Food Labelling in the US

An August 19, 2012, front page article in The New York Times reported that prominent lawyers with considerable experience in class action litigation have filed suit within the last few months against "industry leaders like ConAgra Foods, PepsiCo, Heinz, General Mills and Chobani." The NYT report further stated that the suits "asserted that food makers are misleading consumers and violating federal regulations by wrongly labelling products and ingredients."

Purpose of labels
The purpose of food product labels is to help inform and protect the consumer:
1- By detailing the ingredients used in the formulation of the product
2- Specifying the critical nutritional profile including any implied health claims
In the United States, the Food & Drug Administration (FDA) regulates the labelling of most foods and non-alcoholic beverages and derives its jurisdiction over food labelling from the Federal Food, Drug, and Cosmetic Act (FDCA) and the Nutrition Labeling and Education Act (NLEA). This legislation requires certain nutritional and ingredient information to be disclosed on the labels of all FDA-regulated food items. The United States Department of Agriculture (USDA) through the Food Safety and Inspection Service (FSIS), regulates labelling of meat, poultry, and liquid egg products. The USDA derives its labelling jurisdiction from the Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA). There is uniformity between the USDA and FDA nutritional and ingredient labelling requirements. The major difference between the two, is that whilst USDA stipulates a label pre-approval process, FDA food labels are not pre-approved.

The food industry in general has spent time, effort and resources to conform to legal requirements through proper identification of ingredients and nutritional profiles. However there are instances where the information on labels has been deemed to be insufficient or inaccurate by consumer advocacy agents. This has led to allegations by consumers and the lawyers representing them that there is some amount of abuse of these regulations.

Examples of deficiency
Some examples of product labels which have been scrutinised and alleged to be deficient are summarised below:
■ A major cooking spray used by the American consumer is marketed in a sprayable can. The ingredient label indicates that it uses a "propellant," which is the only information available to the consumer. The Material Safety Data Sheet (MSDS) has more detailed information. An MSDS is a document that is commonly used by food professionals and not by the consuming public and it indicates that the propellant that is used is a combination of "petroleum gas, propane and butane." The FDA has probably specified levels of these propellants that may be safely used for human consumption and the manufacturer has probably ensured that the propellant have been used within permitted levels. Since this information is not made known to the consumer, the potential exists for legal liability according to the lawyers involved.
■ A food manufacturer in New York has recently introduced a yogurt product that is gaining market share. The ingredient list for this yogurt includes "evaporated cane juice" which may be construed as a scientific euphemism for "sugar." The lawyer suing them has accused the company "of misleading, uninformative terminology" in this case. In fact the use of various sugar sources and types without specifically noting that the ingredient used is "sugar" is one of the major complaints of consumer advocates. It is conceivable that an uninformed consumer who may be diabetic or an overweight individual might suffer health effects as a result.
■ In another example, a popular chocolate spread implied in its advertisements that it may be used as part of a healthy breakfast. A consumer claimed she was misled since she did not understand that a serving of this product contained high levels of sugar, fat and calories. A subsequent class action suit resulted in a monetary settlement when the judge accepted the consumer complaint that the spread was not a "healthy, nutritious" food as implied in the advertisement.

Misuse and excessive use
Groups like the Union for Concerned Scientists, a non-profit science advocacy group, have complained about the misuse and excessive use of antibiotics, genetic modification issues etc. and lack of consumer information. Similarly for some time now consumer groups had called for some control on the use of BPA- Bisphenol A. BPA has been used widely in a variety of plastics and food packaging material including in baby formula packaging. Recently some controls been instituted in use of BPA with the concurrence of industry.

Such infractions of the labelling regulations have led consumer advocates and their lawyers to accuse the food manufacturers of marketing mislabelled products. A number of consumer advocacy groups have grown into consumer protection agencies. The Center for Science in the Public Interest (CSPI) is an example, an advocacy group founded in 1971 and is an off-shoot of the Ralph Nader consumer group - it is primarily funded by income from a newsletter and focusses on nutrition and food safety.

Most major food companies respond that they are very cognisant of their responsibility to consumer safety and health. To be fair, food processors complain that they have to operate within a set of complicated and vague regulations written by the Food and Drug Administration (FDA).

For example a number of legal actions have been filed alleging that claims of "0 trans fat" or "trans fat- free" on product labels are misleading when the product contains some form of partially hydrogenated vegetable oil. However, FDA regulations specifically permits a product containing less than 0.5 gram of trans fat per serving to be labelled as "0" gram of trans fat and therefore trans fat-free. Thus, the food companies allege that many of the suits are without merit and accuse the legal profession and some consumer groups of irresponsible litigation.

A popular breakfast cereal is marketed under the enticing label of "Cap'n'Crunch Berries." The manufacturer was sued by a consumer for false advertising as the product did not contain real berries. In this case a judge ruled in favour of the food company as he concluded that a "reasonable consumer would not be deceived…..". Similarly attempts to sue the major fast food chains for causing obesity in consumers have not succeeded.

Natural products
"Natural" food products are a segment with substantial sales and growth potential and a number of complaints of misleading labeling. The FDA has contributed to the problem as it has to date not laid down specifications and regulations on what constitutes a natural product leading not only to confusion but also to substantial abuse. FDA's informal policy seems to be that "natural" means that "nothing artificial or synthetic has been included in" the formulation of the natural product. A whole range of products with dubious claims to be natural have been marketed. This includes a number of "natural" products that contain High Fructose Corn Syrup. The consumer advocacy group - CSPI - challenged a prominent ice cream for using HFCS, hydrogenated oil and processed cocoa in their "natural ice cream" and the manufacturer amended their labelling and advertising. Similarly a range of beverages have used HFCS and claimed to be "natural" leading to challenges by consumer lawyers and advocacy groups.

Meanwhile, the "organic" sector which has both a growing market niche as well as a good financial margin potential has strict FDA rules on what constitutes an organic product. There is a minimal amount of complaints in this sector as the food companies have specific guidelines to follow.

Another area of conflict is the proliferation of health-related claims which connect consumption of specific food product with some health benefit. Some products go so far as to state or imply that the food in question is "clinically proven" to cure/prevent some ailment. The FDA is now demanding substantial scientific evidence to permit such claims. Claims that have been questioned include anti-oxidant and immunity boosting properties, cholesterol reduction, cancer prevention, heart health, probiotics in yogurt and so on.

Greater scrutiny
Food companies today face greater scrutiny not only on product labelling but also on nutritional claims and advertising. Food advertising is subject to Federal Trade Commission - FTC - jurisdiction. The FTC is empowered to prohibit unfair or deceptive advertising. The FTC's authority extends to all advertising, including that on labels as well as on the manufacturer's website. In a recent example FTC objected to a prominent multinational's claim that its children's breakfast cereal was "clinically shown to improve kids' attentiveness by nearly 20%." This resulted in an out-of-court settlement between the company and the FTC. Subsequently the manufacturer had to deal with a followup consumer class action suit.

The FDA, USDA and FTC are trying to take a more pro-active role in assessing food labelling and advertising. For instance, the FTC, USDA and FDA, along with the Centers for Disease Control (CDC) have proposed voluntary principles to guide food industry marketing to children. The growing awareness of food regulations and consumer protection has also led the FDA to institute more controls not only over domestic manufactures but also internationally. There are over 200,000 international facilities that play a role in preparing foods which then enter the US market. Since 2010, the FDA has developed a registry, which requires manufacturers, processors, packagers and distributors of human and animal food to report safety issues that are likely to have public health consequences.

In an environment where there is increased scrutiny of food labels, consumer groups will continue to evaluate, educate and influence public opinion. Food companies must recognise that certain claims which are not in compliance with regulations will continue to face challenges.

'Organic food isn't healthier than conventional products'

Organic food is no more nutritious than produce grown with pesticides and chemicals, as a new Stanford University study has claimed that it provides no added health benefits.
Researchers from the Stanford University found that there was not much difference between organic food and conventional produce when it comes to nutritional value.
They also found that there was no guarantee organic food would be pesticide-free – a key attraction for many consumers – though it did have lower levels, the Daily Mail reported.
Many people pay as much as a third more for organic food in the belief that it is healthier and safer.
"There isn't much difference between organic and conventional foods, if you're an adult and making a decision based solely on your health," senior author, Dr Dena Bravata said.
Researchers sifted through thousands of papers looking into the health benefits of organic food.
The review included studies of people with organic and conventional diets, as well as research into nutrient levels, bacterial, fungal or pesticide contamination.
Researchers found no consistent differences in the vitamin content of various foods. They also found no difference in protein or fat content between organic and conventional milk.
"Some believe that organic food is always healthier and more nutritious. We were a little surprised that we didn't find that," co-researcher Crystal Smith- Spangler was quoted as saying by the paper.
The researchers did find organic produce was 30 per cent less likely to be contaminated with pesticides than conventional fruit and vegetables, but not guaranteed to be pesticide-free, while pesticide levels of all foods came within the allowable safety limits.
Two studies of children found lower levels of pesticide residues in the urine of those on organic diets, though for all those studied the levels were below allowable safety thresholds.
The study was published in the Annals of Internal Medicine journal.

