Angry F&B industry protests FSS Regulations 2011, meets Ghulam Nabi Azad

Groups of food merchants and food business operators (FBOs) that have been protesting against certain provisions of the Food Safety and Standards Regulations (FSSR), 2011, which they claim to be “glaring loopholes,” are currently in talks with Ghulam Nabi Azad, health minister; Pranab Mukherjee, finance minister, and Sushma Swaraj, Bharatiya Janata Party leader and member of Parliament, Lok Sabha; seeking a solution to the burning issue.

Not only the top echelons, the agitation seems to have shaken up the entire food & beverage sector and allied segments in the country. That is because, protests against the FSSR, earlier, noticed in small pockets, are rapidly gaining momentum nationwide, especially in states such as Madhya Pradesh, Maharashtra and Tamil Nadu. Rajasthan and Gujarat in the western region and Kerala and Andhra Pradesh in the south are also slowly witnessing a movement.

Madhya Pradesh
Indore became a hotbed of activity against the Act in the central state a few weeks ago, when a group of traders' associations based in the city decided to stage an indefinite dharna. It was spearheaded by the Madhya Pradesh Food Products and Producers' Association.

Such groups as the MP Dal Mill Association (Indore); the Association of Pulses Industries; the Mithai Association; the Namkeen Association; the MP Spice Manufacturers and Traders' Association and the Wholesale Retail Traders' Association participated in the dharna.

The traders opposed the Act on the following grounds: the need to obtain a fitness certificate from a doctor before carrying on their businesses, and the clause that a science graduate had to be appointed as technical advisor to monitor the quality of food being manufactured.

Babulal Rathi, president, Ratlam Vyapari Mahasangh, said, “We spoke to Shivraj Singh Chouhan, chief minister, Madhya Pradesh, who said we have to wait for the Centre to revert. We are not totally satisified, because a large number of livelihoods are at stake.”

Tejkulpal Singh Pali, partner, Hotel Ranjeet, Bhopal, and the president of the Hotel and Restaurant Association in the Madhya Pradesh capital, said they also had a dialogue with the state government on the drafting of the Act.

“They admitted that inadequate infrastructure is a major hindrance and assured us that they will look into the matter,” he said, adding, “We (hoteliers across the state) have called off the bandh.”

Maharashtra
Tejinder Singh Renu, honorary secretary, Vidarbha Taxpayers' Association (VTA) and Nagpur Residential Hotels Association (NRHA), has filed a public interest litigation (PIL) before the Nagpur bench of the Bombay High Court. The ministry of health and family welfare; the Food Safety and Standards Authority of India (FSSAI); the ministry of law and justice, and the Food and Drug Administration, Maharashtra, have been named respondents.

The PIL “seeks to challenge the legality of food safety and standards (licensing and registration of food businesses) regulations, 2011, and challenge the constitutional validity of the Food Safety and Standards Act (FSSA), 2006.” It is a public interest litigation under Rule 3(e) of the Bombay High Court Public Interest Rules, 2010, and a writ petition under Article 226 of the Constitution of India.

Although the Nagpur Bench of the Bombay High Court had urged VTA and NRHA to withdraw its PIL against the country's apex food regulator, Renu planned to go ahead with it. “Of course, we want our case to become stronger, and for that, I am gathering more data and trying to bring more traders' groups on board, so that we can have solid grounds to prove our allegations,” he said.

Tamil Nadu
N Jegatheesan, president, Tamil Nadu Chamber of Commerce and Industry, was not in the country, but the Chennai-based organisation sent its objections to the Act via e-mail. Attempts to contact S Rethinavelu, its senior president, also proved futile.

The Food Safety and Standards Rules, 2011, has stipulated that all those engaged in food-related trade and industry with annual turnover of above Rs 12 lakh (including grocery dealers and hotels and restaurants) should obtain state or Central government licences.

“Those who don't comply with this requirement are liable to be sentenced to a prison term of upto six months and a fine upto Rs 5 lakh. We are as shocked by this harsh punishment as is every food business operator across the country,” they wrote.

The e-mail did raise another pertinent question: “In which other Act in this country are such ridiculous punishments meted out if one is found carrying out business without obtaining the requisite license?”

A delegation from the Chamber recently visited New Delhi and met the health minister. They spoke about the need to nip the Licence Raj in the bud at the earliest; but as far as the existing registration procedure is concerned, they advocate its continuance.

Many complaints against food safety officers have been brought to the Chamber's notice, and taking cognisance of the same, the Chamber appealed to the Centre and the FSSAI to take appropriate remedial action.

“During the post-Budget discussions, the finance minister assured the delegation that no food safety officer would harass any food business operator on the pretext of 'doing their duty',” read a statement in the e-mail.

Errant food safety officers have been warned to refrain from such “high-handed practices.” Designated food safety officers have been appointed at the district level to inculcate the purpose of the Act among their subordinates.

The FSSAI has declared August 4, 2012, as the last date for obtaining licences for the year 2012-2013, and the Chamber hopes their demand will be considered by then and that the outcome will be positive.

“We would appreciate if the ministers and the FSSAI chairman defer the initiation of actions against trade and industry under the new Act for three years, which is sufficient time to create complete awareness among FBO and food safety officers,” the e-mail said.

S V S S Velshankar, honorary secretary, Tamil Nadu Food Grains Merchants' Association, said they have been unable to get an audience with the chief minister of the state, but once they do, they will put forth the reasons for their opposition to the Act.

“Different trade associations across Tamil Nadu have joined forces, and this united body will take up the case of those who don't have a voice with the government. We have spoken to the FSSAI authorities, but aren't convinced with their response,” he said.

“The problem is not as simple as 'register/get a licence or don't continue running your business'; but we do not have enough time in hand to train the small FBO,” Velshankar said, adding that they were confident the state government would be fair.

R Kaleeswaran, honorary secretary, Karaikudi Bakery Owners' Association (KBOA), sent a set of suggested modifications to the Act, and hoped the FSSAI would revert. He also expressed his desire to apprise the chief minister of the situation.

The FSSAI, on its part, had only this to say, “The new Act, which replaced the Prevention of Food Adulteration Act, 1954, becomes effective from the first stage of processing. Its intention, therefore, is to improve the hygiene of food materials.”

The 10 best Organic Fruit drinks and how to make this healthy food daily

Since the dawn of civilization, man has known the myriad health benefits and nutritional properties of fruits. When consumed in their natural form, fruits are a rich source of numerous vitamins, minerals, fiber and enzymes that bolster the immune system and ensure a healthy and functioning constitution. Fruit juices that are freshly made retain all the key nutrients and vitamins that are contained in fruits. However, due to large-scale consumerism, most beverages and fruit juices that are mass-produced today have very little nutritional value. This is due to the fact that most bottled beverages that come in the guise of “fruit juices”, contains water and artificial sweetening agents. These so called “fruit juices” contain very little nutritional value and are often discounted as junk fruit beverages.

