Aug 21, 2018
Madras High Court notice to Centre on plea challenging food safety rules
CHENNAI: The Madras High Court on Monday issued a notice to the Union government on a petition from a farmer challenging the latest food safety rules which makes certification mandatory to sell organic produce.
The Erode-based farmer, Selvam Ramaswamy, sought from the court to declare the Food Safety and Standards (Organic Foods) Regulation 2017 as unconstitutional and ultra vires of the Food Safety and Standards Act 2006.
According to the petitioner, under the National Programme for Organic Production (NPOP), certification of the organic farming process, which commences from the seeding stage, is mandatory only for those who export their produce and in all other cases it is only voluntary under the Act.
The Central government had, on January 2, notified the regulation which states that even individual farmers who sell their produce in the domestic market must also obtain the certification which, the petitioner said, was a tedious process and financially unviable for small farmers.
Claiming that a regulation introduced under an Act cannot be ultra vires of the Act itself, the petitioner wanted the court to declare it unconstitutional.
Admitting the plea, a division bench of Justice S Manikumar and Justice Subramonium Prasad directed the Centre to file its reply in three weeks.
Chennai organic farmer challenges food safety rules
An organic farmer has moved the Madras High Court with a PIL petition challenging the latest food safety rules, mandating certification to sell organic produce even in domestic market.
CHENNAI: An organic farmer has moved the Madras High Court with a PIL petition challenging the latest food safety rules, mandating certification to sell organic produce even in domestic market.
A division bench of Justices S Manikumar and Subramonium Prasad, before which the PIL from Selvam Ramaswamy of Erode came up for hearing, ordered notice to the Union government, returnable in three weeks.
Petitioner wanted the bench to declare the Food Safety and Standards (Organic Foods) Regulation, 2017 notified on January 2 last, as ultra vires of the Food Safety and Standards Act, 2006 and hence, unconstitutional.
According to petitioner, under the National Programme for Organic Production (NPOP), certification of the organic farming process, which commences from the seeding stage, is mandatory for those who export their produce alone. In all other cases, the requirement is only voluntary.
However, the Centre on January 2 last notified the regulation which states that even individual farmers, who sell their produce in the domestic market, shall also take the certification which is a tedious process and financially unviable for small farmers. Claiming that a regulation introduced under an Act is ultra vires of the Act itself, the petitioner wanted the court to declare it unconstitutional.
Admitting the plea, a division bench of Justice S Manikumar and Justice Subramonium Prasad directed the Centre to file its reply in three weeks.
HC seeks Centre’s response to plea challenging organic food regulations
The Madras High Court on Monday sought the response of the Centre to a writ petition challenging the validity of Food Safety and Standards (Organic Foods)Regulations of 2017 on the ground that farmers could not be brought under the purview of the Food Safety and Standards Act (FSSA) of 2006.
A Division Bench of Justices S. Manikumar and Subramonium Prasad ordered notices, returnable by September 10, to Union Ministries of Agriculture as well as Commerce and Industry on the petition filed by Selvam Ramaswamy of Erode district. He urged the court to declare the regulations unconstitutional.
His counsel D. Nagasaila argued that the 2017 Regulations were repugnant to Section 18(3) of the FSSA which categorically states that none of its provisions would apply to any farmer, fisherman, farming operations, crops, livestock, aquaculture, supplies used or produced in farming or products of crops produced by a farmer at farm level or a fisherman in his operations.
When farmers had been specifically excluded from the purview of the FSSA, how could the Centre bring in regulations on organic foods, she wondered. It was also pointed out to the court that the 2017 Regulations state that no person shall manufacture, pack, sell, offer for sale, market, distribute or import organic food in violation of its provisions.
Foul oil: Fried chicken outlet loses licence
Chennai: The food safety department has suspended the licence issued to a KFC outlet near Poonamallee for not paying a fine after it failed an oil sample test.
Oil samples collected from the store were found to be substandard, said M Kavikumar, designated officer for Tiruvallur. The department imposed a penalty of Rs 5 lakh on the outlet. The owner did not pay the fine and a divisional revenue officer sent a show-cause notice.
Since there was no response to this, the local food safety officials issued another notice. “As the outlet continued to be unresponsive, we suspended its licence under Section 96 of the Food Safety and Standards Act, 1996,” Kavikumar told TOI.
The act states that the defaulters licence shall be suspended till the penalty is paid.
FSSAI to test Dabur, Zandu, Patanjali honey brands
Food regulator Food Safety and Standards Authority of India (FSSAI) has ordered testing of the popular brands of honey, including Dabur, Zandu and Patanjali, for authenticity.
This comes in the backdrop of growing concern among the public that the honey sold in the market could be adulterated with corn syrup or sugar syrup.
The 'surveillance' report is likely to be made public within a couple of weeks, a senior government official said.
"As part of our surveillance mechanism, we have picked up samples of all the brands of honey sold in the market. The testing is going on. We may release the report in a couple of weeks, though without naming the brands or companies," Pawan Agarwal, CEO, FSSAI, told DNA Money.