High Salt And Sugar Content in Fast Food Items

As per available medical literature, fast food high on salt and sugar content are not good for health and hence may indirectly contribute to hypertension and obesity.

To discourage the consumption of junk and fast foods including carbonated drinks, the Chief Ministers / Health Ministers of all States / Union Territories (UTs) and Union Minister of Human Resources Development have been requested to issue instructions to concerned authorities for withdrawal of junk and fast foods including carbonated drinks from the canteens of educational institutes.

Various regional workshops are also organised to generate awareness about need to avoid junk foods, aerated beverages etc. and promotion of health lifestyle. To generate awareness among community about nutrition related issues including junk food and promoting health life styles, various Information Education Communication (IEC) materials viz. posters and folders on Micronutrient deficiencies, diet related chronic disorders, Promotion of healthy life styles for different age groups developed and sent to all States and UTs for further distribution at different levels.

In addition to above, Government of India has launched the National Programme for Prevention and Control of Cancer, Diabetes, Cardiovascular Diseases and Stroke (NPCDCS) in 100 selected districts in 21 States during the 11th Five Year Plan to combat the rising trend of Non-Communicable Diseases (NCDs). The programme, inter alia, emphasise on healthy life style. The key messages that are conveyed to the public under the programme are:-

 Increased intake of healthy foods (more vegetables, fruits, complex carbohydrates and low salt, sugar, fats)
 Increased physical activity through sports, exercise, etc.
 Avoidance of tobacco and alcohol
 Stress management
 Warning signs of cancer etc.

The ‘2008-2013 Action Plan for the Global Strategy for the Prevention and Control of Non-Communicable diseases’ calls for promoting healthy diet through establishment and implementation of food-based dietary guidelines and supporting the healthier composition of food by reducing salt levels, limiting free sugars etc. Further, it recommends providing accurate and balanced information for consumers in order to enable them to make well-informed, healthy choices.

The Global Strategy on Diet, Physical Activity and Health also recommends limitation of the intake of free sugars and salt (sodium) consumption from all sources.

According to the World Health Organization’s ‘Global Status Report on NCDs 2010, salt reduction strategies are considered as a best buy in the prevention of NCDs. Sound communication and information strategies are considered best buys for healthy diet promotion campaigns.

Under Food Safety and Standards Authority of India (FSSAI) – Act, 2006 & Rule/Regulations 2011, there is provision of nutritional labelling to specify the quantity of various nutrient components including sugar, salt, trans-fats etc.

The above information was given by the Union Minister for Health & Family Welfare Shri Ghulam Nabi Azad in a written reply in the Rajya Sabha today.

Harmful Ads: Loopholes galore

Instead of a regulator to monitor ads, why not tighten the many statutes that already provide for consumer protection?

At a meeting in Mumbai on 24th August, a bunch of NGOs under the aegis of the Consumer Coordination Council (the apex body of numerous affiliated consumer groups across India) resolved that there was a “need for a regulator to check misleading information in the advertisements that are causing serious damage, both financial and physical to the consumers.” They want this to be a body like the old MRTP Commission and be christened the Advertising Standards Regulatory Commission and Unfair Trade Practice Commission.

Will such a regulator really protect us consumers from being lured, misled, conned and looted by companies? I think not. Yet, several seminars and workshops held by consumer organisations over the past year have endorsed the need for an ‘independent regulator’ under the ministry of consumer affairs (MCA). Incidentally, these seminars were supported or organised by the MCA which is a big benefactor of most consumer protection NGOs.

False and misleading advertisements are rampant and are getting more outrageous (what do you make of ad campaigns for vaginal whitening and vaginal tightening creams in the past couple of months?); they come in many forms. Paid news, social media blogs and tweets masquerading as independent opinion are hard to detect or prove. Can a government regulator stop this? Impossible; but it is guaranteed to ensure red tape, corruption, delays, extortion, higher costs and selective enforcement—in other words, a sure poison for advertising creativity.

Take the example of the Food Safety & Standards Act (FSSAI) whose powers of enforcement and punishment were notified in 2011. FSSAI impressively shot off show-cause notices to some of India’s food brands such as Complan, Bournvita Little Champs, Maggie Noodles, Top Ramen and Horlicks Junior for making ‘tall claims’. But don’t raise your hopes about better food regulation. Well-known consumer activist Dr Arvind Shenoy tells us that empowering FSSAI has only led to a sharp increase in corruption. It is exactly the same with the Indian Medical Council and the Food and Drug Administration.

In fact, several statutes have provisions to protect consumers from false claims and misleading advertisements, but they are either full of loopholes or rendered useless by a corrupt bureaucracy or the lack of coordination between ministries and regulators. Statutes that have failed include: The Young Persons (Harmful Publications) Act, 1956, and the Indecent Representation of Women (Prohibition) Act, 1986. Self-styled vigilantes to harass film actors and models usually use the latter. Then there is the Drugs and Magic Remedies Objectionable Advertisement Act (DMROA), 1954, which needs to be empowered to monitor cosmetics advertisements and act against them. But, according to experts, it is full of loopholes. Millions of Indians are being duped by mushrooming chit funds and Ponzi schemes across India that have powerful political backers. These are covered by the Prize Chits & Money Circulation Schemes (Banning) Act, 1978. However, barring notable exceptions, the police do not register a case until it is too late.

The Consumer Protection Act (CPA) itself gives state and Central governments the power to file complaints on behalf of consumers. These would act like a class action and act as a strong deterrent to dubious companies, but the MCA hasn’t filed a single complaint because it has yet to frame clear rules to decide the circumstances in which such suo moto action would be appropriate. This is important, because the power would otherwise become a tool for vindictive action.

Clearly, the MCA needs to devote time and attention to plugging loopholes in several statutes and frame appropriate guidelines under the Consumer Protection Act. Instead, MCA’s entire focus is on gathering support to set up an independent regulator to monitor advertising. I have participated in at least three seminars this year; all of them called for an independent regulator to monitor advertising. Interestingly, a similar exercise was conducted around 2003-04 as well which also concluded with a similar pitch for an independent regulator.

Predictably, on 24th August, the Consumer Coordination Council’s (CCC) first resolution was “the need for a regulator to check misleading information in the advertisements that are causing serious damage, both financial and physical to the consumers.” Another resolution was that celebrities be held responsible for misleading advertisements.

This, again, is sheer nonsense. How can film stars or our sports icons with a small window of opportunity to earn product endorsements fees be saddled with the responsibility of judging a company’s product? Celebrity endorsements are pretty harmless for most cosmetics, sports goods, automobiles, branded products as well as food & beverages.

They are lethal when skilfully used to hard-sell toxic financial products which are complex and whose performance becomes clear long after their purchase. But when four independent financial regulators will not collaborate to frame common rules on the issue, can celebrities be held accountable? The Securities & Exchange Board of India (SEBI) took a considered decision to disallow celebrities from hawking investment products or endorsing initial public offerings (IPOs) in the first few years of its existence. But the insurance regulator and the Reserve Bank of India continue to ignore NGO requests to bar celebrity endorsement of financial products in their domain. The MCA won’t address this issue either, because it would involve treading on the powerful finance ministry’s turf. Also, all four financial regulators will be up in arms at the first sign of the MCA having a say on financial advertising.

Similarly, MCA is rather quiet on Ponzis and chit funds promising extraordinary returns for luring new investors into their chain-marketing structure. SpeakAsia and many others advertise in the mainstream media and on the Internet without attracting regulatory action. Here, too, MCA’s silence is probably dictated by the unwillingness to encroach on the turf of the ministry of corporate affairs, but it leaves consumers unprotected.

What then is the solution? Empowering an existing self-regulatory body is a better strategy. The Advertising Standards Council of India (ASCI), an industry body, is routinely invited to every seminar on misleading advertisements, mainly to conclude that it is not very effective. As a member of ASCI’s Consumer Complaints Council for the past two months, I find there is slight merit in this charge. ASCI diligently reviews each offensive advertisement in a fair and impartial manner and rules on complaints, but it can do little about habitual offenders. These include multinationals, media houses and educational institutions, who dutifully withdraw offending advertisements after an adverse ruling knowing fully well that they have already served their purpose. ASCI has no mandate to punish or demand a corrective advertisement/apology; consequently, these entities are back with another misleading advertisement after a few months. MCA can create an effective system by seeking a quarterly report from ASCI and asking habitual offenders to issue corrective advertisements which is a powerful deterrent and has been successfully used by consumer courts in Mumbai. Setting up another regulator, without addressing loopholes in existing laws or addressing the issue of turf battles with other ministries, will be another exercise in wasting taxpayers’ money and opens MCA to the charge that the IAS lobby is only trying to create yet another sinecure for retiring bureaucrats.

