Effect of FSS Regulations on food product standards and food additives

The Food Safety and Standards Act, 2006
The food processing industry is widely recognised as the 'sunrise industry' in India and is of enormous significance for India's development because it is a vital linkage between the industry and agriculture.

Earlier the food processing industry in India was governed or regulated by several Acts and orders to safeguard food safety and the health of the consumer. But due to variation in the specifications / standards in different Acts / Orders, and administration by different departments and ministries, there were implementation problems and less importance was given to safety standards over a period of time. The food industry was facing problems as different products were governed by different orders and ministries and the rules and regulations in the country needed consolidation.

The Food Safety and Standards Act 2006 was introduced to overcome these shortcomings and to give more importance to safety standards. This Act consolidates the laws relating to food and establishes the FSSA for laying down science-based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption. The Act integrates eight different food related statutes. The Act also aims to establish a single-reference point for all matters relating to food safety and standards, by moving from multi-level, multi-departmental control to a single line of command.

Standards and additives prior to FSSA
Food laws and product standards prior to FSSA were often inconsistent and overlapping e.g., there were ambiguities and overlap between the standards laid down in PFA and FPO. The PFA laid emphasis on the prevention of adulteration of foods; PFA was prescriptive and recipe-based (PFA laid down over 300 recipes of products), which restricted product innovation and choice to the consumers. Proprietary formulations were not permitted for standard conventional products. PFA specified a list of additives that can be used in food products. Use of any other additive would render the product as adulterated even if the additive is safe. Under PFA, the Central Committee for Food Standards (CCFS) was the expert body that recommended mandatory national food standards. It had representation from the Central government, state governments, consumer organisations, research institutions, laboratories, and industry. There were various sub-committees under CCFS, which make recommendations on food standards in the respective sector.

Present status of standards, additives under FSSA
The Food Safety and Standards Rules have been notified on May 5, 2011, and FSSA has been notified on August 5, 2011. The food authority while drawing up the regulations has tried to integrate erstwhile Acts, Rules, Orders, in line with the mandate of the FSSA. The Authority has not introduced new standards at this stage since it would require detailed risk assessment, examination of risk management options, consideration by the scientific panels / committee and final approval by the food authority and Central government as the Act mandates for legislation to be based primarily on scientific evidence and risk assessment. To do this task, several scientific panels and an overseeing scientific committee have been constituted.

The food authority has constituted the following 8 scientific panels in terms of Section 13 of the Act, consisting of independent scientific experts:
1. Functional foods, nutraceuticals, dietetic products and other similar products;
2. Method of sampling and analysis;
3. Food additives, flavourings, processing aids and materials in contact with food;
4. Contaminants in food chain;
5. Biological hazards;
6. Pesticides and antibiotic residues;
7. Labelling and claims / advertisements;
8. Genetically-modified organisms and foods

FSSAI approach for drawing up / revision of standards
The new regulations / amendments will be made in the FSSAI standards / regulations from time to time and is an ongoing process. As per a draft paper shared by FSSAI for discussion on approach for drawing up / revision of standards; some of the objectives of developing food standards are � (1)To provide more effective food safety regulations and reduce the level of food-borne illnesses in India. (2) To continuously review and update the standards of food in line with progress of science and its capability to understand and prevent food-borne illnesses. (3) To develop regulations that are less prescriptive and easier to comply, which are more effectively monitored and implemented. (4) To encourage growth of the food sector by providing regulatory windows for innovative products to meet consumer choice and health, while providing highest level of protection to the consumer. While establishing standards, FSSAI will endeavour to (a) Develop standards which are easier to understand and make amendment more straightforward. (b) Replace standards which regulate individual foods with standards that apply across all foods or a range of foods. (c) Remove inconsistent / redundant regulations where new regulations are in conflict or superseded. (d) Resolve interface issues across various pieces of regulatory actions that arise with relation to foods. (e) Promote industry codes of practice to supplement regulation. (f) Promote consumer education as a cost-effective regulatory option to labelling requirements. (g) Facilitate harmonisation of standards with India�s trading partners and the international community-based on best practice.

New food categorisation system and food additives
FSSA is working on developing new food categorisation system for regulation of food additives with an objective of replacing standards for individual food and harmonisation with Codex food categorisation system and to remove difficulties like ambiguities arising due to the complicated current structure, practice of allowing additives on basis of individual product instead of product categories, absence of a comprehensive list of additives which are proven to be safe and would be allowed, to be used in most foods in general on GMP basis practice of listing additives according to their functional classes.

The main problem with the current system is the practice of allowing additives according to specific products and not categories. This is the main issue that needs to be corrected immediately in the new FSS Regulations. There are 15 tables under Appendix A which together list about 186 products / product categories. Some of them are specific products while some are categories. In many cases, the same product / category appears in 2/3 different tables and separate set of additives are mentioned against the same product in each of these.

Description of food categories and their coverage
While developing the new food categorisation system (product standards and additives) the authority is working on broad category numbering system that has been based on the Codex structure and this is also being followed in most modern laws across the world. It will bring in a harmonised structure and will also make it easy to relate to specific discussions on products and additives in Codex meetings. As far as the subcategories are concerned, efforts are being made to broad base the system so that each and every product currently listed in appendix finds a subcategory. Also new subcategories have been added to include products which are widely available in the Indian market but are not categorised under any standard or additive listing.

As per the FSS Act new regulations are also being made for the manufacture, distribution or trade of any novel foods, GM foods, irradiated foods, organic foods, foods for special dietary uses, functional foods, nutraceuticals, health supplements, proprietary foods, etc.

Food additives
FSSA has suggested 27 functional classes of food additives along with their technological purpose and as a single additive can be used for different technological purposes, the manufacturer shall declare the most appropriate functional class of additive. In the new categorisation system, products have been put under broad generic categories and subcategories so that the additives currently allowed to be used in one single product may also be allowed in similar products or proprietary foods falling under same categories. All food additives subject to the provisions of GMP Standard shall be used under conditions of GMP, which include the following; a) the quantity of the additive added to food shall be limited to the lowest possible level necessary to accomplish its desired effect; b) the quantity of the additive that becomes a component of food as a result of its use in the manufacturing, processing or packaging of a food and which is not intended to accomplish any physical, or other technical effect in the food itself, is reduced to the extent reasonably possible; and, c) the additive is of appropriate food grade quality and is prepared and handled in the same way as a food ingredient.

Conclusion
While we are developing food standards and additives based on scientific knowledge, risk assessment and harmonisation with Codex, adequate care should be take to cover indigenous products and new standards should focus on food safety and promote innovative and better offerings to the consumer. By the time new food product standards and categorisation systems are being worked out, the additives and standards approvals pending after shift from PFA to FSSA should be notified after due consideration so that the industry continues to innovate during this transition period.

(The author is principal scientist, foods, Dabur Reasearch & Development Centre. He can be contacted at hemchandra.joshi@dabur.com)

Challenge for implementation of FSSA is time needed to get approval of new food additive

The new law lays considerable emphasis on food product standard and additives. Dr H N Mishra, professor, food technology, agricultural and food engineering department, Indian Institute of Technology, Kharagpur, shares details on these and more with Anurag More in an email interaction.