Organic fruit drinks on the other hand are the real deal. A consumer of organic fruit drinks can be rest assured that at least ninety five per cent of the ingredients that have been used in its production are organic. Mentioned below are 10 best organic fruit drinks that are both quick and easy to make in the comfort of your own home.
01. Apple Juice
The popular adage “an apple a day keeps the doctor away” holds true even today. Apples are a rich source of iron and antioxidants in the body. While iron combats deficiency diseases such as anemia, the presence of antioxidants prevents the onset of such life threatening diseases such as cancer in the body. All you need is 3 large apples.
Method – Cut out the stems and place the apples in a juicer. Use a mix of sweet and tart apples to create a delectable apple flavor. The peels are an abundant source of an antioxidant known as Flavonoids. Hence, juicing the peels would greatly increase the antioxidant content of the juice and give it a nice frothy consistency.
02. Fresh Orange Juice
In addition to high antioxidant content, oranges are a veritable source of vitamin C in the body. Regular intake of orange juice is beneficial in many ways.
Method – Peel 5 large oranges and while doing so ensure that the white piths remain. The pith of the orange is packed with antioxidants known as Flavonoids, which are extremely beneficial for the body. All you have to do is peel, juice and enjoy a tall refreshing glass of fresh organic orange juice.
03. Passion fruit Smoothie
Everyone’s favorite fruit of choice, the kiwi fruit is a treat packed with nutrients. A rich source of vitamin C, the kiwi fruit makes for a deliciously refreshing fruit drink. You just need 3 kiwis and 2 cups of fresh blueberries.
Method – After peeling the kiwis and washing the blue berries, juice them together to create an appetizing purple colored smoothie that is guaranteed to tantalize your taste buds.
04. Berry Fruit Ecstasy
As the name suggests, the berry fruit ecstasy is the perfect blend of strawberries blueberries and raspberries that is best enjoyed chilled during summer. Loaded with vital antioxidants, the Berry Fruit Ecstasy is a remarkable way to charm the cockles of your heart. The ingredients that you need are 2 cups of blueberries, 2 cups of strawberries and 1 and a half cup of raspberries.
Method – Wash the berries thoroughly in a bowl of water and juice them together. Pour out the aromatic juice into a tall glass and enjoy.
05. The Apple Berry Smoothie
The Apple Berry Smoothie is one of the most nutritious fruit drinks in creation. Packed with vital nutrients, minerals and antioxidants, this quintessential blend of fruits is a must have for every health enthusiast. The ingredients that you need are 1 large apple, one-third cup of strawberries and 1 cup of blueberries.
Method – Wash the apple and the berries separately and juice them together. Pour the contents into a Tom Collins and top it off with small freshly cut pieces of strawberry or blueberry and voila you have the perfect fruit smoothie.
06. Strawberry Delight
The strawberry delight is the quintessential mocktail that can be enjoyed at all occasions. Strawberries have a distinct flavor, which leave a delightful aftertaste despite the presence of other fruits or vegetables. Strawberry is rich in antioxidants, magnesium, copper, fibre, omega fatty acid and vitamins. Most importantly it is low in calories. The ingredients that you need are 8 strawberries, 1 zucchini, 8 small carrots, half an inch of burdock root, 1 small beet, 4 celery stalks, a tiny piece of Galanga root and 1 Fuji apple.
Method – Juice all the ingredients separately and combine them together in a bowl. The resultant mixture is a unique fruity blend with an alluring flavor. Pour into a tall glass and enjoy the fruits of your labor.

07. Carrot Supreme
The Carrot Supreme is a unique mocktail that is both healthy, nutritious and a treat for the soul. The presence of beet gives it an alluring crimson coloration that is offset by shades of orange, revealing its magical ingredient – carrots. A truly delectable smoothie packed with loads of vitamins, biotin, thiamine, potassium, beta carotene and antioxidant agents. The ingredients that you need are 10 carrots, 1 large fuji apple, 1 pear, about 2 inches of salsify root, 2 small pieces of ginger, 1 small parsnip, 4 celery stalks.
Method – Juice all the ingredients separately and blend them together in a juice bowl. Pour out the delightful mixture into your favorite juice glass and savor the flavors.
08. Clear Light
Clear Light is a brilliant mix of fruits and vegetables that satiate most of your vitamin requirements for a day. Easy to make and nutritious to boot, the Clear Light smoothie is an organic fruits enthusiast’s dream come true. The ingredients that you need are 1 pear, 1 skinned cucumber, 1 large apple, 1 small turnip, 8 carrots, half a rubbard stalk, 5 celery stalks, 1 small beet and about 3 inches of salsify root.
Method – Juice all the ingredients separately and blend them together by pouring them into a tall glass. Before taking a sip, be sure to smell the unique bouquet of vegetables and fruits in this all season smoothie.
09. Strawberry Banana Wheat Wonder
The Strawberry Banana Wheat Wonder is the ideal drink for people on the move. Easy to make and packed with a powerhouse of vitamins, minerals and energy, this milk based smoothie can infuse new life into you, making it the perfect breakfast smoothie. The ingredients that you need are 1 banana, 3 strawberries, 1 egg, 2 cups of organic milk, 1 teaspoon of bee pollen, 1 table spoon of colloidal minerals, Half a cup of raw wheat germ, about 10 drops of pure orange oil and 1 table spoon of acidophilus.
Method - Blend the ingredients together until it assumes a nice viscous consistency and relish the flavors.
10. Ying Yang Fortifier
The Ying Yang Fortifier is an eclectic blend of roots, vegetables and fruits that will tantalize your taste buds with a mouth-watering aftertaste. Ensure that you use the roots sparingly so as to strike the correct balance between the sweetness and tartness of the drink. The ingredients that you need are 1 small beet, 12 small carrots, 1 large fuji apple, 10 strawberries, 4 celery stalks, small piece of Galanga root and a half purple top parsnip.

Method – Juice all the ingredients individually in your juicer and pour them into the blender. Once you have poured the mixture into the blender, top it off with the following ingredients:

• A scoop of spiru-protein
• Half a banana
• 1 tablespoon of colloidal minerals
• 1 teaspoon of bee pollen
• 1 tablespoon of barley green powder

Set your blender on whip mode and before you know it, you have yourself a delicious and wholesome Ying Yang Fortifier.

Ensuring FOOD SAFETY LAW IS GOOD BUT THOSE THAT IT CONCERNS MUST KNOW IT FIRST

Food safety simply means our food be absolutely free from any contamination and fit for the human consumption. It is hygienic and nutritional food which permits the development and maintenance of good health, due to which we are able to take any mental job or physical task.
In order to provide safe and wholesome food to the countrymen, government of India made Food Safety Act 2006, rules 2011, regulations 2011, for the whole country including Jammu & Kashmir State. By virtue of this act some science based standards for the article of food were laid down. This act has enabled the central government to take under its control the food industry of the country.
Under this food safety act every food business retailer or manufacturer shall register with the licensing or registering authority. The food safety & standards act says that even petty manufacturer shall follow the basic hygiene and safety requirements provided by these regulations. The petty food business operators include small retailer, road side food venders, hawkers, stall holders, cottage industries relating to food business, meat/mutton/poultry business operators with the slaughtering capacity of two larger animals or 10 small animals or 50 poultry birds per day. Small catering units, snack bars, eating houses, dhabba walaas and all other tiny food venders with an annual turnover not exceeding Rs. 12 lakhs fall under the petty food business category. Though the above category of food business operators are exempted from licensing, but still required to register with the registering authority. They have to ensure the safe and wholesome food for human consumption. There sale points, tables, boxes, cupboards, glass cases, knives and other utensils shall be clean and tidy.
Any small vender who sells to the purchaser any article of food which is not in compliance with the provisions of the act or regulations made there under shall he liable to a penalty not less then three lakhs rupees with imprisonment.
All dairy units including milk chilling plants equipped to process more than 50,000 liters of milk per day, vegetable processing units having 2 MT processing capacity per day, slaughter houses equipped to slaughter more than 50 large animals or 150 or more small animals or 1000 or more poultry birds. All 100% export or import oriented food business operators & all food catering units and government agencies like railways, airport, seaport , defense etc. shall obtain their license from the central licensing authority.
The business operations with an annual turn over of above 12 lakh Rupees shall register themselves with state licensing authority under schedule 2 of regulations 2011.They shall follow the basic requirements as prescribed by schedule 4 of the act. They shall provide a self attested declaration of adherence to the requirements as laid down under the Food Safety Act. If the designated officer is not impressed upon the food safety measures taken by the food business operator and has enough reasonable grounds for establishing that the F.B.O has failed to comply with the regulations, he may serve an improvement notice to F.B.O. The food safety officer shall also specify the measures which in his opinion the F.B.O must take in order to secure compliance, In case the F.B.O fails to act in accordance with the improvement  notice within specific period, his license may be cancelled or suspended. The Food Safety and Standard Act says that food business manufacture has to ensure his premises free from the growth of mould, fungi and infection. The workers for preparation of various food articles shall put clean aprons, hand gloves, head wears etc. They shall keep their nails trimmed, clean and wash their hands with soap and detergent before commencing their work. The food handlers should avoid scratching of body parts or hair during food handling process. Persons suffering from infectious diseases shall not be permitted to work. The vessels, containers or other equipments which may cause metallic contamination should be discarded. The manufacturer or packer of an article of food shall be liable for penalty for such an article of food, if it does not meet the requirement of the Act & the Rules and Regulations made there under.
Any person or food business operator  except persons exempted from licensing under Sub section(2) of section 31 of this Act who is required to obtain license-sells, manufactures, stores or distributes any article of food without a proper license, shall be liable for a imprisonment which may extend to six months and also a fine extendible to five lakh Rupees.
All the raw material, food additives and ingredients whereever applicable shall confirm to all regulations and safety standards laid under the Act. Raw food particularly meat, poultry, and sea food products shall be cold stored separately from the area of processed and cooked products. In order to avoid the risk of cross contamination during the transportation, food containers and conveyances shall be marked for food use only. The transporters who are engaged with the food transporting trade shall also get the license from the licensing authority after fulfilling the requirements as laid down by the Food Safety Act 2006, Rules 2011 and Regulations2011.