Why 11 States have Banned Gutka & Pan Masala

Mumbai: Meet Rajkamal Prajapati, aged 28, who was doing a job and studying for his B.Ed. Married, with two young daughters, Rajkamal was living in a little-known town called Orai in Jalaun district, UP, until cancer turned his world upside down. Currently, Rajkamal is in Mumbai's Tata Memorial Hospital, where large parts of his tongue and tonsils were removed on 26th August 2012. Now he faces the challenges of coping with radiation therapy and relearning to talk again. It's a steep price to pay for having chewed gutka and smoked cigarettes for only three years!

The Legal Basis Of The Ban On Chewable Tobacco:
Point 2.3.4 of the notification issued by Ministry of Health and Family Welfare (Food Safety and Standards Authority of India) on 1st August, 2011 says, "Product not to contain any substance which may be injurious to health: Tobacco and nicotine shall not be used as ingredients in any food products." Hence all smokeless tobacco products such as gutka, khaini, etc stand banned. This is as per Food Safety and Standards Act, 2006, and under the authority of Food Safety and Standards Authority of India, Ministry of Health.
The report submitted by the National Institute of Health and Family Welfare (NIHFW) to the Supreme Court gives evidence of various fatal diseases caused in millions of people in India by the deceptively named "smokeless tobacco". These diseases can only be controlled by prohibiting the sale of such products. Read this report: http://tiny.cc/Report-NIHFW-SC
The gutka and pan masala manufacturers are trying to escape this ban by arguing that these products are not "food" as defined under the Food Safety and Standards Act, 2006, and therefore, the Food Safety and Standards Act is not applicable. They contend that Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 – known as COTPA – is applicable, and therefore, gutka and pan masala may be regulated under COTPA but not banned under Food Safety and Standards Act, 2006. Thankfully, this tenuous argument has failed to convince the Supreme Court. In the Godawat Pan Masala Case, the Supreme Court clearly stated that: "We are... unable to agree with the contention that pan masala or gutka does not amount to "food" within the meaning of definition in Section 2(v) of the Act." Thus it is settled law that Gutka and Pan Masala are food products.
Of course, manufacturers and distributors of "smokeless tobacco products" may approach the judiciary to fight a last-gasp battle. However, unless and until they get a stay order from the relevant High Court, Regulation 2.3.4. is the law of the land. This means that the Food & Drugs Authority of every state is mandated to implement the ban at the earliest.
In addition to the force of law, there is the great power of moral conviction. 56 Members of Parliaments, Chief Ministers, Governors and other high-profile decision-makers have signed the pledge to curb the use of chewing tobacco, to ensure that unwary people like Rajkamal Prajapati and Ramesh Chowdhury stop becoming mutilated victims.

Processed Milk Scare Persists

New Delhi, Sept. 2: A government laboratory has detected cancer-causing fungal toxins exceeding safety limits in samples of ultra-high-temperature processed milk, suggesting that a contamination problem highlighted eight years ago remains unresolved.

Scientists at the Central Food Technological Research Institute (CFTRI), Mysore, have found a compound called aflatoxin M1, a fungal product labelled a carcinogen, in about 20 per cent of the samples of UHT milk they examined.

Earlier studies in India over the past decade have identified aflatoxins in raw and pasteurised milk but, the CFTRI scientists say, this is the first report of aflatoxins in UHT milk.

Dairy experts estimate that UHT milk ' typically sold in tetrapacks as a shelf-stable product that needs no refrigeration until opened ' makes up only one per cent of India's milk market, but sales are expected to grow three-fold over the next five years.

Food safety specialist Prema Viswanath and her colleagues at the CFTRI selected 45 samples of UHT milk from retail stores in Mysore, but intentionally picked brands sold across the country. Their findings appeared last week in the journal Food and Chemical Toxicology.

The scientists found aflatoxin M1 levels exceeding limits imposed by India's Food Safety and Standards Authority (FSSA) in 10 out of the 45 samples of UHT milk, in six out of 45 samples of raw milk and in three out of seven samples of pasteurised milk. The raw and pasteurised milk was collected from milk suppliers across Karnataka and Tamil Nadu.

High levels of aflatoxins in livestock feed ' such as maize residue and peanut cake ' appears to be the source of the toxins in milk, the CFTRI scientists said.

Toxicologists say the findings suggest that India's livestock sector has failed to resolve the problem of aflatoxins in feed despite repeated warnings.

"This is a complex problem which is why it persists," said Mukul Das, a biochemist and co-ordinator of food toxicology at the Indian Institute of Toxicology Research (IITR), Lucknow.

Das and his colleagues at the IITR had detected aflatoxin levels high enough to cause concern in samples of infant milk food, milk-based weaning cereals and liquid milk in 2004.
"It's a quality issue involving the livestock and dairy supply chain," Das said. Sections of the dairy industry that rely on milk supplies from livestock owners need to test samples for aflatoxin before they pool the milk for industry-level processing, he said.
"Clean livestock feed holds the key to clean milk," said Viswanath. Studies from outside India have indicated that aflatoxins are resistant to heat treatment. "The objective should be to reduce aflatoxin levels to as low values as possible," Viswanath told The Telegraph.
Indian livestock researchers have in the past reported high values ' up to 3,300 micrograms per kg ' of the fungal toxin aflatoxin B1 in livestock feed. Aflatoxin B1 is metabolised by animals and converted into aflatoxin M1, which is secreted in milk.
"We're aware of the problem," said Anil Kumar Srivastava, director of the National Dairy Research Institute, Karnal, Haryana. "Humidity, moisture, and poor storage conditions contribute to the growth of fungi and aflatoxins in livestock feed."
Dairy researchers point out that aflatoxins have been detected in UHT milk in several countries, including Brazil, Iran, Kuwait, Spain and Turkey. But while most developed countries have set maximum permissible limits for aflatoxin levels in livestock feed, no such mandatory limits exist for livestock fodder in India.
Toxicologists view aflatoxins, produced by fungi called Aspergillus flavus and Aspergillus parasiticus as among the most potent of carcinogens that can cause liver cancer. Some studies indicate that aflatoxins can also lead to stunted growth.
Since the late 1990s, isolated scientific reports of aflatoxins in milk have emerged from Thrissur in Kerala and Anand in Gujarat.

The 2004 study by Das and his colleagues at the IITR had found about 10 per cent of samples of products they tested contained aflatoxin M1 levels higher than the 0.5 microgram per kg limit imposed by the FSSA in 2006.

The limit for aflatoxins in milk set by the European Commission is even lower ' 0.05 microgram per kg. "If we apply the European Commission limits to our samples, 90 per cent would exceed safety limits," said Das.

Both the CFTRI and the IITR are laboratories under the Council of Scientific and Industrial Research.

Implementation hiccups in the Food Safety and Standards Act, 2006

The implementation of the Food Safety and Standards Act, 2006 has run into rough weather.  The Act consolidates eight laws[1] governing the food sector and establishes the Food Safety and Standards Authority (FSSA) as the regulator.  It requires all food business operators (including small businesses and street vendors) to obtain a licence or registration.  The Regulations under FSSA related to procedure for obtaining a licence or registration was notified on August 1, 2011.  According to the Regulations, all food business operators had to get a licence or registration within one year of the notification.  Due to opposition from several food business operators (see here and here), the FSSA has now extended the deadline for getting a licence or registration by another six months (till February 2013).  However, some of the key concerns regarding the law have not yet been addressed.

Key issues related to the Bill raised by PRS (for more details see Legislative Brief)

• The organised as well as the unorganised food sectors are required to follow the same food law.  The unorganised sector, such as street vendors, might have difficulty in adhering to the law, for example, with regard to specifications on ingredients, traceability and recall procedures.
• The Bill does not require any specific standards for potable water (which is usually provided by local authorities).  It is the responsibility of the person preparing or manufacturing food to ensure that he uses water of requisite quality even when tap water does not meet the required safety standards.
• The Bill excludes plants prior to harvesting and animal feed from its purview.  Thus, it does not control the entry of pesticides and antibiotics into the food at its source.
• The power to suspend the license of any food operator is given to a local level officer.  This offers scope for harassment and corruption.

Other issues referred to in the media

• The Act requires a food business operator to get different licenses if articles of food are manufactured or sold at different premises.  Newspapers reported that this provision was challenged in the Madras High Court but a stay order on the Act and its Rules was refused.
• According to media reports, two hotel associations in Karnataka had challenged certain sections of the Act and Rules in the Karnataka High Court related to requirement of technical person for supervision of production process and requirement of a laboratory on the premises of food operators.  The court stayed these provisions for three months (till October 2012).
• News papers reported that the Supreme Court is examining the question whether liquor is a food.

