, Haridwar's food safety department in-charge, told TOI, " Patanjali has been found guilty of misbranding some of its products. The wrapper of the company's mustard oil (kachchi ghani) said it was 'Patanjali Ayurveda's special product.' But it was in fact manufactured at a company in Rajasthan. Patanjali has confessed the mistake and changed the wrapper. Keeping this in view, the fine in all six cases against the company has been reduced to a cumulative amount of Rs 11 lakh. Usually, the fine for a case of misbranding is Rs 3 lakh, releasing misleading advertisements leads to a penalty of Rs 10 lakh and substandard quality entails a fine of Rs 5 lakh."
The judgment also quotes the report of the food analyst, Rudrapur, which says that "the samples picked for testing failed to clear quality tests." However, it does not elaborate on the nature of the tests and the parameters on which the products were found lacking.
Reacting to the order, Acharya Balkrishna, managing director and primary stakeholder, Patanjali Ayurved, told TOI that the company's products were "completely safe and their quality was unquestionable." "I have not received the order yet, only heard about it. I think this is a political ploy to tarnish Patanjali's image. We will react suitably to it," he said.
SUGAR FACTORIES NEED TO INCLUDE MOLASSES’ STORAGE IN EXISTING LICENCES
January 2017: The Food Safety and Standards Authority of India (FSSAI), in a recent order, has asked sugar factories to include the storage of molasses in its existing licences. The move is in line with the regulator’s concerns about the lack of hygienic storage conditions for molasses, a by-product of sugarcane which is further used to manufacture other food products.
Raising serious concerns, the order stated, “Audit authorities have also raised the issue regarding the lack of requisite storage conditions for molasses, which is then used as an ingredient for manufacturing of other food commodity.”
The order stated, “Regulation 3.7, Part II of Schedule 4 of the Food Safety and Standards (Licencing and Registration of Food Business) Regulations, 2011 mentions that the equipment and containers for waste, by-products and inedible or dangerous substances, shall be specifically identifiable and suitably constructed.”
Meanwhile, molasses is also regulated by other authorities. The order observed, “It has been learnt that the sale, distribution and use of molasses is also regulated under the licence granted by the State Excise Department.”
Hardeep Singh Dhillon, chairman, Bhogpur Cooperative Sugar Mills Ltd, Jalandhar, Punjab, said, “The policies which are issued by the Centre have to be followed by the sugar industry, as these policies are not only restricted to states, but it also for the nation as a whole.”
“I hope that all the states will include the storage in their respective licences. Some of the state food and drug administrations (FDAs) have also communicated the order to the associations for better communication and ensuring enforcement,” he added.
Dhillon said, “Apart from state authorities, there are inspections conducted by the excise departments. Special inspections are undertaken by the state committees. Sugar manufacturers usually adhere to the laws to avoid any issues in this regard.”Based on the above citations from the regulations, the regulator has decided that it will ask the food business operators (FBOs) involved in the sugar processing business to secure licences under FSSAI for storage of molasses.
The order stated, “Accordingly, FBOs involved in the production/ manufacture of sugar may also be advised to include/endorse storage under the kind of business in their existing FSSAI licences and their storage may be inspected to ensure compliance with the above mentioned provisions and regulations.”
Moreover, molasses is used as the principal ingredient in the distillation of rum and as a humectant in jerky processing (slicing or forming the meat or poultry, marinating, heating, and then drying the strips). It is recognised as a superfood due to its vitamin content and also used in producing animal feed.
A food safety officer from FDA Maharashtra, said, “This order is a result of continuous warnings given to these sugar factories regarding maintaining hygiene for places where the molasses is stored.”
Authorities wake up to insanitary condition of food outlets
Impose fine of Rs 92000 on 7 meat sellers, bakers
The Drug and Food Control Organization (DFCO) has initiated action against 58 Food Business Operators in the summer capital for maintaining insanitary conditions in the premises.
DFCO in a statement said that it imposed a fine of Rs 92,000 on seven Food Business Operators found to be maintaining insanitary conditions in the premises.
“The prosecution in the court of law had been started against food business operators found selling, manufacturing food items in insanitary conditions. Adjudicating Officer has imposed a fine of Rs 92000 on seven Food Business operators for selling substandard, misbranded food articles,” the statement said.
Pertinently, Additional Deputy Commissioner Srinagar holds the post of Adjucating officer. DFCO statement said that food safety wing of Drugs and Food Control organization Srinagar had launched 58 prosecutions in the court of adjudicating Officer Srinagar against various meat sellers and bakers for selling, manufacture of food articles in insanitary conditions.
DFCO officials said that the department was conducting regular checks of Food Business Operators of all kinds and was regularly initiating action against those found violating rules.
“The sale/manufacture of Food articles in insanitary conditions is punishable offence with a fine up to Rupees one lakh under section 56 of the Food Safety & Standards Act 2006,” the statement added.
Food business operators fined for safety violation
SRINAGAR: According to Assistant Commissioner Food Safety Srinagar, seven food business operators were fined in the summer capital for safety violation by Adjudicating Officer (ADC Srinagar).
The erring food business operators were fined Rs 92000 for selling substandard and misbranded food articles.
The Assistant Commissioner said that food safety wing of Drugs and Food Control Organization has launched 58 prosecutions in the court of adjudicating Officer Srinagar against various butchers and nanwaies for selling and manufacture of food articles in insanitary conditions.
He said that sale/manufacture of food articles in unhygienic conditions is punishable offence with a fine up to Rs 1 lakh under section 56 of the Food Safety & Standards Act 2006.
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