Registration of food industries extended by six months

NAGPUR: The food security and standards department (FSSD) has extended the deadline for food industries and establishments for registered by another six months. As per the earlier order these industries and establishments had to get registered by August 4.

The national small shopkeepers' federation (NSSF) had appealed to central government to give an extension. This demand was supported by several other organizations.

Last year the central government had amended the Food Safety and Standards Act, 2006 and made the standards more stringent. It had become mandatory for the food sector to comply with the new standards. The industries and establishments had to complete the required formalities and then seek a fresh registration. A years' time had been given for this.

NSSF pointed out that it had faced a lot of difficulties in complying with the new standards. In the initial stages there was complete confusion among the members.

NSSF had claimed that there were several grey areas in the Act and some of the standards were difficult to comply with. The federation has demanded that until the act was changed government should not compel its members to get registered.

The federation had pointed out the food testing laboratories did not have proper equipments for testing. Hence, they should be upgraded first. It also claimed that FSSD had not create awareness among the businessmen and industries regarding the new standards.

Kill the bad bug not the hawker

The New Food Safety and Standards Act will kill the hawker, but not the bug

There are two kinds of Indians-those who eat and drink everything on offer, and those who don't. I'm not talking about religious taboos here but street food. I belong to the latter category. I was brought up to be cautious about what I ate off the street and continue to be so. And for good reason. I don't want to be knocked down by jaundice, typhoid, colitis or a new strain of stomach bug.
The brave ones who eat everything look down on us lily-livered types. They hold us in the highest contempt. What's the point of living in India if you don't sample the delights of street food? Why behave like a faux firang, constantly rubbing your hands with hand sanitiser? Eat. Live!
Well, I'm alive, even though I might have 'lived' a tad less than most. I've never had chuski-that crushed ice concoction dunked in fluorescent liquid. I've admired the pushcarts neatly lined with colourful bottles of syrup - red, yellow and green, but from a safe distance. I've never stood over a garbage bin and shoved paani-puri into my mouth. I've never had an orange bar from a dodgy ice-cream cart. I've never had a glass of the tenpaisa 'machine-ka-thanda paani'. I've never had freshly squeezed sugarcane juice from a thela. I've stayed away from buying 'open cut fruit' off the pavement. I don't eat street pork because I'm terrified of tapeworm. Remember the one who snaked its way all the way to Leander Paes' brain?
Legislation
There are those among us who bravely try everything but inevitably land up at the doctor's. There are those who eat indiscriminately and survive. In 1995, a friend of mine and I were headed back from Trivandrum to Delhi on the Kerala Express. It was a hot afternoon. The train made an unscheduled stop at a dusty nondescript station in Madhya Pradesh. A woman in rags with stringy brown hair appeared on the platform, carrying a pail of water and a mug. I watched on in horror and disbelief as my friend drank five glasses, at two rupees a pop. He lived to tell the tale. A few years later, I wasn't so lucky. On a trip back home from Oxford, I ate kebabs from the old part of town. Everyone else who ate it was fine. I had to be hospitalised.
Nowadays, though, I take my chances. Impending middle age has made me reckless. Just the other day, I was at my favourite nihari and brain curry place in Nizamuddin. I took a friend along for the experience. It's a working class joint, packed with Muslim men in skullcaps. It's the kind of place that always smells like a wet unwashed rag. Everything was going well until a train of cockroaches decided to walk across the Formica top. It looked like a family - big fat Father Cockroach leading the way, with missus and the little ones scurrying along behind. My friend stopped eating and went for a walk. I ordered another nihari. I was okay the next day. Just about.
We should be able to eat what we want without the fear of falling sick. That we live in Norflox Nation is hardly a matter of pride. This is an incontrovertible point. When guests come visiting from abroad, we shouldn't have to send them out with lists of culinary do's and don'ts. Our working class too, which practically lives off cheap dhaba food, deserves better.
The Food Safety and Standards Authority of India has come up with a new legislation that aims to fix just this - the levels of hygiene in eateries. The tough Food Safety and Standards Act (which applies to five stars and roadside stalls alike, and even includes temples serving 'prashad') will invite penalty and prosecution if, say, rats are found at restaurants, or if impure water is served. The deadline for compliance, which was August 4 earlier, has been extended by six months. A food safety licence is now a must for those dealing in any form of food business. This licence is in addition to existing licensing requirements from various government agencies.
On paper, tighter food safety regulations don't seem like a bad idea. For the moment, let's keep aside five star restaurants and fancy establishments. Let's presume that they are self-regulating and maintain high hygiene levels of their own accord. The scope of the bill is huge and encompasses much of the food chain. Let's keep that aside too. Let us concentrate only on how it affects the roadside vendor. In states like Kerala and Maharashtra, where local governments have already begun enforcing the law, it's the street vendor who has been affected the most. Hundreds of small restaurants have been ordered shut.
Reality
How fair and feasible is it to expect the street vendor to match the levels of hygiene achieved by bigger establishments? For one, there is the problem of location. Hawkers can control the quality of their food, but only to the extent their environment allows them. And who is responsible for the filthy environment they operate in? The MCD and other state actors. How fair is it then for these same MCD officials to come around and prosecute the hapless hawker?
The average Indian street is dirty. It has cows, bulls, buffaloes, dogs, pigs and horses. There are mounds of dung everywhere, and piles of unswept, stinking garbage. Even one shower leads to water logging; there are stagnant pools of water. If you've ever been to the old ISBT, you'd have noticed the sheets of flies billowing in and out of the bus shelters and waiting rooms. This is the environment in which the hawker peddles his wares. How hygienic can he be?
And how evenhanded is it to expect the hawker to serve clean water when often the drinking water supplied by the municipality has traces of sewage in it, especially during the monsoon?
The hawker has to be close to the people he serves. You'd be destroying his livelihood if you move him out of the street into a sanitised 'designated zone'. He needs to be in a street where it's convenient for his customers.
Enforcement
Then there's the issue of harassment by the authorities. Every new law gives them a stick to beat the poor with. Some years ago, I was in a Bombay Irani restaurant owned by a wellknown film critic. Two dour-looking men arrived and the owner went into a huddle with them at the back of the café. They left soon after. When I asked the owner what'd happened, he said that they were food inspectors come for their monthly bribe. The new law will encourage more of it.
In his piece 'On Washing Hands', the New Yorker writer Atul Gawande writes that most illnesses can be prevented by the simple act of washing one's hands. Bacterial counts on the hands range from 5,000 to 5 million colony-forming units per square centimetre. Deep skin crevices trap 10 to 20 per cent of the flora, making removal difficult, even with scrubbing. How will the enforcers of this law ensure that the hawker washes his hand regularly? Will they carry gadgets capable of measuring the bacterial count on a palm in an instant?
We'd all like to eat out without worrying about the state of our stomachs the next day. I doubt though that the answer to this lies in overregulation, and expanding the existing legal and bureaucratic framework. This will kill the hawker, but not the bug.