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[1].  (a) The Prevention of Food Adulteration Act, 1954.  (b) The Fruit Products Order, 1955.  (c) The Meat Food Products Order, 1973. (d)  The Vegetable Oil Products (Control) Order, 1947.  (e) The Edible Oils Packaging (Regulation) Order, 1998. (f) The Solvent Extracted Oil, De oiled Meal, and Edible Flour (Control) Order, 1967. (g) The Milk and Milk Products Order, 1992. (h) Any other order issued under the Essential Commodities Act, 1955, relating to food.

Gujarat bans gutka and pan masala completely from September 11

Gutka and pan masala will be completely banned from September 11 in Gujarat, a notification issued here today by the state government said.
The ban as per provisions of Food Safety and Standards Act, 2006 on manufacturing, sale, storage and distribution of gutka and pan masala will come into effect from September 11, and initially shall be in place for one year, Gujarat's Commissioner of Food Safety Dr H G Koshia said.
"It has been done in public interest," he said.
Any violation of ban on food articles containing nicotine and tobacco as ingredients, would attract atleast six months of imprisonment and a fine upto Rs 5 lakh, Koshia said.
However, the prohibition shall not be applicable in respect of 100 per cent export oriented units.
Citing research at Tata Memorial Hospital, the notification said it was observed that consumption of gutka and pan masala causes carcinogenic and co-carcinogenic effects, leading to very high risk of oral cancer.
The Global Adult Tobacco Survey of India 2009-10 revealed that 35 per cent adults use tobacco in some or the other form, out of which 21 per cent were found to be consuming smokeless tobacco.
The Maharashtra government had recently imposed a comprehensive ban on gutka and pan masala. Gutka is banned in Kerala, Madhya Pradesh and Bihar, while the Rajasthan government banned it last month.

DINAMALAR NEWS

Greens with Poisons

The revelation that neither the state agriculture department nor the Food and Drugs Authority (FDA) nor the health department conduct any periodic check on market samples of vegetables and fruits for presence of pesticides beyond the permissible limit is a chilling reminder of the dangers we face every time we sit down to have a meal.
The investigations by this newspaper published on Saturday pointed to gross indifference of the state government to the health of consumers. The revelations expose the fallacy of “nutritious” vegetables and fruits bought in the markets. Pesticides are used as poisons to kill insects, and they kill them by attacking their brain systems. When we consume fruits and vegetables with high pesticide residues, they accumulate in our brains and damage our neurological systems. The damage over a period of time can be irreversible.
It is the state government’s responsibility to ensure that consumers get safe foods. At the national level, the Food Safety and Standards Authority of India
(FSSAI) is entrusted with the task of enforcing food safety rules, including those relating to MRL ( Maximum Residue Limit) of pesticides in fruits and vegetables. In states, it is the state government’s responsibility to appoint and designate an appropriate authority to carry out the mandate. In other states, laboratories have been making checks on samples for MRL. In Allahabad for instance, tomatoes were found to contain traces of DDT which were 108 times above the permissible level. Apples from Himachal Pradesh were found to contain excessive traces of Cyfluthrin-Beta. In Hyderabad, Lucknow and other cities checks on MRL in vegetables and fruits are done. In some cities, civil society groups have collected samples from markets and got tests done at laboratories and found many of them contaminated. In quite a few tests, some vegetables, particularly cabbage, cauliflower, okra and brinjal were found to have much higher MRL for pesticide residues.
The whole scenario is scary: just because we do not see it or taste it does not mean we are safe. We have no idea what we are consuming. An agency designated by the state government has to conduct routine tests on fruits and vegetables – and not to miss out on fish and meat – to ensure that consumers are not taking home and cooking contaminated food. When government officers say that testing facilities are not available in the state, they are telling the truth. What they are not revealing is that the FSSAI has listed 18 testing laboratories for use of states in the western region which includes Goa. Of these 10 are located in Mumbai and Pune which are easily accessible by the state government. Why are vegetables and fruits samples from markets in the state not being sent to these laboratories for testing? Next is the question of who is responsible? Documents uploaded on the FSSAI website clearly state the names and designations of the government servants designated as food officers for the state. Besides, Mr Salim Veljee and Mr B Vijayan have been designated as food safety commissioners for Goa. The state has 13 food safety officers and 13 designated officers. So why is the government still immobile with respect to checks on fruits and vegetables?
Perhaps, it needs a direct intervention of the Chief Minister, Mr Manohar Parrikar to protect consumers from pesticide consumption. After all, pesticide residues might be going into the body and brain systems of all of us – commoners, middle classes, upper middle classes, officers and ministers. The government must make use of the laboratories in Mumbai and Pune. Testing of vegetables and fruits (and fish and meat) must start immediately. And the sooner, the better, Mr Parrikar must use his ingenious techniques of mobilizing additional resources for setting up a toxicology laboratory in Goa itself.

Food Safety Organisation in action

SRINAGAR: Anti-tobacco squad Srinagar recovered a fine of Rs 3250/- from 17 persons found smoking in public in Srinagar district. The team headed by Shabir Ahmed Lone, Food Safety Officer comprised of officials from Health Department, J&K VHA and Police. The hospitals inspected included SMHS, Govt Medical College, SMHS, GB Panth, Bone & Joint, LD Hospital, Kashmir Nursing Home, besides Batamaloo, Rajbagh, Lal Chowk etc. Moreover, education institutions inspected were put on seven days notice to ensure that they display anti-tobacco sign-ages.

Meanwhile, Food Safety Officer Pampore, Inderjeet Singh destroyed adulterated milk in Pampore and a fine of Rs one lakh ten thousand was imposed on the milk vendors. The adulterated milk was bound for Srinagar. Deputy Commissioner Pulwam Shafat Noor has appreciated the action and advised for strict vigilance for the safety of consumers.

Dr. Samoon for sensitizing masses about ill effects of food ripening agent

Divisional Commissioner, Kashmir, Dr. Asgar Samoon chaired a high level meeting of officers to discuss the issues of Food Adulteration and availability of artificial ripen fruits in the market here today.

Divisional Commissioner stressed the need for intensifying the market checking so that the adulterated and chemical induced ripened fruits are destroyed. He said that use of such fruit can result in the deterioration of human health. He impressed upon the concerned to gear up and take punitive action against the violators indulging in such malpractices.

The Participants expressed deep concern over the presence of Food articles below acceptable quality in the market, particularly artificial ripening of fruits mainly came under discussion.

It was observed that the level of awareness on the subject among the masses and the Food vendors needs to be enhanced through Press and electronic media. The harmful health effects that the commonly used Food ripening agent calcium carbide popularly known as “Masala” can have injurious effects on consumers. The matter was discussed threadbare in light of the prevailing Food Law i.e The Food Safety and Standards Act 2006 Rules and Regulations 2011.

Samoon expressed satisfaction on the steps initiated by Various governmental agencies like Horticulture, Planning and marketing regarding setting up of plants involving globally acceptable technology to make available fruits of edible quality to the consumer at large.

The meeting informed that the concerned are already seized of the gravity of situation that is surfacing globally in the context of artificial ripening and the process of setting of plants with modern technology put in place at various vital horticulture zones of the valley and many more such projects are in the pipe line and shall be executed in due course of time.

The stressed upon the need for a coordinated effort between various agencies associated with public health and on his part assured strict enforcement of the regulations in force. He further shared that the helpline of organization has been put in place purely to address genuine complaints.

The Divisional Commissioner directed the regulatory agencies to increase vigil at all levels especially at the entry point of the valley i.e Lower Munda by posting permanent staff there to check quality of food articles.

Among others, Commissioner of Food Safety Satish Gupta Director Horticulture, Dr. Mohammad Saleem, Director Agro Industries, Abdul Majid, Director Planning and Marketing, Drug Controller, Kashmir, besides other officers and representatives of fruit growers association also participated in the meeting.

GIVE YOUR OPINION ON THIS NEWS . . .