The new standards for honey have recently been approved by the health ministry and are likely to be notified in a few days. The compliance and enforcement will start from January 1. "Whenever we implement new standards, we give time to the industry," the CEO said. However, before taking any penal action against the erring firms, the regulator is conducting surveillance tests so that the companies are careful.
"The general sense is that a lot of honey sold in the market is not real but corn syrup or sugar syrup. Whether the perception is right or wrong, the honey has to be tested," said Agarwal. Earlier, the FSSAI didn't have testing methods and parameters to figure out if the honey was authentic or not.
"Hopefully, those who are doing it (adulteration) will be careful now that the FSSAI has standards and methods of analysis," he said.
The violation of the standards will attract a fine of up to Rs three lakh and imprisonment of a maximum of six months for adulteration under Food Safety & Standards Act.
"Our objective is to ensure that the consumer gets what he or she is paying for. Corn or sugar syrup itself is not unsafe, but by calling it honey when it isn't is like deceiving consumers," the official said, adding that consumers would get genuine honey in the market. While the enforcement of the new regulation will start next year, the surveillance is likely to continue.
Corn syrup, also known as glucose syrup to confectioners, is made from the starch of corn or maize and is used in foods to soften texture, add volume, prevent crystallisation of sugar, and enhance flavour.
"FSSAI has been regularly conducting such tests on all food products. It's a welcome move on the part of the authorities as this ensures that only good quality food products reach the consumers," a Dabur spokesperson said when contacted.
According to an Emami spokesperson, "We would like FSSAI to come up with a policy to control the presence of corn syrup and any other form of added sugar which is widely being used for adulteration of honey. There needs to be a standardisation in place based on the international food standards which deals with these kind of adulteration. These steps if taken would ultimately benefit the consumers."
Patanjali did not respond to e-mailed query till the time of going to press.
A SUGARY SYRUP?
The general sense is that a lot of honey sold in the market is not real but corn syrup or sugar syrup
The 'surveillance' report is likely to be made public within a couple of weeks
SJM alleges FSSAI for allowing flooding of unauthorised and banned GM foods in India Written By: Vinod Kumar Shukla
New Delhi, Aug 20: Rashtriya Swayamsevak Sangh (RSS) affiliate organisation Swadeshi Jagran Manch (SJM) has been questioning some of the government policies that have been allowing to compromise interest of people and economy of India as such. In one such matter, the SJM has criticized the issue of fortification of food products, its implication on consumers health and Indian SME sector. The SJM has also come down heavily on Vitamin cartel promoting chemical-based vitamins in India.
SJM co-convener Ashwini Mahajan said that they are organizing a meeting of stakeholders to discuss the implications of the Food Safety and Standards Authority of India's (FSSAI) recent notifications on public health, affordability of foods, Indian SME sector and interference of foreign funded NGOs in Indian food systems.
Indian eating habits are healthy and wholesome and a proper Indian thali provides balanced diet for any individual. Mahajan said that adoption of excessive refined foods based on junk food has created imbalance in Indian food system. The RSS-affiliate body said that another major concern was adulteration in food system. FSSAI was created to ensure that safe and complete food was ensured to citizens. But during various reviews by Parliament and the Supreme Court reminded FSSAI to stick to their mandate and ensure safe and pure food for citizens. However, no improvement is visible.
It alleged that flooding of unauthorised and banned GM foods, adulterated foods, growing imports of junk foods, food quality of school meals, etc. are testimony to the FSSAI functioning which is more keen to please donors and sponsors. The recent notifications of FSSAI on fortification based on 100 per cent imported and synthetic vitamins which are harmful to public health as per medical research reports. Mahajan said, "See the list of partner organisations, they all are foreign funded NGOs which are funded by promoters and shareholders of vitamin companies. Vitamin Cartel is one of the most notorious cartel worldwide and heavily punished by European Commission and even recently President Trump also asked his government to crackdown on Vitamin cartel."
He further alleged that Vitamin Cartel may crack the Indian market with the help of some vested interest in Food Safety Authority in India. It demands CBI inquiry into the entire process and investigate the officers involved in this anti-people agenda. The investigation should also focus on how a few foreign funded NGOs are able to manipulate food safety and standards policy of India. How they could partner with FSSAI on sensitive matters when there is no Indian Institute involved as partner? This is a serious conflict of Interest and attempt to sabotage the entire system to benefit few select MNC and their promotors.
The SJM alleged that the fortification committees were created by hand-picked people which can be manipulated by vested interests. There is no transparent method used because people involved in decision making process have no experience of fortification and no understanding of its implication public health. This will not only hurt public health specially infants, lactating mothers, sensitive consumers groups, patients and many other stake holders but ruin the small and medium food companies and will make way to capture Indian food markets.
SMC raids 10 mava shops
Surat: At least 10 mava makers were raided by officials of the health department of Surat Municipal Corporation in the city on Monday. Around 20 samples were collected and sent for analysis by food safety officials. “We are awaiting report from the laboratory. We will take action against the mava makers on the basis of the report,” an officer said.
More than 1,000kg of mava is used every week during the festive season for making sweets. Most of the sweetmeat m0akers in the city buy mava from wholesalers.
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