Dec 9, 2017
FSSAI order seeks to scrap cases filed under old food safety norms
Order comes less than two weeks after Nestle India was slapped with a fine of Rs45 lakh in Shahjahanpur,
In a big relief to food companies, the country’s food regulator Food Safety and Standards Authority of India (FSSAI) on Friday issued an order that effectively scraps almost all cases filed against food business operators for alleged violations of food safety standards and regulations in the past.
This would, according to the FSSAI order, prevent “avoidable harassment” of food companies.
“Commissioners of food safety are advised to withdraw, or at least not pursue, cases for violation of old norms and standards unless these are still not in conformity with the new/revised standards so that avoidable harassment of food business operators could be prevented,” the FSSAI order reads.
The order comes less than two weeks after the additional district magistrate of Shahjahanpur, Uttar Pradesh, slapped a fine of Rs45 lakh on Nestle India Ltd, Rs15 lakh on three of its distributors and Rs11 lakh on two retailers. The penalty was imposed in cases filed by the Uttar Pradesh Food Safety and Drug Administration based on reports by a Lucknow-based laboratory in 2016. The laboratory found higher than permissible ash content in samples of Maggi noodles that were collected back in 2015.
Besides denying the allegations, Nestle India had said in a statement that the tests were conducted applying “incorrect standards”.
The rationale behind the FSSAI order, as pointed out by the food regulator, is the formation of new standards and amendments to old regulations. During the last few years, FSSAI has notified a number of new standards, besides amending some of the old ones.
In the absence of a clear directive from FSSAI, state-level food safety inspectors had been following either old or new standards, or both, to identify violators. State food authorities have filed cases with different courts, sometimes at the district level, and these are being pursued until settlement.
Between April 2008 and 31 March 2016, food inspectors picked up 681,021 samples for testing across the country, of which 95,828 were found to be adulterated or mis-branded, and a total number of 69,759 cases, both criminal and civil, were lodged against food business operators, according to FSSAI reports. Many of these cases are yet to be settled. FSSAI’s annual report for the year ended 31 March 2017 has not yet been published.
Currently, food companies across the supply chain in India are required to comply with the provisions of the Food Safety and Standards Act, 2006. Before this Act, food products were governed by the Prevention of Food Adulteration Act, 1954.
The field machinery tasked with the responsibility of ensuring food safety, noted FSSAI in its order, may have lodged cases against some food business operators for violation of the “old standards even though the impugned products may now be in conformity with the new or revised standards”.
“It may be appreciated that such revision of standards has taken place after taking into account all scientific evidence required to ensure appropriate level of protection of human life and health. Engaging of state machinery in pursuing such cases not only diverts the scarce human resources of the government but also burdens the judicial system,” the FSSAI order added.
Food companies are happy with the latest order. “We are pleased... and welcome this as a progressive step which will help reduce confusion among food business operators, enforcement authorities and other stakeholders,” said a Nestle India spokesperson.
Hemant Malik, ITC Ltd’s divisional chief executive (foods division), also welcomed the order.
'Need more experts to ensure food safety'
Agarwal was in the city to attend the 26th Indian Convention of Food Scientists and Technologists (AFSTi).
"FSSAI and AFSTi will work together in the future to start government certified online courses to create experts who can tackle food safety issues," said Agarwal sharing that FSSAI has also proposed internships and research-based projects that can directly allow students to work on the most pressing issues in food safety in India.
Stressing the importance of reaching out to the population to realise the value of nutrition and food safety, Agarwal said: "With 134 crore Indians to feed, and a majority of the sector being unorganised, it is essential that we create professionals who can bring awareness."
On Xmas eve, 21 cake and wine-makers get stop memo
As part of first phase of inspections conducted from Wednesday to Friday, functioning of 21 units were temporarily stopped due to unhygienic conditions and for operating without mandatory license. As many as 582 out of the total 1,287 food production units were slapped with improvement notices. A total fine of Rs 11,58,500 was imposed on erring units. The squad collected 31 food samples for further testing.
