May 24, 2017
Court directs for appointment of Food Commissioners
Penalty for food adulteration not enough: HC
SRINAGAR, May 23: The High Court today directed the Government to create post for Food Safety Commissioner and other allied post under Food Safety and Standards Act by next date of hearing of the case.
These directions came after the Court has been informed by Controller Food Safety that the charge of Food Safety Commissioner (FSC) is with the Commissioner/Secretary Health Department and the proposal for appointment of FSC was sent to Government but there has been no response till date.
She also informed the court about the allied post in the department. She submitted that there are 106 posts of Food Safety Officers (FSO) and out of it 70 are in place and further 36 have been referred to recruitment board (SSRB) for filling up of remaining posts.
The Division Bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey directed for filling up of these posts by next date and sought status report in this connection form the concerned authorities. “Posts of Food analyst be also filled up by next date”, DB directed.
Court during the proceedings questioned to Controller Food Safety whether these 76 FSOs are fully qualified for the post to which, she said, they are. Court also questioned about the mobile vans, which were formed in terms of previous directions and in this regard court has been informed that department has received 5 mobile vans but manpower (drivers) for these vans are yet to be appointed.
Court also directed authorities for installation of required equipments in both the labs at Srinagar as well as in Jammu to meet the requirements and in this regard Court directed Chief Executive Officer of Food Authority of India to depute a qualified person to visit both the labs in Srinagar as well as in Jammu to find out as to whether these Labs are fulfilling the requirements under the Food Safety Standards Act. “Learned counsel for State (M I DR) shall communicate the order to CEO FAI for information”.
Meanwhile, Court has been apprised about the steps taken for controlling the food adulteration and in this regard as per status report number of samples have been taken in Jammu as well as in Srinagar and cases filed against those who have been found to be selling sub-standard food and lakhs of rupees have been realized from them as penalty. Court, to this, observed that penalty is not enough and asked “if a child is given substandard food, what would happen to him”?
Court has been informed that Rs 8.5 crores have been received for further up-gradation of two labs.
Court was apprised that from March 2016 to March 2017, 2179 samples have been lifted in Jammu Division and 1806 samples were tested in which 365 samples have been found in contravention of FSS Act and 373 samples are pending for testing. In Kashmir Division, 1594 samples have been lifted and 1150 samples tested Out of them, 241 have been found in contravention of FSS Act and 444 samples are pending for testing.
In Kashmir as well as in Jammu Division, prosecution has been launched against 156 and 260 respectively as also Rs 55,500 and Rs 8,34,500 have been imposed as penalty on food business operators respectively.
Equip food testing labs:High Court directs Government
The Jammu and Kashmir High Court on Tuesday directed state government to install all necessary equipments in food testing labs at Srinagar and Jammu.
A division bench of Chief Justice Badar Durrez Ahmad and Justice Ali Muhammad Magrey also directed Chief Executive Officer (CEO) Food Authority of India to depute a qualified person who would visit the two labs and see if they function in keeping with Food Safety and Standard Act 2006.
As soon as the PIL seeking to curb food adulteration in the state came up for hearing, Amicus Curie Bashir Ahmad Bashir raised the issues related to functioning of food testing labs and deficiency of manpower.
While the court was informed that 76 Food Safety Officers (FSOs) were in place out of 106, it directed for filling up of 36 posts lying vacant. The court also said that food analyst post be also filled up by next date of hearing. The court was however informed that 36 posts of FSOs have been referred to Services Selection Board.
After it was informed that Commissioner Secretary Health Department was holding additional charge of Food Safety Commissioner, It asked the concerned authorities to create post for Food Safety Commissioner immediately as it is a statutory post.
The court was however informed that Rs 8.5 cr were provided for further up-gradation of the two labs.
Moreover, the government informed the court that five mobile labs two each for Jammu and Srinagar besides one for Ladakh have been purchased and they will become functional after manpower is available. “Provide manpower for mobile vans meant for food checking,” the court said.
In April 2016, after taking suo-moto cognizance of news reports in Greater Kashmir on food adulteration and rising cancer incidence in the Valley, the High Court treated the reports as PIL.
NVCO condemns selling spoilt food
Kohima, May 23 (MExN): Nagaland Voluntary Consumers’ Organisation (NVCO) today alleged that a bakery in Kohima sold spoilt chicken bun to a customer.
A press release from the Press & Media Cell, NVCO informed that the customer took his grievance to the Department of Food Safety and further brought it to the notice of the NVCO.
Condemning the act of the food operator, President of NVCO Kezhokhoto Savi asserted the case is to be dealt with very seriously as it concerns “seriously causing harm to our citizens’ health especially the innocent and ignorant consumers which may lead to food poisoning,” the release said. He added that similar problem is becoming more and more common in the market.