Tell us more about food product standards and food additives.
The Food Safety and Standards Authority of India (FSSAI) has been established under the Food Safety and Standards Act (FSSA), 2006. This Act not only replaces the Prevention of Food Adulteration Act, 1954, but also consolidates the other food acts like the Fruits Product Order (FPO), Meat Food Products Order, Vegetable Oil Products (Control) Order, and the Milk and Milk Products Order. These Acts, earlier handled by different ministries, will now fall under the ambit of the FSSAI. The authority is a statutory body with the ministry of health and family welfare being the administrative head.

The FSSAI has notified the Food Safety and Standards Regulations, 2011, in the Gazette of India dated August 1, 2011. It has been divided into six parts & one of them which deals with food additives is known as Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, (Part I, Part II) which covers everything about the various food additives, ranging from the list of permitted food additives to their maximum limit allowed to their specific technical function. There are some changes being made in it from the previous list. The scientific panel on food additives is looking into the matter in detail.

What will be the changes that food product manufacturers will have to bring about for food product and additives in wake of the implementation of FSSA in the country?
In the pre- FSSAI era prior to 2006, only fortified and proprietary foods existed but no regulation was there for functional foods. But now foods for special nutrition or dietary uses must indicate validated labels which provide distinct composition differing from normal foods, if it exists. It should also specify supplements to regular diet or address certain diseases / physiological conditions.

In the wake of increased use of Ayurveda, the Section 22 of the FSSA has specified the contents which need to be followed by manufacturers. Therefore, the challenge for food manufacturers in the post- FSSAI era covers selection of right ingredients, correct labelling, proper science-based research / results and composition.

How important it is to formulate a negative list for additives?
Indeed it is very important to formulate a list of negative food additives since one may argue that if a chemical is not mentioned in the list of food additives, it doesn�t mean that it is harmful. However, negative listing will include even all those materials whose health implications are not known. And hence this list will clear the ambiguity on usage of food additives.

How important is upgrading food labs for newer methodologies in method validations in the additives industry?
There are around 72 food testing labs in the country but most of them don�t have either the equipments or technical persons who can conduct the validation of food additives in the food industry. In view of the requirement to meet standards of FSSAI, there is a great need to develop and / or upgrade food testing laboratories and few steps have been taken towards the same. At least, 125 NABL-accredited food testing laboratories for chemical and microbial testing have been proposed in the FSSAI meeting. Each lab will cater to five districts. In addition to setting up the new labs, the FSSAI will focus on upgrading these existing labs to capacitate them to testing all parameters. These labs would be brought up to a level where they were able to obtain the NABL certification.

Can help be taken from academicians in policy-making for food additives?
Of course, we should utilise their knowledge in making standards because they are the one who actually do the research-related to food additives, their use in food & long-term implications on health. They continuously upgrade their knowledge by way of reading scientific papers & conducting research on the same. Hence, their viewpoint must be taken into consideration while making food policies.

What are the technological advancements happening in the area of additive?
Many new techniques are being researched that will allow the production of additives in ways not previously possible. One approach is the use of biotechnology, which can use simple organisms to produce food additives. These additives are the same as food components found in nature. For example, enzyme, rennin, which traditionally had been extracted from calves' stomachs for use in making cheese is now bioengineered. Regulations need to be included in FSSA for same.
Do you find the new regulation more industry-friendly or is it consumer-friendly? Why?
The design of the new FSS Act is consumer-friendly and the emphasis is on consumer safety since the focus has shifted to scientific research. The new system is more transparent & open to consumer complaints. The labelling requirements have also got stricter which will be very helpful to consumers.

What are the challenges with the upcoming food law for the ingredient industry?
The major challenge for the ingredient industry with the implementation of FSSA is the time needed to get approval of any new food additive to be used. Since the process is time consuming, the time gap between invention of any new ingredient and its launch in market may take long. Also now, in-detail laws are being made under FSSA for functional foods & nutraceuticals which manufacturers have to follow. The labelling requirements have also got stricter, thereby, restricting the use of ingredients used in food preparations.

What are the shortcomings in the previous law, which you want the new Act to overcome?
The new regulations have been designed to make food safer and the main features of the Act includes licensing for manufacture of food products, which was granted by the central agencies under various Acts & Orders, is decentralised to the commissioner of food safety and his officer. Shift from mere regulatory regime to scientifically-based self-compliance through food safety management systems.

Some of the shortcomings of the previous regulatory system are

Varied quality / safety standards restricting innovation in food products
Thin spread of manpower, poor laboratories infrastructure and other resources restricting fixation of effective standards
Standards are rigid and non-responsive to scientific advancements and modernisation
Poor information dissemination level to consumer level

Do you have any suggestions for inclusion or exclusion of specific standards to help in the growth of the industry?
There should be a proper mechanism in place for the implementation of the Act and surveillances.

Will the new regulation help to curb fraudulent practices in food additives, in what way?
There is a plan to introduce negative food additives list and as mentioned earlier, this will help both food manufacturers as well as consumers in achieving food safety.

What is your take on the penalties imposed?
Though there is no lower limit to the amount of penalty being levied on an offence committed by the FBO (Food Business Operators), leaving him vulnerable to higher penalties, his past conduct on safety may be taken into consideration while imposing a penalty on him.

I think this system will be helpful in creating a safer food system for consumers as everybody is afraid of penalties & food manufacturers / distributors will avoid the illegal practices to gain profit.

Understanding Food Safety & Standards Act for processed & packaged food

Changing lifestyles, growing income of the middle-class and rising production of fruits, vegetables and milk, are turning north India, comprising Punjab, Haryana and Himachal Pradesh and parts of Jammu & Kashmir, into hub of the food processing industry.

Financial incentives from Himachal Pradesh and Haryana and liberal policies of the Punjab Government have helped attract big players to this region. In addition, a large number of local brands have also strengthened their hold over the market. The Indian food market is set to more than double by 2025. The market size for the food consumption category in India is expected to grow from US$155 billion in 2005 to US$344 billion in 2025 at a compounded annual growth rate (CAGR) of 4.1 per cent.

Investment target
In India, the food processing industry is one of the largest in terms of production, consumption and export prospects. The government has set an investment target of Rs 1,00,000 crore for the food processing sector by 2015. This is expected to almost double the country’s presence in the global food trade to three per cent. The investments of one lakh crore, as estimated by the government will, undoubtedly, catapult the growth of this sector, and put it at the higher growth trajectory.

Among the emerging business avenues and growth options in the diverse Indian agribusiness sector, the food-processing sector is particularly promising and is undoubtedly one of the largest potential markets for processed foods. The segments with the largest growth potential for processing are dairy, fruits and vegetables, wine, confectionery, poultry, convenience food and drinks and milk products. Products that have growing demand in the export market are pickles, chutneys, fruit pulp, canned fruits and vegetables, concentrated pulps and juices, dehydrated vegetables and frozen fruits and vegetables along with processed animal-based products.

As India is world's third-largest producer of agricultural products and large production base for a variety of raw materials covering food crops, commercial crops and fibres. Due to India’s diverse agro-climatic conditions, it has a wide-ranging and large raw material base suitable for food processing industries. Presently a very small percentage of these are processed into value-added products. And demand for processed / convenience food / ready-to-cook / ready- to-eat is constantly on the rise. Moreover, urbanisation and nuclear families are becoming the norm.