A fine of Rs 1,56,500 was imposed in Thiruvananthapuram district alone. Of the 81 institutions inspected in the district, 26 were slapped with improvement notices while two were served temporary closure notice.
In Kollam, 41 institutions were served improvement notices. A fine of Rs 97,000 was slapped on various units.
Temporary closure notices were served to one institution in Pathanamthitta, five in Alappuzha, two in Thrissur and nine in Malappuram.
Notices were served to 29 units in Pathanamtitta, 39 in Alappuzha, 53 in Kottayam, 32 in Idukki, 51 in Ernakulam, 65 in Thrissur, 29 in Palakkad, 68 in Malappuram, 62 in Kozhikode, 34 in Wayanad and 30 in Kannur. Food safety department said that inspections will continue.
Primacy for safety of pilgrims: Minister
The Forest Department and the Food Safety Department should stop actions that caused difficulties to pilgrims, Minister for Devaswom Kadakampally Surendran has said.
He was reviewing the functioning of various departments and the Travancore Devaswom Board during the Mandalam-Makaravilakku pilgrim season at Pampa on Friday.
The Kerala State Electricity Board had erected temporary posts with lamps at Pampa Hilltop to avert accidents during the pilgrim season. Unfortunately, a forest official removed these posts, claiming that the area came under the Forest Department. In case of accidents in the area due to lack of proper lighting, the official concerned would be held responsible, Mr. Surendran said.
The Minister directed the District Collector to take necessary steps to ensure adequate facilities for the pilgrims, invoking the Kerala State Disaster Management Rules.
Similarly, the Forest Department had taken over the land used as parking ground for Kerala State Road Transport Corporation buses at Pampa, forcing the corporation to park its buses along the Pampa- Chalakkayam road. The parking of vehicles on the main trunk road might lead to traffic bottlenecks, Mr. Surendran said.
The Minister said the Food Safety Department had even taken samples of the prasadom at the Sabarimala temple for quality analysis. Such a situation was not there in the past and the department should restrain themselves from causing inconveniences to the pilgrims season, he said. The focus was on ensuring the safety of the pilgrims, the Minister said stressing the need for foolproof security arrangements.
Mr. Surendran said as many as nine pilgrims died of cardiac ailments at Sabarimala during the pilgrim season. The Forest Department and the TDB had arranged an off-road ambulance each at the Sannidhanam and Pampa for carrying pilgrims in case of an emergency.
Gutka use rampant despite ban, 8.2% women use tobacco orally
MUMBAI: The Maharashtra leg of the Global Adult Tobacco Survey (GATS) 2016-17 shows that there is a statistically significant prevalence of women taking betel quid with tobacco (3.8% of adult women) as well as tobacco for oral application(8.2%). "Around 6.6% of women take khaini," said Shulbha Parsuraman of TISS. Around 8.6% of the total population uses gutka, which is a banned product in Maharashtra.
Health minister Dr Deepak Sawant said, "Gutka and pan masala were banned in Maharashtra in 2012. Yet there is a sizeable number taking it. Action needs to be taken in this regard." Incidentally, the ban on gutkha and pan masala is not being implemented by the health ministry. Enforcement of the law is the responsibility of the FDA.
The biggest health concern highlighted by the survey is the significant number of women smokers in Maharashtra. "When we conducted the first GATS survey in 2009, the number of women smoking cigarettes was nearly zero or statistically not significant, but the new survey has found that almost 1% smoke cigarettes or bidis," said Sulabha Parsuraman of TISS that carried out the survey. Dr P C Gupta of Healis, who was associated with the exercise, said the number of women smokers is almost as high as 8 lakh. "The fact that this rise has taken place in just eight years is worrisome," he said.
Most experts attributed lifestyle reasons for women taking up smoking. "In a popular film, the ending had the women protagonists celebrating their victory by smoking and drinking. So, the message is clear here," said Dr Gupta. Cancer surgeon Dra Pankaj Chaturvedi said there is a misconception that smoking kills hunger pangs. "Some women believe they can control their weight by smoking," he said.
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