Will seize gutkha, won’t destroy yet, govt tells HC

The state government on Monday informed the Bombay High Court that while it would continue to confiscate gutkha being sold or transported in violation of a ban order issued on July 19, it would not destroy the seized products.
Manufacturers pleaded the ban had brought their businesses to a halt, and urged the court to restrain the government from preventing the transport of gutkha to other states that allow its sale.
Dhariwal Industries Private Limited, Ghodavat Paan Masala Products, Rajnandini Foods Private Limited, SDD Agencies Private Limited and Hira Enterprises had petitioned the court urging it to set aside the ban, which invoked the Food Safety and Standards Act (FSSA), 2006.
Arguing for the manufacturers, senior counsel Milind Sathe said that the government notification had, apart from prohibiting the sale and distribution of gutkha and paan masala, also put curbs on storing and transporting gutkha. “We want to transport our product to states that have no ban. They (state government) should not take any action against us,” Sathe said. Senior counsel Janak Dwarkadas added that the product has a short shelf life.
Sathe said the government had instructed its officers to destroy seized gutkha. He urged the bench to direct the government not to do so until a final decision. Chief Justice Mohit Shah said, “But somebody might continue to manufacture.”
Government pleader D A Nalavade told the court that gutkha had a shelf life of six months. He said that while the government would not permit the transport of gutkha to other states and confiscate consigments, it would not begin to destroy the seized material until the court heard the case further.
Adjourning the case, Chief Justice Shah and Justice N M Jamdar asked the state government to file its reply by August 7.
Arguing for the petitioners, senior counsel Navroz Seervai told the court that the ban is nothing but an “attempt to overrule by legislation a judgment of the Supreme Court”.
“Entire industries cannot be closed down because of somebody’s whims,” Seervai said.
The state had earlier attempted to ban gutkha in 2002 and in 2008, but had encountered several legal hurdles. Seervai said that the sale of gutkha, that contains tobacco, can be governed only by the Tobacco Act, 2003, and not by the FSSA.
The manufacturers have contended that gutkha, which contains 6-8 per cent tobacco, has no nutritional value and hence cannot be brought under the purview of the FSSA that deals with “food”. Mere oral consumption would not bring gutkha under the FSSA as it is not consumed for taste or nutrition but for pleasure, the petitioners have said.
Government counsel Nalavade also informed the court that another petition filed by an association of dealers seeking unrestricted transportation of gutkha before another bench of the court, had been withdrawn.

Deadline for registration, licence renewal extended

Food business operators have got a breather as the deadline for licence registration as per the Food Safety and Standards Act, 2006 has been extended by six months. The Food Safety and Standards Authority of India has also directed that nutraceuticals, proprietary foods, organic foods and genetically modified foods have to get their products approved failing which licences will be cancelled.
FSSA came into effect on August 5 last year and is expected to regulate manufacturing, storage, distribution, sale and import of food items.
The law enables consumers to register complaints against defaulters. FDA Commissioner Mahesh Zagade told Newsline that Maharashtra was way ahead of other states in registering and renewing licences of food business operators. As many as 1.29 lakh registrations and 61,789 licences have been issued since August last year.
Shashikant Kekare, Joint Commissioner, Food, Pune division said that the deadline to renew and issue licences to food business operators was August 4 this year. However, it has now been extended for another six months. In Pune division, FDA officials have renewed as many as 25,185 licences as per the FSSA and as many as 13,045 licences that were to expire in 2012 or 2014.
Pune division has earned a revenue of Rs 12 crore as part of the drive to issue and renew licences. Maharashtra as a whole earned a revenue of Rs 43 crore.
At a meeting in New Delhi, S N Mohanty, CEO, FSSAI, had said there were certain grey areas since the Act was operationalised as some states were giving licences under the Prevention of Food Adulteration Act instead of the FSSA.
Maharashtra FDA officials said that the Act was new and hence there was still a lack of understanding. Zagade said that a monitoring system had been developed for implementing FSSA.
Paan masala worth Rs 4.56 lakh seized
PUNE: A total of 706 rounds of inspection have been conducted by FDA officials in Pune division (that includes Pune, Solapur, Satara,
Sangli and Kolhapur) since July 20. Gutkha and paan masala worth Rs 11.3 lakh have been seized. As many as 25 food safety officers are involved in conducting the raids and the maximum amount of gutkha and paan masala worth Rs 4.56 lakh has been seized from the city.