Market size
The market size for the processed foods is bound to increase from Rs 4,600 bn ($102 bn) to Rs 13,500 bn (US$330 bn) by 2014-15, assumed to grow at 10%, and the share of the value-added products in processed foods will grow from Rs 2,800 bn (US$44 bn) to Rs 5,700 bn, growing at the rate of 15%. The growth witnessed by the sector in the last decade and further improvement in growth rate expected in the years to come, presents innumerable opportunities for investment.

Keeping all these developments and market growth in view, it is of grave importance that there should be necessary steps undertaken for the safety of these packaged & processed foods. The government has already taken a step by increasing the quality level & standards / parameters for this category of food (Regulation Act for 2011 duly attached). But the major issue is implementing these standards. However, there are a couple of important things that we could keep in our minds while purchasing / using any packaged / processed food. All packaged foods with a shelf life of less than two years must have a use-by or 'best before' date stamped on the box, wrapper or bottle. This date gives you an idea of how long the food will last before it loses quality. A product will remain fresh and of good quality right up to the 'best before' date (and sometimes beyond) if it is properly stored, both at home and at the supermarket.

Foods with a shelf life of less than two years must have a 'best before' date. It may still be safe to eat those foods after the 'best before' date, but they may have lost quality and some nutritional value.

Foods that should not be consumed after a certain date for health and safety reasons, such as a ready-to-eat chilled lasagne, must have a 'use-by' date. An exception is bread, which can be labelled with a 'baked on' or 'baked for' date if its shelf life is less than seven days.

Manufacturers err on the side of caution
Manufacturers usually choose a 'best before' date well before the time when the food would be expected to deteriorate and spoil. A conservative 'best before' date is designed to encourage you to eat the product while it is fresh and at its best, so you should consider 'best before' dates as a guide only. Frozen and canned products, in particular, tend to keep their quality for some time after the 'best before' date has expired. Within reason, provided the food looks and smells as you would expect, it should be safe to eat, even if the 'best before' date had passed.

Foods need proper storage
Whether or not a product keeps fresh and edible right up to the use-by or 'best before' date depends on how it is stored. Many foods need to be kept at certain temperatures, either in the fridge or freezer. For instance, fresh milk needs to be refrigerated. If a carton of milk is left out on the kitchen bench, it will quickly sour, regardless of its 'best before' date.

Check the packaging
Foods can become spoiled well before their use-by or 'best before' date, either because their packaging has been damaged or they were not stored properly at the supermarket. When buying foods, check for dents, leaks and tears in the packaging. If you can see any sign of damage, do not buy the product, as it might be contaminated with bacteria. Many products, such as dairy foods, need to be kept at a low temperature to avoid spoilage. Do not buy any foods that need to be chilled or frozen if they are sitting on unrefrigerated shelves, or stacked in overfilled fridges.

Collect cold and frozen foods last
When shopping, collect your cold and frozen foods last of all. These foods could spoil before their 'best before' date if they are allowed to get warm. It is often best to keep them in a cooler bag while travelling home. As soon as you arrive home with your groceries, put away your cold and frozen foods first.

Things to remember
'Best before' dates give you an idea of how long foods will last before they lose quality.
Most products will last beyond their 'best before' date if they are stored properly.

(The author is founder, chairman & CEO, Himalya International Ltd)

Pongal Bonus Announcement

Launch of online Licensing and food Import Clearance System

Launch of Online Licensing by CEO   Food Safety and Standards Authority of India (FSSAI), towards the launch of online Central Licensing / Registration and Food Import clearance System in presence of stakeholders viz.Export Inspection Council, Consumer Council, Food Processing Association, State Bank of India (SBI), National Institute of Smart Governance (NISG), Logicsoft Team etc. the function held at FSSAI Headoffice, was chaired by CEO, FSSAI A presentation was made by NISG team about the processes and steps involved in online NOC and for issuing a License Mr.Bejon Mishra, ex Member of Food Authority and Representative of Consumer Council profusely congratulated FSSAI Team and expressed how technology can make governence more efficiant and transparent. He added that the system should encourage people to share their feedback as well, to make it more interactive and innovative. Mr. Sanjay Gupta, Authorized Officer, FSSAI for Imported Food, Delhi Region stated that online processing would be time saving and convenient. Mr.Bejon.Mishra, Ex Member of Food Authority, sharing his views   Mr. Malhan, Executive body member of Food Processing Association conveyed it as a commendable work which will help to empower the people. Representative of Expert Inspection Council suggested digital signature on the form for security concerns. Deputy General Manager, SBI reminded their association and Cooperation from all concerned including National Informatics Center (NIC) Team for early achievement. CEO conveyed his heart felt happiness to all the persons for the launch. He added that it is culmination of a long time thought initiated in beta version to integrate Port, Customs, Commerce Ministry, etc Initial trails for Import Food Safety and Licensing / Registration was done on experimental basis with seminars and training programs for Importers and Designated Officers and valid suggestions were incorporated to make the system simple, transparent and user friendly. Focus is being given to integrate support services both at district and state level for one common platform on central server. A monthly report will be generated to review the process. FSSAI will ensure digital signature on the licensing system. Efforts been made to empanel laboratories in alliance under a common system. Keynote address by CEO   Acknowledging the visionary leadership of Mr.P.I.Suvrathan, past chairperson whose efforts are seeing plans into visible action, CEO added that awareness campaigns to be held in the comming year to keep the stakeholders informed and cater to their needs through such programs. A vote of thanks was proposed by Director Administration, to all the agencies involved in making the system work in a time bound manner specially M/S Logicsoft Team, National Institute for Smart Governance (NISG), National Informatics Center (NIC) Delhi, State Bank of India (SBI), the Industry Body, help of all technical officials, Finance, Account Officer, Authorized Official, Import Division, General Administration and other support services. Team IEC, FSSAI

Inspection, auditing of food establishments and food testing as per FSSA 2006

India has recently put into practice its FSS Act 2006 / FSS Regulation 2011 and the entire food industry is expected to adhere to it. Apart from several other firsts, one of the primary changes that FSSA has brought about is imposing the responsibility of food safety on the manufacturer for the first time (under the PFA regime, it was the food inspector responsible for examination and prosecution).

Audits and inspections
A periodic internal audit of the whole system is to be done to find out any fault / gap in the adopted SOP to follow GMP/GHP system. Hence the knowledge and skills are needed to evaluate the effectiveness of a Food Safety Management System a requirement of any organisation in the food chain in accordance with Part 2, Schedule 4 of the Food Safety Act 2006 / Rules and Regulations 2011. Therefore FBOs (food business operators) should have a person with the skills and knowledge necessary to implement and conduct internal audit of Food Safety Management Systems (FSMS).

The commissioner of food safety has the authority to appoint a designated officer in charge of a district whose duties shall include issuing or cancelling licenses of FBOs, and shall be responsible for inspection of food business, drawing samples and sending them to food analyst for analysis serving �improvement notices,� prohibiting sale of food articles violating prescribed standards, receiving reports and samples of food articles from FSOs (food safety officers) and getting them analysed, sanctioned or launch prosecutions and get investigated any complaint against any contravention of the Act or against the FSOs.