Read more at: http://indiatoday.intoday.in/story/kill-the-bad-bug-not-the-hawker/1/210821.html

Street food set to choke on new licence raj

 

Unlicensed food businesses will become “illegal” after August 4, according to the Food Safety and Standards Authority of India (FSSAI)

 

Come August 4, and street food may get a little hard to find in the capital. That’s when the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011 come into effect after a year’s delay. All tea stalls, dhabas, fruit and vegetable sellers, grocery shops, milk vendors, canteens, caterers, restaurants, hotels, food processors will have to obtain a new food safety licence by August 4. Even trucks and other vehicles engaged in transporting food will have to obtain licences. Unlicensed food businesses will become “illegal” after August 4, according to the Food Safety and Standards Authority of India (FSSAI).
“The regulation is in place to ensure that the food being served meets the minimum standards of hygiene and safety. The regulations were formulated by the FSSAI under the Ministry of Health and Family Welfare. Every outlet needs to obtain a licence and maintain a certain level of hygiene,” said a senior FSSAI official.
He added: “There are many parameters in starting a food business, and people have to be made aware of these and clarifications with respect to the online and manual licensing and registration system. Getting their businesses registered is the need of the hour as quality and standard of food being served can be monitored, even for a ‘chaiwala’.”
After August 4, raids will be conducted and outlets found not having the licence or not registered will be shut down till they apply and ensure proper hygiene. Fines could be imposed too. For getting these licences, the stall owner needs to apply to the registration authority that will carry out an inspection and then issue a licence that needs to be renewed every year. Identity cards will be issued with the new licences.
FSSAI officials the new regulations will benefit small businesses for they can attract more customers by displaying identity cards. “The customers would be assured of hygienic products, even if the stall is small,” the official added.
Several eating joints in the city remain unaware of impending doom. Others say they don’t know the procedure of getting their stalls registered. “It is a very bad idea. By putting these stalls we are able to earn our living. Now getting them registered will cost us some thousands. Where will be get this money from?” says Amrit Singh, who runs a chola-kulcha stall near Maharani Bagh.

Limited food testing facilities a bane

Drive against stale food is full of legal loopholes

The drive against contaminated food under the new food safety regime is riddled with legal loopholes and handicapped by the lack of full-fledged, government-run, accredited laboratory to test the samples.

Results of tests done in laboratories not accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABL) would not stand scrutiny in a court of law, said N. Anandavalli, member, Technical Committee, National Food Safety and Standards Authority of India.

Private labs

She told The Hindu on Thursday that though there were a few accredited private sector laboratories in the State, there was a limit to the government using their services for works in the key area of food safety. However, work is on to get the government analytical laboratories in Kozhikode, Kochi, and Thiruvananthapuram accredited. But she said it was a difficult work, given the condition of the labs in Kochi and Kozhikode.

Dr. Anandavalli, a consultant to the State government and member of the accreditation committee of NABL, said it would take at least a year, if the government started in right earnest now, to get the labs working properly.

Director of the Council for Food Research and Development, Konni, M.K. Mukundan pointed to the inadequacy of state-of-the-art laboratory facilities in the State.

The CFRD could test food samples across the State if the government supported it financially. Carrying out tests, even the simple ones, was costly. The basic micro-biological analysis and analysis for chemical parameters would cost up to Rs.1,000 a sample.

Basic need

Dr. Mukundan pointed out the need to test samples at least from 10 per cent of the hotels and restaurants in the State to get a clear picture of the state of food safety.

Food samples collected from different parts were periodically tested at the Konni laboratory.

However, these were random efforts and more concerted efforts were needed to ensure that the food served in our restaurants was safe.

He said that the CFRD laboratory had recently added a chemical analysis section to its laboratory, which has accreditation from NABL for micro-biological analyses.

The accredited, government-owned labs in the State are the one in Vellayani, near Thiruvananthapuram, under the Kerala Agricultural University, which tests samples for pesticide residues.

Another is under the Central Institute of Fisheries Technology, a referral lab in the country and one of the best in South India.

Cashew Export Promotion Council’s laboratory in Kollam is one of the best and oldest in the State. Though the State government has enlisted the services of these laboratories, institutions under which they operate face a shortage of manpower.

---

Efforts on to get accreditation for 3 public labs

CFRD ready to test samples across Kerala

DINAMALAR NEWS

FSSA move welcomed

The Tamil Nadu Chamber of Commerce and Industry has welcomed the move by Food Safety and Standards Authority of India (FSSA) to extend the date for registration and licensing.
In a statement, chamber president S. Rethinavelu said that the FSSA has extended by six months the last date for registering and obtaining licence by food business operators. As a result, businesses have time till February 4, 2013 instead of the earlier deadline of August 5 this year. Obtaining licences and registration had been made mandatory for all those engaged in food-related industry under the Food Safety and Standards Act, which replaced the Prevention of Food Adulteration Act.

Gutka-makers move high court, challenge ban

MUMBAI: Gutka manufacturers have moved Bombay high court to challenge the state government's ban on gutka and paan masala. Around half a dozen petitions will come up before the HC on Monday , questioning the constitutional validity of the barely 10-day old notification issued by the government.

The petitions insist gutka cannot be treated and regulated as "food" as it has "no nutritional value" and highlight the "discriminatory nature" of the ban that has brought their business to a "complete halt".

Dhariwal Industries and Ghodawat Pan Masala Products , two flavoured-tobacco majors in the state , are among the petitioners. They want the July 19 notification and the two regulations under the Food Safety and Standards Act of 2006 , based on which the state issued the ban , set aside as unconstitutional and contrary to a 2004 Supreme Court judgment which ruled against a similar ban. The manufacturers also want the court to order the state to stop raiding their vendors as an interim measure. "Areca nut growersdepend on the gutka and paan masala industry and the ban will cause severe harm to farmers," they argued.

Maharashtra issued the ban under the Food Safety and Standards Act on the grounds that presence of magnesium carbonate in paan masala containing tobacco is injurious to health. The manufacturers' main argument appears to be that the "state exercising delegated powersunder theFSS Act 2006, which is a general Act, can't prohibit the mixture of tobacco with paan masala when there exists a special central law, the Tobacco Act of 2003, to deal with tobacco products." Gutka should be treated as a tobacco product and not food merely because it is consumed orally, they say, but add it has only 6% tobacco. "Food connotes to all that is eaten for taste and nourishment but not for intoxication or pleasure ... gutka is consumed for pleasure," says a petition.

They say the ban is discriminatory as "magnesium carbonate has been permitted in table salt, onion powder, garlic powder, fruit powder, soup powder, bubblegum, chewing gum, instant mixes, etc." The manufacturers also complained that the "pure or raw tobacco industry has been exempted".

Profit vs public health?

The manufacturers' arguments

All items consumed orally are not "food", for instance medicine and narcotics, the petition says, pointing out special laws that regulate these drugs

Gutka is a tobacco product and must be governed only by the Tobacco Act, not the Food Safety and Standards Act

Past attempts to ban gutka

The state issued bans in 2002 and then in 2008, but encountered legal roadblocks

In 2010 the state government banned sale of gutka within 100 meters of educational institutions

The present ban is under the Food Safety and Standards Act brought into effect last year

Ban in other states

Kerala, Madhya Pradesh, Goa and Bihar have already banned the sale of gutka

Rule relied on by the govt to notify the ban

Regulation 2.3.4 of the Food Safety Standards Prohibition and Restrictions on Sales) Regulations, 2011 prohibits sale of products that contain any substance injurious to health and prohibits tobacco and nicotine as ingredients in any food products Regulation 3.1.7 of the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, restricts use of anticaking agents like carbonates of calcium and magnesium in foods except where specifically allowed like in table salt, onion powder, fruit powder and soup powder, but not more than 2%.

Steps to check transportation of adulterated milk

Housing Minister and Leader of the Legislative Council V. Somanna on Friday told the House that a meeting of officials from the Karnataka Milk Federation, Bruhat Bangalore Mahanagara Palike, Police and Food Departments would be convened soon to decide the ways and means of checking the transportation of adulterated milk from other States, especially Erode in Tamil Nadu, to Bangalore.
Responding to the concern expressed by members that highly adulterated milk, which was akin to poison, was being transported from Erode to Bangalore every day, Mr. Somanna said a decision on effectively tackling this menace would be taken in a week.
Earlier, Health Minister Arvind Limbavali told the House that 7.35 lakh litres of milk was being transported from other States to Bangalore everyday. This included 6.50 lakh litres of packaged milk being sold by private companies.