CONCLUSION
The basic aim of the Food Safety and Standards Act, Rules and Regulations is to provide contamination free food to the countrymen. But the drawback of this Act is that for food business operators and manufacturers it is very complicated, confusing and complex. The State Regulatory Authority of Food Safety Act, has maintained a meaningful silence over the most important act of the country. The poor food business operators like street venders, hawkers, dabba wal’s, bakers, meat/mutton/poultry dealers & others need to be educated and enlightened on the subject. They need to be further educated on the subjects like personal hygiene, storing, handling, packing, batch coding and transporting of food article. Near about 70% of the F.B.O. have no knowledge about book-keeping, accountancy & other aspects of trading accounts due to the lack and in absence of such knowledge they shall be easily exploited by the regulatory babu’s. These babu’s shall become the second god for the poor food operators. They have created a situation that without greasing their palms the survival of F.B.O. shall not be possible. It is astonishing that Food Safety and Standards Act Authority of Jammu &Kashmir never felt it necessary to launch any awareness campaign by way of holding and conducting seminars and workshops in this regard.  
In my opinion it is high time for the Jammu & Kashmir Govt. in particular and the concerned agencies in general to educate the F.B.O. before enforcing this Act, that will be a great service to the nation.

MAALAI MALAR NEWS

Authorization of NABL accredited food testing laboratories for analysis of food sample taken under FSS Act, 2006

India sugar is pesticide free, says study

The pesticide food safety issue that has tainted India’s sugar market for more than a decade has been cleared in the wake of a study suggesting India-produced sugar is pesticide free.

The joint research, from the National Institution of Nutrition (NIN) and the Indian Council of Medical Research (ICMR), showed that representative samples of sugar from across the country had no detectable presence of pesticides.

The study saw researchers test 27 samples collected from different states and mills across the country for the presence of organophosphate and organochlorine pesticides. Sugar samples were collected from mills in Andhra Pradesh, Uttar Pradesh, Punjab and West Bengal. Findings indicated an absence of pesticides; including alpha endosulfan and beta endosulfan, chlorpyrifos and DDT analysed at 0.1 microgram per kilogram level.

A Maharashtra-based sugar miller, who requested to remain anonymous, told FoodNavigator-Asia that this study is good news, especially for exportsas India is discussing the removal of government controls on sugar. “I am sure exports would be boosted thanks to this study. I also think makers of carbonated beverages can now shut up about the pesticide contamination in their drinks coming from our sugar,” he said.

Pesticide concerns
Cola companies have recently claimed that pesticide residues in sugar contaminated their bottled beverages, while pro-health groups and sugar makers said that is probably from the water they use. Pesticide contamination has been in the news across India for a while, with activist groups pounding the government and industry over the presence of pesticide residues in finished agricultural products containing sugars.

Last month, the Delhi High Court lambasted the Food Safety and Standards Authority of India (FSSAI) for claiming that that there is a wellestablished system to monitor presence of pesticides in food products. The court was adjudicating on the issue after taking notice of reports, which suggested that impermissible pesticides like endosulfan were found in food items, vegetables and fruits, especially around Delhi.

The FSSAI said that while Endosulfan was banned for use, its presence in food items might be evidenced over the next few years since the pesticide was already mixed with groundwater and soil.

Pro-health groups have demanded that the government set a minimum residual level (MRL) of pesticides in packaged agricultural products, including fruit and vegetable juices and carbonated beverages.

FOOD IRRADIATION-ISO'S NEW INITIATIVE

Food irradiation process on which enormous investments were made both in terms of valuable money as well as time is still to take off in spite of its proven efficacy and safety to human beings. Every day one is confronted by revelations that enormous amount of food produced in the world is lost irretrievably due to spoilage and other causes and according to one estimate this lost food would feed the entire world. Similarly food poisoning episodes due to contamination with many pathogens like Salmonella, virulent E.coli, Pseudomonas, Listeria etc are continuing posing serious safety problems in many countries. Why is that industry is reluctant to use this technology for the welfare of the consumers?. There are several reasons, most important of which is the regulatory authorities' insistence on mentioning irradiation on the label. It is a paradox that GM foods need not be labeled in a country like the US but irradiated foods must label it!  

"A new ISO standard—ISO 14470:2011—provides state-of-the-art requirements for food irradiation, commonly used to improve quality and safety in food processing. According to a press note by the International Organisation for Standardisation (ISO), a developer and publisher of international standards, the standard will benefit manufacturers, irradiation operators, regulators, customers and, ultimately, consumers. The new standard pertains to requirements for the development, validation and routine control of the process of irradiation using ionising radiation for the treatment of food, not only providing requirements, but also guidance for meeting them. The note adds, food irradiation is the process where food is exposed to ionising radiation in order to improve its safety and quality. It is intended to be used only on food that has been produced under good manufacturing practice (GMP) principles. The irradiation of food can be used for different purposes including control of pathogenic microorganisms and parasites, reduction of the number of spoilage microorganisms, inhibition of the sprouting of bulbs, tubers and root crops, extension of product shelf life or phytosanitary treatment.The main objectives of ISO 14470:2011 are - Provide requirements for the irradiation of food consistent with current standards and practices; Provide directions for a technical agreement between the customer and the irradiator operator; and Establish documentation system to support the controls on the food irradiation process". 

The new ISO standard is good but for whom these standards are made is a question that does not have any ready answer. Of course small quantities of food products are irradiated, especially with low doses for some specific purpose whereas pharmaceutical and medical industry uses them extensively. If finalization of ISO standards for food irradiation heralds a new initiative for popularizing the technology, then it is timely. Otherwise it will remain as a sterile exercise with not many takers for it in the near future.

இனிய தமிழ் புத்தாண்டு வாழ்த்துக்கள்!

Watch out for what you eat. It could be killing you slowly and sweetly: says new CSE junk food and nutrition study

• Most junk foods contain very high levels of trans fats, salts and sugar – which inevitably lead to severe ill health and diseases like obesity and diabetes
• CSE lab tests 16 major brands of foods relished by people, particularly the young: Maggi and Top Ramen noodles, MacDonald’s foods, KFC’s fried chicken and Haldiram’s Aloo Bhujia, among others
• Finds companies resort to large scale misbranding and misinformation; many say their products contain zero trans fats, but CSE finds heavy doses
• Danger lurking: Younger generation hooked to junk food, vulnerable to heart diseases in the prime of their life

New Delhi, March 30, 2012: Junk foods – all the stuff that most of us love to gorge on – have enough trans fats, salt and sugar to lead us to an early onset of diseases in the young. And what’s worse, neither the companies, nor the government is bothering to tell us what these foods contain, says a new Centre for Science and Environment (CSE) study which was released here today.
“We all know junk food is bad; we still eat it. But do we know how bad it is? Do we ever check what we are eating and whether what that packet of chips or Maggie has what it claims it has? Our new study, which looks at the nutritional value of these foods, is to make people aware of what these foods really contain and what they will do to our health”: says Sunita Narain, director general, CSE.
CSE, which is known for some truly ground-breaking studies on food and contamination, says this is the first comprehensive Indian study to have looked at nutritional claims made (or not made) by junk food makers and how they compare against our ‘allowed daily intake’. “And the findings are pretty damning,” says Chandra Bhushan, CSE’s deputy director general, who also heads the Pollution Monitoring Lab which did the study.