Powers and duties of FSO
(i) Where the food safety officer is of the opinion or has reason(s) to be recorded in writing that in the given situation it is not possible to comply with the provision of Section 38 (1) (c) or the provision to Section 38 (1) for reasons like non-availability of the food business operator, the food safety officer may seize the adulterant or food which is unsafe or sub-standard or mis-branded or containing extraneous matter, may seal the premises for investigation after taking a sample of such adulterant or food for analysis.

(ii) Where the food safety officer is of the opinion or he has reason(s) to believe that any person engaged in selling, handling or manufacturing any article of food is suffering from or harbouring the germs of any infectious disease, he may cause such a person to be examined by a qualified medical professional duly authorised by the designated officer.

Provided that where such a person is a female, she shall be examined by a qualified lady medical professional duly authorised by the designated officer.

If on such examination the qualified medical professional certifies that such a person is suffering from any such disease, the designated officer, on the recommendation of the food safety officer may by order in writing direct such person not to take part in selling or manufacturing any article of food.

In emergency, in the interest of public health, the food safety officer may direct such a person to suspend food related operations, while informing the designated officer simultaneously.

(iii) Furthermore, it shall be the duty of the food safety officer

(a) To inspect, as frequently as may be prescribed by the designated officer, all food establishments licensed for manufacturing, handling, packing or selling of an article of food within the area assigned to him.

(b) To satisfy himself that the conditions of licenses are being complied with, by each of the food business operators carrying on business within the area assigned to him and report to the designated officer.

(c) To procure and send for analysis if necessary, samples of any article of food which he has reason to suspect are being manufactured, stocked or sold or exhibited for sale in contravention of the provisions of the Act, or rules and regulations framed there-under.

(d) To draw samples for purposes of surveillance, survey and research, which shall not be used for prosecution.

(e) To investigate any complaint which may be made to him in writing in respect of any contravention of the provisions of the Act, or rules framed there-under.

(f) To maintain a database of all food business within the area assigned to him.

(g) To recommend issue of improvement notices to the food business operator whenever necessary.

(h) To maintain a record of all inspections made and actions taken by him in the performance of his duties, including the taking of samples and seizure of stocks, and to submit copies of such records to the designated officer as directed in this regard.

(i) To make such inquiries and inspections as may be necessary to detect the manufacture, storage or sale of articles of food in contravention of the Act or rules framed there-under.

(j) To stop and inspect any vehicle suspected to contain any unsafe food or food which does not comply with the provisions of this Act and rules, intended for sale or delivery for human consumption.

(k) To recommend to the designated officer giving specific grounds, suitable action in regard to licenses issued to any food business operator, if on inspection the food safety officer finds that the food business operator had violated the conditions for grant of license.

(l) To carry out food safety surveillance to identify and address the safety hazards.

(m) To respond to incidents of food poisoning in his area and to send report to and assist the designated officer to enable him to initiate corrective action.

(n) To facilitate preparation of food safety plans for panchayat and municipalities in accordance with the parameters and guidelines given in Schedule IV of Chapter 3 of Regulations.

(o) To detain imported packages which are suspected to contain articles of food, the import or sale of which is prohibited.

(p) To coordinate with the food business operators within his area of operation and facilitate the introduction of food safety systems by the food business operators.

Food sampling and testing procedures
Procedure for taking sample and manner of sending it for analysis -

The food safety officer while taking sample of food for analysis under Clause A of Sub Section (1) of Section 38 and Section 47 (except 47 (5)) of the Act, shall also ensure that
1. The presence of at least two witnesses at the time of drawing of the samples.

2. Obtain the signatures from the witnesses in all the forms and documents prepared.

3. Serve the notice in Form V A to the business operator then and there.

4. In case the food business operator discloses that the product has been obtained from the manufacturer, the distributor or supplier, a notice shall be given to such manufacturer, distributor or supplier.

5. In case where the sample is drawn from an open container, the person drawing the sample shall also draw a sample from a container in original condition of the same article bearing the same declaration, if such container is available, and intimate the same to the food analyst.

6. Where a food safety officer takes a sample of an article of food for analysis, he shall pay, the cost of such sample, to the person from whom the sample is taken, calculated at the rate at which the article is sold to the public.

The FSO shall draw four samples. The product sample drawn shall be divided into four parts, sealed and signature of the person from whom sample is drawn shall be obtained. If FBO refuses to sign one of the witnesses called at the sight of sampling shall be asked to put his / her signatures on the sample drawn and sealed. One part of the drawn sample shall be sealed and sent to the food analyst and the two parts of the sample sealed shall be sent to the designated officer by suitable means. The food safety officer must serve a notice in form VA to the FBO right there and then only. However, as per the provision if FBO requests for analysis of the sample by NABL-accredited laboratory in that case fourth sample has to be sent to NABL-accredited lab. In case if the reports of food analyst and accredited laboratory are at variance, FBO can go in appeal to appropriate authority (designated officer). Then out of the 2nd and 3rd retained sample DO shall send one sample to a Referral Laboratory for analysis the results of which shall be considered final. The action will be initiated against the FBO based on this result either failed or complied with.

Food analyst duties
The food analyst after receiving the sample from the food safety officer shall analyse the sample and send the analysis report mentioning method of sampling and analysis within 14 days to designated officer with a copy to commissioner of food safety.

The designated officer after scrutiny of the report of food analyst shall decide as to whether the contravention is punishable with imprisonment or fine only and in the case of Contravention punishable with imprisonment, he shall send his recommendations within 14 days to the commissioner of food safety for sanctioning prosecution.

The commissioner of food safety shall, if he so deems fit decide, within the period Prescribed by the Central government, as per the gravity of offence, whether the matter be Referred to�
(a) A court of ordinary jurisdiction in case of offences punishable with imprisonment for a term up to three years; or

(b) A special court in case of offences punishable with imprisonment for a term exceeding three years where such special court is established and in case no special court is established, such cases shall be tried by a court of ordinary jurisdiction.

(5) The commissioner of food safety shall communicate his decision to the designated officer and the concerned food safety officer who shall launch prosecution before courts of ordinary jurisdiction or special court, as the case may be; and such communication shall also be sent to the purchaser if the sample was taken under Section 40.

The FSSAI has the provision of Notified Laboratories and Referral Laboratories as mentioned above

�Notified laboratory� means any of the laboratories notified by the food authority under sub-sections (1) and (2) of Section 43 of the Act.

�Referral laboratory� means any of the laboratories established and / or recognised by the food authority by notification under sub-section (2) of Section 43 of the Act.

Functions - of Referral Laboratory
In addition to the functions entrusted to it under the Act, the Referral Laboratory shall carry out the following functions, namely:

1) Analysis of samples of food sent by any officer or authority authorised by the food authority for the purpose and submission of the certificate of analysis to the authorities concerned;

2) Investigation for the purpose of fixation of standard of any article of food;

3) Investigation in collaboration with the laboratories of food analysts in the various states and such other laboratories and institutions which the food authority may approve on its behalf, for the purpose of standardising methods of analysis;

4) Ensuring that the laboratory follows the scientific protocols laid down for handling / testing the articles of food;

5) Maintaining high standards of accuracy, reliability and credibility in the operation of the laboratory and achieving and maintaining the required levels of accreditation and reliability;

6) Laying down mechanism for ensuring that personnel of the laboratory adhere to high professional standards and discipline.