A total of 4,188 packets and 39 kg of gutkha was seized, FDA officials said.

Food Safety and Standards Act: Hoteliers object to five conditions

Hoteliers in the state have taken a strong exception to the five conditions of the Food Safety and Standards Act, including the restriction on the chefs from wearing ornaments, as they are “not practical and feasible to the functioning of low and medium level hotels”.
The State Food Safety Commissioner had issued a circular the other day with 30 guidelines in the Act after the tragic incident of a youth’s death on  July 10 after having ‘shawarma’ from Salwa Cafe in Thiruvananthapuram.
“It’s improper to ask the women not to wear ornaments including their wedding chain. These kind of restrictions are applicable only in case of big food industries,” said Jose Mohan, president of the Kerala Hotels and Restaurants Association(KHRA).
The association is also against the two guidelines on the use of water.
“We are using drinking water provided either by the Corporation or  the Water Authority and it’s the duty of the government to ensure the quality of water.
“We are using bore-well water for washing as the availability and cost of drinking water is so dear. Hence, it is not practical to use drinking water for this purpose,” he said.
The guidelines make it mandatory to keep the details of the medical examination that all persons in the hotel who deal with food are free from any contagious diseases and need certificates from a government doctor not less than a medical surgeon to all the employees by October 31. However, the hoteliers argue that  it would not be practical to get the certificate from government surgeons and instead suggest the certificate from any qualified doctor.
The KHRA president pointed out that there is no clarity about the distance between the kitchen and the toilets though they are not against keeping it clean and tidy by sanitising it four times a day.
“We  would be raising our objections to the commissioner after a discussion. We would also be meeting the Chief Minister and Health Minister next week,” said Jose.

Do cooks wash hands? Hotel owners unaware

A room packed with local restaurateurs listened with rapt attention as lessons were given on how to keep their kitchens clean and hygienic at DNA’s Hygiene For Kitchens workshop.
The New Food Safety and Standards Act (FSSA), 2006, which came into effect in 2011, requires every food business operator to stick to food safety norms.
The workshop, which was organised in association with the Indian Hotel and Restaurant Association and Equinox Labs on July 26, focused on helping restaurateurs follow the norms prescribed by the state Food and Drug Administration under the FSSA.
More than 150 restaurateurs were unaware whether their cooks or waiters washed hands after visiting theloo. “Washing hands is one of the basic requirements to ensure food safety. Many a times, adequate soap is not available for the food handlers,” said Ashwin Bhadri, head, business relations at Equinox Labs.
He also stressed on the need for regular medical check-up for the staff. “It is mandatory for a hotel owner employer to verify with the doctor that his employees do not suffer from any infectious skin disease or contagious ailment, but is rarely done. At times the doctor doesn’t even examine the employee and issues a medical certificate. This, under the new Act, will work against a restaurant owner, if a customer falls ill due to unhygienic standards in the kitchen.”
According to the rulebook, penalties ranging from Rs1 lakh up to Rs10 lakh with a maximum of six years’ jail could be imposed on the restaurateur if proven guilty for maintaining unsanitary conditions leading to illness or death of a person after consuming the unhygienic food.
The workshop also focused on the need for restaurateurs to document the steps taken to maintain hygiene under the 14-point agenda of food safety management system. “Every owner should jot down the description of the surroundings around the eatery. Also, he should ensure the water is clean, utensils and containers washed properly and the place is well ventilated. Self-inspection and audits will led to better standards of hygiene,” said Bala Shetty, who owns a restaurant in Wadala.

File Reply on Pleas Challenging Gutka Sale: Bombay HC

The Bombay High Court today asked Maharashtra government to file reply by August 7 on a clutch of petitions challenging the recent ban imposed on sale of gutka and paan masala in the state.

Government pleader Dhariyasheel Nalawade asked for time to file reply saying they had not received the petitions.