Food Safety Officer, Roorkee for the alleged violation of ... Section 27(2)(c) of the Food Safety and Standards Act, 2006

Uttaranchal High Court

M/S Cargill India Private ... vs State Of Uttarakhand And Others on 31 August, 2012

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (M/S) No. 1817 of 2012
M/s Cargill India Private Limited.
... Petitioner.
Versus
State of Uttarakhand and others
... Respondents.
Mr. Rajesh Batra, Advocate, with Mr. H.M.Bhatia and Ms. Sonia Kakerja, Advocates, learned counsel for the petitioner.
Ms. Vijay Lakshmi, learned Brief Holder for the State-respondent nos. 1&2.
Date August 31, 2012.
Hon'ble B.S.Verma, J.
(Stay Application No. 9086 of 2012)
Heard learned counsel for the petitioner.
By means of this writ petition, the petitioner has sought the following relief:-
(a) To issue an appropriate writ/order/direction in quashing and setting aside the impugned order dated 16-8-2012 (Annexure-2) and give appropriate opportunity to the petitioner company to cross-examine the witness as per its application filed in the adjudication proceedings bearing no. 14/2012 initiated by the Food Safety Officer, Roorkee for the alleged violation of Section 3(1)(zf)(i)(a) and (b), 31(1)(zf)(B)(ii), Section 3(1)(zx), Section 24, Section 26(2)(ii) & (v), Section 27(2)(c) of the Food Safety and Standards Act, 2006 and Regulation 2.2(3)(i), 2.3(5), 2.4.2(1) & 2.4.6(1) of the Food Safety and Standards (Packaging and Labelling )Regulations, 2011 punishable under Sections 51, 52, 53 and 66 of Food Safety and Standards Act, 2006 before the Adjudicating Officer/Additional District Magistrate, Haridwar. (b) any other order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. Learned counsel for the petitioner has contended that the time period 90 days will start as prescribed under Proviso to 2
sub-clause (9) of Rule 3.1.1 of the Food Safety and Standards Rules, 2011 (for short the Rules) from the date fixed for hearing and that the case is at the stage of sub-clause (8) of the said Rule. It appears from a reading of the Proviso appended to sub-clause (9) of Rule 3.1.1 of the Rules that the Adjudicating Officer shall pass the final order within 90 days from the date of first hearing mentioned in rule 3.1.1 (8) above. Sub-clause (8) of the said Rule provides that on the date fixed for hearing, the Adjudicating Officer shall explain to the person or persons proceeded against or to his authorized representative, the offence alleged to have been committed by such person, indicating the provision of the Act, rules or regulations in respect of which the contravention is alleged to have taken place and the opportunity has to be given in view of sub-clause (9) of Rule 3.1.1, which provides that the Adjudicating Officer shall then given an opportunity to such person or persons to produce such documents or evidence as he may consider relevant to the inquiry and if necessary the hearing may be adjourned to a future date.
An application, which has been moved by the petitioner before the Adjudicating Officer, in Case No. 14/2012, Food Safety Officer Roorkee Vs. M/s Bharati Retail Pvt. Ltd. and others, to cross-examine the witnesses, namely, the Officers who gave reports against the petitioner. The application of the petitioner contains names of four such witnesses. By the impugned order, the petitioner has been allowed to cross-examine Food Safety Officer, while according to the petitioner, cross-examine is also necessary of the Food Analysts, who gave report in favour of the petitioner and another gave report against the petitioner and Mr. R.S.Rawat, the Designated Officer.
According to the petitioner, the learned Adjudicating Officer/Additional District Magistrate has not applied his mind and stage of sub-clause (8) of Rule 3.1.1 of the Rules has not come and no such notice has been issued against the petitioner and that the Adjudicating Officer explained the offence alleged to have been committed by the petitioner.
3
Learned Brief Holder appearing on behalf of the respondent nos. and 2, Mrs. Vijay Lakshmi, is directed to seek instruction in the matter and to inform the Court whether the learned Adjudicating Officer has framed charges against the petitioner, as indicated in sub-clause (8) of Rule 3.1.1 of the Act. List the petition on 10-9-2012.
Till the next date of listing, the Adjudicating Officer shall not proceed further in the case No. 14/2012, Food Safety Officer Roorkee Vs. M/s Bharati Retail Pvt. Ltd. and others.

Adverse Health Impact of Chemicals and Fertilizers

Keeping in view the adverse health impact, the Government of India had banned the use of DDT for agricultural purpose in 1988 and the use of BHC in 1997.

The Indian Council of Medical Research (ICMR) has not carried out any study on adverse health impact of these pesticides.

The ICMR is not aware of the studies revealing that diet of an Indian contains 0.27mg of DDT. However as per the total Diet Studies conducted at National Institute of Nutrition (ICMR), in Andhra Pradesh, the intake of total DDT was found to be far less than the acceptable daily in takes (ADI) in all the age groups of the population ranging from 0.01-0.03% of ADIs. As per the provisions of Food Safety & Standards Authority of India, food inspectors pick up samples of food from across the country to check their compliance to the various standards laid down by the Authority.

Are we eating pesticides?

DINAMALAR NEWS

If Your Child Develops Food Poisoning

(HealthDay News) — If your child develops a bad case of food poisoning, it can take a few days of TLC before he feels better.

The Nemours Foundation offers these tips for the parents of a child with food poisoning:

• Encourage lots of rest.
• Offer plenty of fluids to help prevent dehydration. Electrolyte solutions and most beverages are fine, but avoid caffeine or milk.
• Have your child take frequent but small sips of fluids.
• Skip dairy products and solid foods until any diarrhea has subsided.
• Don’t give the child any over-the-counter anti-diarrheal medications. Such medicines can actually prolong symptoms.
• Once major symptoms subside, offer small amounts of low-fat, bland foods for several days.

Haryana starts online licensing of drug stores

CHANDIGARH: Online licensing has been introduced by Haryana Food and Drug Administration (FDA) as Dr GL Singhal, State Drugs Controller, FDA inaugurated the online licensing facility and issued first online licence to M/S Gaur Medical Store, Bahadurgarh in district Jhajjar on Friday afternoon.
While stating this here today, a spokesperson of the FDA said that as per instructions of Commissioner FDA, Haryana, an awareness drive has been launched in the State to educate traders regarding Infant Milk Substitute (IMS) Act, imposition of ban on Gutkha and getting registration or licenses under the Food Safety and Standards Act 2006.

He said that a team comprising of Dr. Girdhari Lal Singhal, State Drug Controller- cum- Joint Commissioner FDA Haryana, Ashok Khullar Joint, Commissioner Food have conducted seminars at Bhiwani, Rohtak and Jhajjar on yesterday and today in which traders of food and drugs participated.

They have been asked to get registration certificate and licenses under Food Safety and Standards (FSS) Act 2006. Dr. Singhal also answered the queries of traders on various issues. In these seminars more than 400 applications were submitted by chemist to get themselves registered under FSS Act 2006.

126 tonnes of banned tobacco products seized in Haryana

A team of Food and Drug Administration (FDA) Haryana has seized 126 tonnes of banned tobacco products in its drive to effectively implement the total ban imposed by the state government on sale and manufacturing of Gutka and other tobacco products containing flavoured substances.
Stating this today, a spokesman for Haryana FDA said, a team of the FDA accompanied by police personnel raided factories of Kuber and Anshul brand, their manufacturing units, at Kundli in district Sonipat and seized the banned tobacco products of Kuber and Anshul brands. Mr Bhikam Singh, owner of Kuber brand and Mr Mukesh Jain, owner of M J Enterprises were present at the time of raid and legal action would be taken against them.
He said more than 50 samples of gutka and other allied tobacco products were seized at various places in the state and more than three dozens of infant milk substitute products had also been seized. Out of these, 30 samples failed in labelling and these had been found misbranded and misleading. He said, the Commissioner, FDA had warned all the food business operators to obtain registration for licence before February four 2013, otherwise strict action would be taken against them.
He further said, till date 3000 registration certificates and 1000 licenses had been issued to different food business operators under Food Safety and Standard Act 2006.

School canteens likely to do away with junk food by next year

The FSSAI was given six months to develop guidelines for ensuring healthy food in school canteens.

From March next year, school canteens may have to finally start taking junk food off their shelves.
The ministry of health and family welfare informed the Delhi High Court on Wednesday that it has assigned AC Nielsen the task to study the quality of food served in schools and frame proper guidelines for its improvement by March next year.
The court in January this year had given the Food Safety and Standards of India (FSSAI), under the ministry, six months to develop guidelines for ensuring healthy food in school canteens. It has now made clear that the company will set the standards for school canteens in next 26 weeks after proper surveys and trial runs.
"We will now have proper guidelines for school canteens and the best part is they will be developed by a private agency leaving no scope for bias or subjectivity. The court has asked FSSAI to come back with final guidelines on March 22 next year," said founder of Uday Foundation Rahul Verma, who had petitioned against junk food in schools in Delhi High Court two years ago.
"Earlier the question was who would frame such guidelines for schools. But now FSSAI has said the selected company has already started work, which is good," he added.
FSSAI selected the company through a tender floated earlier this year.
The scope of work assigned to the agency includes reviewing of present status of safety and quality of food, studying food habits of school children, collecting data on nutritional levels of students and suggesting measures for improvement.
The fight against junk food, initiated in the high court in 2010, has led to an increase in the awareness levels with many schools banning colas and crisps in their canteens. But many still haven't done much.
"The school canteens are run for commercial interests at many places. The kind of profit a caterer earns on the brands of soft drinks and chips is hard to let go for many schools," a principal, who did not wish to be named, said.
What constitutes junk food is also a grey area. Some schools have replaced aerated drinks, crisps and burgers with momos and bread pakoras. But the former is made of maida, which is considered dead food, and the latter is deep fried.
In fact, the Delhi Commission for Protection of Child Rights had started a campaign last year in which it had even categorised samosa as junk food.