Probe sought

The Opposition members in the Legislative Council on Friday demanded that the government order an inquiry into the alleged irregularities in the affairs of the Sports Authority of Karnataka in the last three years.
Tabling a call-attention notice in this regard, Congress member K. Govindaraju alleged that the interests of athletes and sports personalities had been completely ignored by the authority.
He alleged that there were instances where bills had been claimed for a 50-feet swimming pool though only 23-feet-long pool had been built. Similarly, bribes equivalent of 50 per cent of the prize money were being collected for giving sports awards including the prestigious Ekalavya award, Mr. Govindaraju alleged.
Responding to this, newly appointed Sports Minister Appachu Ranjan said he was ready to order a comprehensive inquiry if specific instances of irregularities were brought to his notice in writing.

Deadline extended

Health Minister Arvind Limbavali on Friday announced in the Legislative Council that the Food Safety and Standards Authority of India had extended the deadline for the traders of food items to register themselves and get license for their business by six months. Earlier, this deadline was supposed to end on August 5, 2012.
He said the deadline had been extended as huge number of applications seeking registration and license were pending with the authority.

FDA seizes gutkha, pan masala worth Rs 5 lakh

A joint team comprising sleuths of the district Food and Administration (FDA) and Crime Branch today raided a godown here and seized gutkha and pan masala worth Rs 5 lakh.
Eight gunny bags containing the banned products (gutkha and pan masala) were seized from the godown of Arco Roadlines Transport, located near Belora airport, police sub-inspector Yerme told reporters.
"We are trying to identify persons from whom the consignment was meant to," he said, adding the haul was delivered on July 5 and July 17 from a Mumbai-based trader and one Ali Javed from Nagpur.
 Maharashtra government has imposed a ban on sale, manufacture, storage and distribution of gutkha and pan masala in the state which came into effect from July 20.
On a tip-off, police swung into action late last night and reached the godown, but could not gain access inside as it was locked, Yerme said, adding the police could enter inside it at around 10 AM when the staffers there rolled up the shutters.
While 'Pan Parag' was found stashed in five gunny bags, three bags were found stuffed with 'Dhamal' gutkha.
FDA official Wani, who also participated in the raid, said altogether 32 cartoons were recovered from the godown.
The cost of the seizure is pegged at Rs 5 lakh, he said.
An offence has been registered under section 30/2 of Food and Drugs Act 2006.

HC stays certain sections of FSS Rules

Madras High Court today stayed certain provisions of the Food Safety and Standards Rule 2011 on a petition which contended that it offered a 'red carpet welcome' to multinational companies and endangered the existence of local merchants.
Granting the stay, Justice K.Venkataraman also recorded the submission made by central government counsel D.Nallathambi that he was taking notice on behalf of the Union Health and Family Welfare Secretary.
The stay related to provisions including sec 3(adulterant) and 3(1)(Misbrand).
Petitioner, Nellai Merchants Association Secretary M Panneerselvam, contended that the the FSS Act was 'draconian' in nature as the conditions laid down under it were virtually impossible to implement and would result in endangering the existence of the local merchants.
"It offered red carpet welcome to multi-national companies who had high tech production capacity, huge investment and indulge in unethical competition," he submitted.
Also, no distinction was made between adulterated, sub-standard and mis-branded food items under the 14 provisions of the act. Misbranded food product cannot be said to be adulterated and vice versa.
He wondered how the traders were liable to be punished for sub-standard food product for which only the manufacturer was responsible.
Under FSS rules, there were a lot of foods for which no standards had been prescribed. Similarly the manufacturers had been asked to provide various details with respect to ingredients. If food substance is tested in two different labs, using different methods,the results would be different, and the manufacturers would be punished for no fault of them.
The petitioner said such provisions were "unconstitutional, arbitrary, and illegal" and prayed that the court should declare them illegal.
He also sought interim injunction to such provisions relating to misbranding and nutritional information among others.

Pan masala sale soars along Kerala-Karnataka border areas

Kalpetta: The petty shops selling smokeless tobacco products along the Kerala-Karnataka border near here are reaping a windfall on account of the ban imposed by the state government on the sale of pan masala and its variants containing tobacco and nicotine. The customers from the state allege that on certain brands of products, the shops charge more than ten-folds of the original price after the ban. One packet of Hans (a scented chewing tobacco brand), weighing 12 gm, which was being sold for Rs 3 per packet before the ban, is being sold for Rs 30 now.
Though the customers say that the shop owners in towns like Kutta and Bairakuppa near the Wayanad border charge ‘dizzying’ rates, they just cannot resist the impulse. “They charge huge rates. When we complain, they arrogantly say that they are not forcing us to buy,” said Rajkumar, a daily labourer. However, he admits that he often makes up for the loss by smuggling. “Sometimes I buy 10 to 15 packets and sell them among my friends, charging Rs 10 per packet. But, there are frequent surprise checking by the Excise personnel nowadays,” Rajkumar said.
According to the Excise Department officials, the ban imposed from May 22 in the state has increased the smuggling of such chewable products across the border from Karnataka into the district. After the imposition of the ban, large quantities of tobacco products were being frequently seized at the three border check-posts in Bavali, Tholpetty and Muthanga. “It has become a fresh headache for us. This week we seized 2,700 packets of madhu and 330 packets of hans from two persons during our regular inspection.

Both of them were handed over to the police to register a case,” said an official at the Excise Checkpost, Tholpetty, near the Karnataka border. “If the quantity is insignificant, we seize the stuff and destroy it in front of the offender,” the official said. “A case against the proposed ban is still pending in the court. Stringent measures will be initiated if the court upholds a ruling in favour of the ban,” said state Food Safety Commissioner Biju Prabhakar.
The scenario is almost similar to that of 1996, when arrack was banned in the state by the then A K Antony government, said Anil Kumar who runs a hotel near the checkpost in Tholpetty. “At least 10 new petty shops have cropped up on the other side of the border soon after the announcement of the ban. Being a remote border town, the authorities in Karnakata are not bothered to conduct inspections there,” said Anil Kumar.

DINAKARAN NEWS

More time for food joints

The state government has extended the last date for registering firms with concerned registering authorities for outlets and vendors who sell food products for six months, Karnataka Health and Family Welfare Minister Aravinda Limbavali told Karnataka Legislative Council on Friday.
 Replying to a notice issued by the BJP legislator Shashil Namoshi during Zero Hour in the House, the minister announced that the last date for registering firms under the Food Safety and Standard Act 2006 has been extended for six months.
 According to him, the Indian Food Safety and Standard Authority taking into consideration the large number of applications seeking registration under the Act and license to sell food products has issued a circular on the matter.
 As per the circular, the vendors can now register their firms any day between August 5 to February 5, 2013.
 Limbavali said that the Food Safety and Standard Act 2006, which has been implemented in the entire country it is mandatory that firms and business houses which sell food products, including readymade food has to register with the concerned registering authorities under the Act.
 He said that the state government in compliance with the Central Act has constituted registering authorities in all taluks and districts in the state.
 The Food Safety Officer at taluk, district and city corporations are empowered to issue licenses to vendors according to the specifications of the Act.
 Till now, over 12,000 firms have been registered and another 3,500 licenses have been issued.

State acts to curb spurious milk supply

The Karnataka government will crack down on bulk supply of adulterated and spurious milk from neighbouring Tamil Nadu and Andhra Pradesh, within a week.
House leader V. Somanna on Friday assured the Legislative Council that the government will hold a high-level meeting of officials from Karnataka Milk Federation, departments of Health, Food and Civil Supplies, police and Urban Development discuss steps to prevent the supply and sale of lakhs of litres of cheaper milk, which is also of inferior quality.
Earlier, Health and Family Welfare minister Arvind Limbavali informed the House that every day, 7.35 lakh litres of milk is supplied to Bengaluru from other states, of which 6.5 lakh litres is packed milk and the remaining is sold loose.
“The Food Safety and Standards Act, 2006, and its Rules, are in force to check adulteration. We are collecting food samples, including milk, for testing and in case of adulteration, poor quality or misbranding, cases are being booked. We are in the process of appointing 612 food inspectors to strengthen the department,” said Mr Limbavali.
Council member Mr M.C. Nanaiah suggested that co-ordinated efforts by all departments could put an end to milk adulteration in the city. “The KMF produces 41 lakh litres of milk every day, but nearly 11 lakh litres remains unutilized. The milk coming in from other states is a health hazard,” he warned.
On March 26, Kalasipalya police seized 10,000 litres of spurious milk being sold in South Bengaluru.
Hanumanthanagar corporator K. Chandrashekar had said in the council that milk adulterated with chemicals is brought from Erode and sold in South Bengaluru.
Following this, BBMP had slapped a show-cause notice on the Chief Health Officer (CHO) Dr K.E. Manjula and suspended four food inspectors - Naganna, Mallikarjun, Udaykumar and Ataulla Khan - on charges of dereliction of duty. Tight vigil is being maintained against sale of spurious milk, said sources in the BBMP

Govt admits to sale of adulterated milk in City

The government on Friday admitted it was aware of adulterated, contaminated or misbranded milk being sold in Bangalore City.

