FDA ‘courts’ wrong: FSSAI

Acting on complaint from licensees, authority CEO advises state FDA against elevated desks for joint commissioners

The chief executive officer of the Food Safety and Standards Authority of India (FSSAI) has instructed the state Food and Drug Administration (FDA) to remove its court-like set-up stating that this is wrong. The All Food and Drug Licence Holders Association (AFDLHA) had written to the FSSAI and the state commissioner of FDA claiming that the court-like setup in FDA offices is unethical and misleading. The AFDLHA had also claimed that even the joint commissioners of the FDA, who conduct hearings in these court-like set-ups are not empowered to do so according to the Food Safety Standards Act, 2006. The FSSAI ruling comes even as the state FDA commissioner is yet to look into the complaint.

AFDLHA president Abhay Pandey had written to the state FDA commissioner and FSSAI claiming that the arrangement of ‘court’ rooms in Pune, Thane, Nagpur and Nashik. Pandey stated that FDA joint commissioners have made its sitting arrangements like judges in courts with desks three to four feet above the ground with separate sitting arrangements for visitors at a level lower than the joint commissioner’s elevated position. He argued that this is misleading and is disrespectful behaviour towards the Indian judicial system.

Speaking on behalf of the AFDLHA, Pandey said, “This arrangement is only visible in the Maharashtra state FDA offices and there is no similar precedent in other states. The Food Safety Standards Act, 2006, states that when samples of food items are found suspicious during investigation and proved by lab reports, a case has to be filed against persons or institutes found guilty. As per the rule, the case has to be heard by the adjudicating officer who then penalises the culprit according to the case.”

Pandey added, “It is clearly stated in the 2006 Act that the adjudicating officer cannot be below the rank of additional district magistrate. The Maharashtra FDA conducts investigation of cases and notification is issued by the joint commissioners as they are adjudicating officers with a pay scale at par with additional district judges. “The director of FSSAI, who is the implementing officer of the Act had also clearly stated in a letter, ‘It should not be mistaken that a state government officer with a pay scale on a par with the ADM can be notified as adjudicating officer’, This letter had been written by SS Ghonkrokta, former director of FSSAI, to the state government in June 2011.”

Pawan Kumar Agarwal, chief executive officer, FSSAI, said, “We have discussed the issue and we are agreed that the arrangement is not right. We have discussed with the Maharashtra state government and also instructed them that the arrangements need to be reviewed. The discussion happened during a recent meeting involving all food safety commissioners of all states. We have also told them that there was a similar arrangement in the Gujarat FDA but they have changed it now. We have advised the Maharashtra FDA to change it also. The state FDA is examining our suggestion and we are sure they will change it.”

Pallavi Darade, state FDA commissioner said, “I am unaware of the issue and am yet to look into the complaint we received and the suggestion from the association. I am yet to go through the complaint. I cannot comment on this till I do so.”