Impact of FSSA on the F&B industry
The F&B industry has a mixed reaction to FSSA. On one hand, the industry appreciates the timely deliverables from the Act, in terms of registration & licensing. But on the other hand, it is apprehensive about the high penalty structure. I personally think a good deterrent system is a must for any law to be enforced well. But misuse of this penalty structure should be prevented.

One of the major changes that the F&B industry is going to face is to document all their Good Manufacturing Practices (GMP) and Good Hygiene Practices (GHP) in the form of a FSMS. This FSMS document should be able to prove that by following these steps, their food output is safe & hygienic. The industry will also have to get Water Sampling done regularly and submit the reports while applying.

NEW YEAR WISHES TO ALL

25% of city eateries still to apply for FDA licence

AS the city preps up to celebrate the New Year in a few days from now, about 25 per cent of restaurant owners are yet to submit forms to procure licences from the Food and Drug Administration (FDA). In this case, those restaurants would be declared illegal, said Assistant Commissioner of FDA Chandrakant Salunke. 

According to the amended Food Safety and Standards Act (FSSA) of 2006, it is mandatory for all food manufacturers, including small eateries, to register or renew their licence from the FDA. December 31 is the last date to submit applications. 

Salunke said, "Those who have submitted forms but are yet to get licences can run their establishments. Eatery owners who do not submit applications in time will be declared illegal. So far only 75 per cent restaurant owners in the city have applied for the licence."

Ganesh Shetty, president of Restaurants and Hoteliers Association (RHA), said 150 restaurant owners took forms from the RHA office yesterday.

Food Safety Becoming More Critical to C-stores

NATIONAL REPORT -- The Food Safety Modernization Act (FSMA), which was signed into law by President Obama on Jan. 4, 2011, has already begun to leave its mark. However, convenience store operators can expect it to become much more prevalent in 2012.
The law was signed in an attempt to protect the 48 million Americans who get sick from foodborne diseases annually. According to the U.S. government, 128,000 of those people are hospitalized following exposure and 3,000 die annually.
Although not every guideline within the FSMA affect c-store owners, several aspects of the law could matter at your store. Here's a look at some of those mandates:

• Mandatory controls for food facilities: Food facilities are required to implement a written preventative controls plan. This involves evaluating the hazards that could affect food safety; specifying what preventative steps, or controls will be put into place to prevent the hazards; specifying how the facility will monitor these controls to ensure they are working; maintaining records of the monitoring; specifying what actions the facility will take to correct problems that arise.
• Mandatory produce safety standards: The U.S. Food and Drug Administration (FDA) must establish science-based, minimum standards for the safe production and harvesting of fruits vegetables.
• Mandated inspection frequency: The FMSA establishes a mandated inspection frequency, based on risk, for food facilities.
• Records access: The FDA will have access to records, including food safety plans. Other aspects of the law dramatically increase your responsibility if you import food. For the first time, importers must verify that foreign suppliers have adequate preventative controls to ensure the food that is produced is safe. The FDA can deny entry into the United States any foreign food where the government agency is denied access by the country in which the facility is located.

In addition, FSMA give the FDA the authority to issue a mandatory recall when a company fails to voluntarily recall unsafe food after being asked to do so by the agency. The FDA can also suspend the registration of a facility if it determines that the food poses a reasonable probability of serious adverse health consequences.

Food Recall – Effective tool for ensuring food safety and FSS Act, 2006

While Food Recall is a relatively new concept in India, with the FSS Act, 2006, focussing on this vital aspect, awareness is growing and companies are looking at it as a vital link in the supply chain.

Indian companies are slowly realising that at times the product they have released in the market, needs to be recalled. And this can be minimised if the company’s recall system is well planned, implemented and understood by those who are involved in core activities of sourcing, manufacturing and distribution functions.

With the kind of emphasis, which is being given to food safety nowadays, consumers are also very much aware and at the same time concerned about the safety of the product they consume.

Section 28 of Food Safety and Standards Act, 2006, of Government of India emphasises the need for product recall. This states
If a food business operator considers or has reasons to believe that a food which he has processed, manufactured or distributed is not in compliance with this Act, or the rules or regulations, made thereunder, he shall immediately initiate the procedures to withdraw, the food in question from the market and consumers indicating reasons for its withdrawal and inform the competent authorities thereof.
Every food business operator shall follow such conditions and guidelines relating to food recall procedures as the Food Authority may specify by regulations.

In the past, in order to strengthen food safety, the FSSAI had released the draft regulation known as Food Authority’s Food Recall Procedures Regulations, 2009, which shall come into force from date of its notification in the official gazette.

Salient features of yet-to-be adopted regulations:
Objective
● To guide food business operators on how to carry out a food recall through an efficient, rapid identification as well as removal of unsafe food and food that violate the Act and Rules & Regulations made thereunder from the distribution chain and informing consumers (where necessary) of the presence of potentially hazardous food in the market and ensure that unsafe food are contained and destroyed or rendered safe;
● To guide food business operators on how to establish a written recall plan for carrying out food recall in case the food does not meet the requirements of the hygiene, safety and quality of food and to protect the health of consumers; and
● To establish a follow-up action / post-recall report in order to ensure the
effectiveness of the recall and prevent a recurrence.

Scope 
● These regulations apply to the recall of food that presents a threat to the public      health or whose quality does not conform to the Act and Rules & Regulations made thereunder.
● All food businesses engaged in the wholesale supply, manufacture or importation of food regulated by Food Authority must have an up-to-date recall plan except food retailers, unless they are also engaged in the wholesale supply, manufacture or importation of food.
● Food businesses within the food service sector such as restaurants, caterers and takeaways are exempted to have recall plan unless they are running multi-outlet food business chains having integrated manufacturing and distribution network.
● The food retailers and businesses within the food service sector which do not need a recall plan, shall remove recalled stock from shelves and return it to the manufacturer, importer or wholesaler and must ensure that food that is subject to a recall is separated and identified from other food until it is disposed of in accordance with the instructions provided as part of the recall plan.
● A recall plan must be available in written form and shall be made available to the state food authority / food authority on request.
● The food business operator is required to comply with the plan it has developed when it recalls food.
● In the case of alcoholic beverages the mandatory mentioning of warning “consumption of alcohol is injurious to health” may not be treated as unsafe unless the beverage is otherwise not containing any harmful and dangerous substance that may cause serious health problems or is unsafe to the consumer.
Recall Classification 



FSSA Guidelines: Steps in Developing Recall Procedures



A Typical Composition of Recall Team
(Example from other established systems adopted internationally)

(Ensure that all functions are covered if various departments do not exist in your organisation)

Contents of food recall notifications 
● Name of the food business operator recalling the food.
● Name of the food, brand name, pack size, batch & code number, date of manufacture, used by date or best before date.
● The contamination / violation in the food / reason for recall.
● The “do not consume message if the food is unsafe.”
● Health warning and action.
● The places / outlets where the food is found.
● The action to be taken by the consumer.
● A contact number for queries.

The recalling food business operator shall respond to each query from the state food authority / food authority within 24 hours of the receipt of the query.

Contents of recall status report 
● Number of downstream food business operators or individuals notified, and date and method of notification;
● Number of food business operator responding to the notification and quantity of the particular food in their possession;
● Number of food business operator or individuals not responding to the notification and quantity of food dispatched to them. (if needed, the identity of non-responding food business operator may be requested by the state food authority / food authority);
● Quantity of recalled food and result of investigation;
● Proposed method of disposal or otherwise of recalled stock with records of destruction;
● Anticipated time limit for completion of the recall.