The release informed that the Government of Nagaland has already implemented the Food Safety & Standard Act 2006 in the State and the Chief Medical Officer Kohima has informed the food business operators, including hotels, restaurants, provisions, bakeries, groceries, home based canteens of schools/colleges, office, tea stall, street food vendors, etc. to obtain food safety license/registration. As per the Act, it said, the Food Safety Officer should check all the mentioned food business operators.
The Food Safety & Standard Act 2006, NVCO stated, aims to consolidate the law relating to food and to establish the Food Safety & Standards Authority of India (FSSAI) for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of sale and wholesome food for human consumption in the country.
Food safety refers to the condition and practices that preserve the quality of food to prevent contamination of food borne illness, it added.
FDA sends notices to four illegal units
Pune: The Food & Drugs Administration (FDA) has sent notices to four Uruli Kanchan-based drinking water packaging units. FDA officials said these four units did not have a Food Safety and Standards Authority of India (FSSAI) licence and a BIS certification.
8,800 litres of water worth Rs 62,612 was confiscated. The FSSAI licence is mandatory to start a drinking water packaging unit. The BIS certification provides a third party guarantee of quality, safety and reliability.
FDA (Food) Joint Commissioner Shivaji Desai told Sakal Times they inspected the four firms, Sai Industries Pure Drinking Water, Navdisha Filter Water, Abhijeet Enterprises and Akansha Industries. Their plants have been sealed and notices issued to them to stop business activities. The investigation concluded on May 12.
Speaking about the investigation process, FDA Assistant Commissioner Sampat Deshmukh said 12 samples were taken for testing.
“We have confiscated 8,800 litres of water which is worth Rs 62,612. Mostly, maximum retail price (MRP) of a one-litre bottle is around Rs 15 to 20,” said Deshmukh.
Desai said legal cases will be filed against these units. “Under the relevant act, once the industry is found guilty, then there will be six months of rigorous imprisonment and a fine of Rs 5 lakh for not having a legal licence to make packaged drinking water. More such inspections will be carried out by the department in the future as well.”
TN farmers’ body KVVMS seeks ban on trade in chemically-produced sago
Mumbai: Sago (commonly known as sabudana) is again under the scanner after Kalkurichi Vellalapatti Vevasaikal Munnatra Sangam (KVVMS), a Tamil Nadu-based farmers’ body, sought a ban on trade in sago, which has alleged been produced using chemicals, across India.
The association wrote a letter to consumer affairs, food and public distribution minister Ram Vilas Paswan, requesting him to ban it. Letters were also sent to other authorities in this regard. These included the prime minister’s office (PMO) and the ministries of commerce and industry and finance.
The farmers also filed a petition in the Madras High Court.
KVVMS’ members alleged that the sago was adulterated with rotten and decayed tapioca starch, adding that the same was being sold to the consumers with the approval of the authorities in Tamil Nadu’s food safety department, the Salem-based starch and sago manufacturer Sago Serve and traders in Tamil Nadu.
R Chandrasekaran, the body’s secretary and petitioner, said, “The manufacturers are selling sago which was manufactured three years ago. It has now expired, and if consumed, is harmful for human health, as it contains fungus and live insects.”
“The production of sago is the highest in the state of Tamil Nadu. Ninety per cent of the sago produced in the southern state is consumed in cities across Maharashtra, including Mumbai, Pune, Nashik and Nagpur. Ten to 15 per cent of it is consumed in Madhya Pradesh,” he added.
The Food Safety and Standard Authority of India (FSSAI) came in existences in 2011. Since 2012, KVVMS has been approaching it to look into the matter, wherein chemically-processed sago is being sold to the consumers.
Chandrasekaran said, “In 2015, KVVMS approached the Madras High Court with just one question: Is the processed sago fit for human consumption?”
“The court, in its decision, stated that if any trader was found selling chemically-processed sago, strict action would be taken against him,” he added.
“It urged FSSAI to issue standards and a testing methodology for sago. The apex regulator was ordered by the court to streamline the regulations for sago within two months,” Chandrasekharan said.
He added, “As directed by the Madras High Court, FSSAI issued the draft standards for tapioca or sago. A major part, dealing with testing, was missing in the draft. The method of analysis of sago and the tests that must be conducted to check the safety parameters to ensure that it is safe are also missing.”
FSSAI prescribed new norms for tapioca (sago) in the new draft it released . The draft regulations for starchy foods under tapioca sago or palm sago stated that they should be free from insect infestation, live/dead insects, dirt, extraneous matter, added colouring matter, visible mould growth, bleaching whitening agents or optical whiteners, sweetening agents or any other adulterant.
“In February 2017, the court ordered that the new norms of the government order be adopted. However, no action has been taken in the matter to date,” stated Chandrasekharan.
An official from Food and Drug Administration (FDA) Maharashtra said, “We haven’t received any complaint in the matter so far.”
A food safety officer (FSO) from Nagpur, Maharashtra, denied the receipt of any complaint relating to expired or chemically-processed sago in the region so far.
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