HC rejects food panel’s claims of fool-proof pesticide checks

The Delhi High Court on Tuesday rejected the claims of the Food Safety and Standards Authority of India (FSSAI) that there is a well-established system to monitor presence of pesticides in fruits, vegetables and other food items in the country. The court noted that on many occasions impermissible pesticides have been found in vegetables sold in Delhi and NCR.
A bench of Justices S K Kaul and Rajiv Shakdher also dubbed the “tall claims” of the FSSAI as “surprising” after perusing their affidavit, which informed the court that there were 68 state pesticide testing laboratories, besides regional and the referral central insecticides laboratory for monitoring food products in the country.
“We find these pleadings surprising because the material brought on record shows a picture which is far from what is painted in the affidavit. Impermissible pesticides have been found in the vegetables in the National Capital Territory (NCT),” said the bench.
The court was adjudicating the matter after taking suo motu notice of reports, stating impermissible pesticides were found in vegetables and fruits, especially in those sold in Delhi.
On the question of the presence of Endosulfan in food items, despite the pesticide being banned, the FSSAI submitted in court that though the ban was in place, the pesticide content already mixed with groundwater and soil could contaminate fruits and vegetables for many more years.
Another affidavit by the Department of Agriculture and Cooperation, Ministry of Agriculture, highlighted that it was necessary to check the presence of pesticides before fruits and vegetables reached the market. Keeping a tab on the farmers would help check this, the report said.
The bench said: “The burden is sought to be passed on by observing that the usage of pesticides is required to be tackled at the farmer-level.”
“We must note that in pursuance to our last order, we have called for a Joint Report only to ensure that there is a coordinated approach rather than different departments having their say. We find absence of such a report,” said the court while holding that there must be a comprehensive policy to check the presence of pesticides in food items.
“We, therefore, direct that authorities concerned hold a joint meeting to draft a policy, to be placed before us,” said the bench.

Food Safety Act hits roadblock

KOCHI: The state government, which has set August as the deadline to fully implement the Food Safety and Standards Act (FSSA) 2006, is confronted with various constraints like resource crunch, staff shortage and lack of infrastructure, which are making it hard to set the ball rolling.
“Though the Food Safety & Standards Act (FSSA) 2006, came into force on August 5 last year, the government has been in a transition period, with the hope of implementing the Act in totality by August this year. However, at the pace the government is moving, it seems unlikely that the Act will be fully implemented on time,” sources in the office of the Commissioner of Food Safety, said.
They said that if things moved at the present pace, then it would take another year to implement the Act in the state.
“One of the major constraints is the severe shortage of adequate staff and law enforcement officials,” sources said and added that even the Food Safety Commissioners, who have to be of secretary rank, are yet to be appointed. Those who are now at the top post have been given only additional charges, they pointed out.
Only a separate person appointed at the top will be able to co-ordinate with the various departments, they said.
The district offices are also facing the same issues. “There are hardly five to six persons, including the officer, to deal with nearly 10,000 licensees in a district,” they said.
There are no accredited labs in the state for testing the food samples.
“Proposals for upgrading the analytical labs have been put forth and we hope this will be done at the earliest,” Joint Food Safety Commissioner Anil Kumar said.
Sources said that the three analytical labs in the state are non-functional and have neither the equipment nor the technical manpower to conduct the validation of food additives.
They also said that no judicial officials have been appointed till now as part of the FSSA 2006. Appellate tribunals, adjudicating officers and special courts, which are important elements of the Act, have not been formed yet, they said. Moreover, there is no standardised equipment for the collection of food samples, all of which is contributing to the delay.

Stale or bland food, ring it out!

KOCHI: If you have had a bitter experience with the food served in a restaurant or delivered by a caterer, fret not, here comes the solution. The government is going to introduce a toll-free number through which you can register the complaint with food safety officers.

The facility is expected to be functional by August. “The government has decided to introduce the toll-free number as per the directions of the Food Safety and Standards Authority of India,” said joint food safety commissioner Anil Kumar.

“The process is on, and the number would be introduced only after looking into every aspect,” he said. “The type of complaints have also to be looked into. It’s modus operandi is also under discussion,” he added.

Once the Food Safety and Standards Act 2006 is fully implemented in the state, the toll-free facility would have its impact. “The Act will ensure hygiene and quality of food products. More such reforms will be followed,” chief food inspector of Ernakulam Muhammed Rafi said.

Officials in the Department of Health said that this facility would make the whole system vibrant. It would keep tabs on hotels, restaurants and food chains. With this facility people would have a direct link with the enforcement agency which would streamline the whole process, the officials said.