Dealing with the recovered food  
● The recalling food business operator shall store the recovered food in an area which is separated from any other food and is identified by a label plate with prominently written Recalled Product.
● The recalling food business operator shall maintain accurate records of the recovered food and their lot no. / batch code, pack size, brand name, date of manufacture, best before date etc. Proper recording system shall be available to ensure that all the foods are retrieved and their details recorded.
● The recalling food business operator may correct or reprocess the recovered food if appropriate in consultation with state food authority and ensure that it is fit and safe for human consumption before release to the market.
● In all other cases, the recalling food business operator will ensure appropriate destruction of such food in consultation with / presence of the state food authority representative.
● A complete record of the disposal of such product shall be maintained.

Post-recall report  
● The recalling food business operator shall submit post-recall report after the completion of the recall to assess the effectiveness of the recall.
● The effectiveness of a recall shall be assessed on the basis of the quantity / amount of food returned as a proportion of the quantity / amount of food that left the recalling food business operator while taking into account the retail turnover of the food.
● In addition to assessing the effectiveness of a recall, it is necessary to follow up by investigating the reason for the recall and taking action to prevent a recurrence of the problem.

Termination of a recall 
● The recalling food business operator may request termination of its recall by submitting a written request to the state food authority / food authority along with latest recall status report / post-recall report stating that the recall was effective.
● A recall may be terminated when the state food authority / food authority determines that all reasonable efforts have been made and it is reasonable to assume that the food subject to the recall has been removed and proper disposition or correction has been made.
● Written notification to the effect that a recall is terminated will be issued by the state food authority / food authority to the recalling food business operator within two weeks of the request submitted by the recalling food business operator.
● In case of unsatisfactory reports, the state food authority / food authority may consider further action like stepped-up inspection, seizure or any other legal action, against the recalling food business operator.

(The writer is food safety and system expert and consultant. He can be contacted at udai.saxena@gmail.com)

Ex-health secy K Chandramouli likely to take charge as FSSAI chief in January

Food Safety and Standards Authority of India (FSSAI), apex regulatory body for the food and beverage industry, is likely to get its new chairperson by the first week of January. A source informed  that K Chandramouli's appointment as head of the Authority has been cleared by the PMO's Appointments Committee of Cabinet (ACC).

The source further informed that Chandramouli emerged as a clear choice from among all the contenders which included R K Srivastava, ex-director-general of health services, and K Sujatha Rao, former health secretary. All the three have been among those being considered for the post since last September.

Chandramouli, who would be replacing P I Suvrathan, who superannuated in September this year, was the Uttar Pradesh cadre IAS officer of 1975 batch and retired this October as union health secretary under the ministry of health and family welfare. He functioned in that post December 2010 onwards, prior to that he worked as secretary, AIDS control, in the same ministry.

Chandramouli's appointment is a good decision for the FSSAI but only that he comes from health industry background and may have to study the intricacies of the food industry deeply, the source said.

However, his stint with the labour and employment ministry would provide him the required aid in managing the working of the FSSAI, which was yet in its infancy stage, added the source.

CEO V N Gaur was given the additional charge of the chairperson after Suvrathan's retirement.
 

Khesari Pulsates With New Life

Adjudication under the Food Safety and Standards Act, 2006

“Legislation and adjudication must follow, and conform to, the progress of society,” so said Abraham Lincoln.

With the much-awaited transition from a plethora of food laws and manifold control points to the single-integrated Food Safety and Standards Act 2006 (hereinafter referred to as FSSA) regime, there has been a critical shift in the process of adjudication as well envisioning expeditious disposal of cases related to food safety issues.

Special courts, summary trials and appellate tribunal have been provided for. The Food Safety and Standards Rules, 2011, deals inter alia with adjudication proceedings, procedure for appeal to tribunal, qualification of the presiding officer of the tribunal etc.

Five judicial forums for trial / adjudication have been provided for under the FSSA and Rules thereunder - Adjudicating Officer, Food Safety Appellate Tribunal, Judicial Magistrate of the First Class / Metropolitan Magistrate, Special Court and the High Court.

Adjudicating Officer
Section 68 of the FSSA provides for the appointment of an Adjudicating Officer (not below the rank of Additional District Magistrate) by the state governments. He has powers of civil court and limited jurisdiction of criminal court too.

The Adjudicating Officer has been empowered to hold an inquiry for purpose of adjudicating the following offences - selling food not of the nature or substance or quality demanded (Sec 50), sub-standard food (Sec 51), misbranded food (Section 52), misleading advertisement (Sec 53), food containing extraneous matter (Sec 54), failure to comply with the directions of Food Safety Officer (Sec 55), unhygienic or unsanitary processing or manufacturing of food (Sec 56), food products possessing adulterant (Sec 57), contraventions for which no specific penalty is provided (Sec 58), subsequent offences (Sec 64), compensation in case injury of death of consumer (Sec 65), offences by companies (Sec 66) and penalty for contravention of provisions of this Act in case of import of articles of food to be in addition to penalties provided under any other Act (Sec 67).

For holding an inquiry for the purpose of adjudication as to whether any person has violated any of the provisions of FSSA as mentioned above of which the offence is alleged to have been committed, the Adjudicating Officer is mandated in the first instance to issue a notice indicating the nature of offence alleged to have been committed and the date of hearing (along with a report of the Food Analyst) to such person giving him an opportunity to make a representation in the matter within a specific period.

The Adjudicating Officer has been empowered to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any relevant document. The state government may also appoint a presenting officer from amongst the panel of advocates of the court of local jurisdiction, in an inquiry.

The Adjudicating Officer may impose appropriate penalty to violators after due consideration of the evidence produced.

Food Safety Appellate Tribunal
Section 70 of the FSSA provides for the constitution of one or more Food Safety Appellate Tribunal(s) by the state government to hear appeals from the decisions of the Adjudicating Officers. The tribunal consists of a single member designated as “Presiding Officer” mandated to have occupied the position of a District Judge and attained the age of 65 years on the date of appointment.

Any person aggrieved by the decision of the Adjudicating Officer may file an appeal before the Appellate Tribunal within a period of 30 days from the date on which the copy of the order against which the appeal is filed, is received by the appellant. The provisions of Limitation Act, 1963, shall be applicable to an appeal made to the Tribunal, except otherwise provided by the FSSA.

The Tribunal has vested with the same powers, which a civil court has under the Code of Civil Procedure 1908 (5 of 1908) (hereinafter referred to as “CPC”) while trying a suit, in respect of - (a) summoning and enforcing the attendance of any person and examining him on oath; (b) directing the discovery and production of documents or other electronic records; (c) receiving evidence in form of affidavits; (d) issuing commissions for the examination of witnesses or documents; (e) reviewing its decisions; (f) dismissing an application for non-appearance of the appellant, or deciding it ex-parte; (g) any other matter prescribed by the Central government.

The Tribunal is not bound by the procedure laid down by the CPC but should be guided by the principles of natural justice. It can regulate its own procedure and decide on the place of its sittings. The Tribunal has vested with certain powers of criminal courts too under the FSSA.