FBOs get 6 more months to register under FSSAI Act

The decision taken after a few states expressed concern over implementation of Act

The hotels, food manufacturers and others who are involved in food business will get another six months time to register under the Food Safety and Standards Authority of India (FSSAI) Act.  According to an earlier decision by the FSSAI, all the Food Business Operators (FBO) were supposed to register before August 5. The decision to extend the date has come after a few states expressed their concern over the implementation of Act within the time frame given by the Authority.

In a letter to the Food Safety Commissioners of all states and union territories, Food Safety and Standards Authority of India Director (Enforcement) S S Ghonkrota said that the last date to Food Business Operators for seeking conversion or renewal of licenses has been extended by another six months with effect from August 5, 2012. The decision to extend the date turns out to be a sigh of relief for the operators as most of them were unaware about the registration procedures, despite awareness programmes conducted by the officials and other organisations.

Officials concerned in the district are also happy with the decision as the authority lacks manpower at present. Officials had a hectic time as the deadline approaches, as most of the FBOs came for the registration in the eleventh hour.

Currently, due to lack of manpower, Food Safety Officers (FSO) from other districts are given charge of the taluks in Dakshina Kannada from January onwards. Currently FSO of Tarikere Taluk in Chikmagalur district is looking after the matters in Mangalore and Belthangady taluks. FSO of Kollegal taluk in Mysore is in charge of Bantwal, Sullia and Puttur taluks in the district.

According to the act, all Food Business Operators (FBO) should be registered under FSSAI and obtain license. FBO includes hotels, permanent or temporary stallholders, hawkers, home based canteens, Dhabawalas, manufacturers, processors, re-packers, food stalls arrangements in religious gatherings, slaughterhouses, storage houses, retail and wholesale traders etc. Milk producers who are not a member in the dairy co-operative societies should also register under the Authority.

License holders who already registered under any previous Acts and expiry date have not over by prescribed time can continue with the existing license. Once the license period expires, they will have to register under the FSSAI, says the circular issued by Ministry of Health and Family Welfare.

'Zero tolerance' against food adulteration, warns A.K.Walia

Health Minister Dr. A.K. Walia has directed the Commissioner, Food Safety to take stringent action against unscrupulous food business operators indulging in food adulteration. He emphasised that public health is of prime concern to the Delhi Govt. and any violation on this count will not be tolerated. He was reviewing the implementation of Food Safety and Standard Act. in Delhi with the Commissioner and other Senior Officers of the Food Safety Deptt.
Noticing the need for greater vigilance, Dr. Walia directed that food safety officers must regularly visit the field during monsoon and on festival days to ensure that food business operators strictly follow food and safety standards. He directed that the food safety department official must further step-up strict prosecution action against the violators.
Dr. Walia informed that during the month of August, Food Safety Department launched prosecution action against food business operators whose food samples were found to be unsafe. Challans were issued in respect of eight operators as their samples contained sub-standard, extraneous matter or were mis branded.
Giving details he said that food safety officials during this month lifted 48 samples out of which eight samples were found unsafe, one sample each was sub-standard and misbranded whereas two samples contained extraneous matter.
The Health Minister warned the food business operator to maintain strict safety standard as per Food Safety and Standard Act, 2006. Any violator, he warned, will be strictly dealt with and prosecuted as per the existing provisions.

Milk adulteration racket at chilling plant unearthed in Maharashtra

A milk adulteration racket was on Wednesday busted at a Government chilling plant near Gondia in Eastern Maharashtra, officials said. Acting on a tip-off, a joint team of local police and Food and Drug Administration (FDA) officials raided the centre, located off NH-6 on Kohmara-Saundad Road under Duggipaar Police Station, and unearthed the racket, they said.
According to assistant police inspector Sachin Patil, the chilling centre, established in 1979, receives 5,000 litres of milk daily.
Rajendra Hanuman Prasad Dhole, an employee at the unit, use to mix around 200 to 300 litres of water in pure milk. To increase fat content, he use to mix non-permissible malto dextrine powder, syrup liquid and other chemicals in the milk, he said.
The raiding team seized powder used for adulteration and also destroyed some 500 litres of milk.
The milk from the chilling plant was being supplied to Chandrapur's Government Milk Scheme.
An offence under the Food Safety and Standard Act, 2006 has been registered against Dhole.

Drive against rodents kicks off

  

Chennai Corporation launched an intensive programme to curb the rat and dog menace on Wednesday in the city, after being pulled up by Chief Minister Jayalalithaa. A total of 240 teams, including sanitary officers, health and food safety officials, inspected hospitals, marketplaces, bus stands and godowns in the city.

According to the civic body officials, this intensive programme of eliminating rodents would continue for the next 15 days. Between Tuesday and Wednesday, 27 dogs were rounded up from the Kasturba Gandhi Hospital for Women and Children in Triplicane where the body of 12-day-old infant was found with injuries on her face on Monday. The pre-term baby had been declared dead by hospital authorities on Sunday evening and the body had been stored in a nearby room instead of being handed over to the family. The next morning, the family, hailing from the nearby Ayodhya Nagar slum, refused to take possession of the body as a portion of the face was damaged.

The family and other frequent visitors to the hospital said that dogs and cats had a free run at the hospital. Chief Minister Jayalalithaa held a meeting on Tuesday and issued a directive to the Chennai Corporation and other local bodies in the State to launch a cleaning programme at hospitals.

Corporation officials said they conduct such cleaning drives regularly but this time, a special intensive programme has been taken up. The officials are using pesticides like Ratol, which is injected in tomatoes or such food to attract the rats. The insecticide acts on the animal’s hepatic systemand damages its renal functioning. On Wednesday, officials were seen identifying rat burrows in the Government Kilpauk Hospital’s premises.

Hospital authorities blamed rat infestation on the poor hygiene practices of the visitors. Animals and rodents are attracted to leftovers and improperly discarded food, a health official said. On Wednesday, discarded food was seen near the neonatal ward of Kilpauk Hospital. Needless to say, there were also several rat burrows. Corporation officials said “rat fall” – the head count of rats killed – would be available around 11 a.m. on Thursday. Other animals would be subjected to the approved birth control programme and would not be killed.

“Process to ensure food safety for school kids is on” - THE HINDU

It would also study food habits of school children, food handling and hygiene practices in school kitchens, safety standards of ingredients in foods prepared at school canteens.

The Union Government on Wednesday informed the Delhi High Court that the Food Safety Standards Authority of India (FSSAI) had given a contract to market research company A C Nielson ORG-MARG Pvt. Ltd. for framing guidelines to make available quality and safe foods at schools across the country.

Counsel for the Government submitted before a Division Bench of the Court comprising Justice A. K. Sikri and Rajiv Sahai Endlaw that before framing the guidelines, the company, among other things, would review the present status of safety and food quality and hygiene conditions in school premises.

It would also study food habits of school children, food handling and hygiene practices in school kitchens, safety standards of ingredients in foods prepared at school canteens, mess or under mid-day meal scheme and availability of infrastructure, counsel for the Government submitted.

The Court had in January this year given six months to FSSAI to hold deliberations with experts and frame necessary guidelines to make healthy food available at school canteens.

The Bench was hearing a public interest litigation by non-government organisation Uday Foundation seeking a complete ban on sale of junk food and carbonated drinks in school premises as well as within their 500-yard radius.

The petitioner submitted that it had been proved conclusively through researches that the fat-rich and fibre-deficient junk foods and carbonated drinks affected the mental and physical growth of children.

The petitioner sought framing of a national policy for school canteens to ensure quality and nutritious food to children across the country during their formative years.

Coke gets nod to produce energy drinks in India

Get ready for made-in-India energy drinks. Coca-Cola has received clearance from the government to manufacture energy drinks in the country. “We have got the clearances last month,” said a Coca-Cola spokesperson.
Coca-Cola is the first multinational company to secure government approval to produce energy drinks in India. “We do propose to manufacture the product in India, but this is at a very initial stage of planning,” the Coca-Cola spokesperson said in an emailed response.
Coca-Cola launched its energy drink, Burn, in India in December 2009. Prior to that, the cola major had launched another energy drink, Shock, in 2001, which failed to penetrate the Indian market. The company currently imports Burn from Malaysia to sell in India.
In India, Burn primarily competes with PepsiCo’s SoBe (launched in 2008), Red Bull and Power Horse that are marketed in India by two eponymous Austrian companies. Indian firm Goldwin Healthcare also markets Cloud 9 as an energy drink. Burn, priced at Rs 75 for a 300-ml can, is available in a few cities, including Mumbai, Delhi/NCR and Bangalore. Coca-Cola sells Burn in 80 countries across the world.
Energy drinks — essentially, non-alcoholic high-calorie caffeinated beverages — are popular among young people, especially at gyms, sports events and bars. As part of their marketing strategy, some energy drink makers link with high-octane sports. Red Bull, for instance, owns a Formula 1 car racing team.
The market size of energy drinks in India is estimated at about Rs 500 crore, growing 25 per cent year-on-year, according to a study by Technopak Advisors. The carbonated drinks market is close to Rs 6,000 crore and is growing by 10-12 per cent annually, according to the study.
The Food Safety and Standards Authority of India has recently said energy drinks would now be called “caffeinated drinks” and packs should contain the statutory safety warnings, specifying “not recommended for children, pregnant or lactating women, persons sensitive to caffeine and sportspersons”. Energy drinks are banned in some countries, such as Denmark, Uruguay and Turkey. In Sweden, they are banned for sale to children.
The draft regulation on energy drinks — yet to be published — sets the upper limit of caffeine in a caffeinated beverage at 320 mg per litre or parts per million (ppm). According to the Coca-Cola website, Burn contains 0.03 per cent of caffeine in a can of 300 ml. Currently, the prescribed upper limit of caffeine in soft drinks and aerated sugar water is 145 ppm.

