May 4, 2017
Gutka ban case: Delhi HC raps authorities for not banning tobacco chewing
May 11 fixed as the next date of hearing
Why should chewing of tobacco not be banned as such a step would end the problem posed by 'gutka' and 'pan masala', the Delhi High Court asked on Wednesday.
The court asked the Food Safety and Standards Authority of India (FSSAI) whether such a step has been taken by the Centre or any of the state governments.
While 'gutka' is a mild stimulant made of areca nut, tobacco and other intoxicants, 'pan masala' is a mixture of betel leaf with lime, areca nut and other items.
"Have you considered banning it? If you say that chewing tobacco is per se harmful, has anyone banned it? You know, if you (authorities) ban it the whole problem would be over," Justice Sanjeev Sachdeva said.
The FSSAI, represented by advocate M Pracha, said there was no need to separately ban chewing of tobacco as the notifications banning 'gutka' covers this aspect as well.
However, the ban is not being enforced or implemented, the lawyer said.
The court, on the other hand, observed that the notification only appeared to ban mixing of chewing tobacco with any eatable item or 'pan masala' and banned 'gutka'.
The FSSAI did not agree with the observation and said that as chewing tobacco is an "unsafe food", its sale would attract penal provisions.
The court was hearing an application moved by a tobacco manufacturing company seeking to amend its main petition challenging the notification banning 'gutka'.
The company wanted to amend its main plea to also challenge the 2017 notification banning 'gutka' as the Delhi government comes out with such orders every year.
The court issued notice to the Delhi government and FSSAI seeking their replies to the plea before the next date of hearing in the main petition on May 11.
HC: Why not ban chewing tobacco?
HC asked the Food Safety and Standards Authority of India (FSSAI) for its stand on the issue and also wished to know if such a step had been taken by the Centre or any state government. While 'gutka' is a mild stimulant made of areca nut, tobacco and other intoxicants, 'pan masala' is a mixture of betel leaf with lime, areca nut and other items.
"Have you considered banning it? If you say that chewing tobacco is per se harmful, has anyone banned it? You know, if you (authorities) ban it the whole problem would be over," Justice Sanjeev Sachdeva said.
The FSSAI submitted there is no need to separately ban chewing of tobacco as the notifications banning 'gutka' covers this aspect as well. However, the ban is not being implemented, the lawyer informed the court.
The court was hearing an application moved by a tobacco manufacturing company seeking to amend its main petition challenging the notification banning 'gutka'. The court issued notice to the Delhi government and FSSAI seeking their replies before the next date of hearing in the main petition on May 11.
Despite ban, chewing tobacco sales continue briskly
Many small shops across the city sell gutkha and other tobacco products (See pix).
The government filed an affidavit stating that it would enforce the provisions of the Food Safety and Standards (Prohibition and Restriction on Sales) Regulation, 2011, section 2.3.4 of which states that "tobacco and nicotine shall not be used as ingredients in any food product" and Shalini Rajneesh, principal secretary, department of health and family welfare, sought six weeks to work towards it. However, a legal notice filed by the Cancer Patients' Aid Association last month claims a "deliberate and intentional act or reckless failure" of health officials in allowing the public access to chewing tobacco.
Shalini maintains that raids continue on shops and stores selling chewing tobacco in its various forms, like gutkha, pan masala etc. "A ban on the manufacture of chewing tobacco cannot be enforced," she said.
Subodh Yadav, state food safety commissioner, said that tobacco units had been permitted under the Cigarettes and Other Tobacco Products Act (COTPA), which empowers them to manufacture tobacco under certain terms and conditions -- such as the display of health warnings on packets, prohibiting their sale less than 100 metres from educational institutions and to minors, and so on, and all companies fall under the ambit of the Act.
"As and when these terms and conditions are violated, the authorities can step in and take action as per COTPA. This Act predates the Food Safety regulation, which is not a pure Act but regulates the presence of tobacco and nicotine in food items -- in this context, anything that is consumed orally,'' he said.
But Dr Vishal Rao, oral oncologist and member of a high-powered committee (HPC) formed two years ago under the chief secretary to advise on tobacco use, said that chewing tobacco should have been banned by the same Act in 2011.
"Anything that is orally ingested constitutes food. By section 2.3.4 of the food safety rules, since chewing tobacco is put into the mouth and consumed, it immediately becomes food. However, over time, various methods were used to manipulate this definition to continue to sell the product. They even started selling it separately, instead of adding tobacco to food (flavoured additives like pan masala), allowing users to buy sachets and mix as they wished," he said.
Dr Rao added that of the approximately 19 departments that came under the HPC, the health lobby was the weakest, with departments like finance, tax, excise and agriculture taking precedence.
Yadav added that the Food Safety regulation was technically weaker than COTPA and section 2.3.4 talked about mixing 'food items' with tobacco, which isn't happening anymore as companies ensure they are sold separately.