Any person aggrieved by an order of the Tribunal may file an appeal to the High Court of the state concerned. Normally this appeal is to be filed within 60 days from the date of communication of the decision or order of the Tribunal to him though the High Court can grant a further period of 60 days on reasonable reasons.

While adjudging the quantum of penalty, the Adjudicating Officer or the Tribunal is mandated under Section 49 of FSSA to follow the general provisions as follows - (a) the amount of gain or unfair advantage, wherever quantifiable, made as a result of the contravention, (b) the amount of loss caused or likely to cause to any person as a result of the contravention, (c) the repetitive nature of the contravention, (d) whether the contravention is without his knowledge, and (e) any other relevant factor.

Civil Courts not empowered
The FSSA bars a Civil Court for entertaining any suit or proceeding in respect of any matter which an Adjudicating Officer or the Tribunal is empowered by or under the FSSA to determine (Section 72).

Special Courts
Section 74 of the FSSA empowers the Central government or the state government to constitute Special Courts for the trial of offences relating to "grievous injury or death of the consumer" for which punishment of imprisonment for more than three years has been prescribed. A public prosecutor and one or more Additional Public Prosecutor may be appointed for every Special Court. Special Public Prosecutor can also be appointed for any particular case or class or group of cases.

Special Court may, on its own motion, or on an application made by the Public Prosecutor and, if it considers it expedient or desirable so to do, sit for any of its proceedings at any place other than its ordinary place of sitting. Any person aggrieved by an order of a Special Court may prefer an appeal to the High Court within 45 days from the date of serving of Order though the High Court can grant further period on reasonable reasons.

Summary trial
Summary Trial by a Judicial Magistrate of the First Class or by a Metropolitan Magistrate has been further provided under Section 73 for offences not triable by a Special Court according to procedure prescribed for summary trials in Sections 262 to 265 (both inclusive) of the CPC. In a summary trial, the Magistrate can pass a sentence of imprisonment up to one year only. If it appears to the Magistrate that summary trial is not desirable in a particular case because the nature of the case is such that a sentence of imprisonment of more than one year is to be imposed, or for other reasons, the Magistrate can pass an order to that effect after hearing the parties, and thereafter reexamine any witness and hear or rehear the case in the manner provided by the Code.
Compounding of offences
The FSSA under Section 69 also provides that designated officers empowered by the Commissioner of Food Safety can compound offences committed by petty manufacturers who himself manufacture and sell any article of food, retailers, hawkers, itinerant vendors, temporary stall-holders, by accepting from them a sum up to Rupees one lakh as compensation, and can discharge him if in custody. In such cases no further proceedings relating to that offence should be taken against him. However, offences for which punishment of imprisonment has been prescribed under the Act cannot be compounded.

Time limit for cognisance of offences
No court can take cognisance of an offence under the FSSA after the expiry of the period of one year from the date of commission of an offence. However, the Commissioner of Food Safety can, for reasons to be recorded in writing, approve prosecution within an extended period of up to three years.

(The writer is advocate, corporate law group, New Delhi)

Clearance for imported food items in India can be based on Japanese model

Delay in obtaining clearance for imported food items is a major problem for the importers, who have time and again tried to bring the Food Safety and Standards Authority of India's (FSSAI) attention to the issue. This was informed by Pankaj Shah, vice-president, the Bombay Custom House Agents' Association.

"The total time taken for clearance of imported food items is anywhere between five to 10 days, as sample testing itself needs five days. We have repeatedly approached the Authority on the issue but in vain. However, one good thing happened is that procedure for clearance has been placed online, which reduced our effort in approaching the authority a number of times," said Shah.

The situation is aggravating also because there is not enough infrastructure backup for storage of imported food items. Items which do not come in reefer vessels lie in open.

One suggestion made by Shah to the Authority was that the samples to be tested should be sent to those labs which were in the port area itself. "As Nhava Sheva port, where the imported food items land, is very far from the city, bringing the samples from there to the laboratory itself takes a day or two. If the lab is in the vicinity itself at least a day would be saved," he said.

Pankaj Jaiminy, assistant vice-president, food, health and beauty, TUV SUD South Asia, had another suggestion. He said clearance model akin to Japan could be adopted in India.

"Imported food items are cleared in Japan in a day or two, however, Indian imports take minimum five days. The system for testing of imported food items needs to be evaluated for workload.
The system adopted in Japan can be easily adopted by India for testing imported food items," Jaiminy said.

Interestingly, Japan is able to deliver results for testing of imported food items within a day or two. This is because it has approved different labs in the exporting countries. On arrival of import it would ask for the lab report from the exporting country. Then, Japanese authorities simply do a random sample testing for food items instead of testing each and every product. If the result of the sample tested does not match with that in the report received, the matter is reported to the Export Inspection Council which in turn issues an alert warning or suspends the services of the approved lab for time being.

Meanwhile, a delegation is sent to inspect the operations of the lab and the food business in the exporting country. This way cross and balances are maintained, informed Jaiminy.

“I do not feel FSSA, 2006, is within the priority of our present government”

The Food Safety and Standards Authority of India had been assigned with the implementation of a science-based uniform food law in the country that repealed several other laws and brought the industry under one umbrella—Food Safety and Standards Act. However, the FSSAI had to meet with a number of impediments even before it started to sail, a chat with Bejon Misra, consumer expert and member, FSSAI, throws more light on the issue

Tell us about your role in the FSSAI.
I was made a member of the Food Safety and Standards Authority of India in the year 2008, when it was formed and founded for the first time as the new law "Food Safety and Standards Act 2006." I was representing the interest of the consumers within the FSSAI.

What are the consumer concerns you have presented to the Authority and the outcome of your action?
Well, these would be:
a. Empowering consumers to demand safe and quality food through effective communication initiatives and making public the "Citizens’ Charter of FSSAI Consumers" to ensure accountability and transparency in its working.
b. Resources to be provided to registered consumer organisations with good track record to organise consumer education programmes.
c. A robust tracing and tracking system to alert consumers on food contamination and unhealthy food.
d. Strong labelling information on the GMOs and other harmful additives and ingredients as prescribed in the law.    The outcome has been that work has started in all the four issues but no tangible results in the interest of the consumer till date have taken place and we are still struggling to make these issues a tangible reality in India.

What has been the biggest achievement of the FSSAI so far?
A structured office with a secretariat, several consultations and meetings with the various stakeholders including participation by the FSSAI officials at various events in India and overseas Codex Committee meetings…

Is the leadership strong enough to bring about the intended reforms?
I do not feel FSSA (Food Safety and Standards Act, 2006) is within the priority of our present government. We do not have a chairperson for more than six months and there has been a complete disconnect between the policy-makers and the implementation authority. The state governments are yet to wake up on the new law and its implementation and the Central government is unable to mobilise the support from the states on its prompt implementation. After five years the rules have got finally notified and the rollout plan seems unclear and direction-less.

Are there any difficulties in setting up the required machinery / infrastructure and pooling resources in bringing about the implementation of the Act?
Yes, lack of strong leadership with a commitment and passion for reforms in the food standards and its implementation programme. The biggest difficulty is lack of right kind of resources and involvement of technically competent experts on the subject who have the time to work at the district level of our country in an unbiased manner in the interest of all the stakeholders. We must create good models at the state level and encourage good players from the food industry who demonstrate best practices in the interest of the consumer.