All-India survey of food served in school canteens

The Food Safety and Standards Authority of India (FSSAI) will engage an agency to conduct a nationwide survey on the standard of food supplied in school canteens and suggest measures to improve them. During hearing on a PIL seeking a ban on the sale of junk food within 1,500 feet radius of schools, additional solicitor general Rajeev Mehra, who appeared for the health ministry, told the court: "There are several reported incidents of food poisoning in schools due to unhygienic food served in canteens. There is an increase in the quantity and variety of junk foods sold within the school premises that may have harmful effect on children's health both in short and long term. There may be many more incidents but they go unreported due to schools located in far off places and poor communication." Mehra submitted to the court a 'call of expression' for hiring the agency to frame the guidelines. The court had in October last year directed the Centre to immediately implement its plan to completely ban junk food and carbonated beverages from schools.
Petitioner Rahul Verma of NGO Uday Foundation told the court: "It is time we change the way kids eat in schools. Such a ban will set new standards for healthy food. On one hand, children are taught about good nutrition ... on the other hand, we continue to make junk food available to them."
The court had also given six months time to FSSAI to frame guidelines for banning junk food and aerated drinks in and around educational institutions.
The court had also asked the FSSAI to consult the All India Food Processors Association (AIFPA) and restaurant associations for framing the guidelines.

Guidelines on junk food in schools to be framed; FSSAI to HC

The task of framing guidelines on making available quality and safe food in the schools has been assigned to AC Nielsen QRG-MARG Pvt Ltd, the Delhi High Court was today informed.
The Food Safety and Standards Authority of India (FSSAI) told a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw that in pursuance of the earlier direction, it has given the task to formulate the guidelines to the private firm after inviting proposals from various expert agencies who do similar work.
The court took into records a report submitted by the FSSAI and fixed the hearing on the PIL on March 22 next year.
The report stressed the need for guidelines saying besides the students studying in public schools, there are more than twelve crores children are studying in government-run primary and upper primary schools in the country.
"There are several reported incidents of food poisoning in the schools due to unhygienic food served there," it said adding that hence, it necessitated the framing of guidelines.
Detailing the scope of study and subsequent guidelines, the FSSAI, in its report, today told the court that AC Nielsen QRG-MARG Pvt Ltd will review the present status of the safety and quality of food and also the sanitary and hygiene conditions of the food which is available in the school premises.
The court had earlier in January given six months time to FSSAI for framing guidelines on banning the sale of junk food and aerated drinks in and around educational institutions in the country.

Punjab govt approves proposal to ban gutkha, pan masala; implementation soon 

Chandigarh: The Punjab Government on Monday banned the sale, storage, manufacture and distribution of Gutkha and Pan masala or other items with tobacco and nicotine content in the state.

An official spokesperson said that Chief Minister Parkash Singh Badal had cleared the file and approved the proposal by the state Health and Family Welfare Department to ban the Gutkha and Pan masala in the larger interest of public health.

Recently, several states including Kerala, Maharashtra, Chhattisgarh, Bihar, Haryana, Jharkhand, Madhya Pradesh and Rajasthan have banned tobacco in gutkha and pan masala, as required under the Food Safety and Standards Authority Act which prohibits adulteration of food items.

New evidence from a government-sponsored survey of tobacco use prevalent in north India has shown that health warnings have helped a large majority of smokers in quitting the habit.

Cigarette smokers in Chandigarh found health warnings to be helpful in helping them quit. In Chandigarh, India's first smoke free city, 58 per cent adults who thought of quitting did so after reading and seeking health warnings.

Activist urge Uttar Pradesh government to ban Gutkha

LUCKNOW: Social activists in the city have demanded that Uttar Pradesh must ban Gutkha as it is categorised as a food item by Food Safety and Standards Act (FSSA) 2006. As per the act, no food item can contain tobacco or nicotine. Talking to TOI after an interaction with several NGOs, coordinator for Citizen News Service, Bobby Rama Kant said that Regulation 2.4.3 of the Food Safety and Standards Act (FSSA) 2006, notified for implementation from August 5, 2011 by the Government of India (GOI) states: "tobacco and nicotine shall not be used as ingredients in any food products".

The Supreme Court has clarified, "since pan masala, gutkha or supari are eaten for taste and nourishment, they are all food within the meaning of Section 2(v) of the PFA Act." The pressure group had written to Health and Family Welfare Minister Ahmed Hasan on the count who has expressed his deep concern on the alarming levels of tobacco consumption in UP state due to which people have to deal with life-threatening serious diseases such as cancers, heart diseases, respiratory diseases and other chronic ailments.

Shri Ahmed Hasan said that the government must act without delay to save lives which are lost due to these diseases attributed to tobacco use. Former senior faculty of Loreto Convent and Editor CNS Shobha Shukla said that "according to the UP state adult tobacco survey data, 49% men and 17% women use tobacco in some form or the other. 35.4% men use smokeless tobacco (such as Gutkha) and 23.9% men use smoking forms of tobacco such as cigarettes or bidis. 13.7% women use smokeless forms of tobacco (such as Gutkha) where as 4.6% women smoke tobacco.

Many states in India have already banned Gutkha, such as: Madhya Pradesh, Kerala, Bihar, Himachal Pradesh, Maharashtra, Rajasthan, Jharkhand, Goa, Haryana, Punjab, and Gujarat; and Delhi state is likely to announce the ban on Gutkha very soon as per news reports. The ban in Delhi will not be fully effective unless there is a ban on Gutkha in Ghaziabad and NOIDA as well which are part of the NCR. Tobacco is established to be a lead cause of life-threatening non-communicable diseases such as heart diseases, stroke, cancers, respiratory illnesses, diabetes, among others. We believe there should be a ban on all forms of tobacco in the interest of public health. Government loses more money in treating tobacco-related illnesses than the revenue it gets from tobacco industry.

Gutkha ingredients too banned: FDA chief

NAGPUR: It is not just gutkha that has been banned by the state government but also its constituents that can be combined to make gutkha or pan masala. However, the ban on such ingredients seems to have got buried in the fine print of notification of Food and Drugs Administration (FDA). Enforcing the ban on such material could take some more time as the matter is in court and everyone is awaiting its decision.
Food Safety Commissioner and Commissioner of FDA in the state Mahesh Zagade preferred not to answer questions on this subject here on Monday. He was in city to inaugurate a training programme on the implementation of the Food Safety and Standards Act 2006 (FSSA) that came into force last year. He also dodged questions on ban on tobacco.

However, Zagade told reporters after the inaugural function that the FDA had till now seized gutkha worth Rs5-7 crore. He also stated that the FDA was making efforts to convince neighbouring states also to ban gutkha so that its smuggling could be controlled. On FSSA, Zagade said implementation of the Act in the state had already fetched Rs45 crore revenue to the state as licence fees from the food joints. He explained that the Act had provision for compensation to a person claiming any disease or damage to body through consumption from unhygienic and contaminated food. It also had provision of recall system of a batch of any food item that violated the Act.
"The Act is more of a preventive measure than penal one. It has provisions for control of anything unhealthy being consumed by people. It is targeted at improving quality of foodgrains, vegetables, fruit and cooked and packed foods," he said. Zagade informed that the FDA had prepared a proposal of Rs800 crore for setting up of seven stationary and 37 mobile food testing laboratories for better and faster implementation of the Act.
The FDA commissioner also suggested his own administration and staff were not doing their job as desired. In his one and half-hour presentation in the inaugural session, he pointed out that the staff was not proactive, not working in mission mode, not delivering fully what was expected of it. Zagade said the administration lacked the visibility. "Our job is to prevent damage to human body due to consumption of any contaminated food. There is nothing more precious than human life and FDA should be its biggest guardian, even more than doctors," he told his officers.

Scientists work on probiotics for Indians

In the backdrop of numerous probiotic products in the market, Indian scientists are developing local strains of the bacteria to suit Indians better.
Government authorities are also bringing in guidelines to regulate clinical use of probiotics.
“A strain of lactobacillus plantarum from the Indian population has been submitted to the Institute of Microbial Technology for approval. Once it is approved, we will ask for phase one trials,” said Dr Sunita Grover, principal scientist, National Dairy Research Institute, Karnal.
She spoke on the sidelines of the 1st Annual Conference and International Symposium organised by the Probiotic Association of India (PAi).