“The general public can also inform us if they come across instances of caterers or hoteliers transporting food in an unhygienic manner,” they said.

Further, owners of food outlets can register complaints against the officials through the number. “If they think that any official was targeting them and their shop was sealed purposefully, they can complain against the official concerned,” they said. The facility can also be used for making suggestions as well, they added.

FOOD AUTHORITY CRACKDOWN: PROVE ADVERTISING CLAIMS

MULTIGRAIN noodles that claim to be healthier than the regular variety, digestive biscuits that help weight loss and drinks that make champions out of little children -- cracking down on such advertisements, the Food Safety and Standards Authority of India (FSSAI) has sent notices to the manufacturers asking them to justify the claims with appropriate evidence of face action for violating the advertising code for food items and supplements.
Among those who have been issued notices are: Maggi multigrain noodles, Top Ramen (which has brought out an oats version), Nutrichoice biscuits, Horlicks, Complan, Heartcare biscuits, Bournvita Lil Champs and Pediasure food supplement. The products were identified after months of monitoring the advertisements. The companies have been told to respond within a fortnight.
“The issue is not of misleading, but there are issues of governance involved. The Ministry of Company Affairs must also seek compliance from such large MNCs on giving declarations in their annual reports that they have not issued any misleading advertisements or have not
been served with any notice from the food regulator about misbranding/ misleading advertisements,” said FSSAI director (administration) Asim Choudhary in an e-mail to The Indian Express.
“Similarly these companies must not not be allowed to telecast such advertisements by the Information and Broadcasting Ministry and there should also be a ban on their advertising on social networking sites so that in course of time these misleading advertisements will be monitored at more than one level,” said Choudhary, adding that the notices were sent about “a week-10 days ago”.
Some of the questions that the FSSAI has raised are: what are the sugar and other components used in Nutrichoice by Britannia that make the biscuits healthy; what is the basis of the multigrain claim of Maggi (Nestle product) and oats claim of Top Ramen (Nissin); how Complan (Heinz) makes children grow taller faster; how Bournvita Lil Champs (Cadburys) triggers better brain development.
Nestle spokesperson Himanshu Manglik said the company was yet to receive any notice. But a spokesperson of Cadburys said: “We had received a request for information from the FSSAI on the ingredients of Bournvita Lil Champs. We have provided all relevant scientific facts and data on the composition of our product.”
According to the Food Safety and Standards Act 2006, “any person who publishes or is party to the publication of an advertisement, which (i) falsely describes any food or (ii) is likely to mislead as to the nature or substance or quality of any food or gives false guarantee, shall be liable to a penalty which may extend to Rs 10 lakh.”

Food authority to set standards for alcoholic drinks

State Safety Commissionerate understaffed?

Short of 130 Food Safety Officers (FSOs), the State Food Safety Commissionerate is finding it difficult to enforce the Food Safety and Standards Rules, 2011. Karnataka requires 234 Food Safety Officers, but the state has managed to train only 104 officers.
Speaking to Express B S Rama Prasad, State Food Safety commissioner, says the appointment of FSOs is not an easy procedure.
“It is easy to say these vacancies have to be filled. But the work is technical and we need officers who are specially trained under the new Act. No ordinary training will suffice,” he explained. He added that the commissionerate needed to re-designate, retrain and re-orient existing officers. Despite that, there is still a shortage of officers.
“We have forwarded our proposal to the state government for the appointment of an independent cadre. We have framed the cadre requirement rules as well,” he added. The rules specify that to be an FSO, one needs to have a degree in ‘Food Technology/Dairy, Technology/Biotechnology/Oil Technology /Agricultural Sciences or Veterinary Sciences, and must be trained by the Food Authority in a recognised institute approved for the purpose (as per the Rules).
Due to the shortage, existing officers are forced to handle a vast area making it difficult to enforce the provisions of the Act. Additionally, the officers also lack sufficient awareness and education about the new Act. Dr Srinivasa Gowda, Joint Director of Public Health Institute, Government of Karnataka, said that even in the category of designated officers, some officers in the state lack training.
“Out of 30 designated Ooficers, 19 have been trained. The remaining 11 will have to be trained by the ones who have already received training,” he explained.
Since the Act and its rules have come into force only in August 2011, officials believe that the commissionerate will be able to consolidate itself soon. “The proposal for appointment is with the state government. We expect a reply soon,” said Gowda. Replacing the Prevention of Food Adulteration Act, The Food Safety and Standards Act (FSSA) came into force on August 5, 2011.
According to these rules, a food safety team is appointed in each state.