"The authority can act as long as these components are mixed. Despite that, we have gone into overdrive and beyond the SC directive by taking action against manufacturers also. We have the power to issue notices, seize samples, send them for tests and file cases but not to shut down manufacturing units," he said.
'We cannot stop consumption'
All individuals are responsible for their own health. A consumer makes an informed choice to consume something. How can I come into the picture and stop somebody? As an authority, we have segregated tobacco from food by ensuring that they are sold separately, but people are buying, mixing and consuming tobacco. Beyond that, what can we do?
Subodh Yadav | Karnataka food safety commissioner
ACTION TAKEN REPORT
(As on May 3, 2017)
20,909 Inspections/ raids
1,261 Samples taken
26,27,308 Sachets seized
46,840 Pouches seized
Rs 2,01,530 Recovered in penalties
68 Cases filed (ADC court)
2,569 Notices issued
(Source: Office of Food Safety and Standard Act, Public Health Institute, Bengaluru)
Seized tobacco sachets pile up in godowns
Srinivas Gowda, food safety joint director, said that cases were booked under the Food Safety Act as well as the Cigarettes and Other Tobacco Products Act (COTPA).
"The cases are filed in the respective district courts. Until the cases are resolved in courts, the confiscated samples are kept in the custody of courts, after which there are some specific methods through which they are destroyed so that they don't recirculate," he said.
As per last year's circular, the nodal officer for the district, along with food safety officers, are to implement the ban under powers conferred by the FSSA under sections 59 and 66.
"Section 59 which is on punishment for unsafe food, has four provisions. The most stringent punishment under this is life imprisonment, with a fine of Rs 5-10 lakh. The minimum is six months' imprisonment with a fine of Rs 1 lakh. Under Section 66, which penalizes offences by companies, the fine is Rs 1 lakh," Gowda said.
By comparison, COTPA carries a lighter punishment. According to a consultant with the state anti-tobacco cell which is responsible for enforcement and imposing fines under COTPA, there are 33 sections under which a person may be charged.
"When it comes to chewing tobacco, if the person operating the point of sale exhibits the products in his shop, he is charged under easy accessibility to minors under Section 6(a) which carries a fine of Rs 200 per violation. If there is an advertisement, he can be charged Rs 2,000 and it carries a 1-2 year prison term as well, under section 5. However, there is no section that charges the shop owner for selling to an adult," he said, adding that sections 5 and 7 of COTPA were non-compoundable, which means that after booking the case, it had to go on trial to decide the punishment.
300 eateries running in Gurugram without licence
GURUGRAM: The department of food safety has decided to launch an extensive drive to crack down on restaurants, hotels and shops selling edibles without any licence in the city.
A rough estimate suggests that there are at least 300 eateries — mainly bakeries, sweet shops, street vendors, tea stalls and such other small outlets that common people visit frequently — across Gurgaon are running without licence.
During the crackdown, which is likely to kick off later this month, officials will inspect all shops and restaurants to check the quality of food or beverages served. Also, officials will check if outlets have registered themselves with the department and whether they have validity licences. Shops found without a valid licence will be sealed and a case will be registered against their owners.
"We will carry out random inspections of shops and collect food samples. Also, we will check their registration and licence details. Owners will be prosecuted in case of any violation," said Dr KK Sharma, the food safety officer, Gurgaon.
In 2014, the department had directed owners of all hotels, restaurants and shops selling eatables to registered themselves under the Food and Safety Act 2006 and obtain licences from the authorities. The department has extended the deadlines to apply for the licence six times in the past three years, yet many eatery owners failed to abide by the order.
Respond to petition on poor food on trains: HC to Centre
A bench of Acting Chief Justice Gital Mittal and Justice Anu Malhotra issued a notice to the Railway Ministry, asking it to ensure that Food Safety and Standards Act regulations were met.
It said the quality of food served on trains and at railway platforms had to be monitored.
The court was hearing a PIL filed by Sardar Jagjit Singh, a retired food inspector with the Railways, who said urgent measures were required to guarantee safe food in restaurants, food plazas, staff canteens and other cooking units run by the railways.
The petitioners counsel K C Mittal, while submitting that 23 million people travelled by train in the country every day, focused on the sale and supply of adulterated food in the Indian Railways.
The lawyer had earlier submitted to the court a CD containing a news report from a television channel on the subject.
"The worst is the insensitivity and the failure on the part of the respondents to take adequate steps to ensure sale and supply of unadulterated, wholesome and hygienic food to 23 million passengers who travel everyday by train (24X7) in different parts of the country," it said.
The petition said food quality should be monitored on passenger and goods trains, pantry cars, other food outlets in railway areas operated by private contractors, Indian Railway Catering and Tourism Corporation Ltd (IRCTC) and food plazas, including unauthorised vendors and canteens run by the railways.
The bench has now fixed May 16 for a hearing on the matter.