With the theme ‘Probiotics for human health — New innovations and emerging trends’, the conference discussed production and use of probiotic organisms, and impact of probiotic foods in health, immunity and preventing diseases.

Probiotics are human health-friendly bacteria, which include lactobacillus and bifidobacteria. Usage of their various strains is claimed to improve overall health as well as some specific disorders.

K Chandramouli, chairperson, Food Safety and Standard Authority of India (FSSAI), said, “There is a plethora of myths associated with probiotic food and their usage. The situation is further complicated due to lack of government regulatory quality control standards for probiotic foods in India, though Indian guidelines for probiotic cultures and foods have recently been launched by the Indian Council of Medical Research in collaboration with the union department of biotechnology.”

Pointing to limitations of the use of probiotics, PAi secretary Dr V K Batish said, “If an infant is healthy, then probiotics are good. But if the child has compromised immunity, then doctors have to be careful in giving probiotics.”

Food safety act has few takers among industry

KOCHI: The food business operators in the state, which mainly include hotels and restaurants, continue to be at loggerheads with the food safety authorities.
This despite the fact that Food Safety and Standards Authority of India under the ministry of health and family welfare recently decided to extend the deadline to renew their licences under the Food Safety and Standards Act (FSSA) 2006 to January 2013.
The earlier set deadline was August 5. But most of the food business operators in state did not renew their licences or take steps to improve hygiene in their outlets under the norms of the act.
The Kerala Vyapari Vyavasayi Ekopana Samithi has already demanded a cut in the licence fee and a reduction in the fine amount that is likely to be imposed on offences booked under the act. They had also issued a circular to all its members asking them not to renew their licences.
Under the act, fine up to Rs 10 lakh can be imposed even for small violations. The act stipulates that food business operators with an annual turnover up to Rs 12 lakh should pay a registration fee of Rs 100. Those with a turnover of over Rs 12 lakh have to remit a fee of Rs 5,000.
Meanwhile, an official of the food safety commissionerate in the state capital, said they will continue with the raids in hotels and restaurants and issue notices to voilators even though the deadline to get new licence has been extended.
Earlier the authorities had raided various hotels and restaurants across the state and issued notices to 696 of them to improve hygiene. They also asked 73 food outlets to close down.
With hotels protesting against raids, the authorities had also issued a 30-point guideline in the last week of July to ensure hygiene in hotels.
However, Jose Mohan, general secretary of the Kerala Hotels and Restaurants Association, maintained that most association members have renewed their licences. But he did not mince any words against the food safety officials. "The food safety commissioner does not have any authority to issue guidelines. We are planning to stage a protest in front of the secretariat on September 4 as the government has not called us for talks till now."

Chicken Manchurian with a ‘Cooked Worm’

Again an incident of serving substandard food from a technopark restaurant.  The latest victim was  Naveen AS, a techie who got a cooked worm from chicken Manchoorian.  He bought it from Amritha Restaurant functioning in Nila atrium.  When he complained the incident, the restaurant representative simply blamed the vegetables and apologized for the ‘special dish’.
After the controversial shawarma incident, complaints on food adulteration and sale of subtandard foods are increasing in the city.
A complaint has been registered with the food safety authority through their toll free number.

Worms found in food at varsity refectory

Refectory does not possess crucial FDA licence, could face penalty

PUNE: Worms were found in the food served at the main refectory of the University of Pune on the second consecutive day on Saturday, sparking an angry protest from the students. It has been found that the refectory situated near the Jaykar library and which is being run by a private contractor does not have the mandatory licence issued by the Food and Drug Administration (FDA) raising serious hygiene issues.

Around 950 students enrolled for different courses at the university rely on this very refectory, for which the university administration provides a rental-free space and free electricity. The refectory has been in the news in past also due to students' complaints about poor quality of food served. “The worms were found in one of the vegetables yesterday night and today morning also. These kind of incidences have taken place in the past also. The university administration should take immediate action as the issue is directly related to health of students,” Sagar Shinde, a student from the History department said.

FDA Pune division, assistant commissioner (food) Dilip Sangat told Sakal Times that all public canteens needed a mandatory licence as per the Food Safety and Standards Act, 2006, which came into effect from August 2011. “If there are violations, the Act stipulates a penalty of Rs 10 lakh and a jail term depending on the outcome of serving substandard food,” Sangat said.

Somnath Tambe, a student from Political Science department alleged that the supervisory committee set up to ensure desired quality of food at the refectory was acting in favour of the private contractor. Several agitating students told Sakal Times that Deepak Gaikwad of the History department who heads the supervisory committee used abusive language when the matter of the worms was brought to his notice on Saturday.

Students are demanding that refectory be run by the university administration, by partly involving students under the 'earn and learn' scheme. When contacted, UoP Vice chancellor Wasudeo Gade told Sakal Times that the refectory contractor would be summoned immediately to discuss the issues raised by students regarding the quality of food served. Gade said that the refectory owner would be asked to comply with the FDA guidelines with immediate effect.

5000 pouches of Rangolo Pan Masala seized

Haryana : Food and Drug Administration (FDA), Haryana has started crackdown on the food business operators engaged in the sale, distribution, supply, stocks etc of Gutka and Panmasala containing Nicotine or Tobacco as ingredients which has been prohibited by the Haryana Government. FDA teams are conducting raids all over the state to confiscate the products and ensure the compliance of the prohibitory orders.
While stating this here today, a spokesman of the FDA said that raids were conducted at various outlets in different parts of the State in an extensive drive undertaken by the FDA against this menace and such products were confiscated and were also sampled under the provisions of Food Safety and Standard Act 2006.
He said that the department had also invited the persons from different walks of life like chemist Association, NGO, other traders in this movement against such products. A group of chemists in Gurgaon city conducted combing operations and helped the department in getting such products moved out of the market by personnel efforts.

He said that the FDA team raided various Gutka or Panmasala outlet situated outside the malls, big hotels as well as the markets in Gurgaon city and collected samples of such products for purpose of test and analysis under the provision of Food Safety and Standards Act (FSSA) 2006. The FDA team conducted such operations in different areas in city Hisar such as Parizat Chawk, Moli Bazar, Ghandi Chawk, Rampura mohalla in this regard. Similarly raids were also conducted in Faridabad city and two samples of gutka and panmasala were seized from the market under Food safety and standard Act 2006.

He said that the joint team of Health and FDA Department conducted combine operation in Narnaul and got destroyed such products available for purpose of sale and distribution. So far more than 20 samples of such food products had been seized under the provision of FSSA 2006 for analysis purpose from different district i.e. Ambala, Rohtak, Bhiwani, Hisar, Gurgaon, Kaithal, Sonepat. Even shops of Pan Vendors and confectioners were checked by FDA team to ensure compliance of prohibitory orders. More than 5000 pouches of Rangolo Pan Masala were seized from Gokalpura area of Behel in Bhiwani District by the police alongwith the FDA officer Bhiwani.
He said that Dr. Rakesh Gupta, Commissioner FDA hadappealed to the public in general to refrain from using such product like Gutka or Pan masala which were  injurious to the health being carcinogenic.

FDA seizes gutka worth Rs3 crore in Thane

Increased vigil by authorities of the Food and Drugs Administration (FDA) paid off on Thursday midnight, when its Thane unit with help from the Talasari police seized six trucks carrying branded gutka sachets, apart from arresting the six drivers and a manager accompanying the consignment.
Being transported from a Silvassa-based manufacturing firm to an export house at Powai, the consignment worth nearly Rs3 crore was packed in 3,000 cartons which were stashed into several gunny bags, in all weighing around 16,200kg.
Inspector Dutta Chavan of Talasari police said, “It was after the tip-off by Thane FDA authorities that we stopped the six trucks near the Dhondalwadi police chowky in Talasari, on the Mumbai-Ahmedabad national highway No.8 on Thursday midnight (2am).” Manufactured by Kirti Industries at Silvassa, the gutkha consignment of ‘Goa’ brand was meant for sale in Panvel and Powai areas, he added.
After authorities recovered fake documents in the name of the export house, namely Zubair Ali SJJ Export Company, JMJ House at Powai, FDA official Prashant Deshmukh raided the location and found that the firm had no exports licence at all. “Meanwhile, the Thane FDA probing the case has already sent the gutkha pouches for a chemical analysis at their laboratory in Thane and awaiting report,” said Chavan.
While refusing to divulge the names of the six truck drivers and the company manager detained by the FDA, Deshmukh said, “There is only one gutka manufacturer in Maharashtra, as opposed to over a dozen of them outside the state, including Gujarat and the neighbouring Union territories of Silvassa and Dadra and Nagar Haveli.”
A case under the stringent Food Safety and Standards Act, 2006, will be slapped against the accused, he added.