A division bench headed by Chief Justice Mohit Shah then allowed the state time to file reply within a week.

On behalf of the state government, Nalawade assured the court that the state would not destroy the gutka pouches.

The petitioners sought 'ad interim relief' urging stay on the notification banning sale of gutka. However, the court said it would first hear the state.

Gutka and paan masala manufacturers have urged the court to set aside the state government's July 19 notification and two regulations of the Food Safety and Standards Act (FSSA), 2006, under which the ban was brought into effect.

The petitions have been filed by Dhariwal Industries Pvt Ltd, Ghodavat Paan Masala Products, Rajnandini Foods Pvt Ltd, SDD Agencies Pvt Ltd and Hira Enterprises.

The petitioners contended that gutka, which consists six per cent tobacco, has no nutritional value and hence the product cannot be brought under the purview of the FSSA that deals with "food".

Terming the ban as "discriminatory", the petitioners submitted that their business had come to a standstill owing to the state government's decision to prohibit sale of gutka.

The monthly sale of gutka in Maharashtra is estimated to the tune of Rs 300 crore and the state earns Rs 100 crore as taxes on the product.

The petitioners argued that the ban on sale of gutka was contrary to a Supreme Court ruling of 2004.

The state Cabinet had decided on July 12 to invoke the ban on the sale of gutka across the state. The state had earlier attempted to ban gutka in 2002 and then in 2008, but had faced legal hurdles. The new FSSA has enabled the ban again this time.

The gutka manufacturers have challenged the ban saying that gutka contains tobacco and its sale would be governed by Tobacco Act, 2003, a Central Government legislation. Mere oral consumption would not bring gutka under FSSA as it is not consumed for taste or nutrition but for pleasure, they argued.

The petitioners have also questioned the state's decision to spare the makers of raw tobacco from the ban.

The petitioners said the government's decision was discriminatory as magnesium carbonate, an ingredient in gutka, is permitted in various foods.

It was argued that the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, do not permit the use of carbonates of calcium and magnesium in foods except in those specifically allowed like table salt, onion powder, garlic powder, fruit powder, soup powder and chewing gum, but not exceeding two per cent.

High Court to hear petitions challenging gutkha ban today

The Bombay High Court is on Monday likely to hear five petitions challenging the state government’s ban on the sale of gutkha.
Gutkha and paan masala manufacturers have urged the court to set aside the government’s July 19 notification and two regulations under the Food Safety and Standards Act (FSSA), 2006, under which the ban was brought into effect.
Dhariwal Industries Private Limited, Ghodavat Paan Masala Products, Rajnandini Foods Private Limited, SDD Agencies Private Limited and Hira Enterprises have petitioned the court. They have contended that gutkha, which consists six per cent tobacco, has no nutritional value and hence cannot be brought under the purview of the FSSA that deals with “food”. The petitioners have stated that their business has come to a standstill owing to the “discriminatory” ban that is contrary to a Supreme Court ruling of 2004.
The state Cabinet had, on July 12, taken a decision to invoke the ban on the sale of gutkha across the state. The state had earlier attempted to ban gutkha in 2002 and then in 2008, but had encountered several legal hurdles. The new FSSA has enabled the ban this time.
The manufacturers, however, contested the ban stating that gutkha contains tobacco and its sale would be governed by the Tobacco Act, 2003, a Central government legislation. Mere oral consumption would not bring gutkha under the FSSA as it is not consumed for taste or nutrition but for pleasure, the petitioners stated.
Also alleging discrimination, the manufacturers said magnesium carbonate, an ingredient in gutkha, is permitted in various foods. Also, the makers of raw tobacco have been spared the ban, they alleged.
The Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, do not permit the use of carbonates of calcium and magnesium in foods except in those specifically allowed like table salt, onion powder, garlic powder, fruit powder, soup powder and chewing gum, but not exceeding two per cent.
The monthly sale of gutkha in Maharashtra is estimated to be around Rs 300 crore and the government annually earns more than Rs 100 crore in taxes on it.
A Division Bench of Chief Justice Mohit Shah and Justice N M Jamdar will hear the group of petitions on Monday.