Daily intake? Now what is that?
The National Institute of Nutrition (NIN) and the World Health Organization (WHO) have set certain benchmarks of how much salt, sugar, carbohydrates and fats every individual can have on a daily basis to stay healthy. These benchmarks add up to what constitutes a balanced diet.
CSE’s study -- which tested a host of samples of popular foods such as potato chips, snacks like aloo bhujia, noodles, soft drinks, burgers, French fries and fried chicken -- shows that having just one serving of these foods completely overturns our daily diet chart (see attached study findings).
For instance, the NIN benchmark for the maximum salt that one person should have in a day is 6 gram, while the WHO puts it at 5 gram. The normal 80-gram packet of Maggi noodles that many of us gobble up almost on a daily basis has over 3.5 gram of salt – enough to take care of over 60 per cent of our allowed daily salt intake.
Says Chandra Bhushan: “Which means for the rest of the day, we will be restricted to have food which should contain less than 2 gram of salt. Not a happy choice at all for us in the sub-continent who love to have our salt and eat it too.”
The terror is in the trans fats
Salt, however, is not the real or only problem. The real problem is trans fats, or the ‘bad fats’.
The WHO says that in a balanced diet, a maximum of 1 per cent of total energy should come from trans fats. Therefore, an adult male can have 2.6 gram of trans fats per day, while an adult female can have 2.1 gram and a child (10-12 years) can have 2.3 gram.
CSE’s tests reveals a dirty truth of misinformation, misbranding, wrong labelling and obfuscation indulged in by companies, some of whom are on the top of the charts. They show that many junk foods claim they have ‘0’ trans fats; some don’t even bother to mention how much trans fats they have. A child who eats one of those immensely savoury MacDonald’s Happy Meals finishes up 90 per cent of all his daily requirement of trans fats. The packet of Happy Meal makes absolutely no mention of this massive dosage of trans fats!
Top Ramen Super Noodles (Masala) claims there is zero trans fats in every 100 gram – the CSE study found 0.7 gram per 100 gram. Similarly, Haldiram’s Aloo Bhujia says it has no trans fats, but the study found 2.5 gram per 100 gram.
PepsiCo’s Lays (Snack Smart) was sold till February 2012 through huge advertisements to say that these chips are healthy because they have zero trans fats and are cooked in healthy oil – this claim was quietly removed later. When CSE checked, it found as much as 3.7 gram of trans fats per 100 gram of the product in March 2012 batch – which is a dangerously high dose! PepsiCo never bothered to inform consumers.
So what does all this mean for our health?
What makes junk food so unhealthy are the high levels of salt, sugar, fats and carbohydrates in them. Non-communicable diseases such as obesity and diabetes accounted for more than 50 per cent of all deaths in India in 2005; by 2030, they will kill two-thirds of all Indians.
The latest National Family Health Survey (2005-06) says at least one in every eight Indian is overweight or obese. In our cities, the situation is worse: one in every five urban Indian is obese and prone to numerous health disorders that obesity generates.
The CSE study has a deadlier tale to tell. The researchers behind the study say that the heavy doses of trans fats, joined with that of salt – which comes from all the so called ‘fun foods’ --  work together to trigger ill health which can lead to death.
Trans fats are notorious for clogging arteries: they deposit on the walls of the arteries and make them narrower. On top of that, when one has large amounts of salt, the blood pressure increases. The heart has to work overtime to push the blood around, which weakens it considerably.
Says Chandra Bhushan: “And there is enough global evidence to suggest that more and more young people are succumbing to problems of the heart at a much earlier age. At an age when they should have been at their productive best, they are loosing productive life by eating this junk.”
“Coming at a time when the world is struggling to contain NCDs or non-communicable diseases, when schools across the country are banning sale of junk foods on their campuses, when several countries are trying desperate measures such as ‘fat taxes’, this study tells us that we need stronger regulations that will reduce the quota of fats, sugar and salt in junk foods, and ones that will force companies to provide information to the public mandatorily,” says Narain.
For details, please call Souparno Banerjee on 9910864339 or write to him at souparno@cseindia.org

POLICY NOTE & PERFORMANCE REPORT OF FSDA DEPT OF TAMIL NADU

Now, fragrance and flavours body against FSS Act; seeks early amendment

The protests against the Food Safety and Standards Act (FSSA), 2006, have gathered momentum with another leading body – Fragrances and Flavours Association of India (FAFAI) – expressing its displeasure over certain provision of the Act.

According to Ravi Mehra, chairman, flavour sub-committee, FAFAI, the present situation related to the FSSA is as follows: Rules related to multiple licensing and operations; rules related to standards and safety, and safety of the industry from initial turbulence. And hence, “It must be amended at the earliest,” he said.

“To obtain a licence, a food business operator has to obtain a number of permissions and no-objection certificates (NoCs) and submit many documents, in addition to filing returns within two months of the end of the financial year. It is impossible. The tax authorities have a prescribed format to file returns, which is an extra burden to many in the industry. The purpose of this format is to keep records of the turnover and to know the size of the industry. The same can be achieved with the VAT format as well,” he explained.

As far as his industry was concerned, Mehra said that many flavouring agents were not only used for flavouring, but also in fragrances. “To bring flavouring agent manufacturers under the purview of the FSSA Act is by no means an easy task. They might not obtain the FSSA licence, but when their material is to be purchased by a domestic firm in the flavour industry, it has to be from a licensed supplier; however, the same criterion does not apply for imports. Therefore, the local players are bound to suffer,” he said.

The ambiguity over the word ‘flavouring’ is another challenge. “The food flavouring industry is different from the flavouring industry as a whole, and FSSAI should be concerned with food flavouring only. FSSAI's interference in our operations curbs our freedom. Why should we seek their permission before taking basic decisions such as changing, upgrading or modernising our factory designs, which are undoubtedly important but unrelated to food safety,” he complained, adding that placing the factory design at the entrance may serve all FSSAI's purposes.

What irks the industry more is FSSA's categorisation of various products, which is only adding to the confusion. “The categories in the Act are neither nationally nor internationally uniform; they don't comply with the VAT codes or the Customs and Excise codes. What we expect is harmony and not the blatant defiance of the norms, which is the current practice,” said Mehra.

According to the prevalent food import rules, one needs to obtain a central licence (which also applies to ingredients) for commercial trade; this, however, does not encompass all-purpose imports. “The ambiguity is because import is for two purposes. The rule for import for domestic consumption (when imported by an actual user industry) does not apply to import for commercial trade (when imported by a trading house),” he explained.

“On the one hand, India prides itself on its proficiency in the field of information technology; on the other, it has succumbed to multiple licensing, and the industry is paying a heavy price for it,” he said, adding that software for a single-licence system was the need of the hour.

The terms ‘food additives’ and ‘flavourings’ are not interchangeable. Using flavouring agents in foods does not make sense because most flavouring agents are neither directly added to food nor should be added to it. They are diluted in solvents and then added to food in traces.

Doctors and consumers keen to know the cause of allergies opine that the labels on food containers should have three categories of ingredients: active ingredients, functional additives (other than flavourings) and flavourings and colourings.

Overseas, food additives are codified with ENS/INS numbers. This cannot happen to flavours such as vanilla, orange, chocolate, etc. The addition of flavouring is minimal in traces, less than one per cent. There is favourability in FSSA to such additions in traces.

Mehra said, “In India, the labelling of flavours are mixed with that of any other food product; and some high-end players also advocate such mixtures. Overseas, the labels on the flavours aren't the same as those of the final product.”

Citing the examples of countries such as South Africa and China, he said, “The flavour industries in those countries are more advanced than the Indian flavour industry, and there is simplicity in their labelling.”

He predicted that the development of the Indian flavour industry will not be on the basis of growth of business, but on the fundamental development of import substitutes; new development of flavouring agents and indigenous solvents.

“The FSSAI must become more liberal on legislations not related to food safety. We cannot remain dependent on imported raw material for a long time. We should question the Act and ensure that high standards are followed in India,” he said.

Mehra termed India as a country which was not developing but “quite happy to be struggling with our turnovers,” while others showed remarkable growth on many fronts. “We are voicing our anguish about issues that aren't concerned with safety whatsoever,” he said.

“The FSSA is actually a deterrent to any new player who wants to enter the food business. It must focus on the development of the indigenous food industry, instead of merely aping the rules laid down by other countries,” he said.

Food safety officers have replaced the food inspectors, who were the regulators during the Prevention of Food Adulteration (PFA) regime. They now have wider discretionary powers, including the power to levy heavy fines to the industry.

“Right now, I think FSSAI is working in tandem with consultants and is not taking the industry into confidence. From August 5, 2012 onwards, we expect a larger section of the industry to benefit,” Mehra said.