Health and Family Welfare Minister Aravind Limbavali, replying to a query by MLC M Srinivas (JD-S) in the Legislative Council, said that 7.35 lakh litres of milk was being supplied to Bangalore from outside the State. Of this, about 6.50 lakh litres is packet milk from private companies and 0.85 lakh litres is sold loose.
He said tests (as prescribed under the Food and Safety Standards Act, 2006) conducted by his department had revealed that milk, milk-based products and bottled water were contaminated, adulterated, unsafe, misbranded and of substandard quality.

Srinivas alleged that substandard milk from other states was being sold in Karnataka for last one decade and the government did not do anything about it.

According to Limbavali, on March 26, around 10,000 litres of milk was seized from four Tamil Nadu lorries at Kalasipalyam.

Tests showed the milk was adulterated.  Of the 35 samples taken from across the State in 2012, two samples were adulterated and one was misbranded.

Poor Response To FSSA Registration

Government may have to extend August 5 deadline,  as traders unhappy with  controversial Act.


The Union governments’ efforts to get Wholesalers and retailers to sign up for the Food Safety and Standard Act (FSSA) 2006, which deals with the manufacturing, processing and sales of all eatable items, have met with little success. As the deadline of August 5 is fast approaching only 50% of the country’s traders have opted for the convergence and done their registration under the new guidelines so far as per the data given by the various trade associations.

 According to The Confederation of All India Traders (CAIT), most of the retail/wholesale traders are not happy with the controversial Food Safety and Standard Act (FSSA) 2006 which not only increase the burden for the traders but gives ample power to the government officials, including the suspension of the license.

FSSA, 2006 is an Act to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India. The Act was needed to bring out a single statutory body for food laws, standards setting and enforcement so that there is no confusion in the minds of consumers, traders, manufacturers and investors which was due to multiplicity of food laws. The mandate assigned to the Food Authority is 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.

According to Devendera Thakker, spokesman, Mumbai Mewawala Traders Association.(MMT) the FSSA 2006 is copied from the Western-world which have a different lifestyle, excellent weathers, and quality infrastructural facilities compared to India. “Actually in India we have humid conditions and poor infrastructure along with mixed lifestyle and hence the FSSA 2006 has no relevance here,” he said. 

Thakker pointed out that the wholesale –retail traders of Maharashtra are already under pressure due to various taxation-governmental departments which including Gumaasta-Shop Establishment, Maharashtra Sales tax,  ESIC, VAT, Income Tax, Octroi, APMC, Local Police,  Weight and Measures and Food Safety Act. “The new act will only add the cumbersome process for the traders,” he added.

“Such lengthy process can be easily implemented by the organized sector as well as Fast Moving Consumer Goods Manufacturers (FMCG) multinationals as they have both monetary powers as well as sufficient staff to handle them,” he added further.

“There is no scientific basis for the implementation of the Act, its rules and regulations. Moreover, we are afraid of implementing it - that is where the problem lies. The regulatory approach is wrong, and from the stakeholders’ point of view, it would not be incorrect to say that it isn’t awareness or education, but sensitization which is an absolute must. The law is draconian, and could promote more corruption than there is now,” he said.

Thakker said that The Mumbai Mewawala Traders Association, has already filed a writ petition against   the Food Safety and Standards Authority of India (FSSAI)  in the Mumbai High Court, demanding withdrawal of Food Safety and Standard Act, 2006, which is likely to come up for the hearing during the first week of August.

However, going by the slow rate of convergence and poor response from the retail traders, it is learnt that the Union government is going to extend the deadline by at least six months from 5th August 2012.

DINAMALAR NEWS

DINAKARAN NEWS

Panel approves new global food safety measures

 

The Codex Alimentarius Commission, jointly run by the UN Food and Agriculture Organization and the World Health Organization, for food safety, has recently agreed on a new set of regulations -- including the maximum level of melamine in the liquid milk formula for babies -- to protect the health of consumers across the world.

Other measures adopted include new food safety standards on seafood, melons, dried figs, nuts and spices and food labelling.

The Commission has now reduced the maximum limit of melamine to 0.15mg/kg in liquid infant milk.

Two years earlier, it had  adopted a maximum melamine level of one mg/kg for powdered infant formula and of 2.5 mg/kg for other foods and animal feed.

Melamine can be lethal at high concentrations and has been used illegally to increase the apparent protein content in food products, including infant formula and milk powder.

Milk tainted with melamine has caused death and illness in infants.

Aflatoxins, a group of mycotoxins produced by moulds, are toxic and known to be carcinogenic.

They can be found in a variety of products such as dried fruits, nuts, spices and cereals at high levels if the produce is not stored properly.

The Commission has now agreed on a safe maximum limit of 10 micrograms/kg.

This limit will be crucial to the export sector of India [ Images ], as the country is a leading exporter of nuts and spices.

The Commission also said an emerging public health issue relates to the increased popularity of pre-cut melon slices. Exposed pulp of the fruit can become a breeding ground for bacteria.

This has been linked to life-threatening salmonella and listeria outbreaks.

In India, water melon slices are widely sold by street vendors across the country, especially in the summer.

The Commission says pre-cut melons should be wrapped or packaged and refrigerated as soon as possible and distributed at temperatures of four degrees Celsius or less.

Cooling and cold-storing was recommended as soon as possible after harvest, while knife blades used for cutting or peeling should be disinfected on a regular basis.

It had also agreed on a set of residue limits for ractopamine, the veterinary drug, in animal tissues. Ractopamine is a growth promoter and also keeps pigs lean.

It has adopted maximum residue limits for the amount of the drug allowed in the tissues of pigs and cattle.

Seafood

The Commission also adopted a set of preventive hygiene measures aimed at controlling food-borne viruses, especially in seafood items.

Viruses are generally more resistant than bacteria and those transmitted by the faecal-oral route can persist for months in bivalve molluscs, soil, water and sediments.

They can survive freezing, refrigeration, ultraviolet radiation and disinfection but are sensitive to heat.

Common food-borne viral diseases are caused by the hepatitis A virus and norovirus.

The Commission noted the main hazard for the production of molluscs, such as oysters and mussels, was the biological contamination of the waters in which they grow.

It is, therefore, important to ensure the seawater quality of growing areas, the Commission noted.

When there is a likelihood or evidence of viral contamination, closure of the area, destruction of contaminated molluscs and/or heat treatment before consumption of already harvested molluscs are recommended.

The commission sets international food safety and quality standards, to promote safer and more nutritious food for consumers worldwide and ensure fair practices in the food trade.

It has 185 member-countries.

Extension of Proviso to regulation 1.1.2 of Food Safety and Standards (Food Products Standards and Food Additives) Regulation 2011

Hoteliers told to be wary of cheats

Licence for food business operators

The Commissioner of Food Safety has asked food business operators/restaurant owners not to be duped by any individual or organisation who might be collecting huge amounts as service charge or office expenses for the mandatory licence/registration that food business operators (FBOs) have to apply for, under the Food Safety and Standards Act 2006.