Now, a drive against unlicensed food shops in Gurugram
GURUGRAM: In a bid to curb the sale of substandard and adulterated food, a checking drive will be conducted by the department of food safety in the district. The officials will focus on shops that are being run without a license from the department.
Sources reveal that in 2014, the department had issued orders that all shops and restaurants cooking, serving and selling eatables must obtain a license from the authorities. Under the Food and Safety Act 2006, it is mandatory for all hotels, restaurants, dhabas, canteens and even the street cafes vendors to be registered with the authorities, following which a license is issued to them. Since then only 2,506 licenses have been issued till date. Notably, the department has even extended the deadlines to apply for the licenses six times in past three years.
A senior official from the department told TOI that there are at least 300 shops and restaurants across Gurugram which still do not license to cook and serve food and beverages. Such places include bakeries, sweet shops, street cafes, tea stalls etc. too. The drive will begin at the end of this month, under which all the shops and restaurants will be checked for the quality of food sold or served at any of these places. At the same time, the officials will check registration and validity of the license. Those found without a valid license, will be penalized, the shops will be sealed till further action and a case will be registered against the owner.
"From now on we will randomly visits the shops and collect the food samples. At the same time, we will also check the registration and license of the place. In case of not having a valid license, a prosecution will be launched against the owner," said Dr KK Sharma, food safety officer, Gurugram.
Keep strict tabs on bottled water manufacturing units, DC tells officials
MANGALURU: Deputy Commissioner K G Jagadeesha on Wednesday directed officials concerned to ensure continuous inspection of food preparation units across Dakshina Kannada district for effective implementation of Food Safety and Standards Act. The food safety inspectors must specifically pay due attention to bottled water manufacturing units, collect samples periodically, get is tested in the laboratories and ensure that it is fit for human use, DC said.
Chairing a meeting of district level committee under the act, DC said there are 16 bottled water manufacturing units in Dakshina Kannada. Each such units must mandatorily obtain a permission from Indian Standard Institute (ISI) to carry out their activities. Urban local bodies or panchayathi raj bodies are not entitled to issue license to such units in their jurisdiction if they do not ISI license and such licenses must be revoked forthwith if they have issued one.
A detailed note will be issue to all urban local bodies and gram panchayats in this regard shortly, DC said while directing officials to crack down on all illegal water bottling units functioning in the district. Expressing displeasure that periodic inspection of such water bottling units is not happening on a regular basis, Jagadeesha directed the nodal officer under the Act to carry out the same and provide inspection reports to his office in proof of compliance.
Observing there are complaints of chemical adulteration of food sold on roadside eateries, fast food hotels, DC directed the officials to keep a watch out on such food joints as well. He advised people not to use foods served in such joints that are rich in colour for they could be adulterated. Likewise, the authorities concerned must run public awareness campaigns to educate people about the ill-effects of consuming such adulterated food on their health, he noted.
Averring that there are complaints about artificial ripening of fruits using chemicals, he directed the officials to inspect wholesale fruit godowns and wholesale fruit merchants for such instances. Action should be initiated against anyone found guilty of use of chemicals on fruits for pecuniary gains, he said while advising officials to also inspect lorries that bring fruits from outside the state and ensure that there is no chemical adulteration of fruits at source.
Food sales by weight: HC notice to govt
Ahmedabad: Gujarat high court on Wednesday issued notice to the state government and the Controller of Legal Metrology and Director of Consumer Affairs in response to a PIL seeking directions to hotels and restaurants to serve foodon basis of weight, and not per plate or dish.
The petitioner made an interesting argument, claiming that pizzas should not be sold according to diameter size, but the producer must furnish information about the weight of the pizza and charge accordingly.
A Vadodara-based NGO - Gujarat Khedut Hit Rakshak Samiti filed the PIL demanding strict implementation of the Standard of Weight and Measurement Act. It has urged that hotels and restaurants be made to serve food and beverage in standard measure of 100 gram and 100 ml, and charge customers accordingly.
The petitioner has demanded stopping the practice of charging and serving food per dish or plate, which is not mentioned in any law.
The petitioner stated that all hotels and restaurants serve food per dish and the price mentioned is also per dish, which is not a base unit of sale according to law.
There is no mention of dish or plate as a unit of measurement in law argued the petitioner. How would a consumer know about the quantity of food that is going to be served in one dish, asked the petitioner, adding that price is also fixed per dish and this is against the interest of consumers.
The PIL has stated that serving food per dish is a gross violation of Consumer Protection Act. The government is bound to implement the Standard of Weight and Measurement Act because the present practice in the hotel industry is unfair. While a shopkeeper sells food items to customers in weight, why should there be another yardstick for hotels and restaurants in serving food.
The petitioner told the HC that representations in this regard was made in 2015 bringing to their notice that the base unit of mass is kilogram and hotels and restaurants are legally bound to serve food in gram and litre, but the authorities did not respond.
The court has sought reply from the authorities by June 28.
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