“As far as the micro-sector is concerned, they need time to understand the Act. Initially, the regulators should not fine the smaller players heavily but send them improvement notices, so that they can take all the regulations seriously and adapt to the objectives of the Act,” he said.

“At various forums, I have heard FSSAI officials reiterate their 'target': issuing five crore licences to food business operators across the country. With a population of over 120 crores, it is ridiculous to even come up with a ratio of 1:24. The studies don't make sense,” Mehra said.

“All food business operators haven't been taken into confidence. The FSSAI seems to be interacting only with a few affluent ones in Delhi. Have they bothered to find out what ails the micro-food operators in various parts of India, including our very own Dharavi,” he opined.

Another point he raised is that training and education must be imparted to the micro-industry to avoid the mass closure of their businesses. They must improve and adhere to the Act. “Currently, there is no awareness campaign for them either,” he observed.

Mehra signed off by saying, “FSSAI claims they are open to suggestions. And we have raised some. I am in constant touch with the authorities. I hope they will look into the simplification of the rules.”

MP CM urges PM to reconsider FSSA decision as protests continue in state

Food merchants across Madhya Pradesh have been showing complete support to a call for three-day statewide bandh that began on Monday. They are opposing certain provision of the Food Safety and Standards Act (FSSA).

Most of the stores in Bhopal – save a few shops that cater to the daily needs of the residents of the city – downed their shutters, as did the food markets in Indore; Ratlam; Jabalpur; Gwalior; Ujjain; Sagar; Rewa, etc.

Babulal Rathi, president, Ratlam Vyapari Mahasangh, said, “The Act favours multinationals who wish to set up shop in the state and could wipe out small traders.”

“We believe the infrastructure is inadequate and the law is too difficult for the average trader to comprehend, let alone follow. We're seeking remedial action on these, because whenever I read the Act, I see a new loophole emerging,” he said.

“So far, the bandh has been peaceful, but if the government does not pay heed to our demands, it could become indefinite and cripple the state,” Rathi said, adding, “Our meeting with the collector of Ratlam was fruitful.”

He said media reports on the bandh boosted the traders' confidence; but the same cannot be said about the local food safety officers' excuses. “They visit vendors of namkeen, which Ratlam is noted for, and penalise them on the grounds that it is adulterated,” he said.

Concern for small traders
Rathi has found a supporter in none other than Shivraj Singh Chouhan, chief minister, Madhya Pradesh, who believes that the FSSA will be detrimental to small-time traders and commoners, and that international players will benefit.

Chouhan urged Prime Minister Dr Manmohan Singh to reconsider the Act within a stalled time frame, and that until the Centre deliberated on the issue, none of its provision would be implemented.

The chief minister observed that the ones who run roadside stalls and sell food on handcarts could feel the pinch more than others, and hoped the Centre would keep the arrangements for making safe food available to everybody under the Act within the framework of practicability.

Energy drinks, weight loss drugs come under FDA scanner, raids to continue

After 16 lakh cans of energy drink Red Bull worth Rs 6.5 crore were seized by the state Food and Drugs Administration (FDA) last week , the authority is now tightening noose around various other beverages mushrooming in the market.
A team of FDA inspectors had seized the stock from two different distributors in Thane and Vikhroli. Officials said the raid was conducted after studying samples of the drink, which showed that the caffeine content in it was beyond permissible limits and further raids of such products will continue.
“Manufacturers claim that these drinks are non-carbonated and boost energy. But you can clearly see and taste the fizz. Consumers must not get fooled by such gimmicks, especially when they are being consumed largely by youngsters,” said G Rathod, Joint Commissioner (Food) of the FDA.
Rathod said the caffeine content in the drink was found to be as high as 250 parts per million (ppm). According to the Food Safety and Standards Authority of India (FSSAI), carbonated drinks are permitted to contain 145 ppm. However, a recent ruling by the Madras High Court said the FSSAI did not have specific norms for energy drinks owing to which Red Bull was exempted from the regular standards maintained for carbonated drinks. “Considering the legal situation, we can’t take any further action apart from seizing stocks,” Rathod said.
A spokesperson from the Mumbai office of Red Bull said the FDA’s action came as a shock. “We are a global brand complying with both national and international standards. The caffeine level in Red Bull is very much within permissible standards. We did not expect this sort of a move by the Maharashtra FDA,” the spokesperson said.
The FDA has also come down on weight loss drugs. Following complaints from consumers, notices were sent to companies manufacturing weight loss drugs which showed serious side effects, such as drastic weight increase and skin problems. “We have already started analysing samples of weight loss capsules. Many of them showed an extremely high level of fat. Necessary action will be taken against the defaulter companies,” said a senior official from the Drugs department of the FDA.

E Coli bacteria found in idli samples

PUNE: Idli samples sent for testing to the State Public Health Laboratory were found contaminated with E Coli bacterium, certain strains of which can cause food poisoning and may even be life-threatening.

On Saturday, 132 students of a civic-run school had been admitted to different hospitals with complaints of vomiting and nausea after they ate idlis, served under the mid-day meal scheme.

Based on the laboratory results, the Food and Drug Administration (FDA) has now decided to file a criminal case against the mid-day meal service provider, Sai Vyavasaik Gat, a self-help group.

A person infected with E Coli bacteria can experience abdominal pain, nausea, vomiting, fever, fatigue and diarrhea. A healthy adult will usually make a full recovery from the infection within 3 or 4 days. However, young children, elderly individuals and patients with a weakened immune system can develop potentially fatal HUS (hemolytic uremic syndrome), a type of kidney failure, said infectious disease expert Bharat Purandare.

"The lab report has made it clear that the idlis served under the mid-day meal scheme were contaminated and unfit for human consumption. We are now going to seek the consent of the FDA commissioner to file a criminal case against Sai Vyavasaik Gat," said Chandrashekhar Salunke, joint commissioner (food), FDA.

"E Coli bacteria isolated in the sample can cause food poisoning, hence it is unfit for human consumption," states the SPHL's lab report.

The Food and Drug Administration (FDA) has already issued notices to the mid-day meal provider, the grocery shop owner and the operator of a flour mill - all located in Parvati - for violating provisions of the Food Safety and Standards Act, 2006, on Monday.

Chouhan urges Centre to reconsider Food Safety & Standards Act

Bhopal, Apr 11 : Coming out in support of the agitating food item traders, Madhya Pradesh Chief Minister Shivraj Singh Chouhan has urged the Centre to reconsider the Food Safety and Standards Act 2006, saying its provisions are against the small-time businessmen.
The Chief Minister, who held a meeting with a delegation of traders here last evening, said that the implementation of the Act will adversely affect the livelihoods of small-time businessmen and common people, official sources said today.
He said that the Act will benefit global food companies at the cost of common people and small businessmen and therefore, provisions and rules of the Act should be reconsidered within a specific time-frame and its implementation should be stalled till then.
Chouhan said that although the Union Government’s intention is to make healthy and safe food available to people, it should also ensure that small-time businessmen do not lose their livelihood.
“It will become difficult for small-time traders to run their business on roadside handcarts like those selling kachori, sweets, grocery items, confectionery and milk, among others,” he said.
Recently, Chouhan had also written a letter to Prime Minister Manmohan Singh, in which, he had said that small-time traders will be forced to close their businesses after the implementation of the Act.
Following a call of strike given by the Confederation of All India Traders, shop owners selling food items, restaurants and grocery shops had started their three-day strike from April 9.
The traders also met the Leader of Opposition (Lok Sabha) Sushma Swaraj last night at her Bhopal residence and urged her to intervene on the issue.

FOOD SAFETY MANAGEMENT SYSTEM & CERTIFICATE

Nagpur bench of Bombay HC asks VTA, NRHA to withdraw PIL against FSSAI

The Nagpur bench of the Bombay High Court, on Tuesday, asked the Nagpur-based Vidarbha Taxpayers Association (VTA) and Nagpur Residential Hotels Association (NRHA) to withdraw the Public Interest Litigation (PIL) filed by them against the Food Safety and Standards Authority of India (FSSAI).

The two bodies had filed a PIL seeking the court's assistance in withdrawing certain "unconstitutional" clauses in the Food Safety & Standards Act, 2006 (FSSA 2006), and the Food Safety & Standards (Licensing and Registration of Food Business) Regulations, 2011.