The registration fee for small and medium FBOs with an annual turnover of less than Rs.12 lakh is Rs.100 only. The application form for the registration process is available free of cost at the Respective Food Safety Offices in districts.

A licence is mandatory for FBOs, food manufacturing units that have an annual turnover of above Rs. 12 lakh, under the FSS Act. The licence fee ranges from Rs. 2,000 to Rs. 7,500 for various grades, which has been clearly notified in the FSS Licensing Regulation.

The licence and registration fee has to be remitted in the government treasury. However, the Office of the Food Safety Commissioner has been receiving complaints about traders being duped by individuals or organisations in the name of service charge.

Complaints regarding this should be intimated to the respective district food safety officers. In case action has not been taken, complaints can be made at the Office of the Commissioner of Food Safety on the toll free line, 1800 425 1125 .

Details regarding licence or registration are available atwww.fssai.gov.inorwww.foodsafetykerala.gov.in

All food business operators should ensure the legality of their trade by applying for the licence/registration before August 5, the Commissioner of Food Safety has informed.

Seven more eateries served closure notice

Seven more eateries which were functioning in unhygienic conditions were ordered closed by food safety officials in raids conducted across the State on Thursday.

Special squads deputed by the Commissioner of Food Safety inspected hotels in Kasaragod, Kannur, Thrissur and Kottayam districts . Hotel Anand, Uduma; Hotel Sreesastha, Kuttikulam; Hotel Arabian Food Corner , Uppala bus stand, Hotel New Lucky, Uppala, all in Kasaragod district, and Hotel Bharath Thriprayar; Hotel Kavitha, Pala bus stand; both in Kottayam, were issued closure notices.

Of the 92 eateries and hotels inspected, improvement notices were served on 51 establishments and fine of Rs.2,27,500 was slapped on several hotel owners.

Food safety officials had to stop work in between after a group of traders attacked the officials while they were inspecting Hotel Thirubhavan, at Uppala bus stand in Kasaragod. Officials have filed a case with the Kumbala police station in this regard.

Obstructing or preventing food safety officials while on duty is a criminal offence which can earn up to three months rigorous imprisonment and up to Rs. 1 lakh fine, under S. 62 of the Food Safety and Standards Act 2006 . Food safety officials have been given direction to file cases under S. 62 whenever they are prevented from discharging their duty.

Government delays implementation of Food Safety law by 6 months

MUMBAI: The implementation of a legislation that would have shuttered thousands of eateries across the nation and put millions at the mercy of government staff has been postponed by six months, bringing temporary relief to hoteliers.

The Food Safety and Standards Authority of India, or FSSAI, has extended the time period given to so-called food business operators to comply with tough Food Safety and Standards Act to February 5, 2013, from August 4, 2012, due to protests.

The implementation of the new rules, including penalty and prosecution if rats are found at restaurants, serving of pure water and mandated labelling of products, would strain owners when the basic responsibility for most of these lies with the municipal administration.

These proposals don't distinguish between fivestar hotels and a road-side food stall when it comes to proposals in the name of safety standards. "This extension is just a temporary relief, and the horror of unpractical and harsh provisions shall be back to haunt from February," said Tejinder Singh Renu, secretary, Vidarbha Taxpayers Association (VTA).

"The Act uses the same parameter for a five-star hotel and a road-side vendor thus failing to strike a balance in implementation. Without studying the Indian market, agriculture and other parameters, the Act has been enacted in haste."

The FSSA 2006 was implemented on August 5 last year with the objective to bring out a sciencebased uniform food law in the country that repealed several other laws and brought the food industry under one umbrella. The Act brings all food traders, right from street food vendors, dabbawallas, food transporters to hoteliers under it.

The Mumbai Mewa Masala Merchant's Association has filed a petition in the Bombay High Court against the Act, which comes up for hearing on August 2. "For any small business operator, the provisions are impractical to adhere to," says Lakshmidas Bhai, Lakshmidas Thakker of the Mumbai Mewa Masala Merchant's Association.

"The clauses are drafted without taking realities of food business units in India. A penalty being imposed in the case of a rat being found in the premises of a food business unit is a case in point.

FSSAI gives in, extends licensing deadline by six months; FBOs relieved

Responding favourably to various representations from all over the country, the Food Safety and Standards Authority of India (FSSAI) has granted food business operators (FBOs) a six-month extension to the August 5, 2012, deadline for complying with the licensing and registration rules laid down by the Food Safety and Standards Regulations (FSSA), 2011.

While there is jubilation over the move in the industry. Prabodh Halde, VP, Association of Food Scientists and Technologists (India), Mumbai chapter, said, “It is a welcome move. All food business operators will now be on their toes. When there was nothing, we got a year's extension, and when things didn't really progress along expected lines, we have to accept this six-month extension and hurry.”

D V Malhan, executive secretary, All India Food Processors' Association (AIFPA), agreed with Halde. Calling it a step in the right direction, he said, “There are teething troubles, but the job will have to be done. If the objectives are not met by February, we will take a call on a further extension. FBOs and the government will have to trust and cooperate with each other.”

“The last date for renewal of licenses/registration under the Food Safety & Standards Act, 2006, has been extended by six months with effect from 5th August, 2012,” informed Praveen Khandelwal, secretary-general, Confederation of All India Traders (CAIT). “The date has been extended by the Food Safety & Standards Authority of India, the Competent Authority,” he added.

Khandelwal added that the Food Safety & Standard Act was notified on August 5, 2011, by the Central government.

Other reactions
In a statement via e-mail, R Kaleeswaran, honorary secretary, Karaikudi Bakery Owners' Association, said, “It is good news for all FBOs. We now have until February 4, 2013, to register or obtain licences. However, we (KBOA) will continue to fight the FSSA till the battle ends.”

The Vidarbha Taxpayers' Association (VTA) had sent prime minister Manmohan Singh; agriculture and food processing minister Sharad Pawar; health minister Ghulam Nabi Azad; FSSAI chairman K Chandramouli; and Maharashtra Food and Drug Administration commissioner Mahesh Zagade; a memorandum requesting them to extend the deadline by at least a year.

Tejinder Singh Renu, secretary, VTA, said, “The six-month extension is a temporary relief, but the horror of impractical and harsh provisions will return to haunt the FBOs after February 5, 2013. So the fight for amendments to the rules should continue, so that small- and medium-sized FBOs don't suffer. Unfortunately they may be compelled to resort to corruption.”

However, not all were gung-ho about this decision by the country's apex food regulator. Ashwini Malhotra, executive director, Weikfield Products Co (India) Pvt. Ltd, said, “To ensure that it is implemented properly, they have to make sure the infrastructure issues are addressed. For instance, systems have to be put in place, and the right people have to be appointed to do the job. Or else, it'll keep extending, and the objective won't be achieved.”

Vijay Prakash Jain, secretary-general, Bharatiya Udyog Vyapar Mandal (BUVM), Delhi, said, “The six-month extension is not for everyone; it is only for those food business operators who haven't registered or obtained a licence under the FSSA, 2006. As for our agitation against the contentious provisions, it is poised for a fight to the finish.”

Statutory advisory
The Food Safety and Standards Authority of India (FSSAI) recently issued a statutory advisory titled, “Extending time period for seeking conversion/renewal of existing licences/registrations granted under the repealed Orders by FBOs” and signed by S S Ghonkrokta, director, enforcement, FSSAI.

It said, “As per the provisions given under Clause 2.1.2 of Licensing/Registration of Food Businesses Regulation, 2011, the food business operator has to apply for conversion/renewal of registration/licence within one year from the date of notification. This time period was to expire on August 4, 2012.”

“The approval of the Competent Authority is hereby conveyed for extending the time period granted to food business operators seeking conversion/renewal of licences by another six months with effect from August 5, 2012,” the advisory stated.

FBO definition
The term food business operators includes any undertaking whether for profit or not and whether public or private, carrying out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, sale of food or food ingredients. All such business establishments are required to obtain registration under the new Act.