Do you think members and the Authority as a whole have the right spirit to inculcate a culture of food safety in the industry and the masses? 
The involvement of the members is only confined to the three meetings during the year and invitation to some events or seminars. The members selected within the Authority are experts on their respective clusters but unfortunately their involvement is not as desired because of lack of motivation and proper working processes. Of course, the members could have done much better if the FSSAI governance would have been more efficient and effective. Lots can be achieved, only if the processes are made accountable and transparent.

Would you call the Act industry-friendly or consumer-friendly? Why?
The law is excellent in its present form but could be made more consumer-friendly by strengthening the rules on enforcements and prompt redressal on complaints and violations with deterrent penalties to ensure effective implementation of the existing law.

The Authority has been questioned for delaying the implementation of the Act. Do you agree that procedural delays could be avoided?
Yes, I agree. The implementation of the Act has got delayed beyond acceptable timeline. Of course they could have been avoided provided the chairman was more independent and was given a free hand to ensure he could select his own team and work in a manner which would provide the best results. The FSSAI should get insulated from political and bureaucratic interference. The Authority should meet more regularly and be free to use the public resource in an efficient and transparent manner.

FSSAI is completely an autonomous body. However, the Supreme Court had to intervene several times...Is there a need to have a watchdog to monitor its functioning? Why?
As I mentioned, we do not need to create another body to become a watchdog to FSSAI. We have scarce resources in our country and already have several watchdogs like CAG (Comptroller and Auditor General) and others. What we need is an independent working culture with clear accountable processes and active involvement of the members on a day-to-day basis to ensure the secretariat is working in an efficient and effective manner. We have to bring best management practices and learn from other countries which have similar regulators. We have enough bodies in our country as regulators or watchdogs, which are expensive and a burden to the consumers. What we need is lean governance with efficient outcomes in the interest of all the stakeholders.

Do you think we have a competitive team in terms of scientific panels and committees to bring in regulatory reforms for the industry?
I cannot comment on this because I have really not studied this aspect yet but I am happy that these committees are now devoid of representatives from industry who are still on their roles or engaged as consultants. All such committees should have neutral and competent persons of repute to bring reforms in the food sector in India.

What are the challenges that the Authority would now need to overcome in terms of standard-making, implementation and enforcement?
The biggest challenge is to make FSSAI the official standards-setting body in India on food and not BIS (Bureau of Indian Standards). This will ensure harmonising the process and making it accountable. The next big task is to bring all the state governments on the same page and encourage prompt reforms by providing incentives and support systems by engaging private sector with the best track record and not depend on public structures, which should be made accessible at a competitive price. The state governments should only ensure implementation and enforcement and not be service providers but service purchasers from the best entities.

Will the new Act benefit the Indian consumers in a big way?
Of course, the new Act is supposed to benefit the Indian consumer in a big way and that is why we agreed to support this new legislation but not in the manner it is handled today. By now we should have notified the best standards as per Codex Guidelines, we should have had an excellent tracing and tracking system in place, studies conducted on food contaminants and adverse effect of unhealthy food, penalties on misleading and deceptive advertisements, consumer awareness and education on access to safe and quality food and finally a strong regulatory mechanism at the Central and state level.

Are the consumer concerns sufficiently being represented to the Authority?
No. Unfortunately the consumer organisations in India lack the technical competence and resources required to intervene before the FSSAI and it is for the government to find a solution to this unfortunate state of affairs with the consumer organisations in India. Even though the Planning Commission has provided substantial budget to the various ministries on empowering the Indian consumer, I still find very little is done to institutionalise the process of intellectual intervention before the FSSAI to represent consumer concerns. Whatever representations are done are also not encouraged and implemented in the manner desired by the consumer. The law provided two consumer representatives within the Authority but their concerns are rarely heard and recognised by the secretariat of the FSSAI.

CHRISTMAS GREETINGS

SALEM TOWN MERCHANTS ASSOCIATION BOOKLET TO FBO's - FSSACT 2006 IMPORTANT POINTS

Seminar on Implementation of Food Safety and Standards Act

Port Blair, Dec. 23: An inter-active Seminar on the implementation of Food Safety and Standards Act and Rules is being organised by the Commissioner of Food Safety (DHS) A&N Administration on 4^th January 2012 at 10.00 am in the auditorium of the G.B. Pant Hospital, Port Blair. The seminar is for the benefit of the businessmen/ traders of these islands. 

During the seminar, discussions and power point presentation will be held on various aspects of FSS Act, Rules and Regulations. The President ACCI in a communication has requested all its members dealing with trades and business to attend the seminar and make full use of it. The seminar is also being organised as per the request made by the ACCI.

10,000 containers of Ayyappa prasadam found to be of poor quality dumped

Some 10,000 containers of Aravana, the sweet made from jaggery, rice and ghee, as prasadam offering for Lord Ayyappa of Sabarimala in Kerala have been dumped near the incinerator at Malikappuram in the southern state.

M Satheeshkumar, executive officer, Travancore Devaswom Board, informed FnB News, "The stocked containers of Aravana were found burst out and this had happened due to the use of poor quality sarkara (molasses)."

Further, another three tonne molasses that were brought to the temple town for the purpose of making Aravana were sent back as they were of poor quality. A sample of the same was sent to Central Lab, Trivandrum, for analysis.

The molasses were found to be of poor quality in spite of the fact that they were brought after conducting a lab test at the Analytical Lab at Pampa.

Fourth Meeting of the Scientific Committee of FSSAI

Hotels form panel to study new food law

Hotel and Restaurants Association has decided to form a core committee to look into the provisions of the Food Safety and Standards Act, 2006, and the rules framed under it this year.Swarna Sundar, its vice-president, said the core committee would follow up on the matter.
The core committee had 15 members of the association, which had more than 1,000 members from Dakshina Kannada and Udupi. They include hoteliers, ice cream, and soft drink manufacturers and those who run bakeries. Mangalore had 150 members and they were all hoteliers.
This decision was taken at a meeting of the association to discuss the Act here on Tuesday.
The association had urged the Government to give the industry the infrastructure to check adulteration of food, he said. “Even the water which we get is not clean. Although we clean the water with water purifiers, the source is not ok, so why blame us?,” he said.
A food safety consultant, Ananthaprasad, earlier addressing the members of the Dakshina Kannada Hotels and Restaurants Association, said they must get ready for the implementation of the Food Safety Act. He said that awareness and education about the Act was very important. He said that big and medium restaurants, hoteliers, small “darshinis”, and bakeries should make a task force and study the Act.
The meeting was held in the context of notices sent to food safety officers (earlier known as health inspectors) that they should check the licences of hotels and restaurants and charge penalties from those not maintaining safety standards as defined in the rules and regulations framed this year under Act, said Devi Prasad, Secretary, Mangalore Hotel and Restaurants' Association.
Mr. Ananthaprasad said since there was no infrastructure in hotels to test the quality, putting the onus on hotels and restaurants for safety of foods was not correct. The hoteliers were not consulted on whether or not they could implement the quality standards. The hotels and restaurants did not have the infrastructure or the money to implement what has been asked of them, he said.
He told the members that they must keep records such as the source of the material they used in the hotels and the name of their vendors. “Please specify quality parameters, control the supplies,” he said.

---

The core committee has 15 members of the Mangalore Hotel and Restaurants Association

It has urged the government to give necessary infrastructure, says an office-bearer