The PIL had alleged that the Authority did not consult the affecting parties before enacting the Act. Also, the implementation of the Act in the present form, could prove to be a breeding ground for corruption and Inspector Raj, it said.

However, the court asked for certain circumstantial evidence to substantiate such
allegations.

"It will be difficult for us to get such documents but we are going to file again as the High Court has withdrawn the PIL by giving the liberty to file again. If the court is still not satisfied, we may think of challenging the Order in the Supreme Court," said Tejinder
Singh Renu, secretary, VTA and NHRA.

Strike in Ratlam
Meanwhile, a trade body from Ratlam, Madhya Pradesh, has announced a three-day strike against "far-fetched" clauses of the FSSA. This seems to be among the series of agitations that the country has witnessed in recent times against the Aug 5, 2011, implementation of the law.

While the Authority has been promising to review the law, campaigns are intensifying in states like Madhya Pradesh, Tamil Nadu and Kerala.

Guj. FDCA raids ice cream maker for selling products as frozen dessert

Acting on a tip-off, officials of the Gujarat FDCA (Food and Drug Control Administration) raided the manufacturing plant and storage facilities of Vadilal ice creams at Gandhinagar, Gujarat, on Saturday. This was informed by Dr H G Koshia, commissioner, FDCA, Gujarat.

“Our team had found that some of the flavours of Vadilal ice creams were sold as frozen dessert, which was printed in small letters on the products,” Koshia explained.

Not only the aforementioned brand, Koshia added that many of the top brands by mentioning frozen dessert in small print but selling the product as ice cream, were taking the consumers for a ride. According to him, edible vegetable oil, the ingredient mentioned on frozen dessert, was not permitted in ice creams and ice creams were expected to be products made of milk fat. Thus the consumers were getting cheated in the process.

He added, “Using edible vegetable oil is against the law and hence the products of Vadilal have already been sent to the laboratory for testing. We are waiting for the results.” When contacted, representatives of Vadilal refused to comment on the issue.

It may be noted that under the new Food Safety and Standards Regulations (FSSR) 2011, use of edible vegetable oil entailed the product to be termed as frozen dessert, while only those products which contained milk fat could be called ice cream. But most of the times, for the buyer, there is no clarity on the difference between the two and their ingredients. Hence, erring manufacturers are likely to face legal action.

In this regard, it was found that not only Vadilal but other top brands like Kwality Wall's and Pastonji were resorting to such practices. HUL’s Wall’s is one of the most popular brands, in spite of calling itself frozen dessert.

Interestingly, Pastonji was selling its products as medium fat frozen dessert, but surprisingly, mentioning the ingredients same as Amul, the brand which has been selling its products as ice cream. Both Pastonji and Amul have the ingredients mentioned as milk, milk products, water, sugar, liquid, glucose, nuts and emulsifying and stabilising agents and permitted colours.

Koshia felt that apart from fair business practices expected from manufacturers, the consumer also needed to be educated. In this regard, Gujarat has launched a Mobile Exhibition Van recently. The van helps in creating awareness in the remotest corners of the state. The Gujarat FDCA has also launched primary testing kit that helps in identifying adulteration of food.

Jolt for FSSAI as Nagpur bodies move HC against “unconstitutional” FSSA

Challenging the constitutional validity of the provision of the Food Safety & Standards Act, 2006 (FSSA 2006), Nagpur-based Vidarbha Taxpayers Association (VTA) and Nagpur Residential Hotels Association (NRHA) have filed a Public Interest Litigation (PIL) with the Nagpur bench of the Bombay High Court.

The PIL has been filed against the Food Safety and Standards Authority of India, (FSSAI), the union ministry of health and family welfare, ministry of law & justice, legislative department, and the Food and Drug Administration, Maharashtra.

Calling certain provision of the FSSA unconstitutional, the PIL also challenges the legality, validity and propriety of the Regulation No. 2.1.2 of the Food Safety & Standards (Licensing and Registration of Food Business) Regulations, 2011.

According to the petition filed by Tejinder Singh Renu, secretary, VTA and NHRA, the provision engrafted in the FSS Act appear to harm even innocent traders and others. It said that the law is passed without the traders, merchants, businessmen, etc., concerned in this field. “It is good to have such a law but at the same time it is very difficult to imagine that such a law can be implemented in a most haphazard manner or in a haste shutting eyes to the pragmatic practices and the practices of food business prevalent in India,” said the petition.

The PIL has accused the Authority of enforcing a law which is immensely vague. It is a settled democratic principle that, every wing of the government be it the executive, the legislature or the
judiciary has to separate grain from chaff in respect of issues before it. While drafting a law like the FSS Act, 2006, the target persons must be the one who are engrossed in food adulteration and
black-marketing. However, in catching hold of such persons, the FSS Act, 2006, sounds to be a good prospect but, it may cause more harm than good by implementing the penal, harsh and draconian provision even against the bona-fide food business operators due to its immense vagueness, the petitioners said.

Before the FSSR was enacted (Aug 5, 2011) the petitioners had sent suggestions to the FSSAI in framing regulations and specifying standards under the Act. They suggested that the FSSA, in spite of its niceties, was a glaring example of absurd provision vaguely worded. Further, it treated all food business operators at par without taking into account the prevalent practices in the country. “By and large, the FSSA would provide a fresh lease of life for Inspector Raj and this would increase the rate of corruption chaotically,” the petitioners said.

The FSSAI did not acknowledge the suggestions and comments sent to it for a long time. Till then on August 5, 2011, the FSSR had already been brought into force.

The petitioners then moved an application under the RTI Act, 2005, seeking information about the provision of the FSSR, 2011, etc. as also about the suggestions, objections, comments, and hearings etc., invited by it on the Act, Rules and Regulations. The FSSAI’s reply revealed that no hearing was ever called upon before preparation of the Rules & Regulations under the FSS Act, 2006. The PIL has called this as illegal and improper. It said that the framing and implementation of the FSS (Licensing & Registration of Food Businesses) Regulations, 2011, is per se contrary to the provision of Section 18(2)(d) and 18(2)(a)(i).

Section 18(2)(d) of the FSSA says that the Food Authority shall, while framing regulations or specifying standards under this Act, shall ensure that there is an open and transparent public consultation, directly or through representative bodies including all levels of panchayats, during the preparation, evaluation and revision of regulations, except where it is of opinion that there is an urgency concerning food safety or public health to make or amend the regulations in which case consultation may be dispensed with, provided that such regulations shall be in force for not more than six months. Further, Section 18(2)(a)(i) of the FSS Act, 2006, reads that the Food Authority shall, while framing regulations or specifying standards under this Act, take into account the prevalent practices and conditions in this country including agricultural practices and handling, storage and transport conditions.

The PIL said that the FSSAI has enforced the FSSR 2011 without ensuring that there is an open and transparent public consultation either directly or through representative bodies including all levels of panchayats.

The petitioners claimed to have made a representation wherein they suggested variegated changes in the drafts etc. of these regulations but the FSSAI neither acknowledged the same nor granted any opportunity of hearing to any person. “It is difficult to imagine that, in a country having a population of 1.2 billion and more not even one person wanted a consultation on these Regulations more particularly when the FSSA 2006 and the Regulations take within their sweep all the food business operators at all levels whatsoever,” read the PIL.

In its reply to the RTI filed by the petitioners, the FSSAI categorically admitted that no hearings on the objections were called for and no personal hearings have been conducted for any suggestions/comments. “In light of this statement of the FSSAI, the FSSR is unsustainable in law and need to be struck down forthwith,” the PIL said.

Further on Regulation No. 2.1.2 of the FSSR (Licensing & Registration of Food Businesses) it said that it was contrary to the principles of equality enshrined U/A. 14 of the Constitution of India. It may be noted that, wherever arbitrariness steps in Article 14 comes into picture.

Regulation 2.1.2 of the FSSR talks about obtaining a valid licence or registration for food business operations. The requirements of Schedule IV, as per the regulation, appear to be mandatory for every food business operator irrespective of whether a food business operator already carries on such a business or a new venture is proposed to be commenced by a person.

According to the PIL, it is nothing but arbitrary to treat the food business operators who are already carrying on their businesses and the food business operators intending to commence their businesses at par. There must be separate guidelines for them. Thus Regulation No. 2.1.2 is violative of Article 14 of the Constitution of India.