Tea sector gears up for food act

The Food Safety and Standards Act, 2011, has dictated tough terms for all industries associated with the food and beverages sectors, including the tea industry

Safety first Guwahati, : A legislation that came into force last year has forced the tea industry to conform to international norms, while keeping its focus on product quality intact. The law — Food Safety and Standards Act — that came into force from August 5, 2011, dictates that all food establishments and manufacturing units have to either procure licence or get these registered with the Food Safety and Standards Authority of India (FSSAI) before August 4 in accordance with their turnover. To prepare organisations associated with the tea industry to face the upcoming challenges of the act, Tea Board, in association with CII Food and Agriculture Centre of Excellence, organised awareness programmes at Jorhat on June 27 and at Golaghat on June 28. The idea behind the events was to ensure that all the stakeholders understood FSSAI regulations while maintaining quality and food safety standards in their products. About 75 tea estates and bought leaf factories participated in the events. The event provided an insight was also provided into the critical steps to food safety — a set of guidelines issued by the ministry of health and family welfare through the act for all organisations managing food and beverage operations to ensure implement good hygiene and good manufacturing practices. The guidelines state that no tea shall contain any additive or processing aid unless it is in accordance with the provisions of the act and regulations made there under, and no tea shall contain any contaminant, naturally occurring toxic substances or toxins or heavy metals in excess of quantities as may be specified by regulations. On pesticides, it says that no tea shall contain insecticides or pesticide residues, solvent residues, pharmacologically active substances and microbiological counts in excess of limits specified by regulations. No insecticide shall be used directly on tea leaves except fumigants registered and approved under the Insecticides Act, 1968. On the presence of chemicals, it says that pesticides, insecticides, herbicides, fungicides, weedicides, microbials should be used in the gardens in accordance with the approved list and be sprayed in accordance with the recommended dosage recommended by Tea Research Association and United Planters’ Association of Southern India. One of the provisions says flavoured tea shall be sold or offered for sale only by those manufacturers who are registered with Tea Board. Registration number should also be mentioned on the label. It shall be sold only in packed conditions with label declaration as provided in the Regulation 2.4.5 (23) of Food Safety and Standards (Packaging and Labelling) regulations, 2011. “Domestic consumers have the right to get tea which is safe and hygienic as consumers demand globally,” Indrani Ghose, principal counsellor, CII Food and Agriculture Centre of Excellence, told . The Tea Board is taking a scientific approach to sort out the problems of different regulatory issues. Colour adulteration is strictly prohibited from the consumer health point of view and colouring of tea has gradually become a matter of serious concern these days. Sources said the treatment of teas with various colouring chemicals comes under the head of adulterants. There are occasional reports that sub-standard tea leaves are coloured with Bismark brown, potassium blue, turmeric and indigo, to impart colour or gloss to the product. Tea industry officials say the Tea Board has strongly advised the industry to follow the FSSAI guidelines for not using any colour in tea as violation of the guidelines may attract legal action. The penal provisions are tough, with penalties ranging between Rs 25,000 and Rs 10 lakh. Moreover, unlicensed food business has been strictly prohibited. A licence can be valid for a period of one to five years. Bidyananda Barkakoty, chairman, North Eastern Tea Association, said the intention of the FSSA — to bring food safety of our country to international standard — was a welcome step. “There is a possibility that by following the norms laid down in the FSSA, tea may be able to get a better price in the domestic and international markets,” he told. He, however, said it would add to the cost of production. Dhiraj Kakati, secretary, Assam branch, Indian Tea Association, said the regulations had beneficial aspects and should work well, provided there was no red tape.

Stubborn stains fade a shade - Responsible citizens switch to paan on Day One of ban, but gutkha prices soar in black market

Some voluntarily munched paan, some grudgingly bit into betel nuts and yet others scoured black markets for their habitual quota of nicotine kick — the state’s blanket ban on gutkha was only partially successful on Thursday, the first day of its implementation. Armed with the new Food Safety and Standards Act, 2006 — which was implemented in Jharkhand in January this year — the health and family welfare department had issued a notification in newspapers in Ranchi on Wednesday, banning production, storage, distribution and sale of gutkha from July 26. The ban also included paan masala of various brands that contain nicotine. It had also made a fervent appeal to citizens to stop chewing the tobacco mix, one of the key reasons of a 30 per cent increase in oral cancer cases in Jharkhand in six years. The plea, which came with the penalty sting of Rs 25,000 or a jail term of seven to 10 years in case of violation, did not completely fall on deaf ears. Some vendors in the capital refused to sell gutkha even to regular customers, while some avaricious ones made last-ditch attempts to exhaust their existing stock by selling pouches at 50 per cent to 75 per cent more than the printed price. In Jamshedpur, the banned items sold at double the price. “I did not get a pouch of gutkha. Even the paan masala on sale is the one without even a trace of tobacco. I decided to switch to paan,” Sanjay Singh, who deals in stationery items at Saheed Chowk, Ranchi, said. Sudhir Barnwal, who runs a shop for mouth freshners at Albert Ekka Chowk, said the ban had not affected their earnings. “Every day, I used to sell gutkha pouches worth Rs 400. After it was banned, I was worried about my income. But fortunately, people are opting for paan and I won’t suffer losses,” he said. Not everyone was as respectful to the law as Singh and Barnwal. A youth at Albert Ekka Chowk was found striking a hard bargain for 10 pouches of tobacco sprinkled paan masala. “You sell a pouch for Rs 2, I am ready to pay Rs 3 for each. Please arrange for at least 10 pouches,” he was overheard requesting the vendor. The latter was smarter. He was unwilling to part with his newfound treasure at anything less than Rs 3.50 a pouch. “Selling gutkha is risky now. If I am caught, I will have to pay Rs 25,000. Or may even be sent to jail. You have to pay me more,” he reasoned. Dilip Kumar, the owner of Shree Zarda Store at Saheed Chowk, said such bargains would continue only till stocks last. “After that there will be no chance of getting gutkha even in the black market. People can chew paan, which anyway is a better substitute.” In Jamshedpur, both violations and violators were more brazen. Rajesh Yadav (38), a security guard at an apartment in Bistupur, was found staining the government’s image with tobacco laced paan masala. “I know about the ban. It is in the newspaper, but I did not face any problem in getting my brand of paan masala,” he said with an I-don’t-care attitude. He, however, added that if gutkha and paan masala vanish from the market, he would switch to betel leaves. Bikram Singh (25), a resident of Kadma, agreed. “If shops stop selling gutkha, we will stop consuming,” he said. Vendor Ayodhya Mahto Sakchi Market said the authorities should first target manufacturers and wholesalers. “Why hurt poor shopkeepers. I feel this will give powerful people like the police another opportunity to harass us,” he added. Despite violations here and there, state food controller T.P. Barnwal expressed satisfaction over imposition of the ban. “On the first day, we do not have information of sale of gutkha anywhere. None of our officials across the state have reported seizure or imposition of fines,” he asserted.

Awareness forum for food trade fraternity

Traders dealing in food items have to acquire licences to conduct business according to provisions of the Food Safety and Standard Act.

Bihar Chamber of Commerce (BCC) on Wednesday had organised a workshop to make people engaged in the food business aware of various rules and provisions of the act.

State health secretary-cum-food safety commissioner Sanjay Kumar appealed to the people engaged in the food industry not to operate or carry out business without getting or acquiring registration/licence as violation of the act would attract imprisonment besides a hefty fine.

According to mandatory provisions of the act, all food business operators or any person dealing in food item have to acquire licence or get registered with the designated authority/officer of the central and state governments before August 4," Kumar said.

He added: "A person would be imposed a Rs 2 lakh fine if he is found selling sub-standard food. In case of misbranding, the quantum of fine would increase to Rs 3 lakh. The person would be charged with a fine of up to Rs 10 lakh if it is found that the person was selling adulterated food, which is dangerous to life. If the adulterated food causes death, the punishment could be seven years imprisonment and Rs 10 lakh fine."