Extension to licensing deadline: Equinox’ Bhadri for stricter adherence

Among the various reactions that have been pouring in with regard to the six-month extension given to compliance with certain provisions of the Food Safety and Standards (Licensing and Registration) Regulations, 2011, by food business operators, the one offered by Ashwin Bhadri, head, business relations, Equinox Labs, an NABL-accredited food testing facility in Mumbai, is interesting. For Bhadri has offered a different kind of perspective touching two aspects.

“Firstly, the advantage of the extension is that it will give FBOs and the industry some time to get themselves registered or licensed. The issues faced by the industry were that they did not have access to quality resources to upgrade themselves. For instance, many FBOs did not know how to make a Food Safety Management Systems (FSMS) Plan. In the beginning there was very little clarity in the mind of the FBOs on the requirements of the law and how to comply with them. Over the last one year, a lot of work has been done to ensure that all these doubts are cleared,” he said.

“Secondly, FBOs were already given a year's notice to comply with the same, but majority have not yet complied with them. The extension should be adhered to strictly, or else it will be pointless, and nobody in the country will take the law seriously,” said Bhadri.

About the testing capability available in the country, Bhadri said, “There are plenty of private labs that have NABL accreditation. They ensure that the total testing load can be handled. It will take the government a long time to be able to cater to the growing requirement for testing throughout the country.”

New Food Safety and Standards Act to favour FDI: Vidarbha Taxpayers' Association

NAGPUR: Even though the central government has extended the deadline of implementing the Food Bill Act by six months, the Vidarbha Taxpayers' Association said that they would continue their fight against the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.

In a memorandum to Prime Minister Manmohan Singh, agriculture and food processing industries minister Sharad Pawar, health minister Ghulam Nabi Azad and chairman of Food Safety and Standards Authority of India K Chandramouli and Commissioner ( Food and Drug Administration) Mahesh Zagade for extension of the one-year deadline expiring on August 4 as stipulated under Regulation 2.1.2 of Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations, 2011.

"This is just a temporary relief and the horror of unpractical & harsh provisions shall be back to haunt everyone from February 5, 2013," pointed out the VTA's memorandum.

The VTA had highlighted that the provisions in the FSS Act & Regulations are literally meant to shut down small & medium Food Business Operators (FBOs) in the country and it only supports Foreign Direct Investments and Multi National Companies.

VTA also alleged that Food Safety and Standards Authority of India (FSSAI) has squarely failed in making a balance between existing procedure followed and preparing unkind provisions from farm to fork, which means a petty dhaba and Seven Star Hotel should be following the same norms as no parameters or gradation is described the new Food Safety and Standards Act, 2006 (FSSA).

The memorandum also highlighted that although FSSAI was incorporated to lay down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for human consumption, the Act has been enforced without studying the Indian market, agriculture procedure and other parameters.

"Fight for appropriate amendment in Food Safety and Standards Act, 2006 would continue; else small and medium Food Business Operators will have to down their shutters permanently after 6 months. They can only survive by compelling themselves with the help of corruption," stated the memorandum.

Food safety regulations to be enforced in city

After a year delay, the Delhi Government has decided to implement the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011 from the first week of August. This means food safety licence would be mandatory for tea stalls, dhabas, fruit and vegetable sellers, grocery shops, milk vendors, canteens, caterers, restaurants, hotels, food processors in the national Capital. Even trucks and other vehicles engaged in transporting food will have to obtain licences to this effect.
On the delay in the implementation of the Regulation, Health Minister Ashok Kumar Walia told The Pioneer that the implementation had been extended six month by the Central Government. “As far as Delhi is concerned, a Hyderabad-based company will open six counters in the Capital so that hawkers and vendors could be registered,” Walia said, adding the Food Safety and Standards Act would ensure improved quality of food for the consumers and censure misleading claims and advertisement by those in food business.
The implementation of Food Safety and Standards Act will ensure improved quality of food for the consumers and censure misleading claims and advertisement by those in food business.
The new Act will have more stringent provisions, including penalty clauses like life imprisonment and a fine of up to Rs 10 lakh. Though the Act was passed by Parliament in 2006, the Centre notified the rules for enforcement of the legislation only a few months back. The Delhi Government is preparing to issue a notification to enforce the law. According to the Act, 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.
According to Government officials entrusted with the task to enforce of the new Act, food adulteration will become almost impossible as it will attract heavy fine and punishment. Under the new Act, all food business operators with a turnover specified under the Act will have to acquire a licence and get themselves registered. Small-time shopkeepers will have to apply for registration while big business establishments will have to acquire licences.
In case of substandard, misbranded food or misleading advertisements about food products that are not injurious to health will invite a fine of up to Rs 10 lakh. In case of injurious food, the punishment will be imprisonment up to seven years, with a fine of up to Rs 10 lakh. In case of death caused due to adulterated food items, the punishment will range from seven years’ imprisonment to life, besides a fine of up to Rs 10 lakh.
The officials of health department of Delhi Government say 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 officials added.