Further, the broad width and contours of the FSSA try to include food business operators at all levels be it a street food vendor or a seven-star rated hotel. In other words, the settled principle of law of equality that injustice arises when equals are treated unequally and when unequals are treated equally, is flagrantly violated by the provision of the FSSA and the FSSR. Thus, for not appreciating the rational intelligible differentia in framing and implementing the FSSA and the FSSR the PIL has asked that these regulations, more particularly Regulation No. 2.1.2, needed to be struck down as they were unconstitutional and violative of Article 14 of the Constitution.

For the same analogy and argument, Section 31 of the FSSA needed to be effaced from the Statute Book.

Further, the PIL said the entire quasi-judicial structure of authorities set up under the FSSA for implementing the provision of the Act was contrary to the test of impartiality. The theme and scheme of the FSSA revealed that a quasi-judicial institutional structure had been set up thereunder with powers to unilaterally decide the non-compliance with the provision of the Act.

“It is difficult to imagine that the authorities, entrusted with the function of discharging quasi-judicial functions prescribed under the Act, can act independently and with impartiality,” the petition said.

It is a fairly settled law all over the globe that an accused is presumed to be innocent till his guilt is proved. However, the authorities entrusted under the FSSA and the rules and regulations made thereunder were the limbs of the FSSAI and were bound to presume that a person accused of any delinquency under the Act was guilty and must establish his innocence.

Further, the PIL pointed out that certain provision of the Act were vague. For example, Section 50 of the FSSA 2006 read: “Penalty for selling food not of the nature or substance or quality demanded. Any person who sells to the purchaser’s prejudice any food which is not in compliance with the provisions of this Act or the regulations made thereunder, or of the nature or substance or quality demanded by the purchaser, shall be liable to a penalty not exceeding five lakh rupees. Provided that the persons covered under sub-section (2) of section 31, shall for such non-compliance be liable to a penalty not exceeding twenty five thousand rupees.”

The wordings of this Section are vague. According to the petitioners, the expression nature, substance and quality demanded by the purchaser is not capable of independent adjudication as considering the prevailing Indian practices it is difficult to imagine that there can be any proof of what purchaser demanded and what was sold to him.

Also, the purchaser is likely to take undue advantage of the expression underlined in Section 50. When the Act was meant to be fair by the food business operator it was also needed that consumers and purchasers be fair to them reciprocally. Hence, such provision, particularly the expression underlined in Section 50, needed to be struck down as arbitrary and unreasonable. This Section violated the right to carry on business, trade and occupation as enshrined U/A. 19(1)(g) of the Constitution of India.

The PIL has also pointed that certain provision of the FSSA and the rules and regulations give unfettered discretion to the Authorities. These should be scrapped for the simple reason that if the officers do not exercise their discretion in a sound and judicial manner the aggrieved person would be rendered remediless.

“It is erroneous to say that the Food Safety Appellate Tribunal set up under the Acts can give an independent decision to such a person,” said the PIL.

Notably, there is no provision under the FSSA earmarking the accountability of the commissioners and other officers appointed to ensure the execution of the provision of the Act.

Hence, this provides a space for sowing the roots of corruption. The FSSA, though not unsustainable in totality, needs to be reviewed and until the same is done by Parliament the implementation of its vague provision must be stayed during the pendency of the present petition else it would result in causing irreparable loss to the food business operators.

The PIL is listed for hearing on April 10.

Uttar Pradesh schools to ban sale of junk food

 

Uttar Pradesh: The move was initiated by the Secondary Education Council following instructions from the federal Health and Family Planning ministry.
The Uttar Pradesh government has asked all schools in the state to ban sale of junk food within their premises and outside, an official said today. A senior government official said the move was initiated by the Secondary Education Council following instructions from the federal Health and Family Planning ministry. In a letter addressed to principals of all schools, secretary of the UP Madhyamik Shiksha Parishad (Board of High School and Intermediate Education) asked to ban sale of all forms of junk food, carbonated cold drinks and high sugar containing food from their campuses.
The letter said consumption of such food items leads to a host of diseases, including diabetes, high blood pressure and piled up cholesterol levels. The letter specifically mentioned the high trans-fat levels in foods sold in different forms like wafers, salted and fried items. The official letter has encouraged school managements to promote healthy and nutritious food amongst school going children. The letter also warned strict action against the district inspector of schools of that area, if the orders were not implemented.

Hotels, restaurants to go on three-day strike from Apr 9

INDORE: After jewellers, it is now the turn of hotels, restaurants and groceries in the state to go on strike. The MP Food Manuifacturers and Retailers' Association will launch a three-day state wide strike from Monday to protest against the Food Safety and Standards Authority of India Act, 2006 that came into effect from August last year.
The Act that is being termed 'draconian' by the association will affect about 8400 traders in Indore and 60,000 across the state.
The Food Safety Administration (FSA) has already issued advisory to all the traders to comply with the norms. Negligence or violation of the provisions of the Act could land a trader six months imprisonment and/or Rs five lakh fine.
The Act makes it mandatory for traders to appoint a consultant, qualified not less than BSc, to monitor their activities and certify that their establishments were abiding by the norms as set by the Act.
There are more than 45 various associations of traders that are participating in the strike. Besides, they claim to have participation of malls and retailer chains too, including Reliance Fresh, Big Bazar and Easy Day. Even milkfood retailers and pan masala vendors have also joined the move.
Talking to ToI, Vikas Jain, general secretary, MP Food Products Manufacturers & Sellers' Association, said "We will march to the Parliament on April 24 if the government fails to act on our demands".
Jain claimed that the strike was getting active support from their counterparts in states like Gujarat, Maharashtra and Rajasthan. "We are already in touch with them", he added.
Rajkumar Gupta of Prakash Namkeen, said that on a daily basis, we sell salted food items to the tune of 10-20 tons in Indore alone with a daily turnover of Rs 10 crore. This would be affected by the strike.
While the chemists are also with us, they have promised to keep their shutters down for a day keeping in view the urgency of the need of life saving drugs, said Gupta.
Hotels in the city are learnt to have stopped fresh bookings of guests for the next three days. Only those who had booked for advanced stay will be able to stay in the hotels, said a source.
The MP Food and Manufacturers & Retailers Association held a meeting at Gandhi Auditorium in Indore on Saturday evening in which several traders took part by staging slogans against the Act and spotting a black ribbon on their arms in protest against the law.
Meanwhile, a heavy rush was seen at the grocery shops as people have started stocking provisions.
Milk vendors also join
Milk and food retailers too have also joined the bandwagon by joining the strike. Ashish Patodi, executive member of Indore Milk Sellers' Federation, said that on an average a milk vendor is able to sell milk products to the tune of 100-200 litre per day. So, it is impossible for them to abide by the norms which requires them to produce safety certificate every now and then to the competent authorities. Again, it is quite difficult for us to appoint a consultant, who will be a science graduate and who will provide us certificate for the product. Tell me who will be ready to do such job after getting qualified? he asked.

'Corporation should not interfere'

KOCHI: In the wake of Kochi Corporation seizing stale food from various eateries in the city, Kerala Hotel and Restaurant Association (KHRA) has come out strongly against the civic body. “The Corporation is not authorised to check the food served in eateries. According to the Food Safety and Standards Act-2006, it is the duty of the food safety authorities. When there are food inspectors to do the job, the Corporation should not interfere,” said KHRA president G Sudhiesh Kumar. “Moreover, the Corporation does not have the equipment to test the food. If the Corporation authorities can spot ‘stale food’ just by looking at the food, then why do we need laboratories to conduct the tests? The only possible reason behind the Corporation’s action is that they want to levy fines from the restaurant owners,” added Sudhiesh.
Meanwhile, the District Medical Officer (DMO), who is also the District Health Officer, noted that the District Health Authorities conduct raids in the eateries in the panchayat areas while the corporation checks the restaurants within the city limits. “The health department of the corporation regularly keeps a tab on the conduct of the eateries in the city. Meanwhile, our health inspectors take care of the eateries in the outskirts of the city and in the panchayats,” said Dr R Sudhakaran, DMO. “As far as we know, the health department of the Corporation is authorised to conduct raids in the eateries,” added Dr Sudhakaran.