The act, which came into force on August 5, 2011, was brought in to ensure quality and hygienic food at every stage that is from the production to the consumption level.

Kumar said all those dealing in food business with an annual turnover of Rs 12 lakh would have to get registered by the food safety officer whereas those having a yearly turnover above Rs 12 lakh would have to get a licence as well.

He said various central laws/orders such as Prevention of Food Adulteration Act, 1954, Fruit Products Order, 1955, Meat Food Products Order, 1973, Vegetable Oil Products (Control) Order, 1947, Edible Oils Packaging (Regulation) Order 1988, Solvent Extracted Oil, De-oiled Meal and Edible Flour (Control) Order 1967, and Milk and Milk Products Order 1992, were repealed to bring the new legislation into force. The multiplicity of laws and orders had posed difficulties for agencies to enforce those properly but it would be easier to implement a single law.

However, there is only one laboratory in the state to check adulterated food, the food safety commissioner said, adding it was insufficient to deal with the huge number adulterated food cases in the event of implementation of the act.

"The state government has decided to set up a laboratory in Patna to deal with such a situation," he added.
"The act has a provision of fine if a person dealing in food business is found selling adulterated and sub-standard food", Kumar said.

BCC president .P. Sah urged the government to create awareness about the various provisions of the act among businessmen in order to make them aware about how to get registered or acquire a licence, conditions for getting licence, consequences of violations and others.

"At present, people don't have much information about the act. There is an urgent need to popularise the act among traders and businessmen. Till then, the implementation of the act should be soft-pedalled," Sah said.

Liquor makers put up spirited opposition to central oversight

New Delhi: At a time of widening Centre-state strifes over turf — from the power to levy taxes to the design and implementation of welfare programmes — the liquor industry has joined the issue out of compulsion. Facing the prospect of having to apply for licences afresh from the Centre under a new food safety and standards law and be regulated by the central foods regulator, the industry that counts among its members top companies like United Spirits, Radico Khaitan and Diageo India has dragged the central government and the regulator to court. While the liquor industry argues that alcoholic beverages form part of the state list under the Constitution and are regulated for purposes of taxation and standards by state excise laws, the central government has submitted to the court that it derives its power to regulate alcohol from the concurrent list which allows it to legislate on matters related to ‘adulteration of food stuff’.
In a petition filed before the Bombay High Court, the alcohol industry claimed that the central government has committed a fundamental error in defining liquor as food under the new Food Safety and Standards Act (FSSA). This, the industry pleads, was the very reason the now-repealed Prevention of Food Adulteration Act (PFA) never applied to liquor industry.
PFA was overridden by FSSA in 2011, which regulates the country’s food sector.
The industry’s claim is being vehemently opposed by the central foods regulator, the Food Safety and Standards Authority of India, which argues that the liquor industry all along fully fell under the scope of PFA. The Centre also has strongly protested against any definition of food that excludes alcohol. “Barring drugs and water, our stand is that all that is consumed is food,” an official said.
The only exemption in the category of liquor can be made for alcohol which is being produced for use in medicine and toiletries, he added. If the court rules that liquor is indeed food, alcohol companies would have to apply for fresh licences from the Centre.
Liquor companies say regulation of alcoholic beverages – its production, possession, transport, sale and purchase – is strictly and exclusively the domain of state governments, a task they are already implementing effectively. By making an attempt to regulate alcoholic beverages, the Centre is encroaching on states’ jurisdiction, the liquor industry claims in its plea to courts, calling the move ‘illegal, arbitrary and unconstitutional’.
Alcohol companies feel multiple regulations will stifle the industry. “Even the quality of alcoholic beverages, which the food regulator is trying to now regulate is currently being governed under State Excise Act and Rules framed by different states. It is almost impossible for the industry to conform to multiple overlapping laws being implemented by multiple authorities. We are juggling between at least three different sets of legislation –State Excise Act and Rules, Food Safety and Standards Act and Legal Metrology (Packaged Commodities) Rules now which is creating a lot of confusion in the industry,” said Lalit Khaitan, chairman and managing director, Radico Khitan.
This issue of whether or not alcohol should be excluded from the definition of food was deliberated before the legislation (FSSA) was enforced and the central government took a studied decision to include it in the definition of food to ensure that quality and safety of alcoholic beverages can be maintained, a health ministry official said.

Is liquor also a food: legal poser stumps SC

An interesting question of law as to whether liquor is a food, requiring regulation under the Food Safety Act, cropped up today before the Supreme Court.
A bench of justices Deepak Verma and Ibrahim Kalifulla issued notices to the Confederation of Indian Alcoholic Beverage Association and others, seeking their stands on the legal poser and their responses to a plea by the Food Safety and Standards Authority of India (FSSA) for transferring a batch of petitions from the Bombay and the Madhya Pradesh high courts to the apex court.
Appearing for the statutory authority, counsel Sandeep Prabhakar submitted that since the issue involved substantial questions of law and constitutional validity of Section 3(1) (j) of the Food Safety and Standards Act, 2006, it needs to be adjudicated by the apex court.
"So liquor is also a food!," remarked an amused apex court bench, while issuing notices on FSSA's plea.
The FSSA counsel said that in petitions before the two high courts, the alcoholic manufacturers and the organisations representing them have questioned constitutional validity of the section 3(1)(j) of the Act which defines "food" and "alcoholic drink" has been included in its definition.
The manufacturers and dealers have contended that the Act cannot be invoked in the case of alcoholic drinks as they are not food.
"Our aim is to invoke the Act so as to standardise the content as they relate to maintenance of public health and safety," Prabhakar submitted to the bench.
The main contention of the manufacturers is that Parliament does not have legislative competence to enact a law pertaining to "alcoholic drink."
It was contended that inclusion of the subject of "alcoholic drink" in a Parliamentary enactment is violative of the Constitutional prohibition contained in Article 246 (3)
The authorities in their petition before the apex court said, "It is submitted that the definition of "food" under Section 3 (1) (j) is an extremely important and comprehensive provision under the FSSA and is intended to safeguard public health and safety.
The Confederation of Indian Alcoholic Beverage Association, the Distillers Association of Maharashtra and some individuals have challenged the provisions of the Act in the two high courts.

Liquor makers put up spirited opposition to central oversight

At a time of widening Centre-state strifes over turf — from the power to levy taxes to the design and implementation of welfare programmes — the liquor industry has joined the issue out of compulsion. Facing the prospect of having to apply for licences afresh from the Centre under a new food safety and standards law and be regulated by the central foods regulator, the industry that counts among its members top companies like United Spirits, Radico Khaitan and Diageo India has dragged the central government and the regulator to court.
While the liquor industry argues that alcoholic beverages form part of the state list under the Constitution and are regulated for purposes of taxation and standards by state excise laws, the central government has submitted to the court that it derives its power to regulate alcohol from the concurrent list which allows it to legislate on matters related to 'adulteration of food stuff'.
In a petition filed before the Bombay High Court, the alcohol industry claimed that the central government has committed a fundamental error in defining liquor as food under the new Food Safety and Standards Act (FSSA). This, the industry pleads, was the very reason the now-repealed Prevention of Food Adulteration Act (PFA) never applied to liquor industry.
PFA was overridden by FSSA in 2011, which regulates the country's food sector.
The industry's claim is being vehemently opposed by the central foods regulator, the Food Safety and Standards Authority of India, which argues that the liquor industry all along fully fell under the scope of PFA. The Centre also has strongly protested against any definition of food that excludes alcohol. "Barring drugs and water, our stand is that all that is consumed is food," an official said.
The only exemption in the category of liquor can be made for alcohol which is being produced for use in medicine and toiletries, he added. If the court rules that liquor is indeed food, alcohol companies would have to apply for fresh licences from the Centre.
Liquor companies say regulation of alcoholic beverages - its production, possession, transport, sale and purchase - is strictly and exclusively the domain of state governments, a task they are already implementing effectively. By making an attempt to regulate alcoholic beverages, the Centre is encroaching on states' jurisdiction, the liquor industry claims in its plea to courts, calling the move 'illegal, arbitrary and unconstitutional'.
Alcohol companies feel multiple regulations will stifle the industry. "Even the quality of alcoholic beverages, which the food regulator is trying to now regulate is currently being governed under State Excise Act and Rules framed by different states. It is almost impossible for the industry to conform to multiple overlapping laws being implemented by multiple authorities. We are juggling between at least three different sets of legislation -State Excise Act and Rules, Food Safety and Standards Act and Legal Metrology (Packaged Commodities) Rules now which is creating a lot of confusion in the industry," said Lalit Khaitan, chairman and managing director, Radico Khitan.
This issue of whether or not alcohol should be excluded from the definition of food was deliberated before the legislation (FSSA) was enforced and the central government took a studied decision to include it in the definition of food to ensure that quality and safety of alcoholic beverages can be maintained, a health ministry official said.