Compulsory registration rule for all street vendors

Thousands of traders selling food items across the city will now have to register their businesses.

Delhi health minister Ashok Kumar Walia said the government would start registering vendors and issue food licenses very soon. He said the government had roped in a Government of
India's undertaking organisation to carry out the exercise. "We have decided to outsource the job of registering of the vendors to the National Institute of Smart Governance. The institute will start with six centres in the Capital and each centre will have 10 counters where vendors can register. Later, more centres will be opened," Walia said.
He said the government's website would also have a link where vendors will be able to upload their documents for registration.
Under the Food Safety and Standards Act 2006, which was implemented across the country in 2011, any person engaged in food business will have to register and obtain a licence to run his business. The vendors will have to fulfil safety and hygiene conditions to obtain a licence.
Under this, all sorts of food businesses, including fruits and vegetables sellers, roadside tea stalls, grocery and milk shops, restaurants, hotels, canteens and caterers will have to obtain a licence. The food licence will be in addition to other licences that the business establishments take from the local civic agencies, excise, tax and police.
Though the government had earlier fixed August 4, 2012, as the deadline for all states to complete the process, Delhi government officials said the deadline had been extended by six months.
Officials said the vendor would be liable for sale of any sub-standard food material and liable for action. Failure to get themselves registered will also attract heavy penalty.

Food safety regulations to be enforced in city

After a year delay, the Delhi Government has decided to implement the Food Safety and Standards (Licensing and Registration of Food Businesses) Regulations 2011 from the first week of August. This means food safety licence would be mandatory for tea stalls, dhabas, fruit and vegetable sellers, grocery shops, milk vendors, canteens, caterers, restaurants, hotels, food processors in the national Capital. Even trucks and other vehicles engaged in transporting food will have to obtain licences to this effect.
On the delay in the implementation of the Regulation, Health Minister Ashok Kumar Walia told The Pioneer that the implementation had been extended six month by the Central Government. “As far as Delhi is concerned, a Hyderabad-based company will open six counters in the Capital so that hawkers and vendors could be registered,” Walia said, adding the Food Safety and Standards Act would ensure improved quality of food for the consumers and censure misleading claims and advertisement by those in food business.
The implementation of Food Safety and Standards Act will ensure improved quality of food for the consumers and censure misleading claims and advertisement by those in food business.
The new Act will have more stringent provisions, including penalty clauses like life imprisonment and a fine of up to Rs 10 lakh. Though the Act was passed by Parliament in 2006, the Centre notified the rules for enforcement of the legislation only a few months back. The Delhi Government is preparing to issue a notification to enforce the law. According to the Act, 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.
According to Government officials entrusted with the task to enforce of the new Act, food adulteration will become almost impossible as it will attract heavy fine and punishment. Under the new Act, all food business operators with a turnover specified under the Act will have to acquire a licence and get themselves registered. Small-time shopkeepers will have to apply for registration while big business establishments will have to acquire licences.
In case of substandard, misbranded food or misleading advertisements about food products that are not injurious to health will invite a fine of up to Rs 10 lakh. In case of injurious food, the punishment will be imprisonment up to seven years, with a fine of up to Rs 10 lakh. In case of death caused due to adulterated food items, the punishment will range from seven years’ imprisonment to life, besides a fine of up to Rs 10 lakh.
The officials of health department of Delhi Government say 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 officials added.

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.