G.O FOR ENHANCED D.A

Mid-day meal incident: 120 discharged from hospitals

PUNE: Barring 12 children, 120 students of the municipal school at Janata Vasahat in Parvati, who suffered food poisoning on Saturday, were discharged on Sunday. A total of 132 students were admitted to different hospitals on Saturday after they complained of vomiting and nausea after they ate food served under the mid-day meal scheme.
"Children who are still in the hospital are likely to be discharged on Monday," said city health chief S T Pardeshi of the Pune Municipal Corporation (PMC).
The Poona Hospital had admitted 85 students. "Barring three students, all the 82 children were discharged on Sunday," said paediatrician Lalit Rawal of the Poona Hospital and Research Centre.
The three children who are still under observation at hospital are likely to be discharged early on Monday, Rawal added.
"Two of the three students vomited even after they were administered medicines. Hence, they have been kept under observation for extended period
. One student complained of nausea and vomiting on Sunday, hence he was admitted to the hospital. He will be discharged tomorrow," Rawal said.
Total 29 students were admitted to the Deenanath Mangeshkar Hospital and 18 to the Global Hospital.
Service provider didn't have FDA registration
The Sai Vyvasayik Gat, a self-help group that had been acting as a service provider to the civic-run school for mid-day meal, was found to be running the business without seeking the mandatory registration from the Food and Drug Administration (FDA).
"We are going to issue a notice to the Sai Vyvasayik Gat for not seeking the mandatory registration. A penalty up to Rs 2 lakh can be slapped for this violation under Food Safety and Standards Act, 2006," said Chandrashekhar Salunke, joint commissioner (food), FDA. Besides, a fine up to Rs 1 lakh can be separately imposed for not adhering to the hygiene standards laid down in the Act for preparing food.
"The idlis, which were served to students, were prepared in unhygienic conditions," Salunke said. According to inspection report, the food was prepared under a tin-shed in a congested 8x12 room, which had less ventilation.
The Pune Municipal Corporation (PMC) has suspended its contract with the Sai Vyvasayik Gat.

Specify contaminant level in water used for food: Panel

An expert committee on water constituted by the Food Safety and Standards Authority of India (FSSAI) has proposed that standards should specify the “maximum contaminant level acceptable for the water as an ingredient of food” and the adjacent column of “permissible limit” in the absence of “alternate source” to be deleted.

Also, with regard to the pesticide residues it has been suggested to prescribe limit of total pesticide residue of 0.0005 mg/lt as prescribed in packaged drinking water standards.

As per the FSS (licensing and registration of food business operators) Regulations, 2011, it is mandatory to provide analyst’s report of water to be used as an ingredient of food while applying for license to state/ Central licensing authority.

The expert group under the chairmanship of then CEO VN Gaur deliberated upon the Standards for Water used in Food during its manufacture, preparation or treatment.

It opined that the standards of water were drafted for the food business operators who had commercial interest and therefore it was their responsibility to source water from appropriate places and maintain the desired quality of the water.

In Table 2.2 of the draft the general parameters concerning substances undesirable in excessive
amounts the free residual chlorine mg/l max are given. It was suggested to be modified to 0.2 mg.

The expert group also suggested corrections to be made to the table 2.6 of the draft. Accordingly, for the bacteriological quality of water, the draft will now mention as below:
a. Enteric Viruses (Viz. Rota) – Shall not be detectable in any 100 ml sample
b. Protozoa (Viz. Entamoeba, Giardia, Cryptosporidium) – shall not be detectable in 10 litres of sample.

With the above suggested changes expert group recommended the draft standards for water as an ingredient of food may be placed before the scientific panel for food additives, flavourings, processing aides and materials in contact with food for further evaluation and recommendation.

Similarly the draft definition of “non-carbonated water-based beverages (non-alcoholic)” was critically examined by the expert group and suggested the following changes:

a. The definition of the non carbonated water based beverages should be categorised and revised as follows:

i) Water-based beverages with added fruits/vegetables, aromatic and herbal flavours: This includes fruit flavour ades, fruit juices/pulp/puree/concentrated fruit juices, herb-based drinks (e.g. Iced tea, fruit flavoured iced tea), lactic acid beverages (buttermilk), used as single ingredient or in combination but less than 10% of fruits/vegetable content and less than 5% of lime/lemon content. Or containing extracts, essences and /or aromatic substances of herbs, edible parts of plant (considering their safety factor regarding consumption) (e.g. seeds, leaves, bark, stems, roots etc.), natural or nature identical flavour concentrates not more than 0.05% used singly or in combination with or without added artificial sweeteners permitted under FSS Regulation (3.1.3).

ii) Water-based beverage with added micronutrient: This may contain added vitamins, electrolytes, minerals with or without permitted sweeteners, additives and may also contain ingredients mentioned in category i) to be used singly or in combination but not more than the limit prescribed for these ingredients in category i).

a. It was pointed out that safety aspect of the parts of plants used in water based beverages should be added in form of a foot note. A reference of the herbs which can be used and those which are permitted should be mentioned as foot note.
b. Experts opined that special reference should be given as a foot note for psychotropic substances like opium etc. derived from plants and herbs, which shall not be used in these water based beverages.
c. Good established practices for use of the flavours, extracts, their limit of addition etc. should be a part of the foot note. Additional information on existing practice of addition of flavours in the water based beverages and its quantity in percentage may be obtained from the manufacturer's association.
d. The expert group opined that necessary addition to be done in category 2 of water based beverages that herbal water should contain flavours of natural origin only.
e. The group suggested that the statement under provision 2.10.6, para 2 “shall not be packed, distributed or sold in returnable containers”, should be deleted .
f. It was asked to collect data regarding the use of natural/ nature identical flavours in water from European Union, USA, UK/CODEX.

Further, the expert group deliberated on the representation submitted by the packer of Natural Spring water under the brand Mulshi Spring. The expert group opined that the Natural spring water was obtained directly from natural sources springs artesian well, or from an underground water bearings strata for which all possible precaution needed to be taken within the protected perimeters to avoid any pollutions or external influence on the water quality. Spring water required to be collected under conditions, which guarantee the original natural bacteriological purity and chemical composition of essential components and need to be bottled at the point of emergence of the source under hygienic conditions. It was not subjected to any chemical treatment as such as pasteurization, ionization, or ozonation. Keeping in a view, risk associated with the natural spring water specific standard need to be laid down.

In light of the issues mentioned above and deliberations of the expert group on the same, Chairperson suggested that more information on natural spring water may be obtained from the applicant and standards prescribed for the natural spring water by the international agencies / countries (USA, UK, EU, Codex etc) may be obtained and specific standard to be drafted for the appropriate consideration and recommendation by the Expert Group / Scientific Panel.

Three-day bandh in MP from today

Food product makers, wholesale dealers and retailers, restaurant owners, supported by pulse processors across the state will observe a three-day bandh in protest against the Food Safety and Standards Act, 2011.
Calling the Act “anti-trade, anti-reform, which will encourage licence and inspector raj in the country,” all retail outlets and eating joints will remain closed for three days starting tomorrow (9th, 10th and 11th April), in protest of the Act.
Speaking to Business Standard, Ramesh Khandelwal, president of MP Food Products Nirmata Avam Vikreta Mahasangh, said, “They want us to prepare an audit report, obtain clearance from state pollution control board, get no-objection certificate from municipal corporation, medical certificates of workers, graduate technologist and a separate audit report made from milk. Is it possible? In a large economy like India, it is impractical. We will observe a three-day bandh from today across the state.” Meanwhile, dal processors association has also supported the protes. Association president Suresh Agrawal has termed the Bill against trade lobby and said it will encourage babus to extract bribe from retailers, small businessmen and manufacturers. “We will fully support the three-day bandh,” said Agrawal.
The traders are opposing separate licence for each enterprise, separate audit reports for various products. For example, the pulse processors are protesting the exemptions available on wholesale of 20 kg packages. They are also protesting the mandatory licencing for micro small entrepreneurs like those who specify grades for foodgrains like wheat.
More importantly, they have strongly opposed the Act for allowing district authorities to fine at their discretion. “This would trigger further corruption and would allow government machinery to harass the processors,” Agrawal said.
“This Bill,” Khandelwal said, “would encourage monopolistic approach of multinational companies and would finish small businessmen, hawkers , street vendors even those who are into wholesale business.” “We want food safety but not at the cost of our business government must improvise the bill in Indian context and revise it further,” he added.