1K litres of adulterated milk seized in Malad

14 Arrested, Accused Operated From Slum

 Look closely at your milk packet seal the next time it's delivered at your doorstep, chances are it has been tampered with. The police, along with the Food & Drugs Administration (FDA), arrested 14 people from Malad (W) early on Wednesday, with more than 1,000 litres of adulterated milk. 

    The kingpin, Raju (35), is on the run. He had earlier been arrested in February 2011 in another milk adulteration case. 
    The accused, which included a few women, were arrested in a joint operation by the FDA and the crime branch control around 
4.30am. Around 70 cops were involved in the operation. 
    "Male members of the gang would buy branded milk packets from company outlets and take them to a slum at Bangur Nagar. There, women would slit open a side of the packet and remove up to one third of the milk, replacing it with water. The adulterated milk would then be distributed by male members in housing societies and restaurants in the area adjacent to Inorbit Mall and Evershine Nagar in Malad," said senior inspector Rakesh Sharma of the crime branch control. Empty milk packets of various leading brands have been recovered. According to the police, the accused are from Andhra Pradesh but have been staying at Bangur Nagar for four to five months. Six motorbikes have been recovered from the gang, including one used by Raju. 
    The other accused are Banja Konda (25), Malaiya Bolam (35), Yadamma Bolam (30), Kolamma Konda (32), Venkatesh Gundagoni (36), Renuka Babu (40), Yadava Babu (48), Malaiya Kolam (28), Renu Mupida (26), Bharat Patel (44), Venkatesh Gundagoni (36), Ashok Konda (26), Menaka Konda (24) and Machhendra Suryavanshi (45). All have been handed over to the Bangur Nagar police and will be produced before a metropolitan court on Thursday. 
    "Residents had been complaining about adulterated milk. We have been planning the raid for sometime and conducted it after receiving specific information," said an official. 
    "Buyers must closely observe if the horizontal and vertical sealing of milk packets have been tampered with," said K V Sankhe, joint commissioner, Food & Drugs Administration. 
    Ashwin Bhadri of Equinox Labs added, "Buyers can come to know if their milk has been adulterated if it clots during boiling or if there's a drastic change in the milk's colour while making curds or other products." 
RAID IN BANGUR NAGAR 
WHERE | Police raid slum at Bangur Nagar, Malad (W) ACTION TAKEN |13, including 5 women, arrested SEIZED | 1,063 litres of adulterated milk, empty branded milk packets, six motorcycles CHARGES | Accused booked under Indian Penal Code for "adulteration of food or drink intended for sale", "cheating" and "using a false property mark". Also booked under Food Safety and Standards Act 2006 
WHAT TO LOOK OUT FOR See if the horizontal or vertical sealing of your milk packets are tampered with In most cases, tampering is done at the corner of the packet Adulterators make a tiny slit from where they remove milk They seal the packet with the help of a candle, after adding some water to it Portion where the sealing has been burned with candle is smooth, compared to other portions of the sealing which are rough and irregular IS MY MILK ADULTERATED? 
Adulterated milk clots during boiling There's a drastic change in colour of milk while making curds or other products ADULTERANTS | Urea, bicarbonate, starch, salt, detergents, water, formalin, caustic soda, sodium chloride, skimmed milk powder, sugar

Malad residents have been complaining about adulterated milk being supplied to them

The accused operate from a slum behind a shoe showroom in Bangur Nagar, Malad (W)

Male members of the gang buy branded milk packets from company outlets

At the slum, women will slit open a packet, remove some milk and replace it with water

The men then distribute adulterated milk in housing societies and restaurants

FDA to man toll plazas on state border to check entry of gutka

To ensure the ban on gutka and paan masala is strictly enforced throughout the state, the Food and Drug Administration (FDA) plans to deploy officials at all toll nakas so that no illegal transportation of these products takes place from neighbouring states.

To ensure the ban on gutka and paan masala is strictly enforced throughout the state, the Food and Drug Administration (FDA) plans to deploy officials at all toll nakas so that no illegal transportation of these products takes place from neighbouring states.
The ban came into force on July 19 and the Pune division received the official communication on July 20. The notification bans the manufacturing, storage, distribution and sale of gutka and paan masala.
In the days following the ban, gutka and paan masala products worth Rs 9.70 lakh were confiscated and samples sent for inspection. “As of now, small stalls might have stock that will last for 10-12 days, and it’s after that that the real problem of black marketing and illegal transportation from neighbouring states like Goa, Karnataka and Gujarat will start,” Joint Commissioner (Food), FDA Pune, Shashikant Kekare said. “Therefore, we plan to keep a check at all toll nakas on the state boundary and have also asked the octroi officials to be vigilant and inspect vehicles.”
Police assistance
Kekare said police assistance would be sought as and when required. “We are a team of 13 food safety officials (FSOs) of the FDA, 13 FSOs of the Pune Municipal Corporation and six FSOs from Pimpri-Chinchwad Municipal Corporation, two assistant commissioners and a joint commissioner, but assistance from the police will be sought whenever required,” he said. “We are also planning to conduct meetings of wholesalers across the city and the secretary of the paan stall owner’s association on Thursday to warn them and also seek their cooperation.”
Assistant Commissioner (Food) Dilip Sangat said only a countrywide ban would be the real solution. “It is not sufficient to ban gutka and similar products containing tobacco, nicotine and magnesium carbonate in a few states,” Sangat said. “The Centre should ban the production of such stuff throughout the country to bring about an effective change. Otherwise, there will be inter-state trafficking.”
In case of violations, the government has decided to press for long prison terms and fines up to Rs 10 lakh by invoking the stringent provisions of the Food and Security Standards Act, 2006. Even small paan shops, hawkers, petty sellers found selling gutka or paan masala can be fined up to Rs 25,000. If the seller fails to comply with the directions of the FSO, then a fine of up to Rs 2 lakh can be imposed.

Food safety awareness programme held at Katra

Katra, July 25
With a view to ensuring proper implementation of the Food Safety and Standard Act - 2006, the Department of Food Safety, Reasi, organised a one-day awareness programme at the DC office today.
The aim of the awareness programme was to enhance the skills of all functionaries responsible for the proper implementation of the Food Safety and Standards Act.
Speaking on the occasion, Lotika Khajuria, Deputy Commissioner, Food Safety and Standards, Jammu, said: “A massive awareness programme has been launched to educate the general masses at different levels about the food safety and preventive measures”.
She emphasised on the need for coordinated efforts with the active involvement of various associations of the area to change the mindset of people and to generate awareness about the safe food habits.
Khajuria appealed to all the food business operators to get their business registered and licenced before August 4, 2012.
An interactive session was also held during the programme, which was chaired by the Deputy Commissioner Food Safety and Standards, Assistant Controller Food Safety (HQ), Designated Officer of Food Safety, Reasi.
The designated officer of the Food Safety, Reasi, Madan Lal Mangotra, food safety officers of the area and other functionaries associated with food safety in the district were present on the occasion.